Last Updated May 25, 2018
Service Terms
These Service Terms govern your access and use of XHOCKWARE’s mobile Application branded as “YouBeep” or branded as a Client customized version based on YouBeep.
Please read this “Terms“ carefully and proceed its use only if you understand and agree with it. These Service Terms apply to you as a User.
When we refer to “XHOCKWARE”, we mean the legal entity behind solutions like ”YouBeep” or “Pingo Doce Express” and any future solution based on “YouBeep” or incorporating parts of “YouBeep”, that acts as the controller or processor of your information, as explained in detail in our “Privacy Policy”.
By “Users”, “Shoppers” or “End Users”, we mean the individuals using any of the services rendered by XHOCKWARE, and that willingly agree and comply to the terms set by the “Service Terms”
By “Clients” we mean our Clients, usually Retail Companies. These are 3rd Party legal entities that sign a service agreement or business contract with XHOCKWARE for rendering any of the services provided by the company, to their Clients, staff or stores.
These Service Terms are a legally binding contract between you and us. As part of these Service Terms, you agree to comply with the most recent version of our Privacy Policy, which is incorporated by reference into these Service Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Service Terms or the Privacy Policy, you confirm that you have read, understand and agree to be bound by the Service Terms and the Privacy Policy.
Client has separately agreed to our Client Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Client to allow users to complete a shopping journey at any of its location and to pay on an existing or virtual checkout. The Contract contains our commitment to deliver the Services to Client, who may then incentivize Users to use YouBeep in its stores.
When a User (including, you) submits content or information to the Services (“Client Data”), you acknowledge and agree that the Client Data may be shared by us to the Client, to the limits set by the Privacy Policy, with assurance that only Usage Data and no Personal Data will be shared. For example, Client may access Usage Data such as the sales you made or information related to your journey, only referring to its stores, but never who you are, your e-mail, or any Usage Data related to your usage at other Client’s Locations.
We consider your Loyalty Card information as Personal Data. This unique identifier is part of a separate agreement between you and the Client, is retained but has no meaning within YouBeep except for your convenience to take advantage of any special benefits you are entitled to.
Service Terms
YouBeep (or any customised version based on YouBeep made available as a Client’s Branded version), is a “mobile shopping & checkout” platform, property of XHOCKWARE with an App available for free download on the App Store and Google Play Store.
1. Service
YouBeep makes it possible for everyone with a Smartphone to go shopping on stores from adopting retailers (Clients), scan products, benefit from personalised offerings and experience a seamless and fast checkout.
YouBeep, helps shoppers with better shopping experience by adding personalised promotions, advertising, managing customised shopping lists, recommended products, prices and cart control.
2. User, Usage; and Client Data
In accordance with GPDR (See here) and our “Privacy Policy” (See here), Users allow access to personal and usage information to XHOCKWARE through its Apps or Services, our Servers and infrastructure, and to our Client, normally Retail Companies where our services are rendered.
Users have full control of their personal information, by providing or revoking consent to XHOCKWARE to collect, share and use User’s personal data.
User Data
User Data is collected when Users grant access to YouBeep mobile App when using the Services to create or update an account. XHOCKWARE may collect an email address, social information, domain and/or similar account details. This information is kept private, and will never be shared with any other entities, except under the terms set by our Privacy Policy, namely to comply with a court order.
Usage Data
Usage Data is collected when Users access YouBeep’s mobile App or any of XHOCKWARE services. Usage information may include usage information when shopping in store, or for any interaction with the app.
This information is used to continuously improve the services provided, for debugging and diagnostic purpose, statistics or any another objective set by our Privacy Policy. No personal information or personally identifiable information is kept under usage data.
XHOCKWARE will not share or receive from Clients’s any of the End User’s personal information.
In the extreme case of when the User makes purchases that include a loyalty card identifier, this identifier may be shared with the Client. This identifier has no relevance to, nor is processed by XHOCKWARE, as no matching loyalty or personal information for the User is made available to us, or will ever be shared by a Client.
As the User, you control the information allowed to be used by the Service, although some features may not be available until you explicitly provide consent to XHOCKWARE to use it.
The User can, at any time, restrict or authorize YouBeep Service to collect identified User information, Usage data of the Service, sales information, processing of anonymized information by YouBeep’s Clients and YouBeep.
If a User does not desire to share Personal Data with YouBeep, it is still possible to benefit from the service as Shopping Data and Usage Data still allows for basic Mobile Checkout.
At any moment, Users can modify or delete User Data, like Personal contacts, Loyalty Cards, and other information related to their shopping needs like lists of products to buy later in shop.
With the User’s explicit consent, XHOCKWARE can interact with the User to send customized suggestions or recommendations, service notifications, discounts or promotions or special offer from YouBeep, corresponding to offers from XHOCKWARE or from our Clients (normally Retailers), including those based on location data.
User can delete the App on its smartphone without announcement or requiring any previous consent from XHOCKWARE. You Should, however, bear in mind that deleting the app from your smartphone does not constitute an explicit act or exercise of your right to be forgotten.
Under the terms set by GDPR, if you desire to be forgotten by XHOCKWARE, under a specific application, you should exercise your right by going through the process described in “Privacy Policy”.
If you exercise your right to be forgotten, all your personal information will be deleted or anonymised, and all your usage data is kept for auditing, statistics and operational purposes but no longer is associated to your or any other user.
Recovery from your right to be forgotten is not possible after the moment you decide to exercise it.
As a User, you have full ownership over your data and have the right to request a digital copy of all the data XHOCKWARE holders on you, and even to share it with any 3rd party entity or organization as per your instructions.
XHOCKWARE is not responsible to provide the information on a specific format or medium, to deliver the information to the appointed Processing Entity, or for any misuse resulting from external entities after this event.
XHOCKWARE is entitled to ask for financial compensation when special requests are made for sharing information, large volumes of data or special mediums to convey the information. XHOCKWARE may accept this requests at its own discretion.
If you have any questions, feel free to contact us on privacy@xhockware.com or at our Headquarters at
Xhockware SA
R da Constituição 352,
4200 – 192 Porto, Portugal
3. General Provisions Email and Messages
Except as otherwise set forth herein, all notices under the Service Terms will be by email. Notices to Xhockware should be sent to feedback@youbeep.com, except for legal notices, which must be sent to legal@youbeep.com. A notice will be deemed to have been duly given the working day after it is sent, in the case of a notice sent through email. Notices under the Contract will be delivered solely to Client in accordance with the terms of that agreement.
Privacy Policy
Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.
Modifications
As our business evolves, we may change these Service Terms or the Privacy Policy. If we make a material change to the Service Terms or the Privacy Policy, we will provide you with reasonable notice prior to the change taking effect either by notice on the App or by messaging you through the Services. You can review the most current version of the Service Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these Service Terms:
Privacy Policy
Any change to this Service Terms or Privacy Policy should always be on your behalf, by increasing the protection level to your Data Privacy. If you disagree with the changes to the Service Terms or Privacy Policy, you should discontinue using our services and deactivate your Services Account. Any material revisions to these Service Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change.
You must confirm your acceptance of the revised terms and conditions to continue using the Services.
Waiver
No failure or delay by either party in exercising any right under the Service Terms, including the Privacy Policy, will constitute a waiver of that right. No waiver under the Service Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability
The Service Terms, including the Privacy Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the Service Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Service Terms will remain in effect.
Assignment
You may not assign any of your rights or delegate your obligations under these Service Terms, including the Privacy Policy, whether by operation of law or otherwise, without the prior written consent by us (not to be unreasonably withheld). We may assign these Service Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Governing Law & Courts
The Service Terms, including the Privacy Policy, and any disputes arising out of or related thereto, will be governed exclusively by Portuguese law, complying with European Law.
The courts located in Porto, Portugal will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Service Terms, including the Privacy Policy, or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts.
Entire Agreement
The Service Terms, including any terms incorporated by reference into the Service Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
