FIZZ BENEFITS LIMITED
TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
The use of FizzBenefits.com is subject to the following terms and conditions.
FizzBenefits.com is owned and operated by Fizz Benefits Ltd (referred to as ‘we’ or ‘us’ below). Fizz Benefits operates this shopping discounts solution on behalf of your membership organisation.
By entering our site or enrolling, you as a user (referred to as ‘you’ or ‘member’ below) are accepting our terms and conditions.
SITE MEMBERSHIP & TERMINATION OF ACCOUNTS
Firstly, we should let you know that you can, of course, cancel your membership with FizzBenefits.com at any time. This does not affect your status with any membership organisation you may be part of.
We are happy for you to make the occasional cashback transaction on behalf of other family members or close friends. In other words, we don’t insist that each family member or close friend necessarily have to create their own account. This is subject to fair usage however and one account should not be used to make purchases on behalf of many other people.
One account is allowed per UK resident. That person must be living in the UK to qualify for an account and receive cashback from our advertised merchants. This is a condition that many of our merchants insist upon. Members are to be 18 years and over in age.
We reserve the right to refuse shopper discount membership and further, in the event of fraudulent, abusive or other activity we determine to be un-fair, we reserve the right to terminate your shopper discount account. In addition, please note that the shopper discount accounts may be disabled if they are deemed to be dormant accounts.
As a condition of shopper discount membership, you will need to accept service emails from Fizz Benefits and authenticate your email address.
We reserve the right to terminate a shopper discounts member's account if a serviceable email address is not provided and also if that member marks our emails as abusive junk or spam.
As an enrolled Fizz Benefits member you may earn 'cashback' or a cash reward from a number of Merchants as illustrated on the website. Note that all transactions you make are not with us, but with the individual retailer. We pass on the cashback we earn from merchants and their tracking agencies for your applicable transactions, where the credit can be traced directly to your account by means of an identification tag provided in the reports of the merchants and their tracking agencies.
Cashback amounts offered to our members may vary from commission received by us based on terms and conditions imposed by individual retailers and their agents, or for any other reason at our discretion. Any added cashback bonus must be £0.01 or more for it to be applied to your transaction. Some low value transactions may not therefore be eligible for a cashback bonus.
From time to time merchants may increase or decrease the commission paid in which case the cashback offer illustrated on our site may be incorrect. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions; neither do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the website, however we give no warranty of the functionality and do not accept liability for any errors. By default, your applicable transactions will be credited in line with the commission reported to us by the retailer, which may be more or less than the advertised rate. Some retailers pay cashback on the purchase amount inclusive of tax and/or delivery charges and some retailers exclude these values for the purpose of calculating and awarding cashback.
When we have traced a paying, applicable transaction to your account, we will credit your account with a ‘pending payment’. Once the retailer confirms the transaction, the payment will be marked as ‘confirmed’ – this can take 30 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the cashback payment will not be made.
Applicable transactions for cashback can be defined as transactions that fulfil the following criteria:
a. Transactions which are tracked directly back to your shopper discounts account by means of an identifying tag, as reported to us by the merchants and/or their tracking networks. Please note that you must be logged into our site at the time you click through to the merchant in order to have your transaction tracked by means of the identifying tag.
b. You also must click through to the merchant via the main ‘Continue’ or ‘Continue to Merchant’ buttons on our site.
c. Certain repeat purchases also may not qualify for cashback and you must purchase for genuine reasons. You must complete your transaction after clicking directly through to the merchant from whom you wish to purchase (not via any other third-party sites) from the Fizz Benefits website and purchases must then be completed immediately and wholly online. If the merchant decides your transaction wasn’t genuine for any reason, or if the merchant decides that your custom, (whether tracked or not), was deemed to have been provided by another website (such as but not limited to a comparison site or a search engine) then your transaction will not be applicable.
d. If your account is terminated or disabled for any other reason, then your cashback will be forfeit and any further transactions which might otherwise become credited to your shopper discounts account will not be deemed to be applicable.
Please note that you can maximise your chances of earning commission over several purchases if you click through to the merchant site from Fizz Benefits directly before each purchase.
We cannot be held responsible if the merchant fails to report your sale to us. Merchants have their own rules upon which they determine transactions to be genuine, i.e. An attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the merchant and may be discretionary.
If you are associated with more than one Fizz Benefits account (i.e. husband and wife) then allowed transaction recurrences may be determined across these multiple accounts as part of fraudulent usage prevention.
Whilst we will endeavour to recover non-payments from the retailer, the decision of ourselves, the retailer or retailer’s tracking agent is final. Whilst we will try and recover missing cashback, at any point we reserve the right not to chase missing cashback claims, particularly where no purchase has been made.
Where a cashback enquiry has been successfully paid by a merchant, you may receive a lower amount than expected; this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a merchant still hasn't paid a manual cashback claim after a period of six months then we reserve the right to close the enquiry claim.
Fizz Benefits reserves the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a merchant or its agencies. This can include transactions which are already marked as Payable in your Fizz Benefits account, or for transactions which have already been paid over to you. Fizz Benefits reserves the right to apply fraudulent prevention measures as it sees fit.
For the avoidance of doubt and notwithstanding any other provision of this Agreement or the Website, you agree that in all circumstances payment of Cashback is at our sole discretion and further we may refuse to make payment of Cashback to you for any reason including but not limited to non-payment or late payment by the Merchant.
Cashback payments will be issued at your request. You will be able to request a cashback payment once you have any PAYABLE funds in your account. There is no lower threshold limit before you can withdraw your payable funds by pre-paid MasterCard. Commission payments received by ourselves are held as our funds until such time as they are sent in the form of cashback to our members. Once a payment has been made there may be a small period before you can request your next payment.
Should a retailer delay payment or cease trading then we will make every reasonable effort to recover your cashback but we can make no guarantees to payment until funds have been received from the retailer or their agents.
Individual payment methods may be limited or withdrawn on a discretionary basis to ensure only UK payment transactions are made as per our membership terms. Payment details must be kept accurate by yourself to avoid losing any due payments. Payments made to incorrect destinations are not always recoverable and may be subject to a recovery fee. We will not be held liable for any delays, or consequences of delays in payment. At any point we reserve the right to put payment requests on hold pending any investigation, this may be the case where unusual account activity is detected and verification is therefore required in order to deem the transactions as genuine.
FEES A fee is deduced from any payable cash back. This fee is set at 5% of the payable amount but can be subject to change at any time.
DIGITAL STORE VOUCHERS
Fizz Benefits will fulfil and email the Digital vouchers to the designated member at the designated email address as provided by the member when placing their orders. For each digital voucher a separate order must be made. We are unable to combine multiple orders.
If the voucher is held in stock the order will be processed instantly and you should receive your email within a matter of minutes. If your order is out of stock Fizz will order the stock and email you the voucher as soon as is possible. This varies from retailer to retailer, but we would normally expect to fulfil the order within 2 working days but this can take up to 5 working days.
The service level commitment set forth in the immediately preceding sentence shall not apply in the event of an extraordinary increase in voucher order volumes so long as Fizz Benefits is diligently working to fulfil all such voucher orders within a reasonable time.
Fizz Benefits will maintain a sufficient inventory of digital vouchers for fulfilment as described above.
Fizz Benefits will use all reasonable efforts to maintain a sufficient inventory of vouchers to avoid having any such delay impact the timing of shipping of any vouchers. In the event that any retailer delays would cause Fizz Benefits to be unable to ship any vouchers for more than five (5) business days after the originally scheduled shipping date, Fizz Benefits shall notify members.
Fizz Benefits’ are unable to process refund in most cases as the digital vouchers are unable to be cancelled however some retailers do have the ability to cancel their voucher and for these orders, we will endeavour to cancel this voucher and refund the member. Any refunds will be handled by our help desk and are dealt with on a case by case basis.
Members will alert Fizz Benefits regarding non-receipt of ordered digital vouchers. Fizz Benefits will investigate whether the ordered voucher balance is still intact. Fizz Benefits will contact the relevant retailer to seek to arrange a balance transfer to a new voucher and reship. Should the voucher balance have been spent, the member will be liable for the replacement of the order.
Retailers have different policies and practices regarding deactivating and providing credits for lost or stolen vouchers. Fizz Benefits shall not be liable for any refusal of a retailer to deactivate and provide a credit for a lost or stolen voucher. After receipt of the accurate order by the member, the member assumes all risks associated with the vouchers and no voucher returns will be accepted.
In order to minimize our administration overhead, or for any other reason, we reserve the right to terminate dormant shopper discount accounts. In order to keep a shopper discount account active and ensure it doesn’t get marked as dormant, we do not require purchase transactions, but we do require you simply to log in to your shopper discount account at least once every 6 months.
A fee is deduced from any payable cash back and any savings made from store vouchers. This fee is set at 5% of the payable amount but can be subject to change at any time. There are no fees to pay by Credit or Debit cards and no processing fees within Fizz.
MODIFICATION OF AGREEMENT
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website. The new terms will come into effect no later than 30 days after the modification.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
www.fizzbenefits.com is protected by copyright. The site, in whole or in part, is for your personal use only. You may not reproduce, or make available any part of the site, with or without amendments, other than for your own private use. Nor may you reproduce or make available any of the data contained within the site without our express written consent. You may not distribute or commercially exploit this site, without the express written consent of Fizz Benefits Limited. We reserve all other rights.
LINKING FROM EXTERNAL WEBSITES
www.fizzbenefits.com is happy for other websites to link to it; however, it does not permit pages to be loaded into frames on other sites. It does not permit links from any websites that contain material which could be construed as offensive.
LINKS TO EXTERNAL WEBSITES
www.fizzbenefits.com links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages. If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.
UN-AUTHORISED USE OF OUR WEBSITE
If it is found that the Fizz Benefits website is being tampered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, email cloaking, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any earnings may become forfeit. To protect our merchants, any suspected abuse of an offer may lead to transactions being revoked. Any transaction deemed to be of a suspicious nature may require verification by ourselves and/or the merchants involved, and further information on your transactions may be requested from yourself. For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Fizz Benefits Limited or other entities. Where this is the case then you will be required to update this to a suitable name.
Impersonation of Fizz Benefits within www.Fizz Benefits.com or external sites will not be tolerated. If a member is found to be impersonating Fizz Benefits, and therefore misleading other members, then action will taken and the account in question may be terminated.
We take all reasonable effort to test material before placing on our website. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from this website.
JURISDICTION AND SEVERANCE
These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this website. Use of this web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Fizz Benefits treats member’s privacy very seriously and we do all that we can to ensure that the data held on our members is protected and used correctly.
If at any time you wish to close your account and invoke your Right to be Forgotten simply email us at Privacy@fizzbenefitsyou.com and we will remove all data possible, certain information will need to be retained in regard to any cash back earned and not yet paid as you have the right to claim this at any time within 2 years following closure of your account. If you have not claimed any outstanding monies your data will be completely removed and your ability to claim revoked.
Periodically, and at least once every 6 months, we will remove any members who have failed to complete their registration. These members will not have received any marketing emails from us but may receive reminders to complete their registration.
The data collected or stored by Fizz Benefits is used in conjunction with the shopper discounts member Terms and Conditions. The data held is used to allow us to offer cashback discounts and functions/services which relate to the provision of cashback as well as vouchers and paper vouchers, E-Tickets and Voucher codes.
DATA COLLECTED/HELD ON MEMBERS
In order to register for our service, we only require an email address (and a password).
We also keep accounts updated with cashback levels based on your purchase history via the Fizz Benefits website. In order to track the cashback, we keep a record of your clicks to merchant pages.
HOW DO WE SHARE THIS DATA/WHO WITH?
We do not pass users' personal data on to third parties, unless specifically requested to do so by the users or where it is required to help obtain/track or validate cashback earnings.
On rare occasions personal data may also be disclosed if we are requested to do so by law or receive a valid request for its disclosure – for example fraud prevention measures. These details passed on will not be used for marketing or any other purposes.
HOW SECURE IS YOUR DATA HELD BY US?
At Fizz Benefits, we treat the security of your data extremely seriously and have a number of measures in place to ensure that your data isn’t compromised or accessed unless absolutely necessary to offer our services.
All of our data is held on secure servers and password/payment details are encrypted. Only staff members of Fizz Benefits have access to this data and they may only see the last 4 digits of details such as your bank account number.
Cookies are small pieces of data or information that are stored by a users browser onto their hard-drive. The information cannot be seen by any other websites (so the information is secure) and is used by us to provide features to aid the use of our services.
In order to track your purchases, cookies are stored on your computer; they simply store tracking information so that when you visit a merchant via Fizz Benefits, any purchases made will result in the merchant reading this information. The merchant will then send us information about your purchase, at which point we can then credit your account. Therefore, in order to use the Fizz Benefits service and earn cashback, it is a requirement to have cookies enabled in your browser software.
Cookies may also be used by Fizz Benefits to enable full use of our website, including logging in and user preferences. If a user can sign-in to our site, then they most likely have cookies enabled.
We recommend that all users enable cookies in their browsers in order to make full use of the site and in order to ensure that any purchases on third party sites are recorded. You may refuse to accept cookies by adjusting the settings of your browser software, however, if you do not have cookies enabled, third-party merchants will not record your purchases and you will not be able to earn cashback from our service.
Cookies are used by Fizz Benefits to perform the below functions:
1. To track your transactions. When you make a purchase on a merchant's site it is third party cookies used by our tracking agency that give us the information to track your cashback. Specifically, it tells us which retailer's site you've clicked through to and when. If you've made a purchase this cookie will be used by the merchant to recognise Fizz Benefits as the referrer and hence report the relevant cashback to us.
2. To test if your tracking works.
3. For us to recognise your user account and to keep you logged in to your Account for a period of time.
4. To show you deals based on your behaviour during that session e.g. ‘Recently Visited Merchants’
5. Allow us to comply with your choices about the display of information in your Account.
6. Remember the options you select.
We do not send Junk Email or Spam!
Typically, we send you one or two emails a week that highlight offers and discounts. If you do not wish to receive the emails you have a number of options:
• Opt out of marketing emails when you first register by clicking on the email link contained within your ‘complete registration’ email or,
• Email us at any time email@example.com or,
• Open the email and select the Unsubscribe option
A few of our service emails are essential to allow the use of Fizz Benefits and so it is not possible to opt-out of receiving these. These emails are not for the purposes of marketing but purely to inform you of service interruptions or information relating to your account. If you do not wish to receive any communication from us in this regard you should close your account.
DISCLOSURE OF PERSONAL DATA
As part of our compliance with the General Data Protection Regulation EU2016/679 and the Privacy & Electronic Communications Regulations 2003, we give members the opportunity to view any information held on them as an individual. This may include purchase information, account totals, contact details and other information.
Users may request this information by sending us a Support ticket or email to Privacy@fizzbenefitsyou.com
We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you become a member of Fizz Benefits and tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
We treat your privacy very seriously and we do all that we can to ensure that the data held about our members is protected and used correctly.
Your scheme is provided by Fizz Benefits Limited whose Registered Office is at 4 Stirling Court Yard, Stirling Way, Borehamwood, WD6 2FX. Company Registration Number 08168144. Fizz Benefits Limited will collect and control your personal data so that they can operate your Fizz Benefits account.
Fizz Benefits is the data processor and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the data privacy manager using the details set out below.
For more information about how Fizz Benefits Limited uses your data, please contact us by emailing Privacy@fizzbenefitsyou.com
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance at Privacy@fizzbenefitsyou.com
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated in May 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website includes links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
• Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address and email address.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments from you to retailers featured on our website from time to time and other details of products and services you have purchased from such retailers via our website.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the cashback service). In this case, you will not be able to join the programme.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact, Transaction or Financial Data by filling in forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you:
• create an account;
• submit a claim or enquiry about a transaction;
• give us some feedback
Essential Third parties In order to facilitate the cashback service, we need to receive personal data about you from various third parties as set out below:
Technical and Transactional Data from the following parties:
a) Affiliate Networks based both inside and outside the EU;
b) retailers featured on our website from time to time;
Non-Essential Third Parties to help improve the service we provide and the functionality of our website we may receive Technical Data from analytics providers such as Google based outside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party.
Type of Data
Lawful basis for processing including basis for legitimate interest
In order to provide the service to you including:
· To process and facilitate any cashback due to you
· Manage pay outs from your account including sending a payment via third parties such as PayPal, BACS,
processing of missing cashback payments (once received from networks)
Performance of a contract with you
Answer and process any claims or enquiries you may raise with us including:
· submission and actioning of any enquiry from you
· submission of a claim for missing cashback
· contesting claims
· escalating formal complaints, including responding to ombudsman or court proceedings
in order to ensure your cashback process runs smoothly, provide any assistance with the site and challenge and defend any claims or actions which may be detrimental to our business.
Necessary for our legitimate Interests to provide the most effective service to our members and for evidential purposes in the event of a dispute.
Utilising fraud prevention measures in order to protect the business, members and retailers featured on our website from fraudulent activity and any resulting consequences
Necessary for our legitimate interests to prevent fraud
To manage our relationship with you which will include:
in order to keep our records updated
(d) Marketing and Communications
Necessary for our legitimate interests for updating customer details and preferences
Sending marketing emails
(c) Marketing and Communications Data
Necessary for our legitimate interests for marketing purposes
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, fraud prevention measures)
in order for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise
Necessary for our legitimate interests of site security
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
In order to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy
(e) Marketing and Communications
Necessary for our legitimate interests of web analytics, profiling and personalisation
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Within your account you can view and make certain decisions about receiving marketing emails.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have signed up to the service and you have expressly consented to receive these marketing emails.
You can ask us to stop sending you marketing messages at any time by emailing us at Privacy@fizzbenefitsyou.com or by following the opt-out links on any marketing message sent to you.
Cookies are small pieces of data or information that are stored by your browser onto their hard-drive. The information cannot be seen by any other websites (so the information is secure) and is used by us to provide features to aid the use of our services.
In order to track your purchases, cookies are stored on your computer, and they contain tracking information so that when you visit a retailer through your scheme, any purchases made will result in the retailer reading this information. The retailer will then send us information about your purchase, at which point we can then credit your account. Therefore, in order to use the service and earn cashback, it is a requirement to have cookies enabled in your browser software.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below (who are also bound to keep it safe and secure) for the purposes set out in the table in paragraph 4 above.
• Essential Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Some of our external third party suppliers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
Please contact us at Privacy@fizzbenefitsyou.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We treat the security of your data extremely seriously and have a number of measures in place to ensure that your data is not compromised or accessed unless absolutely necessary to offer our services.
All of our data is held on secure servers and your password is encrypted. Only staff members who need this information to provide the service have access to this data and they will only see limited information. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Where we have given you (or you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password safe. We ask you not to share your password with anyone.
However, the transmission of data on the internet is not completely secure and is at your own risk. We cannot guarantee the security of data that you transmit to our website but we will do our best to protect your personal data and we will use strict procedures and security features to prevent unauthorised access to it.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us at Privacy@fizzbenefitsyou.com
In some circumstances you can ask us to delete your data.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. You can update your details on your account by logging into your account and going to your Account. If you believe that we hold any inaccurate information about you, you can contact us by emailing Privacy@fizzbenefitsyou.com.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at Privacy@fizzbenefitsyou.com
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
EXTERNAL THIRD PARTIES
• Companies within Top Benefit Schemes Limited group
• Service providers who provide IT and system administration services.
• Various affiliate networks who track your purchases made via our website
• Retailers as featured on our website from time to time in the event of a tracking failure
• Any regulators and other authorities based in the United Kingdom
FIZZ BENEFITS LIMITED whose Registered Office is at 4 Stirling Court Yard, Stirling Way, Borehamwood, WD6 2FX, a Company registered in England and Wales, Company Registration Number 08168144
Registered under the Data Protection Act. Registration No. ZA024697