WowThanks Limited Privacy Policy 

1. PURPOSE OF THIS PRIVACY NOTICE 

The www.wowthanks.com website (the “Website”) is operated by WowThanks Limited ( “WowThanks”, “we”, “our” and “us”) of The Argyle Square, 3 Morehampton Road, Dublin 04, D04 DC64 Ireland. WowThanks respects your right to data protection and privacy. This Privacy Notice ("Notice") sets out the basis on which we use, process, store or disclose any personal information about you ("Personal Data"), as detailed below, that we collect from you or that you provide to us through the Website. The Personal Data provided by you will be held by WowThanks as a controller.

This Notice, together with our Website Terms of Service (the “Terms of Service”) and our Cookies Policy, applies to your use of the Website. We are not responsible for the content or privacy practices of other websites.

2. OVERVIEW OF THIS NOTICE 

We collect Personal Data from you when you use the Website and process your Personal Data for the purposes of providing you with access to the Website. You can also choose to provide your Personal Data to us via e-mail or otherwise via the Website which we will process for the purposes of responding to your queries, sending you reports or marketing communications.

3. WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU? 

We will collect and process the following Personal Data about you when you visit the Website:

4. HOW & WHY DO WE USE YOUR PERSONAL DATA? 

The reasons why (“Legal Basis”) and how (“Purposes”) WowThanks processes your Personal Data on the Website are explained table:

5. SHARING OF YOUR PERSONAL DATA 

Depending on our reasons for processing your Personal Data, we will share it with all or some of the following recipients (“Recipients”):

• Business units within WowThanks (e.g. sales, marketing, legal, system administration and/or management);
• Business units within our Win Win Group in which WowThanks is part of, Inc. (e.g. sales, marketing, legal, system administration and/or management);
• External service providers who provide services to the Website or our business (e.g. Monday, Hubspot, Intercom, Salesforce, Inc. Google, Inc. (Google Analytics) and/or
• Professional advisors who provide professional services to us such as legal advisors and consultants.

6. WHEN THIS NOTICE DOES NOT APPLY 

The Website contains links to other websites and resources (“Linked Website(s)”) provided by third parties for your information and convenience only. WowThanks is not responsible for the privacy/data protection notices or practices of any Linked Website and does not accept liability in connection with any Linked Website. This Notice only governs the Personal Data collected by WowThanks on the Website and not Linked Websites. When accessing Linked Websites, you should read the privacy/data protection notice published on the relevant Linked Website. We have no control over the contents of Linked Websites and accept no responsibility for them or for any loss or damage that may arise from your use of Linked Websites.

7. HOW LONG DO WE KEEP YOUR PERSONAL DATA? 

Generally, your Personal Data will not be retained for long periods of time and, in most instances, it will be kept in line with the retention periods set out below:

8. YOUR DATA PROTECTION RIGHTS 

You have a number of rights in relation to your Personal Data, which are set out below. In particular, these rights include the right to object to processing of your Personal Data where that processing is carried out for our legitimate interests. Note that these rights are not absolute. You can exercise these rights by e-mailing dataprotection@wowthanks.com. We will aim to respond to your request within one-month of receiving it. We may have to extend the timeline of our response by 2 further months if necessary but we will contact you if this need arises. Please also note that we may need to verify your identity when you exercise your data protection rights.

9. CONTACT US 

If you have any questions, comments or concerns about the way your Personal Data are being used or processed by WowThanks, please submit your question, comment or concern by e-mailing support@wowthanks.com

10. CHANGES TO THIS NOTICE 

This Notice will be regularly reviewed and may be amended and updated from time to time as necessary. Any updates to this Notice will be posted to this section of the Website.

WowThanks Client Terms & Conditions

Please read these Terms of Service for Clients (“Terms”) carefully. By using WowThanks and/or signing up for a WowThanks account, you agree to be bound by these Terms. If you are creating an account or utilizing the WowThanks Website or Services on behalf of any organisation, by agreeing to these terms you confirm that you have the authority to legitimately bind the entity, organization, or company to these Terms.

The WowThanks Recipient Terms & Conditions are separate, and they apply within the confines of this document.

WowThanks Client Terms & Conditions

TERMS & CONDITIONS – WOWTHANKS

Definitions

I. Description And Definitions

How it Works

WowThanks (“WowThanks”) is a corporate gifting solution enabling businesses to send WowThanks Gift Credit ("Wow Credit ") to WowThanks Recipients ("Recipients ") who can exchange their Wow Credit for merchant Gift Codes ("Gift Codes")that can be used either in-store or online to pay for goods or services from a range of WowThanks merchant retail partners ("Retailers"). Typical Recipients include employees, clients and customers.

Wow Credit is issued by default in currency format with options for (€)(£)($). Wow Credit is not attached to a debit or Credit card. It is a generic Gift Credit set at a clearly depicted Euro (€)(£)($) value which can be exchanged for Gift Codes from a range of retail partners and merchants ("Retailers").

WowThanks (“WowThanks” or the “Service”) is a Gift Code service provider that can be accessed via a range of direct and white label channels. The company URL is WowThanks.com (the “Website”) is the direct channel through which you (the “WowThanks Client”) may send Gift Codes(“Gifts”) to your clients, employees and business contacts (“Recipients”). The Service includes the Website, all related websites, and mechanisms, as well as APIs and connectors for integration with third-Party services. The Service is owned and operated by WowThanks Ltd, (“WowThanks”, “we”, or “us”), a company registered in the Republic of Ireland (company registration number 716282.

WowThanks and WowThanks Clients are both Parties to these Terms & Conditions and may be referred to as either the Party or Parties in the context of this document of Terms. WowThanks is not a bank, a lender or an e-card provider and is not a financial institution subject to Central Bank regulation.

II. Data Processing & Confidentiality

1. To the extent that WowThanks processes any information relating to an identified or identifiable natural person, the terms of the WowThanks Data Processing Agreement are hereby incorporated by this reference.
2. Each Party (as the receiving Party) must: (i) hold in confidence and not disclose the other Party’s Confidential Information to third parties except as permitted by these Terms; and (ii) only use the other Party’s Confidential Information to fulfil its obligations and exercise its rights under these Terms. Each Party may share the other Party’s Confidential Information with its (and its Affiliates’) employees, agents or contractors provided it is legitimate and provided that the Party remains responsible for any Recipient compliance within these terms and that these Recipients are bound to confidentiality obligations that are no less protective than this Section. These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving Party; (ii) was known by the receiving Party before it received the Confidential Information; (iii) is rightfully obtained by the receiving Party from a third Party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving Party without using the disclosing Party’s Confidential Information. A Party may also disclose the other Party’s Confidential Information to the extent required by law or court order, provided it gives advanced notice (if permitted by law) and cooperates in any effort by the other Party to obtain confidential treatment for the information. The parties acknowledge that disclosing Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy, and so on breach of this Section, each Party is entitled to seek appropriate equitable relief without the need to post bond or other security interest in addition to any other remedies it may have at law.
3. In the event of a future merger/acquisition involving WowThanks Ltd, all legally held and relevant data held by WowThanks Ltd will automatically transfer to the new entity for continuation of service and account history purposes.
4. Please refer to the WowThanks website and access the “Data, Privacy & Security” link to further research this aspect of our business practices.

III. Gifts

1. All Third-Party service or Gift providers (each a “WowThanks Retailer”) of Gift Codes are subject to change without notice.
2. The availability of Gift Codes to WowThanks Clients may be subject to approval from the WowThanks Retailer providing the Gift.
3. The price of GIFT CODES and any gift-specific surcharge fees are subject to change without notice. For clarity, if a WowThanks Client signed a separate agreement with WowThanks, the WowThanks fees are not subject to change during WowThanks Client’s current term of such agreement; provided that WowThanks may change the WowThanks fees applicable to a renewal term upon reasonable notice to the WowThanks Client.
4. If a GIFT CODE listed has an incorrect price due to a typographical or human error, WowThanks has the right to refuse or cancel orders placed for the product with the incorrect price.
5. By ordering a GIFT CODE, WowThanks Client accepts WowThanks Retailer terms and conditions or terms of use associated with the use of any GIFT CODE. In the event of a conflict between WowThanks Terms and any WowThanks Retailer’s terms governing a GIFT CODE, the WowThanks Retailer terms will prevail solely with respect to the purchase, issuance, redemption, and other use or exploitation of the GIFT CODE. The WowThanks Client is solely responsible for reviewing any and all applicable WowThanks Retailer terms prior to listing the GIFT CODE from the WowThanks Retailer.
6. WowThanks is not responsible for the loss of any value associated with a GIFT CODE once it has been claimed. To reduce the likelihood of any potential loss, WowThanks encourages Recipients to redeem GIFT CODE’s on a timely basis.
7. The WowThanks Client acknowledges that GIFT CODE’s sent through the Service are provided by WowThanks Retailers who provide issuing, fulfilment, WowThanks Client service and transaction-related services for WowThanks Retailer-specific Gifts, and WowThanks is not liable for any claims related to those services. WowThanks does not serve as the issuer of the GIFT CODE’s or provide any ongoing transaction related services after the GIFT CODE has been claimed through the WowThanks platform.

IV. Provision and use of Software and Services

When using the Products and Services, the Customer shall at all times comply with the Terms as well as the terms of use of any license agreement, if any, and/-or any service level agreement applicable at the time of concluding the relevant Contract.

Unless expressly set forth in any Order Document, WowThanks grants to the Customer a limited, worldwide, non-exclusive, non-transferable License to permit the User to access, use, perform and display the Product through the Hosting Services in connection with the creation and maintenance of a single Virtual Community (a cloud computing service). The License and Hosting Services term for any Product and/-or Services obtained from Pipeliner through cloud computing services will be for an initial period of 1 to 12 (twelve) months depending on the subscription model choice and will automatically renew for successive terms of 1 to 12 (twelve) months based on customers agreed plan choice. WowThanks reserves the right to increase the annual subscription price when they choose, however will ensure clients will receive at least 60 days of advan communication. Renewals are always made for the existing product version and number of licenses unless either party provides a written objection for automatic renewal at least 30 (thirty) days prior to the end of the end current term.

Should a Customer acquire more than one License, all new Licenses will expire on the same date as the first License and will be renewed thereafter for joint successive terms of 12 (twelve) months each at the then current Fees in accordance with the terms and conditions of this Agreement.

V. Restrictions On Use

1. WowThanks Client shall only use WowThanks to send GIFT CODE’s to Recipients in association with WowThanks Client’s internal loyalty, award, HR or promotion programs. WowThanks Client shall not utilize WowThanks to send personal gifts.
2. No single Recipient shall be sent a GIFT CODE valued at more than €1,000 in a single WowThanks link.
3. WowThanks Client shall not further resell GIFT CODE’s acquired from WowThanks.
4. Use of the Service is subject to any and all applicable international and local laws
5. WowThanks reserves the right to require additional information to verify a WowThanks Client’s account information, payment methods and use of GIFT CODE’s. WowThanks reserves the right to reject any WowThanks Client accounts, orders, and payments.
6. WowThanks may suspend and/or terminate Service to a WowThanks Client upon WowThanks Client’s breach of these Terms, non-payment for Services, or upon evidence of fraudulent or illegal use of the Service.

VI. Purchase & Refunds

1. WowThanks Client may establish and fund specific promotions campaigns (“Campaign”) to offer and purchase GIFT CODE’s for Recipients. When a WowThanks Client places an order in a Campaign, WowThanks will allocate the specific funds (“Campaign Funds”) to the GIFT CODE’s associated with the specific Campaign until the available GIFT CODE’s have been claimed by Recipients within the selected period allowed for that specific promotion (“Selection Window”) stipulated by the WowThanks Client. If a Recipient claims a Campaign GIFT CODE, the Campaign Funds will be debited at the face value of the GIFT CODE plus any applicable WowThanks fees. This debited amount is non-refundable regardless of whether the Recipient uses the GIFT CODE to make purchases. If the GIFT CODE value expires at the expiry of the Selection Window, 100% of the remaining unspent Campaign Funds – less any applicable WowThanks fees – will be refunded to WowThanks Client’s account balance and can be used to fund future Campaigns. If the WowThanks Client cancels a GIFT CODE amount prior to offering it to a Recipient, 100% of the Campaign Funds allocated for the GIFT CODE including any applicable WowThanks fees – will be refunded to WowThanks Client’s account balance.
2. Upon transferring payment into the WowThanks Client account, the associated funds are immediately transferred into WowThanks Credit. WowThanks Credit is a permanent Credit mechanism that permits usage within the WowThanks platform environment and cannot be exchanged for cash.
3. No interest shall be paid or owed on funds in a WowThanks Client’s account.
4. WowThanks Client may be subject to additional fees when paying by Credit Card. WowThanks may limit the types of credit cards it accepts. WowThanks may limit the amount that can be paid using a Credit Card.
5. In the interests of incentivising usage of the platform, a non-usage penalty applies on all WowThanks Client accounts that are inactive, commencing after 30 days since the Campaign completion. This penalty will equate to 5% of the Wow Thanks Credit in your account at that time. If the account remains inactive, a monthly charge of 5% of balance value will then commence (fixed fee based on the opening 5% value monthly thereafter between months 13-24). If at the end of the 24-month period there is still a balance of funds outstanding then this will be retained by WowThanks Ltd in full and the WowThanks Client account will automatically be closed.
6. WowThanks Clients can open an account based SaaS subscription solution starting at a cost of €25 + vat per month and commission charge of 5% of the value of the Gifts being sent.

VII. Disclaimers, Limitation Of Liability

1. To the extent permitted under applicable law, a WowThanks Client will indemnify, defend and hold WowThanks harmless, at WowThanks Client’s expense, against claims brought against WowThanks (or our officers, directors, employees, agents, service providers, licensors, and affiliates) by any third Party related to (a) WowThanks Client’s violation of the Data Processing Agreement or (b) unauthorized or illegal use of the Service by a WowThanks Client. To the extent permitted under applicable law, a WowThanks Client will indemnify WowThanks against all damages finally awarded against WowThanks (or the amount of any settlement WowThanks Client enters into) with respect to these claims.
2. WowThanks will indemnify, defend and hold WowThanks Client harmless, at WowThanks expense, against claims brought against a WowThanks Client (or WowThanks Client’s officers, directors, employees, agents, service providers, licensors, and affiliates) by any third Party related to (a) WowThanks violation of the Data Processing Agreement, or (b) an allegation that WowThanks Client’s authorized use of the Service infringes or misappropriates a patent claim, copyright, or trade secret right. WowThanks will indemnify a WowThanks Client against all damages finally awarded against WowThanks Client (or the amount of any settlement WowThanks enters into) with respect to these claims. WowThanks shall have no obligation to indemnify WowThanks Client under this Section to the extent any infringement or misappropriation claim arises from (i) WowThanks Client’s data or (ii) WowThanks Client’s breach of these Terms or misuse of the Services. In the event a claim is made or likely to be made, WowThanks may replace or modify the Service to be non-infringing without a material decrease in functionality. If this option is not reasonably available, WowThanks or WowThanks Client may terminate WowThanks Client’s account and subscription to the Service upon written notice to the other and WowThanks Client shall be entitled to a pro-rated refund for any prepaid but unused fees.
3. The Service is provided on an “as is” basis, and WowThanks expressly disclaims any and all warranties of fitness for a particular purpose, and any and all warranties relating accuracy, completeness, or adequacy of service. WowThanks Client understands that it assumes the entire risk with respect to the use of the Service.
4. EXCEPT AS EXPRESSLY SET FORTH BELOW, AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS. Except as expressly set forth below, and to the extent permitted under applicable law, in no event shall either Party’s aggregate liability with respect to these Terms exceed the greater of (i) the fees paid by a WowThanks Client to WowThanks during the twelve (12) months preceding the event that gave rise to the damages or (ii) €5,000. The foregoing limitations of liability shall not apply to damages arising out of or in connection with a breach by either Party of its (i) confidentiality or indemnification obligations under these Terms, or (ii) obligations under the Data Processing Agreement.

VIII. General Terms

1. The WowThanks Client shall be solely responsible for the actions of individuals who are affiliated with WowThanks Client and who utilize the Service. The WowThanks Client shall be solely responsible for determining which individuals may or may not participate in the Campaigns it sponsors or offers.
2. WowThanks Client shall be solely responsible for ensuring the accuracy and correctness of all data and commands which it enters in the Service platform and WowThanks shall have no liability for damages resulting from inaccurate or incorrect data entered into the Service platform.
3. WowThanks Client understands and agrees that it is solely responsible for determining income reporting requirements for tax purposes. WowThanks cannot and does not offer tax advice to WowThanks Clients or WowThanks Recipients. All usage of the WowThanks platform and associated issuance of Gift Codes is at the WowThanks Clients behest – any associated taxation obligations that arise from the use of WowThanks are the full and sole responsibility of the WowThanks Client. WowThanks is fully indemnified from any potential future costs/penalties arising from the WowThanks Clients failure to adequately report same to Revenue.
4. WowThanks owns and retains all rights to the Service, unless otherwise expressly granted to the WowThanks Client. The WowThanks Client acknowledges that any digital assets (Tokens, scripts, or any piece of software code) made available to the WowThanks Client by WowThanks remain the intellectual property of WowThanks Ltd, and must only be used in the manner instructed by WowThanks. Reverse engineering, tampering or otherwise modifying these digital assets is expressly prohibited. WowThanks Client accepts responsibility for any damages caused to WowThanks, Recipients, or WowThanks’ s Business Clients as the result of unauthorized modification by the WowThanks Client of WowThanks digital assets.
5. WowThanks Client grants WowThanks the right to add its name and company logo to the WowThanks Client list and websites (subject, if applicable, to any brand guidelines provided by the WowThanks Client in writing)

IX. Miscellaneous

1. Neither Party may assign any of its rights or obligations under these Terms without the prior written consent of the other Party; provided, however, either Party may assign these Terms to a successor in connection with a merger or sale of all or substantially all of a such Party’s assets or equity without obtaining consent from the other Party.
2. These terms shall be governed by and construed in accordance with the procedural and substantive laws of the Republic of Ireland.
3. These Terms are for the benefit of the WowThanks Client and WowThanks only. To the extent there is a conflict between these Terms and a separate written agreement between the parties, the separate written agreement shall govern.
4. WowThanks may change any of the Terms by posting revised Terms of Service on our Website. WowThanks shall provide prior email Notice of any material changes by sending an email. Unless you terminate your account within five (5) days after receipt of such email, the new Terms will be effective immediately and apply to any continued or new user of WowThanks. If you have signed a separate agreement with WowThanks and you terminate such agreement pursuant to this section, WowThanks shall provide a pro-rated refund within a reasonable period of time following the effective date of your termination.
5. WowThanks may change the Website, the Service, or any features of the Website or Service at any time, and in its sole discretion; provided that WowThanks shall reasonably endeavour to notify you regarding changes that will have a material negative impact on your use of the Service. You may terminate your account within thirty (30) days after being informed of such a change. If you have signed a separate agreement with WowThanks, you may terminate such agreement within thirty (30) days after being informed of such a change. If you terminate your account or separate agreement pursuant to this section, WowThanks shall provide a pro-rated refund within a reasonable period of time following the effective date of your termination.
6. The following sections will survive the termination of the relationship between WowThanks Client and WowThanks: II(2), VI, VII, IX(2), (3), (4) and (6).