Privacy Policy

Privacy statement of Send A Smile B.V. registered with the Chamber of Commerce under KvK number 24493626

Article 1 Definitions
In this Privacy Statement the following definitions are used:
a. Send A Smile: the User of this Privacy Statement;
b. Shopkeeper: the natural person or legal entity operating a Webshop for Send A Smile;
c. Visitor: the Visitor of the Website;
d. Other Party: the Visitor entering into an Agreement with Send A Smile through the Website;
e. Website: the Website www.sendasmile.com and the Websites offering Cards of Send A Smile.

Article 2 Privacy
2.1 Send A Smile shall ensure that the processing of personal data complies with the "Wet bescherming persoonsgegevens" (Dutch Personal Data Protection Act).
2.2 To the extent as necessary the Personal Data Protection Commission has been notified of the data processing and its specified purpose by Send A Smile.

Article 3 Controller of personal data
The Controller of the personal data processing is:
Send A Smile BV
Nieuwe Binnenweg 137
3014 GJ Rotterdam

Article 4 Purposes of processing
4.1 Send A Smile processes personal data of other parties (such as: name, address, email address and telephone numbers) for the following purposes:
a. performance of the Agreement;
b. maintaining customer relations with the Other Party;
c. forwarding commercial electronic messages to the Other Party.
4.2 The personal data of the Other Party are used for direct marketing purposes only in case the Other Party has given its express, unequivocal approval to Send A Smile. The Other Party may revoke said approval at all times, Cf. article 5 of this Privacy Statement.
4.3 Send A Smile shall not approach the Other Party for any direct marketing purposes in case the Other Party has not given its approval.
4.4 Personal data of the Other Party are provided to third parties only if the Other Party has given its express, unequivocal approval. This approval may be withdrawn by the Other Party at any time. The approval of the Other Party is not required in case providing personal data to a third party is necessary for the performance of the Agreement. In such a case only the necessary information is provided.

Article 5 The right to object
5.1 The Other Party has the right to object to the processing of his personal data.
5.2 An objection can be filed by the Other Party in e.g. the following ways:
a. in writing, addressed to:
Send A Smile BV
Nieuwe Binnenweg 137
3014 GJ Rotterdam;
b. by electronic communication to email address: support@sendasmile.com;
c. by clicking the link provided in the email containing the commercial message, enabling the Other Party to refuse further receipt of such email messages.
5.3 In each commercial message sent to the Other Party the Other Party is informed of the possibility to object.
5.4 If the Other Party objects to the processing of his personal data for direct marketing purposes the processing concerned shall be terminated immediately.

Article 6 Data protection
Send A Smile will see to a suitable organizational, technical and physical protection of its systems in which the data of the Other Party are stored.

Article 7 Suspected misuse
Send A Smile reserves the right to take proactive and corrective action in the event of suspected misuse, which means that Send A Smile has the right to store and keep any information of and about an Other Party as possible evidence of misuse. In addition to that, and in case of a sufficiently substantiated suspicion of misuse, Send A Smile has the right to request third parties for further details about the Other Party. In the event of sufficient evidence Send A Smile may take suitable action including exclusion from the website or filing a police report.

Article 8 Click through behavior
The website registers general visitor information, said information not identifying Visitors, such as the most frequent page visits. The purpose of this is the optimization of the website structure. This information may also be used to upload more specific information to the Website.

Article 9 Use of cookies
9.1 Send A Smile and the Shopkeepers may compile and analyze information about the use of the Website, including the domain name, the number of hits and page visits. This information may be collected by means of a cookie. Cookies cannot be used to identify persons, but equipment only. Each Visitor may configure its computer in such a way that no cookies are accepted.
9.2 In case the Other Party has configured its computer in such a way that the computer does not accept any cookies, the Other Party may not be able to use certain Website functionalities.

Article 10 Privacy policies of third parties
This Privacy Statement does not apply to websites of third parties connected to the Website by means of links. Send A Smile does not accept any responsibility or liability with respect to the way in which personal data are used by those parties.

Article 11 Modification of data
If requested, Send A Smile will enable the Other Party to access any data of said Party kept by Send A Smile. In addition to that Send A Smile offers the Other Party the possibility to have any incorrect data of the Other Party kept by Send A Smile corrected or removed. The Other Party may contact Send A Smile for inspection of the above data or modification or removal of the personal data of the Other Party.

Article 12 Complaints
If, in the opinion of the Other Party, the Website or any acts of Send A Smile are not in accordance with this Privacy Statement, the Other Party may contact Send A Smile.

Article 13 Modification
Send A Smile reserves the right to modify this Privacy Statement. Modifications will become effective at the point in time of their publication on the Website. The Other Party will be notified of this by email.