SMARTONE'S PRIVACY POLICY UNDER FRENCH LAW AND THE GENERAL DATA PROTECTION REGULATION (GDPR)

SmartOne respects your privacy and understands your need to protect the personal information you provide to us.

This Privacy Policy describes the terms and purposes of the collection, processing, use and disclosure of personal data and other information provided by visitors and users of our websites (the "Websites"), as well as all applications, widgets, software, etc. features, tools and other services provided by us and on which a link to this Policy is displayed (collectively, in conjunction with the Websites, hereinafter our "Services").

The Parties acknowledge that:

- the term "visitor" simply refers to the persons who browse the Websites and provide personal data in order to carry out interactive demonstrations, test features or perform activities, such as downloading free brochures or firmware authorized by SmartOne and specified in the Websites;

- refers to the term "user" who has registered with SmartOne directly or through a reseller, partner or distributor in order to access and activate SmartOne's services (including the trial version) in accordance with SmartOne's terms of use and terms (see www.smart-one,en/content/2-legal-information).

When we refer to the visitor and the user interchangeably, we use the term "you".

By using our services, you consent to the collection, processing (even automated), use and disclosure of your data in accordance with this policy, which is incorporated by reference into SmartOne's terms of use (www.smart-one,en/content/2-legal-information). You also agree to the collection, processing (even automated) and use of Your data by the SmartOne data center and its suppliers located in different countries (Europe and the United States) in order to ensure better performance and reliability.

The SmartOne Sites and Services are not intended for children under the age of 18. SmartOne does not intentionally collect data from children under the age of 18. If data relating to minors has been inadvertently recorded, please contact us at webmaster@smart-one.fr and we will cancel it immediately.

 

1. Data processed (hereinafter collectively referred to as "Data").

1.1. Data voluntarily provided.

1.1.1. To access, activate and use the services, the user and visitor may be required to provide certain personal data, such as:

- Name and surname or company name;
- address / address of the company;
- E-mail address;
- personal/mobile phone number;
- Etc.

1.1.2. The user may be required to provide additional identification data, such as, for example, but not limited to, his date of birth, gender and area of interest.

1.1.3. Other personal information voluntarily provided by the user and the visitor, for example, data from the public profile of social networks that the user or visitor has decided to make visible and public (such as photos, videos, etc.) may be collected, processed and used in accordance with this privacy policy. For more information on the collection and use of this data by social networks in general, as well as on the rights and methods available to protect the privacy of the data subject in this context, see the specific privacy policy followed by the social network.

1.1.4. Additional identifiable data relating to a person and/or company and the activity carried out by it may be requested when the processing of the data is necessary to establish a professional and/or commercial relationship.

1.2. Passively - Data provided.

1.2.1. When you visit our websites or use our services, additional data is automatically collected. Computer systems and software procedures for the operation of websites collect, during their normal operation, data whose transmission is involved in the use of Internet communication protocols. By their nature, this data could allow the identification of users and / or visitors and network devices, also through processing and association with data held by third parties.

This category of data includes, for example, the IP addresses or domain names of computers used by users and visitors who connect to websites, the URI (uniform resource identifier) of the requested resources, the time of the request, the method used to address the request to the server, the size of the file obtained in response, the numerical code indicating the status of the server response (success, error, etc.) and other parameters related to the operating system, network devices, computer environment and communication protocols of users and visitors. This data may also be processed in accordance with this privacy policy.

2. Purposes of the processing.

2.1. Data processing, even automated, is aimed at accessing, activating and providing services.

2.2. Data may also be processed, or even automated, by us or our partners for various purposes related to our business, for example, but not limited to:

2.2.1. to answer your questions, personalise your experience on our websites and keep you informed of the latest announcements regarding features, software updates, special offers or other information;

2.2.2. in order to obtain statistical information relating to the use of the Services and to verify their proper functioning;

2.2.3. in order to send descriptive, promotional and informative material.

2.3. In the cases referred to in 1.1.4. Data may be processed, for example, but not limited to, to verify compliance with software agreements and licenses, to track software downloaded, or to track the use of other services available on our websites or portals.

2.4. The data may be processed to fulfil the obligations set out in current legislation and may also be transmitted to the competent authorities, which may request it. The data can be used to establish illegal activities.

2.5. Data shall be monitored to prevent abuse, such as:

- attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, by means of password mining or any other means;

- transmit any material containing viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious program;

- interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

- by creating a false identity or trying to mislead others as to the identity of the user who uses the Websites;

- intentionally or unintentionally violate any applicable local, national, international or international law.

3. Data processing methods.

3.1. The processing of data will be carried out in accordance with the principles of accuracy, lawfulness and transparency and the principles of protection of privacy and protection of users' rights.

3.2. The data will be processed using tools and procedures, even automated, to guarantee security and confidentiality in accordance with the laws in force. Data processing can be carried out on paper or electronically.

3.3. In accordance with the principles of legality, purpose limitation and data minimization, also pursuant to Art. 5 GDPR, the data will only be processed for the purposes for which they were collected or for which they are further processed.

3.4. The data will not be disclosed except in these cases:

3.4.1. The data may be disclosed to the service provider or, in general, to all subjects who carry out activities aimed at providing services (e.g. payment system provider, CRM provider, marketing automation software provider).

3.4.2. The data may be disclosed and transmitted to a prospective buyer, replacement or assignee in the event of a merger, acquisition, loan, transfer of company assets or other similar transactions.

3.4.3. The data may be disclosed to commercial and commercial resellers, partners and distributors.

3.4.4. The data may be disclosed to connected companies, which in turn may process the data in accordance with their privacy policy.

3.5 Websites may contain links to different websites, operated by a different company, which are not managed by SmartOne. SmartOne is not responsible for such data processing or disclosure. You are required to check the privacy policy of these websites and consent to the collection, processing and use of Your personal data in accordance with this policy.

3.6. Specific security measures shall be implemented in order to prevent data loss, unlawful or inappropriate use and unauthorised access.

4. Nature of data processing.

4.1. Consent to the processing of Data for the purposes mentioned in clauses 2.1, 2.3, 2.4 and 2.5 shall be considered mandatory. Otherwise, the user or visitor may be refused access, activation and provision of the service.

4.2. Consent to the processing of Data for the purpose of sending descriptive, promotional and/or informative material regarding our activities and for the products and Services mentioned in clause 1.1.4 shall be considered optional.

5. Data Controller.

5.1. The data controller is SmartOne, or any company that SmartOne will designate as data processing.

5.2. The data processing will be carried out by the employees or collaborators of SmartOne, or by any person acting, in any case, as data controller.

6. The rights of users and visitors within the meaning of Regulation (EU) 2016/679 (GDPR).

From 28 May 2018, the date on which the GDPR becomes directly applicable in all Member States, within the limits and in the manner defined in Articles 15 to 22 of the same Regulation, the user and the visitor have the right:

- request from the controller access to personal data, their rectification or erasure, or the restriction of processing concerning the data subject or to object to processing as well as the right to data;

- if the processing is based on the explicit consent of the data subject for one or more specific purposes, withdraw it at any time, without affecting the lawfulness of the processing based on consent before its withdrawal;

- file a complaint with the supervisory  authority: CNIL

For any complaint concerning the exercise of your rights you can send us an email at the address privacy@cdconnect.fr, call us at: 01 76 21 13 13.

7. Transfer of personal data abroad

7.1. Visitors and users are informed of the possibility that their data, for the purposes of preservation and provision of the services, may be transferred to servers located in West Virginia (USA), which guarantee an adequate and secure level of protection, in accordance with Article 45 of the GDPR.

7.2. In accordance with paragraph 3.4, regarding the disclosure of data to third parties, the data may also be transferred abroad if the mentioned third parties are located in a country other than the France.

8. Changes to this Privacy Policy.

8.1. SmartOne reserves the right to update and modify this Privacy Policy.

8.2. The updated version will come into force as soon as it is published on the Websites.

8.3. The user and visitor are required to periodically review this Privacy Policy and any updates and potential changes.

8.4. The uninterrupted use of the Services by the user or the visitor's navigation after the publication of the new privacy policy constitutes acceptance and acknowledgment of the modified version of the privacy policy by the user or visitor.

9. Governing Law and Forum

9.1. This privacy policy complies with EU Regulation 679/2016 (GDPR), directly applicable in all Member States from 28 May 2018.

9.2. The user and visitor may exercise their rights by sending a written notice to SmartOne at the address webmaster@smart-one.fr.

9.3. The collection and processing of data will be carried out in accordance with French law and the GDPR.

9.4. The court of Melun determines the exclusive jurisdiction to settle any dispute concerning the content, interpretation and implementation of this privacy policy.

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