In accordance with our data processing operations we have checked if your consent is the most appropriate basis for processing. We ask our customers and respondents to positively opt-in prior to any start of the processing. The request for consent to you is made prominent and separate from any conditions that may apply to the promotions you have participated. Your consent is (also) used to administer the campaigns you are interested in. If you withdraw consent you contact data is blocked until you have given your consent again. Any given consent is never made on a default mode. We keep a record of when and how we received your consent on an individual identifiable basis. We also keep a record of exactly what you were shown or told at the time of participating to the campaign.
Should you have questions about the campaign to which you participated in, then please contact our privacy officer at [email protected] who can reply to you directly for any question or concern you may have.
We would like to specify to you why we process data and what we’re going to do with it, for which purposes data are going to be used and further processed.
How to consent or withdraw
We give individual options to consent or positively opt-in to different purposes and types of processing. We name our organisation and any third party controllers who will be relying on the consent at the moment of collecting your data. We inform our customers and respondents that they can withdraw or refuse their consent without detriment. We perform on withdrawals of consent as soon as we can and direct our customers and respondents how to do so. In offering online communication directly to our customers and respondents we seek consent in accordance with and necessary for the purposes of our data processing operations and our relation with you. We have age-verification measures (and parental-consent measures for younger children) in place to avoid that children (below 12) and youngsters (12-18) can participate to our services.
Sponsor’s privacy policies
If you would like to find out how our Sponsors protect your personal data, please see these companies’ privacy policies.
Our Sponsors regularly ask us for consent to offer you new promotions. For example, discounts to e-learning books, retail goods and vouchers. Because we do not wish to prevent our customers and respondents from getting the best discounts, we let you know about such offers ourselves or directly from the Sponsors that are named in the promotion.
Categories of data
The categories of personal data which are necessary to provide the services are:
- The customer’s and respondent’s first and surname, title, gender, date of birth, address, postcode, place of residence and similar data required for communication by the person concerned.
- Contact data such as (mobile) telephone number and email address.
- Consent data including name, surname, e-mail address, IP adres and copy of campaign materials.
- Preferences or (confirmed) opt-in requests how to be contacted via email, mobile phone number and sms or mms.
- Opt-out request not to be contacted for marketing purposes at all.
- Preferences for different kinds of promotions, goods or services.
- Prize winner data, including photo of the prize winner when disclosed.
- Further information requests and/or contact history.
These categories of personal data are processed for purposes which are based on legitimate interests in accordance with the laws and regulations. The legitimate interests are our own interests and the (commercial) interests of third parties to provide you with the offers you would like to receive (common interests). The promotions contain not only offers which benefit our customers’ and respondents’ contact preferences (see above) but also apply to educate you about discount offers and for that purpose sending the correct email and sms on the right moment. In order to balance the commercial interests with your privacy preferences we never collect or ask for more data than is necessary for a proper operational performance of our online communication.
Why process data
We process data data when such is necessary for:
- The responsible management of Mobivity’s online communication.
- Providing the option to register or unregister for specific user interests in Mobivity shops and Sponsors.
- Processing your interest(s) in product or service categories which are offered by Sponsors or other market trends.
- Operation of customer services, such as answering questions and block personal data on the first request of the data subject.
- Processing of traffic data (inbound clicks, A/B testing, log files where needed) and analyse these to detect fraud and redemption.
- Offering the option to use mobile device as a form of identification to obtain or purchase services from other organisations and address the benefit of the data subject therein.
- If applicable, the conclusion or performance of a contract concluded in the interest of the data subject between the controller and Sponsors.
- The (further) performance of another legal obligation.
Information is not automatically used for all these objectives simultaneously.
Data required for online (direct) communication are processed in accordance with the following requirements.
The processing is intended for communication with data subjects, sending information about the products and services of Mobivity and Sponsors, keeping an overview of the information sent and maintaining the contact with the data subjects.
No other personal data will be processed than:
- Surname, first names, initials, title, gender, date of birth, address, postcode, place of residence, telephone number and similar data required for communication by the person concerned;
- Data relating to the information to be sent and transmitted;
- Other additional data that are necessary with a view to maintaining contact with the involved data subjects.
No special categories of data as referred to in the General Data Protection Regulation 2016/679 will result from the processing.
The personal data are only provided to those Sponsors, who are in charge of or direct communication with the data subject or who are thereby necessarily involved.
The personal data will be deleted at the request of the data subject or no later than two years after the relationship with the data subject has terminated, unless the personal data are necessary for compliance with a legal obligation to retain data.
Data required for security reasons are processed in accordance with the following requirements.
The processing is intended for the control and security of the systems or programs, the support of the proper functioning of the systems or programs, sorting and recovering files, creating backup copies of files, the management of the systems or programs.
No other personal data will be processed than: a. data relating to the use of the software,
b. technical and control data,
c. data to promote proper functioning,
d. historical data,
e. user data.
The personal data are only provided to those, including third parties, who are in charge of or direct the system, data management or application management or who are necessarily involved and others, as the case may be, to the (further) performance of another legal obligation.
The personal data will be deleted at the latest 6 months after they have been obtained, unless the personal data are necessary to comply with a legal data retention obligation.
Data required for processing operations concerning prize winners are processed in accordance with the following requirements.
Processing is only for company purposes to inform who were the prize winners.
No other personal data will be processed than
a. initials and surname of the prize winner.
b. photos and video images with or without sound.
The personal data will be deleted after termination of the website or will be immediately deleted at the request of the data subject (prize winner).
Data traffic with countries outside the European Union
As controller of the data Phonify B.V. does not intend to transfer personal data to a third country (country outside the European Union). Should data be transferred to a country outside the European Union then (in that event):
- The existence or absence of an adequacy decision by the European Commission will be reviewed, such as by the EU-US Privacy Shield (PbEU L 207), and,
- Reference will be made to the appropriate or suitable safeguards and the means by which to obtain a copy of such safeguards are made available on first request, and if all such is absent,
- The data subject will be explicitly asked for consent to a proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards, or the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request, or the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and Sponsor.
Combinations of processing operations
Browsing session and IP-address
We also make use of the IP-address of your computer. This IP-address is a number which automatically assigned to your computer when you have a browsing session on the internet, such as when you visit one of our sites or landing pages. They can be used to see which use has been made of the website and for drafting analyses and reports with non-identifiable information.
Website and cookies
- Remembering and communicating information that you fill in during the entry process or that you enter when indicating your interests in the various web pages, so that you don’t have to re-enter the same information every time or see the same promotions twice,
- Saving of preferred settings, and
- Tracking the unauthorised use of our landing pages.
‘Analytical’ cookies are used to analyse your visit to our websites. We analyse the number of visitors to our websites, the duration of the visits, the order of pages visited and whether any changes need to be made to the website. Using the information collected, we can make our websites even more user-friendly. These cookies are also used to solve possible technical problems on the websites.
Marketing and tracking cookies
We will only use tracking cookies for commercial purposes with your prior consent. These cookies, which are often posted by third parties, help us to tailor promotional offers to you personally. Third parties can use tracking cookies.
Questions, complaints or disputes
You are also invited to send a letter to:
Dutch representative Mobivity
Frans Halsstraat 26 A-H ; 1072 BR Amsterdam, The Netherlands
Amsterdam, August 2018