Last Updated: June 2023
1. INTRODUCTION AND SCOPE
All capitalised terms not defined in this Policy shall have the meaning given to them in Regulation (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 Policy very carefully. The following describes not only your rights, but also the way in which you can exercise these rights.
Giftify considers the protection of privacy as being of fundamental importance and would like to enable you, during your interactions with Giftify to retain full control over your personal data.
2.1. Services and platforms operated by Giftify
Giftify operates, owns and/or uses the following platforms and services:
- E-commerce sales platform (B2C)
- E-commerce sales platform (B2B)
- E-commerce sales platform (eShop)
- Data Collect
- Giftify App
2.2. Marketing activities of Giftify
Giftify will use your personal data for marketing activities (such as for instance direct marketing or customer profiling) after receiving your consent if necessary. You may at any time withdraw this consent and object to the processing of your personal data for marketing purposes.
You shall object to the processing of your personal data by clicking on the unsubscribe button.
3. WHO PROCESSES YOUR PERSONAL DATA AND HOW CAN YOU CONTACT GIFTIFY?
We are responsible for the processing of the personal data you may provide when interacting with us.
4. TYPES OF INFORMATION GIFTIFY MAY COLLECT FROM YOU
Giftify may collect, store and use certain of your personal information when you visit our website, our platforms, use our app and services or when we perform marketing activities.
This information may include your names, business names, address, email address and telephone number, business number, IBANs and other financial details relevant to processing your gift card loads/transactions, or other services provided by Giftify.
5. HOW CAN WE COLLECT YOUR PERSONAL DATA AND WHAT DO WE DO WITH IT?
5.1 Collection of your personal data
We may collect your personal information via cookies or when you :
- Visit our websites and platform;
- Contact us via an email, via telephone or via our website;
- Complete a voluntary customer satisfaction form;
- Complete a voluntary customer testimonial form;
- Use our services;
- complete a book a demo form;
- complete a sample request form;
- complete the “contact” us form;
- enter your email address to subscribe for the Giftify newsletter and to receive direct marketing messages.
5.2 Actions of Giftify
5.2.1 Processing of your personal data
Giftify may process your personal data 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.
5.2.2 Potential sharing of your personal data
Giftify will only share your personal data in a minimal manner. However, in order to follow up on your request or action on the platforms and services, Giftify may sometimes need to share personal data with third parties (Processors and/or Sub-contractors).
Giftify’s Data Processors and Sub-contractors always act under Giftify’s responsibility. If Giftify contracts with Processors or Sub-contractors, this will always be done in accordance with a Data Processing Agreement that meets the requirements of the GDPR. Giftify does not rent, sell, or share your personal data with other persons.
Giftify 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.
6. LEGAL BASIS ON WHICH WE PROCESS YOUR PERSONAL DATA
Giftify processes your personal data based on the following legal grounds :
- The processing of certain of the above-mentioned personal data by us and other information you might disclose, is necessary for the performance of the platforms and of the services we provide. In the event you refuse to provide this personal data, we will not be able to comply with certain obligations (e.g. responding to your questions, processing your demo booking or sample request, etc).
- The consent you provide is always free, and you have the right to withdraw this consent at any time. Withdrawal of consent does not affect the processing of personal data (i) prior to such withdrawal, (ii) based on a legitimate ground for processing personal data, and (iii) in case of a legitimate interest of the processing.
- Legitimate interest as a legal basis for the lawfulness of processing is justified with regard to the personal data to improve your user experience, to improve the services and the products we develop, operate and own. The fact that Giftify processes this personal data also benefits you as a user of our platforms and services and products. A processing of personal data on such ground may not override your fundamental rights.
- The compliance with legal obligations.
7. TRANSFER OF PERSONAL DATA TO COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
In principle, Giftify does not transfer your personal data to countries outside the EEA. It is, however, possible that Giftify, 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, 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).
Please refer to our Cookies Policy available here.
9. HOW LONG WILL GIFTIFY RETAIN YOUR PERSONAL DATA?
We retain your personal data for as long as necessary for the purposes described in Section 5 of this Policy, or according to the relevant legislation applicable.
For example, we retain your personal data only as long as necessary having regard to your business relationship with Giftify and, if applicable, the termination thereof, or as long as required to comply with Giftify’s legal obligations.
In case of litigation, we may keep your personal data until the litigation is fully resolved. We will then either delete or archive it according to applicable law.
10. HOW DOES GIFTIFY SAFEGUARD YOUR PERSONAL DATA?
Giftify has developed appropriate technical and organisational 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 unauthorised alteration.
Giftify makes all reasonable and appropriate efforts to protect the confidentiality of your personal data.
Despite the technical and organisational measures taken by Giftify, 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.
11.YOUR RIGHTS IN REGARD TO THE PROCESSING OF YOUR PERSONAL DATA
In as far as provided for in the applicable Belgian and European regulations, you have the following rights:
Object : You have the right to object at any time to the processing of your personal data based on a legitimate interest of Giftify, for example when used for (direct) marketing purposes, for profiling to send you targeted advertising, or for sharing your data with third parties or with other entities within the Giftify.
Withdrawal : In cases where you have given your previous consent for your personal data to be processed, you can withdraw that consent at any moment. This does not affect the lawfulness of processing based on consent before its withdrawal.
Access : You can request access to or a copy of your personal data we maintain about you. You may also request information on the purposes of the processing, categories of data, categories of recipients, data retention terms, etc.
Portability : You may have the right to obtain a copy of any personal data that we hold about you in our records in a compatible format to allow you to exercise your right to data portability.
Restriction : You have the right to request a restriction of the processing of your personal data in the following cases:
- for a period enabling Giftify to verify the accuracy of your personal data in the event you contest the accuracy of your personal data;
- if the processing is unlawful and you wish to restrict the use of your personal data rather than deleting it;
- if you wish Giftify to keep your personal data because you need it for your defence in the context of legal claims;
- if you have objected to the processing but Giftify needs to check whether it has legitimate grounds for such processing which may override your own rights.
Rectification : You may also have the right to correct inaccurate personal data and to complete incomplete personal data.
Erasure : You may have the right to request the deletion of your personal data in the following cases:
- if your personal data is no longer necessary for the purpose of the data processing;
- if you have withdrawn your consent and there is no other legal ground for the processing;
- if you have objected to the data processing and there is no overriding legitimate ground for Giftify;
- if the personal data have been unlawfully processed;
- if the personal data must be erased to comply with a legal obligation applicable to Giftify.
In case of erasure, we will take reasonable steps to inform other Giftify entities which might be involved in the data processing of such erasure.
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 personal data violate the applicable regulations. In Belgium where Giftify is incorporated, this is the Data Protection Authority (Data Protection Authority, Rue de la Presse 35, 1000 Brussels, Belgium, email@example.com, www.dataprotectionauthority.be) .
12. AMENDMENTS TO THIS POLICY
Giftify may amend this Policy at any time. Any amendments Giftify may make to this Policy in the future will be posted on this page and, where appropriate, you may be notified by email. Amended versions of this Policy take effect ten (10) days after their publication on the platforms and services. Where required they will always be submitted for approval.
We may disclose your personal data if this is required by law, or if Giftify determines in good faith that such disclosure is required in order:
- to comply with any pending judicial inquiry, judicial order or litigation pertaining to platforms and the services;
- to compel observance of the general terms and conditions of Giftify accepted by you ;
- to respond to claims against Giftify regarding personal data that violate any rights of third parties;
- to safeguard the rights, property and safety of Giftify, its employees, users, and the general public.
Giftify may disclose your personal data to competent police or judicial authorities or other official government authorities if Giftify deems this useful or necessary, in its sole discretion, for the investigation of fraud, intellectual property infringement or any other harmful activity, or if Giftify reasonably suspects that such activity may expose Giftify or you to any liability.
14. WHO TO CONTACT FOR QUESTIONS REGARDING THE PROCESSING OF YOU PERSONAL DATA ?
Giftify has appointed a data protection officer whom you can always contact for questions and concerns about your privacy and the Processing of your personal data and to exercise your rights as mentioned in Section 12. The privacy officer can be reached by email at : firstname.lastname@example.org