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Terms & Conditions

Revised date: 2023-08-30
 

These terms and conditions of use govern your use of the entire seekda.com domain and Web site (referred to hereafter as the “Site”). The Site is the property of Seekda GmbH and its licensors.  BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE: IF YOU DO NOT AGREE, DO NOT USE THE SITE.  Kognitiv may modify these terms and conditions from time to time at its discretion and without notice, and such modifications shall be effective immediately upon posting of the modified version on the Site. Your continued use of any part of or the entire Site will constitute your agreement to any such modifications. Your use of the Site (including any submission of Submissions (defined below)) must comply with these terms and conditions, all applicable laws and Seekda policies.

 

Rights in the Site

The Site and all of its content are protected by copyrights, trade-mark, and other applicable intellectual property and proprietary laws, and is owned, controlled, and/or licensed by Seekda and/or its affiliates or licensors. The Site and its contents are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Site without the expressed written consent of the applicable rights holder.

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Use of the Site

You may not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Site. You will use the Site and any contents of the Site solely for lawful purposes. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content. You may not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions of use. No permission is given to you to link or provide references to the Site and to use any of Seekda’s icon, site address, and trademarks to provide such links or references, unless you have written agreement with Seekda’s permission.

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Seekda may or may not request submissions, including but not limited to reader comments, questions, testimonials, unsolicited manuscripts, transparencies, illustrations or the like (collectively “Submission(s)”). By accessing the Site, you acknowledge that you are responsible for whatever Submissions you submit, and you, not Seekda, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Seekda may welcome your comments on the Site however, whether in response to a specific request for Submissions or not, Seekda and its partners shall have no obligation to review or respond, in any manner, to said Submissions. Notwithstanding the foregoing, Seekda reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Seekda and its partners do not accept any responsibility for the safe arrival of any Submissions. You agree that any Submission that you submit to the Site, to Seekda or its third-party suppliers will be treated as non-confidential and non-proprietary.

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Any Submission you do make to Seekda, whether requested or not, shall become the exclusive property of Seekda. By submitting, such submissions, you grant Seekda, its affiliates and assignees a worldwide, royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, publish, republish, distribute, edit, store and archive such Submissions in whole or in part in any form or medium whatsoever, without liability and without compensation of any sort. You further irrevocably waive any moral rights with respect to your Submissions, in connection with our exploitation of the rights granted to us in this Agreement. You agree that Seekda shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such Submissions. In making a Submission, you knowingly and expressly agree with these terms and conditions of use. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Submissions.

Privacy and Collection of Personal Information

Seekda’s Privacy Policy applies to use of the Site, and its terms are made a part of these terms and conditions of use by this reference. To view Seekda’s Privacy Policy.

The Site uses cookies and other device identifying technologies to provide you with a better experience when using the Site.  To view our Cookies Policy, click here.

Information Accuracy

Seekda uses commercially reasonable efforts to ensure that the information contained on the Site is accurate but does not in any way guarantee the accuracy, completeness or authenticity of such information. All information is provided for informational purposes only and is not intended for trading or other purposes. Seekda assumes no responsibility with respect to the sequence, accuracy, or completeness of any such information and is not liable or responsible in any way for any delays, inaccuracies, or errors in any such information or in the transmission of any such information.

Representations and Warranties

By using or accessing the Site or submitting any Submissions, you represent and warrant that you:

  • are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;

  • have obtained all necessary approvals, consents and authorizations from any third party to submit any information, including Submissions or personal information, and to delete and/or modify such information; and

  • have submitted or will submit, information, content or material which is true and accurate.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Seekda makes no warranty, express or implied concerning the content, software or services available through the site which are provided “as is” and “as available”. Seekda does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. Seekda does not represent or warrant that there will be no failures, errors, omissions or loss of transmitted information, or that no viruses will be transmitted due to the exposure or use of the site.

Seekda, its affiliates, its licensors and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose, warranties of title and non-infringement and warranties of merchantability and shall in no way be responsible or liable for direct, indirect, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, time, interruption, loss of information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the sites or any other site you may access through the site, including but not limited to the reliance on or use by you or any other person of any of the information, opinions or products advertised, expressed, or otherwise, that are contained in the site or any other site you may access through the site, even if advised of the possibility of such damages. You expressly agree that use of the site is at your sole risk.

Links to Third Party Sites

The Site may provide you with convenient links and references to third-party web sites. The inclusion of any information, material, content or links on the Site should not be necessarily construed as an express nor an implied endorsement of any third-party products or services. Unless otherwise indicated, these third-party sites and content are provided for your convenience only and not maintained, operated or controlled by Seekda, and Seekda has not reviewed the content thereof, does not provide any representations or guarantees with respect thereto and takes no responsibility for the content thereof. You assume sole liability for the use or access of such third-party sites and content.

The Site may also provide you convenient links and references to other web sites run by Seekda’s related companies. Terms and Conditions for the use of these web sites can be found on the respective web sites of each company. The content of these or the third-party web sites is in no way incorporated into the Site.

Indemnification

As a condition of your use of the Site and to the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Seekda, its affiliates, licensors, related companies, partners, suppliers and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of these terms and conditions of use; (b) your use of the Site and any content contained in the Site; and (c) the submission of any Submissions on the Site made by you. Seekda reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

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Recourse

If you are dissatisfied with the Site or with these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you from the Site and all copies thereof. These terms and conditions of use shall survive any such termination.

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Governing Law and Other Terms

By using the Site you agree that these terms and conditions of use are governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada. You expressly agree that any legal suit, action or proceeding arising out of or related to the Site or these terms and conditions of use must be instituted in courts of Ontario Canada.

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations.

No waiver by either Seekda or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

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Trademarks

The logos of Seekda and its related companies are trademarks of such companies. Any other trademarks, or corporate, trade or domain names used in the Site are the property of their owners. Other product, services and company names mentioned herein or on the links hereto may be trademarks and/or service marks of their respective owners.

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Miscellaneous

These terms and conditions of use, including all other documents referenced herein are binding and constitute an agreement between Seekda and you with respect to your use of the Site. If any part of these terms and conditions of use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining portions hereof.

Seekda’s failure to insist upon or enforce strict performance of any provision of that agreement shall not be construed as a waiver of any right on its part.

You expressly agree that these terms and conditions of use and all ancillary documents be drafted solely in English..

Privacy Policy

Revised date: 2020-08-30
 

This Privacy Policy applies to the company and explains how we collect, record, hold, store, use, disclose or otherwise process (collectively “Process”) personal information.

Personal information (also referred to as “personal data” in some jurisdictions) is any information, or a combination of pieces of information, that can be used to identify you or that we can link to you, including but not limited to a name, address, email address or telephone number.

Our primary activity is assisting our clients in relation to their own loyalty and rewards programs and other customer related marketing functions, and helping our retailer clients and their suppliers understand their business performance and customer behavior (together, “Programs”). Where you are a member of, or otherwise participate in a Program, or are interested in or eligible to become a member of a Program, we may have access to your personal information. We Process this personal information on behalf of our clients, and our clients are responsible for its collection and use. Where European data protection law applies, Seekda entities are ‘processors’ of this personal information and, where they are required to by applicable data protection law, our clients will explain more about how personal information is used in their Programs.

Despite the above, we collect some personal information for our own use and this Privacy Policy describes the purposes for which we carry out that Processing. Unless we inform you otherwise, the Seekda entity that you enquire about, communicate with, whose website you visit (where that website links to this Privacy Policy), or that you receive services from or provide services to is responsible for the collection and use of your personal information. Where European data protection law applies, this entity is known as the ‘controller’.

This Privacy Policy does not apply to:

  • the Air Miles Middle East program, which has its own distinct privacy policy available on the Air Miles Middle East website that describes how personal information is used in that program; or

  • collection and use of information relating to our staff (including our employees, interns, consultants, and independent contractors). These individuals can obtain further information about the Processing of their personal information by contacting their local People & Culture department; or

  • collection and use of personal information during our recruitment processes. Further information about the Processing of personal information during the recruitment process can be obtained by contacting your local People & Culture department.

To ask questions about our privacy practices, change your marketing preferences, issue a complaint or exercise any of the rights that applicable data protection law grants you in relation to your personal information, please contact us using the details at the end of this Privacy Policy.

1. COLLECTION OF PERSONAL INFORMATION

We will collect personal information about you for our own use from a variety of sources, including directly from you and from other sources, as described below.

We collect personal information directly from you when you:

  • visit our website(s) which link to this Privacy Policy;

  • enquire about, access or use our services;

  • contact us with questions, requests or comments;

  • submit requests for brochures, to join a mailing list or to be contacted for further information about our products or services;

  • enter competitions or trade promotions conducted by us or on our behalf;

  • contact our call centres or otherwise request support from us; respond to surveys or research conducted by us or on our behalf.

The types or categories of personal information we will collect and Process will depend on the circumstances, and may include:

  • contact details (e.g., your name, address, email, phone numbers);

  • in some cases, information required for you to do business with us, including bank account details, and any other relevant financial information;

  • information on prior dealings with Seekda;

  • age and information on personal lifestyle preferences;

  • information that you have provided to us, for example, contact details, details of a question or request; and

  • information we collect automatically from you, such as statistical information regarding the use of the Seekda websites, including cookies, website users’ IP addresses and the dates and times of visits. Further information about our use of cookies and tracking technologies is available in our Cookie Policy, which can be found here.

  • Where permitted by applicable law, we may also collect and Process personal information from other sources for our own use, including but not limited to information from:

    • social media platforms (for example, when you interact with us on those platforms or access our social media content); and

    • publicly available or publicly accessible sources.

The categories of information that we collect about you from other sources may include:

  • personal details (e.g. name, date of birth); and

  • contact details (e.g., your address, email, phone numbers).

  • commercial information (e.g., your employer, position, experience)

Please note that we may be required by law, or as a result of a contractual or other relationship we have with you, to collect certain personal information about you. Failure to provide this information may prevent or delay the fulfilment of these obligations. Where required by law, we will inform you at the time your information is collected whether its provision is compulsory and of the consequences of the failure to provide such information.

Our websites are not directed toward individuals under the age of 16 and we do not knowingly or intentionally collect or process personal information from individuals under the age of 16.

Our website does not honour “do not track” settings on web browsers and does not offer you the opportunity to request that we not track your use of its services except as otherwise stated in this Privacy Policy or our Cookie Policy.

2. USE AND DISCLOSURE OF PERSONAL INFORMATION

We Process your personal information to:

  • communicate with you regarding our companies, products and services;

  • supply products or services to you and our clients;

  • obtain products and services from our suppliers;

  • respond to enquiries from existing or prospective clients seeking information about our products or services;

  • facilitate the transactions that you have or may have with Seekda;

  • maintain our internal records and the security of our systems, services and premises;

  • enforce agreements between you and Seekda;

  • undertake research, conduct surveys and analyse statistical information, including about the use of our websites;

  • conduct competitions and trade promotions;

  • comply with legislative and our policy requirements, including in relation to occupational health and safety and environmental matters;

  • respond to the enquiries, questions or requests you have contacted us with; and

  • where permitted by applicable law, contact you with or display marketing and offers relating to products and services offered by us, and personalise the marketing messages we send you to make them more relevant and interesting.

We may automatically Process your personal information to evaluate personal aspects and predict outcomes. For example, we may make automated decisions about you based on your personal information to show tailored content on our websites. These types of decisions will not have legal or similar effects for you, but you can still contact us for further information.

European data protection law requires us to have a legal basis to Process your personal information. In most cases where we need a legal basis, it will be one of the following:

  • to fulfil our contractual obligations to you, for example to provide the services you have requested. Failure to provide this information may prevent or delay the fulfilment of these contractual obligations;

  • to comply with our legal obligations; or

  • to meet our legitimate interests, for example to understand how you use our services and to enable us to derive knowledge from that information to develop new services. When we Process personal information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.

We may also obtain your consent to collect and Process certain types of personal information when we are required to do so by law (for example, in relation to our direct marketing activities, our use of cookies and similar technologies (for more information please see our Cookie Policy)). If we ask for your consent to Process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this Privacy Policy.

In carrying out our business, we may share your personal information with third parties, For example:

  • Affiliated companies: we may share personal information, including for example, information relating to your inquiry about our services, between with and among our affiliated companies.

  • Service providers: like most large organisations we use a range of service providers to help us maximise the quality and efficiency of our services and our business operations. This means that individuals and organisations outside of Seekda, such as primary and secondary research providers, analytics, insight and consultancy providers, reward fulfilment suppliers and mail houses, will sometimes have access to personal information held by us and may use it on our behalf.

  • Law enforcement agencies, courts, regulators, government authorities or other third parties: we may share personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.

  • Asset purchasers: we may share personal information with any third party that purchases, or to which we transfer, any of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this Privacy Policy.

3. TRANSFERRING PERSONAL INFORMATION OUTSIDE THE JURISDICTION IN WHICH IT WAS COLLECTED

We may disclose personal information to destinations outside the jurisdiction from which it was collected.

In the conduct of our business, we disclose to, hold or access personal information from various countries, including without limitation, Australia, Bahrain, Canada, European Union Member States, Hong Kong, South Korea, Japan, Malaysia, Singapore, Qatar, Thailand, United Arab Emirates, United Kingdom, and the United States of America.

The privacy laws of the countries to which we transfer personal information may not provide the same level of protection as the privacy laws of the country from which the personal information was collected or be regarded as ensuring an adequate level of protection for personal information under European data protection law.  However, this does not change our commitments to safeguard your privacy and we will put in place appropriate safeguards in accordance with applicable legal requirements to ensure that your personal information is adequately safeguarded. For more information on the appropriate safeguards in place, please contact us using the details below.

4. BUTTONS AND LINKS TO OTHER WEBSITES

Our websites may contain links to third party websites, content embedded in our websites that comes from or relates to other websites and services, and buttons from other websites and services such as social media websites. These third-party websites and services may use cookies or other tracking devices to collect and track information about you across the Internet – please see our Cookie Policy for further information.  As well, these third party websites and services are not under our control and we are not responsible for the content of those websites or services, their data collection practices, nor their privacy practices, and those websites and services are not subject to this Privacy Policy. Before disclosing your personal information on any other website or service we recommend that you examine the terms and conditions and privacy policy of that website or service. Seekda is not responsible for any practices on third party website or service that might breach your privacy.

5. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

Subject to local applicable law, you have a number of rights in relation to your personal information, including the right to:

  • access your personal information;

  • rectify the personal information we hold about you;

  • erase your personal information;

  • restrict our use of your personal information;

  • object to our use of your personal information;

  • receive your personal information in a usable electronic format and transmit it to a third party (this is known as the ‘right to data portability’); and

  • lodge a complaint with your local data protection supervisory authority.

If you would like to discuss or exercise such rights, please contact us at the details below.

We encourage you to contact us to update or correct your personal information if it changes or if the personal information we hold about you is inaccurate.

We will contact you if we need additional information from you in order to honour your requests.

6. SECURITY OF YOUR PERSONAL INFORMATION

We will endeavour to take all reasonable steps to keep secure any personal information which we hold about you, and to keep this personal information accurate, up to date and complete. We require our employees and service providers to respect the confidentiality of any personal information held by us, and implement appropriate safeguards as required under local applicable law.

7. RETENTION OF PERSONAL INFORMATION

We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

  • maintain business records for analysis and/or audit purposes;

  • comply with record retention requirements in accordance with applicable law;

  • defend or bring any existing or potential legal claims; and

  • deal with any complaints regarding the products and services we provide.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the information.

8. CONTACTING US

If you have any concerns or complaints about how we Process your personal information, or if you have any questions about this Privacy Policy, please contact us at privacy@seekda.com.

Seekda has appointed a data protection officer.  The data protection officer can be contacted at: privacy@seekda.com.

Subject to local applicable law you also have the right to lodge a complaint with your data protection supervisory authority. For individuals in Europe, the relevant data protection supervisory authority will be that in the European country where you work, reside or where the subject-matter of your complaint arises.

9. FUTURE CHANGES TO THIS PRIVACY POLICY

We operate in a dynamic business environment. Over time, aspects of our business may change as we respond to changing market conditions. This may require our policies to be reviewed and revised. We may change this Privacy Policy at any time. The most current version of this policy will govern our use of your information and will always be available via a link from our website. Please check this link often for changes. Where changes to this Privacy Policy will have a fundamental impact on the nature of the Processing or otherwise have a substantial impact on you, we will give you sufficient advance notice on our website so that you have the opportunity to exercise your rights (e.g. to object to the Processing).

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