Data Protection Notice (EU Relevance)

We – Virtual Incentives – provide you with this Data Protection Notice to inform you, our website visitors and ViNOW portal users, about how and when we process your personal data. This notice covers the processing of your personal data as part of your visit to our website (https://www.virtualincentives.com/), your registration for and the use of our ViNOW portal (https://now.virtualincentives.com/login/), and your communication with us via e-mail, telephone, or social media.

From time to time, we may have to modify, change or amend this Data Protection Notice, but you will always find the most recent version of this Notice on our website.

We are a personal data Controller with respect to information related to our business partners and clients.

We are a Processor with respect to Card Recipient personal data.

1. TYPES OF PERSONAL DATA WE PROCESS
1.1. Whenever you use our website we collect:
• Technical information associated with the device you use, such as the device type and model, system language, browser type, geographical location and operating system;

• Technical identifiers that identify the device you use, such as IP address, IDFA (identifier for advertisers) and other unique identifiers;

1.2. When you contact us via e-mail, telephone, or any other way, we collect the information you provide us with. In most cases this is:

• Your contact information, such as your name, e-mail address, phone number, and postal address;
• The content of your communication and the technical details of the communication itself, such as with whom you correspond at our end, and the date and time;
• Publicly available information about you;
• Any other personal data you choose to provide to us.
1.3. When our clients and business partners use our ViNOW portal, we collect:
• The information we require to allow you access to our portal
• Other personal data you provide us with.

1.4. All of the personal data listed above, we receive directly from you or from our clients in order to fulfil our contracts.

2. PURPOSES FOR PROCESSING
2.1. As a processor, we process your personal data on behalf of our customers in order to provide you with our cardholder services, including Card order fulfilment and customer support.
2.2. As a controller, we process personal data in order to provide the services requested from our clients and business patrtner in a personalised and efficient way.
2.3. We process your personal data to comply with our legal obligations or to comply with any reasonable request from competent law enforcement agents or representatives, judicial authorities, governmental agencies or bodies, including competent data protection authorities. In the same way, we may transfer your personal data upon our own initiative to the police or the judicial authorities as evidence or if there are justified suspicions of an unlawful act or crime committed by you through your registration with or use of our website, our portal or other interaction with us.
2.4. We might be required to collect and transfer your personal data to our financial institution or payment service provider to comply with their legal obligations, such as obligations under applicable anti-money laundering and counter-terrorism financing legislation.
2.5. We may process your personal data for informing any third party in the context of a possible merger with, acquisition from/by or demerger by that third party.
2.6. We may process your personal data for the preservation of our legitimate interests or the legitimate interests of our partners or of a third party if and when your registration with or use of our website or ViNOW portal can be considered (a) a violation of any applicable terms of use or intellectual property rights or any other right of a third party, (b) a threat to the security or integrity of our website or ViNOW portal, (c) a danger to our website or ViNOW portal or any of our, or our subcontractors’ underlying systems due to viruses, Trojan horses, spyware, malware or any other form of malicious code, or (d) in any way hateful, obscene, discriminating, racist, slanderous, spiteful, hurtful or in some other way inappropriate or illegal.
2.7. To detect, prevent, and deal with fraud or other illegal activities.
2.8. To protect our rights and assets or those of third parties, including ensuring network and information security.
3. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
3.1. When we process your personal data as a processor, the relevant legal basis for that processing will be determined by the controller. Please consult the controller’s data protection notice or policy for further information about the legal grounds for data processing.
3.2. When we process your personal data as a controller,
3.2.1. For the purposes outlined in Section 2.3 & 2.4. above, the data processing is necessary to allow us to comply with our legal obligations.
3.2.2. For the purposes outlined in Sections 2.2. to 2.7 above, the data processing is necessary so that we can pursue our legitimate interests or those of third parties. When we process your personal data for these purposes, we have carefully assessed our company’s or the third party’s legitimate interests against your data protection rights. You can obtain further information about this assessment by contacting us at Privacy@VirtualIncentives.com.
4. THIRD PARTIES
4.1. You understand that if you use our website or portal, your personal data is also processed by third parties that process your data on our behalf in order to provide you our tools and services and to improve them. For example, we rely on third parties for certain activities, such as payments, storage of data, and website analytics. Moreover, we rely on third parties to follow certain of your actions on our website or portal in order to better understand how Virtual Incentives is used.
4.2. Our third-party processors are only allowed to process your personal data on behalf of Virtual Incentives upon our written instruction. We warrant that all of our third-party processors are selected with due care and are contractually obliged to observe the safety and integrity of your personal data.
4.3. Where we process your personal data on behalf of our customers, we share your personal data with Banks, Google Analytics, Data Host.
5. LOCATION AND TRANSFER
5.1. Virtual Incentives is a company based in the United States. We process your personal data in the United States. Where we receive your personal data in the context of our services provided to our customers, the transfer of your personal data outside the EEA is based on standard contractual clauses adopted by the European Commission.
5.2. Recipients of your personal data outside the EEA include the recipients described in clause 5. The transfer is limited to the purposes set out in clause 3.
6. QUALITY ASSURANCES
6.1. Virtual Incentives does its utmost to process only those personal data which are necessary to achieve the purposes listed under clause 3.
6.2. Your personal data are only processed for as long as needed to achieve the purposes listed under clause 3 of this Data Protection Notice or up until such time where you withdraw your consent for processing them. Note that withdrawal of consent may imply that you can no longer use the whole or part of the website or portal or the products or services. Virtual Incentives will de-identify your personal data when they are no longer necessary for the purposes outlined in clause 3, unless there is:
• An overriding interest of Virtual Incentives or any other third party in keeping your personal data identifiable;
• A legal or regulatory obligation or a judicial or administrative order that prevents Virtual Incentives from de-identifying them.
6.3. We make our best effort to ensure that any personal data we collect is safely kept. Virtual Incentives takes the appropriate technical and organisational measures to keep your personal data safe from unauthorised access or theft as well as accidental loss, tampering or destruction. Access by personnel of Virtual Incentives or our third-party processors will only be on a need-to-know basis and subject to strict confidentiality obligations. You understand, however, that safety and security are best efforts obligations only which can never be guaranteed.
7. YOUR RIGHTS
7.1. In most cases we will not be the controller of the processing activity. Where we process your personal data on behalf of our customers, we kindly refer you to the data protection notices of our customers for more information about your rights and how to exercise them.
7.2. Where we are the controller of your personal data, the following applies:
a. You have the right to request access to all personal data processed by us pertaining to you. We reserve the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for causing nuisance or harm to us.
b. You have the right to ask that any personal data pertaining to you that are inaccurate, are corrected free of charge.
c. If you have consented to the processing of your personal data, you have the right to withdraw that consent at any time.
d. You have the right to request that your personal data be deleted if they are no longer required in light of the purposes outlined in clause 3 or if you withdraw your consent. This request will be evaluated by Virtual Incentives against:
• Overriding interests of the Virtual Incentives or any other third party;
• Legal or regulatory obligations or administrative or judicial orders which may contradict such deletion.

e. Instead of deletion you can also ask that Virtual Incentives limits the processing of your personal data if and when (a) you contest the accuracy of that data, (b) the processing is illegitimate or (c) the data are no longer needed for the purposes listed under clause 3 but you need them to defend yourself in judicial proceedings.
f. You have the right to object to the processing on grounds relating to your particular situation. However, you can always object to processing for direct marketing purposes free of charge and without justification.
g. When we process your personal data based on your consent or in order to perform a contract, you have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller.
h. You have the right not to be subject to a decision solely based on automated processing, which produces legal effects concerning you or when this decision similarly significantly affects you, unless these decisions are made as a consequence of our agreement in order to provide you with the services requested by you or when we asked your explicit consent for this.
i. If you wish to submit a request to exercise one or more of the rights listed above, you can send an e-mail to Privacy@VirtualIncentives.com. This e-mail in which you request to exercise a data subject right shall not be construed as consent with the processing of your personal data beyond what is required for handling your request. Such request should clearly state which right you wish to exercise and, if required, the reasons or proof for it. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity.
We will promptly inform you of having received this request. If the request proves valid, we will honour it as soon as reasonably possible and at the latest one month after we received your request.

If you are unhappy with any aspect of our handling of your personal data you, you may always contact us at Privacy@VirtualIncentives.com. If you remain unsatisfied with our response, you are free to file a complaint with the competent supervisory authority.

8. COOKIES
8.1. When you visit our website or our ViNOW portal, it may store or retrieve information on your device, mostly in the form of cookies. A cookie is a small file of letters and numbers that is stored on your browser or the hard drive of your computer. These cookies are necessary for the website or ViNOW portal to function and cannot be switched off. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but in that case some parts of the website or the ViNOW portal may not function properly. These cookies do not store or involve the processing of your personal data.