Privacy Policy

PRIVACY POLICY
Legal Notices and Privacy Policy

Due to its concern for individual rights, particularly in view of automated data processing, and its desire to be transparent with its customers, the SMIIRL company has implemented a policy that covers all such data processing, the purposes thereof, and the measures available to individuals so that they may best exercise their rights.
For any additional information about the protection of personal data, we encourage you to visit the website https://www.cnil.fr/.

Continued use of this website implies acceptance of the following provisions and terms of use, without reservation.
The version of these terms of use that is currently posted online is the only enforceable version for the entire period of use of the website until it is replaced by a new version.

Article 1: Legal Notices
1.1 Website (hereinafter "the website"): www.smiirl.com and my.smiirl.com

1.2 Publisher (hereinafter "the publisher"):

SMIIRL SAS, with capital of €12,651
and headquarters located at 18 Rue Soleillet, 75020 Paris, France,
represented by Gauthier Nadaud in his capacity as CEO,
registered with the Trade and Companies Register of Paris under No. 793409293
telephone: (09) 67-79-45-85
email: team@smiirl.com

1.3 Web host (hereinafter "the host"):

Smiirl is hosted by Amazon Web Services, with headquarters located at 31 Place des Corolles, 92400 Courbevoie, France.
1.4 Data Protection Officer (DPO):
A data protection officer, Gael Bergeron (gael@smiirl.com), is available to answer any questions about the protection of your personal data.

Article 2: Access to the Website
The website is to be accessed and used strictly for personal purposes. You agree not to use this website, or the information or data found on it, for commercial, political, or advertising purposes, or for any form of commercial solicitation, in particular by sending unsolicited emails.

Article 3: Website Content
All of the brands, photographs, texts, comments, illustrations, still or animated images, video clips, sounds, and software applications that may be used to run this website, and more generally, all items reproduced or used on the website are protected by the intellectual property laws in force.
They are owned in their entirety by the publisher or its partners. Any reproduction, copy, use, or adaptation in any form of any of these items, in whole or in part, including the software applications, without the prior written authorization of the publisher, is strictly prohibited. Should the publisher decline to bring legal proceedings upon discovery of such unauthorized use, this constitutes neither acceptance of said use nor a waiver of legal action.

Article 4: Website management
In the interest of proper website management, the publisher may at any time:

  • suspend, pause, or limit access to the whole or any portion of the website, or reserve access to the website, or certain portions thereof, to a specified category of web users;
  • delete any information that may disrupt website operations or conflict with national or international laws;
  • suspend the website in order to run updates.

Article 5: Liability
The publisher shall be held liable in the event of a failure, breakdown, difficulty, or suspension of operations that prevents access to the website or any of the features thereof.
You have sole responsibility for the hardware that you use to connect to the website. You must take all appropriate precautions to protect your hardware and your own data, particularly in the event of web-based viruses. Moreover, you have sole responsibility for the websites and data you view.

The publisher shall not be held liable in the event of legal action taken against you:

  • as a result of your use of the website or any service accessible via Internet;
  • as a result of your failure to comply with these general terms and conditions.

The publisher is not responsible for harm caused to you, to third parties, or to your equipment as a result of your connection to or use of the website, and you therefore waive any and all legal action against it.
Should the publisher be subject to arbitration or legal proceedings as a result of your use of the website, it may seek compensation from you for any and all harm, monies, damages, and fees that may stem from these proceedings.

Article 6: Hypertext Links
The publisher authorizes users to set up hypertext links to the website or a portion thereof. Any link must be removed upon simple request of the publisher.
No information accessible via a link toward other websites is provided by the publisher. The publisher has no rights regarding the content accessible via the said link.

Article 7: Data Collection and Protection

Your data are collected by the SMIIRL company.
Personal data are defined as any information regarding an identified or identifiable natural person (the individual data subject). A person is considered identifiable if he or she can be identified directly or indirectly, particularly through reference to a name, identification number, or one or more specific elements pertaining to his or her physical, physiological, genetic, psychological, economic, cultural, or social identity.
The personal data that may be collected on the website is used primarily by the publisher to manage its relationship with you and, if applicable, to process your orders.

The personal data collected are as follows:

  • Surname and given name
  • Mailing address
  • Email address
  • Telephone number
  • Company name; VAT number;
  • Country of Internet connection;
  • Facebook user ID;
  • Position and Company;
  • Financial information: The Platform records financial information regarding the user's credit card in the context of payment for the products and services offered on the Platform.

A data protection officer, Gael Bergeron (gael@smiirl.com), is available to answer any questions about the protection of your personal data.

Article 8: Rights of Access, Rectification, and De-Listing of Your Data

In accordance with regulations applicable to personal data, users have the following rights:

    • right of access: They may exercise their right of access, in order to view their personal data, by writing to the email address listed above. In this case, prior to complying with the request, the Platform may require proof of the user's identity in order to verify its accuracy;
    • right of rectification: If the personal data held by the Platform are inaccurate, users may ask that the information be updated;
    • right to deletion of data: Users may request the deletion of their personal data, in accordance with data protection laws;
    • right to restriction of processing: Users may request that the Platform restrict its processing of their personal data, under the circumstances provided for by the GDPR;
    • right to object to data processing: Users may object to the processing of their personal data, under the circumstances provided for by the GDPR;
    • right to data portability: Users may demand that the Platform make available to them the personal data that they have provided so that it can be transmitted to a new Platform.

    • You may exercise this right by contacting us at the following address:
    18 Rue Soleillet, 75020 Paris, France

    Or by email to:
    You may also contact our data protection officer, Gael Bergeron (gael@smiirl.com), who is available to answer any questions about the protection of your personal data.

    Any request must be accompanied by a photocopy of a valid identification document and must include the address at which the publisher may contact the person making the request. The reply will be sent within one month of receipt of the request. This one-month deadline may be extended by two months if necessary due to the complexity of the request and/or the volume of requests.

    Moreover, under Law No. 2016-1321 of October 7, 2016, individuals may decide what will become of their data after their death, if they so choose. For more information on this topic, you can consult the CNIL website: https://www.cnil.fr/.

    Users can also file a claim with CNIL on its website: https://www.cnil.fr.

    We recommend that you contact us first prior to filing a claim with CNIL; we will be happy to resolve your issue.

    Article 9: Use of Data

    The personal data collected from users are intended for the provision and improvement of the Platform's services and the maintenance of a secure environment. The legal basis for the processing is the execution of the contract between the user and the Platform. More specifically, the uses are as follows:

    • access and use of the Platform by the user;
    • management of Platform operations and optimization of the Platform;
    • implementation of a user help service;
    • verification, identification, and authentication of data transmitted by the user;
    • customization of services, by displaying advertisements based on the user's browsing history, according to user preferences;
    • prevention and detection of fraud and malware (malicious software), and management of security incidents;
    • management of any disputes with users;
    • sending of commercial and advertising information, based on user preferences;
    • set-up of terms of use of Payment Services.

    Article 10: Data Retention Policy

    The Platform retains your data for the necessary period of time to provide its services or assistance to you.
    Insofar as it is reasonably necessary or required in order to satisfy legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or apply our terms and conditions, we can also retain some of your information, if necessary, even after you have closed your account or after we no longer need the information to provide our services to you.

    Article 11: Sharing Personal Data with Third Parties

    Personal data may be shared with third-party companies only within the European Union, in the following cases:

    • when the user uses payment services; in order to provide these services, the Platform has a relationship with third-party banks and financial institutions, with which it has entered into contracts;
    • when the user posts publicly accessible information in the open comment sections of the Platform;
    • when the user authorizes access to its data by a third-party website;
    • when the Platform uses the services of other providers to provide user help, advertising, and payment services. These service providers have limited access to user data, within the scope of the execution of those services, and are contractually obligated to use the data in accordance with the provisions of personal data protection regulations;
    • if required by law, the Platform may transmit data in order to follow up on claims made against the Platform and comply with administrative and judicial proceedings.

    Article 12: Commercial Offers

    You may receive commercial offers from the publisher. If you do not wish to receive them, please click on the following link: support@smiirl.com.
    Your data may be used by the publisher's partners for market research purposes. If you object to this, please click on the following link: support@smiirl.com.
    If, while viewing the website, you access personal data, you must refrain from any collection or unauthorized use thereof, and from any action that may constitute an invasion of privacy or harm to the reputation of individuals. The publisher accepts no liability in this regard.
    Data are retained and used for a period of time consistent with current law.

    Article 13: Cookies

    What is a "cookie"?
    A "Cookie" or tracker is an electronic file placed on a terminal (computer, tablet, smartphone, etc.) and read, for example, upon viewing a website, opening an email, or installing or using a software program or mobile app, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).
    When you browse this website, "cookies" from the company that manages the website and/or from third parties may be placed on your terminal.
    The first time you browse this website, a banner will appear, explaining the use of "cookies." Subsequently, by continuing to browse the website, the customer and/or prospective customer shall be considered to have knowledge of, and to have accepted, the use of the so-called "cookies." This consent shall be valid for a period of thirteen (13) months. The user has the option to deactivate cookies from his/her browser settings.

    All collected information will be used only to monitor the volume, type, and configuration of traffic using the website; to develop the design and layout of the website; for other administrative and planning purposes; and, more generally, to improve the service that we offer you.

    The following cookies appear on this website:

    Google cookies:

    • Google Analytics: measures the website's audience;
    • Google Tag Manager: facilitates the implementation of tags on web pages and enables management of Google tags;
    • Google AdSense: Google advertising program using websites or YouTube videos as media for its advertisements;
    • Google Dynamic Remarketing: allows us to offer you dynamic advertising based on prior searches;
    • Google AdWords Conversion: tracking tool for AdWords advertising campaigns;
    • DoubleClick: Google advertising cookies to display banners.

    Facebook cookies:

    • Facebook Connect: allows users to sign in with their Facebook account;
    • Facebook Social Plugins: allows users to like, share, and comment on content with a Facebook account;
    • Facebook Custom Audience: allows audience interaction through Facebook.
    • BING: advertising cookie;
    • Referralcandy: sponsorship program;
    • CRISP: online chat;
    • SMIIRL cookie: to save session settings.

    The lifespan of these cookies is thirteen months.

    For more information about the use, management, and deletion of "cookies," for any type of browser, we encourage you to view the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

    Article 14: Photographs and Product Representation
    The photographs that accompany product descriptions are not contractual and are not binding upon the publisher.

    Article 15: Applicable Law
    These terms of use of the website are governed by French law and the courts for the jurisdiction in which the publisher's headquarters are located, subject to the assignment of specific jurisdiction stemming from a particular legal or regulatory text.

    Article 16: Contact Us
    You can leave a message regarding any question or requesting information about the products presented on the website, or about the website itself, at the following address: team@smiirl.com.