We value your personal data and we therefore 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 Services (hereinafter referred to as SWF Services). The SWF App and the different modules offered via the my.smartwithfood platform fall under the SWF Services.
The my.smartwithfood platform comprises both the Coach platform and the Lifestyle Check modules. When you are referred to another website or application via the SWF Services, take into account the conditions applicable to 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 Services are 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) (hereinafter referred to as “SmartWithFood”, “SWF”, “we” or “ our”), which is also the controller for the processing of personal data under the SWF Services.
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?
2.1 Information you provide to us
2.1.1 SWF APP
You can create a profile via the SWF App; you can do this using an email 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 email address (hereinafter referred to as: the “Contact data”). In addition, users are 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, email 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.
And finally, we register your scan & search behaviour of the SWF App and the searches 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 SWF App”).
When you use the Coaching module 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.
2.1.2 My.smartwithfood platform
COACH PLATFORM SERVICE
Via the Coach Platform of the my.smartwithfood platform you can create a profile using your email address and password. You subsequently supplement your profile with the following data:
• Email address
• Type of coach
• Coach motivation
• Riziv-number (National Institute of Health and Disability Insurance):
In addition, we also process information regarding your agreements as coach with the SWF app Users.
• Date and time
• Type of appointment
LIFESTYLE CHECK SERVICE
Via the my.smartwithfood platform you can create a profile and activate the Lifestyle check service in this way. This is based on a code sent by mail from your employer or SmartWithFood. You can then enter the questionnaire. The following data are requested:
• Information regarding your occupation (type of work, operating unit, shifts, working hours)
• Food preferences (frequency and quantity of food consumption)
• Exercise profile (frequency of exercise during spare time/work)
• Sleep rhythm
• Information regarding mind & stress
2.2 Technical data and cookies
2.2.1 SWF APP
Every time we use the SWF App we collect information using SDKs 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 (hereinafter referred to as: the “Technical data”).
The SWF App uses the following analysis services:
- Google Analytics
- Facebook SDK
These tools allow us to follow the actions of users. Statistics refer to a counter that counts or measures the number of visitors.
2.2.2 My.smartwithfood platform
When you use the my.smartwithfood platform we also 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 my.smartwithfood platform, the my.smartwithfood platform functionalities you used, the date and time of your session.
The my.smartwithfood platform uses the following analysis services:
- Google Analytics
3 FOR WHICH PURPOSES AND ON WHICH LEGAL GROUND DO WE PROCESS YOUR PERSONAL DATA?
3.1 Contact data and profile data
3.1.1 SWF APP
Contact data and profile data obtained via the SWF App, are kept in a database, and processed to:
• Compare the food 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 information and 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 by email (if you opt for this).
• Contact you by email about scientific studies, focus groups and new features (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 in recipes, 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 question, 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, to contact people at a later time to answer questions (e.g. via Whatsapp).
We process these personal data based on your prior, express and informed consent. You can always adapt or withdraw your consent in accordance with the provisions below.
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.
Finally, your 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 (email 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.
3.1.2 My.smartwithfood platform
COACH PLATFORM SERVICE
Your coach profile data obtained via the Coach Platform are processed to find the best possible match between you and the SWF app Users. Based on your profile, you are suggested to SWF app Users which we believe to be the best match. Your email address and exact address are not shared with the SWF app Users, only your town or city.
LIFESTYLE CHECK SERVICE
Your data obtained via the Lifestyle check service are processed to create the best possible picture of your lifestyle. The questionnaires are about diet, exercise, sleep and stress. At the end you receive an extensive report with lifestyle scores and insights. Furthermore, (if you want) you will receive more detailed personalised support through recipes and practical tips via the SWF App. If the Lifestyle Check service is initiated by your employer, he shall in no way whatsoever have access to your personal data. Your employer only receives insight in the report through anonymous, aggregated data. This allows your employer to evaluate and, if necessary, adjust the offer in the field of health and safety at work.
3.2 Technical data and cookies
Technical data are collected via the SWF App and my.smartwithfood platform and processed for statistical purposes and to further improve our services to you. For non-essential cookies we ask your permission.
Google Analytics provides statistical information regarding the number of SWF app and my.smartwithfood platform Users. Mixpanel analyses the user behaviour and functionalities in the SWF App. Sentry traces errors and problems in the SWF App. Facebook SDK analyses how many people go to the SWF App via the Facebook Advertisement.
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 which contractually binds them to treat personal data strictly confidentially and not to transfer these data 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 if 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 the Coaching module in 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.
4.5 Jitsi (when you use Jitsi in the Coaching module in the SWF App)
When you schedule an online interview with your coach, this interview can be done with Jitsi if you opt for this. In that case the Jitsi Privacy statement applies. Recording video chats is not permitted.
5 WHERE DO WE STORE YOUR PERSONAL DATA?
We work with American IT providers such as Microsoft Azure (for secure cloud storage) to store your personal data. The Microsoft Azure data centre is located in the European Economic Area.
To use the SWF App we work with American IT providers such as Intercom and WhatsApp to use the expert chat tool in the SWF App. We also use SendGrid for the Lifestyle Check Service to send emails.
In addition, we also use Mailchimp to contact you by email about products, services, offers and recommendations or scientific studies, focus groups and new features (if you opt for this).
As described above, your personal data may be transferred to third countries or organisations outside the European Economic Area. In that case, SmartWithFood provides adequate measures to guarantee an appropriate level of protection.
6 HOW LONG DO WE RETAIN YOUR PERSONAL DATA?
SmartWithFood does not retain and process your personal data for longer than necessary to realise the aforementioned purposes for which the data are collected. We retain your personal data in our systems for as long as necessary in all reasonableness to provide our services.
Data we obtain via the SWF services are retained until you shut down your account (for removal of your account, see below). The data will be rendered anonymous or removed.
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 with the applicable Privacy act and regulations. The personal data you provided are on 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?
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 or has another legitimate foundation to further process these data.
9 TERMINATION OF THE RELATIONSHIP WITH THE 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 email firstname.lastname@example.org. You can have your data erased for your whole account or per SWF Service. You need to specify this in your request. Your data will be erased and you will no longer have access to the SWF Service in question.
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.
12 HOW CAN YOU REACH US?
If you have questions regarding the privacy statement, please contact SmartWithFood:
By mail: email@example.com
By post: B-9820 Merelbeke, Guldensporenpark 100 (Blok K)
Via the ‘help’ button on the my.smartwithfood platform.