WaterBear Network B.V.
Date: 24 November 2020
1) Who we are
Via-mail: firstname.lastname@example.org, or
By post: to WaterBear Network B.V., 105-107 Herengracht, Amsterdam, 1015 BE, The Netherlands.
2) How we use and collect your personal data
Personal data refers to any information relating to an identified or identifiable natural person. The term "identifiable" refers to identifiers (such as name, identification number, location data, etc.), that can be used to directly or indirectly identify a natural person.
If you are residing in South Africa, local privacy law prescribes that personal data also includes information relating to juristic persons.
The personal data we collect is collected, held, used and disclosed for the following purposes
a) In the event that you create a profile on the WaterBear Platform and become a registered member of WaterBear, or if you provide us with transaction data, your personal data is collected in order to: (i) record and save such data; (ii) make a payment related to the purchase of goods and/or services;(iii) provide you with our services; (iv) permit us to send you your orders; or (v) contact you.
b) In the event that you register for our newsletter, your e-mail address will be used in order to send you our newsletters, which may include invites to events, seminars, etc. organized by us.
In the event that you use the contact form on our Websites, or contact us via email@example.com, we will use your personal data in order to reply to your query, via e-mail or by means of telephone.
We process your personal data for the purpose of supporting the Websites and enhancing your user experience, which includes ensuring the security, availability, performance and capacity of the WaterBear Platform.
e) We process your personal data to enforce or exercise any rights that are available to us based on applicable laws, such as the establishment, exercise or defense of legal claims.
f) We may also use your personal data to fulfil our obligations as set out under applicable laws.
The following categories of personal data are collected and held by us in the manner set out below:
a) Contact data: in the event that you make use of the contact form on the WaterBear Platform, you will be asked to provide the following information: name, address, e-mail address, phone number and any personal data that you choose to put in the designated blank field. Please do not provide us with any sensitive information, such as health information, information pertaining to criminal convictions or credit card/account numbers. Contact data is provided directly from you to us.
b) Profile data: If you create a WaterBear member account on the WaterBear Platform, we collect the following personal data, namely: name, telephone number, e-mail and address. Profile data is provided directly by you to us.
c) Newsletter: If you register for our newsletter, you will be asked to provide your e-mail address. This information is provided directly from you to us.
e) Transaction data: We collect personal data relating to your engagement with and the transactions that you make through the WaterBear Platform, including your contact data, payment information and the goods and/or services purchased by you. Transaction data is provided directly from you to us.
f) Payment Method: When you add your payment data to your account profile, Stripe, Inc. ("Stripe"), our payment solutions provider, will securely store your payment information within its secured environment. WaterBear will not have access to your credit card details or any other payment method data. Payment method data is provided directly by you to Stripe. For more information on how Stripe manages your personal and credit card details, please visit https://support.stripe.com/questions/privacy-and-security-of-personal-information-submitted-to-stripe.
In the event that the legal basis for the processing of your personal data is consent, you will at all times have the right to withdraw your consent. This will, however, not affect the lawfulness of any processing done prior to the withdrawal of consent. You can withdraw your consent by sending us an email at firstname.lastname@example.org.
If you do not provide necessary personal information, we may be unable to provide you with relevant services or all features that you wish to subscribe for.
Please note that your personal data will solely be used and processed for the purposes as set out in this article 2).
3) Retention of your data and deletion
Your personal data will be kept for the duration of your membership with WaterBear. In the event that you withdraw your consent, or you object to our use of your personal data and such objection is successful, we will remove your personal data from our databases. Please note that we will retain the personal data which is necessary to ensure your preferences are respected in the future. The foregoing will, however, not prevent us from retaining any personal data if this is necessary for the following: (i) to comply with our legal obligations; (ii) to file a legal claim or defend ourselves against a legal claim; or (iii) for evidential purposes.
WaterBear follows reasonable and responsible data processing practices and has adequate technical and organisational security measures in place to ensure that the personal information of users is protected. As prescribed by applicable laws, for any accidental/unintended collection of personal information from users under the age of 18, legal guardians or parents may contact WaterBear to delete the personal information collected from such users, as applicable in the territory where the user resides.
4) Your rights
If you reside in New Zealand, information privacy requests (e.g. requests for access to and correction of personal information) will be responded to as soon as reasonably practical, and in any case, not later than 20 working days after the day on which the request is received by WaterBear.
The rights that you are entitled to exercise are the following:
(a) The right to access
You have the right to confirmation as to whether or not we process your personal data and, in the event that we do so, you have the right to access such personal data.
You also have the right to receive from us a copy of your personal data we have in our possession, provided that this does not adversely affect the rights and freedoms of others. The first copy will be provided free of charge, but we reserve the right to charge a reasonable fee if you request further copies.
If you reside in Canada, WaterBear may respond to your request at a cost where:
(a) we have informed you of the approximate cost of responding to the request; and
(b) after providing you with information on the costs, you have advised us that you still want to go ahead with the access request. WaterBear does not use fees to discourage requests and will only charge fees for processing a request when the request is exceptional and then only at minimal cost.
If you reside in Australia, access shall be given in the manner requested by you, on the basis that it is reasonable and practicable to do so.
(b) The right to rectification
If the personal data we hold about you is inaccurate or incomplete, you have the right to have this information rectified or, taking into account the purpose of the processing, for it to be completed.
In you reside in Australia, the right of correction applies if the personal information is inaccurate, out-of-date, incomplete, irrelevant or misleading. In such instances, you may request the information to be corrected.
Individuals that reside in New Zealand also have the right to request that information that is held of him/her be corrected. This includes the right to provide WaterBear with a statement of correction (indicating which information is incorrect or inaccurate), which statement will be attached to the personal information that is held/stored of such individual.
(c) The right to erasure (right to be forgotten)
In some circumstances, you have the right to request the erasure of the personal data kept by us without undue delay. Those circumstances include the following grounds:
i) The personal data is no longer required in relation to the purposes for which it was collected or otherwise processed;
ii) You withdraw your consent and no other lawful ground exists to process the personal data;
iii) The processing is required for direct marketing purposes;
iv) The personal data has been unlawfully processed; or,
v) Erasure of personal data is necessary for compliance with EU, US, Canadian, and South African privacy laws.
Please note that there are certain exclusions to the right to erasure. Those exclusions include where processing is necessary for:
(1) exercising the right to freedom of expression and information;
(2) complying with a legal obligation; or,
(3) establishing, exercising or defending legal claims.
If you reside in Australia or New Zealand, there is no right of erasure or right to be forgotten available to you as data subject.
Furthermore, In terms of WaterBear's data processing practices in Australia, WaterBear will take reasonable steps to destroy or de-identify personal information that it no longer needs to retain for any permissible purpose under Australian Privacy Principles (APPs).
(d) The right to restrict processing
You have the right to restrict the processing of your personal data (meaning that the personal data may only be stored by us and may only be used for limited purposes), if:
i) You contest the accuracy of the personal data (and only for as long as it takes to verify the accuracy of the personal data);
ii) The processing is unlawful and you request a restriction (as opposed to exercising the right to erasure);
iii) We no longer require the personal data for the purposes of processing (as set out in article 2) above), but you require personal data for the establishment, exercise or defense of legal claims; or,
iv) You have objected to the processing of your personal data, pending the verification of such an objection.
In addition to our right to store your personal data, we may still otherwise process your personal data on any of the following grounds, namely:
(1) it is with your consent;
(2) for the establishment, exercise or defense of legal claims;
(3) for the protection of the rights of another natural or legal person; or,
(4) for reasons of important public interest.
We will inform you before we lift the restriction of processing your personal data.
If you reside in Australia or New Zealand, there is no equivalent right for you to "restrict processing".
(e) The right to data portability
To the extent that the legal basis for our processing of your personal data is consent and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others. You also have the right to have your personal data transferred directly to another company, if this is technically possible, and/or to store your personal data for further personal use on a private device.
If you are based in South Africa, Canada, New Zealand or Australia, the right to data portability will not be afforded to you as per local privacy laws.
(f) The right to object to processing
You have the right to object to the processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for processing the personal data is that such processing activity is necessary for:
i) The performance of a task carried out in the public interest or in the exercise of any official authority vested in us.
ii) The purposes of the legitimate interests pursued by us or by a third party.
If you make such an objection, we will cease to process your personal data unless we can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You also have the right to object to our processing of your personal data where such processing is conducted for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
If you are receiving promotional information from us and do no longer wish to receive such information, you may unsubscribe from any of our mailing lists by contacting us at email@example.com or by using the unsubscribe facilities included in our marketing communications.
If you are residing in New Zealand, you do not have the right to object to data processing activities.
(g) The right to complain to a supervisory authority
If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so within your country, or specific region of your habitual residence, your place of work or the place of the alleged infringement. In this regard, the relevant authorities are as follows:
Netherlands: Authority of personal data (Autoriteit Persoonsgegevens), Bezuidenhoutseweg 30, 2594 AV Den Haag, https://autoriteitpersoonsgegevens.nl/nl.
Australia: The Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 www.oaic.gov.au.
New Zealand: The Privacy Commissioner. The Office of the Privacy Commissioner’s (OPC) website (see here: https://www.privacy.org.nz/your-rights/making-a-complaint/). The OPC/Privacy Commissioner can also be contacted at firstname.lastname@example.org
United Kingdom: Information Commissioner - https://ico.org.uk/.
Ireland: Data Protection Commission – www.dataprotection.ie.
Canada: Office of the Privacy Commissioner of Canada - https://www.priv.gc.ca/en/. For such other matters pertaining to provincial affairs, the applicable offices are: (i) the Office of the Information and Privacy Commissioner for Nova Scotia; (ii) the Office of the Information and Privacy Commissioner of Ontario; (iii) Commission d'acces a l'information (Quebec); (iv) Office of the Information and Privacy Commissioner of Newfoundland and Labrador; and (v) Office of the Access to Information and Privacy Commissioner (New Brunswick).
USA: For issues that arise under the California Consumer Privacy Act of 2018 (CCPA), the California Attorney General.
5) Providing your personal data to others
In order to provide you with access to the WaterBear Platform, we work with service providers to process and store your personal data. We use the following categories of service providers:
b) We may also disclose your personal data in the event that such disclosure is required or necessary in order to fulfil a legal obligation. We may also disclose personal data in order to protect your vital interests or the vital interest of another person.
c) We do not disclose your personal data to our social media partners. We do, however, make use of social media plug-ins and URL’s to direct you to our social media channels to allow you to interact with our content. These social media channels include Facebook, Instagram, LinkedIn, Twitter, Google+, Vimeo and TikTok. In the event that you click on a link to any of these social media channels, such social media partner may collect personal data about you and may link this information to your existing profile on their social media channels.
d) We are not responsible for the use of your personal data by a social media partner. In such case, the social media partner will act as the controller of your personal data. For your information, we have included the relevant links (which may be changed from time to time by the relevant social media partner):
vi) Vimeo: https://vimeo.com/privacy;
e) We do not disclose your personal data to our WaterBear Partners, except for transactions processed via Stripe, where Stripe collects the required personal and credit card information to process the requested transaction. We do, however, make use of URL’s to direct you to WaterBear Partners (as defined in the Terms and Conditions) and their respective websites and channels to allow you to interact with them directly. If any WaterBear Partner or any other 3rd party obtains or collects personal data or other information from you, in no event shall we assume or have any responsibility or liability for such processing.
6) International transfers
We will ensure that any international transfer of personal data will take place pursuant to the appropriate safeguards and in accordance with applicable data privacy legislation.
Where personal data is transferred to a third country, WaterBear will take legally required steps consistent with applicable data privacy legislation to ensure that the personal data is adequately protected in each such jurisdiction in particular, and as may be relevant, by basing agreements with the relevant data recipients on the standard data protection clauses adopted by the European Commission or adopted by a supervisory authority and approved by the European Commission, where relevant.
Please note that WaterBear has agreements in place with third party service providers and we wish to clarify the international transfer of data that is associated with such agreements:
(i) Axonista: All personal data processing and storage will reside in Dublin, Ireland and St. Ghislain Belgium, and backup data will reside in Frankfurt, Germany and St. Ghislain, Belgium. No data will be transferred outside of the European Union under normal operating conditions.
(ii) Stripe: Stripe may transfer personal data outside the European Economic Area (“EEA”). If this is the case, Stripe will ensure that appropriate safeguards have been implemented for the transfer of personal data in accordance with applicable laws.
(iii) SAP may transfer personal data outside the EEA. If this is the case, SAP will ensure that appropriate safeguards have been implemented for the transfer of personal data in accordance with applicable laws.
If you reside in Canada, we wish to point out that the laws of the applicable jurisdiction may not provide the same protections as those available pursuant to Canadian laws. While the information is in another jurisdiction, it may be accessed by its courts and law enforcements agencies in accordance with the laws of that jurisdiction.