This Privacy Statement (the “Statement”) applies to the website www.Paynovate.com (the “Website”), owned, operatedand/or used by:
Cantersteen, 47
1000Brussels BELGIUM
BusinessNumber: BE 0506.763.929 Hereinafter “Paynovate”, “we” or “us”
Paynovate 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 keepyou informed.
All capitalized terms not defined in this Statement shall have the meaning given to them in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April2016 on the protectionof 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 ProtectionRegulation” or “GDPR”).
Your Personal Data and your privacy are protected by Paynovate 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 Paynovate collects and Processes your Personal Data as described in thisStatement.
Paynovate is responsible for the Processing of your PersonalData that you provide through the Website.
Paynovate has appointed a privacy officer, whom you can always contact for questions about your privacy and the Processing of your PersonalData. The privacy officer can be reached at:
PAYNOVATE
Cantersteen, 47
1000 Brussels BELGIUM
Privacy officer
Email: privacy@paynovate.com
Paynovate may collect, store and use the following kinds of personal information about individuals who visit and use our website.
Mostly data retention periods are agreed upon with the Data Controller. Depending on the service versions that are used and it might vary:
1 day
30 days
60 days
5 years
8 years
10years
the person’s name;
surname;
gender;
identity document number;
personal code (if it is issued);
identity number (i.e. national identification number) (if it is issued);
birth date;
identity document expiry date;
identity document issued date((if it is issued);
identity document photograph(s);
face photograph(s);
citizenship/nationality;
client id;
identification date and method.
IP address.
device fingerprint(“user-agent”).
The processed information is needed to (1) deliver the content of our application correctly, (2) optimize the content of our application as well as its advertisement, (3) ensure the long-term viability of our information technology systems and app technology, and(4) provide the law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack, (5) provide products and services for our clients and fulfill the agreement conditions between the Parties
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of the personal data.
We may collect and process face data, such as photographs , in order to provide you with certain services or improve our offerings. Face data may be collected through our mobile application or website, or through other means such as social media or publicly available sources.
We use face data for the following purposes:
- To provide facial recognition or verification services: We may use face data to authenticate your identity or to verify that you are authorized to access certain features or services and that you’re not mentioned in any AML sanctions list.
- To personalize your experience: We may use face data to personalize your experience on our platform, such as by suggesting products or services that may be of interest to you based on your facial characteristics.
- To improve our services: We may use face data to improve our offerings, such as by analyzing user behavior or identifying trends or patterns.
We take the privacy and security of your face data seriously. We will only collect, process, and store face data in accordance with applicable laws and regulations, and will take appropriate measures to protect it from unauthorized access, use, or disclosure.
We may share your face data with third parties in the following circumstances:
- With your consent: We may share your face data with third parties if you have given us your consent to do so.
- For legal or regulatory reasons: We may share your face data with third parties if required to do so by law, or if we believe that such disclosure is necessary to comply with applicable laws or regulations, or to protect the rights, property, or safety of ourselves or others.
- With service providers: We may share your face data with third-party service providers who assist us in providing our services or improving our offerings.
We may also use third-party analytics and tracking tools to collect and analyze data related to your use of our platform, including your face data. This information may be used to improve our services or to personalize your experience on our platform.
You may provide us with information about yourself by, e.g., filling out call booking form on our website, by subscribing to our newsletter, or using MyPaynovate.
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.
With regard to each of your visits to our website, Paynovate’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.
For more information, reference is made to Paynovate’s Cookie 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's Personal Data.
The purpose and principles of the Processing of your PersonalData mainly dependson the category of PersonalData concerned. Below you will find an overview of the purposesand principles of the variousPersonal Data that we Processat Paynovate.
4.1.1 Contact information
Contact information is collected when you:
· send Paynovate an email;
· complete a voluntary satisfaction survey;
· complete a book a call form;
· complete the contact us form;
· update a user profile on MyPaynovate;
· enter your email address to subscribe for the Paynovate newsletter and to receive direct marketing messages.
Paynovate 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
When you apply for a job at Paynovate, you are directedto the Breezy HR websiteapplication. Applicationrelated information is directly collected by Breezy HR and afterwards sharedwith Paynovate. Paynovate processesthe application related information with a view to possible recruitment.
· Legitimate interest
This information is collected anonymously and is not linked to information that identifies you as an individual
· tailor its website to better suit youruse and to improve itswebsite in thefuture;
· administer our site including troubleshooting and statistical purposes.
· Legitimate interest
For more information, reference is made to our Cookie Policy
Legitimate interestas a legal basis for the lawfulness of Processing is justified with regard to the PersonalData to improve your user experience, the Website and Paynovate’s productand services. The fact that Paynovate Processes this Personal Data also benefitsyou as a visitor of theWebsite. Moreover, such Processing of Personal Data shall not create a risk tothe fundamental rights and freedomsof you as a visitor of the Website, or any other visitors of the Website.
The Processing of certain ofthe above-mentioned Personal Data by Paynovate and other information you might disclose, is necessary for the performance of the agreement. In the eventyou refuse to provide these Personal Data, Paynovate will not be able to complywith certain of its obligations (e.g. responding to your questions, processing you call booking, etc).
The consent you provide is always free,and you have the rightto withdraw this consent at any time. Withdrawal of consent does notaffect the Processing of Personal Data (i) prior to 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 Paynovate may at any time Process your Personal Data for any other legitimate reason. In such cases, Paynovate will notify you as soonas possible of the reason.Updates of this Statement may constitute such a notification.
Paynovate receives your Personal Data in cases as and when:
· You visit the Website;
· You contactus via email;
· You contactus via telephone;
· You contactus via our website;
· You completea voluntary customersatisfaction form;
· You completea voluntary customertestimonial form;
· You completea voluntary call request form;
· Via a Subsidiary of the Loyaltek Group, such as Giftify,LoyalPay, and Fintronik;
· Via cookies;
· Via newsletter subscription.
Paynovate will only share your PersonalData in a minimal manner.
However, in order to follow up on your request or action on the Website,Paynovate may sometimes need to share Personal Data with third parties or its subsidiaries.
You therefore give your expressconsent to share your PersonalData as describedin this Statement.
Paynovate's Data Processors and Subcontractors alwaysact under Paynovate's responsibility.
If Paynovate contracts with Processorsor Subcontractors, this will always be done inaccordance with a Data Processing Agreement that meets the requirements of the GDPR and protects your PersonalData as wellas possible.
Paynovate may share your Personal Data with third parties, for the storageand Processing of yourPersonal Data, to respond to your requests, to send you content, and tooptimise our Website.
Paynovate does not rent, sell, or share your personal data with otherpersons or non-affiliated companies.
Paynovate will use all reasonable effortsto ensure that your personaldata is not disclosed to regional/national institutions and authorities, unlessrequired by law or other regulations.
When visiting the Website, if you are redirected toanother application, platform or website, other terms and conditions and privacy and cookie policiesmay apply. You should considerand read the terms and conditions, as well as the privacyand cookie policiesof those applications, platforms, and websites. Paynovate may receiveyour Personal Data from these third parties.
In principle, Paynovate does not transferyour Personal Data to countries outside the EEA. It is, however,possible that Paynovate- through its Processors or Subprocessors - doestransfer your Personal Data to countriesoutside the EEA. Should a less strict protection for Personal Data apply in a specific country thanwithin the EEA, Paynovate will then ensure that the same level of protection is achieved (e.g. by concluding an agreement with the Processorlocated in a country outsidethe EEA).
Paynovate will only use yourPersonal Data for direct marketing purposes after receiving consent. You may at any time withdraw thisconsent and object to the Processing of yourPersonal Data for direct marketing purposes, including profiling, to theextent that it is related to suchdirect marketing (free of charge). It is also possible that your Personal Datawill be subject to profiling forfurther marketing purposes. This enables Paynovate to keep you informed about its products, updates, events, etc. Inaccepting the Privacy Policy, you have given your explicit consent for thislegitimate interest use of yourData.
You shall have the right at any time to object to the Processing of your Personal Datafor direct marketing purposes, including profiling to the extentthat it is related to such directmarketing, free of charge,by sending an email to privacy@paynovate.com.
Paynovate applies the following retentionperiods for your Personal Data:
8.1.1 Contact information
Maximum one (1) year after submission of your Personal Data.
In accepting secondaryopt-ins delineated in the Privacy Policy, you consent to having your PersonalData collected for direct marketingpurposes, and that this data will be retained as long as the consent is validand has not been withdrawn.
Maximum one (1) year after receipt of the application related information.
8.2.1 Technical information
Maximum two (2) years after visiting our Website.
Maximum two (2) years after visiting our Website.
For more information, reference is made to our Cookie Policy
Paynovate retains your Personal Data inits own databases and/or in the databases of its subsidiaries. You may ask Paynovateto provide a copy of the list of these subsidiaries at any time.
Paynovate has developed appropriate technical and organizational measures, safeguards and assurances to Process your Personal Data in accordance with applicable Belgianand European regulations, in particular to protectyour Personal Data against loss, misuse, or unauthorized alteration.
Paynovate makes all reasonable and appropriateefforts to protect the confidentiality of yourPersonal Data.
Despite the technicaland organisational measurestaken by Paynovate, you should be aware that there are always risks associatedwith sending Personal Data over the Internet. The security and protection of your PersonalData can neverbe fully guaranteed.
If and in as far as provided for in the applicable Belgianand European regulations, you have the right:
· to receiveconfirmation as to whether PaynovateProcesses your PersonalData and,
where this is the case,to access the Personal Data that PaynovateProcesses;
· to corrections by Paynovate, withoutundue delay, of any inaccurate or incomplete Personal Data;
· to have your PersonalData deleted by Paynovate;
· to obtainyour Personal Data and to transfer them to anotherController or Processor;
· to obtaina limitation of the Processing of your PersonalData from Paynovate, to the extentpossible subject to applicable Belgianand European regulations;
· to receiveyour Personal Data in a structured, common and machine-readable format;
· to preventthe Processing of your PersonalData and the use of your PersonalData for direct marketing purposes.
You may exercisethese rights by contacting the privacy officerand providing him or her with a copy of your identitycard (e.g. no identification number may be visible).
If and to the extent provided for in theapplicable 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 applicableregulations. In Belgium where Paynovate is incorporated, this is the Data Protection Authority
(“Gegevensbeschermingsautoriteit”) https://www.dataprotectionauthority.be.
Paynovate may amend this Statement at any time.Any amendments Paynovate may make to its Privacy Policy in the future will beposted on this page and, where appropriate, you may be notified by e-mail.
Amended versions of this Statement takeeffect ten (10) days after their publication on the Website. Where requiredthey will alwaysbe submitted for approval.
You acknowledge, confirm,and expressly consentthat we may disclose your Personal Data if this is requiredby law, or if Paynovate determines in good faith that such disclosure is required in order:
· to complywith any pendingjudicial inquiry, judicialorder or litigation pertaining to the
Website;
· to compel observance of the generalterms and conditions of Paynovate;
· to respondto claims againstPaynovate regarding PersonalData that violateany rights of thirdparties;
· to safeguard the rights, propertyand safety of Paynovate, its employees, users, and the generalpublic.
Paynovate may disclose your Personal Data tocompetent police or judicial authorities or other official government authorities if Paynovate deems this usefulor necessary, in its sole discretion, for theinvestigation of fraud,intellectual property infringement or any other harmful activity,or if Paynovate reasonably suspectsthat such activitymay expose Paynovate or you to any liability.
If Paynovate has legitimately transmitted your Personal Data to a third party (not being one of its aforementioned legitimate Third-PartyPartners, Processors, or Subsidiaries), Paynovate shall not be liable for any unlawful Processing or unlawful use by that third party.
Under no circumstances does Paynovate acceptresponsibility for any direct or indirect damageresulting from faultyor unlawful use of the Personal Data by a third party (not being a Processor or Subsidiary).
Paynovate is also not liable when third partiesProcess or use your PersonalData illegitimately and Paynovate has taken the appropriate technicaland organizational measuresto go against suchillegitimate Processing or use.
Paynovate is in any case only liablefor the damagecaused by Processing of Personal Dataif it did not comply with its specific obligations of GDPR. Paynovate shall in no event be liable for any special,incidental, indirect or consequential lossesor damages.
ThisStatement shall be governed, interpreted, and implemented in accordance with Belgian law, whichapplies exclusively in the eventof any dispute.
The Courts of Brussels are exclusively competent to decide on any disputethat may arise from the interpretation or implementation ofthis Statement, without prejudice to the consumer’s right to present a dispute before the competent court on thebasis of a mandatory statutory provision.
