Privacy policy

Important: On February 20th 2023 Alaya SA became Benevity SA, this Privacy Policy been updated to reflect our new legal name. All references to Benevity herein refer to Benevity SA, Quai de l’Ile 13, 1204 Geneva, Switzerland. 

1. Purpose

1.1. The purpose of this Privacy Policy is to inform Users about the privacy and information practices regarding Personal Information (as defined below) of this web site and other web sites or applications such as the Platform that link to this Privacy Policy. This Privacy Policy applies to all Users of the Platform including Clients and their Employees, Beneficiaries and their employees, and other visitors to our Site such as prospective clients and their employees and subscribers to our web-based informational materials.

1.2 In general, terms starting with an upper-case in the present conditions convey the meaning attributed to them in art. 1 of the general terms and conditions. For the purposes of this Privacy Policy the following terms shall have the following meanings:

Personal Information: information about an identifiable individual who can be directly or indirectly identified, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified. A summary table of the Personal Information processed (“Data Table”) is attached to this Privacy Policy.

Platform The secure pages of the Site, accessible only to registered Users via the following link: www.alaya.world and allowing in particular interactions between Beneficiaries and Employees so that the latter can offer Benefits or undertake Actions.

Site The website at www.alayagood.com and any other domains pointing to this address operated by Benevity and its affiliates.

User or you Anyone using the Platform or any other media powered by Benevity.

1.3. This Privacy Policy applies in addition to the General Terms and Conditions and other documents included in the Contractual Documentation. In the event of any discrepancy between the General terms and conditions and this Privacy Policy, the latter shall prevail.

1.4. Benevity provides access and use of the Site to the User on the condition that the User accepts the terms of this Privacy Policy and any other relevant site documents. In case of disagreement with this Privacy Policy, the User is invited not to use the Site or the Platform and not to communicate their Personal Information.

1.5 By using the Site, User consents to the collection, use and disclosure of their Personal Information in accordance with this Privacy Policy. The terms of this Privacy Policy apply to all Personal Information collected by Benevity on the Site. 

1.6 The Site may be accessed via or contain links to other web sites or applications, such as the User’s employer’s intranet, a Beneficiary's website, informational links that are embedded within content, and the like. Benevity is not responsible for the information practices or the content of such other web sites or providers and encourages Users to review the privacy statements of such other web sites or application providers to understand their information practices.

1.7 Benevity uses cookies on the Site which Users may block in case of disagreement. Additional information on cookies may be found in our Cookie Management Policy. 

2. Collected data

2.1. Information collected automatically. When consulting the Site or using the Platform, certain data concerning the User is collected automatically (IP address, location, pages consulted, date and time of consultation, cookies or similar technologies, browser preference, operating system, access data, etc.). In addition to the data collected directly by Benevity, certain data may be collected by other service providers such as Google Analytics, Hubspot, Hotjar, Segment, Intercom, Salesmachine, or Mixpanel. Only the privacy policies of these service providers apply when they collect data and Benevity cannot be held responsible for their treatment. To learn more about the use of cookies, please see our Cookie Management Policy.

2.2. Information freely provided by Users. The User may be asked to provide Personal Information in order to utilise the Services offered by Benevity. The data required for use is, in particular:

(i) For all Users : email address, first name, last name, company name, native language, skills and interests.

(ii) For Employers: last name, first name, phone number, email address, company name, representative.

(iii) For the Employees: name, first name, email address, gender, Employer, Office Location etc.

(iv) For the Beneficiaries: name, respectively company name, representative, activities, email etc.

This data is mandatory and its absence may make it impossible for Benevity to provide the Services. In addition to the data necessary to access the Services, optional data may be provided voluntarily by the User, such as a photograph, interests, hobbies, biography, participation in activities, registered means of payment, answers to questions in surveys, etc.

The data required for use (mandatory) is identifiable in the forms either by an asterisk or by the impossibility to validate the form without filling in the dedicated field. Additional non-mandatory data may be requested from Users by Benevity, and by voluntarily providing information to Benevity, the User consents to the collection and use of their Personal Information as set out in this Privacy Policy.

2.3. Information provided by the Employers. Employers may register their Employees directly on the Platform. In doing so, they will provide limited Personal Information about their Employees in order to establish the Employee’s eligibility and log-in credentials, to implement payroll giving, if applicable, and provide reporting to our clients based on office location and business units. The Employer shall be solely responsible for obtaining the consent of Employees to their registration on the Platform and for providing the information necessary for this purpose.

2.4. Information provided by third parties. The Data Table lists third-party information collected and processed by Benevity.

2.5. Information concerning minors. Benevity strives to ensure that no Personal Information is collected from minors unless otherwise agreed by legal representatives or under specific agreements with schools or other Clients. Any Personal Information that may be collected unintentionally will be destroyed as soon as possible after Benevity discovers such collection.

2.6. Information related to the use. When using Benevity's Services, certain Personal Information is collected through the use of the Services. The Data collected is listed in the Data Table.

2.7 Sensitive Data: Our Platform is designed to facilitate efficient employer and corporate matching programs and is not intended for the processing of “sensitive information” as defined in various jurisdictions including personal health, financial or confidential Personal Information.

3. Use of collected personal information

3.1. Data collected automatically. Automatically collected Personal Information allows Benevity to analyse User behaviour on the Site and Platform, traffic, and preferences, in particular to optimise and improve the quality of its Services.

3.2. Data provided by Users, the Employer or third parties and data collected during the use of the Services. Benevity processes and uses the necessary Personal Information in order to fulfil its contractual or legal obligations and to verify compliance with the Platform and Site terms of use. The processing of this Personal Information also makes it possible to provide personalised content to better meet the User's expectations.

3.3. Benevity utilises third-party service providers to manage credit card processing. Neither Benevity, its affiliates, nor the foundations receive or hold User’s credit card information. These service providers are not permitted to store, retain or use such information except for the purpose of credit card processing of donations, charitable gift cards or other purchases authorised by User through the Platform. Details of their respective privacy and information practices are accessible through their respective merchant platforms that may be accessed via or integrated with a Site.     

3.4 The Data Table details the timing and use of the types of Personal Information collected.  

4. Communication and data transmission

4.1. The User's personal data is not passed on to third parties with the intention of using it for direct marketing purposes unless the User has given his or her consent to this effect.

4.2. The User's personal data may be transmitted or communicated to third parties in the following cases:

(i) in order to execute the obligations resulting from the relationship between the Employee and the Beneficiaries. In particular, when an Employee undertakes Benefits in favour of a Beneficiary. The data collected in the context of the use of the Platform may also be used for the purpose of promoting profiles, positions or similar or identical articles that may be of interest to the User;

(ii) When opening an account with financial partners to allow payments;

(iii) in order to allow the Employers to know the total activity of its Employees authorised by him on the Platform as well as the Employees of the same Company;

(iv) in connection with the provision of services on behalf of Benevity;

(v) when the User has given its consent to it;

(vi) during joint promotions or programs with partners;

(vii)  where required by law or where disclosure is reasonably necessary to comply with a court order or to respond to a legal claim;

(viii) in the event of a merger, acquisition of the company or shares of the company by another company.

The Data Table specifies the purpose for which the collected data is processed.

4.3 Users are reminded that the processing of data by third parties to whom Benevity may be required to communicate data is governed exclusively by the privacy policy of said third parties. Benevity cannot be held responsible for their use.

4.4. As a matter of principle, personal data of Employees may be communicated and shared to all other Employees of the same Enterprise and to the Employer, mainly through social network features of the Platform (for instance, as a user you can see all the other users that have created an account and you can invite them to specific activities). Other information is automatically shared on the newsboard with other employees, such as for example the amount of volunteering hours or the completion of a challenge. However, Employees may indicate, for certain Services (as defined in the conditions applicable to the use of the Platform) that information concerning them is to be made anonymous for their Employers & other Employees (e.g., the amount of a donation made through the Platform).

4.5. Benevity reserves the right to anonymize certain data for the purpose of using it or passing it on to third parties for research, statistical or marketing purposes.

4.6 Benevity does not sell User’s Personal Information to any third party but only transfers Personal Information to sub processors as necessary to provide our service. Benevity remains responsible to the User for any UserPersonal Information that is shared with third party sub processors. (However, if the User privacy settings are configured on a particular donation to direct Benevity to release the User Personal Information to the charitable or non-profit organisation to which the User is donating, User acknowledges that although Benevity takes reasonable steps to obtain assurance from such organisations to not, unless required by law, disclose the User Personal Information without the User’s consent, Benevity is not responsible for that organisation’s use of such information.)

5. User rights

5.1. Access right and right to data portability. The User may at any time request that the personal data stored by Benevity concerning him/her be transmitted to him/her in a structured, commonly used and machine-readable format. In addition, the User may request Benevity to transmit the said personal data directly to another data controller, which Benevity will undertake within a reasonable period of time and to the extent technically possible.

5.2. Right of rectification. Users whose data is inaccurate or incomplete have the right to request the rectification or where possible make the necessary edits themselves in their user profile on the Platform. 

5.3. Right to withdraw, restrict and/or object. The User may at any time object to the collection or processing of certain data concerning him/her (opting out) . The User may also request the restriction of the processing of their Personal Information. This objection may prompt the termination of use of the Site or the Platform. If Benevity has collected and processed User’s Personal Information with the User’s consent, the User can withdraw their consent at any time. Withdrawing consent will not affect the lawfulness of any processing Benevity conducted prior to the withdrawal, nor will it affect processing of Personal Information conducted in reliance on lawful processing grounds other than consent;

5.4. Right to erasure. The User has the right to request the erasure of personal data concerning him/her when their use is no longer necessary or when the User no longer agrees with the processing of his/her data. Such data will be erased as soon as possible, unless otherwise provided by law.

5.5. Exercise of rights. In the case of Employer provided User Personal Information, the Employer will be deemed to be the controller and all requests for access to Personal Information should be forwarded through such controller to Benevity. To exercise the above rights for other types of Personal Information, the User can make a request at any time to the following address: privacy@benevity.com. Benevity will respond to User access, deletion portability and modification requests within 30 days of receipt.

6. Security

Benevity takes the protection of its Users' data very seriously and is committed to treating their personal data confidentiality and with the utmost care. Benevity takes appropriate security measures to prevent unauthorised access, disclosure, modification or destruction of the data collected. However, although some personal data is encrypted, Benevity cannot guarantee full and complete protection of the data against unauthorised processing due to the risks associated with the use of the Internet and electronic means of communication.

7. Data retention

7.1. Data collected by Benevity is retained for as long as required for the purpose for which it was collected, subject to local legal provisions that may provide for different data retention periods, for example in relation to tax or accounting requirements. After this period, personal data will either be destroyed in a secure manner or anonymised. 

7.2. The duration data is kept is specified for each type of data in the Data Table.

 

8. International data transfers

Personal Information collected by Benevity may be stored and processed in the countries detailed in the Appendix hereto in which we or our sub processors maintain facilities, and by providing us with Personal Information and using the Site or Services, the User consents to any such transfer of information outside their country. Any such transfers are effected in strict compliance with the EU’s data transfers laws and include such additional safeguards and processes such as data transfer risk assessments, data encryption, consent, and Standard Contractual Clauses (which we have in place with our United States affiliates). Note that Canada has been deemed to have adequate safeguards for the protection of personal information by the European Commission. 

9. Modifications

9.1. Benevity reserves the right to change its Privacy Policy at any time. Changes will be posted on the Site and Platform and will be effective from the date of publishing.

9.2. Unless otherwise agreed with the Client in their SaaS Agreement, the most recently published online Privacy Policy is the applicable version. By continuing to browse the Site or the Platform, the User accepts the Privacy Policy in force.

Last updated 6^th March 2023

Appendix to the privacy policy

*For the purpose of this appendix, the Term “Service Providers of Benevity” for the specific services listed shall be the following: