Privacy Policy Marblelous

This Privacy Policy was updated on 2023/03/15 and is effective from this date.

Table of Contents

General
For which purposes does MARBLELOUS collect your Personal Data?
To whom can MARBLELOUS provide Personal Data?
Which Personal Data can MARBLELOUS collect and process?
1. Information you provide
2. Automatic Information Collection
Is MARBLELOUS responsible for other websites?
Mobile App
How does MARBLELOUS protect your Personal Data?
What rights do you have?
1. Right of access
2. Right to rectification
3. Right to erasure (“Right to be forgotten”)
4. Right to restriction of processing
5. Right to data portability
6. Right to object
7. Right to object to direct marketing
8. Right to withdraw consent
How to exercise your rights?
Right to lodge a complaint with the competent supervisory authority
Can this Privacy Policy be adapted?
How long do we keep your Personal Data?
Who to contact with questions and requests?
Final provision
Cookie information
1. What are cookies?
2. For what purposes does this Website use cookies?
3. What types of cookies does the Website use?
4. How can you control, delete or withdraw your consent to the use of cookies?

General

This website https://www.marblelous.tech (“Website“) is administered by Marblelous Tech B.V. (“Marblelous” or “we”), and we are also the controller of the Personal Data collected and processed by us in accordance with this Privacy Policy with respect to you and in relation to this Website.

Marblelous Tech B.V.
Postbus 92
6245ZH Eijsden
The Netherlands

Company registration number: 78728843
VAT-number: NL861510720B01

This Privacy Policy describes the types of information we collect on this Website, including information relating to identified or identifiable individuals (“Personal Data“), for which purposes we use such Personal Data, with whom we may disclose it, and the rights and choices available to you regarding our use of your Personal Data. This Privacy Policy also describes how your Personal Data are secured and how you can contact us about our privacy practices.

Please read this Privacy Policy before using or submitting any Personal Data on the Website.

By accessing and using this Website, you confirm that you have read and that you understand the way we collect, process, use and disclose your Personal Data as described in this Privacy Policy.

Please note that before using or submitting Personal Data on certain sections of the Website, you might be asked to confirm electronically your acceptance of this Privacy Policy by clicking on a button or ticking a box. Your affirmative action in clicking on that button and/or ticking that box and your use of this Website signify that you agree and accept the way in which your Personal Data, as described in this Privacy Policy, are collected, used and processed.

Our records of your acceptance of this Privacy Policy, the date thereof, and of all future amendments to this Privacy Policy, shall be regarded as conclusive and written evidence of your consent.

For which purposes does MARBLELOUS collect your Personal Data?

In certain sections of this Website you are asked to provide your Personal Data, in particular your identification details, contact details and other information listed in Section 4. When we ask you to provide your Personal Data in order to give you access to any of the functions of the Website, please note that certain boxes will be marked as mandatory, to the extent these are data we need to give you access to the relevant functionality. If you choose not to provide us with these data, you may not be able to use these functionalities.

We can use this data for various purposes, as described below.

Purposes of processing	Legal basis
We may use your data to operate the Kickstarter campaign organized by us (the “Campaign“) and manage your participation thereto, including: to approach you by email or other electronic means with news and updates about the Campaign and invite you to think along with us about the composition of the ice-cream cups; to send you a calendar invite by email or other electronic means for the day of the launch of the Campaign; and to send you an early bird discount on launch day.	Your Personal Data will be processed based on your consent – Article 6, 1., (a) of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) – as well as our legitimate interests to operate the Campaign – Article 6, 1., (f) GDPR.
We may use your data to send you news or information about future promotional campaigns organized by us, unless you have objected thereto.	Your Personal Data will be processed based on your consent – Article 6, 1., (a) GDPR – as well as our legitimate interests to inform you about campaigns related to similar products or services, it being noted that you have the right to object at any time to such further processing – Article 6, 1., (f) GDPR.

We may process your navigation data for functional, analytical and advertising purposes. Please refer to the Cookie Information Section below for more details.	Your Personal Data will be processed based your consent – Article 6, 1., (a) of the GDPR as well as out legitimate interests to improve our Website – Article 6, 1., (f) GDPR.
We may use your data to fulfil other legitimate purposes disclosed to you at the time you provide your Personal Data or as permitted or required to comply with applicable laws and regulations to which we are subject.	Your Personal Data will be processed because the processing is necessary: for the purposes of the legitimate interests pursued by MARBLELOUS, and such interests are not overridden by your interests or fundamental rights and freedoms – Article 6, 1., (f) of the GDPR; or to comply with a legal obligation of MARBLELOUS – Article 6, 1., (c) of the GDPR.

We shall obtain your prior express consent (opt-in) for the above-listed purposes where required under applicable law. You have the right to withdraw any given consent at any time (see Section 7).

To whom can MARBLELOUS provide Personal Data?

It may be necessary to share your Personal Data with:

affiliated companies and/or franchisees established in the European Economic Area (“EEA“) for the purposes described in this Privacy Policy;
in the event of a merger, acquisition, sale of assets, joint venture, or any other transaction that results in a change in control or ownership of MARBLELOUS, in whole or in part; or in the event of a corporate reorganization, bankruptcy, insolvency proceeding, or similar circumstance, if permitted by and done in accordance with applicable law; or
third party services providers and suppliers acting on our behalf and under our instructions, that assist us in the development, organization and management of the Campaign (including Mailchimp which sends communications regarding Campaign updates on our behalf) or that provide web-related services, advertising or analytics (including Google who provides us with the service Google Analytics, in order for us to manage the web servers and to store information on back-up disks). These third parties can only use the data for the purposes described above. Any other use is prohibited.

Without prejudice to the above, MARBLELOUS shall not provide your Personal Data to other third parties without obtaining your prior consent, unless it is required to do so under a statutory provision or court order. In particular, MARBLELOUS may disclose your Personal Data in the following circumstances:

to the competent authorities to comply with our legal obligations;
to respond to authorized information requests from law enforcement or judiciary authorities or when otherwise required or permitted by law;
to respond to an emergency or otherwise to protect the rights, property, safety, or security of third parties, visitors of this Website or the public.

These recipients may be located in countries other than the country in which your Personal Data was originally collected, including countries outside the EEA that are not covered by an adequacy decision of the European Commission and are therefore not recognized as providing an adequate level of protection of Personal Data, including the United States of America. In any case, MARBLELOUS will only transfer Personal Data to recipients that provide an adequate level of data protection or as permitted by data protection laws by implementing appropriate safeguards, including, but not limited to, relevant data transfer agreements based on the EU Commission Standard Contractual Clauses for the transfer of data to third countries (Article 46, 2., (c) of the GDPR).

In any case, MARBLELOUS will take appropriate technical and organizational security measures to ensure an adequate protection of the Personal Data transmitted or disclosed in accordance with applicable law.

The number of MARBLELOUS employees who have access to the Personal Data is limited and they are carefully selected. These persons are authorized to obtain access to Personal Data to the extent such access is required for them to properly perform their tasks.

Which Personal Data can MARBLELOUS collect and process?

MARBLELOUS collects Personal Data about you in your capacity as a visitor of the Website and participant to the Campaign (i.e. any information that relates to you as an identified or identifiable individual), namely your name, email address, telephone number and your answers from the ice cup calculator, through your use of this Website, namely when you complete the available forms on the Website, communicate with us or take part in interactive features.

Automatic Information Collection

Subject to your consent when required by law, we and our third-party service providers and partners may use a variety of technologies that collect and provide information about how the Website is accessed and used. Such information may relate to the number of visitors, the referral URL, the shortened IP address, and the pages visited. We use this information to get a better idea of how our users interact with our Website and then tailor and improve our Website accordingly. Such information cannot be linked to you individually, but if we can link it to you then we treat it in accordance with this Privacy Policy.

Certain information is collected by means of cookies. MARBLELOUS uses cookies and similar technologies on its Website as described in the Cookie Information Section below.

Is MARBLELOUS responsible for other websites?

The Website may include references (in the form of a hyperlink, banner or button) to other sites related to this Website. This does not automatically mean that MARBLELOUS is associated with these other sites or their owners.

These websites are not under MARBLELOUS’s control. We are not responsible for the content of these websites, any products or services that may be offered through these websites or any other use of these websites nor for any data processing and privacy practices associated with such websites. We invite you to review these websites’ privacy notices if you visit them or provide any Personal Data to them.

Mobile App

MARBLELOUS provides control of certain products through the use of a mobile App called Marblelous. This App can be installed via Apple App Store or Google Play Store. By installing this App you agree that the following permissions are used on the mobile device on which the App is installed:

Bluetooth (iOS) / Nearby Devices (Android): in order to find MARBLELOUS Smart Tricks and to share WiFi credentials between MARBLELOUS devices.
Camera: for scanning QR-codes in order to (re-)connect (new) MARBLELOUS devices.
Location: for retrieving Network Info.
Local Network (iOS): for finding and connecting MARBLELOUS devices in the local network.

How does MARBLELOUS protect your Personal Data?

MARBLELOUS takes – and requires that any service provider and/or third party processor processing Personal Data on behalf of and under the instructions of MARBLELOUS takes – appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful destruction or accidental loss, misuse, unauthorized access, disclosure, alteration or destruction, and against any other unlawful form of processing of information as defined by applicable law.

However, please note that no electronic transmission or storage of information is 100% secure. Therefore, despite the security measures that we have put in place to protect your Personal Data, we cannot guarantee that loss, misuse, or alteration of data will never occur.

What rights do you have?

As a natural person whose Personal Data is processed, you have certain rights which are summarized below. Please note that the exercise of these rights is subject to certain obligations and conditions, as set out in the applicable data protection legislation.

Right of access
You have the right to obtain confirmation from MARBLELOUS as to whether or not it is processing Personal Data relating to you and, if so, you have the right to request access to such Personal Data, including, but not limited to, information about the categories of Personal Data concerned, the purposes of the processing and the recipients or categories of recipients. In any case, MARBLELOUS must take into account the rights and freedoms of others, so this right is not absolute. If you request more than one copy of the Personal Data processed, MARBLELOUS may charge a reasonable fee, taking into account the administrative costs.

Right to rectification
You have the right to ask MARBLELOUS to rectify incorrect Personal Data relating to you. Depending on the purpose of processing, you also have the right to request that incomplete Personal Data be completed, including by means of an additional statement.

Right to erasure (“right to be forgotten”)
In certain circumstances, as defined by the applicable data protection legislation, you have the right to request MARBLELOUS to delete the Personal Data relating to you.

Right to restriction of processing
In certain circumstances, as defined by the applicable data protection legislation, you have the right to request the restriction of the processing of your Personal Data. In this case, your Personal Data, with the exception of storage, may only be processed with your consent, or for the establishment, exercise or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of substantial public interest.

Right to data portability
In certain circumstances as defined in the applicable data protection legislation, you have the right to receive Personal Data provided by you to MARBLELOUS and relating to you in a structured, commonly used and machine-readable format, and you may also have the right to transfer such Personal Data to another controller or to request MARBLELOUS to transfer such data directly to another controller to the extent this is technically possible.

Right to object
In certain circumstances, as defined by the applicable data protection legislation, you have the right to object at any time, for reasons relating to your specific situation, to the processing of your Personal Data by MARBLELOUS, and MARBLELOUS may be required to stop the processing of your Personal Data, unless MARBLELOUS demonstrates that there are legitimate and compelling reasons for the processing which prevail on your interests and rights and freedoms, or for the establishment, exercise or defense of legal claims. This applies in particular when the processing of your Personal Data is based on the legitimate interests of MARBLELOUS or is carried out for statistical purposes.

Right to object to direct marketing
When your Personal Data is processed for direct marketing purposes, you have the right to object at any time to the processing of your Personal Data for such direct marketing purposes (including profiling insofar as it relates to such direct marketing).

Right to withdraw consent
In case you have given your consent for the processing of Personal Data as described in this Privacy Policy, you can revoke this consent at any time with effect for the future. Such withdrawal does not affect the lawfulness of the processing that took place prior to the withdrawal of consent.

How to exercise your rights?

We take data protection very seriously. For this reason, we have a dedicated customer service department that handles questions about your rights as described above. If you wish to exercise your rights under applicable law, as well as for further details and questions concerning MARBLELOUS’s data processing activities, we invite you to contact us by sending a dated and signed request, together with a copy of your valid identity card or other valid identification document, to our address provided above or by email to info@marblelous.tech.

Right to lodge a complaint with the competent supervisory authority

If you believe that MARBLELOUS has not processed your Personal Data correctly, please contact us. You also have the right to lodge a complaint with the competent supervisory authority, in particular:

the Dutch Data Protection Authority: https://autoriteitpersoonsgegevens.nl
the authority of the Member State in which your habitual residence, place of work or place of the alleged infringement is located, if you consider that the processing of your Personal Data constitutes a breach of the GDPR: https://edpb.europa.eu/about-edpb/board/members_en

Can this Privacy Policy be adapted?

Except to the extent limited by applicable law, MARBLELOUS may decide at any time – at its discretion – to adapt all or parts of this Privacy Policy with future effect as permitted by law. Any change to this Privacy Policy will be posted on this page and, notified to you by email (where appropriate or required by law and to the extent that we have your email address). We will indicate above the date on which this Privacy Policy was last modified.

How long do we keep your personal data?

Personal Data will not be kept longer than is reasonably necessary for the purposes set out in Section 2 above. For example, when we process your Personal Data for the purpose of sending you news about future promotional campaign organized by us, we will delete your Personal Data within five (5) years after you provided us with your data. Regardless of the processing of your Personal Data for the time strictly necessary to achieve these purposes, your Personal Data will then be retained for the period for which we may be held liable as a result of such processing, in accordance with applicable law.

Who to contact with questions and requests?

We have appointed a data protection officer to ensure that we always process your Personal Data in a transparent, accurate and legitimate manner. If you have any questions about MARBLELOUS’s Privacy Policy, or to exercise your rights under applicable law, please contact our Data Protection Officer at info@marblelous.tech by stating “DPO” in the subject line.

Final provision

This Privacy Policy is subject to Dutch law. Any dispute arising from this Website or otherwise related to this Website, without prejudice to your legal rights under applicable law, shall be submitted to the competent court in Maastricht (Netherlands).

Cookie Information

The Website uses cookies and similar technologies as described below. This Section describes the purposes for which we use cookies and other tracking technologies such as pixel gifs and what types of cookies we use on the Website. We will inform you about how you can prevent these cookies and other tracking technologies from being stored, noted that this may downgrade or disable certain elements of the functionality of the Website.

What are cookies?
Cookies are files or pieces of information that may be stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit this Website. A cookie will usually contain the name of the website from which the cookie has come from, the “lifetime” of the cookie (i.e. how long the cookie will remain on your device), and a value, which is usually a randomly generated unique number.

Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website. Two types of cookies may be used, “session cookies” and “persistent cookies”. Session cookies are automatically deleted at the end of your browsing session. Persistent cookies remain longer on your device, for the duration of each specific cookie, and will remain valid until its set expiry date (unless deleted by the user before the expiry date).

We also use other types of tracking technologies, such as pixel gifs in connection with our Website. These technologies are similar to cookies in that they are stored on your device and can be used to maintain information about your activities and preferences.

For what purposes does this Website use cookies?
Many cookies on this Website are used to remember the page changes or item or data selection our users do from page to page, to better understand our users’ needs and to optimize this service and experience, or to deliver advertisements more relevant to you and your interests, to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns, as further described in the table below.

As legally required, the processing of your Personal Data in the context of our use of cookies and other tracking technologies is based on your consent, provided when you click on the “I Agree“ button on the Website Cookie Banner. You will always be able to withdraw your consent and change your choice as described below. If you disable the cookies that we use, this may impact your user experience while on this Website.

What types of cookies does the Website use?
The table below summarizes the different types of cookies and other tracking technologies we use on the Website, together with their respective purposes and duration.

Functional cookies

Cookie Purpose	Purpose of the Cookie	Duration of the Cookie
Hotjar Cookies with names beginning _hj Common Hotjar cookies are,_hjClosedSurveyInvites,_hjDonePolls, _hjMinimizedPolls, _hjShownFeedbackMessage, _hjid, _hjRecordingLastActivity, _hjTLDTest, _hjUserAttributesHash,_hjCachedUserAttributes, _hjLocalStorageTest, _hjIncludedInSample, _hjAbsoluteSessionInProgress	We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.	Session

Analytics Cookies

Cookie Purpose	Purpose of the Cookie	Duration of the Cookie
Google Analytics Cookies with names beginning _ut Common Google Analytics cookies are, _utma, _utmb, _utmc, and _utmz.	Google Analytics is a web analytics service provided by Google, Inc. (“Google”). These cookies are used to collect information about how visitors use the Website. We use the information to compile reports and to help improve the Website. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the Website from and the pages visited. For more information about Google Analytics, please consult the following pages: www.google.com/policies/privacy/partners/ The page code.google.com which describes the use of cookies by Google Analytics Overview of the privacy policy of Google Analytics You can also stop the collection of your usage data and the processing of the data by Google by downloading and installing the extension for your current browser from the following link: https://tools.google.com/dlpage/gaoptout	Persistent

Third-Party Cookies

Cookie Purpose	Purpose of the Cookie	Duration of the Cookie
Facebook pixel	We use the Facebook pixel to serve you with advertisements that may be relevant to you and your interests, including interest-based advertising, and to help us measure the effectiveness of our advertisements. For more information about how your Personal Data is stored and processed by Facebook, please visit: https://www.facebook.com/policy.php and for more information about your ability to control your preferences, please visit: https://www.facebook.com/ds/preferences/	Persistent

When you visit the Website, you may receive cookies from third-party websites or domains. We do not control the placing of these cookies and you should check the relevant third party’s website for more information about these cookies. The relevant third party is responsible for providing you with information regarding the cookies they place and obtaining your consent before placing cookies on your device.

How can you control, delete or withdraw your consent to the use of cookies?
If you wish to withdraw your consent to our use of cookies or other tracking technologies on this Website, or if you wish to delete or control the placing of cookies on your computer, you can use the tools described in the table above or change your browser settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings at:

If you disable the cookies that the Website uses, this may impact your experience while on the Website.

You can also delete cookies already stored on your computer. Again, doing this may have a negative impact on the usability of many websites.