Privacy Verklaring

1 Introduction

Simpl.energy B.V., with its registered office at Jaarbeursplein 6, 3521 AL Utrecht, the Netherlands, registered in the Trade Register of the Chamber of Commerce under number 89660986, and all its affiliated companies (we, us, or our), attaches great importance to the careful handling of your (you or your) personal data. As the controller responsible for processing your personal data, we ensure that your personal data is handled and secured with the utmost care. In doing so, we comply with all applicable laws and regulations in all cases.

Please read this Privacy Statement (Privacy Statement) carefully before using our services (the Services, which include, among other things: the Simpl.energy online platform (the Platform) and the gateway). By using the Services, you agree to this Privacy Statement.

In this Privacy Statement, we explain which personal data we collect when you use our Services or otherwise contact us, why we collect this personal data, and what we do with it.

2 Personal data we process, including purpose and legal basis

In the context of the Services, we process the personal data listed below for the purposes and based on the legal grounds also set out below.

2.1 Legal grounds

We process personal data based on the following legal grounds as defined in European privacy legislation:

  1. consent;
  2. performance of an agreement with the User;
  3. legal obligation; and
  4. our legitimate interests. 1.

2.2 The personal data we process and for what purpose

Creating a user account: To create an account, you must provide: (i) your contact details (email address); as well as (ii) your account username (which is your email address); (iii) your account password; and (iv) the company name of your employer/client. Depending on the processing, legal ground 2 or 4 applies.

Customer support: We receive your personal data as soon as you contact us via telephone, email, our contact form, or any other communication channel. We then process this data to respond to the message you have sent us. In this context, we may, for example, collect and internally share (telephone) requests received by our customer support team and the related responses, along with other contact details (as described above under 'Creating a user account') and any other information. This allows us to respond more effectively to your questions. Depending on the processing, legal ground 1 or 4 applies.

Informational messages: We may use your contact details (as described above) to send informational messages (not marketing communications) that are necessary to provide the Services. Legal ground 2 applies.

Testing and analysis: We use personal data to analyze how you use the Services. This also includes using the data to detect and resolve errors and malfunctions in the Services. Legal ground 4 applies.

Data aggregation: To minimize the processing of your personal data, we may aggregate or encrypt your personal data to create anonymous data that is no longer traceable to a natural person. Legal ground 4 applies.

Compliance with local law: To comply with applicable legislation, we may be required to process your personal data for purposes other than those set out in this Privacy Policy, for example, for law enforcement or in the event of a court order. Legal ground 3 applies.

Fraud detection: we process your personal data for fraud detection and to prevent fraud and abuse. If we have a reasonable suspicion of, or determine that there has been, any fraud, scam, or criminal activity attributable to you, your personal data will be processed to prevent you from using the Services in the future. Depending on the processing, basis 3 or 4 applies.

Marketing: to the extent permitted by applicable law, we may use your contact details (as described above) for marketing communications, such as newsletters. You can opt out of this at any time. The newsletter may also contain information and offers from other parties. Every newsletter includes a link that allows you to unsubscribe from our newsletter. Unless you have given explicit consent, the newsletter subscriber list will not be provided to third parties. Depending on the processing, basis 1 or 4 applies.

Other data: in addition to the specifically mentioned categories of personal data included in this Privacy Statement, we may also process other personal data that you provide to us in the context of your use of the Services. This includes any information you voluntarily share with us that does not fall under one of the other specific categories. Depending on the processing, basis 1 or 4 applies.

3 Retention period for personal data

We do not store personal data for longer than is strictly necessary for the purposes for which we process it. In general, we apply the following retention periods.

Your contact details (as described above under 'creating a user account')

Up to seven (7) years after your last contact with us.

Your contact details and other data you provide to us when filling out a contact form and the subsequent communication that follows.

As long as necessary for answering/handling the contact form.

Account details, such as your username and passwords.

As long as your account exists and until you delete the account.

Communication with you in the context of customer support.

As long as your account exists and up to a maximum of two (2) years after the Services are provided by us to your employer/client.

Newsletter preferences

Subscriptions and/or cancellations for five (5) years; the (sent) newsletters for a maximum of seven (7) years.

Data related to legal proceedings

As long as necessary for conducting the proceedings or for establishing our rights in legal proceedings and up to five (5) years thereafter.

Please note that we may at any time retain collected data in an aggregated and anonymous form for (market) research, analysis, and/or fraud protection. Basis 4 applies in this case.

If you have any questions about the retention period of your personal data, please contact us using the contact details below.

4 Sharing personal data with third parties

In the cases listed below, we are permitted to share your personal data with third parties. Your personal data will not be sold, rented, or disclosed to third parties for commercial purposes unless you have provided your consent.

Competent authorities: We disclose personal data to law enforcement authorities and other government agencies to the extent required by law or strictly necessary for the prevention, detection, or prosecution of criminal offenses and fraud. Basis 4 applies.

Transfer: We may transfer your personal data to third parties in the event of a merger, acquisition, reorganization, sale of business units, or bankruptcy of our company. In such cases, we will request your prior consent if required under applicable law. Basis 4 applies.

External service providers: If necessary to provide our Services, we may share your personal data with external service providers on our behalf for the purposes set out in this Privacy Statement.

Service providers with whom we may share your personal data include:

  1. product support; and
  2. IT service providers, such as those for hosting and maintaining the Platform.

If the above organizations are classified as processors under European privacy legislation, we will enter into a data processing agreement with them. In such cases, your personal data will only be processed according to our instructions and under our responsibility.

5 Transfer of your personal data abroad

Our Services are managed and operated from the Netherlands. If personal data is provided to a third party abroad, this will only be done to a third party in a country that the European Commission deems to provide an adequate level of protection for personal data. If such an adequate level of protection is lacking, we will ensure that the legally required safeguards are provided, such as by entering into an EU model contract.

6 Use of cookies

We use cookies on the Platform. By clicking "Accept" on the cookie banner or by continuing to use the Platform, you consent to the placement of cookies. A cookie is a simple small file that a website stores on your hard drive via your browser. Information is stored within a cookie. Different types of cookies may be used per visit.

7 Types of cookies used on the Platform and their purpose

The Platform uses the various types of cookies listed below for the purposes set out below.

Analytical cookies: these are anonymous cookies that allow us to improve the Platform. These cookies collect information about how visitors use the Platform, such as information about the most visited pages or the number of error messages displayed. The information collected by these cookies may not be used for marketing purposes and is not shared with third parties.

Session cookies: session cookies are used during your visit and are automatically deleted as soon as you close your browser. We remember which parts you view during a visit and tailor our Services accordingly.

Other/unforeseen cookies: due to the way the internet and websites work, we may not always have insight into the cookies placed by third parties via the Platform. This is particularly the case if there are web pages that contain so-called 'embedded elements'.

8 Specific overview of cookies used

Via this link you will find an overview of the cookies used on the Platform.

9 Adjusting cookie settings or deleting cookies

If you do not want us to place cookies on your (mobile) device, you can refuse the use of cookies via your browser settings or options. You must adjust your settings separately for each browser and each (mobile) device. Please note: it is possible that after adjusting your cookie settings, some parts of the Platform may no longer function (correctly). If we have already placed cookies, you can also remove them. How to do this varies by browser. If necessary, consult your browser's help function. More information about cookies can be found on the Consumentenbond website.

If you encounter cookies on the Platform that we have not listed above, please let us know.

10 Your rights as a data subject

As a data subject, you have a number of rights under European privacy legislation. You have the right to access the personal data we process about you (Art. 15 GDPR), the right to rectify your personal data (Art. 16 GDPR), the right to erase your personal data (Art. 17 GDPR), and the right to restrict the processing of your personal data (Art. 18 GDPR). Under certain circumstances, you also have the right to request the transfer of your personal data (Art. 20 GDPR). Finally, you can object to the use of your personal data (Art. 21 GDPR). If the processing of your personal data is based on consent, you may withdraw this at any time.

Your rights are briefly explained below:

  • right of access: you may always ask us to provide an overview of the personal data we have collected about you. If we have not received your personal data directly from you, but from a third party that processes your personal data, we will inform you about the source from which this information was received;
  • right to rectification: you may always ask us to correct or supplement your data if it has been processed incorrectly and/or incompletely in our records;
  • right to erasure: you may always request that we delete your personal data if you do not want us to keep certain information about you. This is also known as the 'right to be forgotten';
  • right to restriction: you can always ask us to temporarily stop the processing of your personal data or to limit its use;
  • right to data portability: you can always request that we retrieve your personal data and/or transfer it to a third party. This is also known as the right to data portability. Your personal data will then be sent to you or to the third party you have designated in a readable format; and
  • right to object: you can (under certain circumstances) object to the (further) processing of your personal data.

If you have created an account, you can find a large portion of your personal data in your own account. You can log in there and adjust your details. For access to data not contained in your account, please contact us directly using the contact details provided below.

Exercising one of these rights may result in you no longer being able to use all the functionalities of our Services.

Please note: we are entitled to refuse a request if we have a legitimate and/or compelling interest in doing so, or if cooperation with that request can be refused on other legal grounds.

11 Complaints

We are happy to help if you have any complaints about the processing of your personal data. In the event of a complaint, please contact us using the contact details below. Under European privacy legislation, you also have the right to file a complaint directly with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) regarding the way we process personal data.

12 Security of your personal data

We do our utmost to protect your personal data and use technical and organizational security measures to protect the personal data we manage against manipulation, loss, destruction, and unauthorized access. These security measures are continuously improved in line with technological developments.

The measures we have taken include:

  • all personal data entered on the Platform is encrypted and transmitted via a secure connection;
  • access to personal data is limited to individuals who actually require access to the personal data to perform their duties within our company;
  • access to personal data is restricted;
  • individuals with access to personal data are aware of the importance we place on the careful handling and protection of personal data;
  • individuals with access to personal data are bound by a non-disclosure agreement;
  • our Services are continuously updated with the latest security patches.

If you believe that your data is not sufficiently protected or if there are indications of a data breach, we recommend that you contact us using the contact details below.

The Platform may contain links to external websites managed by other companies. It is possible that they collect personal information from people who visit their websites. We cannot provide any guarantees regarding the privacy policies of external websites and bear no responsibility for those websites.

13 Data breach notification obligation

Although we process your personal data with the utmost care and ensure it is stored securely, a data breach may still occur. If a data breach occurs, we will first determine whether and to what extent there is a high risk to your rights and freedoms. If there is a high risk, we will report this to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

To the extent required by relevant legislation, we will inform you in the event of a data breach about:

  • the nature of the breach in relation to your personal data;
  • the likely consequences of the breach;
  • the measures we are taking (and have already taken) to limit the consequences of the breach.

14 Changes

We reserve the right to amend this Privacy Statement. However, we will not limit your rights under this Privacy Statement without your explicit consent. The most current version of this Privacy Statement can be found on the Platform at all times. We recommend that you check regularly to see if an updated version is available.

15 Our contact details

If you have any questions or complaints about the use of your personal data or about this Privacy Statement, you can contact us using the contact details below. You may also contact our privacy officer directly.

Simpl.energy B.V
Jaarbeursplein 6
JIM, 2nd floor
3521 AL Utrecht
Chamber of Commerce number: 89660986
Website: https://zympler.com
info@zympler.com

16 Version

This Privacy Statement was last amended on March 5, 2024.

1. Legitimate interests include, but are not limited to: advertising, marketing, security, auditing, fraud detection, (crime) prevention, (market) research, analysis and improvement of our services, internal management, legal affairs, and business administration. Below, we indicate which legal basis applies to each specific processing activity.