Legal Notices

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the www.smartside.fr website are informed of the identity of the various parties involved in its implementation and monitoring:

Owner: SMARTSIDE 4 impasse Sandrié 75009 Paris

Creator : SMARTSIDE

Publication manager: SMARTSIDE

Graphic designer : Antoine Peltier / Development : Andy Camicci

Web hosting : WP ENGINE - London

SMARTSIDE is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is forbidden, except prior written authorization.

Any unauthorized use of the site or any of the elements it contains will be considered as an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

The site www.smartside.fr contains a certain number of hypertext links leading to other sites, set up with the authorization of SMARTSIDE. However, SMARTSIDE has no possibility to verify the content of the sites thus visited, and therefore assumes no responsibility for it.

Browsing the site www.smartside.fr is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of traffic.

The site is declared to the CNIL because it collects personal information.

Below are the legal notices and the General Conditions of Use which take into account the obligations of the CNIL and the General Regulation on Data Protection (RGPD) for the https://www.smartside.fr website.

DEFINITIONS

Customer: any professional or capable natural person within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these terms and conditions.

Benefits and Services: https://www.smartside.fr makes available to the Customers :

Contents: All the elements constituting the information present on the Site, in particular texts - images - videos.

Customers Information: Here after referred to as "Information(s)" which corresponds to all personal data that may be held by https://www.smartside.fr for the management of your account, customer relationship management and for analysis and statistical purposes.

User: Internet user connecting, using the mentioned site.

Personal information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the persons to which it applies" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data", "person concerned", "subcontractor" and "sensitive data" have the meaning defined by the General Regulations on Data Protection (RGPD: No. 2016-679).

1. PRESENTATION OF THE WEBSITE

In accordance with article 6 of law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.smartside.fr website are informed of the identity of the various parties involved in its implementation and monitoring:

Owner: SAS Smartside, capital of 7000€ - 4 impasse Sandrié, 75009 Paris

Publication manager: SMARTSIDE.

Webmaster : Andy Camicci & Emilien Bajeux

Host : Amen - 12-14 Rond Point des Champs Elysées 75008 Paris 0 811 88 77 66

Data Protection contact: contact@smartside.fr

2. GENERAL CONDITIONS OF USE OF THE SITE AND SERVICES OFFERED

The purpose of the website https://www.smartside.fr is to provide information concerning all of the company's activities. https://www.smartside.fr strives to provide information on the website https://www.smartside.fr that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether caused by itself or by third party partners who provide it with this information.

All the information indicated on the site https://www.smartside.fr is given as an indication, and is likely to evolve. In addition, the information on the site https://www.smartside.fr is not exhaustive. They are given subject to changes that have been made since they were put online.

3. DESCRIPTION OF THE SERVICES PROVIDED

The Site is an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may in no way reuse, transfer or exploit for his own account all or part of the elements or works of the site.

The use of the site https://www.smartside.fr implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the https://www.smartside.fr site are therefore invited to consult them on a regular basis.

This website is normally accessible to users at any time. However, an interruption for technical maintenance may be decided by https://www.smartside.fr, which will then endeavour to inform users in advance of the dates and times of the intervention. The website https://www.smartside.fr is regularly updated by the people responsible for https://www.smartside.fr. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to take note of them.

4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The site uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a latest-generation browser updated. The site https://www.smartside.fr is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679).

The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance, improvement of its infrastructures, failure of its infrastructures or if the services generate traffic deemed abnormal.

https://www.smartside.fr and the host cannot be held responsible in the event of malfunction of the internet network, telephone lines or computer and telephony equipment related in particular to network congestion preventing access to the server.

5. INTELLECTUAL PROPERTY AND COUNTERFEITS

https://www.smartside.fr is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without prior written permission from: https://www.smartside.fr.

Any unauthorized use of the site or any of the elements it contains will be considered as an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. LIMITATIONS OF LIABILITY

https://www.smartside.fr acts as the publisher of the site. https://www.smartside.fr is responsible for the quality and truthfulness of the content it publishes.

https://www.smartside.fr cannot be held responsible for any direct or indirect damage caused to the user's equipment, when accessing the https://www.smartside.fr website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

https://www.smartside.fr can also not be held responsible for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the website https://www.smartside.fr. Interactive spaces (possibility to ask questions in the contact space) are available to users. https://www.smartside.fr reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://www.smartside.fr also reserves the right to question the civil and/or criminal liability of the user, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. MANAGEMENT OF PERSONAL DATA

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 6 August 2004 and the General Regulations on Data Protection (RGPD: No. 2016-679).

7.1 PERSONS RESPONSIBLE FOR THE COLLECTION OF PERSONAL DATA

For Personal Data collected in the context of the creation of the User's personal account and his navigation on the site, the person responsible for processing Personal Data is: Smartside. https://www.smartside.frest represented by Yaël Gabison, its legal representative.

As the person responsible for processing the data it collects, https://www.smartside.fr undertakes to respect the framework of the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever https://www.smartside.fr processes Personal Data, https://www.smartside.fr takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which https://www.smartside.fr processes them.

7.2 PURPOSE OF THE COLLECTED DATA

https://www.smartside.fr is likely to process all or part of the data:

https://www.smartside.fr does not market your personal data, which are therefore only used by necessity or for statistical and analytical purposes.

7.3 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION

In accordance with the European regulations in force, the users of https://www.smartside.fr have the following rights:

- right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users' data, right to block or delete Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or retention is prohibited

- right to withdraw consent at any time (section 13-2c GDAR)

- right to limit the processing of Users' data (article 18 RGPD)

- right to object to the processing of Users' data (article 21 RGPD)

- the right to the portability of the data provided by the Users, when these data are subject to automated processing based on their consent or on a contract (article 20 RGPD)

- the right to determine the fate of the Users' data after their death and to choose to whom https://www.smartside.fr will have to communicate (or not) their data to a third party that they will have previously appointed

- to enable browsing on the Site and the management and traceability of the services ordered by the user: connection and site usage data, invoicing, order history, etc.

- to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for browsing, IP address, password (hash), etc.

- to improve navigation on the Site: connection and usage data

- to conduct optional satisfaction surveys on https://www.smartside.fr: email address

- to conduct communication campaigns (sms, email): phone number, email address

As soon as https://www.smartside.fr becomes aware of the death of a user and in the absence of instructions from him, https://www.smartside.fr undertakes to destroy his data, except if their conservation proves necessary for evidentiary purposes or to meet a legal obligation.

 If the user wishes to know how https://www.smartside.fr uses his Personal Data, to ask to rectify them or to oppose their treatment, the user may contact https://www.smartside.fr in writing at the following address

Smartside – 4 impasse Sandrié, 75009 Paris 

In this case, the user must indicate the Personal Data that he would like https://www.smartside.fr to correct, update or delete, identifying himself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.smartside.fr by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://www.smartside.fr may file a complaint with the control authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 NON-DISCLOSURE OF PERSONAL DATA

https://www.smartside.fr will not process, host or transfer the information collected about its customers to a country outside the European Union or recognized as "unsuitable" by the European Commission without prior notice to the customer. However, https://www.smartside.fr remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (RGPD: n° 2016-679).

https://www.smartside.fr undertakes to take all necessary precautions to preserve the security of the information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of https://www.smartside.fr, the latter must inform the customer as soon as possible and communicate the corrective measures taken. In addition, https://www.smartside.fr does not collect any "sensitive data".

The User's Personal Data may be processed by subsidiaries of https://www.smartside.fr and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of https://www.smartside.fr users are mainly our customer service agents.

8. INCIDENT NOTIFICATION

No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their accounts and to providing them with all necessary information to help them meet their own regulatory reporting obligations.

No personal information of the user of the https://www.smartside.fr website is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of https://www.smartside.fr and its rights would allow the transmission of the said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the https://www.smartside.fr site.

SECURITY

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.smartside.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.

When processing Personal Data, https://www.smartside.fr takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. HYPERTEXT LINKS "COOKIES" AND INTERNET TAGS

The site https://www.smartside.fr contains a certain number of hypertext links to other sites, set up with the authorization of https://www.smartside.fr. However, https://www.smartside.fr has no possibility to verify the content of the sites thus visited, and consequently will not assume any responsibility for it.

Unless you decide to disable cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the site.

9.1 COOKIES

A "cookie" is a small information file sent to the User's browser and stored on the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the user's domain name, the User's Internet service provider, the User's operating system, and the date and time of access. Cookies can in no way damage the User's terminal.

https://www.smartside.fr is likely to process the User's information concerning his visit to the Site, such as the pages consulted, searches carried out. This information allows https://www.smartside.fr to improve the content of the Site and the User's navigation.

Cookies facilitate navigation and/or the provision of the services offered by the Site, the User can configure his browser to allow him to decide whether or not to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User may also configure his browser software in such a way that the acceptance or rejection of Cookies is offered to him from time to time, before a Cookie is likely to be saved in his terminal. https://www.smartside.fr informs the User that, in this case, it is possible that not all the functions of his browser software are available.

If the User refuses to save Cookies in his terminal or browser, or if the User deletes those saved, the User is informed that his navigation and experience on the Site may be limited. This may also be the case when https://www.smartside.fr or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.

Where applicable, https://www.smartside.fr declines all responsibility for the consequences related to the degraded functioning of the Site and any services offered by https://www.smartside.fr, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.smartside.fr to record or consult the Cookies necessary for their functioning due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will show how the User can modify his wishes regarding Cookies.

At any time, the User may choose to express and modify his/her wishes regarding Cookies. https://www.smartside.fr may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus appearing on https://www.smartside.fr's website or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on https://www.smartside.fr's Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your devices (computer, tablet, cell phone).

These types of cookies are deposited on your devices only if you consent to them by continuing your navigation on the Website or mobile application of https://www.smartside.fr. At any time, the User may nevertheless revoke his consent for https://www.smartside.fr to deposit this type of cookies.

ARTICLE 9.2. INTERNET TAGS

https://www.smartside.fr may occasionally use Internet tags (also known as "tags", or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and thus store corresponding information, including the User's IP address) in a foreign country.

These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site. 

This technology allows https://www.smartside.fr to evaluate the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for https://www.smartside.fr, and provide other services related to the use of the Site and the Internet.

10. APPLICABLE LAW AND JURISDICTION.

Any dispute in connection with the use of the https://www.smartside.fr site is subject to french law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.

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