|Purpose/Activity||Type of data||Legal basis for processing [including basis of legitimate interest|
|To register you as a new customer.||
||Performance of a contract with you.|
To process and deliver your order including:
To manage our relationship with you which will include:
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).||
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.||
Marketing and Communications;
|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.||
|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.||
Marketing and Communications.
|Necessary for our legitimate interests (to develop our products/services and grow our business).|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
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.
Third–party marketing. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
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.
CHANGE OF PURPOSE
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.
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.
DISCLOSURE AND TRANSFER OF YOUR PERSONAL DATA
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.
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.
SMARTKAS will not transfer the personal information you provide to any third parties for their own direct marketing use.
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.
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.
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.
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.
In some circumstances you can ask us to delete your data: see [your legal rights] below for further information.
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.
YOUR LEGAL RIGHTS
If SMARTKAS processes personal information about you, you have the following rights:
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.
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.
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.
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.
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.
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.
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.
POLICY QUESTIONS AND ENFORCEMENT
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 email@example.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.
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).
TERMS AND CONDITIONS OF USE
The use of this Website constitutes agreement with the following terms and conditions:
SMARTKAS B.V. maintains this Website as a courtesy to those who may choose to access the Site (“Users”). The information presented herein is for informative purposes only. Unless specified to the contrary, the contents of this Website and pages are protected by copyright and no part of them may be reproduced in any form or used in any other way except with SMARTKAS B.V.’s prior written permission or in accordance with the next term set out below. SMARTKAS B.V. grants permission to Users to visit the Website and to print, download and copy the visible text from the Website for the User’s personal, non-commercial use, without any right to resell or redistribute them or to compile or create derivative works therefrom, subject to the terms and conditions outlined below, and also subject to more specific restrictions that may apply to specific content within this Website.
SMARTKAS B.V. administers this Website. All content on this Website from SMARTKAS B.V. appears subject to the present Terms and Conditions of Use.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
Materials provided on this Website are provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. SMARTKAS B.V. specifically does not make any warranties or representations as to the accuracy or completeness of any information, documents and materials (collectively, “Materials”). SMARTKAS B.V. periodically adds, changes, improves or updates the Materials on this Website without notice. Under no circumstances shall SMARTKAS B.V. be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Website, including, without limitation, any fault, error, omission, interruption or delay with respect thereto. The use of this Website is at the User’s sole risk. Under no circumstances, including but not limited to negligence, shall SMARTKAS B.V. be liable for any direct, indirect, incidental, special or consequential damages, even if SMARTKAS B.V. has been advised of the possibility of such damages.
The User specifically acknowledges and agrees that SMARTKAS B.V. is not liable for any conduct of any User.
SMARTKAS B.V. reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any Materials in any respect. SMARTKAS B.V. shall have no obligation to take the needs of any User into consideration in connection therewith.
SMARTKAS B.V. reserves the right to deny in its sole discretion any user access to this Website or any portion thereof without notice.
No waiver by SMARTKAS B.V. of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
This site may contain advice, opinions and statements of various information providers. SMARTKAS B.V. does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of this Site or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at the User’s own risk. Neither SMARTKAS B.V., nor any of its respective agents, employees, information providers or content providers, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of the cause, or for any damages resulting therefrom.
As a condition of use of this Website, the User agrees to indemnify SMARTKAS B.V. from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of the User’s use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms and Conditions. If the User is dissatisfied with any Material on this Website or with any of its Terms and Conditions of Use, the User’s sole and exclusive remedy is to discontinue using the Website.
This Website may contain links and references to third-party websites. The linked sites are not under the control of SMARTKAS B.V., and SMARTKAS B.V. is not responsible for the content of any linked site or any link contained in a linked site. SMARTKAS B.V. provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by SMARTKAS B.V.
If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, “Forums”), the User agrees to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, the User agrees that when using a Forum, he or she shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law;
Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
Falsify the origin or source of software or other material contained in a file that is uploaded;
Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
The User acknowledges that all Forums and discussion groups are public and not private communications. Further, the User acknowledges that chats, postings, conferences, e-mails and other communications by other Users are not endorsed by SMARTKAS B.V., and that such communications shall not be considered to have been reviewed, screened or approved by SMARTKAS B.V.. SMARTKAS B.V. reserves the right to remove, for any reason and without notice, any content of the Forums received from Users, including, without limitation, e-mail and bulletin board postings.
FAIR USE POLICY
These Terms and Conditions of Use were designed to comprehensively cover issues that may arise in connection with the use of this Website. However, there may still be situations not expressly foreseen herein. All such situations not expressly regulated herein, shall be subject to a general requirement of fair use. This means that users of the Website shall, in all respect, comply with generally accepted standards of fairness in their use of this Website.