Privacy Policy

Loyalty Wallet (We) are committed to protecting and respecting your privacy at all times. SCOPE OF POLICY This policy (together with our Terms of Use as set out at LoyaltyWallet.co.uk and any additional documents referred to within our Terms of Use) sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it. For the purpose of the Data Protection Act 1998, the data controller is Loyalty Wallet Limited, [parent company of Loyalty Wallet] of 14 Elthorne road London NW9 8BJ. INFORMATION WE COLLECT AND HOW WE USE IT We may collect and process the following data about you: Submitted Information: Information that you provide by filling in forms on LoyaltyWallet.co.uk and/or through any mobile application (together Our Sites), including the Device's telephone number. This includes information provided at the time of registering to use the App or any of the Services, subscribing to any of the Services, posting material or requesting further services. We may also ask you for information either when you enter a competition or promotion sponsored by Loyalty Wallet, and and/or when you report a problem with any of Our Sites. Additional information: • if you contact us, We may keep a record of that correspondence; o Loyalty Wallet may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them; o details of transactions you carry out through any of Our Sites and of the fulfilment of your orders; o details of your visits to any of Our Sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. Device information: • We may collect information about the Device or any computer you may use to download or stream a copy of the App onto your Device, including, where available, the Device's or computer's unique Device identifiers, operating system, browser type and mobile network information as well as the Device's telephone number, for system administration and to report aggregate information to our advertisers. We may associate Device information with Submitted Information and will treat the combined information as personal data in accordance with this policy for as long as it is combined. Location information: When you use one of our location-enabled Services, We may collect and process information about your actual location. Some of these Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by deleting your account. Log information: • When you use the Services or view content on Our Sites, We may automatically collect and store certain information in server logs, including but not limited to internet protocol (IP) addresses, internet service provider (ISP), clickstream data, browser type and language, viewed and exit pages and date or time stamps. Unique application numbers: • When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us. COOKIES Our Site LoyaltyWallet.co.uk use cookies to distinguish you from other users of Our Sites. This helps us to provide you with a good experience when you use the App or browse Our Sites and also allows us to improve the App and Our Sites. For detailed information on the cookies We use and the purposes for which We use them, see our cookie policy at LoyaltyWallet.co.uk. WHERE WE STORE YOUR PERSONAL DATA The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. Loyalty Wallet will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer (SSL) technology. Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access. USES MADE OF THE INFORMATION We use information held about you in the following ways: • Submitted Information: To ensure we can deliver an effective and personalised service to you. • Location information: To allow you to experience the full features of our service when you decide to do so. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services that may be of interest to you. We or they may contact you about these by post or telephone. If you are an existing customer, We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those that were the subject of a previous sale to you. If you are a new customer, and where We permit selected third parties to use your data, We (or they) will contact you by electronic means only if you have consented to this. DISCLOSURE OF YOUR INFORMATION We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006. We may disclose your personal information to third parties: • In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets. • If Loyalty Wallet or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. • If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request. • protect the rights, property or safety of Loyalty Wallet, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. YOUR RIGHTS You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms We use to collect your data. You can also exercise the right at any time by contacting us at info@LoyaltyWallet.co.uk. Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services. ACCESS TO INFORMATION The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you. CHANGES TO OUR PRIVACY POLICY Any changes We may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by SMS OR e-mail OR notifying you of a change when you next start the App or log onto one of the Services Sites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services. CONTACT Any questions regarding this privacy policy should be addressed to info@LoyaltyWallet.co.uk.

Terms and Conditions

The Loyalty Wallet App, Website and product is operated by Loyalty Wallet Ltd (“us”, “Loyalty Wallet”, “our”, “we”), a company registered in England and Wales with registered office at 14 Elthorne road London NW9 8BJ. Loyalty Wallet offers an application which allows vendors to provide loyalty programs and rewards directly to consumers through a smartphone application (“Services”), and provides vendors with programs and applications to track consumers’ use thereof (the “Applications”). These Terms and Conditions (“Terms”) govern your access and use of the Services and the Applications. “Vendor” means any vendor entity and its agents that makes use of the Application or provides Services to its customers. Website shall refer to Loyaltywallet.co.uk. Please read these Terms carefully. These Terms govern your use of the Applications and your provision of the Services to your customers. As a Vendor you must accept these Terms prior to signing up your business on Loyalty Wallet, using our website, a third party web site which is affiliated with us, or using Loyalty Wallet application for businesses or providing any Services to its customers. By accepting or in any other way downloading the Applications or making any Services available to your customers, you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not accept these Terms, do not use and do not download the Applications or make any Services available to your customers. We will make reasonable commercial efforts to notify you of any updates to these Terms. Notwithstanding the foregoing, your continued use of the Applications or provision of the Services to your customers will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. The most current version of the Terms is available here. If you do not agree to any of these Terms, please do not use the Applications or make the Services available. 1. Definitions. In these Terms, the following terms when capitalized have the meanings set forth in this Section. a.“Customer” means an end user that has been granted a license by Loyalty Wallet to use the Services, and who has accepted the Loyalty Wallet Terms and Conditions. b.“Loyalty Wallet User Terms and Conditions” means Loyalty Wallet's standard end user license agreement, which may be amended by Loyalty Wallet in its sole discretion, a current version of which is available here. c.“Promotional Content” means any advertising, promotional or marketing content provided by Vendor for provision to any Customer (including, without limitation, any loyalty programs or rewards) and including any logos, trade names, trademarks or other content of Vendor included in such content. 2. License. Subject to the terms and conditions hereof, during the period these Terms are in effect Loyalty Wallet hereby grants Vendor a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license solely to use the Applications and to provide the Services to its Customers. 3. Restrictions. Vendor shall maintain all copyright and other proprietary notices contained in the Applications and in the Services. Except as set forth expressly herein, Vendor shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application or the Services; (b) modify the Application or Services, or insert any code or product, or in any other way manipulate the Application or Services; or (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Applications or Services except as expressly permitted by these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, Vendor shall inform Loyalty Wallet in writing in each instance prior to engaging in the activities set forth above. Loyalty Wallet reserves the right to make modifications to the Applications and the Services at any time without prior notice. 4. Promotional Content. Vendor may provide Promotional Content to Customers through the Services as permitted by Loyalty Wallet. Vendor shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Promotional Content. Vendor represents and warrants that no Promotional Content infringes the intellectual property rights or moral rights or any third party. Loyalty Wallet reserves the right, at its sole discretion, to remove any Promotional Content that violates these Terms at any time, without prior notice, or require Vendor to do so. Vendor shall remain solely liable for any loyalty programs or rewards offered to Customers, and shall fully indemnify Loyalty Wallet for its failure to satisfy any of its obligations pursuant to such plans or rewards. Loyalty Wallet does not claim ownership of Promotional Content. However, Vendor grants Loyalty Wallet a non-exclusive, royalty-free, worldwide license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce Promotional Content for the purposes of these Terms, including the right to exercise this license through independent contractors. 5. Intellectual Property. a. Loyalty Wallet Property. Title to and ownership of and all proprietary rights in or related to (a) the Application, Services and related documentation and all enhancements, derivatives, bug fixes or improvements to the foregoing; (b) all trade names, trademarks, and logos of Loyalty Wallet; and (c) all data collected by Loyalty Wallet's server side software with regard to the foregoing (collectively, “Loyalty Wallet Property”) shall at all times remain solely with Loyalty Wallet or its licensors. b. Vendor Property. Subject to Section ‎6(a), title to and ownership of and all proprietary rights in or related to Promotional Content and all the trade names, trademarks, and logos of Vendor shall at all times remain with Vendor and its licensors (collectively, “Vendor Property”). c. No Sale. Any references in these Terms to sale, resale or purchase of the Loyalty Wallet Property or Vendor Property and related documentation or references of like effect, will be deemed to mean the license thereof pursuant to the terms and conditions of these Terms. 6. Customer Data. Loyalty Wallet will provide Vendor with certain specified data regarding Customers, including the name of the Customer and certain mutually agreed data regarding the Customer’s activities at Vendor’s business location (“Customer Data”). Vendor agrees that it shall at all times comply with Loyalty Wallet's privacy policy and all applicable law, rules and regulations with respect to all Customer Data and all uses thereof. Vendor shall fully indemnify Loyalty Wallet (and its officers, directors, employees and consultants) for all breaches of its obligations under this provision. Customer Data may include: customer's name, number of visits, visits details, offers usage, Facebook profile link (if provided by the customer). 7. Support. Customers may contact Loyalty Wallet with regard to the support for the Application using website support or email at info@loyaltywallet.co.uk or using other forms of communication as described on our website. 8. Confidentiality. Vendor acknowledges that Loyalty Wallet may disclose to Vendor certain confidential information belonging to and relating to Loyalty Wallet, the Application or the Services. Vendor may disclose to Loyalty Wallet certain information regarding its business and operations. Either party (the “Receiving Party”) receiving information from the other party (the “Disclosing Party”) which the Disclosing Party has marked or identified as confidential or proprietary, or which should clearly be considered confidential proprietary (collectively, “Confidential Information”), agrees to keep such Confidential Information confidential during and after the Term and not disclose or use except in performance of the Receiving Party’s obligations hereunder. Confidential Information shall not include information (i) already lawfully known to or independently developed by the Receiving Party without access to or use of the Confidential Information of the Disclosing Party, (ii) received by the Receiving Party from any third party without restrictions, (iii) publicly and generally available, free of confidentiality restrictions; or (iv) required to be disclosed by law, provided that the Receiving Party provides prompt notice of such requirement. The Receiving Party shall restrict disclosure of Confidential Information to those of the Receiving Party’s employees and officers with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Vendor will not disclose any information regarding the results of any testing or evaluation of the Application or Services to any third party without Loyalty Wallet's prior written consent. 9. Warranties;Indemnification; Disclaimer. a. Vendor Warranties. Vendor represents and warrants that the Promotional Content: (a) does not contain material that is obscene, defamatory, libelous, racially or ethnically insensitive, harassing, threatening or otherwise offensive; (b) does not contain pornography or material that may be harmful to a minor; (c) does not contain material that violates or infringes the intellectual property, moral or contractual rights of any third party; (d) does not contain any virus, worm, Trojan horse, or other harmful or disruptive component; and (e) complies with all applicable law, regulations and rules, including all applicable law regarding advertising, marketing and promotional content and services. b. Vendor Indemnification. Vendor shall defend, indemnify and hold harmless Loyalty Wallet from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable solicitors’ legal fees) which Loyalty Wallet may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to (i) a claim that the Promotional Content infringes or violates any third party intellectual property rights, provided however, that Vendor shall have no obligation to indemnify Loyalty Wallet where such claim of infringement relates solely to the Loyalty Wallet Property incorporated in the foregoing; (ii) use of any Customer Data not in compliance with Loyalty Wallet then-current privacy policy or in violation of applicable law, rule or regulation; or (iii) any other breach of these Terms. c. Disclaimer. The application, services and related documentation are provided “as-is”. Loyalty Wallet expressly disclaims any warranties (including with regard to the performance of the application or services and without limitation, express or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Any reliance on the application or the services is at vendor’s own risk, and Loyalty Wallet does not and shall not accept any liability for the application or the services, including without limitation any mistakes or inaccuracies in loyalty programs or rewards created or made available through the application or services. 10. Limitation of liability. In no event shall Loyalty Wallet , its directors, officers, employees, agents or shareholders, be liable to vendor, any customer or any other third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the application or services. In any case, Loyalty Wallet's entire liability under any provision of these terms shall not exceed in the aggregate the amount received from vendor hereunder, with the exception of death or personal injury caused by the gross negligence of Loyalty Wallet to the extent applicable law prohibits the limitation of damages in such cases. 11. Term, Termination and Severability. The term of this agreement (“Term”) shall commence on the date Vendor accepts these Terms and shall continue for a period of 2 months, and shall thereafter automatically renew for subsequent terms of 1 month, unless otherwise terminated in accordance with these Terms. a. Termination. Either party may terminate this agreement with advance notice of 30 days, provided, however, that Loyalty Wallet may terminate these Terms and all rights granted hereunder without notice if Vendor shall use or market the Application or Services in violation of any applicable law, rule or regulation. b. Effect of Termination. Upon expiration or termination of these Terms for any reason, (a) Vendor shall immediately cease the use of the rights licensed hereunder, and shall immediately cease all provision of the Services to its customers; (b) each party shall make payment to the other of all amounts due hereunder as of the date of termination; and (c) Vendor shall cease the use of all Loyalty Wallet Property and shall promptly return to Loyalty Wallet all copies of Loyalty Wallet Confidential Information or destroy same, at Loyalty Wallet's discretion. c. Survival. Sections ‎3 (Restrictions), ‎5 (Intellectual Property), ‎6 (Customer Data), ‎8 (Confidentiality), 9 (Warranties; Indemnification; Disclaimer), ‎10 (Limitation of Liability) any accrued and unpaid payments, and this Section ‎11 shall survive the termination or expiration of these Terms for any reason. 12. Vendor agreement By accepting the terms, you agree to the following: a. To run your loyalty program in a fair and non-abusive manner. b. To keep the provided any device, equipment and software provided by Loyalty Wallet safe and secure. You understand that while Loyalty Wallet grants you access to its platform, the responsibility for managing your loyalty program lies with you. 13. Miscellaneous. Loyalty Wallet and Vendor are and intend to remain independent parties. Nothing contained in these Terms shall be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party shall hold itself out as an agent, legal representative, partner, subsidiary, joint venturer, servant or employee of the other. Neither party nor any officer or employee thereof shall, in any event, have any right collectively or individually, to bind the other party, to make any representations or warranties, to accept service of process, to receive notice or to perform any act or thing on behalf of the other party, except as authorized in writing by such other party in its sole discretion. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. These Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Loyalty Wallet may assign its rights or obligations pursuant to these Terms. Vendor agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the United Kingdom and the Courts in England and Wales shall have exclusive jurisdiction to hear any disputes arising hereunder. 14. Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Loyalty Wallet reserves the right to change its prices at any time. You authorize Loyalty Wallet directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services. Please note that according to internal agreements, Loyalty Wallet is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services. All fees are exclusive of all taxes or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Loyalty Wallet. All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Loyalty Wallet does not receive a request by the user, through email or phone for Charged Services termination you acknowledge and understand that Loyalty Wallet will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Loyalty Wallet expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic renewal option. The automatic renewal option automatically renews the applicable service for a renewal period equal in time to the original service period. Unless you cancel your subscription Loyalty Wallet will automatically renew the applicable service when it comes up for renewal, and will take payment from the payment method you have on file with Loyalty Wallet then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. You may cancel your subscription from such services prior to the automatic renewal at any time. In such event the services shall be discontinued upon the expiration of the respective period you have paid for and you shall not have any claims towards Loyalty Wallet in relation to the discontinuation of the services.