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PRIVACY AND COOKIE POLICY

Last Revision: 25 May 2018

AreTheyHappy commits to strong, secure and transparent privacy practices.

We do our best to protect your privacy and avoid any misuse or abuse of your personal data.

Our Privacy Policy explains:

Our Privacy Policy applies to:

Our Privacy Policy should always be read in conjunction with the privacy policies of all Supported Platforms. If you have questions or complaints regarding our privacy policy or practices, please contact us at [email protected]

1- Who is AreTheyHappy ?

AreTheyHappy NV (“AreTheyHappy”) is a European company headquartered in Gent, Belgium. It was founded in November 2016 as a BVBA and then in November 2017 as an NV. AreTheyHappy offers a software application (the “Service”) that helps restaurants, bars, cafes and agencies (collectively “Customers”) in managing their online reputation.

AreTheyHappy enables our Customers to centralize all incoming messages from their different Social Profiles (“Supported Platforms”) in one online tool. From within the same tool, Customers can respond to incoming messages sent to their Social Profiles. They can also schedule and publish content on their Social Profiles and analyze the results of their efforts. It also helps them monitor public conversations on Supported Platforms as long as they contain certain keywords of their choice.

AreTheyHappy complies with Belgian Data Privacy law, which embodies all the relevant EU Data Protection Law.

2- What information do we collect and/or process?

We collect and process two types of data: Customer Personal Data (2.1) and Customer Content (2.2).

2.1- Customer Personal data
Type of Data concerned

When you register for an AreTheyHappy Account, we collect some data about you as a User. We do this in order to provide our service, improve general usability, and to give you the best customer support possible. We remember the following information:

AreTheyHappy also remembers certain data from your computer or mobile device, including the activities you perform on the Site, the Supported Platforms, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see “Cookies and Related Technologies” below). For example, each time you visit the Site or use AreTheyHappy, if allowed, we remember your IP address, browser and device type, access times, the web page from which you came, the regions from which you navigate the web page, and the web page(s) you visited.

How we use this data

AreTheyHappy uses Customer Personal Data for the following general purposes:

2.2- Customer Content

When our Customers connect a Social Profile to the AreTheyHappy, they can decide to collect, process, share and access data from the selected Social Profile (subject to the terms of service and privacy policies of the Supported Platforms). Once permissions are set, our Users can read, respond to and analyze data from their Social Profiles, and also create, post, transmit, view, display or share data or information through the Service.

Type of Data concerned

How we use it

AreTheyHappy uses Customer Content for the following purposes:

3- Cookies and Related Technologies

Like many websites, we remember certain information through the use of “cookies.” Cookies are small text files that are saved by your browser when you access our Website or Service. We may use both session cookies and persistent cookies to recognize you when you’ve logged in to the Site and to tell us how and when you interact with our Site. We may also use cookies to ensure that our services do not get overloaded, i.e. we may monitor aggregate usage and web traffic routing on our Site. When you visit the Site, we request your permission to use cookies. When you sign up for an account, you agree to the use of cookies in your browser and HTML based emails. This helps us greatly in giving you the best experience possible.

3.1- Session Cookies

“Session cookies” remember certain information from your current visit, i.e. login information. This is done to allow you to move easily within the AreTheyHappy platform. Without these session cookies, we wouldn’t be able to properly provide our Service to you. These session cookies have limited functionalities and expirations, and you will be required to re-enter your AreTheyHappy login information after a certain period of time has elapsed to protect you against others accidentally accessing your account contents and related personal information. Other examples of our use of session cookies include to track the number of visits by a particular visitor to a page or a feature of the Service.

3.2- Performance and Remarketing Cookies

We use third-party vendors, like Facebook Ads and Google Ads, to help deliver ads for relevant AreTheyHappy services when you visit certain pages on our Site. We may share a cryptographic hash of a common account identifier (such as an email address) with third-party to help us tailor ads and services offered to you. Most browsers allow you to choose whether to accept cookies. If you do not wish to have cookies placed on your computer, please set your browser preferences to reject all cookies, before accessing the Site. Please note that by doing so, some features of the Site and the Service may become unavailable.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

The Network Advertising Initiative has also developed a tool that may help you understand which third parties have currently enabled cookies for your browser and opt-out of those cookies. Further information can be found at: http://www.networkadvertising.org/managing/opt_out.asp

AreTheyHappy may also use related technologies including web beacons, pixels, and software tokens in order to facilitate your use of the Service. Most notably, the Service use software tokens (stored securely on AreTheyHappy-controlled servers) in order to facilitate the logging in to and the functioning of both the Supported Platforms.

The biggest take-away is this: we use cookies to better understand your needs as a User, to analyze trends, to recommend more relevant content or services, and to improve the features and general usability of the Site and Services.

4- How is your information kept secure?

The security of your personal information is important to us.

AreTheyHappy has implemented various measures to ensure that the information is adequately protected against unauthorised access, use, disclosure and destruction. You should bear in mind, however, that submission of information over the internet is never entirely secure. Thus, risk can never be eliminated, however, it can definitely be significantly mitigated and reduced.

Security measures adopted by AreTheyHappy include:

5- Children

Because the nature of our Service does not appeal to children under the age of 13, AreTheyHappy does not knowingly acquire, seek or receive requests to open accounts from children under 13. If we later learn that any user of our Service is under the age of 13, we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service.

6- Your rights: Access, change, deletion, disclosure

You have the right to object to the processing and collection of your personal data, and to withdraw your consent at any time, except where otherwise determined by applicable law.

When you withdraw consent, you acknowledge and accept that this will (most likely) terminate your access to the use of our Service. To be certain, please request modification or deletion of your information at any time by sending an email to [email protected], with your first and last name and the URL of all the Social Profiles you have connected to the Service. Such a request will have to be sent from the email address used to create your account on the Service.

Please note that certain personal information may need to be retained by AreTheyHappy for a period of time following cancellation of your account where this is necessary for our legitimate business purposes or required or authorized by applicable law.

You should be aware that AreTheyHappy acts as a conduit between our Customers and the various Supported Platforms we support. In several instances, the content published via AreTheyHappy will not be in AreTheyHappy’s custody or control, and any content that has been shared by you through any Supported Platform via the Services may continue to be available to third parties and the public at large, as this content is now under the control of the operators of the Supported Platforms.

AreTheyHappy does not rent or sell your Customer Personal Data or Customer Content, but we may disclose such data to a limited set of trusted third parties in the situations explained below, for which you, by using our Service, hereby explicitly consent. We will disclose your personal information where we are bound to do so, at law or via a court order as well as to meet any legal or regulatory requirement or obligations. We will use all reasonable efforts to ensure that those requirements or obligations are in accordance with applicable law;

We reserve the right to disclose your information to any third party if we have reasonable information to believe that the disclosure is necessary for the purpose of an investigation and/or for the enforcement of any breaches of the Terms of Service (if applicable), to detect, prevent or otherwise address fraud, security, technical issues or other irregularities or illegalities, protect the rights and interests as well as the property of AreTheyHappy;

We reserve the right to disclose your information to parent companies, subsidiaries, joint ventures, or other companies under common control with AreTheyHappy;

We reserve the right to disclose your information if we are acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Privacy Policy or inform you that you are covered by a new privacy policy);

7- Notices and revision to the Privacy Policy

If You have any concern about your privacy, you are kindly requested to forward an email to AreTheyHappy at [email protected]containing a detailed description of your concerns. AreTheyHappy will do its best to resolve such issues within a reasonable time.

We may revise this Privacy Policy from time to time. The most current version of the policy, found at https://www.aretheyhappy.com/privacy-policy will govern our use of your information collected and processed from the Service.

7.1- Consent

By using the Service, or submitting personal information to the Service, or collecting personal information from Supported Platforms via the Service, you consent to the collection, transfer, storage disclosure, and use of your personal information in the manner set out in this Privacy Policy. If you do not consent to the use of your personal information in these ways, you shall refrain from using the Service.

7.2- Governing law and dispute resolution

This Privacy Policy forms an integral part of our Terms of Services. The governing law and dispute resolution mechanism found in Our Terms of Service shall also apply to Our Privacy Policy.

7.3- Definitions

“EU Data Protection Law” means (i) prior to 25th May 2018, European Union Directive 95/46/EC; and (ii) on and after 25th May 2018, European Union Regulation 2016/679 (“GDPR”).

“End-User(s) or User” means a user of a “Supported Platform” who interacts with an AreTheyHappy Customer through that Supported Platform

“End-User(s) Message” means a private or public message sent by an End User to any of our Customers via a Social Profile. It also means any publicly available content posted by an End User on a Supported Platform that can be searched and retrieved by a Customer via a public search on the concerned Supported Platform or using the Service through available Supported Platforms’ APIs.

“Personal Data” has the meaning given to them in the GDPR

“Service” means services provided to you by AreTheyHappy based on the plan you have purchased.

“Site” shall mean the website www.aretheyhappy.com, in addition to any sub-pages that are integrated within this website;

“Social Profile” may mean a personal, but for most of our Customers, a business profile created by them on a Supported Platform. That includes, but is not limited to: Facebook company pages and Facebook groups, Twitter profiles, Instagram business profiles, TripAdvisor profiles, Yelp profiles, Foursquare profiles, and Google My Business company pages, and other social channels as described on the Site.

“Supported Platform(s)” means the social networking site(s) currently supported by the Service, including Twitter, Facebook, Instagram, Google My Business, TripAdvisor and other social channels as described on the Site;

All capitalized terms that are not otherwise defined herein shall have the meaning given to them in our Terms of Service which can be found at https://www.aretheyhappy.com/terms-of-service.

AreTheyHappy’s Privacy Policy forms part of its wider Terms of Service. Both the Terms of Service and the Privacy Policy apply to your use of the Service.