This Privacy Notice was last updated: August 8th, 2023

Ace B.V, (“Ace”) provides this Privacy Notice in order to demonstrate its commitment to privacy. We collect some information about you so that we can provide you with the Licensed Materials and Services, as defined in Terms and Conditions (“Agreement”). We want to make sure you understand the type of information we collect about you, how it is used, how we protect it and your rights with regard to your personal data when you use the Ace Mobile Access Application (App).

Changes to the Privacy Notice

This Notice may be updated from time to time as the Services and Apps change and expand. Ace suggests that each individual review the Notice periodically. In the event of a material change to the Notice, Ace will notify you of a change notice through the App. If Ace amends the Notice, the new Notice will apply to personal data previously collected by Ace only insofar as your rights are not reduced.

Data collection

When you download and use the App, we automatically collect technical information about the mobile device and application, as well as usage information.

Technical Information about the Device and Application

1. Device manufacturer and model
2. Hardware capabilities, such as Bluetooth and NFC support
3. Operating system version
4. Identifier and version information for the app
5. Unique push notification identifier
6. Unique application identifier
7. Carrier

Usage Information and Analytics

1. Application state, events and usage statistics
2. Reader interaction logs (including reader identifiers and technical reader information)
3. Location data (e.g. GPS positions) in conjunction with presenting a Mobile ID to a reader
4. Error logs
5. Country and city based on IP address lookups

If we need to collect additional information or access certain parts of your Device, we will first inform you and/or ask for your consent (as applicable) and your personal data will only be used in accordance with this Privacy Notice.

How is data collected?

Ace will collect and process the following data about you:

• Information we collect about you and your device. When you install and use the App, we will automatically collect personal data including device and usage data. We collect this data primarily using a software development kit we use in the App.
• Location Data. We use GPS technology to determine your current location in conjunction with presenting a Mobile ID to a reader. Additionally, we use Location Services to improve performance in reader detection. Disabling Location Services will provide a lesser user experience. The GPS data collected provides approximate positional information and is deidentified and stored separately from other user information to prevent correlating GPS data with a specific user or device.
• Unique application numbers. When you install the App, a unique identifier for the application will be generated and sent to Us. Additionally, when the Enterprise enables new features or services, new unique identifiers may be generated and shared with us.

How is data used?

Ace collects your personal data to:

• License the Licensed Materials or Services to you and to enable Us to provide you with the Licensed Materials and Services and any associated products or services
• Provide you with software updates and support
• Improve and develop new products and services
• Communicate with you about the Services
• Fulfill our legal and administrative obligations
• Enforce this Privacy Notice and the Mobile Access License and User Agreement;
• Protect the rights, property or safety of Us, our customers or others
• The Club Ace app's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

We base our right to collect your personal data on the need to provide you with the Licensed Material and Services, as stated above. To the extent that your personal data is used to improve and develop new products and services or to maintain and manage our websites and other related services, we base our use of your personal data on our legitimate interest to perform such actions.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Disclosures of Personal Data

We will share your personal data with other companies in the Ace Family, as well as third party service providers to enable them to perform functions of the Services and to process your personal data on our behalf, in accordance with the purposes in Section above.

To the extent that your personal data is disclosed or transferred to third parties as described above, for purposes not directly related to providing you with the Licensed Material or Services, we are responsible for ensuring such third parties’ use of your personal data in compliance with applicable data protection regulation and this Privacy Notice.

We do not sell or trade your personal data or collect or use it for direct marketing purposes. Location information is not disclosed to or otherwise shared with any third party.

If applicable, your personal data may also be transferred to:

• Local or foreign regulators, governments and law enforcement authorities, including tax collection agencies and stock or other exchanges;
• Local and foreign courts, tribunals, arbitrators or other judicial committees;
• Persons in connection with a sale, merger, acquisition, disposal, reorganization or similar change of our business (including any potential or actual purchaser of that business and that purchaser's advisors); and
• Third parties as required to comply with mandatory law.

Disclosure Required by Law

Ace may cooperate with law enforcement agencies in identifying users who use the Service for illegal activities. Therefore, Ace will respond to subpoenas, warrants, or other court orders regarding information concerning any user. Ace will, at Ace's discretion, disclose information, including personal data, if Ace reasonably believes that Ace is required to do so by law, that such disclosure is necessary to protect Ace from legal liability, or that Ace should do so to protect the integrity of the Service.

Transfers

Ace will share your information with other companies in our group or with our trusted subcontractors in order to provide the Services and for the purposes set out in this Privacy Notice. Processing of your personal data may therefore take place in countries other than your home country. your personal data collected in the European Union (the “EU”) and European Economic Area (the “EEA”), may be stored, processed or transferred outside of the EEA, as described in this Privacy Notice. The destination country may not offer the same level of protection of your personal data as the country where you are located and may provide you with fewer legal rights in relation to your personal data.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Data security

Wherever personal data is within Ace or on its behalf, Ace takes reasonable steps to protect the personal data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Ace trains employees on its Notice guidelines and makes the Notice available to its business partners. In addition, Ace and its business partners enter into confidentiality agreements that require that:

• Care and precautions be taken to prevent loss, misuse, or disclosure of personal data
• Any service providers only use personal data to perform services on behalf of Ace. It is important for each Client to protect against unauthorized access to Client's online account password and to Client's account which holds personal data of Client and its Constituents.

In addition, Ace takes precautions to protect personal data processed by the Services: Ace uses industry-standard security measures, such as firewalls and encryption technology, which are reasonably designed to safeguard the confidentiality of personal data. Ace also periodically conducts security reviews and assessments both internally and via third party independent professionals. Ace stores personal data on secured servers and only allows access to certain authorized personnel.

We have put in place procedures to deal with suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

Ace will retain your personal data for as long as is necessary for the relevant activity or services described above or for as long as we are lawfully required to do so.

Your personal data will be deleted or anonymized if:

• The purpose of collection and use of your personal data has been achieved (as described above).
• You make a request that your personal data should be deleted.

Anonymous information used for statistical purposes may be stored for a longer period than set out above. Deidentified GPS location data (as stated above) is stored for a maximum of three (3) years.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
• if you want us to establish the data’s accuracy;
• where our use of the data is unlawful but you do not want us to erase it;
• where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.