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Privacy Policy

Phonify B.V. commits to protect its customers’ and partners’ personal data as carefully as possible. This privacy policy is intended for achieving transparency about the way personal data are processed and stored. Phonify B.V. will adhere to and respects the requirements of the different local and international Data Protection Acts, where under the current and upcoming e-Privacy regulations. Phonify B.V. handles everyone’s privacy carefully. In order to do so, Phonify B.V. adheres to privacy legislation, as stipulated in this section, in addition to legal standards which are dictated by approved codes of conduct.

WHY CONSENT
In accordance with our data processing operations we have checked if your consent is the most appropriate basis for processing. We ask our customers and respondents to positively opt-in prior to any start of the processing. The request for consent to you is made prominent and separate from any conditions that may apply to the promotions you have participated. Your consent is (also) used to administer the campaigns you are interested in. If you withdraw consent you contact data is blocked until you have given your consent again. Any given consent is never made on a default mode. We keep a record of when and how we received your consent on an individual identifiable basis. We also keep a record of exactly what you were shown or told at the time of participating to the campaign.
Should you have questions about the campaign to which you participated in, then please contact our privacy officer at [email protected] who can reply to you directly for any question or concern you may have.
We would like to specify to you why we process data and what we’re going to do with it, for which purposes data are going to be used and further processed.

HOW TO CONSENT OR WITHDRAW
We give individual options to consent or positively opt-in to different purposes and types of processing. We name our organisation and any third party controllers who will be relying on the consent at the moment of collecting your data. We inform our customers and respondents that they can withdraw or refuse their consent without detriment. We perform on withdrawals of consent as soon as we can and direct our customers and respondents how to do so. In offering online communication directly to our customers and respondents we seek consent in accordance with and necessary for the purposes of our data processing operations and our relation with you. We have age-verification measures (and parental-consent measures for younger children) in place to avoid that children (below 12) and youngsters (12-18) can participate to our services.

LEGITIMATE INTERESTS
These categories of personal data are processed for purposes which are based on legitimate interests in accordance with the laws and regulations. The legitimate interests are our own interests and the (commercial) interests of third parties to provide you with the offers you would like to receive (common interests). The promotions contain not only offers which benefit our customers’ and respondents’ contact preferences (see above) but also apply to educate you about discount offers and for that purpose sending the correct email and sms on the right moment. In order to balance the commercial interests with your privacy preferences we never collect or ask for more data than is necessary for a proper operational performance of our online communication.

WHY PROCESS DATA
We process data when such is necessary for:
The responsible management of Fungamez online communication. Providing the option to register or unregister for specific user interests in Fungamez services. Processing your interest(s) in product or service categories which are offered market trends. Operation of customer services, such as answering questions and block personal data on the first request of the data subject. Processing of traffic data (inbound clicks, A/B testing, log files where needed) and analyse these to detect fraud and redemption. Offering the option to use mobile device as a form of identification to obtain or purchase services from other organizations and address the benefit of the data subject therein. If applicable, the conclusion or performance of a contract concluded in the interest of the data subject between the controller. The (further) performance of another legal obligation. Information is not automatically used for all these objectives simultaneously.

ONLINE COMMUNICATION
Data required for online (direct) communication are processed in accordance with the following requirements.
The processing is intended for communication with data subjects, sending information about the products and services of Fungamez and keeping an overview of the information sent and maintaining the contact with the data subjects.
No other personal data will be processed than:
Surname, first names, initials, title, gender, date of birth, address, postcode, place of residence, telephone number and similar data required for communication by the person concerned; Data relating to the information to be sent and transmitted; Other additional data that are necessary with a view to maintaining contact with the involved data subjects. No special categories of data as referred to in the General Data Protection Regulation 2016/679 will result from the processing. The personal data will be deleted at the request of the data subject or no later than two years after the relationship with the data subject has terminated, unless the personal data are necessary for compliance with a legal obligation to retain data.

SECURITY
Data required for security reasons are processed in accordance with the following requirements.
The processing is intended for the control and security of the systems or programs, the support of the proper functioning of the systems or programs, sorting and recovering files, creating backup copies of files, the management of the systems or programs.
No other personal data will be processed than: a. data relating to the use of the software, b. technical and control data, c. data to promote proper functioning, d. historical data, e. user data.
The personal data are only provided to those, including third parties, who are in charge of or direct the system, data management or application management or who are necessarily involved and others, as the case may be, to the (further) performance of another legal obligation.
The personal data will be deleted at the latest 6 months after they have been obtained, unless the personal data are necessary to comply with a legal data retention obligation.

DATA TRAFFIC WITH COUNTRIES OUTSIDE THE EUROPEAN UNION
As controller of the data Phonify B.V. does not intend to transfer personal data to a third country (country outside the European Union). Should data be transferred to a country outside the European Union then (in that event):
The existence or absence of an adequacy decision by the European Commission will be reviewed, such as by the EU-US Privacy Shield (PbEU L 207), and, reference will be made to the appropriate or suitable safeguards and the means by which to obtain a copy of such safeguards are made available on first request, and if all such is absent,
The data subject will be explicitly asked for consent to a proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards, or the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request, or the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject of the controller.

COMBINATIONS OF PROCESSING OPERATIONS
This privacy policy does not apply to processing operations partners. Please read the privacy policy of the involved partners, provided prior to each entry to the promotion and meeting the requirements stated in the relevant privacy policies. Each organization in his capacity as Controller ensures adequate access security of the website, as well as adequate protection of personal data for further processing by search engines.

BROWSING SESSION AND IP-ADDRESS
We also make use of the IP-address of your computer. This IP-address is a number which automatically assigned to your computer when you have a browsing session on the internet, such as when you visit one of our sites or landing pages. They can be used to see which use has been made of the website and for drafting analyses and reports with non-identifiable information.

WEBSITE AND COOKIES
Fungamez uses cookies and similar technologies on its websites. Cookies are small text files that are saved on your device (computer, telephone, tablet) when you visit a website. Cookies such as ‘functional session cookies’ are used to provide services or to store your preferred settings for purposes such as:
Remembering and communicating information that you fill in during the entry process or that you enter when indicating your interests in the various web pages, so that you don’t have to re-enter the same information every time or see the same promotions twice,
Saving of preferred settings, and
Tracking the unauthorized use of our landing pages.

ANALYTICAL COOKIES
‘Analytical’ cookies are used to analyse your visit to our websites. We analyse the number of visitors to our websites, the duration of the visits, the order of pages visited and whether any changes need to be made to the website. Using the information collected, we can make our websites even more user-friendly. These cookies are also used to solve possible technical problems on the websites.

MARKETING AND TRACKING COOKIES
We will only use tracking cookies for commercial purposes with your prior consent. These cookies, which are often posted by third parties, help us to tailor promotional offers to you personally. Third parties can use tracking cookies.

OTHER TECHNOLOGIES
In addition to cookies, Fungamez also uses technologies such as JavaScript. Using JavaScript in your browser allows us to make our sites interactive and to develop web applications in a consumer friendly tailor made manner. For the provision of our service we keep database records in order to have a robust control in place on our services (and our service providers). The purpose of this is to optimize the reliability of the service. The information derived from these data is used to prevent misuse of data and if necessary to comply with more detailed information queries from third parties on the basis of (self)regulation.

QUESTIONS, COMPLAINTS OR DISPUTES
If you wish to ask a question, make a complaint or provide any comments on our privacy policy or sites please contact us on: [email protected]. We will contact you to discuss any concerns within 48 hours of receiving your email.

ADJUSTMENTS
We reserve the right to make adjustments to this privacy policy. Important adjustments are made know on this site in the privacy policy.

Terms and Conditions

This service is brought to you by Phonify B.V. who are completely independent from, and in no way affiliated with all brands featured herein. Trademarks, service marks, logos (including without limitation, the individual names of products & retailers) are the property of their respective owners.

This service is promoted completely independently from any brands and their associated companies featured on this site and in any advertising leading to this site. We are not affiliated or endorsed by them nor do we purport to be associated or connected with them, their affiliates or to be acting on their behalf.

Fungamez is a subscription service charged at AED 2/daily. By using the service, you agree that you are 18years or older and have the bill payer’s permission. Compatible handsets only. You must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which provider makes the service available as well as any carrier services necessary to download content, and pay any (carrier) service fees associated with any such access. You must have a working internet connection installed on your mobile phone (wap, gprs). For instructions, please check your carrier’s website.

To unsubscribe, SMS C FNGZ to 1111 for Etisalat and UNSUB FUN to 9941 for Du. For help call 0861131009. By using the service, you agree to receive promotional material relating to this and similar services. To opt-out of marketing SMS C FNGZ to 1111 for Etisalat and UNSUB FUN to 9941 for Du. Service provided by Phonify B.V. Frans Halsstraat 26A; 1072 BR Amsterdam, Netherlands

The Fun4all service must not be used:

to intentionally engage in illegal conduct to knowingly create, store or disseminate any illegal content to knowingly infringe copyright to knowingly infringe any intellectual property rights to send spam or promote the sending of electronic messages. Phonify B.V. has the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations. Phonify B.V. has the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.

Article 1- Applicability
1.1 In addition to the privacy policy and other terms that may be stated on the website, the General Terms and Conditions below apply to and form part of all offers of the (digital) products offered by Phonify BV(on-line). services via networks of the provider(s) of mobile communication (“Operator”) with which the end user has concluded a subscription (“Mobile subscription”) (even if these services are not (further) described in these terms and conditions). The (digital) services offered (on-line) by Phonify BV include games, text messages, sound and/or image files and/or similar services, (“Content Services”) that are provided by, among others, direct carrier billing (“DCB”),

Article 2 – Delivery of content service
2.1 The end user requests the content service from Phonify BV. The content service is provided by the Operator’s service and network to the end user.

Article 3 – Costs
3.1 Offers or quotations stated in advertisements or on www.appiq.mobi (“Website”) are without obligation, unless expressly stated otherwise in the offer in writing.
3.2 The Terms of Use specify the costs (“Costs”) of the Content Services, (i) subscription services and (ii) one-time orders. The Costs are charged by the Operator or – in the case of a pre-paid subscription – debited from the end-user’s credit. The end user hereby expressly authorizes it and guarantees the collection of the Costs.
3.3 Fees may be charged for each message received or sent, depending on the type of message and/or payment method. For all messages sent and received, the standard DCB sending charges may apply, as indicated by the operators. There may also be a one-time registration fee. More information about the rates and payment method for using the service in a particular country can be found under the FAQ and/or Terms of Use.

Article 4 – Price change
4.1 Phonify BV is always entitled to adjust costs after an announcement on the Website. Existing end users will receive an announcement by text message one week before the price change. If end users continue to use the services of Phonify BV or register after the date on which the price change is introduced, the changes will be considered accepted.

Article 5 – Prices.
5.1 Campaigns offering the same price can be advertised in different design variations through landing pages (color/look and feel).
5.2 The same campaign with the same prize can be advertised via the internet on different terminals such as computer, mobile phone, tablet, etc.
5.3 The requirements for the prize giving away are that a minimum of 100 participants have participated in the campaign and that the participant must have at least 5000 points.

Article 6- Termination and cancellation
6.1 The methods of termination of the delivery of the content service are stated under the Terms of Use. Termination of the service can only take place in the manner indicated under the Terms of Use.
6.2 The end user may only rely on the termination of the subscription service if the end user has received a confirmation message of the termination by SMS or similar means. Such a confirmation message of the cancellation will at most have a cost-effective rate.
6.3 Phonify BV can immediately stop all services if
(a) the end user does not pay within the period that the operator of the mobile telephone connection uses or
(b) Phonify BV
(i) has reason to believe that the end user is acting or acting in breach of these Terms and Conditions or
(ii) has been expressly requested to do so by the Operator, or
(c) any law, regulation, directive or government action makes the service illegal or impractical in whole or in part; or
(d) the end user adversely affects the use of the service or threatens to adversely affect the integrity or functionality of the network of Phonify BV in any way whatsoever.
6.4 Phonify BV is not liable to the end user and/or third parties in connection with the termination of the provision of the content service.
6.5 In the event of termination of the provision of the content service, the end user is not entitled to a refund of any remaining content services or download credits under a subscription. After using the one-time service, the end user will keep his credits.
6.6 Phonify BV will not accept any liability towards the end user and/or third parties as a result of termination or cancellation of the service(s).
6.7 Phonify BV reserves the right to replace any product with an equivalent replacement product without prior notice.

Article 7 – Intellectual property
7.1 Unless otherwise stated in these General Terms and Conditions, all patent, copyright, trademark, drawing, model rights and/or other (intellectual) property rights with regard to the content services and/or the Website belong to Phonify BV , its suppliers or other entitled parties.
7.2 Phonify BV provides the end user with a limited, non-exclusive, non-transferable, revocable right of use to download, receive and/or consult content services.
7.3 Unless expressly stated otherwise by Phonify BV, the end user is not permitted to reproduce, modify, perform, transfer, distribute, sell, use for derivative products or otherwise use the downloaded or received content services, without the prior written permission to do so. from Phonify BV.
7.4 The end user indemnifies Phonify BV and its officers, management, employees, suppliers and information supplier of third parties and accepts liability towards Phonify BV and its officers, management, employees, suppliers and information supplier of third parties for the consequences of or infringement to intellectual property rights of Phonify BV or third parties, violation of these Terms and Conditions arising from unauthorized use of our services or conduct.

Article 8 – Liability
8.1 The use of the content services and the Website of Phonify BV is at the risk of the end user. Phonify BV strives for undisturbed use of the content services. Phonify BV cannot guarantee that the content services meet the requirements of the end user or that downloading, receiving and/or consulting the content services will remain undisturbed or error-free.
8.2 The end user acknowledges that in the case of mobile telecommunication services, the possibility to establish or maintain a connection and the quality of the connection is not the same or sufficient at every place and at all times and that the content services can be negatively affected or temporarily may not be available due to disruptions caused by physical factors (tunnels, mountains, buildings and the like), modifications or maintenance to the Operator’s network.
8.3 If the end user has not been able to make undisturbed use of the content services at any time, this does not lead to a right to a reduction in the rates for the content services or to a right to a refund of fees paid.
8.4 Phonify BV is never liable for damage, including but not limited to infections or contamination of the equipment and/or software used by the end user, which is the result of access to the Website or the use of the content services, the downloaded content services , including the equipment and software necessary to connect to the content services. The end user must take measures to prevent such events.
8.5 If Phonify BV nevertheless, for whatever reason, is obliged to compensate damage to the end user, the compensation will never exceed the invoice value with regard to the content services, which caused the damage.
8.6 The content of the Website has been compiled with the greatest care. However, Phonify BV cannot give any guarantees with regard to the nature, correctness or content of that information. Phonify BV is not liable for any errors, inaccuracies, misunderstandings, delays or orders and communications that do not come across clearly as a result of the use of the internet, or for the consequences of the relevant information point.
8.7 The end user will not send infected and/or contaminated, unlawful, harmful, threatening, vulgar, degrading, horrific, invading privacy or otherwise objectionable messages to Phonify BV and will indemnify Phonify BV for all direct or consequential damages caused by the sending of such messages.
8.8 The end user must be at least 18 years old. If you are not responsible for the payment of the mobile phone bill or if you are under the age of 18, please obtain permission from the person paying the mobile phone bill, parents, guardian, employers, before registering and/or participating in the shift. By registering and/or participating in the service, Phonify BV assumes that the end user has obtained the necessary permission, consent or approval from the payer of the mobile phone bill, guardian or parents.

Article 9 – Processing of data
9.1 For the provision of content services, Phonify BV collects and processes (i.e. collects, stores, consults, provides to third parties, organizes and relates) certain personal and traffic data of the End User.
9.2 Phonify BV will only process the data of the end user in accordance with its Privacy Policy, which can be viewed and downloaded on the Website. Phonify BV observes the applicable privacy regulations and legislation. As an international company, Phonify BV and its affiliated companies increasingly operate outside the borders of one country.

Article 10 – Choice of law
10.1 Use of the content services, the agreement and the website are subject to the laws of the country in which the campaign is conducted. The failure of Phonify BV to execute or enforce any rights or reservations of the General Terms and Conditions shall not be a reason for waiving these reasons or reservations. If any reservation in the Terms and Conditions is held by a court of competent jurisdiction to be invalid, then the parties agree equally that the court should seek the parties’ intent, as reflected in the reservations, to the fullest extent of the law governing applicable permits, and the other reservations in the Terms and Conditions remain in full force and effect.
10.2 All possible disputes will be adjudicated exclusively by the competent court in Amsterdam.

Article 11 – Final provision
11.1 Phonify BV reserves the right to change these General Terms and Conditions from time to time. End users are informed of the changes by means of a message on the Phonify BV Website. These changes are considered accepted if end users continue to use or download the Appiq services after the indicated date on which the changes are implemented.
11.2 These General Terms and Conditions can be requested at all times from Phonify BV
11.3 Phonify BV has its registered office in the Netherlands (1072 BR Amsterdam).
Amsterdam, December 1st, 2021

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