+33 4 91 05 64 63
Privacy Policy
www.smsmode.com
As of March 3, 2023
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.
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 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 | 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 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 (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 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 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 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 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: 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 to object: object at any time, on grounds relating to his or her personal situation, to the processing of his or her personal data based on the legitimate interests of smsmode, in particular where such objection concerns commercial prospecting, unless there are compelling reasons for doing so at smsmode.
- Right to lodge a complaint: lodge a complaint with the French Data Protection Authority (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: dpo@smsmode.com
- By post to the following address: : smsmode© - DPO - Calade Technologie - Pôle Média Belle de Mai - 37, rue Guibal - 13003 Marseille - France
- On the contact form on the website
4. Cookies
1st level of information
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).
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 (for example 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 |
|---|---|---|
| The following is a list of the most important information on the subject.
_pk_id.* The following is a list of the most important information that you should know about this subject.
|
Matomo audience measurement cookies
|
30 minutes
13 months 6 months
|
| lidc
li_gc bcookie lang |
LinkedIn audience measurement cookies | 24 hours
6 months 1 year old 1 session |
| outbrain_cid_fetch | Outbrain conversion tracking cookies | 24 hours |
| __hssrc
__hstc _hssc |
Hubspot audience measurement cookies | end of session
6 months 30 minutes |
| hubspotutk | Hubspot conversion tracking cookies | 6 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 |
|---|---|
| Intercom (link) |
Intercom chat :
Intercom-ID-K5WSDYYF
|
| Plezi (link) | Forms for sending marketing content |