Legal compliance

Definitions

Customer: any competent business or natural person in the meaning of Articles 1123 et sequor of the French Civil Code, or legal person that visits the Site covered by these Terms & Conditions.
Services: http://smartway.ai makes available to its Customers:

Content: All elements making up the information present on the Site, in particular text – images – videos.

Customer Information: Herein after called ‘Information’, corresponding to all personal data that may be held by http://smartway.ai to administer your account, to manage customer relations and for analytical and statistical purposes.

User: Internet user logging in and using the aforenamed site.

Personal information: “‘Information that enables, in any form whatsoever, directly or otherwise, the identification of the natural persons to whom it applies” (Article 4 of French law 78-17 of 6 January 1978).

The terms ‘personal data’, ‘data subject, ‘subcontractor’ and ‘sensitive data’ have the meaning defined by the General Data Protection Regulation (GDPR) (EU) 2016/679.

1. Presentation of the website.

Pursuant to Article 6 of French law 2004-575 of 21 June 2004 for Trust in the Digital Economy, we hereby specify to users of the http://smartway.ai website the identity of the various people involved in its creation and monitoring:

Owner: SAS ZERO GACHIS, with equity of €12,721, VAT number: FR90750444697 – 6 av Marcelin Berthelot, 44800 Saint-Herblain, France.

Publication Manager: Paul-Adrien Menez – pa.menez@smartway.ai. The Publication Manager is a natural person or a legal person.
Webmaster: Marie-France Verfaillie – mariefrance@bmo-conseil.com. Host: ovh – 2 rue Kellermann, 59100 Roubaix 1007, France. Data Protection Officer: Charline Bordron – c.bordron@smartway.ai.

The outline for these legal statements was provided by the Orson.io GDPR legal statements generator

2. General Terms & Conditions for using the site and services offered.

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations.
The Customer may not in any way reuse, assign or exploit all or part of the elements or works of the Site for its own benefit.

Use of the http://smartway.ai site implies full and complete acceptance of the Terms & Conditions of Use described below. These Terms & Conditions of Use may be amended or supplemented at any time, users of the http://smartway.ai site are therefore recommended to consult them regularly.

This website is normally accessible to users at any time. However, the service may be interrupted if http://smartway.ai decides to conduct technical maintenance; every effort will be made to notify users in advance of the dates and times of such maintenance work.
The website http://smartway.ai is updated regularly by the http://smartway.ai manager. In the same way, the legal statement may be amended at any time: they nonetheless apply to users, who are recommended to refer to them and read them as often as possible.

3. Description of services provided.

The purpose of the http://smartway.ai website is to supply information about all the company’s activities.
http://smartway.ai endeavours to supply the http://smartway.ai site with the most accurate information possible. However, it may not be held liable for omissions, inaccuracies and deficiencies in the update, whether done by it or by partner third parties that supply it this information.

All the information stated on the http://smartway.ai site is given for guidance only and may change. Furthermore, the information featuring on the http://smartway.ai site is not complete. It is given subject to amendments having been made since it was put online.

4. Contractual limitations on technical data.

The site uses Javascript technology.

The website may not be held liable for material losses associated with using the site. In addition, the user of the site undertakes to access the site using recent hardware, not containing any viruses and with an up-to-date latest generation browser. The http://smartway.ai site is hosted by a contractor in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR) (EU) 2016/679.

The aim is to offer a service that provides the best levels of accessibility. The host ensures service continuity 24 hours a day, every day of the year. Nonetheless, it reserves the option to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, to improve its infrastructures, for failure of its infrastructures or if the Services are generated traffic considered abnormal.

http://smartway.ai and the host may not be held liable for malfunction of the internet, telephone lines or the associated computer and telephony hardware, particularly overloading of the network preventing access to the server.

5. Intellectual property and counterfeiting.

http://smartway.ai owns the intellectual property rights and holds use rights over all the elements accessible on the website, in particular text, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, irrespective of the means or process used, is prohibited unless prior written authorisation is obtained from: http://smartway.ai.

Any unauthorised use of the site or any of the elements it contains will be considered as constituting counterfeiting and will be prosecuted pursuant to the provisions of Articles L. 335-2 et sequor of the French Intellectual Property Code.

6. Limitation of Liability.

http://smartway.ai acts as publisher of the site. http://smartway.ai is responsible for the quality and truth of the Content it publishes.

http://smartway.ai may not be held liable for direct and or indirect damage causes to the user’s computer hardware when accessing the http://smartway.ai website that results either from the use of hardware not meeting the specifications given in point 4, or from the appearance of a bug or incompatibility.

http://smartway.ai may also not be held liable for indirect losses (such as loss of market or loss of opportunity) arising from use of the http://smartway.ai site.
Interactive pages (ability to ask questions on the contact page) are available to users. http://smartway.ai reserves the right to remove, without prior notice, any content uploaded to this page that contravenes the applicable legislation in France, particularly provisions relating to data protection. As applicable, http://smartway.ai also reserves the option to invoke the user’s civil and/or criminal liability, particularly in cases of racist, offensive, defamatory or pornographic messages, whatever the medium used (text, photograph, etc.).

7. Management of personal data.

The Customer is informed of the regulations regarding marketing communication, the French Law of 21 June 2014 for Trust in the Digital Economy, the French Data Processing and Freedoms Law of 6 August 2004 and the General Data Protection Regulation (GDPR) (EU) 2016/679.

7.1 Managers responsible for collecting personal data

For Personal Data collected as part of creating the User’s personal account and browsing on the Site, the Data Controller is: ZERO GACHIS. http://smartway.ai is represented by Paul-Adrien Menez, its legal representative.

As Data Controller for the data it collects, http://smartway.ai undertakes to comply with current legal provisions. In particular, it is responsible to the Customer for establishing the purpose of its data processing, to provide its prospects and customers, from obtaining their consent, full information about how their personal data are processed and to maintain a faithful register of processing carried out.
Every time that http://smartway.ai processes Personal Data, http://smartway.ai takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in respect to the purposes for which http://smartway.ai processes it.

7.2 Purpose of data collected

http://smartway.ai may process all or part of the data:

• to enable browsing on the Site and for management and traceability of Services ordered by the User: Site login or use data, invoicing, order history, etc.
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
• to improve browsing on the Site: login and use data
• to conduct optional satisfaction surveys on http://smartway.ai: e-mail address
• to conduct communication campaigns (SMS, e-mail): telephone number, e-mail address

http://smartway.ai does not sell your personal data, which are therefore used only when necessary or for statistical analytical purposes.

7.3. Right of access, rectification and objection

In accordance with current European regulations, the Users of http://smartway.ai have the following rights:

• right of access (GDPR, article 15) and rectification (GDPR, article 16), update, completeness of Users’ data, right to lock or erasure of Users’ Personal Data (GDPR, article 17), when they are inaccurate, incomplete, equivocal, expired, or if their collection, use, communication or retention is prohibited
• right to withdraw consent at any time (GDPR, article 13-2c)
• right to restriction of processing of Users’ data (GDPR, article 18)
• right to object to processing of Users’ data (GDPR, article 21)
• right to data portability for data that Users will have supplied, when these data undergo automated processing based on their consent or on a contract (GDPR, article 20)
• right to define the removal of Users’ data after their death and to choose to whom http://smartway.ai should (or should not) communicate their data to a third party previously designated by them

As soon as http://smartway.ai is aware of the death of a User and without instructions from them, http://smartway.ai undertakes to destroy their data, except if retaining them proves necessary for trial purposes or to meet a legal obligation.

If the User wishes to know how http://smartway.ai uses their Personal Data, to ask to rectify them or object to their processing, the User can contact http://smartway.ai in writing at the following address:

ZERO GACHIS – DPO, Charline Bordron, 6 av Marcelin Berthelot, 44800 Saint-Herblain, France.

In this case, the User should state the Personal Data they wish http://smartway.ai to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests to delete Personal Data will be subject to the obligations incumbent on http://smartway.ai under the law, in particular regarding retention or archiving of documents. Finally, Users of http://smartway.ai may lodge a complaint with the supervisory authorities, and particularly CNIL (http://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

http://smartway.ai is prohibited from processing, hosting or transferring information collected about its Customers in a country located outside the European Union or recognised as ‘inadequate’ by the European Commission without duly notifying the customer in advance. For all that, http://smartway.ai remains free to select its technical and commercial subcontractors, on condition that they offer sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR) (EU) 2016/679.

http://smartway.ai undertakes to take all necessary precautions to maintain the security of information and particularly to ensure it is not communicated to unauthorised persons. However, if http://smartway.ai is made aware of an incident affecting the integrity or confidentiality of the Customer’s information, it must notify the Customer as quickly as possible and communicate the corrective measures taken. Furthermore, http://smartway.ai collects no ‘sensitive data’.

The User’s Personal Data may be processed by subsidiaries and subcontractors (service providers) of http://smartway.ai, exclusively to achieve the purposes of this policy.

Within the limit of their respective responsibilities and for the purposes stated above, the main people likely to have access to the data of http://smartway.ai. Users are principally our Customer Service staff.

8. Incident notification

Irrespective of the efforts made, no means of transmission by Internet and no electronic storage method is completely secure. Consequently, we cannot guarantee absolute security.
If we were to become aware of a security breach, we would warn the users affected so that they can take appropriate measures. Our incident notification procedures take account of our legal obligations, whether at national or European level. We undertake to inform our customers fully of all matters relating to the security of their account and to supply them with all the necessary information to help them meet their own regulatory reporting obligations.

No personal information of a user of the http://smartway.ai site is published, exchanged, transferred, assigned or sold on any medium whatsoever to third parties without the user’s knowledge. Only the case of the takeover of http://smartway.ai and its rights would allow the aforesaid information to be transmitted to a potential purchaser, which in its turn would be bound by the same obligation of storage and modification of data towards the user of the http://smartway.ai site.

9. Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, http://smartway.ai uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

During processing of Personal Data, http://smartway.ai takes all reasonable measures aimed at protecting against any loss, indirect use, unauthorised access, disclosure, alteration or destruction.

9. Hypertext links, ‘cookies’ and internet tags

The http://smartway.ai site contains a number of hypertext links to other sites, inserted with the authorisation of http://smartway.ai. However, http://smartway.ai is unable to verify the content of sites visited in this way and consequently will assume no liability for doing so.

Unless you decide to disable cookies, you accept that the site can use them. You can disable these cookies free of charge at any time using the disable options offered to you and stated below, in the knowledge that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. ‘COOKIES’

A ‘cookie’ is a small information file sent to the User’s browser and saved on the User’s device (e.g. computer, smartphone) (hereinafter ‘Cookies’). This file contains information such as the User’s domain name, the User’s Internet Service Provider, the User’s operating system, as well as the date and time of access. Cookies carry no risk of damaging the User’s device.

http://smartway.ai may process information from the User about their visit to the Site, such as the pages viewed or searches performed. This information enables http://smartway.ai to improve the Site’s content and browsing for the User.

As Cookies aid browsing and/or the supply of Services offered by the Site, the User can configure their browser to allow them to decide whether or not they wish to accept them in such a way that Cookies are saved on the device or, conversely, that they are refused, either always or depending on their source. The User can also configure their browsing software so that they are given the chance to accept or refuse Cookies offered to them, before a Cookie may be saved on their device. http://smartway.ai informs the User that, in this case, the features of their browsing software might not all be available.

If the User refuses to save Cookies on their device or in their browser, or if the User deletes those previously saved in this way, the User is informed that their browsing and user experience on the Site may be limited. This may also be the case when http://smartway.ai or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.

As applicable, http://smartway.ai, declines all liability for the consequences associated with reduced functionality of the Site and any services offered by http://smartway.ai resulting from (i) refusal of Cookies by the User (ii) it being impossible for http://smartway.ai to save or consult the Cookies necessary for them to function due to the User’s choice. To manage Cookies and the User’s choices, each browser is configured differently. It is described in browser’s help menu, enabling the User to find out how to change their Cookie preferences.

The User can choose to express and change their Cookie preferences at any time. In addition, http://smartway.ai may bring an outside service providers to help it collect and process the information described in this section.

Finally, by clicking the dedicated social media icons for Twitter, Facebook, LinkedIn and Google Plus featuring on the http://smartway.ai site or in its mobile application and if the User accepts cookies being saved by continuing to browse the http://smartway.ai Internet Site or mobile application, Twitter, Facebook, LinkedIn and Google Plus can also save cookies on your devices (computer, tablet, mobile telephone).

These types of cookies are only saved on your device if you have consented, by continuing to browse on the http://smartway.ai Internet Site or mobile application. Nonetheless, the User can reconsider at any time their consent as to whether http://smartway.ai can save this type of cookies.

Article 9.2. INTERNET TAGS

http://smartway.ai may occasionally use Internet tags (also called action tags, one-pixel GIF, transparent GIF, invisible GIF and one-to-one GIF) and deploy them through a specialised Web analysis partner likely to be located (and therefore to store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements enabling internet users to access the Site and on various of its pages.

This technology enables http://smartway.ai to evaluate the responses of visitors to the Site and the effectiveness of their actions (e.g. the number of time a page is opened and the information viewed), as well as the User’s use of this Site.

The outside service provider may collect information about visitors to the Site and other websites using these tags, compile reports on the activity of the Site for http://smartway.ai, and supply other services relating to the use of it and the internet.

10. Applicable law and assignment of jurisdiction.

Any dispute related to the use of the http://smartway.ai site is subject to French law.
Excluding cases disallowed by the law, exclusive jurisdiction is assigned to the competent courts of Nantes, France.