Version 2.0 – Dated September 5, 2024

 

Privacy Policy

1. Purpose of the Policy

This Privacy Policy outlines how Resal collects, uses, and discloses your personal data in accordance with applicable laws, particularly the Saudi Personal Data Protection Law (“Personal Data Protection Law”) issued by Royal Decree No. (M/19) dated 09/02/1443H and amended by Royal Decree No. (M/148) dated 05/09/1444H.

2. Scope of the Policy

This policy applies to Resal Saudi Arabia employees, clients, contractors, and third parties who have a direct or indirect relationship with Resal for the purpose of processing, sharing, or retaining personal data.

This document applies to all individuals within the Kingdom of Saudi Arabia whose personal data is processed by Resal on their behalf.

3. Reference

Saudi Personal Data Protection Law (PDPL)

4. Definitions

For the purposes of this Privacy Policy:

Account refers to a unique account created by or for you to access the Resal website or parts of it.

Company (referred to as “Resal”, “the Company”, “we”, “us”, or “our” in this policy) refers to Resal Alwed for Information Technology, Kingdom of Saudi Arabia.

Resal Merchants referred to hereafter as (“the Service”) is a digital platform service (websites, smart applications, and digital cards) specialized in managing customer loyalty through various means, linking them with the merchant, collecting their data and feedback, among other subsidiary tools of the platform, with features and characteristics detailed on the official company website.

Subscriber is the individual or entity (commercial, governmental, or non-profit) to whom the “Service” is provided and who owns the account. This party will be responsible for all communications with the company. If the subscription is on behalf of your employer, then the employer shall be the account owner, and you affirm and guarantee that you have the necessary authority to bind your employer to the service terms, including providing documents proving such authority.

Optional Services are any additional services related to the service as specified on the “Company Website” such as SMS and notification messages.

Usage refers to the “Subscriber’s” access to the “Service” for the purpose of using its functionalities including, but not limited to, setting up a loyalty program and issuing digital loyalty cards as included in the selected package.

Package refers to the details and privileges of the “Service” provided to the “Subscriber”.

Cookies are small files placed on your computer, mobile device, or other devices by a website, containing details of your browsing history on that website among its many uses. You will have the option to accept, refuse, or customize all cookies.

Country refers to the Kingdom of Saudi Arabia.

Device means any device that can access the website such as a computer, mobile phone, or digital tablet.

Personal Data refers to any data—regardless of its source or form—that may lead to identifying an individual specifically or make it possible to identify them directly or indirectly, including but not limited to: name, personal ID number, addresses, contact numbers, license numbers, records, personal property, bank account numbers, credit card numbers, static or moving images of the individual, and other data of a personal nature.

Website refers to Resal’s website at https://www.resal.me

Service Provider refers to any natural or legal person who processes data on behalf of Resal. This includes third-party companies or individuals employed by Resal to facilitate access to the website or business operations, to provide services, or to assist Resal in analyzing how the website is used.

Third-party Social Media Service refers to any website or social network site through which a user can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the website or from the website infrastructure itself (for example, the duration of a page visit).

You refers to the individual accessing or using Resal’s website, or the legal entity on whose behalf such individual is accessing or using the website, as applicable.

5. Policy Statement

5.1 Collection and Use of Personal Data

5.1.1 Information Collected by Resal

Resal collects information about you through three primary methods:

1. Directly from your input.
2. From external sources.
3. Through automated technologies.

5.1.1.1 Data You Provide to Us

When you use Resal’s website or application, we may collect information about you (“Personal Data”), which may include:

• Contact details such as your name, email address, mailing address, social media accounts, state or province address, postal code, city, phone number, and any other personal data as defined under applicable laws and regulations in the country.
• If applying for a job, details such as employment history, nationality, date of birth, and other relevant information necessary to conduct background checks.
• Account login credentials such as usernames and passwords, encrypted and hashed password hints, and similar security information.
• Additional account registration and profile information such as job title, educational background, and professional qualifications.
• Comments, feedback, and other information you provide to Resal, including search queries and inquiries.
• Interests and communication preferences, including preferred language.

5.1.1.2 Tracking Technologies and Cookies

Resal’s web services may automatically collect information about how you and your devices interact with the service, including:

• Computer and connection details, internet address, browser type and version, operating system, installed software, mobile platform, unique device identifier, other technical identifiers, error reports, and performance data.
• Clickstream data including timestamps, referring and exit pages, search terms, time data, and usage data such as features used, settings selected, and URL clickstream paths.
• For location-based services, information about the region, city, or town where your device is located, in order to provide relevant content based on your geographic location. Additionally, when accessing the website via a mobile device, Resal may automatically collect specific information such as the type of mobile device used, unique identifier, IP address, mobile operating system, mobile browser type, unique device identifiers, and other diagnostic data.

5.1.2 Purpose of Using Your Personal Data

Depending on your interactions with Resal, we may use your personal data for the following purposes:

• For recruitment purposes.
• Managing your requests.
• Business activities such as communications, billing, sales invoices, product delivery, order processing, payments for goods and services, permitted marketing activities, procurement of materials and equipment, supplier due diligence, customer screening, license agreements, and non-disclosure agreements.
• Maintaining and operating our website and business.
• Complying with legal obligations, resolving disputes, enforcing agreements, or as permitted by law.
• Communicating with you via email, phone calls, SMS, or other electronic communications (e.g., mobile app notifications) regarding updates or informational messages related to jobs, products, or contracted services, including security updates when necessary or reasonably required for implementation.
• Providing news, special offers, and general information about goods, services, and events similar to those you have already purchased or inquired about, unless you opt out of receiving such information.
• Business transfers: evaluating or undertaking mergers, divestitures, restructurings, reorganizations, dissolutions, or other sales or transfers of some or all of Resal’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings, where personal data held by Resal about users of its services is among the transferred assets.
• Other purposes: using your information for data analysis, usage trend identification, and evaluating the effectiveness of promotional activities.

5.1.3 Disclosure or Sharing of Your Information

Resal may disclose your personal data in the following cases:

• With service providers: we may share your personal data with service providers to monitor and analyze the use of our service and to communicate with you.
• Business transfers: your personal data may be shared or transferred in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or part of our business by another company.
• With business partners: your personal data may be shared with our business partners to offer you certain products, services, or promotional offers.
• With your consent: we may disclose your personal data for other purposes with your express consent.

Additionally, your personal data may be disclosed if we have a good faith belief that such action is necessary to: comply with applicable laws, regulations, legal procedures, or other legal obligations; address security, fraud, or technical issues and investigate and prevent them; protect the rights, property, and safety of Resal, our users, employees, or others.

5.1.4 International Data Transfers

We store and process your personal data in various jurisdictions, including the Kingdom of Saudi Arabia. Your personal data may be shared with and processed by Resal or its affiliates outside the country in which it was collected. The laws governing the processing of this information in those jurisdictions may be less strict than those in your country.

Additionally, your information may be processed by staff operating outside your country. We will take all reasonable steps required under applicable data protection laws to ensure your information is handled securely and in accordance with this policy and applicable law.

5.1.5 Data Retention

Your personal data is retained until it is anonymized or destroyed as necessary to provide the service, complete requested transactions, or for other essential purposes such as compliance with legal obligations, maintaining business records, resolving disputes, ensuring security, detecting and preventing fraud and abuse, and enforcing our agreement. Usage data is generally retained for a shorter period unless it is needed to improve security or service performance, or unless required by law.

5.1.6 Data Destruction

When the purpose for which your personal data was stored ends, Resal will securely destroy it or anonymize your identity, in accordance with internal policies and applicable laws.

If you wish to have it deleted earlier, you can request it via email at [email protected]. For any questions or complaints, you may contact our Data Protection Officer at [email protected].

5.1.7 Data Security

Resal is committed to ensuring the security of your information. We have implemented appropriate physical, electronic, and administrative procedures to safeguard and secure the information we collect online, prevent unauthorized access, and prevent disclosure.

5.1.8 Your Rights

As the owner of personal data under applicable law, you have the rights outlined in the (Personal Data Protection Law):

• The right to access information: to know the justification for collecting your personal data and the purpose of processing it, as disclosed in Resal’s privacy policy.
• The right to access: to obtain a clear and comprehensive copy of your personal data, which is displayed in your account through Resal’s website and app.
• The right to correction: to request the correction, completion, or updating of your personal data by contacting customer service at [email protected].
• The right to erasure: to request the deletion of your personal data, in accordance with legal provisions (Account Deletion Form).
• Other rights: additional rights as stipulated in the Personal Data Protection Law and its regulations. For processing based on legitimate interests, you may object by contacting us in writing at [email protected]. However, this may affect your access to the website.
• Contacting Resal: As the data subject, you have the right to exercise the above-mentioned rights granted to you (the data subject) by the Personal Data Protection Law. To contact Resal regarding personal data protection and privacy, please reach out at [email protected].

Terms of Service Agreement

Preamble

This agreement covers all subscribers of the Boonus service, which is owned by Resal. Using the service constitutes acceptance of the terms of this agreement, as well as any future amendments that may be published from time to time. Please read this agreement carefully before subscribing to Boonus or any part of it, as subscribing indicates acceptance of the terms and conditions stated herein. If you do not agree to all the terms and conditions of this agreement or any updated versions of it, you should not use the service or any part of it. This agreement between you and Resal Alwed for Information Technology (Resal) is strictly governed by the terms and conditions mentioned in this agreement.

Duration of the Agreement

It begins upon acknowledgment of the content of this agreement and remains valid as long as the subscriber continues to pay the subscription fees mentioned in the quote sent to the subscriber. The subscription value in the packages includes the value of the package and its features. In case of breach of any terms of this agreement, the company reserves the right to cancel the subscription and delete the subscriber’s data.

Payment Methods

The paid service or optional services require the subscriber to access the website and select “Subscribe” or “Add”. By doing so, the subscriber agrees to pay the company the fees specified for that service annually as indicated in the service description. Service fees are charged in advance on the day of subscription or upgrade to cover service usage for the specified period. No refunds for the remaining period will be provided unless explicitly stated in the service description. Cancellation is not permitted after activation.

Subscriber Obligations

1. Payment of the annual subscription.
2. The subscriber must designate one or more contact persons (in the account settings page) to follow up, coordinate, oversee the agreement’s execution, provide technical support, and follow up with the company. The subscriber must notify the company of any changes to the designated persons within a maximum of two business days.
3. The subscriber is responsible for ensuring their products and rewards to customers are valid and match the description shown on the platform, without any liability on the company.
4. The subscriber must disburse all rewards to their customers that are present in their accounts, as well as any other entitled offers, in accordance with the terms and expiration dates of the remaining rewards, even after the contract ends. The company is not responsible in any way for the subscriber’s program or customer rewards.
5. The subscriber must provide necessary solutions to satisfy customers who have complaints about products or rewards, including repairing, replacing, refunding, or compensating the customer (the beneficiary) for any damages, without any liability on the company.

Package Benefits Limits

The customer is entitled to benefit from the service provided based on the subscribed package. The following sections outline these limits and what happens when they are exceeded:

Number of Branches

The customer is entitled to use the service according to the maximum number of active branches based on the subscribed package. When the limit is exceeded, the customer must upgrade to the next package. Upon reaching the maximum limit, the service will not stop, but they will be unable to add new branches.

Number of Customers

The customer is entitled to use the service according to the maximum number of customers allowed to join the subscriber’s program based on the subscribed package. When the limit is exceeded, the customer must upgrade to the next package. Upon reaching the maximum limit, the service will not stop, but they will not be able to register new customer data.

Electronic Notifications

The customer is entitled to use the service based on the limit in the subscribed package. If more is needed, they may request additional credit from the company and pay its value. Upon reaching the maximum limit, the service will not stop, but they will not be able to send notification messages.

Security Precautions

1. The subscriber must take security precautions to prevent unauthorized access to the service, including not sharing login links, usernames, or passwords with anyone.
2. The company does not guarantee any damage resulting from the subscriber’s failure to take necessary precautions to protect their login credentials.
3. The subscriber must not attempt unauthorized access to the site, nor copy, modify, leak site data, alter its designs, damage, modify, hijack its domain, block access to the site, disrupt, or disable it. The subscriber will bear all criminal and civil liabilities in the event of a violation.

Maintenance

The subscriber agrees that the company may perform necessary maintenance from time to time for the purpose of upgrading, adding new features, backup, or closing security vulnerabilities if any exist. This may result in service downtime as explained in clause (17). If the downtime exceeds the specified duration, the subscriber will be compensated by extending their subscription equal to the number of days of service interruption.

Intellectual Property Violations

1. The company respects intellectual property rights and requires the subscriber and visitor to observe those rights.
2. If the subscriber or visitor believes that there is content related to them that violates intellectual property laws, they may send a notice to the company. The company will respond by removing the content or any link to it from the website.
3. This agreement does not transfer to the subscriber or visitor any intellectual property rights related to the company, the service, or any third party. The company retains all its rights therein. “Boonus,” including the logos, graphics, and trademarks used in the service, is registered to the company or other parties.
4. Use of the service by the subscriber or visitor does not grant any right or license to reproduce or use any of the company’s trademarks.

Confidentiality and Non-Competition

1. Each party agrees to protect the confidentiality of the other party’s information and that of their clients, whether personal, commercial, or legal, and agrees not to share or make it available to others.
2. Both parties commit to working together in good faith and seeking to achieve mutual interests. They agree not to compete with each other as much as possible. If either party suspects unfair or unlawful competition, they must notify the other party and clearly state the reasons that lead to the belief of unfair or unlawful competition. Both parties shall strive in good faith to resolve the matter amicably and in a way that serves mutual interests. If this is not possible, priority shall be given to the party who has evidence of prior engagement toward the target agreement or has effective and ongoing communication with the target client from both parties.

Disclaimer

1. The company and its suppliers make no express or implied warranties regarding performance resulting from the use of the service or website, including but not limited to quality, fitness for a particular purpose, integration, non-infringement, or data loss.
2. All content published by the subscriber on the service or website is subject to the laws and regulations in force in their country or state. The subscriber alone shall bear all consequences resulting from such publication, and the company assumes no responsibility for any content published on the service or website.
3. The responsibility for content available on the service or website lies with the subscriber in terms of blocking it, the nature of the content in its entirety, and all its rights.
4. The subscriber is solely responsible for all activities and content such as data, graphics, images, videos, and links published on the service or website. They must not post any electronic worms, viruses, or any destructive code.

Indemnification

The subscriber agrees not to harm the company, its assets, contractors, licensors, directors, employees, representatives, or agents and acknowledges bearing all costs of claims and related expenses in the event of proven harm and breach of the agreement, including attorney fees.

Limitation of Liability

1. Neither party shall be liable, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, for any loss of profits, business, goodwill, expected savings, goods, contracts, usage data, or any special, direct, indirect, or consequential loss or damage to the second party.
2. The first party’s total liability under this agreement, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, shall be limited to an amount that may not exceed the subscription value collected for this agreement in the calendar year in which the damage occurred.

Exclusivity of Agreement

This agreement is exclusive to the subscriber. The subscriber may not assign or transfer any rights or obligations under this agreement to any third party.

Amendments

1. The company reserves the right, at its sole discretion, to amend or replace any part of this agreement. The subscriber is responsible for reviewing any updates to this agreement regularly, as the provider will publish and announce changes on the website and via the subscriber’s registered email. Continued access to the website or use of the service by the subscriber or visitor constitutes implicit acceptance of the amendments.
2. The company may in the future add some additional features and characteristics to the website or the service itself, such as new functions, tools, content, or reports. All such features and characteristics are subject to the terms and conditions stated in this agreement.

Fee and Service Changes

• The company reserves the right, at its discretion, to impose additional fees in case of adding any new services or features in exchange for obtaining those services.
• The company has the right to change or modify fees for services or packages as it sees fit, provided that the client is notified of the change or modification at least 30 days in advance. Continued use of the service by the client constitutes implicit acceptance of the modified or added fees.
• The company is obligated to notify the client of any change, modification, or addition to fees related to their current package or additional services at least 30 days before the change takes effect. The client has the right to terminate the agreement and stop or cancel the service if they disagree with the new fees. If no response is received from the client within 5 business days and service usage continues, this will be considered implicit acceptance and commitment to pay the fees imposed on them.

Third-Party System Integration

• If the client wishes to integrate with third-party sales systems to use the service in a unified system or for any other services specific to the third party, special fees for the third party will be imposed.
• The client understands that integration fees and services specific to the third party are determined and imposed by them and cannot be modified or canceled by the company.
• The client must pay the fees within five business days from the invoice date to activate integration, and integration cannot begin before payment.
• The company will send the client a list of third-party services and the fees specific to each service.

Service Level

1. The company is committed to providing the agreed-upon services within the timeframe specified for each service in the table below, provided that this timeframe is limited to the response when the information provided by the subscriber is clear and complete. Any delay on the subscriber’s part is not included in the response time calculation, nor does it include time spent processing transactions by third parties such as other government entities if the nature of the transactions requires this:Service:
   • Opening subscriber account: 1 business day
   • Technical support: 3 business days
2. The subscriber understands that the platform is available according to its uptime, and that Resal is committed to doing everything practically and legally necessary to make the platform available around the clock.
3. The subscriber understands that Resal updates the platform whether the update is scheduled or emergency, and in both cases Resal is committed to notifying the second party in advance of the update as follows:Notification period by update type:
   • Periodic: once every two months – 3 business days before the update
   • Expected emergency: at any time – 24 hours
   • Unexpected emergency: at any time – within one hour

Force Majeure

1. The company in this agreement shall not be liable for fulfilling its obligations stated in this agreement if that party is under the influence of force majeure beyond its will or control. The exemption from liability continues throughout the period when that party is under the influence of force majeure, provided that the other party is notified within fifteen (15) days from the date of its occurrence. If the force majeure continues for a period exceeding three (3) months, both parties have the right to agree to terminate this agreement and settle rights related to this agreement.
2. Force majeure above means exclusively harsh political, natural, and climatic conditions such as earthquakes, volcanoes, floods, as well as wars and epidemics that prevent the implementation of this agreement. It also includes stopping or technical malfunction in internet sites or social media networks and their accounts due to telecommunications service providers or the main source or international or local laws and procedures as force majeure.

Termination of Agreement

The agreement is terminated in the following cases:

1. If either party provides termination notice at least 30 days before the end of the contract term
2. Either party has the right to terminate this contract if the other party breaches any of its obligations and does not take necessary measures to remedy the defect or clarify it within (60) days from the date of receiving written notice – via the communication means mentioned at the beginning of this contract – including their observations or reasons for dissatisfaction.
3. The contract is terminated if a court decision is issued declaring the opening of bankruptcy proceedings for either party. The aggrieved party has the right to claim their rights arising from this contract according to the systems and instructions related to bankruptcy procedures in force at the place of service implementation. In case of provider bankruptcy or market exit, the company is obligated to give the subscriber permission to access their dedicated server to copy their data for a full month from the date of bankruptcy or exit.

Subscription Cancellation Policy

1. The subscriber may not cancel the service and recover the subscription value before the end of the term without any problem or breach on the company’s part.
2. In case of any technical problem on the company’s part that is not resolved according to the service level clause, the subscriber has the right to terminate the agreement and recover what remains of their subscription value.

Subscription Renewal Policy

Unless the subscriber notifies the company via official email or website before the end of the subscription period by (30 days) of their desire to cancel or upgrade the subscription, the subscription will be automatically renewed with its current features. The company is authorized to collect subscription fees annually as indicated in the service description via bank transfer or using credit cards by the subscriber with the company.

Subscription Package Upgrade Policy

If the client wishes to upgrade their subscription package, they must contact the company to select the package. A price quote will be provided with a discount for the remaining value of the current subscription from the total amount.

General Provisions

1. This agreement is for subscribing to the company’s Boonus program and does not include partnership with the subscriber.
2. The company may make updates, improvements, or other general changes related to the service without additional costs to the subscriber.
3. Clauses ten, eleven, and eighteen of this agreement remain valid for both parties after the subscription ends or is terminated for two years.
4. By agreeing to the terms and conditions, the subscriber authorizes and permits the company to use the trademark or trademarks belonging to the subscriber for any advertising purpose in public and private media and communication means, including but not limited to websites and applications belonging to the company.
5. If any clause or provision of these terms is considered invalid or becomes so, the invalidity of this clause or provision does not affect the validity of the remaining clauses and provisions of these terms and conditions.
6. Both parties are committed to implementing the terms and conditions according to the requirements of good faith, honesty, and prevailing custom.
7. Arabic is considered the interpretive language for this contract, and it is also the approved language for correspondence between contract parties.
8. In case of change in the company’s legal entity, identity, ownership, or nationality, this does not affect the terms and conditions. The subscriber acknowledges agreement to this, and the provisions of these terms and conditions apply.

Applicable Laws

Disputes or claims for violation of this agreement shall be resolved according to the laws applicable in the Kingdom of Saudi Arabia.