SPOTT – Privacy Regulations
1. Introduction
1. These Privacy Regulations describe the tasks and responsibilities of Spott NV, with its registered office at Ninovesteenweg 198 bus 41 Aalst, Belgium and registered with the Crossroads Bank for Enterprises under number 0543.611.457 (Register of Legal Persons Dendermonde) (“Spott”) with regard to your Personal Data collected via the mobile application SPOTT (“SPOTT”) by Spott and Processed by the Controller of the Processing.
2. Personal Data protection is very important to Spott. Spott respects your privacy and ensures that your Personal Data is Processed in accordance with the applicable legislation, in particular the provisions of the Belgian Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the Implementation Decree of 13 February 2001 (the “Privacy Act”).
3. These Privacy Regulations describe which information is collected and Processed, the purposes of the Processing, with whom Personal Data may be shared and the choices you can make regarding the use of your Personal Data by Spott. It also sets out the measures which are taken to ensure the security of your Personal Data and how you can contact Spott to exercise your rights in relation to access, correction and objection.
4. By downloading, installing or using SPOTT, you confirm you have received, read and understood these Privacy Regulations and that you have accepted their content. More specifically, you agree that Spott:
a. may collect your Personal Data and Process it in the manner and for the purposes as set out in these Privacy Regulations;
b. may disclose your Personal Data to third parties;
c. may make use of analytics solutions of third parties in SPOTT and on the Website, particularly but not exclusively Google Analytics;
d. may make use of proprietary software, such as log files, to record the activity of SPOTT;
e. may encode your Personal Data and combine it with the Personal Data of other SPOTT Users in order to compile statistics relating to the general use of SPOTT;
f. may make use of cookies and other technologies on its Website.
5. If you do not agree with any provision of these Privacy Regulations, you should refrain from downloading, installing, using or opening SPOTT. You can oppose the
Processing of your Personal Data at any time in accordance with these Privacy Regulations or withdraw your consent by interrupting the installation of SPOTT or by removing SPOTT from your mobile device.
2. Definitions
1. General Terms and Conditions: the General Terms and Conditions that govern the registration, use and access to SPOTT, available in SPOTT under General Terms and Conditions and on the Website;
2. Spott: Spott NV, with its registered office at Ninovesteenweg 198 bus 41 Aalst, Belgium and registered with the Crossroads Bank for Enterprises under number 0543.611.457 (Register of Legal Persons Dendermonde);
3. Services: the Services offered free of charge by Spott to the SPOTT User, as set out in article 3 of the General Terms and Conditions;
4. User Content: all content posted by SPOTT Users themselves, including their SPOTT profile, name and/or user name, profile photo, who they follow, by whom they are followed, their wish list as well as any feedback they give Spott;
5. Google: Google, Inc., with its registered office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States of America;
6. Personal Data: any information relating to an identified or identifiable natural person;
7. Privacy Act: the act of 8 December 1992 to protect privacy in respect of the processing of personal data and the royal decree of 13 February 2001 in implementation of the act of 8 December 1992 to protect privacy in respect of the processing of personal data;
8. Privacy Regulations: these Privacy Regulations;
9. SPOTT: the mobile application SPOTT, designed and managed by Spott;
10. SPOTT User or you: each person who has installed SPOTT on his/her mobile device;
11. Applications of Third Parties: the applications, linked websites and services of Third Parties which are integrated in SPOTT to make information, content, advertising, products and/or services available to the SPOTT User;
12. Controller of the Processing: a natural person or legal person, an actual association or public board who/which, solely or in conjunction with others, determines the purpose and the means for the Processing of Personal Data;
13. Processes, Processed or Processing: any operation or set of operations which is performed on Personal Data, whether or not by automatic means, such as the collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, compiling, alignment or combination as well as blocking, erasure or destruction of Personal Data;
14. Processor: a natural person, a legal person, an actual association or public authority who/which Processes Personal Data on behalf of the Controller of the Processing, excluding those persons authorised to Process Data under the direct authority of the Controller of the Processing;
15. Website: the SPOTT website of Spott: www.spott.ai
3. The Collected Personal Data
1. When downloading, installing or using SPOTT, you will provide certain Personal Data to Spott, such as your name, address, date of birth, gender and prompted preferences for certain brands, products, services or promotional activities. When you choose to register with SPOTT via the login data of certain social networks, such as Facebook, you explicitly give Spott permission to collect these authentication data.
2. You agree to only provide Spott with accurate, current and complete Personal Data. You further agree to update your Personal Data to keep these accurate, current and complete. Spott reserves the right to terminate your right of use of SPOTT if the Personal Data provided by you are incorrect, inaccurate or incomplete.
3. In addition, certain Personal Data may be automatically collected, such as:
a. technical data relating to your mobile device, in particular a footprint of the mobile device, the number of the mobile device, mobile applications on the mobile device, the name of the mobile device, the e-mail address installed on the mobile device, the identifier, the OS version, the name of the telecom operator, the telephone number, the SIM card number, IMEI, IMSI, etc.;
b. information about your interactions with SPOTT, with other SPOTT Users and with Applications of Third Parties;
c. User Content you post in SPOTT.
4. The Purposes of the Processing of the Collected Personal Data
Spott collects and Processes the aforementioned Personal Data, as Controller of the Processing, for the following purposes:
a. to make SPOTT and the Services available to you, including the downloading, installing, registration, using and access to SPOTT;
b. to operationally manage SPOTT, including offering products and services via SPOTT;
c. to deal with questions and complaints regarding SPOTT and to communicate with you for purposes related to SPOTT;
d. to block access to SPOTT, or suspend or interrupt the Services of SPOTT for security purposes;
e. to make further updates of SPOTT available;
f. to analyse and report on the use of SPOTT and Applications of Third Parties;
g. to allow you to participate in competitions via SPOTT;
h. to validate and send your orders for certain services or products via Applications of Third Parties;
i. to make the interaction with television content possible;
j. to personalise and improve your experience of SPOTT and the Services, as well as with Applications of Third Parties;
k. direct marketing and market research.
5. Sharing the Collected Personal Data and Information
1. The User Content that you post in SPOTT, is shared by you with Spott, other SPOTT Users and/or Applications of Third Parties and will always be publicly available. Any wish list that you keep in SPOTT, containing a list of products or services that interest you, will be made public only if you expressly choose this in the settings of SPOTT.
2. Unless otherwise stated, in these Privacy Regulations, Spott will not disclose or transfer the collected Personal Data to third parties unless you give your prior express consent.
3. Spott may share the collected Personal Data with third party service providers in order to perform tasks, to Process Personal Data and to help provide the Services, in accordance with these Privacy Regulations. When a third party service provider Processes Personal Data in its own name (where the third party service provider acts as Controller of the Processing), the Processing is subject to the privacy regulations of such third party service provider and the applicable law.
4. Spott may transmit the collected Personal Data to third party service providers who act as Processors in the name of and on behalf of Spott (where Spott acts as Controller of the Processing). Spott requires that such Processors only Process your Personal Data if they are instructed to do so by Spott and requires that they protect the safety and confidentiality of Personal Data, in accordance with these Privacy Regulations and the Privacy Act.
5. Spott reserves the right to disclose your Personal Data (i) in response to requests for information from public authorities or regulators, or where otherwise required by law; (ii) to enable a merger, acquisition or sale of part or all of its assets; and (iii) to issue anonymous or aggregated information about the use of SPOTT.
6. For the above purposes, Spott may transfer your Personal Data to countries other than the country in which it was originally collected. Your Personal Data, however, will only be transferred within the European Economic Area or to countries approved by the European Commission as countries that can demonstrate they have a sufficient level of Personal Data protection. When Spott transfers your Personal Data to other countries, it will protect this information as described in these Privacy Regulations.
6. Safety of Personal Data
1. The safety of Personal Data is important to Spott. As Controller of the Processing, Spott implements appropriate technical and organisational safety measures to protect the safety and confidentiality of your Personal Data. Spott also ensures that any other third party service providers that it engages implements appropriate and organisational safety measures to protect the safety and confidentiality of your Personal Data.
2. Spott has taken internal and organisational measures to prevent Personal Data being made accessible to and Processed by unauthorised persons and maintains physical, electronic and procedural safeguards to secure Personal Data.
3. Spott applies, if it considers this necessary, security measures that are consistent with industry standards to protect Personal Data, such as identification and password requirements.
4. Spott strives to protect privacy and confidentiality of Personal Data by means of suitable safety measures, but Spott cannot always guarantee the complete safety of the Processing of Personal Data, for instance where the Processing of Personal Data takes place via the internet or other electronic communication platforms.
5. Your password protects your user account You are required to use a unique and strong password, restrict access to your mobile device and log off after using SPOTT.
7. Applications of Third Parties
1. SPOTT integrates applications, linked websites and services of third parties to make information, content, advertising, products and/or services available to you (“Applications of Third Parties”).
2. Spott does not exercise any form of control over the Applications of Third Parties and is not responsible for the privacy practices or the content of such Applications of Third Parties.
3. The consultation of, or use by, the SPOTT User of Applications of Third Parties may possibly be governed by separate general terms and conditions, separate privacy regulations and other agreements with third parties. Spott advises you to read these documents carefully in order to understand how these parties collect and Process Personal Data. The only action you may take towards Spott in respect of whatever problem or dissatisfaction with Applications of Third Parties or their content is to uninstall SPOTT from your mobile device or to cease the use of such Applications of Third Parties.
8. Analysis and Statistics
1. Spott may decide to integrate analytics tools into SPOTT and the Website which – subject to your prior consent where required by law – third parties providing analyses (such as Google Analytics) will be allowed to collect information on the use of SPOTT, your mobile device and the Website with a view to providing aggregated reports to Spott to gain insight into the use of SPOTT and the Website and how they can be improved.
2. Spott may make use of analytics solutions of third parties on the Website, particularly but not exclusively Google Analytics; Google Analytics is a web analytics service provided by Google. Google Analytics uses anonymous trackers (a random set of data used for the same purposes as cookies on platforms) to track and analyse the use of the Website. The information generated by the Website (including language, regional information [country, region, city], device and network information [make, model, service provider, system]) is transmitted to and stored by Google on servers in the United States of America. Google will use this information to measure your interaction with the Website, to analyse the use of the Website and to compile reports on the Website activities. Google may also transfer this information to third parties where required by law or if third parties Process the information on behalf of Google. Spott will use anonymous and aggregate reports from Google for the sole purpose of evaluating the use of the Website and to improve the Website and SPOTT.
3. Spott may make use of log files in order to record the activity of SPOTT; This information is collected and processed solely for statistical purposes and in order to continue to improve SPOTT.
4. Spott may also encode your data and combine it with the data from other SPOTT Users to compile statistics relating to the general use of SPOTT, which enables it to develop new products and services. The combining of these data always takes place on an encoded and completely anonymous basis. Spott may also share this aggregated data with its business partners, advertisers and other third parties.
9. Cookies
1. A cookie is a small file with information that can be stored on your computer when you visit the Website. The cookie will enable Spott to recognize your device the next time you visit the Website.
2. When visiting the Website your computer will automatically receive cookies, with your prior consent if required by law, which will be transferred from the Website to your web browser. Once you have accepted the use of cookies on the Website, your preferences with respect to the use of cookies are stored in the form of a cookie for your future visits to the Website as long as you do not delete the cookies from your computer.
3. The Website uses session cookies, which are automatically deleted when you close your web browser, and permanent cookies, which remain on your device for a certain period or until you delete them. The Website only uses cookies for the purposes set out in the table below:
Purpose
Term
Cookies accepted
The Website uses cookies to remember your preferences regarding the use of cookies on the Website, in particular whether or not you are informed about the use of cookies on the Website and have authorised the use of such cookies by clicking “Continue” or any other link to the relevant web page. Spott will use the information generated by the use of cookies solely for functional purposes, with the exception of promotional purposes.
Permanent cookie
Technically-required cookies
The Website uses cookies that are necessary for the transmission of communications on the Website or which are necessary to provide or register a service as specifically requested by you.
Permanent cookie / Session cookie
4. If you wish to withdraw your consent for the use of cookies, where such consent is required, or if you wish to remove or check the cookies placed on your computer, you can usually set your web browser to block or delete certain cookies. Please note that if you choose to block or delete cookies, this may have an impact on your user experience of the Website and it is possible that some parts of it will not work properly.
5. For more information about the use of cookies and how to block them, please visit www.allaboutcookies.org or www.youronlinechoices.eu. You can always contact the Spott helpdesk if you have questions or comments about the use of cookies.
10. Amendment of these Privacy Regulations and New Purposes
1. These Privacy Regulations may be amended from time to time to reflect changes as regards the practices of Spott with regard to the Processing of Personal Data. Spott shall notify any significant amendment to these Privacy Regulations by means of the posting of a prominent notification in SPOTT and shall state the date on which they were last amended at the top of these Privacy Regulations. When using SPOTT, you will be bound by the amendments to the Privacy Regulations as soon as such amendments are reported in the manner described in this section.
2. Spott may use your Personal Data for purposes that were not initially described in these Privacy Regulations, but Spott will inform you about these new purposes in accordance with article 10.1 above, and, if required by law, it will offer you the opportunity to consent to such new purposes.
11. Your Rights
You are entitled to access the Personal Data collected about you and Processed by Spott as Controller of the Processing, and you are entitled to improve incorrect data, and to oppose the Processing of your Personal Data for promotional purposes at any time and free of charge. You can exercise your rights by following the procedures described in articles 12 and 13 below. You should thereby enclose proof of your identity and a clear and precise description of the Personal Data to which you are requesting access.
12. Opt-out
You may choose to no longer receive promotional materials from Spott by e-mail, SMS, MMS or any other means of communication, at any time and free of charge, by following the instructions that had been included therein or by contacting Spott in the manner described under article 18 below.
13. Applicable Law and Competent Courts
1. These Privacy Regulations are governed by, and interpreted in accordance with, Belgian law.
2. Any disputes relating to, or arising from, these Privacy Regulations fall under the exclusive jurisdiction of the Belgian courts of assizes and courts.
14. Complete Agreement
These Privacy Regulations, together with the documents to which they refer and in particular the General Terms and Conditions, form the complete binding agreement between the SPOTT User and Spott in relation to the use of SPOTT and the Services.
15. Divisibility
In the event any provision in these Privacy Regulations were to be invalid, unlawful or unenforceable, all parties shall be liberated from their rights and obligations under such provision to the extent that such provision is invalid, unlawful or unenforceable and on condition that such provision shall be amended insofar as required to make the provision valid, lawful and enforceable, provided with the retention of the
intention of the parties. All other provisions of these Privacy Regulations shall be deemed to be valid and enforceable unless otherwise agreed.
16. Transfer
The SPOTT User may not transfer his rights and obligations under these Privacy Regulations to a third party.
17. No Waiver
No abstention and no mere failure of Spott to carry out or enforce its rights under these Privacy Regulations shall be deemed to be a waiver of such, unless acknowledged and confirmed in writing by Spott.
18. Helpdesk
For questions, comments or complaints regarding these Privacy Regulations, or if you wish to exercise your right to access, correction and objection to the Processing of your Personal Data for promotional purposes, you may contact the Spott helpdesk:
1. Spott N.V. helpdesk: Ninovesteenweg 198 bus 41 Aalst, Belgium
2. Email: admin@spott.ai
3. Website: www.spott.ai
