When you use Smiler, you trust us with your personal data. We’re committed to keeping that trust. That starts with helping you understand our privacy practices. This privacy policy describes the personal data, how it’s used, and your choices regarding this data. Smiler B.V. adheres to the requirements of the General Data Protection Regulation (GDPR) when processing personal data.
We are Smiler B.V. (Smiler). Our Services help you to capture memorable experiences in high quality, by providing you with one-minute photoshoots. For this purpose, there are Smiler Photographers on various special Locations (such as touristic spots and venues). You can purchase these Photos in various forms afterwards.
For more information about out Services, you can visit our Website: joinsmiler.com.
When you use Smiler, you trust us with the Personal Data captured in the Photos and used to contact you. We’re committed to keeping those Personal Data protected. That starts with helping you to understand our privacy practices. This Privacy Statement describes the Personal Data we process of you and your friends or family as our Customers, how this Personal Data is used and what the rights are regarding this data.
It is up to you to inform your friends, family, or anyone else included in the Photos of the particulars of this PrivacyStatement and the use and storage of the Photos. If people object to being photographed by Smiler, please make sure they will not be included in the (group) Photo.
Smiler acts as Controller within the meaning of the applicable privacy legislation, including the EU General Data Protection Regulation (GDPR).You can contact us through the contact details mentioned at the bottom of this Privacy Statement.
We may process the following Personal Data for the purposes mentioned below.
1) Images of the people in the Photos taken during the photoshoot
Purpose(s): We use this information to:
Legal basis: We may process your image, because this is necessary to perform our contract with you – i.e. to take your Photos and enable you to purchase them.
In this scope we have a legitimate interest to also process the images of the other people in the Photos, as we find that taking group Photos is an essential and indispensable part of our Services and is often requested. To protect the rights and freedoms of the other people in the Photos, we ask our Customers and Photographers to be mindful of the other people in the Photo and provide them with the availability to object.
2) Contact information: Name, phone number and country (code) or e-mail address.
The Photographer will show you a QR code right after the photoshoot. If you scan this QR code, you will be directed to a Smiler webpage on which you can enter this data via your device. Alternatively, the Photographer can enter this data manually on its own device.
Purpose(s): We use this information to:
Legal basis: We may process these Personal Data, because this is necessary to perform our contract with you – i.e. to provide you with information and a link to your Photos as a part of our Services. As for the reminders, we have a legitimate interest to message you about unpurchased Photos that are still waiting for you. This is also in your favor, because we notice that many Customers tend to purchase their Photos at a later time when reminded about them. If you are certain you don’t want to purchase your Photos, you can request us to delete them and your contact details at anytime. We will also remind you when we are about to delete the Photos.
3) Correspondence data: Personal Data shared in your message, email address (if the correspondence takes place via e-mail). If you use the chat function on our Website, Intercom will process various personal data on our behalf, such as your name, contact details, browser settings and earlier correspondence with us. For a full overview of processed data, see this Intercom page.
Purpose(s): We use this information to:
Legal basis: We may process these Personal Data, because we have a legitimate interest to do so – i.e. to answer to your message and help you with your question, request or complaint.
4) Payment information: Name and bank account number / IBAN / BIC.
Purpose(s): We use this information to:
Legal basis: We may process these Personal Data, because we this is necessary to perform our contract with you, i.e. to deliver ourServices. In addition, we have a legal obligation to process include them in our financial administration and comply with tax regulation.
Your devices may receive cookies or similar techniques (Cookies) when you use our onlineServices. A Cookie identifies your devices and as such can be deemed Personal Data. Read more on the use of this Personal Data in our Cookie Statement.
We store Personal Data for as long as we need it for the above purposes:
Photos and contact information: We will store your Photos and contact details for 400 days after the photoshoot. This allows us to give you enough time and opportunity to purchase your Photos at a later moment. Experience shows that our Customers often want to purchase Photos later on, as a memory to that specific moment/Location. Of course, we will delete your Photos and contact information if you request us to delete them any sooner. Please read more under ‘Privacy rights’. We will also remind you when we are about to delete the Photos.
Correspondence data: We store your data aslong as necessary to deal with your question or complaint. When you contact us via the chat function, Intercom will store the correspondence data for nine (9) months on our behalf.
Payment data: We store these data as long as necessary to complete your purchase and process your payment and keep these data for seven (7) years for tax purposes.
Personal data in our records for the tax authorities: These data are stored for seven (7) years, unless we are legally obliged to retain the data for a longer period.
Sharing data with Processors
We use the services of third parties for the processing of Personal Data. These third parties process Personal Data strictly on our behalf and according to our instructions (Processors). These Processors are not allowed to process Personal Data for their own purposes.
The Processors we may use are:
Sharing data with external controllers
For some purposes, we may also (need to) share Personal Data with external parties that process the Personal Data for their own purposes (External Controllers). In this respect, we may share Personal Data with:
We may transmit Personal Data to parties outside the European Union, if one of our Processors is established outside the European Union. The Personal Data will only be transferred to countries and/or parties that provide an adequate level of protection in accordance with the European data protection standards.
We aim to constantly improve our internal procedures, Services and Website. That is why from time to time we can update this Privacy Statement. If we change our Privacy Statement significantly, then we will send you the revised Privacy Statement via the contact details available to us.
As laid down in the GDPR, you and the other people in the Photo have the right to:
If you have any questions, comments or concerns regarding the manner in which we handle your Personal Data or if you wish to exercise your rights, please contact us through the contact data below:
Smiler B.V.
Poortland 66
1046BD Amsterdam
The Netherlands
W: joinsmiler.com
E: [email protected] / [email protected]
25 August 2022
When you use Smiler, you trust us with your personal data. We’re committed to keeping that trust. That starts with helping you understand our privacy practices. This privacy policy describes the personal data, how it’s used, and your choices regarding this data. Smiler B.V. adheres to the requirements of the General Data Protection Regulation (GDPR) when processing personal data.
Smiler collects:
Data provided by users. This includes:
Data created during use of our services. This includes:
Data from other sources. This may include:
We use your personal data for a number of reasons, in particular:
Smiler does not sell or share user personal data with third parties for their direct marketing, except with the user’s consent.
We are committed to safeguarding your personal data against unauthorised usage, modification, publication or deletion of said data. To achieve a high level of protection, we take a variety of both physical and technical security measures. Physical security measures include user protection measures on laptops and computers. Our technical measures include regular website scans to identify security gaps and vulnerabilities.
Your personal data is contained behind secured networks and is only accessible by a limited number of persons with special access rights to such systems. These individuals are specifically required to keep your personal data confidential. All information you exchange with Smiler is encrypted via Transport Layer Security (TLS) technology. Finally, we do not store or have access to your full payment details. Instead, we rely on our PCI-compliant payment service partner Adyen to safely store and process this information.
You have the right to receive information about your personal data in a clear and accessible way. In addition, if your personal data contains incorrect information, or if you consider this information is used, stored or processed incorrectly, we are happy to correct, complete or remove such data as soon as possible. The deletion of your user account is also possible at any time. Please contact us through the email address provided at the bottom of this privacy policy.
Cookies are small text files that are placed on your computer or mobile device to collect standard Internet log information and visitor behavior information. When you visit our website, we may collect information from you automatically through cookies or similar technology.
Smiler strives to not embed cookies with a lifespan longer than one year, although there may be exceptions to this time period. Cookies can be placed on your devices by us or by a third party, such as Google Analytics (Google's official web analytics service). Google Analytics allows us to understand, in aggregate fashion, where visitors land on our website and how they use the site. We cannot disaggregate this data to analyze your individual behavior on our website.
Smiler uses technical, functional, analytical and commercial cookies:
The consent you give us to store and use our and third party cookies can be withdrawn at any time by setting your browser to disable cookies and/or by removing all cookies from your browser. However, please take into account that this may limit your access to certain functions and areas on our platform.
We reserve the right to implement changes to this privacy policy. We will always publish the new version of this privacy policy on our website and will include the date of the latest version. As we will not proactively inform you regarding all changes made by us, we recommend you revisit this privacy policy from time to time. If you continue using our platform after we've made new amendments, we assume you acknowledge and agree with its latest content.
Should you wish to report a complaint or if you feel that Smiler has not addressed your concern in a satisfactory manner, you have the right to report a complaint with the relevant supervisory authority for the protection of personal data. To do so, contact the supervisory authority directly.
Smiler B.V. controls your personal data. Smiler B.V. is a Dutch limited liability company, incorporated under the laws of the Netherlands and registered with the Amsterdam Chamber of Commerce (no. #80689078). Smiler B.V. address is Poortland 66, 1046 BD Amsterdam, The Netherlands.
If you have any questions about Smiler’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please contact our customer service through [email protected].
25 August 2022
