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Website usage - terms & conditions

My Freedelity: GENERAL TERMS AND CONDITIONS

The purpose of these general terms and conditions (hereinafter ‘Ts&Cs’) is to determine the parties’ rights and obligations relating to the use of the Portal and ‘MyFreedelity’ mobile application (hereinafter jointly referred to as the ‘Application’) published by the company Freedelity S.A. (hereinafter referred to as ‘Freedelity’), rue du Bosquet 8, 1400 Nivelles, registered under the number BCE0818.399.886

By installing the Application on your device and/or accessing the Application, as a visitor and/or user, you acknowledge and accept all the Ts&Cs defined below, without conditions or reservations. If you do not want to accept them, or if you have any questions, please do not access the Application, and contact us instead.

Any visit to and/or use of the Application must comply with this contract.

Article 1. DEFINITIONS
  1. ‘Application’ refers to both the www.MyFreedelity.com portal (website) and the ‘MyFreedelity’ software application (mobile application) published and provided by Freedelity, which give access to the Services. The Application also includes the Content, software, programs, tools (programming, navigation, etc.), operating systems, databases, documentation and all the other components and services it comprises, updates and new versions that may be added to the Application by Freedelity.
  2. ‘Freedelity Login’ refers to the account with a username and password that enable the User to log in online. It enables the Profile to be identified.
  3. ‘Profile’ refers to the space created by Freedelity and reserved for a User who accesses it via the login methods provided by Freedelity. This Profile is exclusive and personal to the User and enables them to view the benefits obtained with Clients and to access their personal data that has been collected by Freedelity when registering with Clients and modify it.
  4. ‘Content’ refers to the Application’s structure, editorial content, drawings, illustrations, images, photographs, style guides, trademarks, logos, signs, business names (list not exhaustive) and/or any other element in the Application.
  5. ‘Ts&Cs’ refers to these general terms and conditions which are applicable to Freedelity and Users.
  6. ‘Contract’ refers to the agreement signed between the User and Freedelity including the respective rights and obligations stipulated in the Ts&Cs.
  7. ‘Services’ refers to the different features and services provided within the Application.
  8. ‘Portal’ refers to the MyFreedelity website whose address is as follows: www.MyFreedelity.com.
  9. ‘User’ or ‘You’ refers to an individual aged over 18 years, who has downloaded the Application for strictly personal and non-commercial use and not for direct or indirect profit, as a Customer.
  10. ‘Client’ mainly refers to consumer stores that want to develop their relations with their customers. They are the Freedelity partners with whom You are registered.
  11. ‘Supplier’ refers to the stores issuing loyalty cards which are not Freedelity Clients and whose personal loyalty card You have digitalised with the Freedelity Application.;
  12. ‘Protection of Personal Data’ refers to the Freedelity Privacy Policy to which you signed up when you registered in the Freedelity file by registering with one of the Clients.

Article 2. APPLICATION PURPOSE

The purpose of the Application is to Provide You with access to your personal data and to manage it both in terms of its content and use, which includes management of consent given to Freedelity Clients. This tool enables you to enjoy the benefits given by Clients.

Several Services are offered to the User:
  1. management of your personal data and consent to its use by Clients in particular for direct marketing and personalised communication purposes.
  2. virtualisation of Clients and other Suppliers’ loyalty cards;
  3. registration and storage of digitalised loyalty cards;
  4. consultation of the offer and loyalty programmes provided by Clients and Suppliers;
  5. consultation of the benefits granted by Clients and Suppliers to Customers;
  6. consultation of the proof of purchase and details of spending made with Clients and Suppliers offering this service
  7. consultation of the personalised messages sent by Clients and Suppliers to users
  8. geolocation and creation of itineraries to reach a store from your location (on condition of explicit consent);
  9. provision of the list of all Clients and Suppliers and their address, contact data and location;
  10. exercising your rights in relation to the personal data protection regulation (GDPR)

This list is not exhaustive and be updated at any time by Freedelity.

Article 3. ACCESS TO THE APPLICATION

To access and use the Application, You must have a device with Internet access and/or a compatible smartphone to use the mobile application.

The Application can be downloaded free of charge from the following platforms: ‘Apple Store’ and ‘Google Play Store’ on most smartphones.

Article 4. GEOLOCATION

Freedelity has created geolocation functions using your mobile phone’s GPS or your IP address.

With these, you can:
  1. Identify the points of sale nearby;
  2. receive the itinerary and be directed free of charge to the store of your choice;
  3. receive information or sales messages during the Application user session;
  4. take part in activities relating to your presence in an area;

If you would like to use this feature, you must give your explicit consent. You can enable this feature directly in the settings.

This feature can be disabled or (re)enabled at any time and at no extra charge.

Article 5. RIGHTS AND OBLIGATIONS

Freedelity and the User undertake to observe these Ts&Cs.

Freedelity will make every effort to make the Application available, secure its access and enable its consultation and use. The Application is available 24 hours a day, 7 days a week, except in cases of force majeure, if an event occurs that is outside Freedelity’s control, if failures occur or if maintenance work is required to ensure the Application operates smoothly. Maintenance work may be carried out without prior notice to Users.

The Application is provided to Users who have consented to the use of their personal data within the framework of their registration in the Freedelity file, in accordance with the terms described in the chapter ‘legal basis for the processing of your personal data’ described in the Privacy Policy available on the Portal and the Application: https://www.myfreedelity.com/vie-privee

Users have read and explicitly accepted these Ts&Cs which determine their rights and obligations, in particular in relation to the use of their personal data which is processed for the needs of this contract and described in the Privacy Policy.

Customers are responsible for the subscription and access fees for their own IT networks.

The User has the right to edit their personal settings. They may at any time exercise the rights stipulated by the GDPR and delete their data from a Client, for example.

The User’s deletion of certain data or the deletion of consent for a Client will mean that it is no longer possible to use the services provided by Freedelity and to use any benefits given by the Client(s) concerned.

The User hereby authorises Freedelity to use certain personal data for the Application’s needs. Similarly, the User authorises Freedelity to interact with companies that issue loyalty cards that the User will have stored via the Application, in particular with a view to optimising the communication methods between the store and the User and to enable direct marketing (on condition of prior consent).

Freedelity has the right to delete your MyFreedelity account, at any time, without notice and without compensation, in the event of abusive, prohibited and/or fraudulent use (or the suspicion thereof).

Article 6. VALIDITY AND CHANGES TO THE Ts&Cs

The Ts&Cs are applicable to any User of the Application and the Services provided. The Ts&Cs applicable are those in effect on the date of Application use. By using the Application and its services, you accept the Ts&Cs to which You have access via a hypertext link to the website.

Freedelity reserves the right to make changes to the Ts&Cs, including by adding conditions to adapt them to changes to the services provided, technical upgrades, legal or jurisprudence changes or when implementing new services. Freedelity will inform the User simply by publishing them online. They will be presumed to have been accepted by any User who accesses the Application after their online publication. In the event of refusal, Freedelity reserves the right to refuse access to its services to the User.

Freedelity therefore invites any User to regularly read the Ts&Cs.

Any new Service incorporating new techniques or new characteristics that improve the quality of existing Services will also be subject to these Ts&Cs, unless stated otherwise.

These will be accessible by a hyperlink on the Application home page.

The Application may be subject to regular updates. The application downloaded by a User has limited validity in time, taking into account these updates which must be downloaded and any technical upgrades or legislative or regulatory changes, over which Freedelity has no control.

By accessing and using the Application, you also confirm, where necessary, your explicit acceptance of the provisions of the Privacy Protection Policy that is available at any time:._ https://www.myfreedelity.com/vie-privee. This document contains crucial information concerning the use of your personal data and the protection in place in accordance with the GDPR.

You consented to these conditions when you registered with one or more of our Clients and Suppliers.

The Client or a User’s connection and visit logs will be considered to have probative value between the Parties.

If an article of the Agreement is deemed illegal, invalid or inapplicable, in full or in part, by virtue of any applicable law or legal ruling, this article will be deemed not to be part of the Agreement, without the legality, validity or applicability of the rest of the Agreement being affected.

Each Party will make every effort to negotiate a valid replacement article immediately, in good faith, which will, as far as possible, maintain the economic balance and intention of the Parties as it was expressed in the article that was deleted.

Article 7. INTELLECTUAL PROPERTY

Freedelity is the exclusive owner of all the intellectual property rights relating to the Application and its Content, subject to any of the rights of companies that Freedelity owns or for which it operates a licence.

Without prejudice to the provisions of this article, none of the provisions of the Ts&Cs may be interpreted as a sale, transfer, concession, licence, loan, rental or operating authorisation given or made either directly or indirectly by Freedelity to the User for the Application, its Content and/or the Services.

The User declares that they will not engage in conduct likely to damage the trademarks and other distinctive signs belonging to Freedelity, its Clients and other stores issuing digitalised loyalty cards.

Article 8. USER LICENCE

Freedelity grants the User a non-exclusive, revocable, non-transferable, non-saleable and global personal right to use the Application, Content and Services, free of charge, and only for their own needs within the framework of using the Application and Services, to the exclusion of any other purpose.

The User is strictly prohibited from accessing and/or using the source codes of the Application and/or Application software components. The User does not acquire any intellectual property rights over the Application, Content and/or Services or any other right than those granted by this document.

This licence does not grant any right of use to the User over the Content.

The User will therefore refrain from reproducing, representing, adapting and/or using any Content and will not infringe Freedelity’s rights.

Article 9. PROTECTION OF PERSONAL DATA

The personal data gathered that is accessible via the MyFreedelity mobile application with your consent is subject to processing for the purposes described in the Freedelity Privacy Protection Policy https://www.myfreedelity.com/vie-privee. You can, at any time, exercise your basic rights to personal data protection.

By accessing and using the application and the website, you unconditionally accept the Privacy Protection Policy that you acknowledged and accepted when signing up and registering in the Freedelity file with one of our partners.

We use cookies and other trackers on our application. To find out more about their use and to configure them, please read our cookie policy.

Article 10. LIMITATION OF GUARANTEE

The User accesses and uses the Application at their own risk. The User takes responsibility for all the effects of configurations they have made, including deleting their Profile which, pursuant to the GDPR, results in the deletion of all the data relating to benefits in the Client’s dedicated file. In this case, the User is asked to contact the Client with whom they consider they have benefits.

The Application and the software are provided ‘as is’ and ‘as available’ without any guarantee whatsoever.

It is the User’s responsibility to take all the appropriate measures to protect their own data and/or software stored on their own computer and telephone equipment against any harm.

The User declares that they know and accept the characteristics and the limits of an Internet network, including its availability, congestion, access, risk of contamination by virus or piracy, saturation, etc.

Freedelity declines any liability:
  1. in case of fault, loss, delay or error in the transmission of data which are beyond its control, including the data of digitalised loyalty card Suppliers;
  2. in the event of connection or network problems, or problems accessing or using the Application, for any reason whatsoever;
  3. in the event of access failure or failure in using the Application, for any reason whatsoever;
  4. in the event of messages and/or data being sent to a false, incorrect or incomplete address;
  5. for the implementation and granting of benefits given by Clients;

Freedelity cannot be held liable under any circumstances for any damage, of any nature whatsoever, caused to Users, their devices, their computer and telephone equipment or the data stored on it, or for the consequences on their personal, professional or commercial activity.

Article 11. TERMINATION

Freedelity may terminate use of the Application and Portal at any time by giving You 20 days’ notice of termination. At the time of termination, the rights and licences that were granted to You will be terminated and You must stop all use of the Application and Portal. The User may also terminate Use of the Application and Portal at any time, by giving 20 days’ notice.

ARTICLE 12. APPLICABLE LAW

These Ts&Cs are exclusively subject to Belgian law. Any dispute relating to the execution or interpretation of these regulations that has not been settled amicably between the parties will be brought before the courts with jurisdiction in the region of Walloon Brabant.

ARTICLE 13. COMPLAINTS

Any complaints you may have may be sent by e-mail to Freedelity at the address support@freedelity.be.

To be valid, any complaints relating to the Services provided must be brought to Freedelity’s knowledge, preferably by e-mail, within 14 days of the time you became aware, or at least were informed of them arising.

If your complaint concerns a Freedelity Client, please communicate directly with the Client who will alone take responsibility for the commitments made to benefit its customers.

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