Privacy Policy Smart Online - Smartendr

Privacy Policy Smart Online

Version 1.2

This is the privacy policy of the website and application of SMART ONLINE, a company duly organized and existing under Belgian law, having its registered office at Molenwalstraat 113, 9032 Ghent and registered in the Crossroads Bank for Enterprises with company number 0742.998.719 (hereafter: “SMART ONLINE” or “we”).

This privacy policy intends to inform you about the personal data that SMART ONLINE collects through its websites, applications and contact forms and to explain why we collect your personal data and how we deal with your personal data (hereafter: Privacy Policy).

This Privacy Policy may be modified, for example, in connection with new features on the websites and applications or to comply with new legal, contractual or administrative obligations. We therefore recommend that you regularly consult this Privacy Policy and will announce important changes on our website. This version of the Privacy Policy was last modified in August 2020.

The Privacy Policy should be read together with the cookie policy of SMART ONLINE, which is available here: Cookie Policy.

 

1. WHEN DOES THIS PRIVACY POLICY APPLY?

This Privacy Policy is applicable to the processing of all personal data by SMART ONLINE and its affiliated companies (e.g. in the context of its websites) unless explicitly stated otherwise.

 

2. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR PERSONAL DATA?

SMART ONLINE is responsible for the processing of your personal data. This means that SMART ONLINE determines for what purposes your personal data will be processed and which means will be used to process your personal data.

 

3. WHICH PERSONAL DATA DO WE PROCESS ABOUT YOU?

We collect your personal data in three different ways.

 

3.1 INFORMATION PROVIDED BY YOU

In the first place, we receive your personal data when you share it with us. This is e.g. the case when you register and log in to our application, send us an email, fill in a form on our website or application, subscribe for our newsletter, purchase goods or order services via our application, reach out to us in another manner, etc.

In these cases, we usually receive information such as your name, email address, telephone number, gender, location details (street, number, postal code, city, and country), age group and other personal and/ or contact details.

We sometimes request you to provide us with your remarks, suggestions or other information regarding our websites, applications, services or the services of our commercial partners.

 

3.2 AUTOMATICALLY OBTAINED INFORMATION

When you browse through our website and make use of our application, we receive data from cookie providers about your activity on our website and application such as the webpages you visit, the products you are interested in, etc. We can combine the automatically obtained information with the information provided by you to analyse your specific use of our websites, applications and services and those of our commercial partners.

In this case, we usually receive data such as your IP-address, your device data, your browsing history, the time and duration of your visit, the pages you visited before and after using our website, the pages you visit, the browser you use, geographical data such as your location, your preferred language, other website preferences, etc.

You can find more information about the use of cookies by SMART ONLINE in our cookie policy: Cookie Policy.

 

3.3 INFORMATION OBTAINED FROM THIRD PARTIES

Sometimes we also receive your information from third parties, such as providers of social media channels and online service providers such as Facebook and Google.

In this case, we usually receive data such as your name, email address, telephone number, your location. If you login with your Facebook account to our applications and websites, we receive the following information: name, gender, profile picture, location, email address and birthday. If you login with your Google account, we receive the following information: name and email address.

We do not store your profile pictures.

 

4. WHAT IS THE LEGAL GROUND FOR PROCESSING YOUR PERSONAL DATA?

In general, SMART ONLINE processes your personal data for various purposes, which we explain further below. Regarding the processing of your personal data, SMART ONLINE always relies on:

  • either, the consent that you expressed. In certain cases (e.g. in case of personalised information) we will request your explicit consent. In other cases, you can express your consent by e.g. ticking a box to this effect during your navigation on our website and our applications, or via another positive action by which you express your consent, e.g. by choosing to contact us via a contact form. In this case, you have the right to withdraw your consent for the future at all times (see title 11.9 of this Privacy Policy);
  • or, on another legal basis laid down by law: if the collection of data is necessary for the performance of a contract with you or if processing is necessary for the fulfilment of a legal obligation to which SMART ONLINE is subject. In some cases, the processing of your data may also be necessary to realise a legitimate interest of SMART ONLINE and/ or one of its commercial partners. In this case, we will consider whether your interests or your fundamental rights and freedoms outweigh our legitimate interest. If the processing of your personal data is based on our legitimate interest or this of one of our partners, you have the right to object to the processing of your personal data (see title 11.6 and 11.7 of this Privacy Policy).

If SMART ONLINE wishes to process your personal data for purposes other than the purposes mentioned below, SMART ONLINE will provide you with further information to this end prior to the processing of the personal data for those purposes.

 

5. FOR WHICH PURPOSES DO WE PROCESS YOUR PERSONAL DATA?

SMART ONLINE can process your personal data for the purposes listed below.

 

5.1 FOR DIRECT MARKETING PURPOSES

We process your personal data in order to keep you informed of new information, campaigns, promotions regarding our services and the services and goods of our commercial partners. We furthermore process your personal data to ask your opinion about our products and services or from our commercial partners, to send you personalised information or advertisements and to hear your feedback. We furthermore make a profile of you based on your personal data for direct marketing purposes.

For this purpose, we can process data such as your name, your address, your email address, your age category, gender, your telephone number and/or your preferred language.

We can provide the personalised information and promotions to you by email, text message or mail (direct marketing), telephone, social media (including but not limited to Facebook, Twitter, Instagram, and LinkedIn), our websites and affiliated websites, SMS, push messages or other electronic means. Depending on the communication channel we use, we process your name, email address, and telephone number.

We will send you personalized information and promotions no more than once a week.

SMART ONLINE processes the personal data on the basis of the consent of the Data Subjects as well as the legitimiate interest of SMART ONLINE and its commercial partners to promote its goods and services to and keep you informed about our services and products and those of our commercial partners.

In case of your consent, we develop a profile based upon your purchase behaviour. In this profile, we take your preferences and interests into account, e.g. with respect to the products you have purchased and other products which might interest you. Based upon the information collected in the profile, we can send you general information and advertisements, information and advertisements concerning products that fit your profile or that might interest you.

SMART ONLINE is not responsible for the processing of your personal data by social media providers for their own purposes. This Privacy Policy does not apply to the processing of your personal data by social media providers for their own purposes as they process your personal data according to their own privacy (and cookie) policies.

Depending on the individual case, these data are processed based on your unambiguous consent, based on the performance of a contract to which you are a party, based on your request to take steps prior to entering into a contract, or on our legitimate interest to keep our existing clients informed about our products and services.

If the processing of your personal data is based on your consent, you have the right to withdraw your consent at all times for the future.

If the processing of your personal data is based on our legitimate interest, you have the right to object to the processing of your personal data for direct marketing purposes at all times. Furthermore, you are able to contact us regarding this topic at any given moment (see title 11 of this Privacy Policy).

 

5.2 TO PERFORM OUR CONTRACTUAL OBLIGATIONS

It may be necessary for SMART ONLINE to process personal data in order to be able to perform a contract with you. It may be furthermore necessary to process personal data at you request before you enter into a contract with us.

If we make use of our application to order food at the premises of one of our commercial partners, we process your name and information about your food consumption and possibly information about any allergy or food intolerance].

If you order food to get delivered, we process your name, address, telephone number, information about your food consumption and possibly information about any allergy or food intolerance.

 

5.3 TO ANSWER YOUR QUESTIONS OR (INFORMATION) REQUESTS

We process your personal data in order to answer your questions or requests (e.g. requesting a brochure, to supply you with information about your favourite products …). If you request information, we will process your personal data in order to supply you with the information requested. For this purpose, we can process data such as your name, your company name, your email address, your telephone number, your correspondence with SMART ONLINE and all other personal data that you provide to us that can be relevant for answering your question or for supplying you with requested information.

Depending on the individual case, these data are processed on the basis of your request to take steps prior to entering a contract, on the basis of the performance of a contract to which you are a party, or on the basis of the legitimate interest of SMART ONLINE in informing you about its activities and the activities of its commercial partners.

We aim to keep you informed of our products if you request to receive information. Do you prefer not to receive such information any longer? In each email, you have the opportunity to unsubscribe. Furthermore, you are able to contact us regarding this topic at any given moment (see title 11 of this Privacy Policy).

 

5.4 TO ENABLE YOU TO PARTICIPATE IN OUR CONTESTS AND SURVEYS

We process your data to allow you to participate in our contests and to ask your opinion in our surveys. In these cases, we use your data to allow you to provide us with your feedback on our products and services, to evaluate customer satisfaction and to learn how we can improve our services. Some surveys are linked to a contest. If this is the case, we also use your data to contact you in case you have won a prize.

The information we process depends on the individual contest or survey organised. In most cases, the data we collect from you will consist of your contact details (name and last name, address, email address, phone number and your answer to the contest/survey question). If applicable, we will also process data such as your product information (purchased product, product category), your feedback, your survey code etc.

Depending on the individual case, these data are processed on the basis of your unambiguous consent or on the basis of the legitimate interest of SMART ONLINE in informing you about its activities and improving its products and services by listening to customer feedback. If the processing of your personal data is based on your consent, you have the right to withdraw your consent at all times (see title 11.9 of this Privacy Policy).

 

5.5 TO ANALYSE DATA AND PERFORM STATISTICAL CALCULATIONS

SMART ONLINE can process your personal data for analysis and statistical purposes. Statistical purposes mean any operation of collection and the processing of personal data necessary for statistical surveys or for the production of statistical results.

SMART ONLINE makes use of different analytic tools (e.g. Tableau) in order to connect personal data and retrieve insights from different data sources. We use these tools among others to evaluate and improve our marketing campaigns and these of our partners, to gain insights in our sales reports,and to visualise our e-commerce data. We will transfer these personal data to our partners. You can find more information about the transfer of your personal data to third parties in section [6].

For this purpose, we can process personal data such as your name, location, gender, email address or other contact details or personal information.

Depending on the individual case, these data are processed on the basis of your unambiguous consent or on the basis of the legitimate interest of SMART ONLINE.

The result of the processing for statistical purposes is aggregate data. We do not use the aggregate data or your personal data in support of measures or decisions with regard to you.

 

5.6 FOR THE OPTIMISATION OF OUR WEBSITES

We process personal data for the technical and functional management of our websites and applications, in order to personalise the websites and to ensure that the websites are easy to use and adequately secured.

For this purpose, we can process data such as your IP address, the pages you visit, the browser you use, the websites you visited earlier, geographical data such as your location, your preferred language and the time and duration of your visit. We do this e.g. by using cookies. You can find more information about how we use cookies in our cookie policy. Depending on the individual case, these data are processed based on your unambiguous consent or based on the legitimate interest of SMART ONLINE in improving its websites and social media pages, improving the user experience and providing a well-functioning and secure website.

We also process your personal data when you visit our website or after you visited our website in order to provide you with advertisements of our products that can be relevant for you, given your browsing history.

For this purpose, we can process data such as IP-address, device data and the pages of our website that you visited. We collect this personal data though the setting of tracking cookies on our website. For more information on our use of cookies, on how to disable cookies and your rights regarding our use of cookies, please visit our cookie policy.

These data are processed on the basis of your unambiguous consent. You have the right to withdraw your consent at all times (see title 11.9 of this Privacy Policy).

 

5.7 TO FOLLOW-UP YOUR REGISTRATION

We process your personal data to follow up your registration on our website / application.

For this purpose we can process your personal data such as your name, language preference, telephone number, email address and other personal and/ or contact details that can be relevant for supplying you with information about the functioning of the applications and the websites.

Depending on the individual case, these personal data are processed on the basis of the performance of a contract to which you are a party or on the basis of the legitimate interest of SMART ONLINE.

 

6. WHO HAS ACCESS TO YOUR PERSONAL DATA?

SMART ONLINE is selective in the parties to whom it discloses your personal data and chooses them carefully. In all cases, we will ensure that sufficient safeguards for the protection and confidentiality of your data are in place.

In the following cases, we may share your personal data with third parties:

  • The owners and managers of hospitality and catering establishments such as restaurants, hotels, cafetarias, canteens whose website you visit by making use of our applications.
  • IT service providers that provide technical support.
  • Payment service providers.
  • Attorneys and external advisors: In certain cases, SMART ONLINE may transfer your personal data to attorneys and external advisors if this is necessary to give us advice or to defend our rights.
  • Supervisory authorities: in certain cases, SMART ONLINE may transfer your personal data to police, judicial or other authorities if we believe that we are required to do so based upon the applicable legislation or regulation or based upon another lawful request or order.
  • Possible acquirers of the company in the unlikely event that (a part of) our activities would be taken over by a third party. To governments if required by law of regulation or if another legal request or order that SMART ONLINE hereto obliges.

 

7. DOES SMART ONLINE PROCESS YOUR DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (“EEA”)?

In some cases, your data may be shared with a third party outside the European Economic Area for the purposes described under title 5 above.

In this respect, SMART ONLINE is committed to always ensuring an adequate and sufficient level of protection for your data, in particular by making sure that we can rely on a an adequacy decision under article 45 GDPR, by concluding standard contractual clauses under article 46.2 GDPR or via any other appropriate safeguard.

If you have any questions or would like more information about the transfer of your personal data outside the EEA, you can send a dated and signed request to SMART ONLINE, Molenwalstraat 113, 9032 Ghent, [email protected]

 

8. HOW ARE YOUR PERSONAL DATA PROTECTED?

SMART ONLINE strives to protect your personal data as well as possible by means of administrative, technical and organisational measures. To this end, SMART ONLINE has developed several procedures that are implemented by our employees.

SMART ONLINE furthermore has committed to ensure that the service providers that process personal data on behalf of SMART ONLINE also implement sufficient technical and organisational measures.

Despite these measures, you should take due care when storing and/or sharing your personal data with us and log in on our websites and applications, particularly when you connect via unsecure or public networks.

 

9. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

SMART ONLINE will retain your personal data for the period necessary to fulfil the purposes outlined in this Privacy Policy unless the applicable legislation requires or permit a longer retention period.

If no legal retention period applies, SMART ONLINE will process your data at least as long as you have an active profile on our website.

 

10. WHAT ABOUT LINKS TO OTHER WEBSITES AND SOCIAL MEDIA?

The website of SMART ONLINE contains references (e.g. via hyperlinks, social plug-ins, links to social media operators) to other websites, which are offered by other companies or by social media. SMART ONLINE always advises you to check the privacy policies of those websites.

SMART ONLINE has pages on Facebook, Instagram and LinkedIn. When you visit these pages, your data will be transmitted to the operator of the respective social network through the use of cookies. Social networks may receive information such as which websites you have currently and previously visited and your IP-address. When you visit these pages, it is possible that we receive aggregated data from the respective social network in the form of statistics about how our pages are viewed by social media users.

 

11. WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

Under the GDPR, you have a number of rights with regard to your personal data. Some of these rights have a very specific scope or are subject to special conditions or exceptions.

 

11.1 RIGHT OF ACCESS

This means e.g. that you can ask us whether or not we process your personal data and for what purposes we do this. For more information, please consult article 15 GDPR.

 

11.2 RIGHT TO RECTIFICATION

You also have a right to obtain the rectification of inaccurate personal data. For more information, please consult article 16 GDPR.

 

11.3 RIGHT TO ERASURE

In some cases, you can request us to erase your personal data e.g. when personal data is no longer required for the purposes for which we have collected it, when the personal data is processed based upon your consent and you withdraw your consent, etc.

In some exceptional cases, SMART ONLINE is not obliged to grant your request to erase your personal data. For more information, please consult article 17 GDPR.

 

11.4 RIGHT TO RESTRICTION OF PROCESSING

You may request a restriction of your personal data e.g. if you dispute the accuracy of your personal data, if the processing activity is unlawful, etc. A restriction of the processing means that we may only store your data temporarily, except in case you nevertheless consent to the processing of your data, in the context of legal proceedings or in the public interest. A restriction can be terminated afterwards. For more information, please consult article 18 GDPR.

 

11.5 RIGHT TO DATA PORTABILITY

If we process your personal data based upon your consent or based upon the performance of a contract, you can ask us to transfer your data to yourself or to another controller (if this is technically possible). In exceptional cases, SMART ONLINE is not obliged to follow up on your request. For more information, please consult article 20 GDPR.

 

11.6 RIGHT TO OBJECT

You can inform us of the particular reasons why you wish to object to the particular processing activity based upon the legitimate interest of SMART ONLINE and/or any of its partners, or in the context of the public interest. If these particular reasons outweigh our legitimate interests, we will terminate the processing activity. SMART ONLINE cannot follow up on your request when we process your personal data for the purposes of a legal claim. For more information, please consult article 21 GDPR.

 

11.7 RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES

If we process your personal data for direct marketing purposes, you can always request us to stop processing your personal data without you having to give up a special reason. For more information, please consult article 21 GDPR.

 

11.8 RIGHT NOT TO BE SUBJECT TO PROFILING

SMART ONLINE will not process your personal data for profiling purposes unless you have given us your explicit consent (see title 4 and 5 of this Privacy Policy). For this reason, you have the liberty to choose whether or not you wish to receive personalised information and advertisements. In these cases, SMART ONLINE will ensure that you have the right to obtain human intervention or to express your point of view. For more information, please consult article 22 GDPR.

 

11.9 RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME

If the processing of your data is based on your consent, you also have the right to withdraw your consent at any time, without this affecting the legitimacy of the processing done prior to the withdrawal of your consent.

 

11.10 EXERCISING THE AFOREMENTIONED RIGHTS

Exercising the abovementioned rights can easily be done in different ways, such as by email, by mail, by filling in the contact form on our website. For privacy and safety reasons, we may request proof of your identity.

You can always review, update or delete your account by editing your account and profile settings in the registration area of our application.

 

11.11 RIGHT TO LODGE A COMPLAINT WITH THE SUPERVISORY AUTHORITY

In accordance with article 77 of the General Data Protection Regulation (GDPR), you have the right to lodge a complaint with the supervisory authority of your habitual residence, your place of work or the place of an alleged infringement of the GDPR.

The Belgian Data Protection Authority is the supervisory authority for Belgium. You can contact the Belgian Data Protection Authority at [email protected], or by mail to the following address: Drukpersstraat 35, 1000 Brussels, Belgium.

 

12. WHO CAN YOU CONTACT IN ORDER TO EXERCISE YOUR RIGHTS?

If you have any further questions or complaints about the processing of your personal data, about the websites and applications of SMART ONLINE or about this Privacy Policy you can always contact us:

  • by email at [email protected]
  • via the contact form available on our website: link
  • by mail to: SMART ONLINE Molenwalstraat 113 9032 Ghent