Last edited on: 18/02/2020
Article 1 - General information
Data protection officer / DPO
Article 2 - Personal data
2.1. Personal data that you share with us:
- Category 1: without registration: your IP-address;
- Category 2: at registration on the website/app when creating an account: Your e-mail address and password; and any supplementary personal data you voluntarily provided in your profile; such as your name, first name and/or personal events in the calendar functionality;
- Category 3: your first name & name and address details in order to make a delivery, your payment and invoicing data when placing an order;
- Category 4: when you subscribe to our newsletter: your e-mail address;
- Category 5: images that you save on your account or upload for the delivery of the goods;
- Category 6: via cookies: see Article 9;
- Category 7: transfer to third parties: your IP address, e-mail address, order data and other electronic data.
Using smartphoto services without registration
|Your IP address, preferences||If you would make a photo album without creating an account, your IP address and preferences will be stored|
Creating a smartphoto account
|Your e-mail address, password and all other additional personal details you have entered, such as your name, first name or personal events in the calendar functionality||When creating a smartphoto account, certain personal details are required for registration. The other personal data can be entered freely|
Orders and deliveries
|Your first name, name, (e-mail) address, payment and billing information||These data are the standard data for your orders and deliveries|
Subscription to the newsletter
|Your e-mail address||If you choose to subscribe to our newsletter, your e-mail address will be processed by us|
|Your images||Images that you upload to your account are stored by us|
|Information about your clicking and viewing behavior on the website or on other online smartphoto services, devices, IP address, internet browser type, location data, preferences, ...||Certain information is collected through cookies. You can read all about this in Article 9|
Transfer to third parties
|Your IP address, e-mail address, order data and other electronic data||Certain information is passed on to our partners when, for example, you choose to post a review about smartphoto or choose a voucher from our partner network. More information on this in Article 3.3|
2.2. Smartphoto can collect data from you (personal data) in various ways:
- by using cookies (see below);
- during your registration and use of the website or app.
Article 3 – Purposes of the processing
3.1. General purposes:
Smartphoto will only make use of the personal data collected from you for the following purposes:
- Category 1: your IP address for the purpose of maintaining and improving this website or mobile app and the inclusion of personal data in anonymous statistics from which the identity of specific persons or companies cannot be deduced, with the legal grounds being the legitimate interests of smartphoto to continually improve its website or mobile app and services. Using the IP address, the geographical information is also processed via Google. Furthermore, we also remember your preferences, in order to be able to give you suitable advice.
- Category 2: your e-mail address and password (and any supplementary personal data you voluntary provided in your profile) for the purpose of managing your account on this website or mobile app, with the legal basis being the implementation of an agreement that was requested by you, and, if indicated by you, for the sending of direct marketing, with the legal basis being your explicit, prior consent.
- Category 3: your first name, name and address details for the delivery, payment and invoicing of the products ordered by you, with the legal basis being the provision of a service that was requested by you. At each order you have the option to either allow to store your payment details or not. These are stored as an additional service for you.
- Category 4: your e-mail address for the purpose of sending you direct marketing, newsletters, special offers and promotions, with the legal basis being your explicit prior permission.
- Category 5: images that you save on your account or upload for the delivery of the goods.
- Category 6: cookies, see Article 9 for more information.
- Category 7: your IP address, e-mail address and certain order dataare securely passed on to our partners with the aim of being able to perform the requested action. This action may include posting a review on smartphoto or receiving a voucher from our partner network. Furthermore, this information is passed on for accounting or security purposes. Therefore, smartphoto bases on the implementation of an agreement that was requested by you, and where necessary, on your prior permission.
You are not obligated to release your personal data, but you must understand that the provision of certain services becomes impossible if you refuse to allow the processing.
3.2. Direct marketing:
The personal data will also be used for direct marketing, if you gave your consent.
If you have already been included in our mailing list for receiving marketing materials in electronic form, smartphoto may use your personal data for sending you direct marketing with regard to smartphoto and its services.
This consent can be withdrawn simply at any time, without justification and free-of-charge, for example by clicking on the opt-out link provided for this at the bottom of each promotional e-mail message or in your profile. You can also contact us by e-mail via firstname.lastname@example.org or by letter to the following address:
smartphoto Nordic AB
211 22 Malmö, Sweden
3.3. Transfer to third parties:
Smartphoto will never pass on your personal data to third parties without your consent, with the exception of:
- companies that are directly or indirectly connected with smartphoto for carrying out the requested services (such as the delivery of the ordered goods).
- companies with which smartphoto has entered into a partnership, such as a voucher partner network or a review platform. The data transmitted to these third parties are adequately protected by appropriate measures such as encryption or pseudonymization, so that your privacy is guaranteed at all times.
Smartphoto will make reasonable efforts to inform you in advance of the fact that smartphoto discloses your data to the above-mentioned third parties, but you should also recognise that this is not technically or commercially feasible under all circumstances.
We want to inform you that we import your contact details into Facebook to send you our advertisements from our Facebook page. If you no longer want this, you can oppose.
Further, smartphoto will not sell, rent or distribute your personal data, or make it otherwise commercially available to third parties, except in the cases described above, or with your prior consent.
3.4. Legal requirements:
In rare cases, it may occur that smartphoto is obliged to disclose your personal data pursuant to a court order, or in order to comply with other mandatory laws or regulations. Smartphoto will make reasonable efforts to inform you accordingly in advance, unless this is subject to legal restrictions.
Article 4 – Duration of the processing
We retain and process personal data for a period that is necessary to fulfil the purposes of the processing, depending on the contractual relationship between you and smartphoto.
- Category 1: without registration: your IP address for the duration of your visit to the website or app.
- Category 2: your e-mail address and password (and any supplementary personal data you voluntarily provided in your profile) will be retained for the duration of the customer relationship.
- Category 3: after you have placed an order, your first name, name and address details will be retained for the duration of the customer relationship.
- Category 4: your e-mail address will be retained for the duration of the customer relationship.
- Category 5: all images uploaded by using your account will be retained for 24 months. If a (new) order has been placed, your images will be kept for another 24 months. If images have been uploaded or used for an order without using your account, these will be kept for one month.
- Category 6: cookies, see Article 9.
- Category 7: these data are stored during a limited period of time, in accordance with the contract that smartphoto has entered into with its partner.
Article 5 - Your rights
5.1. Right of access and inspection:
You have the right to access your personal data at any time and free of charge, as well as to be informed about the use smartphoto makes of your personal data.
5.2. Right of correction, deletion and limitation:
You are free to communicate your personal data to smartphoto, or not to do so. In addition, you have the right to ask us to correct, supplement or delete your personal data at any time. You acknowledge that the delivery of certain services and products will not be possible if you refuse to communicate personal data, or if you ask us to delete your personal data.
You may also request that the processing of your personal data be restricted.
5.3. Right of objection:
You also have the right to oppose the processing of your personal data for serious and legitimate reasons.
In addition, you always have the right to oppose the use of Personal Data for direct marketing purposes and, for example, to import your data into Facebook in order to be able to send you our advertisements; in such a case, you obviously do not have to give any reasons.
5.4. Right of free data transfer:
You have the right to obtain your personal data that is processed by smartphoto in a structured, standard and machine-readable form and/or to have your personal data transferred to other data processors.
5.5. Right of withdrawal of consent:
Insofar as the processing is based on your prior consent, you have the right to withdraw this consent.
5.6. Exercising your rights:
You can exercise your rights by contacting us, either by e-mail to email@example.com or by letter to (provided you can identify yourself as a customer):
smartphoto Nordic AB
211 22 Malmö, Sweden
5.7. Right to submit complaints:
You have the right to lodge a complaint to the Information Commissioner’s Office (ICO): Information Commissioner’s Office, 3rd floor, 14 Cromac Place, Belfast, BT7 2JB Phone: 029 2067 9400, Fax: 0292 067 8399 e-mail: firstname.lastname@example.org.
A claim for compensation from the civil court will still be possible afterwards in the event you were to suffer damage as a result of the processing of your personal data.
Article 6 - Security and confidentiality
6.1. We have developed technical and organisational security measures of personal data protection to prevent the destruction, loss, falsification, modification, unauthorised access or inadvertent notification to third parties of personal data by error, as well as to prevent any other unauthorised processing of this data.
6.2. Under no circumstances can smartphoto be held liable for any direct or indirect damage that arises from the incorrect or unlawful use of the personal data by a third party. You guarantee that you have lawfully obtained permission from the people who are included in the images you submitted or uploaded, and if there is copyright or any other right on the images, that you have these rights; and that you will fully compensate and indemnify smartphoto against any claim by a third party against smartphoto as a result of unlawful processing of that third party’s personal data.
6.3. You must comply with the security regulations at all times, for example by preventing any unauthorized access to your login. You are therefore solely responsible for the use of our service from your computer or mobile device, IP address and for your identification data, as well as for the confidentiality thereof.
Article 7 – Access by third parties
7.1. In order to be able to process your personal data, we grant access to your personal data to our employees to the extent that is necessary for one of the described purposes of the processing.
7.3. In order to guarantee an optimal service, our customer service department has access to your account, and this only in the context of providing our services to you.
Article 8 – Privacy Commission declaration
A declaration of the processing of personal data was made to the Belgian Data Protection Authority, de Gegevensbeschermingsautoriteit. You can always contact this authority,
- by letter:
Drukpersstraat 35 - 1000 Brussel - België
- by phone:
+32 (0)2 274 48 00
+32 (0)2 274 48 35
- by e-mail:
Article 9 - Cookies
Article 10 – Applicable law and competent court