BE U LOYALTY PROGRAM PRIVACY POLICY

This privacy policy (the “Policy”) sets out the basis on which we collect, use and disclose personal information obtained from you when using or interacting with us through our Website and/or our App and associated Program customer service channels. 

The Platform is owned and operated by Beside Trading Co. Limited, a limited liability company incorporated under the laws of the Kingdom of Saudi Arabia, with commercial register number 4030156878 and its registered office at P.O. Box 18487, Jeddah 21415, KSA (“we”, “us” or “Beside”), the entity with ultimate responsibility for this Privacy Policy.  

By visiting the Platform, or supplying information through the Platform or the Program customer service channels, you expressly agree to be bound by the terms of this Policy and you consent to our collection, use and disclosure of your information in accordance with the terms of this Policy and our Program terms and conditions (“Terms”).  Defined terms used in this Policy but not defined herein shall have the meaning set out in the Terms.   

We may amend this Policy at any time without notice, and such amendments become effective from the date upon which we make them available on the Platform. Any such changes will be posted on this page and we strongly suggest that you visit and review our Policy periodically to make sure you understand how information you provide will be used.  This Policy was last updated on 5 August 2020.  

If you do not agree to the terms of the Policy (including any amendments), or if you are accessing the Platform in a country or other territory where use of the Platform is not permitted, then you should immediately cease using the Platform.

YOUR INFORMATION

Some of the Platform can be used without giving us any information. However, certain services may involve the collection of certain information from you.   The type of information we collect from you is either personal to you, or is general in nature:

• Personal Information: When you register for the Program, update your information, take part in promotions or send us emails, you provide us with information that we store and process. Such information (“Personal Information”) may include:
• your name, phone number, email address, date of birth (optional), social media accounts (if you choose to link any of your social media accounts), user name and password for accessing the Platform, responses to surveys, and other such personal Information;
• Transactional information such as: the date you joined the Program, Points you accrued, your Tier and the Transactions on which these Points accrued, Points you redeemed, Points which expired, items you purchased through Points redemptions and preferences you have indicated to us.  If you contact us via the Platform, or via email to the contacts set out on the Platform, we may also keep a record of that correspondence; and
• information about you from third parties such as Participating Stores.
• General Information: We also receive more general information from you as a result of your visits to, and use of, the Platform. This general information does not identify you personally, and can include information such as your IP address, the date and time you access the Platform, length of time you spend on the Platform, your browsing history (recorded by the text and graphics files that compose that page), the Internet address of the website from which you linked directly to our Platform, and other such general Information (“General Information”).

We do not collect any special categories of personal information 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.

This Platform is not intended for children and we do not knowingly collect data relating to children.

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 products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

USING INFORMATION

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:

• Performance of a Contract:  Where we need to perform the contract we are about to enter into or have entered into with you.  For example, to take redeem Points for products or services or deliver a product or services to you.   

• Legitimate Interest:  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.  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 Information for our legitimate interests. We do not use your Personal Information 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

• Legal Obligation:  Where we need to comply with a legal obligation that we have.  For example in some countries, we may be required to provide your Personal Information to customs authorities in relation to the delivery of products or services to you.    

• Consent:  Where we have your consent to using your Personal Information for a particular activity. For example, where you consent to us sharing with you special offers, which we think, may be of interest.

We use Personal Information for a range of purposes, including:

• to manage your account and keep internal records;
• to verify and process your Points earned or redeemed through the Program or any purpose associated with the processing or fulfillment of your Membership or Points Transactions;
• to assist you with customer service queries or any Program related service you request from us;
• to notify you about changes to our Terms, Policy or products or services;
• operate our Platform and Program; 
• resolve disputes, collect fees, and troubleshoot problems;
• encourage safe trading and enforce our policies (including but not limited to this Policy);
• customize users' experience, measure interest in our services, improve our Platform, Program and products and services;
• to provide you with a better quality of service;
• inform you about new products and services from Participating Stores and promotions, special offers and other information;
• communicate marketing and promotional offers to you either from ourselves or selected third parties, according to your preferences;
• for market research, analytical or statistical purposes;
• to protect our rights, safety or the safety of others including for fraud prevention;
• do other things as described when we collect the information; and 
• such other purposes, as may, from time to time, be permitted by law.

We use General Information to help us make the Platform more useful to visitors (including to help us assess content of interest to visitors), and for other purposes such as determining the Platform’s technical design specifications and identifying system performance or problem areas, for tracking activity on the Platform, preparing reports, assessing trends, and otherwise monitoring the way in which the Platform is being used – none of which is carried out in a manner that will personally identify any user. 

DISCLOSURE OF PERSONAL INFORMATION

You agree that we may share your Personal Information with:

• other entities within the Group (being the group of companies which Beside is a member) including but not limited to:  
• Beside General Trading Co. LLC, P.O. Box 61237, Dubai, UAE
• Beside FZE, P.O. Box 61237, Dubai, UAE

• Beside SPC, P.O. Box 65259, Manama, Bahrain
• Beside General Trading WLL, PO Box 80608, Doha, Qatar
• Beside Kuwait for Garments and Accessories SPC, PO Box 29, Alshaab, 36061, Kuwait
• Beside Trading Company, 5 Abu Bakr Elsaik Street, Square 1144, Sheraton Heliopolis, Cairo, Egypt
• carefully selected third parties with whom we have a relationship (including without limitation Participating Stores, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
• advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
• third party companies and individuals who facilitate the operation of the Platform or Program or for an agreed purpose, to operate the Platform and/or the Program on our behalf, to perform services for the Platform and/or the Program; 
• third party companies such as analytics and search engine providers that assist in analyzing and improving how the Platform and/or Program is used or performing, such as Google Analytics that collect, monitor and analyze this type of information in order to increase the Platform’s functionality. These third party service providers have their own privacy policies addressing how they use such information;
• credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.

Beside will disclose your Personal Information where required to do so by law or subpoena or if Beside believes that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of the Platform or Program or to enforce our policies or respond to claims that a posting or other content violates other's rights, or protect anyone's rights, property, or safety. 

If Beside is involved in a merger, acquisition or asset sale, you also agree that your Personal Information may be transferred. Beside will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy. 

You agree to receive marketing communications about products and services on behalf of our Participating Stores and other third party advertising partners unless you tell us that you prefer not to receive such communications. If you do not wish to receive marketing communications from us, simply indicate your preference by following directions provided with the communication.  

You may not use our Platform or communication tools to harvest addresses, send spam or otherwise breach our Terms of use or this Policy. We may automatically scan and manually filter email messages sent via our communication tools for malicious activity or prohibited content. If you use our tools to send content to a friend, we do not permanently store your friends' addresses or use or disclose them for marketing purposes. To report spam from other users, please contact us at the details below.

INTERNATIONAL TRANSFER 

Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you choose to provide information to Beside, please note that Beside may transfer the information, including Personal Information, to the United Arab Emirates and/or to their servers based in the Europe Union and process it there. 

Your Personal Information will also be processed by staff operating inside or outside the Kingdom of Saudi Arabia who work for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. 

Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Information.

RETENTION OF DATA

We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe, there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances, you can ask us to delete your data: see your rights below for further information.

In some circumstances we will anonymise your Personal Information (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.

SECURITY 

Keeping your Personal Information secure and preventing unauthorized access to your Personal Information is of the utmost importance to us, and we take all steps reasonably necessary to protect your Personal Information against any unauthorized access, use, alteration, disclosure or destruction. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted to protect your personal information against unauthorized access and disclosure.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure.   Whilst we have put in place physical, electronic and managerial procedures to secure and safeguard your Personal Information, we will not be held responsible for any unauthorized access by third parties and we cannot guarantee that the Personal Information provided by you or that is transmitted via this Platform or by e-mail is totally secure and safe. Beside is not responsible for any unauthorized access by third parties.

We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 

Health and Fitness Data Collection

Be U Rewards integrates a step counter feature that uses Health Connect to track your steps and reward you for achieving fitness milestones. To ensure transparency and protect your data, we provide the following details:

Data Collected: We collect step count, distance covered, and calories burned to offer rewards based on your physical activity. This data is only used to enhance your experience and deliver personalized incentives.
Data Usage and Handling: Your health data is securely transmitted using encryption protocols (such as HTTPS) to prevent unauthorized access. We do not share or sell your data to third parties.
Data Retention and Deletion: Collected data is retained only as long as necessary to provide the intended features and comply with legal obligations. You can request the deletion of your data or opt-out of tracking at any time by contacting us at [[email protected]].
User Consent: We access health data only with your explicit consent. You can revoke permissions at any time through your device settings or within the app.
By being transparent about our data practices, we aim to provide a safe and rewarding experience while ensuring your privacy is respected.

COOKIES

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. By continuing to browse the Website, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies: 

• Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. 
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. 
• Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Please note that third parties (including, for example, advertising networks such as Google and providers of external services like web traffic analysis services) may also use cookies (including for example to serve advertisements to you based in your prior visit to our Website or other websites), over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. 

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.  

You may also visit the relevant third party websites to opt out of the use of cookies for personalised advertising (if the vendor or ad network offers this capability).   Alternatively, you can opt out of some third party vendors’ uses of cookies for personalised advertising by visiting www.aboutads.info.

Except for essential cookies, all cookies will expire after [INSERT EXPIRY PERIOD].

YOUR RIGHTS

Under certain circumstances, you will have rights under data protection laws in relation to your Personal Information, which may include the right to:

Object to processing of your Personal Information for direct marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.   If at any time you wish to have your information updated or removed from our active marketing databases, please contact us (at the details below) or click unsubscribe link on any communication. 

Request access to your Personal Information (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Information 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.

Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information 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 Information 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 Information 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 Information 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your Personal Information which override your rights and freedoms.

Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• 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.
• 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 Information 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.

Lodge a complaint with your local supervisory authority.  You have a right to lodge a complaint with your local supervisory authority (i.e. your place of habitual residence, place of work of place of alleged infringement) if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

EXERCISING YOUR RIGHTS

If you wish to exercise any of the rights set out above, please contact the Support Centre at [email protected] or call +971 (0)4 5621010 for the UAE and other countries or +966 (0)11 5203732 for KSA (Sunday-Thursday 10:00am–5:00pm (KSA time zone) / Friday-Saturday 3:00pm–10:00pm (KSA time zone).  You will not have to pay a fee to access your Personal Information (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 could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information 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.

We try to respond to all legitimate requests within one month. Occasionally it could 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.

LINKS TO THIRD PARTY WEBSITES

The Platform may provide links to other third party websites not within our control. We cannot be responsible or liable for the content of such websites and we advise you to exercise caution and review and understand the privacy policy of such websites before submitting any of your Personal Information to them.

APPLICABLE LAW AND JURISDICTION

This Policy, as well as your access to the Platform, is subject to and governed by the laws of the Kingdom of Saudi Arabia without giving effect to conflicts of law principles thereof. Any dispute regarding this Policy or our handling of your Personal Information and General Information shall be subject to the exclusive jurisdiction of the Courts of Saudi Arabia.

CONTACT US AND OPTING OUT OF COMMUNICATIONS

If you have any queries, complaints or recommendations about this Policy, please contact us at the following address and we will endeavor to respond to you promptly.

[email protected]

Whenever you receive a marketing communication from us (which may be by email, SMS, or telephone), you will be given an opportunity to unsubscribe.  In addition, you can change your marketing preferences at any time by contacting us as described above.  

When you opt-out of receiving these marketing communications, this only apply to communications related to marketing. We will still contact you to delivery transactional and operational information related to your Be U account.