Privacy & disclaimer

Privacy statement

The website www.spiromatic.com (hereafter: the “Website”) is an initiative of:

Spiromatic NV (hereafter: “Spiromatic”)

Karreweg 1

9810 Nazareth

Belgium

VAT BE 0428 9141 05

1. Why this Privacy Statement?

Every person (hereafter the “User”) who visits or uses the Website discloses a certain amount of personal data. The personal data is information which allows Spiromatic to identify you as a natural person, regardless of whether we actually do this. You are identifiable as soon as it is possible to create a direct or indirect link between one or more data and you as a natural person.

We only use and process your personal data in accordance with the GDPR and any replacement legislation, or any similar regulation under any applicable law, and any regulatory requirements or codes of practice governing the use, storage or transmission of personal data. Every reference in this Privacy Statement to the ‘GDPR’ is a reference to the Regulation of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (General Data Protection Regulation).

Through this Privacy Policy, every User of the Website is informed of the processing activities Spiromatic may carry out with his or her personal data. Spiromatic reserves the right to modify this Privacy Policy at all times. Every substantial change will be clearly communicated towards the User. We advise you to consult this document regularly.

2. Who is responsible for the processing of personal data?

2.1. Controller

Spiromatic is responsible for the processing and decides alone or in cooperation with others which personal data are being collected as well as the purposes and the technical and organisational means with regard to the processing of those personal data.

2.2. Processor(s)

Spiromatic is free to rely on data processors. A processor is the natural or legal person who processes your personal data upon request and on behalf of the data controller. The processor is required to ensure the security and confidentiality of the data. The processor shall always act on the instructions of the data controller.

3. On what legal grounds are my data processed?

In accordance with the GDPR we process personal data on the following legal grounds:

On the basis of the execution of the contract agreed upon with you or the execution of pre-contractual steps taken at your request; or
On the basis of compliance with legal or regulatory provisions with regard to the management of the contractual relationship, invoicing in particular;
On the basis of our legitimate interest in sending information and newsletters to our customers;
On the basis of your consent to send promotional offers (direct marketing).

4. Which personal data are being processed?

Spiromatic commits to only collect and process adequate, relevant and limited to what is necessary for the purposes for which they are processed. The following categories of personal data are processed by Spiromatic:

Personal identification data (name, first name, address, login details);
Contact details (telephone number and e-mail address);
Financial identification data (bank details);
Electronic identification data (IP address, location, cookies);
Personal data (gender, age, date and place of birth, nationality).
…

This data is collected at the time of your registration on the Website and when you use our services. Other personal data may be collected later, e.g. in the context of our after-sales. These data are necessary for the provision of Spiromatic's services. The amount of personal data collected depends on your use of the Website and the functionalities of the Website.

We also use cookies in order to recognise the User and to offer the User a personalised user experience, to remember technical choices (for example, language choices), and to detect and correct any errors which might be present on the Website.

For more information concerning the use of cookies, we kindly refer you to our Cookie Statement.

5. For which purposes are my personal data being used?

Spiromatic collects your personal data for the sole purpose of offering every User of our a safe, optimised and personal user experience of our Website and the offered services. The collection of personal data becomes more extensive as the User makes more intensive use of our Website and our online services. Spiromatic reserves the right to suspend or cancel certain operations if personal data is missing, incorrect or incomplete.

The processing of your personal data is essential for the proper functioning of the Website and the provision of associated services. Spiromatic commits to solely process your personal data for the following purposes:

Customer management: customer administration, order management, deliveries, invoicing, checking creditworthiness, support, complaint monitoring and sending newsletters.
Dispute management.
Protection against fraud and infringements.
Personalized marketing and advertising if you have expressly agreed to it. In that case, you are free to withdraw your consent at any time.

When visiting the website of Spiromatic, some data are being collected for statistical purposes. Such data is necessary to optimise your user experience. These data are: IP-address, probable location of consultation, hour and day of the consultation and the pages which are being consulted. When you visit the Website, you explicitly agree to this collection of data for statistical purposes.

The User provides the personal data to Spiromatic himself and can therefore exercise some kind of control. When certain data is incomplete or apparently incorrect, the User has the right to postpone some expected actions temporarily or permanently.

6. Who receives your personal data?

Your personal data are processed for internal use within Spiromatic only. Your personal data will not be sold, passed on or communicated to any third parties, except in case you have given us your explicit prior consent.

7. How long do we store your personal data?

Your data is stored as long as necessary to achieve the ends pursued. They will be erased from our database as soon as they are no longer necessary for the ends pursued or if you validly exercise your right to erasure.

8. What are my rights?

8.1 Guarantee of a legitimate and secure process of your personal data

Your personal data are always processed for the legitimate purposes explained in point 5. They are collected and processed in an appropriate, relevant and non-excessive manner, and are not kept longer than necessary to achieve the intended purposes.

8.2 Right to access

If you can prove your identity, you have the right to obtain information about the processing of your data. Thus, you have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.

8.3 Right to rectification of your personal data

Inaccurate or incomplete personal data may be corrected. It is primarily the responsibility of the User to make the necessary changes in his "user area" himself, but you can also request us in writing.

8.4 Right to erasure (or “right to be forgotten”)

You also have the right to obtain the erasure of your personal data under the following assumptions:

Your personal data are no longer necessary for the intended purposes;
You withdraw your consent to the processing and there is no other legal ground for processing;
You have validly exercised your right of opposition;
Your data has been illegally processed;
Your data must be deleted to comply with a legal obligation.

The deletion of data is mainly related to visibility; it is possible that the deleted data are still temporarily stored.

8.5 Right to limitation of processing

In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary in the context of legal proceedings or the time required to Spiromatic to verify that you can validly exercise your right to erasure.

8.6 Right to object

You have the right to object at any time to the processing of your personal data for direct marketing purposes. Spiromatic will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.

8.7 Right to data portability

You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. At your request, this data may be transferred to another provider unless it is technically impossible.

8.8 Right to withdraw your consent

You may withdraw your consent to the processing of your personal data at any time, for example for direct marketing purposes.

9. How to exercise my rights?

If you wish to exercise your rights, you must send a written request and proof of identity by registered mail to Spiromatic, “Karreweg 1, 9810 Nazareth” or by email to “info@spiromatic.com”. We will respond as soon as possible, and no later than one (1) month after receipt of the request.

10. Possibility to lodge a complaint

If you are not satisfied with the processing of your personal data by Spiromatic, you have the right to lodge a complaint with the competent Data Protection Authority (for Belgium: https://www.privacycommission.be/).

Feel free to contact us should you have any privacy-related questions. We promise to reply soon!

Cookie Statement

1. Cookies

A cookie is a small text file that is placed on the hard disk of your computer or mobile device when you visit a website. The cookie is placed on your device by the website itself ("first party cookies") or by partners of the website ("third party cookies"). The cookie identifies your device by a unique identification number when you return to the website and collects information about your browsing behaviour.

There are different types of cookies. We distinguish the following cookies according to their purposes: there are essential or strictly necessary cookies and non-essential cookies (functional, analytical and targeting cookies)

The Belgian Act concerning the Electronic Communication of 13 June 2005 contains some provisions about cookies and the use thereof on websites. The Belgian implementation is deduced of the European e-Privacy Directive, which implies that the cookie usage and the cookie legislation is regulated differently in every European country. Spiromatic is a Belgium-based company and therefore follows the Belgian and European legislation on cookies.

2. Goals and utilities of cookies

By using the website, the visitor may agree to the use of cookies. Cookies help Spiromatic to optimize your visit to the website and to provide you with an optimal user experience. However, you are free to delete or restrict cookies at any time by changing your browser settings (see "Management of cookies").

Disabling cookies can have an impact on the functioning of the website. Some of the site's features may be restricted or inaccessible. If you decide to disable cookies, we cannot guarantee you a smooth and optimal visit to our website.

3. Types of cookies used by Spiromatic

We distinguish the following types of cookies, according to their purposes:

Essential / Strictly necessary cookies:

These cookies are necessary for the website to function and cannot be disabled in our systems. They are usually only set up in response to your actions, such as setting up your privacy preferences, logging in or filling in forms. They are necessary for a good communication and they facilitate navigating (for example, returning to a previous page, etc.).

Non-essential cookies:

These cookies are not necessary for the website to function, but they do help us to offer an improved and personalized website.

Functional cookies:
These cookies enable the website to offer improved functionality and personalization. They can be set up by us or by external providers whose services we have added to our pages.
Analytical cookies:
With these cookies, we can track visits and traffic so that we can measure and improve the performance of our site. They help us to determine which pages are the most and the least popular and how visitors move through the site.
Targeting / advertising cookies:
These cookies can be set by our advertising partners via our site. They can be used by those companies to create a profile of your interests and show you relevant ads on other sites.

Carefully read our Privacy Policy for more information concerning the processing of personal data by Spiromatic.

4. Management of cookies

Make sure that cookies are enabled in your web browser. If you want to consult the website of Spiromatic, it is recommended you enable cookies. However, you are free to disable cookies in your browser settings if you wish to do so.

To enable or disable cookies, you must change your browser settings (via the "preferences" or "options" tab). The following links will give you more information on how to manage your cookies. You can also consult the "help" tab of your browser.

5. Rights of the visitors

Since cookies may constitute a processing of personal data, you as a data subject have the right to the lawful and secure processing of personal data. More information about the way in which we collect and process your personal data, as well as about your rights, can be found in our Privacy Statement.

6. Contact

Should you still have questions or comments about cookies after reading this Cookie Statement, you can always contact us.

Disclaimer

The use of our website always goes hand in hand with some rights and obligations. These are defined in our Terms of Sale, in our Privacy Policy, in our Cookie Statement and in the present Disclaimer (together, the “Terms and Conditions”).

The Terms and Conditions apply both to us, Spiromatic, as to you, the user. By using our website, you expressly acknowledge and accept the exclusive application of our Terms and Conditions and you expressly renounce your right to invoke your own terms and conditions.

We may deviate from these Terms and Conditions in some exceptional situations, but only to the extent that the deviations are accepted by each party and stated explicitly in writing. These deviations only replace or supplement the clauses to which they relate. They shall not affect the application of any other provisions of these Terms and Conditions.

1. Who we are

The website www.spiromatic.com (hereafter: the “Website”) is an initiative of:

Spiromatic NV (hereafter: “Spiromatic”)

Karreweg 1

9810 Nazareth

Belgium

VAT BE 0428 9141 05

Feel free to contact us should you have further questions or remarks. We promise to reply soon!

2. Our Website

2.1 Proper functioning, safety and accessibility

You can rest assured; we offer a user-friendly Website that is safe for every user. We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Website. Yet we cannot give you an absolute guarantee on this matter. We are bound by an obligation of means only.

Any use of the Website is entirely at your own risk. We are not liable for damages resulting from malfunctions, interruptions, defects, harmful elements or other problems on or within our website, regardless of the existence of force majeure or other extraneous events.

We have the right to restrict and/or interrupt fully or partially the access to our Website, at any time and without prior warning. We will only take such measures if this is justified by the circumstances, without this being in any way a condition to be covered.

2.2 Content on our Website

We largely determine which content is available on our Website. We apply great care in this respect and make every effort to provide high quality information. We therefore take all necessary steps to keep our Website as complete, accurate and current as possible, even when the information is provided by third parties. We are always permitted to change, add or delete the content on our Website.

Despite our considerable attention, we are not able to guarantee the quality of the information available on our Website. It is possible that the information is not correct, not sufficiently accurate and/or not useful. We are not liable for (direct and indirect) damages which the user may suffer as a result of the information on our Website.

We ask you to notify us as soon as possible if you notice the content on our Website violates applicable laws and/or third party rights or is simply not acceptable. We will then take all the appropriate measures, which can include the partial or total removal of the information.

Our Website contains content that can be downloaded. You understand and agree that every download from our Website is at your own risk and that damages resulting from loss of data or damage to the computer system are your entire and sole responsibility.

2.3 What we expect from you as a User

The user bears some responsibility for the way we offer our Website. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the Website or on its use. For example, the Website cannot be used to circumvent our business model and/or to gather information from other users.

It is therefore forbidden to distribute content via our Website that (may) damage(s) other users of the Website. We may think at the spread of malicious software, computer viruses, malware, worms, trojans and cancelbots. The proliferation of unsolicited and/or commercial messages via the Website, such as junk mail, spam and chain letters, is also targeted.

We reserve the right to take all necessary (judicial and extrajudicial) actions that may offer appropriate remedies to the affected parties. The user is solely responsible for all actions exerted on the Website that cause damages to the Website and/or to other users. If this occurs, the user has the obligation to keep Spiromatic harmless and indemnified from all claims that may arise.

3. Links to other websites

Our Website may contain or provide hyperlinks or pointed to other websites and/or electronic communication portals maintained by third parties or may provide third party content on our Website by framing or other methods. Such a reference being made on our Website does not mean that there is any connection between our Website and these third-party websites nor that we (implicitly) agree with the content of those sites.

We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to on our Website or of other electronic communications portals that are not under our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.

These external websites do not offer the same guarantees as we do. We therefor recommend you to carefully read the terms and conditions and privacy statement of these other websites.

4. Intellectual Property Rights

Creativity deserves protection; so does our Website and its content. Such protection is provided by intellectual property rights and is entitled to all parties, i.e. Spiromatic and third parties. Content means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. This content is protected by copyright, software rights, database rights, designs and models rights, and other applicable (intellectual property) rights. The technical nature of our Website is protected by copyright and by the rights on software and databases. Each trade name that we use on our Website is protected by trademark law.

Each user receives a limited right to access, use and display our Website and its content. This right is granted in a non-exclusive and non-transferable manner and can only be used within a personal, non-commercial context. We ask our users not to create nor to bring changes to the intellectual property rights as described in this article without the consent of the owner. Spiromatic attaches great importance to its intellectual property rights and has taken all possible measures to ensure its protection. We will take legal actions against any infringement of existing intellectual property rights.

5. Processing of personal data

The personal information you provide is necessary for a good service. Entering incorrect or false personal data is considered a violation of our Terms and Conditions. User’s personal data are exclusively processed in accordance with the applicable Privacy Policy which can be consulted via our Website.

6. General provisions

We reserve the right to change, limit or discontinue our Website and related services at any time and to any extent. We may do so without noticing the user. This does not give rise to any form of compensation.

These Terms and Conditions shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute arising under or relating to the services of Spiromatic shall come under the jurisdiction of the competent court of the judicial district.

If a provision of these Terms and Conditions is deemed invalid, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).

Feel free to contact us should you have any further questions. We promise to reply soon!