Privacy policy

Last updated: 20 October 2024

This Privacy Policy explains how ShishaSmaak (the 'Site', 'we', 'us' or 'our') collects, uses and passes on your personal data when you visit or use our services, make a purchase at shishasmaak.nl (the 'Site'), or otherwise deal with us in connection with the Site (together, the 'Services'). For the purposes of this Privacy Policy, 'you' and 'your' refer to you as a user of the Services, whether you are a customer, a visitor to the website or any other person whose information we have collected under this Privacy Policy.

Please read this Privacy Policy carefully.

Changes to this Privacy Policy

We may revise this Privacy Policy from time to time, for instance to reflect changes in the way we work or for other operational, legal or regulatory reasons. Whenever we do, we publish the updated version on the Site, amend the 'Last updated' date and take any further steps that applicable law requires of us.

How we collect and use your personal data

In order to run the Services we gather personal data about you from a number of sources, as set out below. Exactly what we collect and how we use it depends on the way you interact with us.

Alongside the specific uses described below, we may use the information we hold about you to correspond with you, to deliver or improve the Services, to meet any legal obligations that apply to us, to enforce the applicable terms of service, and to protect or defend the Services, our rights and the rights of our users or others.

The personal data we collect

The type of personal data we obtain about you depends on how you use our Site and our Services. Where we refer to 'personal data', we mean information that identifies you, relates to you, describes you or can reasonably be linked to you. The sections that follow set out the categories and the specific kinds of personal data we collect.

Information you give us directly

Information you provide to us directly through the Services may include:

  • Contact details such as your name, address, telephone number and email address.
  • Order details such as your name, billing address, delivery address, payment confirmation, email address and telephone number.
  • Account details such as your username, password, security questions and other information used to keep your account secure.
  • Customer support information such as whatever you choose to include in your correspondence with us, for example when you send a message through the Services.

Certain features of the Services only work if you supply particular information about yourself directly to us. You are free to withhold that information, but you may then be unable to access or make use of those features.

Information we collect about your use

We may also gather certain information automatically about the way you interact with the Services ('Usage Data'). To do this we may use cookies, pixels and similar technologies ('Cookies'). Usage Data can include information about how you reach and use our Site and your account, including device information, browser information, details of your network connection, your IP address and other information about your interaction with the Services.

Information we obtain from third parties

Finally, we may receive information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies that support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment details (for example bank account, credit card or debit card details and billing address) in order to process your payment, fulfil your orders and supply the products or services you have asked for, so that we can perform the contract we have with you.
  • When you visit our Site, open or click on emails we send you, or interact with our Services or advertising, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software development kits, third-party libraries and cookies.

Any information we obtain from third parties is handled in line with this Privacy Policy. See also the section below, Third-party websites and links.

How we use your personal data

  • Providing products and services. We use your personal data to deliver the Services under the contract we have with you. That covers processing your payments, fulfilling your orders, sending notices relating to your account, purchases, returns, exchanges or other transactions, creating, maintaining and otherwise administering your account, arranging shipping, handling returns and exchanges, and other features and functionality connected with your account.
  • Marketing and advertising. We may use your personal data for marketing and promotional purposes, such as sending marketing, advertising and promotional messages by email, text message or post, and showing you adverts for products or services. This can involve using your personal data to tailor the Services and the advertising you see on our Site and on other websites. If you are resident in the EEA, the legal basis for this processing is our legitimate interest in selling our products, under Art. 6 (1) (f) GDPR (AVG).
  • Security and fraud prevention. We use your personal data to detect, investigate and act on possible fraudulent, unlawful or malicious activity. If you choose to use the Services and register an account, keeping your login details safe is your own responsibility. We strongly advise you not to share your username, password or other access details with anyone else. If you believe your account has been compromised, contact us straight away. If you are resident in the EEA, the legal basis for this processing is our legitimate interest in keeping our website secure for you and for our other customers, under Art. 6 (1) (f) GDPR.
  • Communication and service improvement. We use your personal data to provide you with customer support and to improve our Services. This rests on our legitimate interest in communicating with you, serving you effectively and maintaining our business relationship with you, under Art. 6 (1) (f) GDPR.

Cookies

Like a great many other websites, we use cookies on our Site. Specific information about the cookies used in connection with running our shop on Shopify can be found at https://www.shopify.com/legal/cookies. We use Cookies to support and improve our Site and our Services (including remembering your actions and preferences), to carry out analytics and to better understand how users interact with the Services (in our legitimate interest in operating, improving and optimising the Services). We may also permit third parties and service providers to use cookies on our Site in order to tailor the services, products and advertising shown on our Site and on other websites.

Most browsers accept Cookies automatically by default, but you can adjust your browser settings so that cookies are deleted or refused. Please bear in mind that deleting or blocking cookies may detract from your experience and may mean that parts of the Services, including certain features and general functionality, stop working properly or are no longer available. Blocking Cookies may also not fully prevent the ways in which we share information with third parties, such as our advertising partners.

How we disclose personal data

In certain circumstances we may disclose your personal data to third parties in order to perform a contract, for legitimate purposes and for other reasons covered by this Privacy Policy. Those circumstances may include:

  • With suppliers or other third parties who carry out services on our behalf (for example IT management, payment processing, data analytics, customer support, cloud storage, fulfilment and shipping).
  • With business and marketing partners, so that services can be provided and advertising shown to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
  • Where you instruct us, ask us or otherwise consent to us passing certain information to third parties, for example in order to deliver products to you or through your use of social media widgets or login integrations, with your consent.
  • With our affiliates or otherwise within our group of companies, in our legitimate interests in running a successful business.
  • In connection with a corporate transaction such as a merger or an insolvency, to comply with applicable legal obligations (including responding to subpoenas, search warrants and similar requests), to enforce the applicable terms of service and to protect or defend the Services, our rights and the rights of our users or others.

We disclose the following categories of personal data and sensitive personal data about users for the purposes set out above in "How we collect and use your personal data" and "How we disclose personal data":

Category Categories of recipients
  • Identifiers such as basic contact details and certain order and account information
  • Commercial information such as details of orders, shopping and customer support
  • Internet or other similar network activity, such as usage data
  • Geolocation data such as locations determined from an IP address or by other technical means
  • Suppliers and third parties who provide services on our behalf (such as internet providers, payment processors, fulfilment partners, customer support partners and data analytics providers)
  • Business and marketing partners
  • Affiliates

We do not use or disclose sensitive personal data without your consent, nor for the purpose of inferring characteristics about you.

Third-party websites and links.

Our Site may contain links to websites or other online platforms run by third parties. If you follow links to sites that are not affiliated with us or not under our control, it is important that you read their privacy and security policies and their other terms. We give no warranty and accept no responsibility for the privacy or security of such sites, including the accuracy, completeness or reliability of the information they contain. Information you provide in public or semi-public places, including anything you share on third-party social networks, may also be visible to other users of the Services and/or to users of those third-party platforms, without restriction on its use by us or by any third party. The presence of such links on our Site does not in itself imply any endorsement of the content on those platforms or of their owners or operators, except where stated within the Services.

Children's data

The Services are not intended for use by children and we do not knowingly collect personal data about children. If you are the parent or guardian of a child who has provided us with personal data, you can contact us using the contact details below to request that it be deleted.

As at the effective date of this Privacy Policy, we have no actual knowledge of 'sharing' or 'selling' the personal data of anyone under 16 years of age (as those terms are defined under applicable law).

Security and retention of your information

Please note that no security measure is perfect or impenetrable, and that we cannot guarantee 'perfect security'. It is also possible that data you send us is not secure while in transit. We would advise you not to use insecure channels to send us sensitive or confidential information.

How long we keep your personal data depends on a range of factors, such as whether we need it to maintain your account, to provide the Services, to comply with legal obligations, to resolve disputes or to satisfy other applicable contracts and policies.

Your rights

Depending on where you live, you may have some or all of the rights listed below in respect of your personal data. These rights are not absolute, however: they may apply only in particular circumstances, and in some cases we may decline your request to the extent the law permits.

  • Right of access / right to know: You may have the right to request access to the personal data we hold about you, including details of how we use and share it.
  • Right to erasure: You may have the right to ask us to delete the personal data we hold about you.
  • Right to rectification: You may have the right to ask us to correct inaccurate personal data we hold about you.
  • Right to portability: In certain circumstances, and subject to certain exceptions, you may have the right to receive a copy of the personal data we hold about you and to ask us to transfer it to a third party.
  • Restriction of processing: You may have the right to ask us to stop or limit our processing of personal data.
  • Withdrawal of consent: Where we rely on your consent to process your personal data, you may have the right to withdraw that consent.
  • Appeal: You may have the right to appeal against our decision if we refuse to act on your request. You can do so by replying directly to our refusal.
  • Managing your communication preferences: We may send you promotional emails, and you can opt out of receiving them at any time using the unsubscribe option included in the emails we send you. If you do opt out, we may still send you non-promotional emails, such as messages about your account or about orders you have placed.

You can exercise any of these rights where indicated on our Site, or by contacting us using the contact details below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you in order to verify your identity, such as your email address or account details, before we give a substantive response to a request. Where applicable law allows, you may appoint an authorised agent to submit requests on your behalf to exercise your rights. Before we accept such a request from an agent, we require the agent to provide proof of that authorisation to act for you, and we may ask you to verify your identity with us directly. We will respond to your request promptly, as applicable law requires.

Complaints

If you have complaints about the way we process your personal data, please contact us using the contact details below. Should our response to your complaint not satisfy you, then depending on where you live you have the right to appeal against our decision by contacting us using the contact details below, or to lodge your complaint with your local data protection authority. For the EEA, a list of the competent supervisory data protection authorities is available here.

International users

Please be aware that we may transfer, store and process your personal data outside the country in which you live. Your personal data will also be processed by staff and by external service providers and partners in those countries.

Where we transfer your personal data outside Europe, we rely on recognized transfer mechanisms such as the European Commission's standard contractual clauses, or equivalent contracts issued by the relevant competent authority of the United Kingdom where relevant, unless the data is transferred to a country that has been found to offer an adequate level of protection.

Contact

If you have questions about our privacy practices or about this privacy policy, or if you wish to exercise any of the rights available to you, please call us or send us an email at info@shishasmaak.nl, or get in touch on +31614454014.

For the purposes of applicable data protection law, and unless expressly stated otherwise, we are the data controller of your personal data.

 

This is a courtesy translation of our Dutch privacy policy. In the event of any discrepancy, the Dutch version prevails.