Privacy Policy
[V1 – Online Version 1 July 10, 2026]
Last updated: 1 July 2026
SIMGASM B.V. (“SIMGASM,” “we”, “us”, or “our”) operates the online store at www.simgasm.com (the “Website”), through which it offers products, Personalized Products, and related services to customers (as those terms are defined in our General Terms and Conditions).
This privacy policy (“Privacy Policy”) describes how we collect, use, disclose, and protect personal data when you visit or use the Website, place an order, or otherwise communicate with us.
Throughout this Privacy Policy, the original Dutch term corresponding to an English legal or technical term is included in italics between brackets immediately following the relevant English term.
This Privacy Policy has been prepared in accordance with the General Data Protection Regulation (EU) 2016/679 (Algemene Verordening Gegevensbescherming, the “GDPR”), the Dutch GDPR Implementation Act (Uitvoeringswet AVG, the “UAVG”), and the Dutch Telecommunications Act (Telecommunicatiewet) insofar as it applies to cookies and electronic marketing communications.
1. Who We Are
The data controller (verwerkingsverantwoordelijke) for your personal data is:
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Trade name: |
SIMGASM B.V. |
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Legal form: |
Besloten vennootschap met beperkte aansprakelijkheid (‘B.V.’ a private company with limited liability); |
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Office / postal address: |
Lage Maat 13, 3961 NJ Wijk bij Duurstede, Utrecht, the Netherlands |
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Contact (WhatsApp): |
+31 6 30 500 006 |
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E-mail: |
hello@simgasm.com |
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Customer service: |
hello@simgasm.com |
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Chamber of Commerce (Kamer van Koophandel) No.: |
99925044 |
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VAT identification No.: |
NL869190362B01 |
2. Personal Data We Collect
Depending on how you interact with the Website, we may collect or process the following categories of personal data:
• Contact details: your name, billing address, shipping address, telephone number, and e-mail address.
• Financial information: payment card details, financial account information, transaction details, and payment confirmations. Payments are processed by Shopify Payments and/or third-party payment providers; we do not store full payment card numbers ourselves.
• Account information: your username, password (stored in encrypted form), and account preferences.
• Order and transaction information: the products you view, place in your cart, add to a wishlist, purchase, return, exchange, or cancel, and your order history.
• Personalization content (Consumer Content): for Personalized Products, the names, initials, photographs, custom text, images, and other content you submit for the purpose of personalizing your order, in accordance with our General Terms and Conditions. Where such content includes an image of a natural person, this may constitute personal data of that person, for which you warrant to us that you hold the necessary rights and consents in accordance with our General Terms and Conditions).
• Communications: information you provide when contacting our customer service, including via e-mail or WhatsApp.
• Device and usage information: your IP address, browser type, device identifiers, and information about how you navigate and interact with the Website, collected through cookies and similar technologies.
3. Sources of Personal Data
We may collect personal data about you from the following sources:
• Directly from you, for example when you create an account, place an order, submit Consumer Content, or contact us;
• Automatically, through your use of the Website and through cookies and similar technologies;
• From our service providers, in particular Shopify, which hosts the Website and processes payments and certain analytics on our behalf; and
• From other third parties, where relevant (for example, a payment provider confirming that a payment has been completed).
4. Purposes and Legal Basis for Processing
We only process your personal data where we have a valid legal basis under Article 6 GDPR. The table below sets out our principal processing purposes and the corresponding legal basis.
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Purpose |
Legal basis (Art. 6(1) GDPR) |
Example |
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Concluding and performing the Distance Contract (order processing, payment, delivery, production of Personalized Products, returns) |
Necessary for performance of a contract (Art. 6(1)(b)) |
Processing your order and arranging delivery |
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Creating and managing your account |
Necessary for performance of a contract (Art. 6(1)(b)) |
Storing your order history and preferences |
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Complying with statutory obligations |
Necessary for compliance with a legal obligation (Art. 6(1)(c)) |
Retaining invoices for tax purposes |
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Security and fraud prevention |
Legitimate interest (Art. 6(1)(f)) |
Detecting fraudulent transactions |
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Marketing communications to existing customers regarding similar products |
Legitimate interest / soft opt-in (Art. 6(1)(f)) |
Sending an e-mail about a new product line |
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Marketing communications to prospective customers or newsletter subscribers |
Consent (Art. 6(1)(a)) |
Sending a newsletter you signed up for |
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Non-functional cookies (analytics, advertising) |
Consent (Art. 6(1)(a)) |
Personalized advertising on other websites |
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Handling legal claims or disputes |
Legitimate interest / legal obligation (Art. 6(1)(c), (f)) |
Responding to a consumer complaint or legal process |
5. Automated Decision-Making and Profiling
We may use your purchase and browsing history to recommend products that may be of interest to you. This involves a limited form of profiling but does not result in decisions producing legal effects concerning you or similarly significantly affecting you. You may object to this form of profiling for direct marketing purposes at any time.
6. How We Disclose Personal Data
We may disclose personal data to the following categories of recipients, only to the extent necessary for the purposes described above:
• Shopify, which hosts the Website and provides payment processing, fraud prevention, and hosting infrastructure;
• Payment service providers, for the purpose of processing your payment;
• Delivery and logistics partners, for the purpose of delivering your order;
• Professional advisors and authorities, where required by law or to establish, exercise, or defend legal claims; and
• A prospective buyer in the context of a merger, acquisition, or asset sale involving SIMGASM, subject to appropriate confidentiality safeguards.
We do not sell personal data to third parties for monetary consideration.
7. Relationship with Shopify
The Website is hosted on the Shopify platform. Shopify processes personal data on our behalf as a processor (verwerker) within the meaning of Article 28 GDPR, under a data processing agreement between SIMGASM and Shopify. For certain enhanced features (for example, fraud detection or aggregated benchmarking across merchants), Shopify may act as an independent controller for specific processing activities; further information is available in the Shopify Consumer Privacy Policy at https://www.shopify.com/legal/privacy/consumers.
8. Your Rights Under the GDPR
Subject to the conditions and exceptions set out in the GDPR, you have the following rights in relation to your personal data:
• Right of access (Art. 15 GDPR): to obtain confirmation of, and access to, the personal data we hold about you;
• Right to rectification (Art. 16 GDPR): to have inaccurate personal data corrected;
• Right to erasure (Art. 17 GDPR): to have your personal data deleted in certain circumstances;
• Right to restriction of processing (Art. 18 GDPR);
• Right to data portability (Art. 20 GDPR): to receive your personal data in a structured, commonly used, machine-readable format;
• Right to object (Art. 21 GDPR): including an unconditional right to object to processing for direct marketing purposes at any time; and
• Right to withdraw consent (Art. 7(3) GDPR): where processing is based on consent, without affecting the lawfulness of processing carried out before withdrawal.
You may exercise these rights by contacting us at the contact details set out below. We may need to verify your identity before responding to your request. We aim to respond within one (1) month of receipt, which period may be extended by two (2) further months for complex requests, in accordance with Article 12(3) GDPR.
9. Cookies and Similar Technologies
We use cookies and similar technologies (such as pixels and local storage) on the Website. A cookie is a small text file that is placed on your device when you visit the Website.
We distinguish between the following categories:
· Functional cookies. These cookies are strictly necessary for the Website to function, for example to remember the contents of your shopping cart, to enable the checkout process, and to detect fraudulent transactions. These cookies fall within the exception of Article 11.7a(3) of the Dutch Telecommunications Act (Telecommunicatiewet) and do not require your prior consent.
· Analytics cookies. We use analytics cookies to understand how visitors use the Website, for example through Shopify Analytics and/or Google Analytics. Where these cookies allow us or third parties to identify you individually, we will only place them with your prior consent.
· Marketing and advertising cookies. We use cookies to show you personalized advertisements on the Website and on third-party websites, based on your browsing behavior. These cookies are only placed with your prior consent.
When you first visit the Website, a cookie banner will ask for your consent for the placement of analytics and marketing cookies. You may withdraw your consent at any time by adjusting your cookie preferences or by adjusting your browser settings. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.
A detailed overview of the specific cookies we use, including their provider, purpose, and duration, is available in our separate Cookie Statement at [link], which is also accessible via the cookie banner.
10. International Transfers
We may transfer, store, and process personal data outside the European Economic Area, including through Shopify Inc. and its affiliates. Where such a transfer takes place, we rely on an adequacy decision of the European Commission or, in the absence thereof, appropriate safeguards such as the European Commission's Standard Contractual Clauses, or equivalent mechanisms recognized under the GDPR. A copy of the relevant safeguards is available on request.
11. Data Retention
We retain personal data only for as long as necessary for the purposes for which it was collected, or as required by law. In particular:
- Order and invoice data: seven (7) years from the end of the relevant financial year, pursuant to the statutory bookkeeping obligation under Article 52 of the General State Taxes Act (Algemene Wet inzake Rijksbelastingen) and Article 2:10 of the Dutch Civil Code (Burgerlijk Wetboek).
- Account data: for as long as your account remains active, and for a further period of two (2) years after the account is closed or becomes inactive, to allow you to reactivate your account and to comply with our legal obligations.
- Consumer Content (personalized images, text, and similar submissions): for the duration of the production and delivery of the relevant Personalized Product, and for three (3) months thereafter to handle any warranty or complaint claims, unless you request earlier deletion.
- Customer service communications: for two (2) years after the last contact, to enable us to handle any follow-up questions or complaints.
- Marketing consent and preferences: until you withdraw your consent or unsubscribe, after which we retain a record of the withdrawal for evidentiary purposes for one (1) year.
- Security and fraud-prevention logs: for twelve (12) months, unless longer retention is necessary to investigate or resolve a specific incident.
- Cookie data: in accordance with the duration specified in our Cookie Statement.
Where we are no longer required to retain personal data for the purposes described above or under applicable law, we will delete or anonymize such data.
12. Children’s Data
The Website is not directed at children. We do not knowingly offer information society services directly to children under the age of 16, nor do we knowingly collect personal data from children under that age without the consent of a parent or legal guardian. If you believe we have inadvertently collected personal data from a child, please contact us using the contact details set out below so that we may delete it.
13. Security
We implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or misuse. No security measures are entirely infallible, and we recommend that you do not send sensitive information to us through unsecured channels.
14. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for legal or regulatory reasons. We will post the revised version on the Website and update the “Last updated” date accordingly.
15. Complaints
If you have concerns about how we process your personal data, please contact us first using the details below so that we may seek to resolve the matter. You also have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), or with the supervisory authority of your own EU member state of residence.
16. Contact
For questions about this Privacy Policy or to exercise any of the rights described above, please contact us at:
• E-mail: hello@simgasm.com
• Postal address: SIMGASM B.V., Lage Maat 13, 3961 NJ Wijk bij Duurstede, the Netherlands
