Privacy and Data Protection Policy
Article 1. General
SMARIN S.A.R.L. (whose registered office is at 32, Avenue Henry Dunant - 06100 NICE / FRANCE) acting as data controller, is committed to protecting and respecting your privacy. This notice (the "Privacy Notice") is designed to tell you about our practices regarding the collection, use and disclosure of information that you may provide via our website or our mobile applications (the "Platforms").
This Privacy Notice (together with our Terms and Conditions and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Article 2. Data collection
The legal basis for collecting your personal data is as follows : (i) the execution of a contract when you register on the site, or subscribe to other services provided by our site; (ii) Our legitimate vested interest in keeping you informed and developing our activity by sending you newsletters or informative emails. (iii) Your acceptance of social networking cookies, advertising cookies and Google Analytics cookies as detailed in article 8.
Your personal data is collected for one of the following purposes :
(i) Managing access and use of certain services available on the site.
(ii) Drawing up a file of registered users, Members, customers and prospects.
(iii) Sending newsletters, requests and promotional material. We provide you with the option of opting out of personal data collection if you should so wish.
(iv) Offering you the possibility of contacting other users on the site. We provide you with the option of opting out of personal data collection if you should so wish.
(v) Organising competitions, lotteries and other promotional operations excluding online gambling, which are subject to specific authorisation by the online gaming regulator.
(vi) Managing evaluations provided by people on products, services and content.
(vii) Providing personalised answers to any request for information.
(viii) Complying with our legal and regulatory obligations.
We will inform you, when collecting personal data, whether the data is mandatory or optional. Mandatory data is required for the services provided on site to work. You are free to provide or not provide optional data.
We may collect and process the following data about you :
2.1. Information you give us
You may give us information, including information that can identify you ("Personal Data"), when you use our Platforms, by filling in forms on the Platforms (such as the sign-up form), when you enter into any of our competitions, promotions or surveys, when you correspond with us by phone, e-mail or otherwise, and when you report a problem with our Platforms. The information you give us may include :
2.2. Information we collect automatically
2.2.1 If you sign up via social media authentication methods, SMARIN S.A.R.L. will access certain Personal Data (e.g. first name, surname, email etc.) in your social media account pursuant to the applicable terms and conditions of these social media platforms. We may also collect some of your Personal Data when you interact with third party social media features, such as "Like" functions.
2.2.2 With regard to each of your visits to our Platforms we may collect, in accordance with applicable laws and where required with your consent, information relating to the devices you use and the networks you are connected to when using our services. This may include the following information : your IP address, log-in information, browser type and version, browser plug-in types and versions, operating system and platform, advertising identifier, information about your visit including the URL clickstream to, through and from our Platforms, products you viewed or searched for, download errors, length of visits to certain pages, page interaction and any phone number used to call our customer service number. We collect this information through the use of various technologies including cookies.
2.2.3 We also collect aggregated information regarding your activity on our Platform (such as the number of suitcases kept, your message response rate, etc.). Such information may be published on your public profile on our Platform.
2.3. Data retention
Your Personal Data will be stored for the duration of your relationship with us.
Article 3. How do we use the information we collect from you ?
We will use the information we collect from you for two reasons :
- To provide personalised services unique to individual users.
- To help us to monitor and improve the services we offer.
Article 4. Targeted ads on social media platforms and our communications sent by e-mail and/or text messages
In accordance with applicable laws and where required with your consent, we may use the information you give us on our Platforms for electronic direct marketing purposes (e.g. (i) receiving our newsletters, invitations to our events or other communications that we think may interest you or (ii) serving you with targeted advertising on social media platforms or third parties websites).
For electronic marketing communications : You can withdraw your consent at any time by (i) clicking on the unsubscribe link we provide in each of our communication sent to your attention or (ii) contacting us using the contact details provided in section 10 below.
For targeted ads and content :
- on social media (e.g. Facebook and Twitter) : you can object at any time by configuring your settings regarding advertisement via your social media account;
- on third party websites.
Article 5. Is your Information being transferred ? how and where ?
We store the Personal Data that we hold about you in the European Union ("EU").
Article 6. What are your rights in respect of your personal data ?
6.1 Where permitted by law, you may have the right to obtain a copy of Personal Data that we hold about you. Before responding to your request, we may ask you to (i) verify your identity and (ii) provide further details so we can better respond to your request. We will endeavour to respond within an appropriate timeframe and, in any event, within any timeframe required by law. If you want to exercise this right, please contact us using the contact details provided below (see section 10).
6.2 As a member of our Platforms, you can access the Personal Data we hold about you via your account to correct, amend, or delete information that is inaccurate. You may also update or delete your Personal Data by contacting us, using the contact details provided below (see section 10).
Please note that in some cases we may retain certain information about you as required by law, or for legitimate purposes. For instance, if we believe you have committed fraud or violated our Terms and Conditions, we may want to keep some of your information to avoid that you circumvent the rules applicable to our Platforms.
You also have the right to make a complaint to the relevant data protection supervisory authority or to seek a remedy through the courts if you believe that your rights have been breached.
6.3 You have the right to define the protocols for how and if your data will be conserved, deleted or communicated after your death.
The directives for the management of your data after your death may be general; they may apply to all your personal data. They must, in such a case, be registered with a secure digital third-party certified by the CNIL.
Your directives may also be specific to the data managed by our company. If so, you should communicate your wishes to us according to the procedure indicated in article 10 below. In transmitting these directives, you explicitly authorise us to store, communicate and execute your instructions in accordance with this agreement.
You may designate a person responsible for the execution of your directives. This person will then be authorised to consult your directives and request their implementation by us. If you do not designate a person responsible for the execution of your directives, your descendants will be responsible for and have the authority to request the implementation of your directives.
You can change or revoke your directives at any time, according to the procedure laid out in article 10 below.
6.4 You have the right to view and remove (portability) the data that you enter into our site actively and consciously with the purpose of accessing and using our services, and the data generated by your activity when using these services. We stress that this right does not extend to data collected and processed under any other legal framework, outside of the scope of the contractual agreement between us.
This (legal) right may be exercised at any time, and notably when your account is closed on the site, in order to retrieve and conserve your personal data.
Consequently, we will send you your personal data in the format which we deem suitable, in an open, industry standard, commonly used, machine-readable format.
6.5 Please be informed that you also have the right to have your case reviewed by an appropriate controlling authority (the National Commission for Information Systems Freedoms (CNIL) in France, in the European member state in which you normally reside, your place of work or the location in which you believe your rights have been infringed, if you consider that the processing of your personal data has infringed the conditions of this charter.
This claim may be made without prejudice to any other claims or cases brought before the administrative or judicial courts. You have the right to take legal action (administrative or judicial) if you consider that your data (as defined in this charter) was processed contrary to regulatory texts.
6.6 You have the right to limit the processing of your personal data, in the following cases: - During the verification process that we implement, if you determine that your personal data is incorrect, - If you determine that your data is being processed illegally, and you wish to limit the processing of your data rather than delete it, - If we no longer need your personal data, but you would like to retain it, as is your right. - During a period of verification of legitimate cause, during which you may oppose the processing of your personal data.
Article 7. Cookies & similar technologies
SMARIN S.A.R.L. uses cookie technology in order to offer you a better and more personalised web service.
A cookie is a small text file that is stored and/or read by your web browser on the hard disk of your end device (e.g. computer, laptop or smartphone) by websites you visit. Nearly every website uses cookie technology to make websites work and to optimize design and functionality. Cookies also make your interactions with websites more secure and faster, since they can remember your preferences (e.g. such as login and language), by sending the information they contain back to the originating website (first-party cookie) or to another website to which it belongs (third-party cookie), when you revisit the respective website using the same end device. Based on the function and the purpose for which cookies are used they are typically divided into the following categories, which are used by SMARIN S.A.R.L. on this website :
Strictly necessary cookies enable you to move around the website and use its basic functions. They are usually only set in response to actions made by you which amount to a request for services, such as log into a secure area of our website. These cookies are indispensable for the use of this website.
Functional cookies are used to recognise you when you return to our website and enable us to offer you improved and more personalised functions like greet you by name and remember your preferences (e.g. your choice of language or region).
Analytical and performance cookies allow us to recognise and count the number of visitors and to gather information about how the website is used (e.g. which pages a visitor opens most often and whether the user receives error messages from some pages). This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Marketing and targeting cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. We may also share this information with third parties (such as advertisers) for this purpose.
You can withdraw your cookie consent at any time by using the preference settings of your web browser.
Article 8. Confidentiality of your password
Where you have chosen a password which enables you to access certain parts of our Platforms, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Article 9. Links to other websites and social media
Our Platforms may contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy practices and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.
Article 10. Contact
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your Personal Data, you can do so by sending an email to firstname.lastname@example.org or by sending a letter to the address mentioned at the beginning of this document.
Article 11. Protection by reCAPTCHA
Article 12. Cookie consent
Revision date : 16/05/2022