Welcome to Yesty! In this Privacy Statement, we will explain exactly what information we collect from you and how carefully we handle it. We will also explain your rights regarding your data. We recommend that you read this Privacy Statement carefully.
In short, we help you to use Yesty easily and safely based on your personal data. We take your privacy very seriously and comply with privacy legislation (such as the General Data Protection Regulation).
1. Who is Yesty?
Yesty is the private company Yesty B.V, located and based in Haarlem (2031 BJ), at Hendrik Figeeweg 1-0014 unit 1, and registered with the Chamber of Commerce under number 70833346.
Through Yesty’s service, users can purchase, personalize, store, and give (digital) Gift Cards. The gift cards can be used via the app at the publishers of the Gift Cards, such as retailers. Yesty processes personal data when using the service.
The terms written in uppercase in this Privacy Statement have the same meaning as in the General Terms and Conditions.
2. What information is collected and processed by Yesty?
To use the App, you need to create a personal account. We ask you for the following information: name, email address, and password. We use the email address to send order confirmations and to send you newsletters and other messages if you have given permission for this. The content of your account is not visible to other users or visitors. You can always have your account removed by sending an email to email@example.com.
Once you have created an account, you can use it to view and manage the following information:
- Your personal details
- Your purchase history
- Gift cards you have received
Yesty aims to provide the highest quality service. To achieve this, Yesty performs statistical research to make necessary adjustments to its service.
Yesty may use your personal information, such as your device ID (a unique identifying number of your phone), for this statistical research. The results of the research are always aggregated, meaning that the data in the research result cannot be personally attributed to you.
You can use the option to personalize a Gift Card with a video message or personal message. If you use the personal message feature, Yesty will process the personal data that you provide through this message.
To prevent and detect fraud, the following information may be retained: IP address, email address, and the amount spent and/or received on gift cards.
Automatically Generated Information
In order to operate the Service optimally (for example, to display pages correctly) and to secure the Service, we require certain information. Therefore, we automatically collect generated information about your (surfing) behavior during your use of the Service. This information includes:
- the type of device (such as a tablet or smartphone);
- the operating system that your device uses;
- the pages you visit;
- how you navigate through the Website and/or App.
Notifications, newsletters, and emails
Yesty can send you notifications through the App, if you have given permission for it. Your device ID will be used for sending these notifications. You can always modify this permission in the App settings.
For example, Yesty can send you messages about the validity of a Gift Card, such as when it is about to expire. Yesty can also offer you targeted promotions, such as sending a message when you are near a retailer from whom you have a card. These offers are made based on your location data, interests, or exchange behavior.
Finally, Yesty will keep you informed of the development of its Service via email. For example, if there is an expansion or update, Yesty will let you know. If you have given permission, Yesty will also keep you informed of promotions and offers. If you do not want to receive emails from Yesty, you can opt-out using the button provided in every email sent by Yesty to you, except for emails you receive after making a purchase.
3. What are cookies and how does Yesty use them?
Cookies are small pieces of (text) information that a server sends to the browser (such as Internet Explorer or Firefox) and then stored on the hard drive or memory of your device. The browser can send this information back to the server during your next visit. Yesty’s cookies cannot damage your peripheral equipment or the files on it.
The following types of cookies can be installed on your peripheral equipment through your use of the Service:
Firstly, Yesty places functional cookies itself. These cookies are necessary to deliver the Service in a user-friendly manner. For example, functional cookies ensure that you do not need to log in again on every page after logging in to the App and these functional cookies remember the forms filled in the App.
In addition to functional cookies, Yesty places cookies that are only stored on your peripheral equipment for a limited time. As soon as you close the web browser, these cookies are automatically deleted. These so-called session cookies are used to map your surfing behavior in the App or on the Website during a certain visit. Yesty can adjust the Service to the needs of the users using this data.
Furthermore, Yesty places analytical cookies in relation to online advertising campaigns. These cookies can provide insight into the behavior of users in the App or on the Website after an online advertisement is shown to them.
Finally, Yesty places marketing cookies. These cookies allow Yesty to offer targeted advertising based on your online surfing, searching, and buying behavior.
In addition to the cookies that Yesty places itself, third-party cookies are also placed on your device through the Service. This section pertains to these so-called third-party cookies. Yesty has no control or authority over the use of these cookies and/or the use of the information collected through the cookies by third parties. Yesty notes that additional terms and conditions may apply to the use of the collected data by third parties. Below is a list of the types of third-party cookies that are placed through the Service.
Third parties may place marketing cookies in the App and on the Website, and we also place marketing cookies on third-party websites. We combine the information from these marketing cookies so that we can offer you the most relevant offers based on your online browsing, search, and purchasing behavior. Additionally, we use these marketing cookies to keep track of which ads you have seen.
This website uses the services of affiliate networks such as Daisycon, Awin, Tradetracker, Tradedoubler, Bol.com, Amazon, and Partnerize to promote advertisers through performance-based advertising. Performance-based advertising is a fair form of advertising because an advertiser only pays for actual and measurable results. To perform this service, our partners use so-called affiliate cookies and matching data. These cookies enable a match to be made between the transaction at the advertiser and this website. As a result, affiliate networks know that this website should receive a commission. Upon registration of this commission, this website gains access to basic, anonymous transaction data. This data may only be stored and/or processed by this website to more effectively promote the relevant advertiser or for statistical analysis. This website ensures that stored data is adequately secured and complies with applicable privacy guidelines and legislation. The use of affiliate cookies and the storage of anonymous transaction data does not pose a privacy risk to visitors of this website. Therefore, no permission needs to be requested under the Telecommunications Act and the GDPR. Regarding data processing under the GDPR, we rely on the legal basis of Legitimate Interest. However, we are required to inform our visitors about the use of this data.
This website uses the services of Giftomatic. These tools do not measure personally identifiable information. Giftomatic has created white label solutions such as the product search engine and product recommendations to make it easier and more fun to find a product to buy with your gift card. Giftomatic ensures that stored data is adequately secured and complies with applicable privacy guidelines and laws. The use, processing, and storage of anonymous data does not pose a privacy risk to visitors to this website. Accordingly, no consent is required under the Telecommunications Act and the GDPR. With regard to data processing under the GDPR, we rely on the legitimate interest legal basis. However, we must inform our visitors about the use of this data.
To collect web statistics on the use and visit of the App and the Website, Yesty uses Google Analytics. This service places a permanent cookie on your device to register your use of Yesty. This data is then analyzed by Google, and the results are provided to Yesty. Yesty gains insight into how Yesty is used and can make adjustments to its services as needed based on this data. Google may provide this information to third parties if required by law and/or if third parties process the information on Google’s behalf.
You can configure your browser to allow or refuse installed cookies and to not receive cookies during your next use of Yesty. You can always withdraw your consent. To learn more about these features, you should consult your browser’s instructions or Help function.
4. Use by third parties
Without your explicit consent, Yesty will not provide your personal data to third parties, except:
- to subcontractors who process personal data on behalf of and for the benefit of Yesty. In that case, Yesty ensures that contractual provisions provide that third parties do not use your personal data for purposes other than those described in this Privacy Statement and that third parties have taken security measures necessary to protect your personal data against unauthorized processing, accidental loss or destruction or damage to your personal data;
- Yesty may provide your data to a third party if you explicitly give your consent and/or to the extent that this data cannot be traced back to you personally;
- For the purpose of creating anonymous user statistics or conducting web analyses, Yesty may provide data automatically collected by visiting Yesty’s website, including the IP address, to third parties;
- if Yesty is required to do so under national or international legislation, case law and/or regulations, or if Yesty deems it necessary to defend its own rights.
The Service may contain hyperlinks that take you away from the Yesty App or Website and onto the website of another party. Yesty has no control over services and/or websites of third parties to which links are made. Therefore, it may be that a different privacy statement and/or terms and conditions apply to the use of these services and/or websites of third parties. This Privacy Statement of Yesty only applies to personal data obtained through the use of the Service. Yesty accepts no responsibility or liability for the operation and/or content of services and/or websites of third parties.
6. For what purposes will Yesty use information about you?
Yesty uses your information for the following purposes:
- to process your purchases and send the purchased gift cards to you/the recipient;
- to enable payments to Yesty;
- to gain insight into your online browsing, searching, and purchasing behavior and to adapt/improve the Service accordingly;
- to prevent and minimize fraud;
- to process your personal (video) message;
- to send you personal messages/notifications, provide you with information about Yesty’s own services and products, and to respond to your questions and feedback;
- to secure, adapt, and improve the Service;
- to generate statistical data and use this data (anonymized) for research purposes;
- to provide information about you to third parties, if you have given permission for this or in accordance with laws and/or regulations.
- the processing is necessary for the performance of a contract to which you are a party;
- the processing is necessary for the performance of a contract to which you are a party;
- the processing is necessary for the legitimate interests pursued by Yesty, which includes Yesty’s marketing interests;
- the processing is necessary for the legitimate interests pursued by Yesty, namely to be able to offer the Service securely;
- the processing is necessary for the legitimate interests pursued by Yesty, namely to be able to offer the Service including (video) message and to improve the Service;
- the processing is necessary for the legitimate interests pursued by Yesty, including marketing interests and providing customer service;
- the processing is necessary for the legitimate interests pursued by Yesty, including securing and improving the Service;
- the processing is necessary for the legitimate interests pursued by Yesty, namely to conduct research and improve the Service;
- (i) you have given your consent to this processing of your personal data; (ii) the processing is necessary to comply with a legal obligation that rests on Yesty.
7. How does Yesty protect your personal information?
Yesty places great importance on securing your personal data. Yesty has implemented appropriate technical and organizational measures to protect your personal data from loss or any form of unlawful processing. Additionally, Yesty values storing your personal data within the European Economic Area (“EEA”). If personal data is stored outside of the EEA, Yesty ensures that this storage complies with the law and that an adequate level of protection is guaranteed. We have signed the EU Model Clauses with these parties and/or the transfer of data is carried out on the basis of the EU-US Privacy Shield.
8. How long does Yesty retain your personal data?
Your personal data is carefully stored and not kept longer than necessary for the purposes for which it was processed.
9 What are your rights?
Under privacy law, you have certain rights as a data subject. We outline these rights and how you can exercise them. Response We aim to respond as soon as possible, and at least within one month of your request. However, we may require more time in certain circumstances, in which case we will inform you before the end of the aforementioned month. The additional time will not exceed two months. Requests can be made by sending an email to firstname.lastname@example.org. Please send the email from the email address that we have on file for you, so that we can ensure that the information you request belongs to you. If we cannot (fully) determine which personal data your request relates to, we may ask you to (further) specify your request. It is possible that we may reject your request, for example if it is unfounded or excessive or if we cannot or are not required by law to comply with your request. We will also notify you of any rejection. Furthermore, we may ask you to identify yourself before processing your request. Please note that you have the right to file a complaint with the Dutch Data Protection Authority. Of course, we hope this will not be necessary!
Right to access
You have the right to request to know whether Yesty processes personal data relating to you. If this is the case, Yesty will provide you with a copy of the personal data collected about you in accordance with the law.
Right to rectification
You have the right to request the rectification of any inaccurate personal data relating to you. If possible, you also have the right to provide additional personal data to complete the collection of your personal data.
Right to erasure
You have the right to request the erasure of (certain) personal data relating to you (the right to be forgotten). If your request is granted, Yesty will delete the relevant personal data.
Right to restriction
You have the right to request the restriction of the processing of your personal data. This means that if the request for restriction is granted, Yesty will not process your personal data further during the period of restriction, unless this is still permitted by law.
Right to object
Under certain circumstances, you have the right to object to the processing of your personal data, for example, if Yesty processes your personal data on the basis of legitimate interest. If you object, Yesty will balance your privacy interests against the business interests of Yesty. If your interest outweighs the business interests, Yesty will not process your personal data further. If your personal data is used for direct marketing, you can always object to the processing. In that case, we will no longer process your personal data for that purpose.
Right to data portability
You have the right to request data portability. Yesty will provide you with the data that falls under this right in a structured, commonly used, and machine-readable format so that you can transfer it to a third party.
10 Can minors use Yesty?
If you are under sixteen (16) years of age, you must have permission from your parents or guardian before using the Service.
11. Can this Privacy Statement be changed?
This Privacy Statement may be changed. These changes will be announced through the App or Website. We therefore advise you to regularly review the privacy statement for any changes. If there are material changes, we will notify you via messaging. The latest version of the Privacy Statement is from October 2018.
If you have any questions about this Privacy Statement, you can send an email to email@example.com. If you have a complaint about the use of your personal data and you cannot resolve it with Yesty, you can also file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).