smsmode© privacy policy

Privacy Policy
www.smsmode.com
As of 21 December 2021

The purpose of this Privacy Policy is to inform and present to the customers and users of the website the way in which smsmode© handles personal data collected in the context of the use of the website and the conclusion of a contract as data controller.

 

1. Personal data concerning the Customer or user collected when using the website


smsmode© collects and processes personal data concerning the Customer when using the website as follows.

smsmode© is responsible for the processing of its data 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 Creating an account Commercial prospecting
Personal data collected Company name, and concerning the legal representative of the Customer and the privileged contact designated by the Customer: first and last name; email address; mobile phone number. Company name, and concerning the legal representative of the Customer and the privileged contact designated by the Customer: first and last name; email address; mobile phone number. Idem.
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 the contract (pre-contractual measures) or if the request has another purpose, legitimate interests of smsmode to respond to requests Performance of the contract Legal (accounting) obligations Legitimate interests of smsmode within the framework of its commercial and prospecting activity
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 (limitation period).

Invoices: 10 years from the date of order (legal obligation)

Retention: 3 years from the date of the last contact from the customer

 

The compulsory or optional nature of the data input is specified at the time of collection, by the word "compulsory" next to the data that must be filled in. The compulsory communication of certain personal data is necessary to smsmode to implement the purposes specified above. The optional data allow smsmode to better know the Customer.

 

2. Recipients of personal data


Personal data are transmitted to smsmode© personnel in charge of customer and prospect management, orders and contracts as well as IT support.

This personal data may also be communicated to subcontractors (host, software suppliers) who act on instructions from smsmode or to recipients acting as data controller, for the purposes set out above, such as payment providers, banking establishments or consultants. These recipients process the personal data of the persons concerned according to their own confidentiality policy, under their responsibility.

Certain service providers may be required to transfer the customer's data outside the European Union. smsmode© endeavours to require its subcontractors to comply with the 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 the law requires it, smsmode© can carry out the transmission of data to follow up on the 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 of the processing of his/her personal data as well as a certain amount of information about the processing, it being understood that this information is in any case given in this personal data protection policy;
  • Right of rectification: to obtain rectification of personal data when they are inaccurate or incomplete;
  • Right to erasure ("right to be forgotten"): obtaining the erasure of personal data when they are no longer necessary for the purposes for which they were collected or when the customer or user objects to the processing of their personal data.

The right to erasure is not opposable in the cases provided for in article 17.3 of the RGPD. 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 limit processing: to obtain the limitation of the processing of personal data, in particular when the customer or user disputes the accuracy of the data, when the data retention period has expired but the customer or user still needs to retain the personal data for the establishment, exercise or defence of legal claims;
  • Right to portability: to obtain the communication of personal data that the customer or user has communicated to smsmode in a readable format, or to request that smsmode transmit the personal data that the customer or user has communicated to another data controller;
  • Right of opposition: to oppose at any time, for reasons relating to its personal situation, the treatments of its personal data based on the legitimate interest of smsmode, in particular in the case where this opposition relates to commercial prospecting, except imperative reason of smsmode.
  • Right to lodge a complaint: lodge a complaint 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 can be exercised at any time with smsmode or its Data Protection Officer (DPO) PINT Avocats :

  • by email to the following address: dpo@smsmode.com
  • By post to the following address : smsmode© - DPO - Calade Technologie - Pôle Média Belle de Mai - 37, rue Guibal - 13003 Marseille
  • On the contact form on the website

 

4. Cookies


1st level of information

smsmode© uses cookies on its website for the operation of the website, the measurement of audience and performance and the chat functionality, purposes described hereafter in detail.

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).

 

2nd level of information

  • Necessary cookies: These cookies are necessary for the operation of our site and cannot be disabled. They allow you to use the main features of our site (e.g. access to your account).

 

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/performance cookies: These cookies allow us to determine the number of visits and the sources of traffic in order to measure and improve the performance of our site. They also help us to identify the most/least visited pages and to optimise the usability of our site.

 

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

 

  • Chat cookies: These cookies are 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

 

List of companies using trackers on our site:

 

Data controller Purpose/cookie
Google (link)
Google analytics (audience measurement) : _gat, _gid, _ga
Intercom (link)
Intercom chat :
Intercom-ID-K5WSDYYF
Plezi (link) Forms for sending marketing content