Reward Gateway (UK) Ltd ("we", "us" or "our") is committed to protecting and respecting your privacy.

This Privacy Notice ("Notice") sets out the basis on which any personal data we collect from you or from third parties, including Marks & Spencer (the "administrator") who we have entered into a Licence Agreement with, about you on this website (the "programme", "My Choices") will be processed by us.

We will be the Data Controller of your personal data which you provide to us or which is collected by us via My Choices. This means that we are responsible for deciding how we hold and use personal information about you and that we are required to notify you of the information contained in this Privacy Notice ("Statement"). It is important that you read this Statement so that you are aware of how and why we are using your personal information and how we will treat it.

We have appointed a Data Protection Team, who can be contacted using the details at the end of this Notice should you have any questions, complaints or feedback about your privacy.

The Type of Information We Collect From you and How We Use It

We will collect various types of personal information from you when you use My Choices, depending on the services which you use. Further details of how we use your personal data are set out below.

In this section, we have indicated with asterisks whether we need to process your personal data:

• * to enter into and/or to perform our contract with you to provide the services via My Choices;
• ** to pursue legitimate interests of our own or of third parties, provided that your interests and fundamental rights do not override those interests;
• *** to enable us to comply with our legal obligations; and/or
• **** with your consent.

Before you register

Before you register on My Choices, to allow us to carry out our eligibility checks* we will ask the administrator to provide two pieces of unique information about you (such as your postcode, start date or date of birth).

The administrator will provide your Employee number and Date of Birth to us to allow us to establish that you are eligible to register on My Choices**.

The administrator will sometimes also provide the information necessary to allow us to conduct National Minimum Wage and Basic Earnings assessments automatically on their behalf when we are required to do so***/** (see When you enter into a salary deduction agreement with the administrator section below for more details).

When you register

In addition to the personal data provided to us by the administrator, when you register on My Choices we will also collect and store personal information about you, such as your name, company identifier, email address, password, postcode, a contact telephone number, gender and date of birth. At the administrator’s choice, we may also collect additional information about you such as your office location.

You will also need to provide the information necessary to allow us to carry out our eligibility check (which will vary dependent on the information provided by the administrator, see above).

This information will be used in order to complete your registration and to allow you to use My Choices*. You will not be able to register without at least providing your name, email address and password, as these are used to secure your account and to allow us to confirm your identity if you contact the support team.

When you login

Each time you log in to My Choices, we automatically conduct checks against your Internet Protocol (IP) address to ensure your security. This includes looking up your IP address against a “proxy denylist” to check that someone is not using your credentials and trying to hide their location**. This proxy denylist is operated by MaxMind, Inc. If your IP address appears on it, we will not allow you to login.

We also look up the IP address in a static database we download from MaxMind Inc. to check which country the IP is affiliated with. This helps us to further protect your account against people who may have access to your credentials**. If we do spot a change, we will alert you that a login has occured from a new device or location.

This information along with time and event data (such as successful or failed logins) are also recorded in our database for audit purposes**.

Depending on the services you use on My Choices, we may collect and process additional personal data about you, as set out below.

When you use Cashback

If you visit a Cashback retailer on My Choices, we will record that you clicked and visited their website for the purpose of tracking the Cashback earned*. We will provide the retailer with a pseudo-anonymous ‘click reference’ to allow us to attribute the purchase and Cashback to you.

Each of these retailers are independent on My Choices so you should check their privacy terms to make sure you are happy with them before providing any other details to them.

If you have a problem with the retailer and your Cashback, we may need to provide them with additional information about your order to help**. We will ask you for the minimum information we need to do this, but you will be responsible for the accuracy and level of detail it contains.

When you withdraw your Cashback

If you make a request for a Cashback withdrawals to your bank account, you will need to provide your bank details for us to process the withdrawal but we will only store your bank details until the withdrawal is processed*. They will be shared with our bank, HSBC, to process your request after which all the details will be destroyed.

Alternatively you will be able to withdraw your Cashback as part or full payment for goods on My Choices or ask us to donate it to the nominated charity on My Choices*.

When you make a debit or credit card purchase

If you choose to purchase goods using a credit or debit card through My Choices, we will collect your payment details from you and pass them to Checkout.com, our secure payment processors, who will use them to process the payment*. We do not store or process your credit or debit details on our servers.

We will also collect your delivery address from you, and use the contact details previously provided, to allow us to process the order*.

If you opt-in to saving your credit or debit details for future use on My Choices, your information will be stored securely by our payment processor. You can update or remove these at any time.

Where goods are dispatched by a third-party supplier, we may need to share your information with them to fulfil your order, such as your contact details and delivery address*. This will be clearly indicated to you at the point of purchase. You will be able to review these suppliers’ privacy terms before any information is shared with them.

We will also carry out a fraud check during the order process. This check is carried out by our third party provider, Sift Science (“Sift Science”)**. Sift Science will only act in accordance with our instructions and how they will process your personal data is set out below.

Sift Science will collect information about your behaviour on the portal (such as the length of time between logging in and reaching checkout), technical information about the device used (such as your browser version and IP address) and the details you enter at checkout (such as your contact details and delivery and billing address).

After you have placed your order and before goods are dispatched, Sift Science will use this information to provide us with a score based on the likelihood of fraud. The score provided determines whether your order is automatically accepted by us or queued for our human review. If it is queued for human review, we will carry out a manual fraud check to decide whether to accept or refuse your order or, in some circumstances, require payment to be made by an alternative, more secure mechanism such as a bank transfer. For more information about this processing activity, please contact us using the details provided at the end of this Notice in the “Contacting Us” section.

After too many failed orders

If too many failed orders originate from your account, we will automatically restrict access to your account. Before allowing you to access your account again, we will notify you and ask you for further supporting documents such as your driving licence, council tax bill or statement, bank or credit card statement, utility bill or payslip, as evidence that it is you attempting these orders**. If these documents are not to our satisfaction, we may contact the administrator with the intention of verifying that it is you using your account in this way**.

These supporting documents will only be used for the purpose of verifying your identity, will not be shared with any third parties and will only be retained by us until we have reviewed them, even if we are not satisfied with their legitimacy or authenticity.

You do not need to provide these supporting documents to us but, if you choose not to, then we will not be able to provide you with access to your account.

When you enter into a salary deduction agreement with the administrator

If you choose to purchase goods through My Choices and enter into a salary deduction agreement with the administrator, such as Childcare Vouchers, Cycle to Work, Smart Tech or Holiday Trading, we will collect your name, address, IP address, browser details, payroll information, and deduction amount. This information will be provided to the administrator as proof of your electronic signature of the salary deduction agreement and to enable them to administer the deduction and pay us for the goods on your behalf*.

Additionally, if the administrator has provided us with the information necessary such as your payroll and salary information (see National minimum wage and national living wage for more details), we will use this information to conduct the National Minimum Wage check on their behalf in line with the parameters they have provided***. The employer is legally obliged to conduct such as check.

If they have not provided us with this information, we will ask you to provide it instead.

If the administrator provided us with the information necessary to conduct the National Minimum Wage check, we will conduct the check and automatically approve or forward your application for salary sacrifice benefits to them for review. For more information about this processing activity, please contact us using the details provided at the end of this Notice in the “Contacting Us” section.

If you provide us with the information necessary to conduct the National Minimum Wage check, then we will conduct the check but the results of all checks will be forwarded for review by the administrator before your application is approved or rejected. If you are not eligible, you can contest the assessment with the administrator.

You will not be able to purchase goods through My Choices via a salary deduction agreement unless you or the administrator provide this information to us.

We will also provide the information necessary to the relevant third party benefit provider (see the Disclosures of your Information section) to allow them to provide the benefit to you. This information will vary by benefit provider but will usually contain at least your name and application amount.

Special Information for Smart Tech

When you use SmartTech to purchase technology, your personal information is not shared with a third-party supplier. We obtain vouchers direct from our supplier and issue them to you when you choose to participate in SmartTech.

When you send an eCard or when you make a nomination

If you ask us to send an eCard, you will need to provide us with the name of the person you are sending the eCard to (“the recipient”). If the recipient has already registered on My Choices, we will send the eCard on your behalf to their registered email address****.

If they have not already registered, you will also need to provide an email address which we will send the eCard on your behalf to****. The recipient will be asked to confirm that they have read and understood this notice and agree to our Terms & Conditions before being able to view your message.

You must have the consent of the recipient to give us their name and, if applicable, email address and also any personal information you disclose in your message to them. This information will also be disclosed to the administrator for the purposes of performance management.

When you write a blog or comment / react to content

When you write a blog or comment / react to content on the site, we will display your name and any other personal information you choose to share via your blog or comment**.

When you complete a survey

From time to time you may be invited to participate in a survey run by the administrator.

If you complete a survey, all of the information that you provide in connection with that survey will be provided to the administrator. Please be aware that the administrator controls the survey and what happens to the survey data, which may include using that data for research purposes or making the survey responses public****.

We recommend that you contact the administrator to understand how they will use your survey responses. In some cases, the administrator may decide to provide you with their own separate privacy notice governing the use of your survey data in which case the information you submit in connection with such surveys will be governed by that privacy notice.

When you contact us

If you contact us for support purposes, we will require some information to handle your query. The following data are saved in Zendesk to enable processing: your name, email address, telephone number any other personal information you provide to us for the purpose of dealing with your query.

When you visit My Choices

When you visit My Choices we will automatically collect information about your visit such as the pages you viewed, services you viewed or searched for, length of visits to certain pages, the times and dates of these actions, details of page response times and any download errors that occurred.

We will also collect data from the device and application that you use to access our services, including your IP address (from which we may infer your geographic location), login information and browser type.

If you arrive at our website from an external source (such as a link on another website or in an email) we record information about that source.

We will use the above information in order to:

• to administer My Choices and for internal operations, including troubleshooting, data analysis (including analysing the use of the various services available on My Choices and measuring their popularity and effectiveness), testing, research, statistical and survey purposes, and to comply with our legal obligations**/***;
• to improve My Choices to ensure that content is presented in the most effective manner for you and for your computer / device**;
• as part of our efforts to keep My Choices safe and secure to comply with our legal obligations**/***;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you. We, or our third party advertisers, may use your age or gender to determine whether advertising is relevant to you**;
• to make suggestions and recommendations to you and other users of My Choices about goods or services that may interest you or them**/****.

Other information and uses

We will also collect the personal data you provide when you use My Choices:

• to notify you about changes (permanent or temporary) to our service*.
• to ensure that content from our website is presented in the most effective manner for you and your computer*.
• to administer our website and for internal operations, including troubleshooting, data analysis, testing, research and statistical purposes, and as part of our efforts to keep our website safe and secure**.

Information we receive from other sources

We will combine information we receive from other sources (as set out in this Statement) with information you give to us. We will use this information and the combined information for the purposes set out in this Statement (depending upon the services you access).

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose and permitted under data protection laws. If we need to use your personal information for an unrelated purpose, in most cases we will notify you and we will explain the legal basis which allows us to do so.

Disclosures of your Information

We use service providers to help us to run the website and deliver our services. These service providers will only receive your data if required for the service you are using. They include:

• Amazon Web Services EMEA SARL, a cloud hosting provider that runs the underlying servers for our website;
• Emailcenter UK, a transactional and bulk email gateway, used to send some of our email;
• Mailgun Technologies Inc., a transactional and bulk email gateway, used to send the majority of our email;
• Twilio Inc., a SMS / text-messaging gateway, used if you opt-in for a service that requires us to send you a text message;
• Zendesk Inc., a customer support platform;
• Atlassian Pty Ltd., a ticketing system for our internal teams, used in rare cases if you report a bug to us;
• WalkMe, Inc., Contextual help, support and assistance for My Choices administrators only;
• Google Inc., a web analytics tool only used if you Consent to analytics cookies;
• FullStory Inc., an analytics service provider only used if you Consent to analytics cookies;
• Heap Inc., an analytics service provider only used if you Consent to analytics cookies;
• New Relic Inc., a performance measurement tool only used if you Consent to analytics cookies.

We also share your personal information with:

The Administrator

Because the administrator pays us to operate for you, they’ll want to know how the website is performing. Except as set out elsewhere in this Statement, we will only share information with the administrator on an aggregated and anonymous basis about how often you’ve used the website and what services you used. If you use our SmartSpending discounts product, we will not share information with the administrator about how much you’ve spent, where you shop, and how much you’ve saved as an individual, as we treat this as confidential.

Our Internal Teams and Prospective Retailers

We also use information about you on an aggregated and anonymised basis for internal management purposes, to, share it with current or prospective retailers and to use it to target offers that are made to users of My Choices. This type of information includes, for example, the types of product that you purchase and the value of those purchases. However, you can’t be identified from this information.

Members of our Group

We share personal information with members of our group for the purposes of providing the benefits to you and managing our business: RG Engagement Group Ltd, Reward Gateway Pty Ltd, Reward Gateway (UK) Ltd Branch, Reward Gateway (USA) Inc, International Benefits Holdings Ltd, Asperity Employee Benefits Group Ltd

Other Parties

We will also disclose your personal information to third parties:

• in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
• if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; and/or
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property, or safety of us, our users, customers and providers. This will include sharing your information as part of a legal or official investigation if we have evidence or reason to suspect that transactions on your account could be fraudulent.

International Transfers of your Personal Data

A number of the service providers listed above are based outside the UK and European Economic Area and your personal information may therefore be transferred to or accessed from outside of the UK and European Economic Area.

We have either signed UK and EU Commission-approved Standard Contractual Clauses with these providers or we have confirmed that they have Binding Corporate Rules in place. This ensures that your personal data is treated by those providers in a way that is consistent with and which respects the EU and UK laws on data protection. We also ensure there are adequate supplementary measures in place, such as encryption at rest and in transit.

Other entities in our group, Reward Gateway (USA) Inc and Reward Gateway (Australia) Pty Ltd, are also located outside the EEA in countries that are not considered to provide an adequate level of data protection. We have put in place appropriate intra-group agreements using the EU Commission-approved Standard Contractual Clauses, to protect personal data when it is transferred to those entities.

We can supply a copy of the EU Standard Contractual Clauses to you on request.

Your Rights

Data protection laws provide you with the following rights to:

• 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 information we hold about you corrected;
• 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 exercised your right to object to processing (see below);
• request the restriction of processing of your personal information, for example if you want to establish its accuracy or the reason for processing it; and
• request the transfer of your personal information to another party.

You also have the right to object to the 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.

You also have the right to object where we are processing your personal information for direct marketing purposes.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights above). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We or the administrator may need to request specific information from you to help us confirm your identity and ensure your right to access the 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.

Where we rely on your consent to process your personal data, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using any of the details set out below in the “Contacting Us” section or change your preferences in the "Communication Preferences" section, under “My Account” within My Choices. If we email you under the basis of Consent, there will always be a an easy way to opt out in the footer of the email.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues.

Please note that as the administrator may store other information from your use of this service, you should also contact them directly if you would like to exercise your rights in relation to the data held by them.

Updating your information

It is important that the personal information we hold about you is accurate and current. Please keep your records on My Choices up-to-date. If you wish to update or amend your personal data you may do so by making the change within your account once logged in or by contacting our Helpdesk. We will respond to your request within 5 working days.

Storage of your information

Unless we need to keep your data for legal purposes, we will only retain your personal information for 60 days after the administrator lets us know you no longer work for them or they decide to use a different service.

The legal purposes for which we may need to retain your data for include:

• retaining payment records for one year to comply with PCI DSS regulations;
• retaining backups for up-to 180 days after deprovisioning; and
• retaining your order history for two years from the date of your order in case of a dispute.

We may also retain anonymised data about you for longer periods for integrity and financial reporting purposes.

Recordings of calls are retained for 40 days and chat transcripts are retained for 90 days.

We take the security and confidentiality of your personal information very seriously. We will use strict procedures and security features to aim at preventing unauthorised access, such as secure software design, being ISO 27001 certified, strict access controls, penetration testing, the use of encryption and hashing and robust physical security controls.

You are also responsible for the security of your personal information by taking precautionary measures, such as keeping your account password confidential and using secure internet connections.

Changes to this notice

Any changes we make to our Statement in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Statement.

Contacting Us

If you have any queries, comments or requests regarding this Statement, or you would like to exercise any of your rights set out above, or contact our Data Protection Team, you can contact us in the following ways:

• by email at privacy-requests@rewardgateway.com or;
• by post at Reward Gateway (UK) Ltd, 265 Tottenham Court Road, London, W1T 7RQ.

Other My Choices Users

Some of the collaboration features on My Choices display your name and profile picture to other My Choices users. For example, if you comment on content, we will display your profile picture and name next to your comments so that other users understand who made the comment.