Privacy verklaring

Privacy policy

We respect your privacy and are committed to protecting it through our compliance withthis privacy policy (“Policy”). This Policy describes the types of information we may collectfrom you or that you may provide (“Personal Information”) in the “JAROCELLSSmartpower” mobile application (“Mobile Application” or “Service”) and any of its relatedproducts and services (collectively, “Services”), and our practices for collecting, using,maintaining, protecting, and disclosing that Personal Information. It also describes thechoices available to you regarding our use of your Personal Information and how you canaccess and update it.

This Policy is a legally binding agreement between you (“User”, “you” or “your”) andJarocells BV (“Jarocells BV”, “we”, “us” or “our”). If you are entering into this Policy onbehalf of a business or other legal entity, you represent that you have the authority to bindsuch entity to this Policy, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Policy,you must not accept this Policy and may not access and use the Mobile Application andServices. By accessing and using the Mobile Application and Services, you acknowledgethat you have read, understood, and agree to be bound by the terms of this Policy. ThisPolicy does not apply to the practices of companies that we do not own or control, or toindividuals that we do not employ or manage.

Table of contents

1.           Collection of information

2.           Use and processing of collected information

3.           Disclosure of information

4.           Retention of information

5.           Privacy of children

6.           Links to other resources

7.           Information security

8.           Data breach

9.           Changes and amendments

10.        Acceptance of this policy

11.        Contacting us

1. Collection of information

Our top priority is customer data security and, as such, we exercise the no logs policy. Wemay process only minimal user data, only as much as it is absolutely necessary tomaintain the Mobile Application and Services. Information collected automatically is usedonly to identify potential cases of abuse and establish statistical information regarding theusage of the Mobile Application and Services. This statistical information is not otherwiseaggregated in such a way that would identify any particular user of the system.

2. Use and processing of collected information

We act as a data controller and a data processor when handling Personal Information,unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

Our role may also differ depending on the specifi c situation involving PersonalInformation. We act in the capacity of a data controller when we ask you to submit yourPersonal Information that is necessary to ensure your access and use of the MobileApplication and Services. In such instances, we are a data controller because wedetermine the purposes and means of the processing of Personal Information.

We act in the capacity of a data processor in situations when you submit PersonalInformation through the Mobile Application and Services. We do not own, control, or makedecisions about the submitted Personal Information, and such Personal Information isprocessed only in accordance with your instructions. In such instances, the User providingPersonal Information acts as a data controller.

In order to make the Mobile Application and Services available to you, or to meet a legalobligation, we may need to collect and use certain Personal Information. If you do notprovide the information that we request, we may not be able to provide you with therequested products or services. Any of the information we collect from you may be usedfor the following purposes:

> Improve user experience

> Run and operate the Mobile Application and Services

Processing your Personal Information depends on how you interact with the MobileApplication and Services, where you are located in the world and if one of the followingapplies: (a) you have given your consent for one or more specifi c purposes; (b) provisionof information is necessary for the performance of this Policy with you and/or for any pre-contractual obligations thereof; (c) processing is necessary for compliance with a legalobligation to which you are subject; (d) processing is related to a task that is carried out inthe public interest or in the exercise of offi cial authority vested in us; (e) processing isnecessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations we may be allowed to process information until youobject to such processing by opting out, without having to rely on consent or any other of

the legal bases. In any case, we will be happy to clarify the specific legal basis that appliesto the processing, and in particular whether the provision of Personal Information is astatutory or contractual requirement, or a requirement necessary to enter into a contract.

3. Disclosure of information

To maintain the highest level of privacy and to protect your Personal Information to the fullextent, we do not share your Personal Information with anyone and for any reason.

4. Retention of information

We will retain and use your Personal Information for the period necessary to comply withour legal obligations, to enforce our Policy, resolve disputes, and unless a longer retentionperiod is required or permitted by law.

We may use any aggregated data derived from or incorporating your Personal Informationafter you update or delete it, but not in a manner that would identify you personally. Oncethe retention period expires, Personal Information shall be deleted. Therefore, the right toaccess, the right to erasure, the right to rectifi cation, and the right to data portabilitycannot be enforced after the expiration of the retention period.

5. Privacy of children

We do not knowingly collect any Personal Information from children under the age of 18.If you are under the age of 18, please do not submit any Personal Information through theMobile Application and Services. If you have reason to believe that a child under the age of18 has provided Personal Information to us through the Mobile Application and Services,please contact us to request that we delete that child’s Personal Information from ourServices.

We encourage parents and legal guardians to monitor their children’s Internet usage andto help enforce this Policy by instructing their children never to provide PersonalInformation through the Mobile Application and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take thenecessary precautions to ensure that their children are instructed to never give outPersonal Information when online without their permission.

6. Links to other resources

The Mobile Application and Services contain links to other resources that are not ownedor controlled by us. Please be aware that we are not responsible for the privacy practicesof such other resources or third parties. We encourage you to be aware when you leavethe Mobile Application and Services and to read the privacy statements of each and everyresource that may collect Personal Information.

7. Information security

We secure information you provide on computer servers in a controlled, secureenvironment, protected from unauthorized access, use, or disclosure. We maintainreasonable administrative, technical, and physical safeguards in an effort to protectagainst unauthorized access, use, modifi cation, and disclosure of Personal Information inour control and custody. However, no data transmission over the Internet or wirelessnetwork can be guaranteed.

Therefore, while we strive to protect your Personal Information, you acknowledge that (a)there are security and privacy limitations of the Internet which are beyond our control; (b)the security, integrity, and privacy of any and all information and data exchanged betweenyou and the Mobile Application and Services cannot be guaranteed; and (c) any suchinformation and data may be viewed or tampered with in transit by a third party, despitebest efforts.

8. Data breach

In the event we become aware that the security of the Mobile Application and Serviceshas been compromised or Users’ Personal Information has been disclosed to unrelatedthird parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but notlimited to, investigation and reporting, as well as notifi cation to and cooperation with lawenforcement authorities. In the event of a data breach, we will make reasonable efforts tonotify affected individuals if we believe that there is a reasonable risk of harm to the Useras a result of the breach or if notice is otherwise required by law. When we do, we willsend you an email.

9. Changes and amendments

We reserve the right to modify this Policy or its terms related to the Mobile Applicationand Services at any time at our discretion. When we do, we will post a notifi cation in theMobile Application. We may also provide notice to you in other ways at our discretion,such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of therevised Policy unless otherwise specifi ed. Your continued use of the Mobile Applicationand Services after the effective date of the revised Policy (or such other act specifi ed atthat time) will constitute your consent to those changes. However, we will not, withoutyour consent, use your Personal Information in a manner materially different than whatwas stated at the time your Personal Information was collected.

10. Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions.By accessing and using the Mobile Application and Services and submitting yourinformation you agree to be bound by this Policy. If you do not agree to abide by the termsof this Policy, you are not authorized to access or use the Mobile Application and Services.This policy has been created with the help of the privacy policy generator.

11. Contacting us

If you have any questions, concerns, or complaints regarding this Policy, the informationwe hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below: info@jarocells.nl.

We will attempt to resolve complaints and disputes and make every reasonable effort tohonor your wish to exercise your rights as quickly as possible and in any event, within thetimescales provided by applicable data protection laws.

This document was last updated on April 22, 2024