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The purpose of these general terms and conditions of use (hereinafter referred to as the "GCU") is to determine the rights and obligations of the parties in relation to the use of the Portal and the mobile application "MyFreedelity" (hereinafter jointly referred to as the "Application") published by the company Freedelity S.A. (hereinafter referred to as "Freedelity"), Rue Altiero Spinelli 7, 1401 Nivelles, registered under number BCE0818.399.886
By installing the Application on your terminal and/or by accessing the Application, as a visitor and/or user, you acknowledge and unconditionally and unreservedly accept the entirety of the GCU defined below. If you do not wish to accept them, or if you have any questions, please do not access the Application and contact us.
Any visit and/or use of the Application must comply with this contract.
The purpose of the Application is to give You access to your personal data and to manage their content and use, including the management of consents given to Freedelity Customers. This tool enables you to benefit from the advantages offered by Customers.
Several Services are offered to the User:
This list is not exhaustive and may be updated at any time by Freedelity.
To access and use the Application, You must have a terminal with access to the Internet and/or a compatible smartphone for use of the mobile application.
The Application can be downloaded free of charge from the Apple Store and Google Play Store on most smartphones.
Freedelity provides geolocation functions using your cell phone's GPS or your IP address.
With it, you can :
If you wish to use this feature, you must give your express consent. You can activate this function directly in the settings.
This feature can be deactivated or (re)activated at any time, free of charge.
Freedelity and the User agree to abide by these GCU.
Freedelity undertakes to use its best efforts to make the Application available and secure for access, consultation and use. The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of Freedelity and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application. Maintenance work may be carried out without prior notice to Users.
The Application is offered to Users who have consented to the use of their personal data as part of their registration in the Freedelity file in accordance with the terms and conditions described under the chapter "legal basis for processing your personal data" described in the Privacy Policy accessible on the Portal and the Application: https://www.myfreedelity.com/vie-privee
Users have read and expressly accepted these GCU, which determine their rights and obligations, particularly with regard to the use of their personal data, which is processed for the purposes of this contract and described in the Privacy Policy.
Consumers are responsible for their own computer network access and subscription costs.
The User has the right to modify his personal settings. He may at any time exercise his rights under the RGPD and thus, for example, delete his data from a Customer
The deletion by the User of certain data or the deletion of consents in respect of a Customer implies that it is no longer possible to use the services made available by Freedelity and the exercise of any benefits enshrined by the Customer(s) concerned.
The User hereby authorizes Freedelity to use certain personal data for the purposes necessary for the Application. Similarly, the User hereby authorizes Freedelity to interact with companies issuing loyalty cards that the User has stored via the Application, in particular with a view to optimizing the means of communication between the brand and the User and to enable direct marketing (subject to prior consent).
Freedelity has the right to delete your MyFreedelity profile at any time, without notice and without compensation, in the event of improper, prohibited and/or fraudulent use (or suspected use).
The GGU are applicable to all Users of the Application and the Services offered. The applicable GGU are those in force at the date of use of the Application. Use of the Application and its services implies acceptance of the GGU to which You have access via a hypertext link to the Site.
Freedelity reserves the right to make changes to the GCU, including adding conditions to adapt to changes in the services offered, technical developments, and legal or jurisprudential or when implementing new services. Freedelity will inform the User simply by posting them online. They are presumed accepted by any User who accesses the Application after they have been put online. In the event of refusal, Freedelity reserves the right to refuse the User access to its services
Freedelity therefore invites all Users to consult the GCU regularly.
Any new Service incorporating new techniques or new features that improve the quality of existing Services will also be subject to these GCU, unless expressly provided otherwise.
These are accessible via a hyperlink on the Application's home page.
The Application may be updated on a regular basis. The application downloaded by a User is valid for a limited period of time, taking into account updates that must be downloaded and any technical, legislative or regulatory changes, over which Freedelity has no control.
Access to and Use of the Application confirms, insofar as is necessary, express acceptance of the provisions set out in the Privacy Policy available at any time: https://www.myfreedelity.com/vie-privee. This document contains crucial information concerning the use of your personal data and the protections put in place in accordance with the GDPR.
You agreed to these conditions when you registered with one or more of our Customers and Suppliers.
The Customer's or User's connection and visit logs will be considered as having probative force between the Parties.
If any article of the Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law or court decision, such article shall be deemed not to form part of the Agreement, without affecting the legality, validity or enforceability of the remainder of the Agreement.
Each Party shall use its best efforts to negotiate forthwith in good faith a valid replacement Article which preserves, to the extent possible, the economic balance and intent of the Parties as reflected in the deleted Article.
Freedelity is the exclusive owner of all intellectual property rights relating to the Application and its Content, subject to any rights of companies owned or licensed by Freedelity.
Without prejudice to the provisions of this article, none of the provisions of the GCU may be interpreted as an assignment, transfer, sale, concession, license, loan, lease or authorization to use granted directly or indirectly by Freedelity to the User in respect of the Application, its Content and/or the Services.
The User declares that he/she will not take any action likely to infringe the trademarks and other distinctive signs belonging to Freedelity, its Customers and other companies issuing dematerialized loyalty cards.
Freedelity grants the User a personal, non-exclusive, revocable, non-transferable, non-assignable, worldwide and free right to use the Application, the Content and the Services solely for its own needs in connection with the use of the Application and the 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 the software components of the Application. The User acquires no intellectual property rights in the Application, the Content and/or the Services, nor any rights other than those granted herein.
This license does not grant the User any right to use the Content.
The User therefore agrees not to reproduce, represent, adapt and/or exploit any of the Content and not to infringe Freedelity's rights.
Personal data collected via the MyFreedelity mobile application with your consent is processed for the purposes described in the Freedelity Privacy Policy https://www.myfreedelity.com/vie-privee. You may, at any time, exercise your fundamental rights to the protection of your personal data.
Access to and use of the application and the Site implies unconditional acceptance of the Privacy Policy, which you have read and accepted when registering with one of our Partners.
We use cookies and other tracking devices on our application. To find out more about their use and how to set them, please consult our cookie policy.
Access to and use of the Application are at the User's own risk. The User assumes all effects resulting from the settings made by him/her, including the deletion of a Customer and/or his/her Profile and the thoroughness and accuracy of data relating to dematerialized loyalty cards entails, under the provisions of the GDPR, the deletion of data relating to benefits in the Customer's dedicated file. In this case, the User is invited to contact the Customer with whom they consider they have benefits.
The Application and software are provided "as is" and "as available" without warranty of any kind.
It is the responsibility of all Users to take all appropriate measures to protect their own data and/or software stored on their own computer and telephone equipment against any attack.
The User declares that he/she is aware of and accepts the characteristics and limits of the Internet, including availability, congestion, access, risks of contamination by viruses or hacking, saturation, etc.
Freedelity declines all responsibility:
Freedelity cannot be held responsible for any damage of any nature whatsoever caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor for any consequences that may arise for their personal, professional or commercial activity.
Freedelity may terminate the use of the Application and the Portal at any time by giving You 20 days notice of termination. Upon any such termination, the rights and licenses granted to You shall terminate and You shall cease all use of the Application and the Portal. The User may also terminate Use of the Application and the Portal at any time, subject to 20 days' notice.
These GCU are governed exclusively by Belgian law. Any dispute or controversy relating to the execution or interpretation of these rules which cannot be settled amicably between the parties shall be submitted to the competent courts of the district of Walloon Brabant.
Any complaints can be sent by e-mail to Freedelity.
Any complaints in connection with the Services offered will, under penalty of forfeiture, be brought to the attention of Freedelity, preferably by e-mail, within 14 days of the time at which you became aware, or at least were informed, of the fact giving rise to the complaint.
If your complaint concerns a Freedelity customer, we invite you to communicate directly with the customer, who alone assumes the commitments made for the benefit of his customers.