Privacy Policy and Cookies

 

We are committed to protecting and respecting your privacy. This policy is intended to let you know about the kinds of personal information we may obtain about you, how we may use that information and who we may share that information with.

In this policy references to: 

  • “personal information”: is information that is about you and which identifies you; 
  • “Hype Energy Drinks products and services” are the products and services offered by Hype Energy Drinks, including but not limited to marketing and advertising services, and non-alcoholic beverages such as flavoured energy drinks, soft drinks and/or caffeinated drinks;  
  • “Hype Energy Drinks”, “we”, “us” or “our” in this policy and for this purposes means Hype Energy Drinks Company, and its representative within the EU is Hype Marketing Spain SL, company number B92336494, with its registered address at Business Centre Puerta de Banus 42-44, 29660 Marbella (Spain). 

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

We are the data controller of your personal information for the purposes of data protection regulations. 

If you have questions about how your personal information is kept or if you wish to exercise one or more of your rights (as set out below) in regards to the personal information we keep on you, please contact our Data Protection Officer (“DPO”) at dataprotection@hype.com, or to Hype Marketing Spain SL, Business Centre Business Centre Puerta de Banus 42-44, 29660 Marbella (Spain).

 

WHAT PERSONAL INFORMATION WE COLLECT

 We collect the personal information of the following types of people to allow us to undertake our business: 

  • Prospective and existing client and distributor contacts
  • Supplier contacts to support our services
  • Employees, consultants, part-time workers and interns
  • Prospective candidates for permanent, contract, interim and part-time roles

 

HOW YOUR PERSONAL DATA IS COLLECTED 

Information you give to us or we collect about you. This is information about you that you give us by filling in forms (“contact” or “distributor” forms) on our websites www.hype.com, www.hype.es and www.hype.fr (our “websites” or “sites”) or by corresponding with us in person, by phone, e-mail or otherwise. It also includes information you provide when you register your candidature to work with us (“work with us” form), subscribe to our services, attend our events, participate in social media functions on our site, and when you report a problem with our sites.
Information we collect about you when you visit our sites.

Every time you visit our sites we will automatically collect the following information: 

  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, operating system and platform;
  • Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), service you viewed or searched for page response times, download errors, length of visits to certain pages, methods used to browse away from the page.
Information we obtain from other sources.

This is information we obtain about you from other sources including but not limited to publicly accessible sources, social media websites, corporate websites, personal recommendations or fairs.

In this case we will inform you, by sending you this privacy notice, within a maximum of 30 days of collecting the data of the fact we hold personal data about you, the source the personal data originates from and whether it came from publicly accessible sources, and for what purpose we intend to retain and process your personal data.

 

HOW AND WHY WE USE YOUR PERSONAL DATA

Under personal data protection regulations, we can only use your personal data if we have a proper and lawful reason for doing so. Most commonly this will be:

  • for the performance of our contract with you or to take steps at your request before entering into a contract;
  • to comply with our legal obligations;
  • where we have a legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interests; or
  • in some circumstances and if legally required, where you have given us your express consent.

Your personal information may be used by us, our employees, service providers and disclosed to third parties for the following purposes. For each of these purposes, we have set out the legal basis on which we use your personal information below.

Purpose

Legal Basis for the processing of your personal information
To carry out our obligations arising from any contracts entered into between you and use and to provide you with the information, products and services requested or we think will be of interest to you because it is relevant to you or your organisation. The processing is necessary for the performance of our contract with you.
To carry out our obligations arising from any contracts we intend to enter into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to your organisation. The processing is necessary in order for us to take steps prior to entering into a contract with you.
To evaluate your application as a potential candidate for permanent, contract, interim and part-time roles. The processing is necessary in order for us to take steps prior to entering into a contract with you.
To provide you with products, services and information requested by you.

The legal basis will fall into one of the following four categories, depending on the communication and the purpose for which it was sent: 

    • our legitimate business interests in order for us to manage our relationship with you;
    • performance of a contract between you and us;
    • consent; and/or
    • compliance with legal obligations to which we are subject.
To keep you up to date by telephone and email with information about Hype Energy Drinks (newsletters), and offers and promotions subject to any marketing preferences indicated by you (direct marketing).

We may have a legitimate interest in processing your personal data for direct marketing purposes in order to conduct and manage our business. If so we do not need your consent to send you our promotional communications.

Nevertheless, where consent is needed, this processing will be carried out with your consent.

Please be assured that we will always treat your personal data with the utmost respect and never sell it to other organisations outside the Hype Energy Drinks group for marketing purposes.

If you no longer want to receive our newsletters or any marketing-related emails from us on a going-forward basis, you can opt-out of receiving these emails by emailing at any time: by emailing dataprotection@hype.com; or using the ‘unsubscribe’ link in our emails.

To manage complaints, feedback and queries. This processing will be necessary for the performance of our contractual obligations between you and us; and/or our legitimate business interests in order for us to manage our relationship with you and to enable us to improve and develop our business operations and  services.
To notify you about changers to our sites and to ensure that content from our sites is presented in the most effective manner for you and for your computer. This processing is necessary for our legitimate business interests in order for us to manage our relationship with you.

 

HOW LONG WE WILL KEEP YOUR PERSONAL INFORMATION FOR

We will keep your personal information for as long as necessary for the purposes for which it was collected, to provide you with services and to conduct our legitimate business interests or where otherwise required by law.

If you have applied to our job vacancies as a potential candidate for permanent, contract, interim and part-time roles, we will keep your personal information for no longer than 12 months. After the 12 month´ period, if you are interested in participating in future recruitment processes you will need to send us again your curriculum vitae.

 

WE MAY DISCLOSE YOUR PERSONAL INFORMATION

We do not sell or trade your personal data, but we may share it with:

  • Any member of our group both in the European Economic Area (“EEA”) and outside of the EEA.
  • Selected third parties including: 
  • Professional advisors (e.g. external lawyers, tax advisors, payroll providers or other experts and consultants);
  • Clients, business partners, suppliers and sub-contractors for the performance and compliance obligations of any contract we enter into with them or you;
  • Subcontractors including email marketing specialists, event organisers, payment and other financial service providers.
  • analytics and search engine providers that assist us in the improvement and optimisation of our site;
  • compliance partners and other sub-contractors for the purpose of assessing your suitability for a role where this is a condition of us entering into a contract with you.

 We may also disclose your personal information to other third parties, for example:

  • in the event that we sell or buy any business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets;
  • if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our group), personal information held by us will be one of the transferred assets; and
  • if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply the agreements concerning you (including agreements between you and us).

 The lawful basis for the third-party processing will include:

  • their own legitimate business interests in processing your personal data;
  • satisfaction of their contractual obligations to us as our data processor;
  • for the purpose of a contract in place or in contemplation;
  • to fulfil their legal obligations.

 Where we transfer your information outside the EEA, we will implement appropriate and suitable safeguards to ensure that such personal information will be protected as required by applicable data protection law. These measures generally include: 

  • Commercial terms to safeguard the processing of Your Information.
  • Technical security standards commensurate the nature of data being processed.

 

COOKIES 

Our sites use cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

To ensure that you get the most out of our websites, we advise that you keep cookies enabled on your computer. By accessing our websites, you automatically accept the use of cookies and similar devices.

If you wish to prevent cookies and similar files from accessing your hard disk, you can delete and block all cookies from our website by going to the help section of your browser or the user manual. However, note that some parts of our website will not function properly or be available if you refuse to accept a cookie or choose to disable them.

The list below describes the cookies we use on this site and what we use them for. Currently we operate an ‘implied consent’ policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete the cookies having visited the site, or you should browse the site using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.) 

  • First Party Cookies

These are cookies that are set by this website directly.

We use Google Analytics to collect information about visitor behaviour on our website. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. This Analytics data is collected via a JavaScript tag in the pages of our site and is not tied to personally identifiable information. We therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.

  • Third Party Cookies

These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons across the site allow visitors to share content onto social networks. Some of our pages feature Cookies set by LinkedIn, Facebook, Google+ and Twitter. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of our website. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on this website. 

You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.

 

SECURITY 

We seek to use reasonable organizational, technical and administrative measures to protect your personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem. 

 

YOUR RIGHTS 

Where applicable under EU regulations, you may have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details above (under the heading “Privacy Policy”). 

Right of access to your personal information You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.  
Right to rectify your personal information You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
Right to erasure of your personal information You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation. 
Right to restrict the use of your personal information You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to data portability You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.
Right to object to the use of your personal information You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party) including for profiling; and (ii) if you object to the use of your personal information for direct marketing purposes, including profiling (to the extent it relates to direct marketing).
Right to object to decision which is based solely on automated processing You have the right in certain circumstances not to be subject to a decision which is based solely on automated processing without human intervention. 
Right to withdraw consent You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
Right to complain to the relevant data protection authority You have the right to lodge a complaint with the supervisory authority. In Spain this authority is the Data Protection Spanish Agency (www.agpd).

 

CHANGES OF THIS POLICY

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

This policy was last updated on 24 May 2018.

 

CONTACT  

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to dataprotection@hype.com