1. INTRODUCTION AND SCOPE
This Privacy Statement (the “Statement”)applies to the website www.LoyalPay.me (the “Website”), owned, operated and/or used by:
LOYALPAY
Cantersteen, 47
1000 Brussels
BELGIUM
Business Number: 0820246 648
Hereinafter “LoyalPay”, “we” or “us”
LoyalPay 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 in Regulation (EU) 2016/679 of theEuropean 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 DataProtection Regulation” or “GDPR”).
Your Personal Data and your privacy are protected by LoyalPay 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 PersonalData, or accepting this Statement, you expressly consent to the way LoyalPay collects and Processes your Personal Data as described in this Statement.
2. WHO PROCESSES YOUR PERSONAL DATA AND HOW CAN YOU CONTACT LOYALPAY?
LoyalPay is responsible for the Processing of your Personal Data that you provide through the Website.
LoyalPay has appointed a privacy officer, whom you can always contact for questions about your privacy and the Processing of your Personal Data. The privacy officer can be reached at:
LOYALPAY
Cantersteen, 47
1000 Brussels
BELGIUM
Privacy officer
Email:[CR1] privacy@loyalpay.com
3. TYPES OF INFORMATION LOYALPAY MAY COLLECT FROM YOU
LoyalPay may collect, store and use the following kinds of personal information about individuals who visit and use ourwebsite.
3.1. Information you supply to LoyalPay,on both LoyalPay.me and the LoyalPay Extranet:
You may provide us with information about yourself by, e.g., filling out demo booking or sample request forms on our website, by subscribing to our newsletter, or using the LoyalPay extranet.
The information you may provide can include your contact information, such as your name, business name, address, email address and telephone number, business number, MVC details, IBANs and other financial details relevant to processing your gift card loads/transactions etc.
3.2. Information LoyalPay’s website automatically collects about you.
With regard to each of your visits to our website, LoyalPay’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 LoyalPay’s Cookie Policy
WherePersonal 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's Personal Data.[CR2]
4. PURPOSES AND PRINCIPLES OF THE PROCESSING OF YOUR PERSONAL DATA?
The purpose and principles of the Processing of yourPersonal Data mainly depends on the category of Personal Data concerned. Below you will find an overview of the purposes and principles of the various Personal Data that we Process at LoyalPay.[CR3]
4.1. Information you supply to LoyalPay:
4.1.1. Contact information
Contact information is collected when you:
· send LoyalPay an email;
· complete a voluntary satisfaction survey;
· complete a book a demo form;
· complete the contact us form;
· update/create a user profile on the LoyalPay TMS;
· enter your email address to subscribe for the LoyalPay newsletter and to receive direct marketing messages.
LoyalPay will use this information to
· provide you with information and/or services that you request from us;
· answer your questions;
· provide you with improved product offerings and client services;
· improve your customer and/or user experience.
Grounds for Processing:
· Necessary for the performance of the agreement +Consent[CR4]
4.1.2. Application Related Information
When you apply for a job at LoyalPay, you are directed to the Breezy HR website application. Application related information is directly collected by Breezy HR and afterwards shared with LoyalPay.LoyalPay processes the application related information with a view to possible recruitment.
Grounds for Processing:
· Legitimate interest
4.2. Information LoyalPay automatically collects about you
This information is collected anonymously and is not linked to information that identifies you as an individual
LoyalPaytracks 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 our Cookie Policy
Legitimate interest as a legal basis for the lawfulness ofProcessing is justified with regard to the Personal Data to improve your user experience, the Website and LoyalPay’s product and services. The fact that LoyalPay Processes this Personal Data 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.
TheProcessing of certain of the above-mentioned Personal Data by LoyalPay and other information you might disclose, is necessary for the performance of the agreement. In the event you refuse to provide these Personal Data, LoyalPay will not be able to comply with certain of its obligations (e.g. responding to your questions, processing you demo booking or sample request, etc).
The consent you provide is always free, and you have the right to withdraw this consent at anytime. Withdrawal of consent does not affect the Processing of Personal Data (i)prior to such withdrawal, (ii) based on a legitimate ground for ProcessingPersonal Data, and (iii) in case of a legitimate interest of the Processing.
The above reasons may not be exhaustive, and LoyalPay may at any time Process yourPersonal Data for any other legitimate reason. In such cases, LoyalPay will notify you as soon as possible of the reason. Updates of this Statement may constitute such a notification.[CR5]
5. RECEIVING AND SHARING PERSONAL DATA
5.1. When does LoyalPay receive your Personal Data?
LoyalPay receives your Personal Data in cases as and when:
· You visit the Website;
· You contactus via email;
· You contact us via telephone;
· You contact us via our website;
· You complete a voluntary customer satisfaction form;
· You complete a voluntary customer testimonial form;
· You complete a voluntary demo request form;
· Via aSubsidiary of the Loyaltek Group, such as Paynovate, Giftify, and Fintronik;
· Via cookies;
· Via newsletter subscription.
5.2. Does LoyalPay share your Personal Data?
LoyalPay will only share your Personal Data in a minimal manner.
However, in order to follow up on your request or action on the Website, LoyalPay may sometimes need to share Personal Data with third parties or its subsidiaries.
You therefore give your express consent to share yourPersonal Data as described in this Statement.
LoyalPay's Data Processors and Subcontractors always act under LoyalPay's responsibility.
If LoyalPay contracts with Processors orSubcontractors, this will always be done in accordance with a Data ProcessingAgreement that meets the requirements of the GDPR and protects your PersonalData as well as possible.
LoyalPay may share your Personal Data with third parties, for the storage and Processing of your Personal Data, to respond to your requests, to send you content, and to optimise our Website.
LoyalPay does not rent, sell, or share your personal data with other persons or non-affiliated companies.
LoyalPay 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. LoyalPay may receive your Personal Data from these third parties.
6. TRANSFER OF PERSONAL DATA TO COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
In principle, LoyalPay does not transfer your Personal Data to countries outside the EEA. It is, however, possible that LoyalPay- through its Processors or Sub processors - does transfer your Personal Data to countries outside the EEA. Should a less strict protection for Personal Data apply in a specific country than within the EEA,LoyalPay 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
LoyalPay will only use your Personal Data for direct marketing purposes after receiving consent. You may at any time withdraw this consent and object to the Processing of yourPersonal Data for direct marketing purposes, including profiling, to the extent that it is related 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 LoyalPay to keep you informed about its products, updates, events, etc. In accepting thePrivacy Policy, you have given your explicit consent for this legitimate interest use of your Data.
You shall have the right at any time to object to theProcessing 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
8. HOW LONG WILL LOYALPAY RETAIN YOUR PERSONAL DATA?
LoyalPay applies the following retention periods for your Personal Data:
8.1. Information you supply to LoyalPay:
8.1.1. Contact information
Maximum one (1) year after submission of your Personal Data.
In accepting secondary opt-ins delineated in thePrivacy 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 LoyalPay 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 ourWebsite.
Cookies
For more information, reference is made to our CookiePolicy
LoyalPay retains your Personal Data in its own databases and/or in the databases of its subsidiaries.You may ask LoyalPay to provide a copy of the list of these subsidiaries at any time.
9. HOW DOES LOYALPAY SAFEGUARD YOUR PERSONAL DATA?
LoyalPay has developed appropriate technical and organizational measures, safeguards and assurances to Process your Personal Data in accordance with applicable Belgian and European regulations, in particular to protect your Personal Data against loss, misuse, or unauthorized alteration.
LoyalPay makes all reasonable and appropriate efforts to protect the confidentiality of yourPersonal Data.
Despite the technical and organisational measures taken by LoyalPay, 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 applicableBelgian and European regulations, you have the right:
· to receive confirmation as to whether LoyalPay Processes your Personal Data and, where this is the case, to access the Personal Data that LoyalPayProcesses;
· to corrections by LoyalPay, without undue delay, of any inaccurate or incompletePersonal Data;
· to have yourPersonal Data deleted by LoyalPay;
· to obtain your Personal Data and to transfer them to another Controller or Processor;
· to obtain a limitation of the Processing of your Personal Data from LoyalPay, 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 Personal Data 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 applicableBelgian and European regulations, you have the right to file a complaint with the competent supervisory authority should the Processing of your Personal Data violate the applicable regulations. In Belgium where LoyalPay is incorporated, this is the Data Protection Authority (“Gegevensbeschermingsautoriteit”) https://www.dataprotectionauthority.be.
11. AMENDMENTS TO THIS STATEMENT
LoyalPay may amend this Statement at any time. Any amendments LoyalPay may make to its Privacy Policy in the future will be posted on this 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 LoyalPay 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 LoyalPay;
· to respond to claims against LoyalPay regarding Personal Data that violate any rights of third parties;
· to safeguard the rights, property and safety of LoyalPay, its employees, users, and the general public.
LoyalPay may disclose your Personal Data to competent police or judicial authorities or other official government authorities if LoyalPay deems this useful or necessary, in its sole discretion, for the investigation of fraud, intellectual property infringement or any other harmful activity, or ifLoyalPay reasonably suspects that such activity may exposeLoyalPay or you to any liability.
13. LIABILITY
If LoyalPay has legitimately transmitted your Personal Data to a third party (not being one of its aforementioned legitimate Third-Party Partners, Processors, or Subsidiaries), LoyalPay shall not be liable for any unlawful Processing or unlawful use by that third party.
Under no circumstances does LoyalPay 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).
LoyalPay is also not liable when third parties Process or use your Personal Data illegitimately andLoyalPay has taken the appropriate technical and organizational measures to go against such illegitimate Processing or use.
LoyalPay 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. LoyalPay shall in no event be liable for any special, incidental, indirect or consequential losses or damages.
14. APPLICABLE LAW 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 dispute that may arise from the interpretation or implementation of this Statement, without prejudice to the consumer’s right to present a dispute before the competent court on the basis of a mandatory statutory provision.
