We understand that your trust in us is Smartbeam SA’s most important asset (hereinafter referred to as “Smartbeam”, “we” or “us”). As such, your privacy is essential for us. This privacy declaration (hereinafter referred to as “Privacy Declaration”) is applicable, inter alia, to (i) our website www.smartbeam.co* (hereinafter referred to as the “Website”), **(ii)** visiting our offices and **(iii)** all (commercial) relations between Smartbeam and its customers, prospects and business partners.

This Privacy Declaration includes information about the personal data collected by Smartbeam, as well as the manner in which Smartbeam uses and processes this personal data.

Smartbeam wishes to emphasize that it always attempts to act in accordance with (i) the Belgian Privacy Law of 8 December 1992 on privacy protection in relation to the processing of personal data (i.e. as long as still in force), (ii) the EU Regulation of 2016 concerning the protection of individuals with regards to the processing of personal data, regarding the free movement of such data and repealing Directive 95/46/EC and/or (iii) all (future) Belgian laws regarding the implementation of this Regulation.

Visiting the Website, requesting information, creating an account in order to become client, subscribing for the newsletter and/or a seminar, webinar or event implies your express approval (through disclosure of your personal information or opt-in) of the Privacy Declaration and consequently how we collect, use and process your personal data.

Please read this Privacy Declaration in conjunction with Smartbeam’s Cookie Policy.*

Types of personal data

Smartbeam can collect and process the following personal data:

• Email
• Phone number (optional)
• First Name (optional)
• Last Name (optional)
• Company Name (optional)
• Localisation (optional)
• Device type (optional)

Methods of personal data collection

These personal data are collected in the context of:

• Requesting a (trial) account
• Requesting a quote
• Downloading a brochure
• Subscribing to the newsletter/or blog
• Contact Request 
• Subscribing to a webinar/or event
• Visiting the website
• Requesting help and support
• Applying for an open position

The personal data collected by Smartbeam are therefore expressly and voluntarily provided by you.

Use of personal data

Smartbeam can use your personal data for the following purposes:

• Creating a (demo) account and confirmation thereof 
• Sending newsletters and/or blog 
• Optimising the quality, management and content of the Website, the Platform 
• Creating statistics 
• Drawing up a quote
• Conducting customer satisfaction studies, surveys and other market research 
• Sending a confirmation upon subscription for a webinar, seminar, event 
• Providing support/assistance (e.g. in case of problems)
• Send targeted marketing and advertising, updates and promotional offers based on your communication preferences and – where applicable – upon explicit consent Issuing invoices and collecting payment

Processing takes place on the following legal grounds, as the case may be:

• You have given consent to the processing of your personal data for one or more specific purposes
• Processing is necessary for the performance of the agreement with Smartbeam or in order to take steps at your request prior to entering into an agreement
• Processing is necessary for compliance with a legal obligation to which Smartbeam is subject
• Processing is necessary in order to protect your vital interests or of another natural person
• Processing is necessary for the performance of a task carried out in the public interest
• Processing is necessary for the purposes of the legitimate interests pursued by Smartbeam or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data (in particular when you are a child).

Disclosure of personal data to third parties

Smartbeam shall not disclose your personal data to third parties, unless it is necessary in the context of providing Smartbeam services and optimising them (including but not limited to maintenance works, payment processing, the delivery of services to Smartbeam (e.g. subcontracting) and database management). In this respect, your personal data may be disclosed to payment providers, software providers, cloud partner, datacentre, external IT-consultants and service providers.

If it is necessary that Smartbeam discloses your personal data to third parties in this context, the third party is required to use your personal data in accordance with the provisions of this Privacy Declaration.

Notwithstanding the foregoing, it is however possible that Smartbeam discloses your personal data:

• To the competent authorities (i) if Smartbeam is obliged to do so under the law or under legal or future legal proceedings and (ii) to safeguard and defend our rights;
• If Smartbeam, or the majority of its assets, are taken over by a third party, in which case your personal data – which Smartbeam has collected – shall be one of the transferred assets;
• For the purpose of identifying similar profiles to your own, except if you have expressly opted out in this respect.

In all other cases, Smartbeam will not sell, hire out or pass on your personal data to third parties, except when it (i) has obtained your permission to this end and (ii) has completed a data processing agreement with the third party in question, which contains the necessary guarantees regarding confidentiality and privacy compliance of your personal data.

Storage of personal data

Unless a longer storage period is required or justified (i) by the law or (ii) through compliance with another legal obligation, Smartbeam shall only store your personal data for the period necessary to achieve and fulfil the purpose in question, as specified in the Privacy Declaration under ‘Use of personal data’.

Your privacy rights

In light of the processing of your personal data, you enjoy the following privacy rights:

• Right of access to personal data which Smartbeam possibly has concerning you;
• Right to rectification, completion or update of your personal data;
• Right to delete your personal data (‘right to be forgotten’) (Smartbeam wishes to point out that in this context certain services will no longer be accessible and/or can no longer be provided if you delete resp. request deletion of certain required personal data);
• Right to limit the processing of your personal data;
• Right to transferability of your personal data;
• Right to object to/oppose the processing of your personal data;

If you wish to invoke your privacy rights, as defined below, please contact us via email (support@smartbeam.co).

In addition, you can always, via your personal account, update, modify and/or verify your personal data which you were required to submit when creating your (demo) account.

If you no longer wish to receive newsletters or information about our services, you can unsubscribe at any time by clicking the “unsubscribe” button underneath each of Smartbeam’s emails.

Security of personal data

Smartbeam undertakes to take reasonable, physical, technological and organisational precautions in order to avoid (i) unauthorised access to your personal information, and (ii) loss, abuse or alteration of your personal data.

Smartbeam shall store all personal data which it has collected in the cloud. Notwithstanding Smartbeam’s security policy, the checks it carries out and the actions it proposes in this context, an infallible level of security cannot be guaranteed. Since no method of transmission or forwarding over the internet, or any method of electronic storage is 100% secure, Smartbeam is, in this context, not in a position to guarantee absolute security.

Finally, the security of your (demo) account will also partly depend on the confidentiality of your password in obtaining access to the Platform. If you have communicated your password to a third party this third party shall have access to your (demo) account and your personal data via your password. In such cases, you are liable for the transactions which occur as a result of the use made of your (demo) account. Smartbeam therefore strongly advises you, if you observe that someone has accessed your (demo) account, to immediately change your password and contact us.

Cross-border processing of personal data

Any transfer of personal data outside the European Economic Area (EEA) to a recipient whose domicile or registered office is in a country which does not fall under the adequacy decision enacted by the European Commission, shall be governed by the provisions of a data transfer agreement, which shall contain (i) the standard contractual clauses, as referred to in the ‘European Commission decision of 5 February 2010 (Decision 2010/87/EC)’, or (ii) any other mechanism pursuant to privacy legislation, or any other regulations pertaining to the processing of personal data.

Update Privacy Declaration

Smartbeam is entitled to update this Privacy Declaration by posting a new version on the Website. As such, it is strongly recommended to regularly consult the Website and the page explaining the Privacy Declaration, to make sure that you are aware of any changes.

Other websites

The Website may potentially contain hyperlinks to other websites. When you click on one of these links, you may be redirected to another website or internet source that could collect information about you through cookies or other technologies. Smartbeam does not bear any responsibility, liability or control authority over these other websites or internet resources, nor about their collection, use and disclosure of your personal data. You must check the privacy declarations of these other websites and internet sources in order to be able to judge whether they act in accordance with the Privacy Legislation.

Contact Smartbeam

If you have questions about this Privacy Declaration, or the manner in which Smartbeam collects, uses or processes your personal data, please contact us:

• Via e-mail: support@smartbeam.co). or
• Via post: Smartbeam SA, avenue Louise 486 / 15, 1050 Bruxelles, Belgium

In case you are not satisfied with the way Smartbeam handled your questions and/or remarks or have any complaints about the way Smartbeam collects, uses and and/or processes your personal data, note that you have the right to lodge a complaint with with the Data Protection Authority.