1. General terms and conditions
These conditions of membership govern how the app is used, as well as the relationship between you, as a user, and NightPay ApS CVR no. [Danish bus. reg. no.] 37 98 72 04 which provides the app.
Use of the app and the benefits it provides requires that you have accepted these conditions of membership which are applicable at all times.
Your user profile is personal, meaning that the discounts and benefits it provides cannot be redeemed by anyone other than the person who owns the profile.
You may only have 1 user profile in the app.
These General T&Cs are supplemented by the terms of the individual agreement which apply to the Freemium agreement and/or the Triple-up subscription agreement which you choose to use and which you accept by using the app.
In the event that there exist contradictions between the provisions of these General T&Cs and the terms of the individual agreement, the individual terms of the agreement shall take precedence.
The financial and other benefits which the app gives you vary over time and may be amended by NightPay at any time and without giving notice, including that NightPay may withdraw use of the app entirely without giving notice, unless otherwise specified by the terms of the individual agreement.
Restrictions may apply to redemption of tickets and discounts associated with the use of the app. The T&Cs which apply to your benefits and tickets at all times are specified in the app.
Please send questions regarding use of the app to
1.1. AGE REQUIREMENTS
You must be 18 years of age.
1.2. FINANCIAL BENEFITS
As a user of the app, you will get benefits and discounts on selected products and services at certain times, e.g. discounts on your shopping and free entry to the bars listed in the app.
The financial benefits vary over time and may be amended by NightPay at any time and without giving notice, unless otherwise specified by the terms of the individual agreement.
1.3 REGISTRATION OF DATA
1.3.1. Registration of data
To set up a user profile in the app, you must provide information regarding your name, e-mail address, date of birth, and gender. These data can be provided manually on the registration form, or they may be partially collected from your Facebook profile if you choose this option. If you opt to register as a user via your Facebook profile, you also hand over your profile picture for use on the app.
The data you submit shall be collected, registered, and used by NightPay ApS, who is the data controller, cf. para. 1.4.6.
1.3.2. Use of data
The data you submit is used to assign you to a group with a given shopper profile. This is performed continuously.
Data regarding your person is also used by NightPay for statistical purposes in order to gain general knowledge on consumer behaviour, e.g. in order to develop improved services, ranges of products, campaigns, and offers, and to design and exchange market analyses with partners. Only such information which cannot be traced back to individual persons is exchanged.
1.3.3. These data are not passed on to anyone else.
Only NightPay ApS has access to the data described.
The data are not passed on to third parties without your consent, though data may be exchanged with third parties in accordance with the provisions of para. 1.4.3 below.
Data may nevertheless be passed on where NightPay ApS is entitled or obliged to do so in accordance with the legislation.
1.3.4. Erasure of data
The personal data you provide by registering as a user in the app, as well as any subsequent updates, shall not be erased, though data shall be erased where you have not performed concrete actions or activities for a total period of 2 years.
Data used to compile statistics and other analyses are erased no later than 5 years after you grant this consent.
However, data shall always be erased where NightPay ApS is obliged to do so according to the legislation that is applicable at all times.
I am aware and accept that where the product or service I wish to use cannot be provided or rendered, the consent I hereby grant is nevertheless binding. The data which I have provided when granting this consent shall not be erased, and NightPay ApS has the right to send me marketing materials in accordance with the provisions of this consent.
My consent therefore comes into effect upon my acknowledgement of the contents of this document, regardless of whether the request for the product or service I wish to use is only processed after I grant consent.
1.3.5. Data security
NightPay ApS fulfils the safety regulations of the Danish Data Supervisory Body, Datatilsynet, for processing personal data, and is registered with Datatilsynet as a private enterprise.
Only specially authorised employees have access to the data.
The data are stored and processed in a separate, secure environment.
Processors who process data for NightPay ApS shall adhere to corresponding security provisions.
Transmission of data between your hardware device and NightPay ApS is SSL-encrypted.
1.4 DECLARATION OF CONSENT TO PROCESSING OF PERSONAL DATA
1.4.1. Data protection law
The processing of personal data is performed in accordance with the Danish Act on Supplementary Provisions to the Regulation on Protection of Natural Persons in Connection with the Processing of Personal Data and Free Exchange of Such Data (Data Protection Act).
I hereby confirm that I consent to the data processors listed below collecting and processing such personal data regarding my person as are covered by the Data Protection Act.
The data which the data processors collect, register, use, and process comprise your name, e-mail address, date of birth, gender, and Facebook ID, as well as updates to such data.
NightPay ApS collects data on the actions and activities you perform, including how you use our products and services.
NightPay ApS collects and processes data on your current physical location. We use various technologies to identify your location, including your IP address, GPS and other sensors, and beacons for collecting location-based data which may provide NightPay ApS with data on devices, WiFi access points, and mobile telephone masts nearby.
NightPay ApS sends push notifications via your mobile telephone, provided you have activated Bluetooth on your phone. Push notifications are only sent when you enter an area where it is indicated by signage that such technology is in use.
As well as such data which we have received directly from you, NightPay ApS supplements this with data regarding your person which we have received from third parties, including external partners. In such event, it is incumbent on the third party to ensure that you have granted the necessary consent to registration and processing of data.
1.4.3. Use of data
NightPay ApS uses the data collected for objective purposes only, and under proper observance of the circumstances applicable at such time as these data are provided.
NightPay ApS processes data using the technological solutions available at such time, including stitching of data based on data collected across data collection points, as well as data regarding your person which we have received from third parties. At the time of granting this consent, data processing and use of data covers, inter alia, exchange with Google Cloud Platform, Onlinepos, Google Analytics, and Facebook and other social media. We undertake social enrichment by stitching and processing the data specified with data from social media and other platforms.
NightPay ApS is entitled to transfer the collated information to recipients outside of the EU and EEA. However, this is only performed where such recipients have a sufficient level of security with respect to the GDPR.
1.4.4. Data processors
Data is processed by the following companies:
Onlinepos A/S, CVR no. 33037945
Heaps App ApS, CVR no. 36695420
Rekom Digital ApS, CVR no. 38982168
Rekom Group A/S, CVR no. 19415201
Account ApS, CVR no. 20410191
Stripe Payments Europe, Ltd. Com. No. 513174
Nets Danmark A/S, CVR no. 20016175
Mixpanel, Inc., USA
Amazon Web Services EMEA SARL, Luxembourg
I am aware that the purpose of data collection is that NightPay ApS can optimise and develop such products and services which NightPay ApS may offer to me, and hereby consent to such.
I am furthermore aware that the data collected may be exchanged with the aforementioned data processors' partners, and that the data may be used for market analyses, and hereby consent to such.
I confirm that I am aware and accept that:
● the aforementioned data processors shall register and process personal data regarding my persons for the purpose specified;
● I grant my consent voluntarily, and may withdraw such at any time;
● I have the right to be provided with information on the registration, collection, and processing of data for the purposes of electronic data processing;
● I have the right to request access to the data being processed;
● I have the right to object to the data being processed electronically;
● I have the right to demand rectification, erasure, or restriction of data that is incorrect, misleading, or is processed in a similar way in breach of the legislation; and
● I have the right to complain to the relevant supervisory body, e.g. Datatilsynet. Datatilsynet's contact information can be found at www.datatilsynet.dk.
The controller according to the Data Protection Act is:
CVR no. 37 98 72 04
Lavendelstræde 17 C, 4.
1462 Copenhagen K
Messages can be sent to
Document version no.: 1.1. Updated 07/02/19