In these General Terms and Conditions, the following terms are to be understood as:
Smappee attaches great importance to the protection of your privacy and personal data. Smappee will use your data only in accordance to the Privacy act and other relevant current legal prescriptions.
First and foremost, we will use your personal data to guarantee the proper technical operation of our products. Data will be requested to this end. We can also use your personal data to provide you with informative news updates, new promotions or products of Smappee (like upgrades or updates of our energy products), important news updates, et cetera. Access to your data (sending newsletters or promotional updates) can be transferred to third parties or partners, for informative or publicity purposes. Your personal data itself will never be sold or transferred to third parties. Smappee has taken all possible legal and technical precautions to avoid unauthorized access and usage. For this reason Smappee will not be held liable for identity theft, data theft or information crime. In case of burglary into
Smappee’s IT-systems, Smappee will take al possible measures to minimize theft and/or damage.
For the application of the Privacy Act, ‘personal data’ is to be understood as every piece of information concerning an identifiable individual. ‘Identifiable’ is defined as any individual that can be identified directly (or indirectly) using an ID number or an element that is typical for his physical, physiological, mental, economic, cultural or social identity.
Every individual has the right to the protection of his fundamental rights and freedom, especially for the protection of his privacy. Smappee acknowledges this right and makes great efforts to enhance this right in practice and online. The Privacy Act is only applicable to (total or partial) automated process of personal data, or in case of manual processing when personal data are written in a file.
The personal data need be processed in an honest and rightful way, obtained for precisely defined and justifiable ends. The purposes are explicitly defined in title 2. The collected data are sufficient and not collected in an excessive way.
We can also collect analytic data around the usage and installation of our website. These analytic data is often anonymous and is used only to judge the performance of our website.
The data registered by the Smappee devices will be stored in an anonymous way, as much as possible and will be strictly devided from your personal data (Chinese Wall Principle). Smappee however, has the right to acces personal profiles of consumption, but these profiles can not be linked to the user. The anonymity of the user is guaranteed in this way.
Only after having received your explicit permission Smappee has the right to connect the recorded data with your personal data, for means like user support. In this case, the User will be asked to identify an ID-code and pass this on to Smappee.
As an additional measure for the security and confidentiallity we advice the User to use a username which doesn’t give an indication about the identity of the user. It’s also important to chooce a safe password for the Smappee-login and to keep this password strictly private. The password gives acces to the recorded data.
The Smappee devices should not be made accessible to third parties.
The analytic data (Google Analytics for example) of Smappee do indeed show location data. Based on these data your (putative) location can be defined and displayed on a map (‘Map’). These indications (based on an IP-address) however, are far from accurate, thus largely insufficient to determine your exact location.
We use the location data not to identify you, but to guarantee the proper technical performance of the website.
‘The responsible for processing’ is defined as any individual or legal entity that, in cooperation with others or by itself, defines the purpose and means for the processing of personal data.
Smappee is responsible for the processing. Smappee defines the purpose (title 2) and the legal and technical means for processing. Smappee however does not process the data itself; this is the work of the actual processor.
‘Processor’ is defined as the individual or legal entity who, commissioned by the ‘responsible for processing’ processes the personal data, except the individuals who, under the direct authority of the responsible for processing, are authorized to process the data.
As actual processor is indicated: Amazon Web Services, Inc. ("AWS") - https://aws.amazon.com/legal. The actual processor is responsible for the proper technical performance of the website (data transmission). The responsible for processing does not accept any liability for the loss or corruption of data, identity theft, data theft, viruses or trojan horses, SQL-injections or other attacks on the IT-systems or online cloud portals. The actual processor decides in an autonomous way about the best technical application to process the data, and does so from his professional expertise. The responsible for processing cannot be expected to have this same expertise and speciality.
This processer offers sufficient guarantees with respect to the technical and organizational measures of security with regard to the data that needs be processed and thus meets the requirements set by Article 16, §1 of the Privacy Act.
The responsible for processing and/ or actual processor, has to at least provide the user with the following information, at latest on the moment at which the data are collected:
When proving your identity, you have the right to receive the necessary information about the processing of your personal data by a simple request.
Smappee is a Belgian enterprise. However processing and/or transmitting of data in countries outside the EU may occur. Considering article 21 of the Privacy Act, personal data can only be transferred to countries that guarantee the same adequate level of protection, and where the same or similar provisions of the privacy act are observed. The country, duration of transmission and storage, nature of data and precise purpose are criteria that need be examined case per case.
Smappee guarantees not to process or store data in countries that cannot offer the same guarantees, except in case: