DATA PROTECTION POLICY

THE SMILIST company (hereinafter “THE SMILIST”) sells its products (hereinafter “Products”) on its website (hereinafter “Site”).

This Site is an e-commerce site which allows its users to purchase the Products (hereinafter “Users”).

The purpose of this personal data protection policy (the "Policy") is to describe how THE SMILST ("We", "Our") processes the personal data of users of the Site (the "Users", " You”, “Your”).

THE SMILST considers it essential to preserve the confidentiality and security of Users; personal data. In particular, in order to proceed with the purchase of Products on the Site, You must provide some of your personal data.

Respect for your privacy and your personal data is a priority for THE SMILST, which undertakes to process Your data in compliance with the Data Protection Act No. 78-17 of January 6, 1978 as amended, the Regulation (EU) General Data Protection Act 2016/679 of April 27, 2016 (hereinafter “GDPR”) and the related CNIL standards and recommendations (together, the “Applicable Regulations”).

1. Data controller

The Data Controller of the data collected on the Site is THE SMILIST simplified joint stock company, with a share capital of 1 euros, whose head office is located at 000 RUE DE TURBIGO 46 PARIS 75003, registered with the Paris RCS under number 3 889 221.

If the User wishes to exercise one of his rights provided for by the Applicable Regulations and mentioned in the "Rights" clause of this Policy, the User may contact THE SMILIST by one of the means provided for in the aforementioned clause, by specifying his identity and the specific purpose of his request (an identity document may be requested in the event of doubt about the identity of the applicant).

2. Purpose of processing

We only process Your data to guarantee You optimal use of our Site, to respond to Your requests, to keep You informed of our news and promotions.

2.1. How THE SMILIST collects Your data?

We may collect information about You on different occasions, in particular:

  • When You create a user account on the Site and as part of the use of its features,
  • When You make a purchase of a product offered by THE SMILIST,
  • When You use one of Our contact forms or interact with Us by other means (e-mail, telephone, social networks, etc.),
  • When You subscribe to our newsletter,
  • When browsing Our Site.

2.2. Why does THE SMILIST collect Your data?

THE SMILIST only collects data that is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. The legal basis on which We rely to collect the data is the execution of the contract which binds Us with You when You use Our services (for example, order, delivery, invoicing) or with your consent (for example, contact request, sending a newsletter for non-customers) or legitimate interest (for example, commercial prospecting for customers for similar products). These purposes are specific and legitimate and, under no circumstances, will Your data be further processed in a manner incompatible with these purposes, except with your prior consent.

Thus, We are likely to use Your data, depending on the case, for:

  • Respond to Your purchase or contact requests,
  • Create your account,
  • Manage and fulfill orders,
  • Manage order cancellations,
  • Manage our after-sales service,
  • Manage any complaints,
  • Our press or professional relations,
  • You send a reminder email of your abandoned carts

2.3. What data do We collect?

The information that We may collect and the reasons for this processing (as the case may be), are as follows:

  • Your title, surname and first name, to know how to call and recognize You.
  • Your e-mail, to access your user account, to contact You following your request, or, subject to Your prior agreement when this is required by the applicable regulations, to exchange with You on Our news and promotions.
  • Your postal address for delivery and billing purposes, or to exchange with You on Our news and promotions.
  • Your telephone number, to follow up on Your order or reservation, or to contact You at your request.
  • Your payment information to accept Your payments and make Your refunds, to detect and protect against fraud.

Mandatory fields are those marked as such with the symbol (*). If You do not fill in these fields, We will unfortunately not be able to access your request. The other data are optional, that is to say that You are free to provide them, or not, without this entailing any particular obligation or inconvenience for You.

During Your navigation on our Site and the use of its functionalities, We may also collect certain connection data in order to improve our Site, configure default options for you (such as language and currency), and protect our website (including against fraud). To find out more about our confidentiality commitments in this area, you can refer to our “Cookies” section. Each user is also invited to accept the deposit of cookies on their terminal when they first connect to this Site.

3. Recipients

Your personal data will not be disclosed to third parties for their use, unless we have obtained Your consent or if we are legally required to do so or have a legitimate interest, in particular for interactions with Users, or whether we can rely on another valid legal basis for such transfer. This transfer corresponds in particular to a transfer to Switzerland in terms of hosting the Site.

Our service providers may also be recipients of the personal data strictly necessary for the performance of the services that we have entrusted to them and in particular those to which. We call to carry out the execution of the orders (example: delivery data...).

We are also likely to communicate Your data in order to respond to legal or regulatory requests, court decisions, subpoenas or legal proceedings, if compliance with the regulations in force so requires, as well as in the event that THE SMILIST transfers to all or part of its assets to a third party company.

Subject to Your prior and express consent, some of Your personal data such as Your email address may also be transmitted to our Partners for the purposes of commercial prospecting by email. These "Partners" consist of Mailchimp for sending advertising campaigns by email or Google Analytics for analyzing the performance of this Website.

4. Rights

In accordance with the Applicable Regulations, we inform you that you have control over the use of your personal data and that you can exercise your rights at any time free of charge:

  • Access in order to request confirmation that data concerning You are or are not being processed and, when they are, access to said data as well as to certain information on their processing (Article 15 of the GDPR),
  • To rectify inaccurate or incomplete data (article 16 of the GDPR),
  • Erasure of your data (in the cases provided for in Article 17 of the GDPR),
  • Limitation of the processing of your data (in the cases provided for in Article 18 of the GDPR),
  • Portability of data that you have provided yourself (only when the processing of these has the legal basis of consent or contract (Article 20 of the GDPR),
  • Opposition (i) to the processing of your data (only when the legal basis of the processing thereof is the legitimate interest of THE SMILST and provided that the User justifies the reasons relating to his particular situation) (article 21.1 of the GDPR) and (ii) the processing of your data for prospecting purposes, including profiling (article 21.2 of the GDPR),
  • To define the fate of your data after your death and to choose to whom THE SMILST will have to communicate, or not, your data to a third party that it will have previously designated (article 85 of the Data Protection Act).

Likewise, insofar as the processing of the User's data is based on the consent given by the latter, the latter is entitled to withdraw said consent at any time, which does not affect the lawfulness of the processing based on the consent prior to the withdrawal of said consent.

In order to exercise these rights, the User may send a written request to THE SMILIST at the address 46 RUE DE TURBIGO 75003 PARIS 3, or by email at the email address: contact@thesmilist.co

THE SMILIST undertakes to respond within one (1) month of receipt of Your request. If necessary, this period may be extended by (2) two months, taking into account the complexity and the number of requests addressed to us. In this case, you will be informed of this extension and the reasons for the postponement.

If your request is submitted in electronic form, information will also be provided to you electronically where possible, unless you specifically request otherwise.

In the event that we are unable to comply with your request, we will inform you of the related reasons and you will have the possibility of lodging a complaint with a competent supervisory authority and/or of a judicial remedy.

In any case, you can file a complaint with the National Commission for Computing and Liberties (CNIL), if you believe that your rights are not respected: https://www.cnil.fr/fr/plaintes .

5. International transfers

Your personal data may also be transferred and processed outside the European Economic Area (EEA), to countries whose level of data protection may be lower than that of European countries.

In this case, we will adopt appropriate safeguards aimed at ensuring the security of the international transfer of personal data in accordance with the provisions of the GDPR, for example by entering into specific agreements with the importer of said data.

6. Security measures

In accordance with Article 32 of the GDPR, personal data will be processed with the necessary level of protection, adopting the appropriate technical and organizational measures to prevent any alteration, accidental loss, disclosure or unauthorized access as well as any other form of inappropriate treatment.

When applying such measures, we take into account, among other things, the nature of the data processed, the risks, as well as technological progress and the costs of their implementation. We update and maintain our databases to ensure that your data is always accurate and precise.

7. Update of the privacy policy

THE SMILIST reserves the right to modify or update the Policy at any time. Any change or update will be effective immediately upon posting to the Site.

You agree to review this Policy each time you visit the Site. The version in force will be the one available on the date of use of the Site or the User's order.

In the event that these changes are significant / impact the rights and obligations of the User, THE SMILIST will inform the User beforehand. THE SMILIST will seek consent to the extent required by applicable law.

8. Applicable law and dispute resolution

This Policy is subject to French law, except for mandatory provisions provided for by the law of any other country in which the User resides. In the event of a dispute and in the event that an amicable agreement cannot be reached, the competent court will be that determined according to the applicable rules of procedure.

Date of last update in September 2022