Privacy policy

Last revision on 15 March 2021

1. General

Spacewell International NV NV/SA, with registered office at Sneeuwbeslaan 20 bus 3, 2610 Wilrijk, incorporated under Belgian law and registered with the Crossroad Bank of Enterprises under number BE 0846.845.929 (“Spacewell International NV”, “we”, “us”), collects data when you create an account for using our products, including Axxerion, Axxerion Go, Cobundu, MCS, O-Prognose (“Account”), when you use the following website: www.spacewell.com (the “Website”) and/or when you send us an email (together, the “Services”).

You may not always be aware of it, but using our Services implies sharing personal data. According to the legal definition, personal data means any information relating to an identified or an identifiable natural person (“Personal Data”). It is sufficient to be regarded as Personal Data if the data allows us to make a direct or indirect link between one or more data on the one hand and a natural person on the other hand.

We believe the protection of your privacy is very important and would like to provide clarity, and, hence, we have prepared this privacy policy (“Privacy Policy”). Spacewell International NV will only use your Personal Data for the purposes stated in this Privacy Policy and we will not disclose your Personal Data to any natural person, legal person, or entity other than Spacewell International NV and its affiliates (“Third Party”), unless set out in section 5 of this Privacy Policy.

The collection and processing of Personal Data is subject to strict legal conditions to give you, as a user of our Services, the necessary guarantees that your Personal Data will not be publicly disclosed in an unauthorized manner.

Each processing will therefore always be done in compliance with the applicable privacy legislation, more specifically (a) the Belgian Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data, and (b) the European General Data Protection Regulation (the “Privacy Legislation”).

This Privacy Policy applies to the relationship between you and Spacewell International NV. Spacewell International NV will only process, store and use your Personal Data in accordance with this Privacy Policy and in accordance with the provisions of the Privacy Legislation.

You should read this Privacy Policy carefully before using our Services;.

Spacewell International NV acts as controller of your personal data when you are using our Services.

However, when you use a Spacewell International NV product provided by your organization, Spacewell International NV ‘s processing of your personal data in connection with that product is governed by an agreement between Spacewell International NV and your organization. In those cases, Spacewell International NV processes your personal data as a processor to make the product available to you and your organization and as a controller for Spacewell International NV’s legitimate business purposes in connection with the provision of the product.

If you have questions about Spacewell International NV’s processing of your personal data in the context of the provision of our Services to your organisation, please consult with them in the first instance as they will be the controller of your personal data and as such, responsible for how we process your personal data on their behalf. If you have any questions about Spacewell International NV’s processing of your personal data in connection with our legitimate business purposes in connection with delivering products to your organization, please contact us:

by e-mail at dataprotection@spacewell.com; or
by mail on the following address: Spacewell International NV NV/SA, Attn. of the Data protection officer, Sneeuwbeslaan 20 bus 3, 2610 Wilrijk, Belgium.

2. Personal data that we collect

We may collect various types of Personal Data and keep it on our servers, including among others:

First and last name;
Office or private address;
Telephone number;
Email address;
Company or employer’s name;
Data on your use of the Website (e.g. browser and IP address); and
Data of emails (e.g. number of times the email was opened).

3. What are the purposes of data collection and processing?

Your Personal Data may be used for the following purposes (collectively, the “Purpose”):

Informative purposes related to the use of the Website;
Commercial purposes related to your possible purchase of our services;
To respond to your requests;
To improve our level of service;
To improve the content of our communications; and
For our own administrative and quality assurance purposes.

Furthermore, Spacewell International NV has free access to your Personal Data, and may freely save and publish your Personal Data in the following cases:

to comply with applicable laws or regulations;
if a law enforcement authority or other government agency so requests;
to maintain its general Terms and Conditions;
for investigating suspicious or fraudulent or illegal activities; and/or
to protect security and/or your rights or Spacewell International NV’ rights.

4. How do we protect your personal data?

Spacewell International NV shall take reasonable administrative, technical and organizational measures, in accordance with the applicable Privacy Legislation, against unauthorized or illegal processing of Personal Data or unintentional loss, destruction or damage, unauthorized or illegal access, disclosure or use of Personal Data.

5. Who do we share your personal data with?

We will not transfer, transmit or otherwise disclose your Personal Data to third parties without your prior express consent except for the third parties described below:

to trusted businesses or persons to process your personal information on our behalf, based on our instructions and in compliance with applicable privacy laws and regulations;
to companies, organizations or individuals if we have a good reason to believe that disclosure of the information is reasonably necessary to execute and enforce contractual terms;
to regulatory or law enforcement agencies if we believe in good faith that we are required by law to disclose it in connection with the detection of crime, the collection of taxes or duties, in order to comply with any applicable law or order of a court of competent jurisdiction, or in connection with legal proceedings;
to third parties as part of a merger, acquisition or bankruptcy, in the event we sell or transfer all or a portion of our business or assets (including through bankruptcy).

Such third parties will only have access to the personal data they need to perform their tasks, and may not use such data for other purposes. The third parties to whom the personal data is transferred are also subject to an obligation of confidentiality and must provide the necessary guarantees that appropriate organizational and technical security measures are taken to protect your personal data. We do not allow these Third Party service providers to use your Personal Data for their own marketing activities.

In the event that the third parties listed above are located outside the European Economic Area, the transfer of personal data to these recipients will only take place if:

the European Commission has issued an adequacy decision for the country concerned, guaranteeing that an adequate level of protection of personal data is offered in that country;
you have given explicit consent;
appropriate safeguards have been provided, such as standard data protection clauses.

6. What are my rights as a data subject?

We want to guarantee a safe and lawful processing of Personal Data, and we assure you that your Personal Data will be processed in a straightforward and lawful way. This implies that the Personal Data will only be processed for the aforementioned, explicitly stated and legal Purpose. Spacewell International NV furthermore assures that the Personal Data will always be processed in an adequate, relevant and non-excessive manner.

My right to withdraw my consent

When we process your personal data on the basis of your consent, you have the right to revoke your consent to such processing at any time. You will not suffer any detrimental consequences if you do so. This consent withdrawal will not affect the lawfulness of the processing that occurred prior to the revocation of your consent.

My right to object to the processing of my Personal Data

When we process your data on the basis of our legitimate interests, you have the right to object to such processing activities at any time. If you object to a processing activity, we will no longer process your personal data for the purposes for which you do not want us anymore to process your data, unless we have compelling legitimate grounds for such processing or we need it for the establishment, exercise or defense of legal claims.

My right for information

If you have questions or suggestions with regard to the processing of your Personal Data, provided you are able to prove your identity, you have the right to request information concerning the processing. We will then provide you with access to your Personal Data that we process as well as the source of these Personal Data.

My right of rectification

You have the right to have your Personal Data rectified, erased or amended, free of charge, and to correct inaccuracies, in the event these Personal Data is incomplete or incorrect, or is being processed in an unlawful manner.

My right of erasure

You have the right to request the deletion of your personal data as collected by us in the following cases:

your personal data is no longer required for the processing purposes set forth in this Privacy Statement;
you revoke your previous consent for the processing of your personal data (where your consent was used as legal basis for our processing) and there is no other legal basis on which we can rely for the (further) processing of your personal data;
you object to the processing (or further processing) of your personal data and there are no compelling legal grounds for the processing of your personal data by us;
your personal data has been processed unlawfully;
your personal data must be deleted in order to comply with a legal obligation incumbent upon us;
your personal data was collected when you were a minor.

In the event of a deletion request, you should be aware that we may need to retain certain personal data in order to comply with our legal obligations or for the establishment, exercise or defense of legal claims.
My right of transferability of Personal Data

You have the right to receive a copy of the personal data that you have provided to us in a structured, common and machine-readable format (via the email address that you have provided us with) so that you can pass it on to another data controller or so that we can pass it on to another data controller at your request and if technically possible. Requesting a copy is free of charge. If you request additional copies of your personal data, we may charge a reasonable fee to cover administrative costs.

My right to restrict the processing

You have the right to request that we restrict the processing of your personal data to processing made: (i) for storage purposes, (ii) with your consent or (iii) or for the establishment, exercise or defense of legal claims in the following cases :

you contest the accuracy of such personal data (in this context, the use of your personal data shall be restricted during a certain period of time in order for us to verify the accuracy of your personal data);
the processing of your personal data is unlawful and instead of its deletion, you request us to limit the processing of your personal data and its use;
we no longer need your personal data for the processing purposes as described above, but you need this personal data for the initiation, exercise or substantiation of a legal claim;
when after exercising your right to object to the processing of your personal data and as long as no decision has been made on the exercise of such right, you request us to limit the use of your personal data.

Exercising my rights

These rights may be exercised by contacting us through dataprotection@spacewell.com or by mail on the following address: Spacewell International NV NV/SA, Attn. of the Data protection officer, Sneeuwbeslaan 20 bus 3, 2610 Wilrijk, Belgium.

My right to file a complaint with the data protection authority

If you have a complaint on the processing of your personal data or on the exercise of your rights, please send an email to dataprotection@spacewell.com. We undertake to respond to any request to exercise the aforementioned rights within thirty (30) calendar days.

You also always have the right to lodge a complaint or initiate proceedings with the data protection supervisory authority (“Data Protection Authority” or “Gegevensbeschermingsautoriteit”) with the following contact details: Data Protection Authority (GBA), Rue de la Press 35, 1000 Brussels, +32(0)2 274 48 00/+32(0)2 274 48 35; contact@apd-gba.be; https://www.dataprotectionauthority.be.

7. Storage and removal of data

We will keep your Personal Data as long as reasonably required to provide you with access to the Website and our Services, and for the Purpose as described in this Privacy Policy. Afterwards, your Personal Data will be erased.

If you register an Account, we will store your Personal Data, even if you temporarily stop using your Account, until the moment you permanently remove your Account. Until you remove your Account, we are allowed to store and use your Personal Data.

8. Updates or changes to our privacy policy

We may modify or amend this privacy policy from time to time. To let you know when we make changes to this privacy policy, we will amend the revision date at the top of this page and display a specific note on our Website. The new modified or amended privacy policy will apply from that revision date. Therefore, we encourage you to periodically review this statement policy to be informed about how we are processing and protecting Personal Data.