Privacy statement

Last amended on 24/06/2019

Your personal data is extremely important to us and we consequently endeavour to make it as secure as possible, as well as to guarantee your rights whenever using that data, in accordance with the applicable Belgian and EU regulations concerning privacy and data protection.

This Privacy Declaration is applicable to the processing of the personal data that is collected through both the Website as well as the SmartWithFood (hereafter: SWF) App. When you are referred to another website or application from our Website or App, please bear in mind that the terms and conditions of that website or application apply.

This Privacy Declaration must be read in conjunction with our Terms and Conditions of Use. Together they constitute an inextricable whole.

1 SMARTWITHFOOD AS CONTROLLER OF THE PROCESSING

The SWF App and Website are owned and managed by SmartRetail CBVA, with its registered office at B-1500 Halle, Edingensesteenweg 196 and registered under enterprise number 0640.760.224 with the Register of Legal Entities of the Dutch-language Commercial Court of Brussels (VAT BE 0640.760.224) (hereafter: “SmartWithFood”, “SWF”, “we” or “us”), which is also responsible for the processing of personal data in the SWF App.

Our SWF data protection officer (hereafter: DPO) can be approached at our branch at B-9820 Merelbeke, Guldensporenpark 100 (Blok K) and via: dpo@smartwithfood.com

2 WHAT PERSONAL DATA DO WE COLLECT AND PROCESS FROM THE WEBSITE AND SWF APP?

2.1 Information that you provide to us:

You can create a profile on the SWF App. For that purpose we ask that you provide us with a number of contact details, including your (profile) name and a valid email address (hereafter: the “Contact Details”). Users can also complete their profile by providing information on ingredients they would or would not like (hereafter: the “Profile Details”).

You can complete a contact form on the SWF Website (for Business), which you can use to put questions to us. We use your surname, given name, company and email address for this.

Content of the communication with us (by email, telephone, letter or on social media). Making offers for and/or providing and exchanging information concerning and on behalf of the service provided and other activities.

SmartWithFood keeps the contact details of prospects and of (former, current and future) suppliers or partners. That data primarily consists of the surname, given name and professional information, such as their position within the company and their email address.

SmartWithFood keeps the contact details of job applicants. That data consists primarily of information from the application form, CV, references and associated information.

2.2 Technical data and cookies

Whenever you visit our Website or use the SWF App, we collect data using cookies and other technologies. This data pertains to, inter alia, your browser and operating system, the external website/app that referred you to the SWF App, the functions of the SWF App that you use, and the date and time of your session (hereafter: the “Technical Data”).

SmartWithFood moreover uses tools such as Facebook Pixel, Google Analytics and Facebook Insights. Through such tools we are able to track the actions of the users allowing us to, among other things, record the impact of Facebook advertisements for statistical and market research purposes. Facebook can link this data to your Facebook account and also use it for its own advertising purposes, pursuant to the Facebook privacy policy. When we refer to statistics we mean the counter that adds up or measures the number of visitors. For further information about cookies, please refer to our cookie policy

2.3 Scanning behaviour and data on the use of the App

We also record your scanning behaviour and your requests for additional products through the “Discover these products that may interest you too” function (hereafter: “Scanning behaviour and data on the use of the App”).

3 FOR WHICH PURPOSES AND ON WHAT LEGAL GROUNDS DO WE PROCESS YOUR PERSONAL DATA?

3.1 Contact Details and Profile Data

Contact Details and Profile Data obtained through the SWF App are stored in a database and processed in order to:

  • compare the nutritional requirements and/or preferences you provided with the information on ingredients or allergens provided by Data Providers.
  • inform you whether specific products comply with the requirements and/or preferences you provided, under the emphatic condition of that which is stated in this respect in the Terms and Conditions of Use.
  • inform you of other nutritional products that may interest you, with due regard for, inter alia, the requirements and/or preferences provided by you.
  • use this data within the scope of an automated processing of that personal data, in which context personal aspects could be evaluated on the basis of that data, such as your personal preferences or interests, allowing us to provide you with special offers and information that might be of interest to you.
  • use this data within the scope of an automated processing of that personal data, in which context personal aspects could be evaluated on the basis of that data, such as your personal preferences or interests, allowing us to provide you with special offers and information that might be of interest to you.
  • direct marketing purposes so that we can provide you with focused communication, promotional offers, special offers and other advertisements from us or from our selected partners.

  • We process this information on the basis of your express and informed consent, provided in advance.

    Contact Details that we obtain via the Website are stored in a database and processed so that we can respond to questions/comments from visitors to the Website. This data is processed on the grounds of consent:

  • The contact details of prospects, business relations, partners and others are stored and processed in order to realise potential partnerships and opportunities. This data is collected on the basis of consent.
  • The contact details of job applicants (and the other details that we obtain during the application procedure) are stored for the purpose of negotiating the job application procedure. With your consent, this data is processed for the purpose of any future job vacancies in our company. Your response to our vacancy holds as the active transaction whereby you gave us your informed, free, specific and unambiguous consent to process your data.
  • You can always modify or revoke your consent, pursuant to the provisions below.

    3.2 Technical data and cookies

    We collect technical data through the Website and SWF App and process it for statistical purposes and in order to continue improving our service to you. We process this technical data on the basis of the legitimate interest of SWF in improving its App and its service.

    3.3 Scanning behaviour and data concerning the use of the App

    We process the data concerning your scanning behaviour and your use of the App in order to:

    • improve the function for presenting additional products and to further match the information the User sees when he/she scans a product to the needs of the User, and
    • give the Colruyt Group the opportunity to improve their range of products.

    Your personal data will not be further processed without your prior consent for purposes other than those purposes set out above.

    As a User you can create different profiles (using the “Add a profile” function) and manage them. You guarantee that you have provided the necessary information in this respect to the parties concerned and also obtained the required consent and rights from those parties, including valid consent to input their (personal) data in the SWF App and to have that data processed subject to the terms and conditions set out in this Privacy Declaration.

    The profile name is stored in encoded format on the servers and cannot be decoded nor used for other purposes.

    4 WHO HAS ACCESS TO MY PERSONAL DATA?

    SWF
    SWF staff only have access to your personal data insofar as they require it to perform their job.

    All SWF staff sign a confidentiality agreement, under which they are contractually bound to treat personal data in the strictest confidence and not transmit it to third parties.

    Service providers
    “Processor agreements” were concluded with, inter alia, the IT and other service providers that are tasked by SWF with setting up and maintaining our data structure, with such for the purpose of providing the maximum level of protection to your personal data. Here again, access is only granted to personal data where that is strictly necessary for setting up and maintaining our database.

    The competent authorities
    SmartWithFood can grant the competent authorities access to personal data within the context of threatening or pending legal proceedings, within the context of judicial investigations or requests for information, at the request of the authorities or in order to comply with other statutory obligations.

    Those persons designated by you
    At your express request we can transmit your personal data, in the form of a PDF report and without granting them access to your account, to a person designated by you (through the “Share profile info” SWF App function). You can choose whether or not to make use of this function. For safety reasons the information will only be shared if we receive a request from the email address you used to register.

    Should you wish to make use of the “Share profile info” function, then you shall share the full content of your profile through the channels provided for in the App (email, text message or through other applications). You declare that you bear full responsibility for this. SmartWithFood cannot know nor find out to whom we are sending this information and can consequently under no circumstances be held responsible for the consequences of disseminating that information.

    Public locations
    You must bear in mind that the information you post on public locations, such as the SWF chat forum or the SWF blog or social media (this being a non-exhaustive summary), is visible to everybody. This data can be collected by third parties that are not party to this Privacy Declaration. Those actions fall outside of the responsibility of SWF, which is why we recommend that you always consider before posting your personal information on such locations.

    5 WHERE DO WE STORE YOUR PERSONAL DATA?

    In a few cases your personal data can be transmitted to third-party countries or organisations outside of the EU. In that event SWF shall ensure that adequate measures are in place in order to guarantee a suitable level of protection.

    6 HOW LONG DO WE STORE YOUR PERSONAL DATA FOR?

    SmartWithFood stores and processes your personal data no longer than is necessary for fulfilling the aforementioned purposes for which the data is collected. We store your personal data in our systems for as long as is reasonably necessary in order to be able to provide our services.

    • Data that we obtain through the SWF App (profile and nutritional preferences) are stored for a period not exceeding 2 years after the last time you used the SWF App, unless you close your account before that period expires (see below with respect to deleting your account). After that the data shall be anonymized or deleted.
    • Data that we obtain within the context of the job application procedure (application form, CV, references, associated information, etc) is kept for 2 months after the application procedure is completed.
    • Data obtained through the Website (the contact form) is kept for as long as is necessary to provide the service.
    • Cookies are kept in accordance with the default settings for
    • Google Analytics
    • Facebook Insights

    7 HOW DO WE SECURE YOUR PERSONAL DATA?

    SWF treats your personal data confidentially and with the greatest possible care. SWF secures its systems – to a reasonable degree – against the loss and/or against any form of unlawful use or processing. In doing so SWF uses appropriate technical and organisational measures, with due regard for the state of the art. Your data is adequately secured pursuant to the privacy laws and regulations in effect. The personal data you provide is stored on servers that are located in controlled and secured environments.

    Notwithstanding the aforementioned endeavours, you should be aware that there is always a risk associated with sending personal data online. Consequently we are never able to fully guarantee the safety and security of your personal data.

    8 WHAT ARE MY RIGHTS AS A USER?

    If you have provided your data to us, whether actively or automatically, you always have the right to request, free of charge, that we inform you what data we have, and where necessary to have that data corrected free of charge, or restricted and transmitted in electronic form or deleted.

    You also have the right to revoke your consent at any time with respect to the processing of your personal data. This revocation shall however not impact upon the lawfulness of the processing of your personal data in the period prior to the time of said revocation.

    You can exercise these rights by contacting us using our contact details, subject to you satisfactorily identifying yourself.

    You can delete your SWF account and the SWF App at any time. All personal data held by SWF will then be deleted, unless SWF is obliged by law to retain it or has another lawful basis to further process it.

    9 HOW CAN I DELETE MY ACCOUNT?

    If you wish to delete your account and all associated data from our databases, then please send an email wording this request to the following email address: complaint@smartwithfood.com

    10 AMENDMENTS TO THE PRIVACY DECLARATION

    SWF reserves the right to amend this Privacy Declaration from time to time by placing a new version thereof on the Website. When you install the SWF App you will be asked to carefully read the provisions of this Privacy Declaration (together with the terms and Conditions of Use) and to accept them. We will request your consent again every time we update the software and every time we amend the Privacy Declaration. Should you not or no longer accept this Privacy Declaration, you will unfortunately be unable to use or be unable to continue using the SWF App.

    11 HOW CAN I CONTACT YOU?

    Should you have any queries with respect to the Privacy Declaration please contact SmartWithFood using one of the following: