Last amended on 27 November 2020
We value your personal data and make a point of protecting them as well as possible. When we use these data we always guarantee your rights in accordance with the applicable Belgian and European rules on privacy and the protection of personal data.
This Privacy statement applies to the processing of personal data collected with the SmartWithFood (hereinafter referred to as the SWF) App. When you are referred to another website or application via the app, take into account the conditions applicable for this website or application.
This Privacy statement must be read in conjunction with our Terms and Conditions of use. They form an inseparable whole.
1 SMARTWITHFOOD AS CONTROLLER OF THE PROCESSING
The SWF App is owned and managed by SmartRetail BV, having its registered office at B-1500 Halle, Edingensesteenweg 196 and registered under company registration number 0640.760.224 Register of Legal Entities, Dutch-speaking Commercial Court Brussels (BTW BE 0640.760.224)(here in after referred to as “SmartWithFood”, “SWF”, “we” or “ our”), which is also the controller for the processing of personal data under the SWF App.
Our SmartWithFood Data Protection Officer (hereinafter referred to as DPO) can be reached at our site at B-9820 Merelbeke, Guldensporenpark 100 (Blok K) and via: firstname.lastname@example.org
2 WHICH PERSONAL DATA DO WE COLLECT AND PROCESS IN THE SWF APP?
2.1 Information you provide to us
You can create a profile via the SWF App; you can do this using an e-mail address and password or via your Facebook, Xtra, or Apple account.
For this we ask you to enter a number of contact data, including your (profile) name and a valid e-mailaddress (hereinafter referred to as: the “Contact data”). In addition, usersare able to complete their profile with data related to desired ingredients or ingredients to be avoided (hereinafter referred to as: the “Profile data”). These profile data comprise:
· Date of birth
· Composition of the family (number of people and young children)
· Food knowledge
· Dietary preferences
· Dietary restrictions
· Recipes you add to your recipe book and meal planning
When you create your profile using your Xtra, Facebook, or Apple account, we only use your name, surname, e-mail address and profile picture (in the event of Facebook). When you register we do not forward data of the SWF App to these providers.
If you use the chat function of the SWF App we also process the content of this communication with us.
2.2 Scan & Search behaviour and data relating to the use of the app
Finally, we also register your scan & search behaviour and the requests for additional products via the “Also discover these products that might interest you” function (hereinafter referred to as: “Scan & search behaviour and data relating to the use of the app”).
2.3 Technical information and cookies
Every time we use the SWF App we collect information using cookies and other technologies. This information relates to your browser and operating system, the external website/app that referred you to the SWF App, the SWF App functionalities you used, the date and time of your session (hereinafterreferred to as: the “Technical data”).
SmartWithFood uses the following analysis services:
- Google Analytics
- Facebook SDK
These tools allow us to follow theactions of users. Statistics refer to a counter that counts or measures the number of visitors.
2.4 When you use Coaching within the SWF App
When you use Coaching within the SWF App you can supplement your profile with data regarding your coaching preferences. These profile data comprise:
· Your name
· Your points of attention
· The type of coach you are looking for
When you lay down an introductory interview with your coach, the appointment will be shown in your calendar within the SWF App.
3 FOR WHICH PURPOSES AND ON WHICH LEGAL GROUND DO WE PROCESS YOUR PERSONALDATA?
3.1 Contact data and profile data
Contact data and profile data obtained via the SWF App, are kept in a database, and processed to:
· Compare the dietary requirements and/or preferences you provided with information about ingredients or allergens supplied by Data providers.
· Inform you whether certain products comply with the specified requirements and/or preferences, subject to the express reservation of what was specified about this in the Terms and Conditions of use.
· Inform you about other food products which, in view of the specified requirements and/or preferences, among others, may also interest you.
· Use in the context of an automated processing of these personal data whereby based on these data personal aspects can be evaluated, such as your personal preferences or interests, to be able to provide you with informationand offers that might interest you in this way.
· Direct marketing purposes to provide targeted communication, promotions, offers and other ads belonging to us or our selected partners.
· Inform you about products, services and offers or recommendations bye-mail (if you opt for this).
· Contact you by e-mail about scientific studies, focus groups and newfeatures (if you opt for this).
Your sex, family composition and date of birth are requested because this is an important aspect when we calculate your ideal portions and to offer specific content for children.
Your food knowledge and interests help to draw up recommendations and ensures you receive relevant tips and suggestions inrecipes, when scanning products or on your home feed.
Your dietary preferences and restrictions are processed to filter certain recommendations, products or recipes based on your choice.
We process the content of the chat to provide general nutritional information by means of the online food coach and to help you make food choices based on scientifically recognised recommendations. The content of the interview can, for example in case of a frequently occurring questions, be used for our FAQ after rendering your personal data anonymous.
Contact data of people who use the expert chat function are processed based on consent, in order to contact people at a later time to answer questions (e.g. via Whatsapp).
We process these personal databased on your prior, express and informed consent. You can always change or withdraw your consent in accordance with the provisions below.
3.2 Scan & Search behaviour and data relating to the use of the SWF App
We process the data relating to your scan & search behaviour and the use you make of the SWF App to improve the function of suggesting additional products and to align the information the User gets to see when scanning or looking for a product to the User's needs. Your personal data shall not be processed further without your prior consent other than for the aforementioned purposes.
3.3 Technical information and cookies
Technical data are collected via the SWF App and processed for statistical purposes and to further improve our services to you. For non-essential cookies we ask your permission.
Airtable personalises the userexperience based on the profile data. Google Analytics provides statistical information regarding the number of users of the SWF App. Mixpanel analyses the user behaviour and functionalities in the SWF App. Sentry traces errors andproblems in the SWF App. Facebook SDK analyses how many people go to the SWF App via the Facebook Advertisement.
3.4 When you use Coaching within the SWF App
You profile data are processed in the context of Coaching for the best possible match between you and our coaches. Based on your profile, coaches are suggested which we believe to be the best match with you.
When you select a coach to get to know him/her, this coach will receive your contact data (e-mail address) to schedule an introductory interview with you.
When you subsequently start the coaching and you accept your coach, this coach will have access to your profile data, i.e.:
· Your interests
· Your preferences
· Your restrictions
· Your points of attention
Your coach receives these data to provide the best coaching possible.
We process all these personal data based on your specific, prior, express and informed consent.
4 WHO HAS ACCESS TO YOUR PERSONAL DATA?
SmartWithFood employees only have access to your personal data in so far they need the data to carry out their job.
SmartWithFood has all its employees sign a non-disclosure agreement so that they are contractually bound to treat personal data strictly confidentially and not to transfer it to third parties.
4.2 Service providers
With the (IT) service providers, among others, who were contracted by SmartWithFood to set up and maintain our data structure, “processor agreements” have been reached, with a view to the maximum protection of your personal data. Again, access is only provided to personal data it strictly necessary to set up and maintain our database.
4.3 Competent authorities
SmartWithFood can give competent authorities access to data in the context of impending or pending legal proceedings, in the context of judicial investigations and requests for information, at the request of the government or to comply with other legal obligations.
4.4 Coach(es) (when you use Coaching within the SWF App)
As specified in 3.4, a coach receives your contact data when you indicate you want to get to know this coach. When you subsequently start the coaching and accept your coach, this coach will have access to your profile.
5 WHERE DO WE KEEP YOUR PERSONAL DATA?
We work with American IT providers such as Intercomand Whatsapp for the use of the expert chat tool and Microsoft Azure (forsecure cloud storage) to keep your personal data. The Microsoft Azure datacentre is located in the European Economic Area. In addition we also use Mailchimp to contact you by e-mail about products, services, offers and recommendations or scientific studies, focus groups and new features (if you opt for this).
In a number of cases your personal data can be transferred to third countries or organisations outside Europe. In that case, SmartWithFood provides adequate measures to guarantee an appropriate level of protection.
6 HOW LONG DO WE KEEP YOUR PERSONAL DATA?
SmartWithFood does not keep and process your personal data for longer than necessary to realise the aforementioned purposes for which the data are collected. We keep your personal data in our systems for as long as necessary in all reasonableness to provide our services.
Data we obtain via the SWF App (profile and nutritional preferences) are kept until you shut down your account (for removal of your account, see below). The data will be rendered anonymous or removed.
The storage period of the cookies is determined according to the default setting.
7 HOW DO WE PROTECT YOUR PERSONAL DATA?
SmartWithFood treats your personal data confidentially and with the greatest possible care. SmartWithFood secures its systems – in all reasonableness –against loss and/or any form of unlawful use or processing. SmartWithFood makes use of appropriate technical and organisational measures, taking into account the state of technology. Your data are adequately protected in accordance withthe applicable Privacy act and regulations. The personal data you provided areon servers in controlled and secure environments.
Without prejudice to the aforementioned efforts you need to be aware that sending personal data over the internet always poses a risk. We can therefore never fully guarantee the security and protection of your personal data.
8 WHAT ARE YOUR RIGHTS AS A USER?
If you provided your data to us, both actively and automatically, you always have the right to ask us, free of charge, which personal data we have, and, as the case may be, to have these data rectified, restricted and transferred in electronic format or erased free of charge. You also have the right to withdraw your consent relating to the processing of your personal data at any moment. However, this withdrawal will have no influence on the legality of the processing of your personal data for the period preceding the moment of this withdrawal. You can exercise these rights by contacting us using the contact data, provided you identify yourself adequately. You can remove your SWF account and the SWF App at any time. All personal data in SWF's possession will then be removed, unless SmartWithFood is required by law to keep these data o rhas another legitimate foundation to further process these data.
9 TERMINATION OF THE RELATIONSHIP WITH COACH (WHEN YOU USE COACHING WITHIN THE SWF APP)
When you want to terminate the relationship with your coach, you must send a mail requesting this to email@example.com. After the termination, the coach will no longer have access to your profile data.
10 HOW CAN YOU ERASE YOUR ACCOUNT?
If you want to have your account and all associated data erased from our files, you need to send a mail requesting this to the following e-mail address: firstname.lastname@example.org
11 AMENDMENTS TO THE PRIVACY STATEMENT
SmartWithFood reserves the right to amend the Privacy statement from time to time by posting a new version. When you install the SWF App you will be asked to carefully read the provisions of this Privacy statement (together with the Terms and conditions of use) and subsequently accept them. With every update of the software and every amendment to the Privacy statement this consent shall be requested again. If you do not (no longer) accept this Privacy statement, you will not be able to use the SWF App (anymore) unfortunately.
12 HOW CAN YOU REACH US?
If you have questions regarding the privacys tatement, please contact SmartWithFood:
By mail: email@example.com
By post: B-9820 Merelbeke, Guldensporenpark 100(Blok K)