Privacy Policy
Last modified: March 19, 2025
The purpose of this Privacy Policy is to inform and present to customers and users of the website the manner in which smsmode© processes personal data collected in connection with the use of the website and the conclusion of a contract as data controller.
SUMMARY
1. Personal data concerning the Customer or user collected when using the website
The company smsmode© collects and processes personal data concerning the Customer when using the website as follows.
The company smsmode© is the data controller and has appointed a Data Protection Officer whose contact details are given at the end of this document.
Purpose of the treatment
Contact form and online chat
Create an account
Commercial prospecting
Contact form and online chat
Personal data collected
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Purposes of the processing
Pre-contractual exchanges, response to enquiries.
Conclusion of the contract, processing of orders, management of invoicing and payment, communications with the customer for the execution of the contract, after-sales service, management of possible disputes.
Sending newsletters and promotional offers, recontacting the customer after the order, carrying out statistical studies
Legal basis
Fulfilment of contract (pre-contractual measures) or if the request has another purpose, legitimate interests of smsmode in responding to requests
Performance of the contract Legal (accounting) obligations
Legitimate interests of smsmode in its commercial and prospecting activities
Retention and archiving period
3 years
Retention: as long as the customer account is active
Archiving: 5 years from the date of deletion of the customer account for the purpose of establishing, exercising or defending a legal claim (statute of limitations).
Invoices: 10 years from order date (legal obligation)
Retention: 3 years from the date of the last contact from the customer
Create an account
Personal data collected
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Purposes of the processing
Pre-contractual exchanges, response to enquiries.
Conclusion of the contract, processing of orders, management of invoicing and payment, communications with the customer for the execution of the contract, after-sales service, management of possible disputes.
Sending newsletters and promotional offers, recontacting the customer after the order, carrying out statistical studies
Legal basis
Fulfilment of contract (pre-contractual measures) or if the request has another purpose, legitimate interests of smsmode in responding to requests
Performance of the contract Legal (accounting) obligations
Legitimate interests of smsmode in its commercial and prospecting activities
Retention and archiving period
3 years
Retention: as long as the customer account is active
Archiving: 5 years from the date of deletion of the customer account for the purpose of establishing, exercising or defending a legal claim (statute of limitations).
Invoices: 10 years from order date (legal obligation)
Retention: 3 years from the date of the last contact from the customer
Commercial prospecting
Personal data collected
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Company name, and concerning the Customer's legal representative and the privileged contact designated by the Customer: first and last name; e-mail address; cell phone number.
Purposes of the processing
Pre-contractual exchanges, response to enquiries.
Conclusion of the contract, processing of orders, management of invoicing and payment, communications with the customer for the execution of the contract, after-sales service, management of possible disputes.
Sending newsletters and promotional offers, recontacting the customer after the order, carrying out statistical studies
Legal basis
Fulfilment of contract (pre-contractual measures) or if the request has another purpose, legitimate interests of smsmode in responding to requests
Performance of the contract Legal (accounting) obligations
Legitimate interests of smsmode in its commercial and prospecting activities
Retention and archiving period
3 years
Retention: as long as the customer account is active
Archiving: 5 years from the date of deletion of the customer account for the purpose of establishing, exercising or defending a legal claim (statute of limitations).
Invoices: 10 years from order date (legal obligation)
Retention: 3 years from the date of the last contact from the customer
The compulsory or optional nature of data entry is indicated at the time of collection, by the word "compulsory" next to the data that must be provided. The compulsory communication of certain personal data is necessary for smsmode to achieve the above-mentioned purposes. Optional data enables smsmode to get to know the customer better.
2. Recipients of personal data
Personal data are transmitted to smsmode© in charge of customer and prospect management, orders and contracts, and IT support.
Personal data may also be communicated to subcontractors (hosters, software suppliers) acting on the instructions of smsmode or to recipients acting as data controller, for the purposes set out above, such as payment service providers, banks or consultants. These recipients process the personal data of data subjects in accordance with their own privacy policies, under their own responsibility.
Some service providers may transfer customer data outside the European Union. smsmode© endeavors to require its subcontractors to comply with applicable regulations and, where applicable, that transfers outside the European Union are based on an adequate level of protection or sufficient guarantees (document available on written request from smsmode©).
If required by law, smsmode© may transmit data in order to follow up on claims made against it and to comply with administrative and legal procedures.
3. Customer's rights on his personal data
The Customer has the following rights at any time with regard to his personal data:
- Right of access: to obtain confirmation as to whether personal data is being processed, as well as information about the processing, it being understood that this information is in any case given in the present personal data protection policy;
- Right of rectification: to obtain rectification of personal data that is inaccurate or incomplete;
- Right to erasure: ("right to be forgotten"): obtain the erasure of personal data when it is no longer required for the purposes for which it was collected, or when the customer or user objects to the processing of personal data.
The right to erasure is not opposable in the cases provided for in article 17.3 of the GDPR . In particular, the customer or user recognizes and accepts that this right is not open to him as long as he wishes to use the platform and to benefit from the subscribed services, these personal data being in particular necessary to smsmode for the management of the contract, the respect of its legal obligations then to the establishment, the exercise or the defense of rights in justice;
- Right to restrict processing: to obtain a restriction on the processing of personal data, in particular when the customer or user disputes the accuracy of the data, or when the data retention period has expired but the customer or user still needs to retain the personal data in order to establish, exercise or defend a legal claim;
- Right to portability: obtain communication of the personal data that the customer or user has communicated to smsmode in a readable format, or request that smsmode transmit the personal data that the customer or user has communicated to another data controller ;
- Right of opposition: to object at any time, for reasons relating to his/her personal situation, to the processing of his/her personal data based on the legitimate interests of smsmode, in particular in the event that such opposition concerns commercial prospecting, unless there are compelling reasons for smsmode to do so.
- Right to lodge a complaint: lodge a complaint in particular with the Commission Nationale de l'Informatique et des Libertés if the customer or user considers that the processing carried out by smsmode constitutes a violation of his/her personal data.
- The right to define guidelines on what to do with personal data after death.
The customer's or user's rights regarding their personal data may be exercised at any time by contacting smsmode or its data protection officer (DPO) PINT Avocats :
- By e-mail to the following address: smsmode
- By post to the following address : smsmode© - DPO - Calade Technologie - 4 rue Duverger- 13002 Marseille
- On the contact form on the website
4. Cookies
smsmode© uses cookies on its website for website operation, audience and performance measurement and chat functionality, purposes described in detail below.
Some cookies are managed by partners or third parties.
With the exception of necessary cookies, you can accept or decline cookies either in aggregate or on a per-purpose basis.
If you give your consent, you can withdraw your consent at any time via the cookie management platform.
If you do not accept cookies, some features may not be accessible (e.g. chat).
Necessary cookies: These cookies are necessary for the operation of our site and cannot be deactivated. They enable you to use the main functions of our site (e.g. access to your account).
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This cookie is used to customize the WordPress administration interface of the site.
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This cookie is used to customize the WordPress administration interface of the site.
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Matomo audience measurement cookies
30 minutes
13 months
6 months
Cookies
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Matomo audience measurement cookies
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30 minutes
13 months
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lidc
li_gc
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LinkedIn audience measurement cookies
24 heures
6 months
1 year
1 session
Cookies
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li_gc
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24 heures
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1 year
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6 months
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Hubspot conversion tracking cookies
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Data controller
Purpose/ cookie
Customer relationship platform