PRIVACY
STATEMENT
POWERGOODIES
1.
INTRODUCTION AND SCOPE
This is the Privacy
Statement of PowerGoodies B.V. (PowerGoodies).
This Privacy Statement
applies to all persons who have contact with PowerGoodies except its employees.
More specifically, this means that this Privacy Statement applies to:
·
customers, visitors, applicants, clients,
contractors (including freelancers and suppliers as far as natural persons) and
other PowerGoodies relationships;
·
visitors to the PowerGoodies websites, or a
domain name associated with this domain name;
·
PowerGoodies’ iOS or Android Apps users.
All of these persons
together are hereinafter referred to as “you” and “your”. The words “we” and
“us” refer to PowerGoodies. A number of terms have been explained in chapter 1.
These terms are capitalized in the Privacy Statement.
We find it very important
that your Personal Data is handled with care. Of course, we comply with all
legal rules, including the General Data Protection Regulation (AVG), and protect your Personal Data
carefully and adequately.
Please read this Privacy
Statement carefully. For readability, we have divided the Privacy Statement
into chapters. You will find the table of contents below.
This Privacy Statement was
last amended on and is effective as of February 1, 2023.
|
Person concerned: |
the person to whom the
Personal Data that is being processed relates. In other words, the person
whose personal information is being processed. |
|
Special Personal Data: |
Special Personal Data is
information about someone’s religion or beliefs, race, political opinion,
health, sexual life and trade union membership. |
|
Third parties: |
(legal) persons who are
not a Data Subject or part of PowerGoodies, such as: (legal) persons with
whom PowerGoodies shares Personal Data on the basis of an agreement. These
Third Parties may be processors or co-controllers. |
|
Personal data: |
all information relating
to an identified or identifiable person. In other words: any information that
identifies or can be used to identify the Data Subject. |
|
Processing: |
everything that can be done
with Personal Data, such as collecting, recording, storing, modifying,
retrieving, using, distributing and destroying. |
|
Data controller: |
the person who processes
data from Data Subjects for a specific purpose. In this Privacy Statement,
this is PowerGoodies. |
2.
WE CAN PROCESS THIS PERSONAL DATA ABOUT YOU
Below, we explain what
Personal Data PowerGoodies can process about you.
Information provided by
you, such as:
·
your contact details (name, address, place of
residence, email address, telephone number);
·
your gender details and date of birth;
·
data after a phone conversation with you;
·
information from an email from you;
·
payment details;
·
license plate number of your vehicle;
·
information from your resume/employment history
data.
Information that we have
received via our apps, websites, newsletters and emails:
·
information about which device you used to visit
our app and website;
·
your surfing behavior via the app and website,
such as:
o what
data/web pages you have viewed about us;
o how
you navigate through the website;
o whether
you open a newsletter or email and which parts of it you click on;
o the
dates and times of your visit to our website and/or use of our apps;
·
how (locations, times, duration, quantity) you
charge your vehicle electrically;
·
the operating system that you use;
·
your browser type and IP address;
·
your internet service provider;
·
the internet address of the linked website;
·
geolocation;
·
the data that you have downloaded from the
website.
Information that we
have received from other sources, such as by:
·
information that is available from public
sources and has apparently been made public by you, such as on social media and
business websites;
·
data provided to us by our customers, including
charging station operators (CPOs), charging station manufacturers and electric
vehicle manufacturers;
·
information from the Chamber of Commerce’s Trade
Register and the Land Registry.
3.
WHY DO WE PROCESS YOUR PERSONAL DATA?
We use your Personal Data
for the following purposes:
·
to verify your identity;
·
to improve (the safety of) our services,
including by carrying out checks;
·
to inform you about PowerGoodies’ news,
developments, services and products;
·
to be able to evaluate, research and develop our
services;
·
to contact you for newsletters, if you have
signed up for them;
·
for internal quality purposes;
·
to administer, secure, modify and improve our
websites;
·
for marketing/commercial purposes;
·
for recruitment and selection;
·
to comply with a legal obligation that is
incumbent on PowerGoodies;
·
to be able to contact you and respond to the
questions you ask;
·
to process your request for information and to
deal with complaints;
·
to prevent theft, abuse, destruction or other
criminal behavior;
·
for educational purposes;
·
to be able to carry out satisfaction surveys.
4.
ON THESE GROUNDS, WE PROCESS PERSONAL DATA
In order to use Personal
Data, we need a basis from the GDPR.
We use the following
grounds:
·
you have given PowerGoodies explicit permission;
·
the use is necessary to perform or enter into an
agreement with you;
·
the use is necessary to comply with a legal
obligation;
·
in emergency situations: use is necessary to
protect your or someone else’s vital interests;
·
we have a legitimate interest in using it,
unless your or a Third Party’s interest in privacy outweighs.
PowerGoodies can rely on
the following legitimate interests:
·
protecting your safety;
·
protecting the safety of customers and/or
others, PowerGoodies’ buildings and property;
·
for quality and training purposes;
·
promoting IT management and improving security;
·
analysing and improving the services and content
of our websites;
·
providing, improving, adapting, supporting,
researching and analyzing our services;
·
promoting the quality and safety of our
services;
·
communicate with you and other PowerGoodies
relationships;
·
preventing and preventing fraud, unauthorized
use, and violations of our terms and policies, or other harmful or illegal
activities.
5.
SHARING PERSONAL DATA WITH THIRD PARTIES
We only share your
Personal Data with Third Parties if this is necessary because Third Parties
carry out work on behalf of PowerGoodies and only for the purposes described in
this Privacy Statement. If a Third Party is engaged, PowerGoodies ensures that
this Third Party maintains the same level of security and confidentiality as
that maintained by us.
PowerGoodies remains
responsible for processing your Personal Data. PowerGoodies enters into
agreements with Third Parties to ensure that your Personal Data is properly
secured.
Through a merger,
acquisition or sale of (part of) its organization, PowerGoodies may share your
Personal Data with a Third Party, such as with a potential buyer or seller. Of
course, we will inform you about this by e-mail and/or a clearly visible notice
on our website and inform you about your rights in this situation.
6.
SHARING PERSONAL DATA OUTSIDE THE EUROPEAN
ECONOMIC AREA
It may sometimes be
necessary to transfer your Personal Data to Third Parties located outside the
European Economic Area (“EEA”). In accordance with the GDPR, PowerGoodies will
only transfer your Personal Data to countries outside the EEA:
1.
if the European Commission has decided that the
third country ensures an appropriate level of protection; or
2.
if appropriate safeguards are provided and you
have enforceable rights and remedies; or
3.
the transfer is necessary for the execution of
your agreement with PowerGoodies; or
4.
if you have expressly consented to the transfer
after being informed of the risks associated with the transfer; or
5.
if the transfer is necessary for important
reasons of public interest; or
6.
if the transfer is occasional and necessary for
the compelling interests of PowerGoodies and PowerGoodies has taken appropriate
safeguards and has informed the Data Protection Authority about this.
In situations where
PowerGoodies transfers your Personal Data outside the EEA, we take measures to
ensure that your Personal Data remains properly protected.
PowerGoodies takes the
protection and security of your Personal Data very seriously and takes ongoing
measures to optimally protect your Personal Data against unlawful use. Among
other things, we have taken the following measures:
·
only persons who are authorized to do so have
access to Personal Data, with as few people as possible having access to the
Personal Data;
·
all employees of PowerGoodies have signed a
confidentiality obligation, under which they undertake to maintain complete
confidentiality about all information (including Personal Data);
·
electronic transmission of Personal Data always
takes place via a secure connection;
·
the website is secured via https;
·
we ensure that your Personal Data is only shared
with Third Parties if we have agreed appropriate security measures with these
Third Parties.
In addition, PowerGoodies
ensures that all its user settings, programs and services are set up from the
start of development in such a way that your privacy protection is maximum.
With regard to the provision of information and services, PowerGoodies uses the
“opt-in arrangement” by default: information is only provided or services are
provided if you have explicitly given permission to do so. This can be done,
for example, by ticking a cross on the website.
If your Personal Data is
processed, you have a number of rights, which are set out below. You can
exercise these rights by submitting your request in writing to PowerGoodies or
by sending an email to: info@powergoodies.com. PowerGoodies verifies your identity before fulfilling your
request.
PowerGoodies will respond
to your request as soon as possible, but no later than one month. In principle,
your requests will be dealt with electronically, unless this is not possible or
you request otherwise. PowerGoodies will not charge you for processing your
aforementioned requests, unless your requests are excessive.
1.
Access to Personal Data
At any time, you
can request us to indicate which (categories of) Personal Data PowerGoodies
processes about you, for what purposes this happens, what source the Personal
Data comes from and what retention periods are used.
2.
Change Personal Data
You can contact us
at any time to complete or correct your Personal Data. In the unlikely event
that PowerGoodies has processed and/or provided incorrect Personal Data about
you to Third Parties, PowerGoodies will immediately improve this. If
PowerGoodies has changed your Personal Data, PowerGoodies will inform you.
3.
Restrict Processing of Your Personal Data
If you do not agree
with the content of the Personal Data that PowerGoodies holds about you, you
may in some cases request that the processing of your Personal Data be
temporarily restricted.
4.
Withdrawal of consent
You can also give
your consent to process your Personal Data. After receiving your letter or
email, PowerGoodies will immediately stop processing your Personal Data for
which you had given permission. However, withdrawing your consent does not
affect the processing that has already taken place.
5.
Right to Transfer Personal Data (Right to Data
Portability)
You can request the
Personal Data that PowerGoodies holds about you in a structured, commonly used
and machine-readable form. After receiving the Personal Data, you are free to
transfer this information.
6.
Right to be forgotten
If you no longer
wish to use PowerGoodies’ services, you can request the deletion of all your
Personal Data.
7.
Right to object
You
have the right to object to the processing of your Personal Data based by
PowerGoodies on the principles of “legitimate interest of PowerGoodies or a
third party” and “performance of a task in the public interest”. If
PowerGoodies is based on these principles, PowerGoodies will weigh interests
with regard to your privacy. The right to object gives you the opportunity to
require PowerGoodies to reconsider the balance of interests.
8.
Right to file a complaint/start legal
proceedings
We are
committed to working with you to find a fair solution if you have a complaint
or problem with our use of your Personal Data. However, if you believe that we
have not been able to help you with your complaint or problem, you also have
the option to file a complaint with the Data
Protection Authority or initiate legal proceedings. The
contact details of the Data Protection Authority can be found by clicking here.
9.
The right to request not to be subject to a
decision based solely on automated processing
10.
COOKIES AND SIMILAR TECHNIQUES
PowerGoodies uses cookies
and similar techniques on its website. Cookies are small pieces of information
that are stored on your computer. We use cookies to make our services work and
provide them. This enables PowerGoodies to see how its visitors use the
website. This allows PowerGoodies to adapt its website to user preferences. The
next time you visit the PowerGoodies website, these small pieces will be
recognized.
11.
CONTACT DETAILS/QUESTIONS/COMPLAINTS/COMMENTS
If you have any
questions, comments or complaints about the processing and/or protection of
your Personal Data by PowerGoodies, you can of course contact us. The contact
details are:
PowerGoodies BV
attn. Privacy Policies
department
Binnenhof 62C
1412 LC Naarden
We trust you to ensure
that your Personal Data is complete, accurate, and up to date. Please inform us
immediately of any changes or inaccuracies in your Personal Data.
12.
CHANGES AND APPLICABLE LAW
Our Privacy Statement may
need to be updated. The latest version is always available on our website. We
will notify you of any changes to the Privacy Statement by email and/or a
clearly visible notice on our website.
None of the provisions of
this Privacy Statement is intended to create an obligation or agreement between
PowerGoodies and you. The provisions of this Privacy Statement and all
resulting disputes are governed by Dutch law.
PowerGoodies never stores
Personal Data longer than necessary for the purpose of processing. PowerGoodies
keeps your Personal Data for as long as we deem necessary to provide services,
enable you to use the website, comply with applicable laws, resolve disputes
with parties, and otherwise as necessary to enable us to conduct our business.
PowerGoodies stores your
Personal Data at least for the period that you have an agreement with
PowerGoodies. Some Personal Data are subject to legal retention periods.
PowerGoodies fully complies with these legal retention periods.