PRIVACY POLICY AND TERMS OF USE

PRIVACY POLICY
September 2021

This Privacy Policy constitutes an agreement between SMARTKAS B.V. (“Company” or “us” or “we” or “our”) and you or the entity you represent (“you“). Please read this document carefully to be sure that you understand it. By viewing, accessing or using the Company website, you agree to this Privacy Policy as a binding legal agreement between you and us, without limitation or qualification. Our company is the controller and responsible for your personal data as set out in this Privacy Policy and your rights and obligations will depend on which products, services and or activities you are interested in or have engaged with. Being the controller means that this company is responsible for ensuring that your personal data is processed in compliance with applicable privacy and data protection legislation. If you have any questions about this privacy policy, including any requests to exercise your legal rights as a “data subject”, please contact us at legal@smartkas.com. 

SMARTKAS is committed to protect your personal data and to respect your privacy. Privacy is of utmost importance at our company. We recognize the significance of protecting information which is stored on our computers or is intended to be stored on our computers and which relates to an individual. This privacy statement explains the reason for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. This privacy policy is provided in a layered format so you can click through to the specific areas set out below. 

1. PRELIMINARY NOTICE
   
   1. Any information stored on our platform is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Company implements and maintains appropriate technical, security and organizational measures to protect personal data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.
   2. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
   3. We keep our privacy policy under regular review. This version was last updated in November 2020. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. PURPOSE OF THIS PRIVACY POLICY
   1. This privacy policy aims to give you information on how SMARTKAS collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter OR purchase a product or service. By viewing, accessing or using the Company website, you agree to this Privacy Policy as a binding legal agreement between you and us, without limitation or qualification.
   2. It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
3. LEGAL BASIS FOR PROCESSING YOUR DATA
   1. SMARTKAS collects and further processes personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
   2. SMARTKAS generally collects only the personal information necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection. European law allows us to process personal information, so long as we have a legal basis to do so. It also requires us to tell you what those grounds are. As a result, when we process your personal information, we will rely on one of the following processing conditions: 
      1. Performance of a contract: this is when the processing of your personal information is necessary in order to perform our obligations under a contract;
      2. Legal obligation: this is when we are required to process your personal information in order to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency;
      3. Legitimate interests: we will process information about you where it is in our legitimate interest in running a lawful business to do so in order to further that business, so long as it doesn’t outweigh your interests; or
      4. Your consent: in some cases, we will ask you for specific permission to process some of your personal information, and we will only process your personal information in this way if you agree to us doing so.  You may withdraw your consent at any time by contacting SMARTKAS at legal@smartkas.com. 
   3. Examples of the ‘legitimate interests’ referred to above are:
      • To offer information and/or services to individuals who visit our website or offer information about employment opportunities.
      • To prevent fraud or criminal activity and to safeguard our IT systems.
      • To customize individuals’ online experience and improve the performance usability and effectiveness of SMARTKAS’ online presence.
      • To conduct, and to analyze, our marketing activities.
      • To meet our corporate and social responsibility obligations.
      • To exercise our fundamental rights in the EU under Articles 16 and 17 of the Charter of Fundamental Rights, including our freedom to conduct a business and right to property.
4. THE DATA WE COLLECT ABOUT YOU
   1. ‘Personal data’ or ‘personal information’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. It does not include data where the identity has been removed (anonymous data).
   2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
      • Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].
      • Contact Data includes [billing address, delivery address, email address and telephone numbers].
      • Financial Data includes [bank account and payment card details].
      • Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].
      • Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website]. 
      • Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].  
      • Usage Data includes [information about how you use our website, products and services]. Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].
   3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law, as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
   4. In some cases, the personal data that we collect will also include special categories of data, such as diversity related information (including data about racial and ethnic origin, political opinions, religious beliefs and other beliefs of a similar nature, trade union membership and data about sexual life and sexual orientation), or health data and data about alleged or proven criminal offenses in each case where permitted by law.
   5. If you fail to provide personal data. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
   6. You can withdraw consent at any time when we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
   7. Children. SMARTKAS understands the importance of protecting children’s privacy, especially in the online environment. In particular, our websites are not intentionally designed for or directed at children under the age of thirteen, and the nature of our business and the content of our website do not render our services likely to be accessed by children. Nevertheless, it is our policy never to knowingly collect or maintain information about anyone under the age of thirteen. Furthermore, SMARTKAS adheres to the UK Age Appropriate Design Code and strives to ensure that the best interests of children are protected at all times. In this respect, we guarantee high privacy “by default” and have switched off by default the following functions: (1) optional uses of personal data; (2) behavioural advertising; (3) showing location to the world. Furthermore, our privacy settings are set on “high” by default and the data sharing is limited by default. Additionally, if you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
5. HOW IS YOUR PERSONAL DATA COLLECTED?
   We use different methods to collect data from and about you including through:
   1. Direct Interactions. You may give us your [Identity, Contact and Financial Data] by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
      • apply for our products or services;
      • voluntarily complete a customer survey or provide feedback on any of our message boards via email;
      • create an account on our website;
      • subscribe to our service or publications; 
      • use or view our website via your browser’s cookies.
      • give us feedback or contact us.
   2. Automated Technologies or Interactions. As you interact with our website or directly with us by exchanging emails, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.  The collection of this information allows us to customize your online experience, improve the performance, usability and effectiveness of our online presence, and to measure the effectiveness of our marketing activities. Technologies such as cookies, beacons, tags and scripts are used by the Company and our third party partners, affiliates, and/or service providers to analyze trends, administer the websites and/, track users’ movements around the sites, provide advertising based upon browsing activities and interests and to gather demographic information about our user base as a whole. The Company and third parties with whom we partner to provide certain features on our websites or to display advertising based upon your Web browsing activity use Local Storage Objects (LSOs) such as HTML5 to collect and store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs.
   3. Cookies. The Company affiliated websites may use temporary and permanent “cookies” to help you personalize and enhance your online experience of the Company’s Services. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Cookies will typically be placed on your computer or internet-enabled device whenever you visit us online. This allows the site to remember your computer or device and serve a number of purposes. You have the ability to accept or decline cookies. Although most browsers automatically accept cookies, you can choose whether to accept cookies via the cookie consent banner or your browser’s settings (often found in your browser’s Tools or Preferences menu). If you wish to revoke your selection, you may do so by clearing your browser’s cookies, or by updating your preferences in the cookie banner.  If you choose to decline cookies, you may not be able to fully experience the interactive features of the Company’s Services or websites you visit. The Company tie cookie information to your email address when you elect to remain logged in so as to maintain and recall your preferences within the website. Cookies by themselves do not tell us your email address or otherwise identify you personally. In our analytical reports, we will obtain other identifiers including IP addresses, but this is for the purpose of identifying the number of unique visitors to our web sites and geographic origin of visitor trends, and not to identify individual visitors. For further information about cookies, please visit www.allaboutcookies.org.
      Below is a summary of the categories of cookies collected on our websites, and how your consent may impact your experience of certain features as you navigate those websites: 
      • Strictly necessary cookies: Strictly necessary cookies are essential in order to enable users to move around the website and use its features, such as accessing secure areas of the website. These cookies must be enabled or the site will not function, and cannot be blocked.
      • Performance cookies: Performance cookies are cookies used to gather data to enhance the performance of a website.
      • You can manage your consent for performance cookies using the cookie banner, or by updating your browser’s settings (often found in your browser’s Tools or Preferences menu) to not accept cookies.
      • Functionality cookies: Functionality cookies are used to remember customer selections that change the way the site behaves or looks. You may opt-out of these cookies, but it will impact your experience on the website, and you may need to repeat certain selections each time you visit. You can manage your consent for functionality cookies using the cookie banner, or by updating your browser’s settings (often found in your browser’s Tools or Preferences menu) to not accept cookies.
      • Targeting cookies or advertising cookies: Targeting cookies are used to deliver content relevant to your interests. They are also used to limit the number of times you see certain marketing materials, as well as help measure the effectiveness of those marketing materials. If you do not provide consent for targeting cookies, your computer or internet-enabled device will not be tracked for marketing-related activities. You can manage your consent for targeting cookies using the cookie banner, or by updating your browser’s settings (often found in your browser’s Tools or Preferences menu) to not accept cookies.
   4. THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES. We may also receive personal data about you indirectly from various third parties and public sources as set out below:
      • Technical Data from the following parties:
        1. analytics providers [such as Google based outside the EU];
        2. advertising networks [based inside OR outside the EU]; and
        3. search information providers [based [inside OR outside the EU].
      • Contact, Financial and Transaction Data from providers of technical, payment and delivery services [based inside OR outside the EU].
      • Identity and Contact Data from data brokers or aggregators [based inside OR outside the EU].
      • Identity and Contact Data from publicly available sources [such as Companies House and the Electoral Register based inside the EU].
6. HOW WE USE YOUR PERSONAL DATA
   1. SMARTKAS collects and uses your personal information to operate our websites and deliver the services you have requested. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
      • Where we need to perform the contract we are about to enter into or have entered into with you.
      • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
      • Where we need to comply with a legal obligation.
   2. Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
7. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA. 
   1. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
      

      Purpose/Activity	Type of data	Legal basis for processing [including basis of legitimate interest]
      To register you as a new customer.	Identity;  Contact.	Performance of a contract with you.
      To process and deliver your order including: Manage payments, fees and charges; Collect and recover money owed to us.	Identity;  Contact;  Financial;  Transaction;  Marketing and Communications.	Performance of a contract with you;  Necessary for our legitimate interests (to recover debts due to us).
      To manage our relationship with you which will include: Notifying you about changes to our terms or privacy policy; Asking you to leave a review or take a survey.	Identity;  Contact;  Profile;  Marketing and Communications.	Performance of a contract with you;  Necessary to comply with a legal obligation; Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
      To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	Identity; Contact; Technical.	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise); Necessary to comply with a legal obligation.
      To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	Identity;  Contact;  Profile;  Usage;  Marketing and Communications; Technical.	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
      To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.	Technical;  Usage.	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
      To make suggestions and recommendations to you about goods or services that may be of interest to you.	Identity;  Contact;  Technical;  Usage;  Profile;  Marketing and Communications.	Necessary for our legitimate interests (to develop our products/services and grow our business).

8. MARKETING
   We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 
   1. Promotional offers from us. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased [goods or services] from us and you have not opted out of receiving that marketing.
   2. Third–party marketing. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 
   3. Opting out. You can ask us or third parties to stop sending you marketing messages at any time [by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences OR by following the opt-out links on any marketing message sent to you OR by contacting us at any time]. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
9. CHANGE OF PURPOSE 
   1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 
   2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
10. DISCLOSURE AND TRANSFER OF YOUR PERSONAL DATA
    1. We do not share personal information with third parties, except as necessary for our legitimate professional and business needs, to carry out your requests, and/or as required or permitted by law or professional standards. In this respect we may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) is transferred to the third party. 
    2. We may share data and personal information with our trusted third-party partners, resellers, service providers and business partners to help provide our services. The purpose for which the we may disclose your personal information or data to our trusted third parties may include, but are not limited to, data storage, database management, web analytics, payment processing, statistical analysis, as well as Know-Your-Customer procedures and sending you email or postal mail or providing customer support. All such third parties are prohibited from using your personal information except to provide these services to us and in accordance with our instructions. They are required to maintain the confidentiality and security of your personal information and comply with this Privacy Policy.
    3. Your data and personal information may be shared with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
    4. Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data to such external third parties, we ensure that your personal information will continue to be protected by means of contracts we have in place with those organizations outside the EEA, containing standard data protection clauses which are in a form approved by the European Commission. 
    5. SMARTKAS will not transfer the personal information you provide to any third parties for their own direct marketing use.
11. DATA SECURITY
    1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised manner, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 
    2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
12. DATA RETENTION
    1. We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
    2. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
    3. In some circumstances you can ask us to delete your data: see [your legal rights] below for further information.
    4. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
13. YOUR LEGAL RIGHTS
    If SMARTKAS processes personal information about you, you have the following rights:
    1. The right to be informed: you have the right to be informed about the collection and use of your personal data. If the personal data is directly obtained from you, you will be immediately informed of such collection. If your personal data is not obtained directly from you, we will inform you within a reasonable period of time, but at latest after a month. However, if the information is either impossible or unreasonably expensive, the gathering and/or transmission is required by law, or if the data must remain confidential due to professional secrecy or other statutory secrecy obligations, such obligation to inform may not be applicable. 
    2. The right to access: you have the right to access your personal data. This is sometimes called a ‘Subject Access Request’ and it enables you to receive a copy of the personal data we hold about you and to check we are lawfully processing it. If we agree that we are obliged to provide personal information to you, we will provide it to you free of charge. Before providing personal information to you, we may ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information. 
    3. The right to request rectification. If the information we hold about you is incorrect, you are entitled to ask us to correct any inaccuracies in the personal information. In this respect we may need to verify the accuracy of the new data you provide to us.
    4. The right to request erasure of your personal data: this right 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.
    5. The right to object to processing: you have the right to object to us processing your personal information 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.
    6. The right to restrict processing: this right 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. 
       • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
    7. The right to data portability: you have the right to request that we directly transfer the personal data that we have collected to another organisation, or to you. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
14. POLICY QUESTIONS AND ENFORCEMENT
    1. SMARTKAS is committed to protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at legal@smartkas.com and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards. You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Statement. We will acknowledge your email within 14 working days and seek to resolve your concern within one month of receipt. Where the concern is complex or we have a large volume of concerns, we will notify you that the concern will take longer than one month to resolve, and we will seek to resolve your concern within three months of the concern being first raised.  We may accept your concern (and in that case implement one of the measures set out in the ‘YOUR LEGAL RIGHTS’ section above), or we may reject your concern on legitimate grounds.
    2. In any event, you always have the right to lodge a complaint with the Dutch regulator in charge of protecting personal information, the Dutch Data Protection Authority / De Autoriteit Persoonsgegevens (AP).