Legal Information

SmartOrder - European SaaS Distribution Platform

Privacy Policy

Last Updated: April 18, 2026

GDPR Compliance Notice: This Privacy Policy is designed to comply with the General Data Protection Regulation (GDPR) (EU) 2016/679 and applies to all users in the European Economic Area (EEA), including Germany and the Netherlands.

1. Data Controller

SmartOrder OÜ
Registry Code: [To be assigned]
Address: [Estonian Business Address]
Email: privacy@smartorder.eu
Data Protection Officer: dpo@smartorder.eu

2. Data We Collect

We collect and process the following categories of personal data:

  • Account Information: Name, email address, phone number, company name, business address
  • Order Data: Product orders, delivery addresses, order history, preferences
  • Communication Data: WhatsApp messages, voice transcriptions, customer support interactions
  • Technical Data: IP address, browser type, device information, cookies, usage analytics
  • Financial Data: Payment information (processed securely through Stripe), invoicing details, VAT numbers

3. Legal Basis for Processing

We process your personal data based on the following legal grounds:

  • Contract Performance: Processing necessary to provide our SaaS services (Art. 6(1)(b) GDPR)
  • Legitimate Interest: Improving our services, fraud prevention, security (Art. 6(1)(f) GDPR)
  • Legal Obligation: Tax compliance, accounting requirements (Art. 6(1)(c) GDPR)
  • Consent: Marketing communications, optional features (Art. 6(1)(a) GDPR)

4. How We Use Your Data

  • Provide and maintain our SaaS platform services
  • Process and fulfill orders placed through the system
  • Communicate with you about your account and orders
  • Provide customer support and respond to inquiries
  • Improve our services through analytics and user feedback
  • Comply with legal and regulatory obligations
  • Detect and prevent fraud, abuse, and security incidents

5. Data Sharing and Transfers

We may share your data with:

  • Service Providers: Cloud hosting (AWS EU), payment processing (Stripe), analytics tools
  • Business Partners: Your suppliers and customers as necessary for order fulfillment
  • Legal Authorities: When required by law or to protect our rights

All data transfers outside the EEA are protected by appropriate safeguards (Standard Contractual Clauses, adequacy decisions).

6. Your Rights Under GDPR

You have the following rights regarding your personal data:

  • Right of Access: Request a copy of your personal data
  • Right to Rectification: Correct inaccurate or incomplete data
  • Right to Erasure: Request deletion of your data ("right to be forgotten")
  • Right to Restriction: Limit how we use your data
  • Right to Data Portability: Receive your data in a structured, machine-readable format
  • Right to Object: Object to processing based on legitimate interests
  • Right to Withdraw Consent: Withdraw consent at any time (where applicable)

To exercise these rights, contact us at: privacy@smartorder.eu

7. Data Retention

We retain your personal data for as long as necessary to:

  • Provide our services to you
  • Comply with legal obligations (e.g., tax records: 7 years in Germany, 7 years in Netherlands)
  • Resolve disputes and enforce our agreements

8. Security Measures

We implement appropriate technical and organizational measures to protect your data, including:

  • Encryption of data in transit (TLS/SSL) and at rest
  • Regular security audits and penetration testing
  • Access controls and authentication mechanisms
  • Employee training on data protection

9. Cookies and Tracking

We use cookies and similar technologies for:

  • Essential functionality (authentication, session management)
  • Analytics (understanding how users interact with our platform)
  • Performance optimization

You can manage cookie preferences through your browser settings.

10. Contact and Complaints

For privacy-related inquiries: privacy@smartorder.eu

You have the right to lodge a complaint with your local data protection authority:

  • Germany: Bundesbeauftragter für den Datenschutz und die Informationsfreiheit (BfDI)
  • Netherlands: Autoriteit Persoonsgegevens (AP)
  • Estonia: Andmekaitse Inspektsioon (AKI)

Terms of Service

Last Updated: April 18, 2026

Agreement: By accessing or using SmartOrder, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

1. Service Description

SmartOrder provides a cloud-based Software-as-a-Service (SaaS) platform for food distributors operating in the European market. Our services include:

  • Order management and processing
  • Multi-channel order intake (web, mobile, WhatsApp, voice)
  • AI-powered order parsing and automation
  • Route optimization and logistics management
  • Customer relationship management (CRM)
  • Analytics and reporting

2. Eligibility

To use SmartOrder, you must:

  • Be at least 18 years old
  • Represent a legitimate business entity
  • Have the authority to bind your organization to these terms
  • Provide accurate and complete registration information

3. Account Registration and Security

  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized access
  • You are responsible for all activities under your account
  • We reserve the right to suspend or terminate accounts that violate these terms

4. Subscription and Pricing

  • Subscription Plans: We offer various subscription tiers with different features and pricing
  • Billing: Subscriptions are billed monthly or annually in advance
  • Payment: All payments are processed securely through Stripe
  • Price Changes: We may change prices with 30 days' notice
  • Taxes: Prices exclude applicable VAT, which will be added at checkout

5. Free Trial

We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

6. Cancellation and Refunds

  • You may cancel your subscription at any time through your account settings
  • Cancellations take effect at the end of the current billing period
  • No refunds for partial months or unused portions of the service
  • We reserve the right to offer refunds at our discretion

7. Acceptable Use Policy

You agree NOT to:

  • Use the service for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Infringe on intellectual property rights
  • Transmit viruses, malware, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the service
  • Use the service to spam or harass others
  • Resell or redistribute the service without permission

8. Intellectual Property

  • SmartOrder and all related trademarks, logos, and content are our property
  • You retain ownership of your data and content
  • You grant us a license to use your data to provide the service
  • We may use anonymized, aggregated data for analytics and improvements

9. Data Ownership and Portability

  • You own all data you input into the system
  • You can export your data at any time
  • Upon termination, we will retain your data for 30 days before deletion
  • You can request data deletion at any time (subject to legal retention requirements)

10. Service Availability and Support

  • Uptime: We strive for 99.9% uptime but do not guarantee uninterrupted service
  • Maintenance: We may perform scheduled maintenance with advance notice
  • Support: Support is provided via email and in-app chat during business hours

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • SmartOrder is provided "AS IS" without warranties of any kind
  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability is limited to the amount you paid in the last 12 months
  • We are not responsible for third-party services or integrations

12. Indemnification

You agree to indemnify and hold SmartOrder harmless from any claims, damages, or expenses arising from your use of the service or violation of these terms.

13. Modifications to Terms

We may modify these terms at any time. We will notify you of material changes via email or in-app notification. Continued use after changes constitutes acceptance.

14. Termination

We may terminate or suspend your account immediately for:

  • Violation of these terms
  • Non-payment
  • Fraudulent or illegal activity
  • At our discretion with 30 days' notice

15. Governing Law and Jurisdiction

These terms are governed by the laws of Estonia. Disputes shall be resolved in the courts of Tallinn, Estonia, or through binding arbitration.

16. Contact Information

For questions about these Terms of Service:
Email: legal@smartorder.eu
Address: SmartOrder OÜ, [Estonian Business Address]

Impressum (Legal Notice)

Last Updated: April 18, 2026

German Legal Requirement: This Impressum (legal notice) is required under German law (§5 TMG) for all commercial websites and services operating in Germany.

Company Information

Company Name: SmartOrder OÜ
Legal Form: Osaühing (Estonian Private Limited Company)
Registry Code: [To be assigned by Estonian Commercial Register]
VAT ID: EE[To be assigned]

Registered Address

[Street Address]
[Postal Code] [City]
Estonia

Contact Information

Email: info@smartorder.eu
Phone: +372 [Estonian Phone Number]
Website: https://www.smartorder.eu

Authorized Representatives

Managing Director: [Name]
Authorized to represent: Individually authorized

Supervisory Authority

Estonia:
Estonian Commercial Register (Registrite ja Infosüsteemide Keskus)
Lõõtsa 4, 11415 Tallinn, Estonia

Professional Liability Insurance

Insurance Provider: [To be determined]
Coverage Area: European Union

Dispute Resolution

EU Online Dispute Resolution Platform:
https://ec.europa.eu/consumers/odr

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but we are willing to do so.

Responsible for Content (§55 Abs. 2 RStV)

[Name of Responsible Person]
[Address]
[Email]

Disclaimer

Liability for Content: The contents of our pages have been created with the utmost care. However, we cannot guarantee the accuracy, completeness, or timeliness of the content.

Liability for Links: Our website contains links to external websites. We have no influence on the content of these websites and therefore cannot accept any liability for them.

Copyright

The content and works on these pages created by the site operators are subject to Estonian and international copyright law. Duplication, processing, distribution, or any form of commercialization beyond the scope of copyright law requires the prior written consent of SmartOrder OÜ.

Data Protection Officer

Name: [To be appointed]
Email: dpo@smartorder.eu

Alternative Dispute Resolution

In accordance with the Regulation on Online Dispute Resolution in Consumer Matters (ODR Regulation), we would like to inform you about the online dispute resolution platform (OS platform).

Consumers have the option of submitting complaints to the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr

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