Appiness - SPOTT - Privacy Regulations

  1. Introduction
    1. This Privacy Policy defines the duties and responsibilities of Appiness NV, with registered office at 9300 Aalst, Hertshage 10 and registered with the Crossroads Bank for Enterprises under number 0543.611.457 (RPR Dendermonde) ("Appiness") with regard to your Personal Data that is sent via the mobile application SPOTT ("SPOTT") are collected by Appiness and Processed as Responsible for Processing.
    2. Protection of Personal Data is of great importance for Appiness. Appiness respects your privacy and ensures that your Personal Data are processed in accordance with the applicable legislation, in particular the law of 8 December 1992 for the protection of privacy with regard to the processing of personal data and the implementing order of 13 February 2001 (the "Privacy law").
    3. This Privacy Regulation describes what information is being collected and processed, the purposes of it’s use, with whom personal data may be shared and the choices you can make regarding the use of your personal data by Appiness. It also describes the measures that are taken to ensure the safety of your personal data and how you can contact Appiness to exercise your rights regarding access, improvement and resistance.
    4. By downloading, installing or using SPOTT, you confirm you have received, read and understood these Privacy Regulations and that you have accepted their content. More specifically, you agree that Appiness:
      1. collects your Personal Data and work in the manner and for the purposes set out in this Privacy Policy;
      2. to communicate your Personal Data to third parties with explicit consent or opt-in;
      3. may use third party analysis solutions in SPOTT and in the Website, in particular but not exclusively Google Analytics;
      4. can use proprietary software such as log files to register the activity of SPOTT;
      5. your Personal Data is encrypted and combined with the Personal Data of other SPOTT Users in order to compile statistics relating to the general use of SPOTT;
      6. may use direct and indirect cookies and other technologies on its Website.
    5. If you do not agree to any provision of this Privacy Policy, you must refrain from downloading and installing SPOTT, registering on spott.tv, using or opening SPOTT. You can at all times oppose the Processing of your Personal Data in accordance with these Privacy Regulations or revoke your consent by interrupting the installation of SPOTT or removing SPOTT from your mobile device.
  2. Definitions
    • General Terms and Conditions: the general terms and conditions governing the registration, use of and access to SPOTT, available in SPOTT Terms and Conditions and on the Website;
    • Appiness: Appiness NV, with its registered office at Hertshage 10, 9300 Aalst, Belgium and registered with the Crossroads Bank for Enterprises under number 0543.611.457 (RPR Dendermonde);
    • Services: the services offered free of charge by Appiness to the SPOTT User, as set out in article 3 of the General Terms and Conditions;
    • User Content: all content posted by SPOTT Users themselves in SPOTT, including their SPOTT profile, name and / or user name, profile picture, who they follow, by being followed, their wish list as well as any feedback they provide to Appiness;
    • Google: Google, Inc., with registered office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA;
    • Personal Data: any information relating to an identified or identifiable natural person;
    • Privacy Act: the law of 8 December 1992 for the protection of privacy with regard to the processing of personal data and the Royal Decree of 13 February 2001 implementing the law of 8 December 1992 for the protection of privacy with regard to the processing of personal data personal data;
    • Privacy Regulations: the current privacy policy;
    • SPOTT: the mobile application SPOTT (iOS and Android), the website spott.tv, the Spott interactive media player, interactive Spotts, designed and managed by Appiness;
    • SPOTT User or you: any person who has installed SPOTT on his/her mobile device;
    • Applications of Third Parties: the applications, linked websites and services of Third Parties which are integrated in SPOTT to make information, content, advertising, products and/or services available to the SPOTT User;
    • Responsible for the Processing: the natural person or the legal entity, the de facto association or the public administration that alone or together with others determines the purpose and the means for the Processing of Personal Data;
    • Processes, Processed or Processing: any operation or any set of operations relating to Personal Data, whether or not carried out using computerized data processes such as collecting, recording, organizing, storing, updating, modifying, retrieving, consulting, using, providing by means of transmission, dissemination or otherwise making available, bringing together, interrelating, and shielding, erasing or destroy Personal Data;
    • Processor: the natural person, the legal person, the de facto association or the public administration that processes for the Processing of Personal Data, to the exclusion of the persons who are authorized to process data under the direct authority of the Controller for the Processing;
  3. The collected Personal Data
    1. When you register and use Spott, you will provide certain Personal Data to Appiness, such as your name, address, date of birth, gender and prompted preferences for certain brands, products, services or promotional activities. When you choose to register with SPOTT via the login data of certain social networks, such as Facebook, you explicitly give Appiness permission to collect these authentication data.
    2. You agree to transfer Appiness only correct, current and complete Personal Data. You further agree to update your Personal Data in order to keep it accurate, up-to-date and complete. Appiness reserves the right to terminate your right of use of SPOTT if the Personal Data you provide is incorrect, inaccurate or incomplete.
    3. In addition, certain Personal Data may be automatically collected, such as:
      1. technical data concerning your mobile device in particular a footprint of the mobile device, the number of the mobile device, mobile applications on the mobile device, the name of the mobile device, the e-mail address installed on the mobile device, the identifier , the OS version, the name of the telecom operator, etc.;
      2. information about your interactions with SPOTT, with other SPOTT Users and with Applications of Third Parties;
      3. User Content that you post in SPOTT.
  4. The Purposes of the Processing of the Collected Personal Data
  5. Appiness collects and Processes the aforementioned Personal Data, as Controller of the Processing, for the following purposes:

      1. to make SPOTT and the Services available to you, including the downloading, installing, registration, using and access to SPOTT;
      2. to operationally manage SPOTT, including offering products and services via SPOTT;
      3. to deal with questions and complaints regarding SPOTT and to communicate with you for purposes related to SPOTT;
      4. to block access to SPOTT, or suspend or interrupt the Services of SPOTT for security purposes;
      5. to make further updates of SPOTT available;
      6. to analyse and report on the use of SPOTT and Applications of Third Parties;
      7. to allow you to participate in competitions via SPOTT;
      8. to validate and send your orders for certain services or products via Applications of Third Parties;
      9. to make the interaction with television content possible;
      10. to personalise and improve your experience of SPOTT and the Services, as well as with Applications of Third Parties;
      11. direct marketing and market research.
  6. Sharing the Collected Personal Data and Information
    1. The User Content that you post in SPOTT, is shared by you with Appiness, other SPOTT Users and/or Applications of Third Parties and will always be publicly available. Any wish list that you keep in SPOTT, containing a list of products or services that interest you, will be made public only if you expressly choose this in the settings of SPOTT.
    2. Unless otherwise stated, in these Privacy Regulations, Appiness will not disclose or transfer the collected Personal Data to third parties unless you give your prior express consent.
    3. Appiness may share the collected Personal Data with third party service providers in order to perform tasks, to Process Personal Data and to help provide the Services, in accordance with these Privacy Regulations. When a third party service provider Processes Personal Data in its own name (where the third party service provider acts as Controller of the Processing), the Processing is subject to the privacy regulations of such third party service provider and the applicable law.
    4. Appiness may transmit the collected Personal Data to third party service providers who act as Processors in the name of and on behalf of Appiness (where Appiness acts as Controller of the Processing). Appiness requires that such Processors only Process your Personal Data if they are instructed to do so by Appiness and requires that they protect the safety and confidentiality of Personal Data, in accordance with these Privacy Regulations and the Privacy Act.
    5. Appiness reserves the right to disclose your Personal Data (i) in response to requests for information from public authorities or regulators, or where otherwise required by law; (ii) to enable a merger, acquisition or sale of part or all of its assets; and (iii) to issue anonymous or aggregated information about the use of SPOTT.
    6. For the above purposes, Appiness may transfer your Personal Data to countries other than the country in which it was originally collected. Your Personal Data, however, will only be transferred within the European Economic Area or to countries approved by the European Commission as countries that can demonstrate they have a sufficient level of Personal Data protection. When Appiness transfers your Personal Data to other countries, it will protect this information as described in these Privacy Regulations.
  7. Safety of Personal Data
    1. The safety of Personal Data is important to Appiness. As Controller of the Processing, Appiness implements appropriate technical and organisational safety measures to protect the safety and confidentiality of your Personal Data. Appiness also ensures that any other third party service providers that it engages implements appropriate and organisational safety measures to protect the safety and confidentiality of your Personal Data.
    2. Appiness has taken internal and organisational measures to prevent Personal Data being made accessible to and Processed by unauthorised persons and maintains physical, electronic and procedural safeguards to secure Personal Data.
    3. Appiness applies, if it considers this necessary, security measures that are consistent with industry standards to protect Personal Data, such as identification and password requirements.
    4. Appiness strives to protect privacy and confidentiality of Personal Data by means of suitable safety measures, but Appiness cannot always guarantee the complete safety of the Processing of Personal Data, for instance where the Processing of Personal Data takes place via the internet or other electronic communication platforms.
    5. Your password protects your user account You are required to use a unique and strong password, restrict access to your mobile device and log off after using SPOTT.
  8. Applications of Third Parties
    1. SPOTT integrates applications, linked websites and services of third parties to make information, content, advertising, products and/or services available to you (“Applications of Third Parties”).
    2. Appiness does not exercise any form of control over the Applications of Third Parties and is not responsible for the privacy practices or the content of such Applications of Third Parties.
    3. The consultation of, or use by, the SPOTT User of Applications of Third Parties may possibly be governed by separate general terms and conditions, separate privacy regulations and other agreements with third parties. Appiness advises you to read these documents carefully in order to understand how these parties collect and Process Personal Data. The only action you may take towards Appiness in respect of whatever problem or dissatisfaction with Applications of Third Parties or their content is to uninstall SPOTT from your mobile device or to cease the use of such Applications of Third Parties.
  9. Analysis and Statistics
    1. Appiness may decide to integrate analytics tools into SPOTT and the Website which - subject to your prior consent where required by law - third parties providing analyses (such as Google Analytics) will be allowed to collect information on the use of SPOTT, your mobile device and the Website with a view to providing aggregated reports to Appiness to gain insight into the use of SPOTT and the Website and how they can be improved.
    2. Appiness may make use of analytics solutions of third parties on the Website, particularly but not exclusively Google Analytics; Google Analytics is a web analytics service provided by Google. Google Analytics uses anonymous trackers (a random set of data used for the same purposes as cookies on platforms) to track and analyse the use of the Website. The information generated by the Website (including language, regional information [country, region, city], device and network information [make, model, service provider, system]) is transmitted to and stored by Google on servers in the United States of America. Google will use this information to measure your interaction with the Website, to analyse the use of the Website and to compile reports on the Website activities. Google may also transfer this information to third parties where required by law or if third parties Process the information on behalf of Google. Appiness will use anonymous and aggregate reports from Google for the sole purpose of evaluating the use of the Website and to improve the Website and SPOTT.
    3. Appiness will only use the information generated by the cookies for functional purposes, except for promotional purposes. Permanent cookie / Technically required cookies The Website uses cookies that are necessary for the transmission of communication on the Website or that are necessary to provide or register a service as specifically requested by you. Permanent cookie / Session cookie
    4. Appiness may make use of log files in order to record the activity of SPOTT; This information is collected and processed solely for statistical purposes and in order to continue to improve SPOTT.
    5. Appiness may also encode your data and combine it with the data from other SPOTT Users to compile statistics relating to the general use of SPOTT, which enables it to develop new products and services. The combining of these data always takes place on an encoded and completely anonymous basis. Appiness may also share this aggregated data with its business partners, advertisers and other third parties.
  10. Cookies
    1. A cookie is a small file with information that can be stored on your computer when you visit the Website. The cookie will enable Appiness to recognize your device the next time you visit the Website.
    2. When visiting the Website your computer will automatically receive cookies, with your prior consent if required by law, which will be transferred from the Website to your web browser. Once you have accepted the use of cookies on the Website, your preferences with respect to the use of cookies are stored in the form of a cookie for your future visits to the Website as long as you do not delete the cookies from your computer.
    3. The Website uses session cookies, which are automatically deleted after you close your web browser, and permanent cookies, which remain on your device for a certain period of time or until you delete them
    4. The Website uses cookies to remember your preferences regarding the use of cookies on the Website, in particular whether or not you have been informed about the use of cookies on the Website and has permitted the use of such cookies by clicking on "Continue" or any other link on the relevant web page
    5. If you wish to withdraw your consent for the use of cookies, where such consent is required, or if you wish to remove or check the cookies placed on your computer, you can usually set your web browser to block or delete certain cookies. Please note that if you choose to block or delete cookies, this may have an impact on your user experience of the Website and it is possible that some parts of it will not work properly.
    6. For more information about the use of cookies and how to block them, please visit www.allaboutcookies.org or www.youronlinechoices.eu. You can always contact the Appiness helpdesk if you have questions or comments about the use of cookies.
  11. Changes to this Privacy Policy and new purposes
    1. This Privacy Policy may be amended from time to time to reflect changes in Appiness' practices with respect to the Processing of Personal Data. Appiness will report any significant change to the Privacy Policy by posting a prominent notice in SPOTT and will indicate the date at the top of the Privacy Policy when it was last modified. You will be bound by the changes to the Privacy Policy when using SPOTT as soon as such changes have been reported in the manner described in this section.
    2. Appiness may use your Personal Data for purposes not initially described in this Privacy Policy, but Appiness will inform you of such new purposes in accordance with Article 10.1 above and, if required by law, it will allow you to grant your consent for such new purposes
  12. Your Rights
  13. You are entitled to access the Personal Data collected about you and Processed by Appiness as Controller of the Processing, and you are entitled to improve incorrect data, and to oppose the Processing of your Personal Data for promotional purposes at any time and free of charge. You can exercise your rights by following the procedures described in articles 12 and 13 below. You should thereby enclose proof of your identity and a clear and precise description of the Personal Data to which you are requesting access.

  14. Opt-out
  15. You may choose to no longer receive promotional materials from Appiness by e-mail, SMS, MMS or any other means of communication, at any time and free of charge, by following the instructions that had been included therein or by contacting Appiness in the manner described under article 18 below.

  16. Applicable Law and Competent Courts
    1. These Privacy Regulations are governed by, and interpreted in accordance with, Belgian law.
    2. Any disputes relating to, or arising from, these Privacy Regulations fall under the exclusive jurisdiction of the Belgian courts of assizes and courts.
  17. Complete Agreement
  18. These Privacy Regulations, together with the documents to which they refer and in particular the General Terms and Conditions, form the complete binding agreement between the SPOTT User and Appiness in relation to the use of SPOTT and the Services.

  19. Divisibility
  20. In the event any provision in these Privacy Regulations were to be invalid, unlawful or unenforceable, all parties shall be liberated from their rights and obligations under such provision to the extent that such provision is invalid, unlawful or unenforceable and on condition that such provision shall be amended insofar as required to make the provision valid, lawful and enforceable, provided with the retention of the intention of the parties. All other provisions of these Privacy Regulations shall be deemed to be valid and enforceable unless otherwise agreed.

  21. Transfer
  22. The SPOTT User may not transfer his rights and obligations under these Privacy Regulations to a third party.

  23. No Waiver
  24. No abstention and no mere failure of Appiness to carry out or enforce its rights under these Privacy Regulations shall be deemed to be a waiver of such, unless acknowledged and confirmed in writing by Appiness.

  25. Helpdesk
  26. For questions, comments or complaints regarding these Privacy Regulations, or if you wish to exercise your right to access, correction and objection to the Processing of your Personal Data for promotional purposes, you may contact the Appiness helpdesk: