Dated 24 May 2018
The Website presents the activities carried out by smsmode©, it allows Users to contact smsmode© via the contact form and subscribe to the Services.
smsmode© attaches the greatest importance to the protection of the privacy and Personal Data of Users, and to compliance with the regulations in force. Since its creation (October 2004), smsmode© has been committed to the CNIL to respect and protect the Personal Data of Users collected or processed during the use of the Website.
Each term written in capital has the meaning given to it in its definition in this section:
- general terms and conditions of sale and use: conditions accepted by the user when he is browsing the website and when he subscribes to the Services.
- Personal Data: personal data used to directly or indirectly indentify a natural person within the meaning of the regulations in force.
- smsmode© : Calade Technologies, a French limited company (société à responsabilité limitée) whose registered office is at 37 Rue Guibal, Pôle Média Belle de Mai, 13003 Marseille Cedex 13, registered with the Marseille Trade and Companies Registry under number 478 715 766, represented by Ludovic Pognon.
- Service: Short Message Service (SMS) sending service provided by smsmode© to Users of the Website as described in article 5 of the General Conditions of Sale and Use.
- Website: website accessible at www.smsmode.com on which the Services are provided.
- User: any natural or legal person using the Service for professional purposes.
2. Personal data to users or prospects processed by smsmode©
How are personal data collected?
smsmode© collects Personal Data in 4 ways:
- Via the Contact form
- Via chat "online Help"
- Via account creation
- Via Cookies
What personal data are collected and why?
The Personal Data collected via the contact form allows smsmode© to contact the User and respond to his request. This includes the following Personal Data: obligatory, his name, the name of the company on whose behalf he is writing an e-mail, his e-mail address, his telephone number, and the content of his request; optionally, his first name. Any User who does not wish to provide the necessary information will not be able to send an e-mail to smsmode©.
The Personal Data collected via the "Online Help" chat allows smsmode© to contact the User and respond to his request. This includes, on an optional basis, the following Personal Data: surname, first name, e-mail address, telephone number, account identifier and the content of the request.
The Personal Data collected via the creation of an account by a User is necessary for the fulfilment of his obligations by smsmode©, as well as for the execution of the contract, in particular for the operation of the account and the preparation of invoices. This is the following Personal Data: Mandatory, an e-mail, a username and a password. The provision of this Personal Data is mandatory to allow the User to create an account and subscribe to the Services.
The Personal Data collected via cookies allows smsmode© to improve the interactivity of the site and our services. This is the following Personal Data, i.e. the IP address used to determine the city from which you are connecting.
All of this Personal Data is also collected to carry out prospecting operations (newsletters, general or personalised communications, and commercial solicitations on smsmode©'s activity and on the Services, and similar services).
How are personal data processed?
Personal Data are processed by smsmode©, as controller, for the purposes set out above.
smsmode© undertakes not to use them in any other context, nor to transmit them to third parties, except as provided below or with the express consent of the User.
Addressees: in compliance with the purposes set out above, the Personal Data of Users will be communicated to the staff of smsmode©, as well as to its Data Protection Officer.
Such personal data may be communicated to third parties within the framework of compliance with a legal obligation, at the request of a judicial or public authority, or in application of a judicial, administrative or a decision-making authority Independent Administrative
Subcontractors: Personal Data may be disclosed to smsmode© suppliers, including certain suppliers based outside the European Union. smsmode© takes all measures to require these suppliers to comply with applicable regulations and, where applicable, that transfers are based on an adequate level of protection or sufficient guarantees. smsmode© suppliers are authorized to process Personal Data only on instructions from smsmode©.
How long is personal data kept?
In accordance with its legal obligations, smsmode© keeps the Personal Data of prospective customers for a period of 3 years, either from the time they are collected or from the last contact made by the User.
In accordance with its legal obligations, smsmode© keeps the Personal Data of its customers for the duration of the commercial relationship, then for a period of 3 years from the date of termination of the contractual relationship between smsmode© and the User.
The personal data collected by cookies are stored by smsmode© for a maximum period of 2 years. They are not transferred to third parties or used for any other purpose.
Personal data shall be archived for a maximum period of 5 years from the last contact of the user when the latter has the status of Prospect, or from the end date of the contractual relationship when the latter has the quality of customer , the length of time necessary to ascertain, exercise or defend a legal right (limitation period).
smsmode© makes its best efforts to store and archive this Personal Data in appropriate security conditions in compliance with the applicable provisions, in accordance with current technical means.
3. Personal data of users' customers' customers processed by smsmode©
The purpose of this article is to define the conditions under which smsmode© undertakes to carry out on behalf of Users the processing of their own customers' Personal Data when smsmode© performs the Services (sending SMS messages to the User's customers, by smsmode©, in the name and on behalf of the User).
In order for smsmode© to perform the Services, Users must transmit Personal Data of their customers to smsmode©.
In the context of this processing operation, smsmode© is a subcontractor within the meaning of the DGPS.
In the context of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as from 25 May 2018 (hereinafter ' GDPR ').
smsmode© strives to take into account the principles of data protection from the design stage and default data protection in the development of the Services.
Subscription to the Services gives rise to the collection and processing by smsmode© of Personal Data concerning Users' Customers.
This Personal Data is processed by smsmode© to send SMS messages.
Pursuant to article 28.3 of the GDPR, the processing of personal data for the use of the Services by the user is described in the general Conditions of sale and use.
4. Customer's rights on the personal data communicated
Any person who has communicated Personal Data to smsmode© has the following rights over it:
- A right of access and rectification;
- A right to the deletion of data ("right to Oblivion"), a right to limitation of treatment and a right of opposition to treatment in the cases provided for by the regulations in force;
In particular, any person has the right to object to the receipt of emails containing information from smsmode© at any time;
In addition, pursuant to articles L223-1 and following of the consumer Code, the user has the right to register on the list of opposition to telephone solicitation.
- The right to define guidelines on the fate of personal data after death;
- A right to the portability of the raw data provided to smsmode©;
- The right to lodge a claim with the competent authority (in particular the CNIL in France).
These rights can be exercised by e-mail to the address dpo(at)smsmode.com or by post to the following address: smsmode© - Calade Technologie - Pôle Média Belle de Mai - 37, rue Guibal - 13003 Marseille.
These rights must be exercised under the conditions provided for by the regulations in force. In particular, a copy of an identity document of the applicant will be requested in order to prove his identity to smsmode©, to prevent any unauthorized access to the Personal Data concerned.
In accordance with the regulations in force, this request will be met within a maximum of 1 month, subject to the non-abusive nature of the application.
The exercise of these rights by the User is free of charge. However, smsmode© may require the payment of reasonable fees based on administrative costs for any additional copies requested by the User. smsmode© may also require the payment of reasonable fees that take into account the administrative costs incurred in providing the information, making the communications or taking the measures requested when the User's requests are manifestly unfounded or excessive, in particular because of their repetitive nature.
5. Data Protection officer
The User is informed that smsmode© has appointed a Data Protection Officer.
The Data Protection Officer can be contacted at the following e-mail address: firstname.lastname@example.org or by post at the following address: smsmode© - Calade Technologie - Pôle Média Belle de Mai - 37, rue Guibal - 13003 Marseille.
In order to allow Users an optimal navigation on the Website, Users are informed that smsmode© will have to install cookies on their computers.
Users expressly consent either by clicking on "I Agree" or by continuing their browsing on the website.
These cookies allow to carry out statistical measures, hearing measures to carry out retargeting operations, to allow the proper functioning of the chat "online Help", to implement security measures.
Users are informed that the website has the following cookies:
The internal cookies necessary for the site to function
|Cookie Name||Purpose||Shelf life|
|tarteaucitron||This cookie is intended to safeguard the choices regarding the consent of cookies.||twelve months|
|Wfvt_XXXXXXXX||This cookie is intended to determine the visitor's geographical location information for the Wordfence security plugin.||30 minutes|
|Wordfence_verifiedHuman||This cookie is used to protect the site from malicious attacks via the Wordfence security plugin.||One hour|
|WP-settings-1||This cookie is used to customize the WordPress administration interface of the site.||10 months|
|WP-settings-time-1||This cookie is used to customize the WordPress administration interface of the site.||10 months|
Audience measurement cookies
|Cookie Name||Purpose||Shelf life|
|__ Utma||This cookie is designed to distinguish between unique visitors on the site in Google Analytics statistics.||6 months|
|__ UTMC||This cookie is intended to determine whether the current single visitor is re-visiting the site in Google Analytics statistics.||Session|
|_ GA||This cookie is intended to identify visitors to a site in Google Analytics statistics.||14 months|
|_ Gat||This cookie is used to reduce the demand rate in Google Analytics statistics.||10 minutes|
|_ GID||This cookie is used to distinguish different visitors from a site in Google Analytics statistics.||24 hours|
|Gwcc||This cookie is intended to record a contact request by phone as an Adwords conversion.||Three months|
Third-party cookies intended to improve the interactivity of the site
|Cookie Name||Purpose||Shelf life|
|Intercom-ID-K5WSDYYF||This cookie is used for the proper operation of the Intercom Chat.||One year|
Statistics cookies are cookies created by Google Analytics used by Google, Inc. (or any subsidiary) to obtain audience measurement statistics and user navigation on the website, to optimize the functionality of Website and browsing it.
These cookies allow smsmode© to obtain a report of anonymous and aggregated statistics, excluding any individual data concerning the User.
The statistic tool used in Google Analytics, generates a cookie with a unique identifier, whose shelf-life is limited to 13 months maximum.
The user has the ability to block, change the shelf life, or remove cookies through the browser interface. To find out what to do in the browser used, the user is asked to consult the Help topic of the Navigator.
In such a case, navigation on the Website will not be optimized. IF THE SYSTEMATIC DISABILITY OF COOKIES ON THE USER'S NAVIGATOR Prevents THE USER FROM USING CERTAIN SERVICES OR FUNCTIONS PROVIDED BY smsmode©, THIS DYSFUNCTIONALITY WILL NOT IN ANY CASE BE LIABLE TO THE LIABILITY OF smsmode©.
Users also have the option of deleting cookies previously present on their computer, by going to their browser menu (usually, tools or options/privacy or privacy). Such an action does not affect their browsing on the website, but makes the users lose all the benefit of the cookie.
More information about cookies: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/
In addition, smsmode© collects and stores connection data to the Website for a period of 12 months in accordance with its legal obligations.