PRIVACY POLICY

OUR PRIVACY POLICY
LAST UPDATE: June 2021

1. AGREEMENT TO OUR PRIVACY POLICY

This Privacy Policy and its Addendum(s) (hereafter, referred to as “Policy”) describes how We collect, use, process and disclose Your Personal Data (both actively and passively) through the use of Iconik’s Apps and Websites (including all mobile applications and websites operated by Iconik (respectively “Apps” and “Websites”)), products, features and other services globally (collectively, “Services”).
This Policy applies to customers, suppliers, vendors, agents, partners (such as merchant partners), contractors and service providers (hereafter, collectively referred to as “You” or “Your” or “Yours”).
USER’S ACKNOWLEDGMENT OF THIS POLICY
Iconik Loyalty Card Services L.L.C, its respective subsidiaries, affiliates, associated companies and jointly controlled entities (hereafter, collectively referred to as “We,” “Us”, “Our” or “Iconik”) appreciates the need for protection of personal data and is committed to protecting and respecting the privacy of all persons contacting, visiting or otherwise submitting information to Iconik.

BY USING THE SERVICES OR REGISTERING, DOWNLOADING OR ENTERING THE WEBSITES AND/OR THE APPS YOU ACKNOWLEDGE THAT YOU ARE OR HAVE HAD THE OPPORTUNITY TO BECOME AWARE OF THIS POLICY, INCLUDING THE PROCESSING (INCLUDING COLLECTING, USING, DISCLOSING, RETAINING OR DISPOSING) OF YOUR INFORMATION. THE INFORMATION ICONIK HOLDS ABOUT YOU MAY BE HELD AND PROCESSED ON COMPUTER AND/OR PAPER FILES. IF YOU PROVIDE ICONIK WITH ANY INFORMATION REGARDING ANOTHER PERSON, IT IS YOUR RESPONSIBILITY TO MAKE THEM AWARE OF THIS POLICY. IF YOU HAVE ANY QUESTIONS OR COMMENTS REGARDING PRIVACY ISSUES ON THE SITE AND/OR THE APP, PLEASE CONTACT ICONIK BY EMAIL AT [●].

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2. THE INFORMATION WE COLLECT

Iconik collects both “Personal Information” and “Anonymous Information” about You.

“Personal Information” is information that can be used to identify You, such as Your full name, email address, phone number, payment method, password, mailing address, IP address, and profile picture, location, as well as information that is linked to such information.

“Anonymous Information” is information that We cannot use to identify You and is not linked to information that can be used to do so. It includes passively collected information about Your activities on the Websites or on the Apps, such as use and usage data, to the extent that information is not linked to Your Personal Information.

“Personal Data” means collectively, Personal Information and Anonymous Information.

While accessing certain portions of the Services, We passively collect certain information from Your devices, such as Your IP address, screen resolution information, geographic location, Wi-Fi information, browser information, unique device identifier (“UDID”) where applicable and/or Your mobile operating system, and use third party service providers to obtain detailed analytics. We also collect geolocation data from You upon You downloading and opening the Apps or accessing the Website. Sometimes, this passively collected information will constitute Personal Information – please see, in particular, Sections 2.4 and 2.5.
Voluntarily submitted information

We collect information that You provide to Us during Your use of the Services. Some examples include:

Personal Information that You enter when registering for or using the Services, Website or Apps, including Your full name, email address, phone number, payment method, billing information, profile picture and profile information. The provision of some of this information (as indicated by Us) is mandatory in order to create an account and use the Services;
communications with Us (for example, emails, in-app messages and photos, text messages);
user preference information You provide such as marketing preferences, communication preferences (for example, emails, sms or in-app messages) home address, work address, and/or favourites, as well as information in surveys;
information You provide to Our customer support team or other Iconik staff by email, post, the Apps, the Websites, sms, Facebook messenger, in-app messaging, Instagram messaging, telephone or otherwise, in which case Iconik may keep a record of that correspondence to respond to Your enquiries and improve its services, and We may record Your customer support calls for quality assurance purposes and for improving Our services. Any photos You send us may be stored on Your own device;
information that You post on any forums or message boards (such as Iconik’s pages on third party social media sites, and other third party maintained and publicly accessible forums where Iconik is discussed);
data You provide, including photos or comments, in connection with or participation in any promotions or competitions sponsored, promoted or offered by Iconik and/or any third-party and any data provided to Iconik by way of feedback, profile forms or issues relating to the Services;
data You provide, including a copy of Your identification or credit card, in connection with special instances relating to fraud or otherwise where Iconik needs to authenticate user identity and/or ownership of the payment method provided. Full credit card information is not retained by Iconik, and the copy of Your credit card will be used solely for the purposes of authenticating Your ownership and preventing fraud; and

Information collected through use of the Services
1. Geolocation data: If You access the Apps or Websites through a mobile device or computer, We may access, collect, monitor and/or remotely store “geolocation data” which may include the GPS coordinates or similar information regarding the location of Your mobile device or computer.
2. Contacts: We may access Your calendar or contacts if You provide us with Your permission to do so.
3. Transaction data: We collect information created during Your various interactions with any Service.
Information collected via technology
1. If You are using the Websites, We automatically collect information from You, including Your hardware model, browser type, operating system, Internet Protocol (IP) and domain name. If You are using a mobile device, We may also receive Your UDID, or another unique identifier, and mobile operating system. We may correlate this information with other Personal Information We have about You. We may also use cookies and URL information to gather information regarding the date and time You used the Services.
2. In connection with Your use of the Apps, We may receive the date and time of calls, SMS and in-app messages with Iconik and their respective content, as well as a record of the fact that You contacted a customer service representative. For the avoidance of doubt, Iconik does not have any information whatsoever about Your calls or SMS messages to any third-parties.
3. We may use third-party services with Your use of the Apps, such as [●] to track and analyse trends and patterns in relation to consumer behaviour.
4. We may also use third-party fraud prevention services to track and analyse customer and captain usage logs, device logs, root logs, screen logs, and granted permission logs for purposes of security, fraud prevention, and money laundering prevention.
5. If You choose to download or login to the Apps or Websites via a third-party website, Your Personal Information may be provided to Us by that website.
6. Because We rely on third-party commercial software and programs to operate our servers, We may inadvertently collect Personal Information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information prior to engagement and after discovery in Our system. If You know of any such unintended collections, please notify Us promptly so We can take the necessary action to remove such information from Our system.
Information provided by others
1. Iconik may receive information about You if You use any of the other websites or other services its affiliates provide. Iconik also works closely with third parties (including, for example, business partners, marketing, subcontractors in technical, payment, delivery and transportation services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about You from them. Where third-parties collect information about You and share it with Us, You should refer to their separately maintained privacy policies or notices.
Information about your device
1. Iconik collects information about the device You use to access the Services, which may include Personal Data. This information is used to recognise Your device so that it can be linked to Your account. This activity is carried out for purposes of safety, security, evaluation of the performance of the Apps or the Websites, improvement and optimization of the customer experience, fraud prevention and may involve the sharing of information about Your device including limited personal data, IP address, Wi-Fi and location information with a third-party service provider.
2. Iconik collects information about installed malicious applications that are specifically used to commit fraud against Iconik (“Installed Apps”), including the Installed Apps’ name and installation date. For the avoidance of doubt, We do not collect data within the Installed Apps;
3. the battery and network performance (i.e. battery status and charger use) of Your device and the file names, types and files sizes on Your device, including the amount of free and used local storage space, but not the contents of the files; and
4. the system status, including device event information such as crashes and system activity.

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3. OUR COOKIE POLICY

As You use Our services, We will collect data about You, as mentioned above, in section 2 of this Policy. Some of this data is collected using cookies, beacons and similar technologies (in accordance with Our cookie policy, as mentioned below, in section 3.2).
Our Cookie Policy:
1. The Websites use cookies to distinguish You from other users of the Websites. This helps Us to provide You with a better experience and also allows Us to improve the Websites. By continuing to browse the Websites, You are agreeing to Our use of cookies. A cookie is a small file of letters and numbers that We store on Your browser or the hard drive of Your computer.
2. We use the following cookies:
  1. Strictly necessary cookies: which are required for the operation of the Websites.
  2. Analytical and performance cookies: which allow Us to recognise and count the number of visitors and to see how visitors navigate the Websites. This helps Us to improve the way the Websites work.
  3. Functionality cookies: which are used to recognise You when You return to the Websites. This enables Us to personalise Our content for You and remember Your preferences.
  4. Targeting cookies: which record Your visit to the Websites, the pages You have visited and the links You have followed. We will use this information to make the Websites and the advertising displayed on it more relevant to Your interests. We may also share this information with third-parties for this purpose.
3. Please note that third parties may also use cookies, over which We have no control over. You can choose to block all or some cookies by activating the setting on Your browser. However, if You block all cookies (including essential cookies) You may not be able to access all or parts of the Websites.
You may be required to register with the Site for one or more purposes, in accordance with the service(s) You have requested. You are solely responsible for any and all use of Your account and for keeping Your registration and other personal details confidential.

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4. HOW WE USE YOUR DATA

Iconik may use, combine, and process Your Personal Data for the following purposes (“Purposes”):
1. Providing Services and Features - Your Personal Data will be used to provide, personalise, maintain, and improve our products and services. This includes using Your Personal Data to:
  1. provide You with Services across Our various business verticals;
  2. engage You to provide Services;
  3. create, administer, and update Your account;
  4. verify Your identity;
  5. enable features that personalise Your Apps, such as lists of Your favourite places and previous destinations;
  6. perform internal operations necessary to provide Our Services, including troubleshooting software bugs and operational problems, conducting data analysis, testing and research, monitoring and analysing usage and activity trends;
  7. protect the security or integrity of the Services and any facilities or equipment used to make the Services available;
  8. process and manage Your rewards; and
  9. process, manage or verify Your application of promotions, rewards, and subscriptions with Iconik.
2. Safety and Security - We use Your Personal Data to ensure the safety and security of Our services and all users. This includes:
  1. verifying Your identity when You log in to the Apps and/or the Website;
  2. using device, location, profile, usage, and other Personal Data to prevent, detect and combat fraud or unsafe activities;
  3. monitoring compliance with Our terms and conditions, policies and rules and regulations; and
  4. detecting, preventing, and prosecuting crime.
3. Customer Support - We use Personal Data to resolve customer support issues. For example, we may:
  1. investigate and address concerns;
  2. monitor and improve Our customer support responses;
  3. respond to questions, comments, and feedback; and
  4. inform You about steps taken to resolve customer support issues.
4. Research and Development and Security - We may use the Personal Data We collect for testing, research, analysis, and product development. This allows Us to understand and analyse Your needs and preferences, protect Your Personal Data, improve, and enhance the safety and security of Our services, develop new features, products, and services, and facilitate insurance and finance solutions.
5. Legal Purposes - We may use the Personal Data We collect to investigate and resolve claims or disputes, or as allowed or required by applicable law. We may also use Your Personal Data when We are required, advised, recommended, expected, or requested to do so by Our legal advisors or any local or foreign legal, regulatory, governmental, or other authority. For example, We may Use your Personal Data to:
  1. comply with court orders or other legal, governmental, or regulatory requirements;
  2. enforce Our terms and conditions or other agreements; and
  3. protect Our rights or property in the event of a claim or dispute.

We may also use Your Personal Data in connection with mergers, acquisitions, joint ventures, sale of company assets, consolidation, restructuring, financing, business asset transactions, or acquisition of all or part of Our business by another company.

Marketing and Promotions - We may use Your Personal Data to market Iconik and Iconik’s partners’, sponsors’ and advertisers’ products, services, events, or promotions. For example, We may:

send You alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and
notify, invite, and manage Your participation in Our events or activities.

We may communicate such marketing to You by post, telephone call, short message service, online messaging service, push notification by hand and by email.

IF YOU WISH TO UNSUBSCRIBE TO THE PROCESSING OF YOUR PERSONAL DATA FOR MARKETING AND PROMOTIONS, PLEASE CLICK ON THE UNSUBSCRIBE LINK IN THE RELEVANT EMAIL OR MESSAGE.

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5. DATA SECURITY AND RETENTION

Iconik has implemented administrative, physical, and electronic measures designed to protect Your information from unauthorized access, modification, and unavailability. Iconik will comply with applicable law in the event of any breach of the security, confidentiality, or integrity of Your Personal Data and, where We consider appropriate or where required by applicable law, notify You via email, text or conspicuous posting on the Websites in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Although guaranteed security does not exist either on or off the Internet, We make commercially reasonable efforts to make the collection and security of such information consistent with this Policy and all applicable laws and regulations.
Where Iconik has given You (or where You have chosen) a username, login or password which enables You to access certain parts of the Websites and/or the Apps, You are responsible for keeping this information confidential. Iconik asks You not to share a username, login, or password with anyone, and not to reuse the same password across multiple websites.
Iconik restricts access to Your Personal Data to individuals who need access to it in order to process it on Iconik’s behalf. These individuals, where employees, are bound by confidentiality agreements and Iconik will take appropriate action (which may include disciplinary proceedings) in the event Iconik finds that its employee(s) has failed to meet standards in looking after Your Personal Data. Iconik cannot accept any liability for employees or agents acting outside the normal course of their employment or the terms of their agency agreement, or any third-parties with whom Your Personal Information may be shared who act outside of the terms of Our contracts with them.
We will retain Your Personal Information only for as long as necessary to fulfil the purpose(s) for which it was collected and to comply with applicable laws. In general, this means that We store Your data throughout the existence of Your account with Us or for as long as is otherwise required to deliver Our Services, except where We have a lawful basis for saving it for an extended period of time (for instance, after fully executing a contract, We may still have a legitimate interest in using Your contact details for marketing purposes). We also retain the data We need for the execution of pending tasks and the data We need to investigate and realize Your complaints or queries, or Our legal rights and Our claims, as well as certain data that We must store for a legally mandatory period of time. When certain data is only saved due to a legally mandatory preservation term, the processing of it by Us is limited, even where You do not specifically request this.

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6. DISCLOSURE AND SHARING OF YOUR INFORMATION

We know how important it is to keep Your information confidential. We will not rent, sell or share Your Personal Information with third-parties except as specifically approved by You at the time of disclosure or under the circumstances described in this Policy.
If You do not want Us to use or disclose certain Personal Information collected about You in the ways identified in this Policy, You may choose not to (i) provide Your Personal Information at any time (unless it is mandatory for the Services); (ii) download the Apps; (iii) access the website; (iv) consent to the placement of non-essential cookies.
In addition to using the information collected by Us for the purposes described in Section 4 above, We may also share your information as described below. Please review our sharing policy closely, especially with respect to Your Personal Information.
Service Providers

We also share Personal Information with vendors, payment providers, transportation providers, promotion companies, sponsorship companies, software providers, consultants, market researchers and other third parties who perform services using the Websites or Apps or on behalf of Iconik. As an example, We share Personal Data with companies that provide sms and in-app service notifications, email services, and hosting services. We also share Personal Information with third-parties that provide analysis, monitoring, and reports to assist Us in preventing and detecting fraudulent transactions and other activity. Iconik has selected companies who maintain high standards with respect to privacy and agree to use the Personal Information only to perform specific services on behalf of Iconik.

Compliance with Laws, Law Enforcement and Safety

We may disclose information We have collected about You if required to do so by law or if we, in Our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend Iconik’s, or a third-party’s, rights or property. We may also reserve the right to disclose information we’ve collected about You for purposes of protecting the health and safety of any person. Finally, We may also disclose information in order to enforce or apply Our Terms and Conditions, rules and regulations and other agreements; or to protect the rights, property, or safety of Iconik, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Within Iconik

We may share all or some of Your Personal Information with any of Our parents, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honour this Policy.

Business Transactions

Additionally, in the event We undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of Our assets, including in the unlikely event of bankruptcy, Your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy, and that any entity that acquires Us, is merged with Us or that acquires Our assets may continue to process Your Personal Information as set forth in this Policy.

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7. LOCATION OF YOUR INFORMATION

Your Personal Information may be disclosed to other Iconik entities and third-parties (including service providers) in jurisdictions including, but not limited to: United Kingdom, Island of Guernsey, Cayman Islands, Island of Jersey and United Arab Emirates.
Consequently, the data that Iconik collects from You may be transferred to, and stored in, a country that is not considered to offer an adequate level of protection under Your local laws. It may also be processed by staff operating outside of Your country of residence who work for Iconik or for one of its suppliers, service providers or partner entities. By submitting Your Personal Information, You acknowledge, and, where necessary under local laws, agree to, this transfer, storing or processing.
Iconik may also make disclosures of Your Personal Information to government entities, courts, or regulators in other countries, where these are disclosures anticipated by Section 6. In this context, We may rely on the fact that a disclosure to a court or administrative authority is based on an international agreement, which provides a legal basis for the transfer.
Iconik will take appropriate steps to ensure that Your Personal Information is treated securely and in accordance with applicable Privacy Laws and this Policy. This may include putting in place data transfer agreements or ensuring that Iconik or third parties comply with contractual obligations or other data transfer mechanisms or schemes. If You are located in the EU, You have a right to request to obtain further information about the data transfer mechanisms used to transfer Your Personal Information to third countries.

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8. YOUR RIGHTS

Subject to applicable law, You may have some or all of the following rights in respect of Your Personal Information:
1. Access to own Personal Information: You may also have the right to obtain a copy of the Personal Information held about You, and to be informed of certain details, such as (a) the source of Your Personal Information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom Your Personal Information may be transferred.
2. Accuracy and right of rectification: Iconik seeks to ensure that Your Personal Information is accurate, complete and kept up-to-date to the extent reasonably necessary for the purposes described herein. You also have the ability to update the information we hold about You through Your Iconik account. If the Personal Information is incorrect, incomplete, or not processed in compliance with applicable law or this Policy, You may have the right to have Your Personal Information rectified or deleted in accordance with applicable law.
3. Right to object: In certain circumstances (e.g., where Your Personal Information is processed on the basis of Iconik’s legitimate interests), You may have the right to object to the processing of Your Personal Information on the basis of compelling grounds related to Your particular situation and in accordance with applicable law.
4. Right to prevent direct marketing: You may have the right to request that Iconik does not process Your personal data for marketing purposes. In such a case, You can control Your initial marketing preferences by ticking the relevant box situated within the Apps settings or an ‘unsubscribe’ link within a marketing email. Thereafter, You can follow the opt-out links or unsubscribe directions in emails or SMS messages.
5. Right to withdraw consent: If the processing of Your Personal Information is based on Your consent, You may have the right to withdraw Your consent to such processing at any time. It is worth noting that the withdrawing of consent has no impact on earlier processing on such basis and does not prevent Iconik from invoking another legal basis for the processing of the relevant Personal Information.
6. Right to lodge a complaint: You may have the right to lodge a complaint before the relevant data protection authority or supervisory authority.
To exercise these rights, where applicable, please contact Iconik [here] or use the appropriate functionality in the Apps or the members area in the Websites.
We may ask You for additional information to confirm Your identity and for security purposes before complying with Your request. We reserve the right to charge a fee where permitted by law, for instance if Your request is manifestly unfounded or excessive.
Some rights may be subject to exemptions created by applicable law or may only be exercisable in certain circumstances. We will communicate openly with You to help You to understand whether, and to what extent, a right is exercisable. Subject to legal and other permissible considerations, We will make every reasonable effort to honour Your request promptly or inform You if we require further information in order to fulfil Your request.

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9. CHANGES TO ICONIK’S PRIVACY POLICY

Iconik may change this Policy from time to time. Any changes Iconik may make to this Policy in the future will be posted on this page and, where Iconik deems appropriate, notified to You (usually within the Apps or by email). You are therefore invited to check it each time You send Iconik Personal Information. The date of the most recent revisions will appear on this page.

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10. CONTACT

Questions, comments, and requests regarding this Policy are welcomed and should be addressed [here].

OUR PRIVACY POLICY LAST UPDATE: June 2021

OUR PRIVACY POLICY
LAST UPDATE: June 2021