PRIVACY POLICY

Right
Description
Access
You have the right to know whether we process Personal Information about you, and if we do, to access Personal Information we hold about you and certain information about how we use it and who we share it with. You can request a copy of this Personal Information.
Portability
You have the right to receive a subset of the Personal Information you provide us in a structured, commonly used and machine-readable format and a right to request that we transfer such Personal Information to another party if we process it on the bases of (i) our contract with you or (ii) with your consent and when the processing is carried out by automated means.
Correction
If you believe that the Personal Information we hold about you is inaccurate or incomplete, you have the right to request its correction or modification.
Erasure
You may request that we erase the Personal Information we hold about you in the following circumstances: (i) where you believe it is no longer necessary for us to hold the Personal Information, (ii) we process it on the basis of your consent and you wish to withdraw your consent, (iii) we process your Personal Information on the basis of Spotzer’s legitimate interest and you object to such processing, (iv) you no longer wish us to use your Personal Information to send you marketing or (v) you believe that Spotzer is unlawfully processing your Personal Information.
Restriction of Processing
You have a right to require us to restrict processing of the Personal Information we hold about you in the following circumstances: (i) if you dispute the accuracy of your Personal Information, (ii) if the processing is unlawful and you object to its deletion, (iii) if you believe that we no longer need your Personal Information but that it is still necessary for you to establish, exercise or defend your legal rights or, (iv) if you have objected to our processing of Personal Information we hold about you.
Objection
You have the right to object to the processing of the Personal Information we hold about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such Personal Information or we need to process it in relation to legal claims.

Additional Terms re Processing

These Additional Terms apply only if you reside in the European Union (“EU”) and are in addition to all other provisions in this Privacy Policy to which Spotzer is bound.

For this section, the following are important definitions:

  • “GDPR” means the European Union General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
  • “Personal Information” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or  to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

For the services provided by Spotzer, Spotzer is a data processor acting on your behalf. As data processor, Spotzer will only act upon your instructions.


The duration of data processing shall be for the term designated under an agreement (which refers to this Privacy Policy) between you and Spotzer. The objective of the data processing is the performance of the services and as specified above in the “Use of Information” section above.


The scope and purpose of processing your data, including any Personal Information is described in this Privacy Policy.

This section does not limit or reduce any data protection commitments Spotzer makes to you in a services agreement between you and Spotzer and in this Privacy Policy.

Spotzer shall not engage another processor without your prior specific or general written authorization. In the case of general written authorization, Spotzer shall inform you of any intended changes concerning the addition or replacement of other processors, thereby giving you the opportunity to object to such changes.

Processing by Spotzer shall be governed by the GDPR terms in the EU. The subject matter and duration of the processing, the nature and purpose of the processing, the type of Personal Information, the categories of data subjects and your rights are set forth in your agreement, including these GDPR terms. In particular, Spotzer shall:

(a) process the Personal Information only on documented instructions from you (if you are “Controller” according to the GDPR), including with regard to transfers of Personal Information to a third country or an international organization, unless required to do so by Union law to which Spotzer is subject; in such a case, Spotzer shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;

(b) ensure that persons authorized to process the Personal Information have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

(c) take all measures required pursuant to Article 32 of the GDPR;

(d) ensure compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to Spotzer;

(g) at your choice, delete or return all the Personal Information to you after the end of the provision of services relating to processing, and delete existing copies unless Union law requires storage of the Personal Information;

(h) make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR.

Spotzer shall immediately inform you if, in its opinion, an instruction infringes the GDPR or other Union or Member State data protection provisions.

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Spotzer shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:

(a) the pseudonymisation and encryption of Personal Information;

(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

(c) the ability to restore the availability and access to Personal Information in a timely manner in the event of a physical or technical incident; and

(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

In assessing the appropriate level of security, account shall be taken of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Information transmitted, stored or otherwise processed.

Spotzer shall take steps to ensure that any natural person acting under the authority of Spotzer who has access to Personal Information does not process them except on instructions from Spotzer, unless he or she is required to do so by Union law.

Spotzer shall notify you without undue delay after becoming aware of a Personal Information breach.

Lawful Bases for Processing

We will only collect and process Personal Information about you where we have one of the following 6 lawful bases:

(i) Consent (where you have given consent), (ii) contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the services you have requested), (iii) legal obligation (to comply with a common law or statutory obligation), (iv) vital interest (to protect someone’s life), (v) public task (to perform a specific task in the public interest that is set out in law) and (vi) for legitimate interests.

Where we rely on your consent to process Personal Information, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. This consent may be withdrawn by you at any time (with effect for the future) by notifying us in writing. You do not need to provide us with a reason for your decision however you should bear in mind that this may affect our ability to provide our services to you.

If you have any questions about the lawful bases upon which we collect and use your Personal Information, please contact us (contact information provided below).

Transfer of Personal Information to Third Countries

We may transfer your Personal Information to third parties located at destinations outside the European Economic Area. The data protection and privacy laws of the jurisdictions to which the Personal Information will be transferred may not be as comprehensive as those in the European Union (if applicable to you); in which case New Stream will take measures to ensure a similar level of protection is provided to your Personal Information according to one of the following safeguards:

(a) Personal Information is transferred to countries that the European Commission has identified as the countries ensuring an adequate level of protection of Personal Information;

(b) In the case of recipients based in the United States of America, we may transfer Personal Information if recipients participate in the Privacy Shield program, which aims at ensuring the same level of protection of Personal Information as that applicable in Europe;

(c) We apply relevant standard contractual clauses approved by the European Commission or we rely on binding corporate rules which guarantee the security of your data.

Your Acceptance of this Policy

By submitting a request for our services or by continuing to browse Our Website, you agree to this Privacy Policy, and to any changes we may make to this Privacy Policy from time to time – without the need to notify you about such changes.

Changes to This Privacy Policy

We reserve the right to alter the Privacy Policy at any time. We will post any changes to the Privacy Policy on this page. It is recommended that you revisit this Privacy Policy regularly so as to be kept apprised of the updated Privacy Policy. Your continued use of the services following changes to this Privacy Policy means you accept these changes. If you do not agree to the altered privacy policy, you may stop using the services.

How To Contact Us

Should you have other questions or concerns about these privacy policies and if you believe that we are not adhering to our privacy or security commitments, please send us an email at privacy@spotzer.com.

Last Updated: January 30, 2020.