Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words with capitalized initial letters have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of this Privacy Policy:

• Account: A unique account created for You to access our Service or parts of our Service.
• Affiliate: An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Application: ZwemcoCloud, the software program provided by the Company.
• Company: (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ADBV-POOLS BV, Atealaan 37F, 2270 Herenthout, Belgium with VAT registration number BE 0896.034.926.
• Country: Refers to Belgium.
• Device: Any device that can access the Service, such as a computer, cellphone, or digital tablet.
• Personal Data: Any information relating to an identified or identifiable individual.
• Service: Refers to the Application.
• Service Provider: Any natural or legal person who processes the data on behalf of the Company, including third-party companies or individuals employed by the Company to facilitate the Service, perform services, or assist with analyzing how the Service is used.
• Usage Data: Data collected automatically, generated by the use of the Service or from the Service infrastructure itself.
• You: The individual accessing or using the Service or the company/legal entity on whose behalf the Service is accessed or used, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically and may include:

• Your Device’s Internet Protocol (IP) address
• Browser type and version
• Pages You visit, time and date of visits, time spent on pages
• Unique device identifiers and diagnostic data

When You access the Service via a mobile device, We may collect additional data, such as:

• Mobile device type and unique ID
• Mobile operating system
• Type of mobile Internet browser
• IP address of the mobile device

We use cookies and similar technologies to improve your experience. Please refer to our Cookie Policy for more details.

Information Collected via the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

• Photos and other data from your Device’s camera.

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We process your data under the following legal bases:

• Consent (e.g., marketing communications).
• Performance of a contract (e.g., providing the Service you signed up for).
• Legitimate interests (e.g., enhancing security and user experience).
• Compliance with legal obligations (e.g., tax or regulatory requirements).

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Usage Data is retained for 12 months unless used for security purposes or required by law. Personal Data is retained until your account is deactivated or deleted unless retention is required for legal or contractual purposes.

Data Sharing

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

All data from the Application is processed in the datacenters of Hetzner, specifically in Nuremberg and Falkenstein (Germany) or Helsinki (Finland). You can find more information about their security and data protection on this page.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Communication between the Application and the cloud is done exclusively over secure protocols (HTTPS, WSS, …) with SSL/TLS encryption. All sensitive information is encrypted before being stored. Encryption is done as the AES-256 standard.

The Company ensures that international data transfers comply with GDPR requirements by employing appropriate safeguards, such as Standard Contractual Clauses, or transferring to countries with an adequacy decision from the European Commission.

Your Rights Under GDPR

As an EU resident, You have the right to:

• Access your data and receive a copy.
• Rectify inaccurate or incomplete data.
• Erase your data ("right to be forgotten").
• Restrict or object to processing.
• Data portability, receiving your data in a machine-readable format.
• Withdraw consent, where processing is based on consent.

You can exercise these rights by contacting us at [email protected].

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Data Breach Notification

In the unlikely event of a data breach affecting Your Personal Data, We will notify You and relevant authorities within 72 hours, as required by law.

In the event of a data breach, we will notify affected users via email or through the Application as soon as reasonably possible.

Children’s Privacy

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Changes to this Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have questions, please contact us:

• Email: [email protected]
• Postal Address: Atealaan 37F, 2270 Herenthout, Belgium

Last updated: November 27, 2024