1. Smartwares Europe

Smartwares Europe is a Netherlands based company. Our business operations are located in the Netherlands and we store our data on servers in the European Economic Area (EER).

We are committed to comply with all applicable Dutch and European data protection laws and regulations.

These Privacy Terms (“Privacy Terms”) summarize when and how your personal information is collected, used, safeguarded and disclosed in connection with your access to, and use of, applications and websites operated by us and all features, functions, software and services offered through the applications and website. The applications, the website, the features, functions, software and services offered through the website and applications collectively constitute the “Service.”

2. General

We reserve the right to change the provisions of these Privacy Terms from time to time. If we make changes, we will notify you. We encourage you to periodically review the latest Privacy Terms.

3. What personal information do we collect

Personal Information may be collected in a number of ways when Customer uses our Service. Below is an overview of the personal data that we collect. The personal data are categorized according to the processing purpose. Next to each personal data is defined how long the relevant personal data will be processed.

3.1 Processes based on a legal basis, art. 6(1c) GDPR (administrative obligations), processing time 10 years

• name
• address
• <other invoice details >

Failure to provide or object to the aforementioned personal data may have consequences for your use of the Service. We may block or restrict your access to the Service and we reserve the right to terminate the agreement or the right of use in accordance with our terms and conditions. The personal details mentioned in this section are required to comply with our legal obligations.

3.2 Processes necessary to execute an agreement, art. 6(1b) GDPR (the delivery of the Service), processing time up to 2 years after the termination of the agreement

3.2.1 General

• Name
• private and / or business e-mail address
• password
• phone number
• employer
• work-related function
• sex
• date of birth
• other personal data that you enter when contacting Smartwares Europe

Failure to provide or object to the aforementioned personal data may have consequences for your use of the Service. You may be obstructed in the use of the Service, the Service may not function properly. We may block or restrict your access to the Service and we reserve the right to terminate the agreement or the right of use in accordance with our terms and conditions. The personal data mentioned in this section is required for the Service to function properly or to be able to perform.

3.3 Processing for the defense of the legitimate interests of Smartwares Europe, art. 6 (1f) GDPR, processing period up to 2 years after the termination of the agreement

3.3.1 Improving our services

 

3.3.2 Keeping the Service safe

• IP address
• device ID
• user ID
• operating system
• time, date and place of login

3.3.3 To inform you about other services of Smartwares Europe

• e-mail address (if you enter this in the appropriate field)

Failure to provide or object to the aforementioned personal data may have consequences for your use of the Service. We may block or restrict your access to the Service and we reserve the right to terminate the agreement or the right of use in accordance with our general terms and conditions (this does not apply to the personal data referred to under 3.3.3.). The personal information mentioned in this section is required to meet the legitimate interests of Smartwares Europe and to prevent misuse of the Service and security incidents.

3.4 Processing with your consent, art. 6 (1a), 7 GDPR  processing time up to 2 years after the end of the agreement

3.4.1 To inform you (at your request) about the service or other services of Smartwares Europe you have followed

• name
• organization
• e-mail address

3.4.2 To inform you at your request and to answer your questions

• name
• organization
• e-mail address
• other personal data that you enter when contacting Smartwares Europe

3.4.3 Voluntarily filled in information on our websites

Failure to provide or object to the aforementioned personal data will not affect your use of the Service. Refusing or withdrawing permission will have as a consequence that we will not inform you as stated above. It will not have other negative consequences for your use of the Service.

The aforementioned personal data will be processed as soon as you make use of the Service. Personal data that is only processed with your permission will be processed as soon as you have given permission or provided the personal data.

4. Sharing personal data

Unless otherwise stated in this privacy statement, we do not describe, sell or trade personal information about our visitors and users to third parties.

4.1 Sharing with processors

Smartwares Europe may engage third parties to assist us in providing the Service. Those third parties may, in the context of their role in providing the Service, process your personal data. In this respect, such a third party is hereinafter referred to as ‘Processor’. We conclude processing agreements with these processors.

We use the following types of Processors:

• developers and suppliers of software;
• storage of (personal) data and database management and maintenance;
• research agencies and analytical software to improve our services (including privacy-friendly Google Analytics that does not share personal data with Google);
• ticket managers for customer support;
• managers of evaluation forms;
• hosting provider (s);
• providers of relationship management software.

In some cases, the Processor may collect your personal data on our behalf. We inform the Processors that they may not use personal data that they obtain from us or collect on our behalf, except for the purpose of providing the Service. Smartwares Europe is not responsible for any additional information that you provide directly to Processors. We recommend that you inform yourself properly about the Processor and his company before providing personal data to such Processors.

4.2 Share with your permission

From time to time we may also share personal data with third parties if you give us permission to do so. For example, we can work with other parties to offer specific services or offers directly to you. If you subscribe to these third-party services or marketing offers, we may share the personal information you provide, such as name or other contact information we reasonably deem necessary, with these third parties so that our business partner can provide the services or offers or contact you.

4.3 Our legal responsibility

We may share personal data if we can trust that this is permitted by law or if we are legally obliged to do so. We may also share personal data with third parties if this is reasonably necessary or appropriate to comply with legal obligations, if this is necessary to comply with legal requests from authorities, to respond to any claims, or to the rights, property or safety of third parties. protect us, our users, our employees or the public and, without limitation, protect us or our users against fraudulent, abusive, inappropriate or unlawful use of the Service. We will immediately notify you of requests from an executive, administrative or other government agency that we receive and that are related to your personal data, unless this is prohibited by applicable law.

4.4 Merger or sale (part) of the company

Personal data may also be disclosed, shared and transferred as part of, or during negotiations about, a merger, sale of assets of the company, financing or purchases or in any other situation where personal data may be transferred as part of our business.

5. Protection of personal data

Smartwares Europe will ensure that appropriate technical and organizational security measures for the processing of personal data are taken. We follow generally accepted standards for the protection of personal data, both during the transfer and once we have received the personal data. We have in any case taken the following measures:

• We have implemented physical and electronic measures designed to prevent unauthorized access, loss or misuse of personal data as much as possible.
• We use SSL (Secure Socket Layer) technology where necessary to encrypt transmission of sensitive information or personal data to us, such as account passwords and other payment-related identifiable information.
• Where possible, back-ups of personal data are made.
• Sensitive information is stored encrypted wherever possible.
• Vulnerabilities in the software are dealt with as quickly as reasonably possible.

You must take into account that our Processors are responsible for processing, managing or storing (some of) the personal data we receive. Processors are not authorized to use this data to advertise with you. These Processors are contractually, by means of a processor agreement, obliged to protect the personal data that they have received from us.

However, there is no way of transmitting over the internet or a method of electronic storage that is 100% secure. That is why we cannot guarantee absolute safety.

Links to third party sites

Our Services and / or the website may contain links to other websites, as well as advertisements from third parties. Third party websites can keep track of information about you. We have no control over such sites or their activities. Any personal data you provide on the pages of third parties will be provided directly to that third party and will be subject to the privacy policy of that third party. We are not responsible for the content, privacy and security practices and policies of websites that we link to or that advertise on our Services and / or websites. Links from our website to third parties or to other sites are only made available to you. We encourage you to review their privacy and security practices and policies before you provide personal information to them.

6. What choices do you have with regard to the use of personal data?

Before we share your personal data with third parties in ways not covered by this privacy statement, including use for direct marketing purposes, you will be notified and asked to give permission at the time such information is collected.

We can send you marketing and promotional material about our products and services.

If you no longer wish the information to be used for direct marketing, you can contact us at the e-mail address listed under ‘Contact’.

You can also unsubscribe yourself by following the unsubscribe instructions included with each promotional e-mail. This does not affect our right and our ability to send you Service and account related e-mails or to use personal data as described in this privacy statement.

We will respond to your requests as soon as possible after receiving the request.

7. Your rights

You can check, update, correct or delete your relevant personal data collected by the website and the Service, by contacting in a way as referred to under Article 9 ‘Contact’ or by using a function designed for this purpose in the service.

You have the right to withdraw a given consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data that is processed for the purpose of the legitimate interests pursued by the controller or a third party as described under 3.3. In this case we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

Please note that the removal of personal data or the limitation of the processing or the withdrawal of consent under certain circumstances may lead to the termination of the right to use the service.

We reserve the right to retain your personal data in our files if we believe that this is necessary or recommended to provide the Service to others, to resolve disputes, to maintain the applicable terms of use, for technical and / or legal requirements and / or if the Service requires this.

In order to access your own personal data by e-mail, you must provide sufficient proof of your identity as we request it. We reserve the right to deny access to any user if we believe that there are questions about your identity. We respond to all access requests within 4 weeks. With complex requests, the deadline can be extended by another 4 weeks. If we extend the term, we will notify you within 4 weeks of the submission of the request.

You can request us to limit or stop the processing of your personal data in the future. We comply with your request as long as we do not reserve the right to retain your personal data as described above, but you may be hindered in your use of the Service and you may not be able or permitted to use the Service, as stated in Article 4 of this privacy statement.

You may request us at reasonable intervals to transfer the personal information that we process about you, as specified by you, as long as the requested information does not contain personal data of other natural persons and as long as the requested information is processed on the basis of the grounds mentioned in articles 3.2 and 3.4 of this privacy statement (right to data portability). We will respond to your request within 4 weeks of receiving the request.

You have the right to file a complaint with the competent privacy authority that is related to our processing of personal data. For the Netherlands this authority is the Dutch Data Protection Authority, which you can reach at https://autoriteitpersoonsgegevens.nl/.

8.Contact

If you have questions, problems or comments about this privacy statement, you can contact us by e-mail on info@smartwaresgroup.com or by calling + 31 (0)13 0900 5300.