Information on the processing of personal data according to and for the purposes described in Article 13 of the new European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data (General Data Protection Regulation - AVG)
Poké Perfect Beheer B.V. headquartered in Amsterdam, at Prinsengracht 502H, 1017KH, registered with the Chamber of Commerce under number 70794332 and VAT no NL858462242B01 (hereinafter referred to as "Poke") is continuously committed to protecting the privacy of its users. This document has been prepared in accordance with Article 13 of General Data Protection Regulation (EU Regulation 2016/679) (hereinafter referred to as the "Regulation") to let you know how we handle your personal data when you (i) use the website www.pokeperfect.nl visits, (ii) reaches rewards.pokeperfect.co.uk by scanning our QR code on our website and/or on promotional materials (flyers, in-store marketing, etc.) and (iii) when you use Poké Perfect Rewards (hereinafter referred to as the "Mobile Wallet"), which will keep you informed of all new initiatives and offers addressed to you ((i), (ii) and (iii) are hereinafter collectively referred to as the "Platforms") and, if applicable, how we handle your personal data when you have given your explicit consent to the processing of your personal data. If you have consented to the processing of your personal data, you may also withdraw this consent at any time.
In accordance with the Regulation, the processing of personal data as carried out by Poke takes place according to the principles (mentioned in Art. 5 of the Regulation) of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation , integrity and confidentiality.
In addition, we would like to remind you that the services offered by Poke through the Platforms are intended only for persons aged 16 and over. For persons under 16 years of age, use of the Services is allowed only with the consent of their parents or guardian. If Poke discovers that it holds personal data of persons under 16 without valid consent of a parent or guardian, it will delete such data immediately.
For some of our services, we may process your personal data to fulfil a legal obligation. In such a case, we will provide you with all relevant information on a case-by-case basis.
The controller of your personal data is Poké Perfect Management B.V. headquartered in Amsterdam, at Prinsengracht 502H, 1017KH, registered with the Chamber of Commerce under number 70794332 and VAT no.
NL858462242B01 (hereinafter referred to as "Poke"). You may contact the controller at any time by sending a request to [email protected], if you require clarification, have questions or wish to address other matters concerning your privacy and the processing of your personal data.
Type of personal data and purpose of processing these personal data
Poke processes the personal data you provide when you place an order and purchase products, the information it collects when you use the services offered on the Website and the information you provide when you subscribe to the Newsletter.
For these activities, Poke processes certain personal data about you, such as:
- Your name, surname, gender, date of birth, language, the city where you usually eat at Poke;
- Your address, phone number, e-mail address and other contact details required to deliver an order
- Navigation data (IP address, login details, browser type and version, browser plug-in types and versions, operating system and platform, data about your visit, such as the clickstream URL to/via/from the website);
- Data about your buying habits of our products (e.g. your favourite poké bowl);
- Your e-mail address when you subscribe to our newsletter service and/or obtain your Mobile Wallet;
- We process the personal data you offer us when you contact our Customer Service Department so that we can provide you with the support you need;
- The data you provide to us when you register on the Platforms and use the services available to registered users, such as, but not limited to, promotions, updates on our products, discounts, etc. This activity is only possible when you enter certain personal data necessary to verify the identity of the specific user;
- The data contained in a CV you send us; this information is used exclusively to evaluate your compatibility against open positions. CVs are kept for a maximum of six months.
If you do not wish to receive any further communications from Poke or decide to withdraw your consent, you can let us know by simply clicking the 'unsubscribe' link at the bottom of each communication, by logging into your Mobile Wallet and clicking on the three dots in the top right corner of the map and/or by contacting our Customer Service Department by emailing [email protected]. You may receive further communications from us after your unsubscribe request has been sent, as certain communications have already been scheduled and our systems need time to process your request.
In relation to the above activities, we process your personal data mainly through ICT and electronic means. The means we use guarantee high security standards that fully comply with the current regulations in force.
Your personal data will be processed for the following purposes:
- Statistical analysis and questionnaires. Certain information on the use of the Platforms is used to carry out statistical analyses and questionnaires to improve our offer and services and to carry out promotional and marketing activities;
- Providing services available on the Platforms, such as, among others, sending push notifications, when you give us your consent;
- Sending communications regarding actions with limited validity (e.g. based on a time slot and/or period), in the form of discounts and/or free products, via the Mobile Wallet;
- With your consent, the contact details provided may be used for commercial communications through our newsletter regarding our products and services, offers and promotions, exclusive offers, the arrival of new products, etc. These communications are offered through various methods, such as, for example, but not limited to, via e-mail, SMS, phone calls, WhatsApp messages, communication channels using social media like Instagram or Facebook, etc;
- Poke personalises your experience by suggesting products and offers based on your tastes and does so by sending you commercial communications based on your interests or on the data you provide (gender, date of birth, etc.), through various methods, such as, for example, but not limited to, via email, SMS, phone calls, WhatsApp messages, communication channels using social media like Instagram or Facebook, etc;
- To comply with our obligations under current laws, regulations or Community legislation or to fulfil requests we receive from competent authorities;
- To meet specific requests received by Poke;
Personal data you provide voluntarily
Legal basis for processing personal data
The legal basis for the processing of your personal data is according to point (b) of paragraph 1 of Article 6 of the Regulation ([...] processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to the conclusion of a contract), as the processing is necessary for the provision of our services. Providing your data for these purposes is optional, but failure to provide or withdrawing consent to the use of your data will make it impossible for Poke to offer you its services.
Once the data is provided, its processing is necessary for compliance with a legal obligation incumbent on Poke. The purpose represents lawful processing of your data according to point (c) of paragraph 1 of Article 6 of the Regulation ([...] processing is necessary for compliance with a legal obligation incumbent on the controller).
The processing of your data carried out primarily for marketing purposes as referred to in points (d), (e) and (f), of Article 3 takes place on the basis of your consent in accordance with point (a) of paragraph 1 of Article 6 ([...] the data subject has consented to the processing of his/her personal data for one or more specific purposes). The provision of your data for the above purposes is thus entirely optional and does not affect the services Poke offers you through the Platforms.
If you wish to object to the processing of your data for the above purposes, you may contact us at any time at the following address: [email protected].
The processing activities carried out for profiling purposes referred to in (g), of Article 3 shall take place on the basis of your consent in accordance with point (a)(1) of Article 6 ([...] the data subject has consented to the processing of their personal data for one or more specific purposes) and point (c) of paragraph 2 of Article 22 of the Regulation.
One of the services available on the Platforms is the ability for users to receive push notifications informing that you are near a local Poke, if you have given your explicit consent to do so. This location data is not transmitted and not made available by Poke outside your mobile device;
In contrast, and only with your explicit consent, Apple and/or Google systems process your location data to offer you services (such as suggesting your nearest branch). You can always turn off access to your location data via the settings on your device.
Your personal data will be processed by personnel trained and instructed for this purpose by Poke in its capacity as a Controller. Your data may also be processed by entities doing so on behalf of Poke as a Processor, in accordance with currently applicable law. Where such Processors are located in non-EU Member States, the transfer of your personal data to such Processors will take place in accordance with the Regulation.
Transfer of personal data
Your data may also be shared with:
- Parties that typically act as data processors, such as i) individuals, companies or professional firms that assist and advise Poke in accounting, administrative, legal, tax and financial matters; ii) parties with whom it is necessary to cooperate in order to provide our services and/or operate our Platforms (such as hosting providers, payment administrators, parties authorised to carry out technical maintenance activities on the Platform and/or the servers on which your data is stored);
- Persons, entities or competent authorities to which Poke is obliged to disclose your data according to legal provisions or orders issued by the competent authorities;
Persons authorised by Poke to process personal data for the performance of activities strictly related to the provision of our services who have undertaken to maintain confidentiality or have an appropriate legal obligation of confidentiality (hereinafter collectively referred to as the "Recipients").
Your personal data will be held on servers and processed by Poke within the European Economic Area. Poke assures that the processing of your data by these Recipients takes place in accordance with the Regulation.
Poke assures that the processing of your data by these Recipients is done in accordance with the Regulation.
Transfers can be based on the adoption of decisions on the adequacy of security measures, model contractual clauses approved by the European Commission or any other appropriate legal basis.
Your personal data will be kept for a limited period of time, which depends on the purpose for which it was collected. At the end of this period, your personal data will be deleted, irreversibly anonymised and/or disabled. The storage period depends on the processing purpose. For example, the data we use to send you our newsletters will be stored until you ask us to stop sending newsletters and to remove you from the mailing list.
More specifically, personal data processed for the purposes described in points a) and b) of Article 3 shall be kept only for the period strictly necessary to achieve these purposes. As the processing takes place for the provision of services, Poke will in any case retain your data for the period prescribed by and allowed by Dutch law.
Data processed for the purposes described in point (c) of Article 3 shall be retained for the period prescribed by the specific obligation or applicable law.
In relation to the purposes described in points d), e), f) and g) of Article 3, your data will generally be processed until you withdraw your consent. In all cases, Poke applies rules that prevent the retention of data for an unlimited period of time and limit the storage period in line with the principles of minimising data processing.
Your personal data will be processed by either electronic or in any case automated methods and by telematic or manual processing with a retention justification strictly related to the purpose for which such data were collected and, in any case, in a manner ensuring the same security.
More information on this topic can be requested by sending us an e-mail at the following address: [email protected].
According to Article 15 et seq of the Regulation, you have the right to request Poke to access, rectify, delete or object to the processing of personal data collected about you at any time. You have the right to request a restriction on the processing of your personal data in the cases described in Article 18 of the Regulation and to obtain the data about you in a structured and commonly used electronic format in the cases described in Article 20 of the Regulation.
These requests can be made in writing to the following e-mail address: [email protected]
More specifically, your rights consist of the following:
- Access and modification of data: You have the right to access your personal data and request to have it corrected, amended or supplemented with other data. We will also send you a copy of the data about you in our possession, if you so wish.
- Withdrawal of consent: you may at any time withdraw the consent you have provided for the processing of your personal data in relation to activities carried out for marketing purposes (such as sending commercial and promotional communications, conducting market research and questionnaires, Platform personalisation and commercial offers). Once your consent is withdrawn, we will immediately stop processing your personal data on the basis of such consent, but will continue to carry out other processing activities in full compliance with the provisions in force at that time.
- Object to the processing of your personal data: you have the right to object at any time to the processing of your personal data carried out on the basis of a legitimate interest of ours, with an explanation of the reasons justifying your request. Poke will examine the reasons for your request.
- Deletion of personal data: in the cases prescribed by current legislation, you may request the deletion of your personal data. Once we have received and examined your request, and if we consider it justified, we will immediately stop processing and delete your personal data.
- Temporary restriction of processing of personal data: in this case, Poke retains your personal data but does not process it, without prejudice to the exceptions prescribed by law. The restriction of processing may be requested if you object to the accuracy of your personal data, to unlawful processing, if you are exercising rights in court and if you object to the processing during the period in which we evaluate the reasons for your request.
- Transfer of your data to a third party ("right to data portability"): you can request to receive your data. When technically possible, your data may be transferred to a third party of which you have informed us.
If you believe that the processing of your personal data has been carried out unlawfully, you can lodge a complaint with the data protection compliance supervisory authority. In the Netherlands, according to Article 77 of the Regulation, the complaint can be filed with the Personal Data Authority. More information on how to file a complaint is available on the website of the Personal Data Authority: https://autoriteitpersoonsgegevens.nl
Your personal data are processed using specific technical and organisational security measures aimed at preventing unlawful or unlawful use. More specifically, we apply measures that ensure the pseudonymisation and/or encryption, confidentiality, integrity and availability of your data. In addition, Poke is committed to regularly testing, verifying and evaluating the effectiveness of technical and organisational measures for continuous improvement in data processing security.