Privacy Policy.

 

1. INTRODUCTION AND SCOPE

This PrivacyStatement (the “Statement”) applies to the website www.loyaltek.com (the “Website”), owned, operated and/or used by:

Loyaltek Group

Cantersteen 47

1000 Brussels

BELGIUM

Business Number: BE 0820.246.648 Herein after “Loyaltek”, “we”or “us

Loyaltek considers the protection of privacy as being of fundamental importance and would like to enable you

- as a visitor to its website - to retain full control over what happens to your personal data and privacy and to keep you informed. All capitalized terms not defined in this Statement shall have the meaning given to them inRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”).

Your Personal Data and your privacy are protected by Giftify in accordance with Belgian and European regulations on the protection of privacy. Please read this Statement very carefully. The following describes  not only your rights, but also the way in which you can exercise these rights.

By visiting our Website, disclosing your Personal Data,or accepting this Statement, you expressly consent to the way Giftify collects and Processes your Personal Data as described in this Statement. 

2. WHO PROCESSES YOUR PERSONAL DATA AND HOW CAN YOU CONTACT LOYALTEK?

 

Loyaltek is responsible for theProcessing of your Personal Data that you provide through the Website. Loyaltek has appointed a privacy officer, whom you can always contact for questions about your privacy and theProcessing of your Personal Data.The privacy officer can be reached at:

Loyaltek 

Cantersteen 47

1000 Brussels

BELGIUM

Privacy officer

Email: privacy@loyaltek.com

3. TYPES OF INFORMATION GIFTIFY MAY COLLECT FROM YOU

Loyaltek may collect, store and use the following kinds of personal information about individuals who visit and use our website.

3.1. Information you supply to Loyaltek:

 

You may provide us with information about yourself by, e.g., emailing us or applying for a job.

The information you may provide can include your contact information, such as your name, business name, address, email address and telephone number, business number, and any other personal details relevant to processing your requests etc.

3.2. Information Loyaltek’s website automatically collects about you

With regard to each of your visits to our website, Loyaltek’s website may automatically collect information including the following:

•    Technical information, including a truncated and anonymised version of your Internet protocol (IP) address, browser type and version, operating system and platform;

•    Information about your website visit, including what pages you visit, how long you are on the site, how you arrive at the site (including date and time);page response times, length of visit, sessions, what links you click on, what documents you download and download errors.

 

Cookies

For more information, reference is made to Loyaltek’sCookie Policy

Where Personal Data of a third party are disclosed via the Website or with a view to use the Website, the person communicating the Personal Data guarantees that they has informed that third party and that they have received all necessary consents to communicate the third party’sPersonal Data.

 

4. PURPOSES AND PRINCIPLES OF THE PROCESSING OF YOUR PERSONAL DATA?

The purpose and principles of the Processing of your Personal Data mainly depends on the category ofPersonal Data concerned. Below you will find an overview of the purposes and principles of the various Personal Data that we Process at Giftify.

 

4.1. Information you supply to Loyaltek:

4.1.1. Contact information

Contact information is collected when you:

•     send Loyaltek an email;

•     complete a voluntary satisfaction survey;

•    enter your email address to subscribe for the a Loyaltek Group newsletter and to receive direct marketing messages.

Loyaltek will use this information to:

•     provide you with information and/or services that you request from us;

•     answer your questions;

•     improve your customer and/or user experience.

Grounds for Processing:

•     necessary for the performance of the agreement+ Consent

 

4.1.2. Application Related Information

When you apply for a job at the Loyaltek Group, you are directed to the Breezy HR website application.Application related information is directly collected by Breezy HR and afterwards shared with Loyaltek and the relevant Loyaltek Group company(Giftify, Paynovate, Fintronik, and/or LoyalPay). Loyaltek processes the application related information with a view to possible recruitment.

Grounds for Processing: 

•     Legitimate interest

 

4.2. Information Loyaltek automatically collects about you

This information is collected anonymously and is not linked to information that identifies you as an individual. Loyaltek tracks your visit to: 

•     tailor its website to better suit your use and to improve its website in the future;

•     administer our site including troubleshooting and statistical purposes.

Grounds for Processing: 

•     Legitimate interest 


Cookies

For more information, reference is made to ourCookie Policy

Legitimate interest as a legal basis for the lawfulness of Processing is justified with regard to thePersonal Data to improve your user experience, the Website and Giftify’s product and services. The fact that Loyaltek Processes this PersonalData also benefits you as a visitor of the Website.Moreover, such Processing ofPersonal Data shall not create a risk to the fundamental rights and freedoms of you as a visitor of the Website, or any other visitors of the Website.

The Processing of certainof the above-mentioned Personal Data by Loyaltek andother information you might disclose, is necessaryfor the performance of the agreement. In the event you refuse to provide these Personal Data, Giftifywill not be able to comply with certain of its obligations (e.g. responding to yourquestions, processing you demo bookingor sample request,etc).

The consent you provideis always free, and you have the right to withdraw this consent at any time. Withdrawal of consent does not affectthe Processing of Personal Data (i) priorto such withdrawal, (ii) based on a legitimate groundfor Processing PersonalData, and (iii)in case of a legitimate interest of the Processing.

The above reasons may not be exhaustive, and Loyaltek may at any time Processyour Personal Data forany other legitimate reason. In such cases, Loyaltekwill notify you as soonas possible of the reason. Updates of this Statement may constitute such a notification.

5. RECEIVING AND SHARING PERSONAL DATA 

5.1. When does Loyaltek receive your Personal Data?

Loyaltek receives your Personal Data in cases as and when:

•     You visit the Website;

•     You contact us via email;

•     You contact us via telephone;

•     You contact us via our website;

•     You complete a voluntary customersatisfaction form;

•     You complete a voluntary customer testimonial form;

•     Via a Subsidiary of the Loyaltek Group, such as Paynovate, LoyalPay, Giftify, and Fintronik;

•     Via cookies;

•     Via newsletter subscription.  


5.2. Does Loyaltek share your Personal Data?

Loyaltek will only share your Personal Data in a minimal manner.

However, in order to follow up on your request or action on the Website, Loyaltek may sometimes need to share PersonalData with third parties or its subsidiaries.

You therefore give your express consent to share your Personal Data as described in this Statement. Loyaltek’s Data Processors and Subcontractors always act under Loyaltek’s responsibility.

If Loyaltek contracts with Processors or Subcontractors, this will alwaysbe done in accordance with aData Processing Agreement that meets the requirements of the GDPR and protects your Personal Data as well as possible.

Loyaltek may share yourPersonal Data with third parties, for the storage and Processing of yourPersonal Data, to respond to your requests, to send you content, and to optimise our Website.

Loyaltek does not rent, sell,or share your personal data with other persons or non-affiliated companies.

Loyaltek will use all reasonable efforts to ensure that your personal data is not disclosed to regional/national institutions and authorities, unless required by law or other regulations.

When visiting the Website, if you are redirected to another application, platform or website, other terms and conditions and privacy and cookie policies may apply. You should consider and read the terms and conditions, as well as the privacy and cookie policies of those applications, platforms, and websites.

Loyaltek may receive your Personal Data from thesethird parties.

 

6. TRANSFER OF PERSONAL DATA TO COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

In principle, Giftify does not transfer yourPersonal Data to countries outside the EEA. It is, however, possible that Giftify- through its Processors or Subprocessors - does transfer your Personal Data to countries outside the EEA.

Should a less strict protection for PersonalData apply in a specific country than within the EEA, Giftify will then ensure that the same level of protection is achieved (e.g.by concluding an agreement with the Processor located in a country outside the EEA). 


7. DIRECT MARKETING

Loyaltek will only use yourPersonal Data for direct marketing purposes after receiving consent. You may atany time withdraw this consent and object to the Processing of your PersonalData for direct marketing purposes, including profiling, to the extent that it isrelated to such direct marketing (free of charge).

It is also possible that your Personal Data will be subject to profiling for further marketing purposes.This enables Loyaltek to keep you informed about then Loyaltek Group companies’ products, updates, events, etc. In accepting the Privacy Policy, you have given your explicit consent for this legitimate interest use of yourData.

You shall have the right at any time to object to the Processing of your Personal Data for direct marketing purposes, including profiling to the extent that it is related to such direct marketing, free of charge, by sending an email to privacy@loyaltek.com

 

8. HOW LONG WILL LOYALTEK RETAIN YOUR PERSONAL DATA?

Loyaltek applies the following retention periods for your Personal Data:

8.1. Information you supply to Loyaltek:

8.1.1. Contact information

Maximum one (1) year after submission of yourPersonal Data.

In accepting secondary opt-ins delineated in the Privacy Policy, you consent to having your Personal Data collected for direct marketing purposes, and that this data will be retained as long as the consent is valid and has not been withdrawn.

8.1.2. Application related information

Maximum one (1) year after receipt of the application related information.

 

8.2. Information Loyaltek automatically collects about you

8.2.1. Technical information

Maximum two (2) years after visiting our Website.

 

8.2.2. Information about your visit

Maximum two (2) years after visiting our Website.

 

Cookies

For more information, reference is made to ourCookie Policy

Loyaltek retains your Personal Data inits own databases and/or in the databases of its subsidiaries. You may ask Loyaltek to provide a copy of the list of these subsidiaries at any time.

 

9. HOW DOES LOYALTEK SAFEGUARD YOUR PERSONAL DATA?

Loyaltek has developed appropriate technical and organizational measures, safeguards and assurances toProcess your Personal Data in accordance with applicable Belgian and European regulations, in particular to protect your Personal Data against loss, misuse, or un authorized alteration.

Loyaltek makes all reasonable and appropriate efforts to protect the confidentiality of your Personal Data.

Despite the technical and organisational measures taken by Loyaltek, you should be aware that there are always risks associated with sending Personal Data over the Internet. The security and protection of your Personal Data can never be fully guaranteed.

 

10. WHAT RIGHTS DO YOU ENJOY?

If and in as far as provided for in the applicable Belgian and European regulations, you have the right:

•    to receive confirmation as to whether Loyaltek Processes your Personal Data and, where this is the case, to access the Personal Data that Loyaltek

Processes;

•     to corrections by Loyaltek, withoutundue delay, of any inaccurate or incomplete PersonalData;

•     to have your Personal Data deleted by Loyaltek;

•     to obtain your Personal Data and to transfer them to anotherController or Processor;

•    to obtain a limitation of the Processing of your Personal Data from Loyaltek, to the extent possible subject to applicable Belgian and European regulations;

•     to receive your Personal Data in a structured, common and machine-readable format;

•    to prevent the Processing of your PersonalData and the use of your Personal Data for direct marketing purposes. 

You may exercise these rights by contacting the privacy officer and providing him or her with a copy of your identity card (e.g. no identification number may be visible). 

If and to the extent provided for in the applicable Belgian and European regulations, you have the right to file a complaint with the competent supervisory authority should the Processing of your PersonalData violate the applicable regulations.

In Belgium, where the Loyaltek Group is incorporated, you may contact the Data Protection Authority(“Gegevensbeschermingsautoriteit”) via this link https://www.dataprotectionauthority.be.

 

11. AMENDMENTS TO THIS STATEMENT

 Loyaltek may amend this Statement at any time. Any amendments Loyaltek may make to its Privacy Policy in the future will be posted onthis page and, where appropriate, you may be notified by e-mail. Amended versions of this Statement take effect ten (10) days after their publication on the Website. Where required they will always be submitted for approval.

12. CONSENT FOR DISCLOSURE

You acknowledge, confirm, and expressly consent that we may disclose your Personal Data if this is required by law, or if Loyaltek determines in good faith that such disclosure is required in order: 

•     to comply with any pending judicial inquiry, judicial order or litigation pertaining to the Website;

•     to compel observance of the general terms and conditions of Loyaltek;

•     to respond to claims against Loyaltek regarding PersonalData that violate any rights of third parties;

•     to safeguard the rights, property and safety of Loyaltek, its employees, users, and the general public.

Loyaltek may disclose yourPersonal Data to competent police or judicial authorities or other official government authorities if Loyaltek deems this useful or necessary, in its sole discretion, for the investigation of fraud, intellectual property infringement or any other harmful activity, or if Loyaltek reasonably suspects that such activity may expose Loyaltek or you to any liability.

 

13. LIABILITY

If Loyaltek has legitimately transmitted your Personal Data to a third party(not being one of its aforementioned legitimate Third-Party Partners, Processors, or Subsidiaries), Loyaltek shall not be liable for any unlawful Processing or unlawful use by that third party.

Under no circumstances does Loyaltek accept responsibility for any direct or indirect damage resulting from faulty or unlawful use of the Personal Data by a third party(not being a Processor or Subsidiary). Loyaltek is also not liable when third partiesProcess or use your Personal Data illegitimately and Loyaltek has taken the appropriate technical and organisational measures to go against such illegitimate Processing or use.

Loyaltek is in any case only liable for the damage caused by Processing of Personal Data if it did not comply with its specific obligations of GDPR. Giftify shall in no event be liable for any special, incidental, indirect or consequential losses or damages.  


14. APPLICABLELAW AND COMPETENCE CLAUSE

This Statement shall be governed, interpreted, and implemented in accordance with Belgian law, which applies exclusively in the event of any dispute.

The Courts of Brussels are exclusively competent to decide on any disputet hat may arise from the interpretation or implementation of thisStatement, without prejudice to the consumer’s right to present a dispute before the competent court on the basis of a mandatory statutory provision.