I - LEGAL NOTICE
FRANCESCO SMALTO INTERNATIONAL (hereinafter "FRANCESCO SMALTO INTERNATIONAL") is a simplified joint stock company with a capital of 11,272,670.84 euros, whose registered office is located at 2, rue de Bassano, 75116 PARIS, registered under the RCS Paris B 329 120 794, intra-community VAT number: FR 73 329 120 794. Telephone: 00 33 (0)1 56 62 66 00. E-mail : firstname.lastname@example.org.
The website www.smalto.com (hereinafter the "Site") is published by FRANCESCO SMALTO INTERNATIONAL and Mr. Ludovic DAUPHIN is the Director of Publication in his capacity as Managing Director of SMALTO, a public limited company registered under number RCS Paris B 338 189 095, Chairman of FRANCESCO SMALTO INTERNATIONAL.
The Site is hosted by the company SHOPIFY whose registered office is located at O'Connor Street, 151 Ottawa, Ontario K2P2L8, Canada. Telephone: 00 1-613-241-2828. E-mail: email@example.com.
II.A - PRESENTATION
Customers and prospects (hereinafter individually the "Customer" or collectively the "Customers") may hereinafter be referred to individually as the "User" or collectively as the "Users" when they consult the Site.
FRANCESCO SMALTO INTERNATIONAL is solely responsible for the processing of Data collected within the framework of the Site.
The User's personal information is sent to the Site's host located in Canada, whose contact details are given in article I above.
For any additional information on the protection of Personal Data, Customers are invited to consult the site: https://www.cnil.fr/.
II.C - MODIFICATIONS
II.D - DATA COLLECTION
FRANCESCO SMALTO INTERNATIONAL collects the Personal Data of Users, in particular and not restrictively when the User browses the Site, when he creates an account and/or proceeds to purchase a product on the Site, or when he sends a message via the contact form. FRANCESCO SMALTO INTERNATIONAL may also collect the Personal Data of Customers when they visit one of its shops.
Personal Data is "any information relating to an identified or identifiable natural person", the latter being defined as "a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity" (Article 4 of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "PGRD").
II.E - DATA COLLECTED AND PROCESSED
The Personal Data collected by FRANCESCO SMALTO INTERNATIONAL when browsing the Site and/or visiting its shops are :
those relating to the identity of the Client/User and his/her contact details, such as: title, surname, first name, address, delivery address, telephone number, e-mail address or date of birth;
those relating to the Customer's image (the shops are likely to have a video surveillance system), to his voice (calls to customer service are likely to be recorded), or to his measurements;
those relating to the Customer's orders, such as: transaction number, details of purchases (types, quantities, products purchased), data relating to the payment of invoices, return of products, etc;
those relating to its means of payment, such as: credit card number, expiry date, visual cryptogram;
data necessary for loyalty and prospecting actions (for example, purchase history);
those relating to the personal preferences of the Customers/Users (including their preference in terms of cookies or products) or their opinions;
those filled in by the Clients/Users when they subscribe to the newsletter or other marketing communication by entering the corresponding form,
information on the use of the Site (such as the pages of the Site visited, the date and time of access, or behavioural data relating to the analysis of actions and choices made on the Site) may also be recorded by means of cookies or other tracers, as described in article II.J below.
FRANCESCO SMALTO INTERNATIONAL is careful to collect only relevant information limited to what is necessary for the purposes for which it is collected.
Among the Data collected, some are collected on an optional basis. On the other hand, all the information marked with an asterisk (*) must be filled in by the User, failing which FRANCESCO SMALTO INTERNATIONAL will not be able to create the User's account, process the User's order or allow the User to access certain functionalities offered by the Site.
The Client/User undertakes to ensure that the Personal Data he provides is accurate, complete and up-to-date, it being understood that he will be solely responsible for any failure in this respect.
II.F - PURPOSE OF COLLECTION AND LEGAL BASIS FOR PROCESSING
The Data collected by FRANCESCO SMALTO INTERNATIONAL when browsing the Site and/or visiting its shops is used for the purposes described below:
- to enable the processing of product orders, payment and delivery;
- to allow access and use of the Site by Users;
- to carry out marketing operations (loyalty, promotions, commercial offers) and to send, if necessary with the agreement of the Clients/Users, advertisements by e-mail to the clients of FRANCESCO SMALTO INTERNATIONAL on products similar to those they have ordered or on other products offered by FRANCESCO SMALTO INTERNATIONAL ;
- to improve the experience of the Users on the Site (including assistance) and that of the Customers and to personalise them;
- to provide the information requested, in particular on the services and products offered by FRANCESCO SMALTO INTERNATIONAL;
- for security purposes of the Site (prevention and detection of fraud, malware and management of security incidents) and/or of the FRANCESCO SMALTO INTERNATIONAL shops;
- to deal with requests from Clients/Users, to answer their questions and to manage their possible complaints;
- to anonymously compile statistics on the activity of the Site in order to measure in particular the satisfaction of the Users and the effectiveness of the advertising campaigns;
- to allow, with the agreement of the Clients/Users, commercial prospecting operations by partners of FRANCESCO SMALTO INTERNATIONAL;
- other purposes: to use or keep Personal Data to meet administrative, legal, accounting requirements or for any other purpose imposed by the legislation in force,
The said processing has as its legal basis, as the case may be, the consent of the Client/User, the execution of a contract, the fulfilment of a legal obligation or the legitimate interest of FRANCESCO SMALTO INTERNATIONAL.
II.G - DATA RECIPIENTS
Within FRANCESCO SMALTO INTERNATIONAL: the categories of Personal Data collected on the Site or in FRANCESCO SMALTO INTERNATIONAL shops are accessible to persons who need to know them in the context of the activities of their departments (for example, customer service, invoicing, sales teams or the IT department).
The purchase, merger or any other similar event would allow the transmission of the Data to the eventual purchaser or successor of FRANCESCO SMALTO INTERNATIONAL, who would be bound by the same obligations as FRANCESCO SMALTO INTERNATIONAL with respect to the Personal Data of the Customers/Users.
Apart from FRANCESCO SMALTO INTERNATIONAL :
- Subcontractors, service providers or suppliers acting on behalf of FRANCESCO SMALTO INTERNATIONAL may, where appropriate, also have access to all or part of the categories of Personal Data collected on the Site or in the shops in the context of services they provide on behalf of FRANCESCO SMALTO INTERNATIONAL (in particular hosting providers, IT service providers, payment services, delivery services, subcontractors, recruitment agencies, etc.).
The Client/User is informed that some of FRANCESCO SMALTO INTERNATIONAL's subcontractors, service providers or suppliers as well as their own subcontractors are located in countries outside the European Union, some of which have a lower level of data protection than within the European Union.
- Where appropriate, FRANCESCO SMALTO INTERNATIONAL may transfer or disclose Personal Data for evidentiary purposes or to comply with the request of a court or administrative authority. It will then do so in accordance with the laws and regulations in force.
Apart from the cases mentioned above, the Personal Data of Clients/Users may, where appropriate, be transferred, with their consent, to commercial partners of FRANCESCO SMALTO INTERNATIONAL (for example, a partner organising an event with FRANCESCO SMALTO INTERNATIONAL). The consent of the Customers/Users will also be collected before any transfer or assignment of their Personal Data to non-affiliated and non-partner third parties.
II.H - DATA RETENTION PERIOD
FRANCESCO SMALTO INTERNATIONAL keeps the Data collected for a limited period of time and in proportion to the purposes for which the Client/User has communicated them or for a longer period of time within the framework of its legal obligations. By way of example :
Data necessary for order management and invoicing will be kept for the entire duration of the commercial relationship and, in principle, up to ten (10) years after the last purchase;
the Data relating to the means of payment collected by FRANCESCO SMALTO INTERNATIONAL during the transaction are immediately deleted as soon as the purchase has been paid for;
the Data necessary to carry out loyalty actions and prospecting will be kept for the entire duration of the commercial relationship and, in principle, up to three (3) years from the last purchase;
the Client/User's contact data is kept for a period of three (3) years;
Customer/User Data that are no longer useful for providing a service (in particular when the User unsubscribes from a newsletter) will be deleted by FRANCESCO SMALTO INTERNATIONAL or archived by it in an anonymised or pseudonymised form ;
the Site's browsing Data may be kept for up to thirteen (13) months, regardless of the person concerned.
After these various periods, the Data that has not been destroyed may be archived and may be used, if necessary, in the context of legal action, contestation or litigation, for the duration of the applicable prescription period and until the exhaustion of legal remedies, before being deleted or anonymised.
II.I - RIGHTS OF THE CLIENT/USER
In accordance with the applicable regulations, the Client/User may exercise the following rights with regard to the Data concerning him/her, namely :
a right of access and information: right for the Client/User whose Data is collected to have access to it as well as to be informed in a complete and comprehensible manner on how his Data is processed ;
a right of rectification: the Client/User whose Data is collected has the right to correct, complete or update Data that is inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or conservation is prohibited;
a right to withdraw consent at any time;
a right of opposition: the right of the Client/User whose Data is collected to oppose the continuation of the processing concerning him/her;
a right of deletion: right which allows the Client/User whose Data is collected to request the deletion of the Data (in particular when it is no longer necessary for the intended purpose, when the Client/User has withdrawn his consent when the processing in question was based on this consent, when the Client/User has opposed the processing or when the processing of the Data is illegal);
a right to data portability: right for the Client/User to recover part of his Data;
a right to limitation of Data processing: right of the Client/User to request a temporary freeze of the use of his Data while another right (e.g. rectification) is being considered;
a right for the Client/User to define his guidelines for the storage, deletion and communication of his Personal Data after his death.
The User who has created a customer space can also modify his personal details from said space, by identifying himself using his e-mail address and password.
These different rights can be exercised by e-mail at the following address: firstname.lastname@example.org, or by post at the following address: Francesco Smalto International, 2 rue de Bassano 75116 PARIS, the Client/User must indicate the personal data concerning him/her that he/she would like FRANCESCO SMALTO INTERNATIONAL to correct, update or delete.
The Client/User is also informed that if, after having contacted FRANCESCO SMALTO INTERNATIONAL, he considers that his "Information Technology and Liberties" rights are not respected, he may address a complaint to the competent control authority, namely in France: the Commission Nationale de l'Informatique et des Libertés (CNIL) (National Commission for Information Technology and Liberties) (possibility of an online complaint).
II.J - "COOKIES" POLICY
A cookie is a small file which is sent with the pages of this website and/or Flash applications and which is stored by the User's browser on his hard disk from his terminal (e.g. computer, mobile phone, connected watch or tablet). The information stored there may be returned to FRANCESCO SMALTO INTERNATIONAL's servers during a subsequent visit by the User.
Information: subject to the choices recorded by the User on his browser, any browsing on the Site is likely to result in the recording of cookies, web beacons of his IP address, IDFA, geolocation via IP address, connection and browsing information (return URL, advertising data, visit statistics, connection identifiers) in his terminal, allowing FRANCESCO SMALTO INTERNATIONAL to recognise the browser of the User's terminal for the duration of the storage of this information. FRANCESCO SMALTO INTERNATIONAL thus collects information on the pages viewed by the User, the links he clicks on and other actions in the context of his browsing on the Site. Certain anonymous cookies are deposited at the very moment of connection to the Site and are used by FRANCESCO SMALTO INTERNATIONAL for statistical analysis purposes.
II.J.1 - Consent
The consent of the User is required for the use of certain cookies. FRANCESCO SMALTO INTERNATIONAL collects them by means of an informative banner that appears when consulting the Site.
The User may modify the parameters relating to cookies at any time as explained in more detail below in article II.J.4.
If the User has accepted the recording of cookies in his/her terminal, the cookies integrated in the pages and content that he/she has consulted will be stored in a reserved area of his/her terminal and will only be readable and recognisable by the issuer of the cookie.
II.J.2 - Types of cookies and tracers used by FRANCESCO SMALTO INTERNATIONAL and their objectives
FRANCESCO SMALTO INTERNATIONAL uses the following categories of cookies:
- Functional cookies: these are necessary for processing orders (for example, those allowing the User to be identified by the server and to add products to his basket) or to facilitate browsing on the Site, in particular by recording the User's language preferences, his connection identifiers or the contents of his basket;
- Audience measurement cookies: these guarantee that an anonymous cookie is generated each time the User visits a website. These cookies make it possible to know whether the User has visited the Site before or not. It is only during the first visit that a cookie is created. During subsequent visits, the use of the existing cookie is automatic. This cookie is only used for statistical purposes. In this way, the following data can be collected:
- the number of unique visitors,
- the frequency with which users visit the Site,
- which pages visitors consult,
- how long Users consult a particular page,
- the page from which visitors leave the Site;
- Tracking cookies: these enable us to analyse browsing, consultation or consumption habits on the Site, with the aim of offering the User targeted advertising or personalised services. The profile that is established on the basis of this data is not linked to the User's name, address, e-mail address, etc., but is only used to match advertisements to the User's profile, so that they are as relevant as possible to the User. FRANCESCO SMALTO INTERNATIONAL collects the User's consent for these cookies, which will therefore not be installed without the User's consent ;
- Third party cookies: they allow the tracking of the pages that the User visits on the Internet in order to create his/her personal profile. This profile is not linked to the User's name, address, e-mail address, etc., as stated above, but only serves to identify the User as a unique visitor and to adapt advertisements to his profile so that they are as relevant as possible to him. FRANCESCO SMALTO INTERNATIONAL collects the consent of the User for these cookies, which will therefore not be installed without his/her consent;
- Cookies linked to social networks: they allow social networks to save the articles and pages that the User shares via their share buttons. They may also contain tracking cookies that trace the User's web browsing behaviour;
- Site improvement cookies: these allow different versions of a web page to be tested to see which page is used best.
FRANCESCO SMALTO INTERNATIONAL is also likely to implement security measures in order to fight against Internet fraud. To this end, and subject to the rights of the User, FRANCESCO SMALTO INTERNATIONAL or its service providers acting on its behalf may deposit tracers in order to collect information that has made it possible to carry out an order (in particular the operating system used, the location of the machine, the use or not of a proxy, etc.). These "fingerprint-type" tracers associated with the order data are used to validate the User's order, the method of payment used and the method of delivery.
Indicative list of cookies used by FRANCESCO SMALTO INTERNATIONAL :
Google analytics: allows to measure the audience of the website.
Google tag manager: facilitates the implementation of tags on the pages and allows to manage Google tags.
Google Adsense : Google's advertising agency using websites or YouTube videos as a support for its ads.
Google Dynamic Remarketing: allows you to offer dynamic advertising based on previous searches.
Google Adwords Conversion: tool for tracking adwords advertising campaigns.
DoubleClick: Google's advertising cookies to deliver banners.
Facebook Cookies :
Facebook connect: allows you to log in using your Facebook account.
Facebook social plugins: allows you to like, share and comment on content with a Facebook account.
Facebook Custom Audience: allows you to interact with your Facebook audience.
Twitter Cookies :
Twitter button : allows you to easily share and display Twitter content.
Twitter advertising : allows you to display and target ads through Twitter's advertising network.
II.J.3 - Cookie storage duration
The duration of storage of cookies on the User's terminal is that of the validity of the consent, which may not exceed thirteen (13) months.
II.J.4 - Settings and refusal of cookies
The User has several means presented below to manage cookies. He can modify his settings at any time using the procedures described below. The User's attention is drawn to the fact that any change in the setting of cookies is likely to modify his or her browsing as well as the conditions of access to the Site.
FRANCESCO SMALTO INTERNATIONAL offers a cookie management tool so that the User can easily express his/her choice concerning cookies: here.
The User also has the possibility of setting his cookies, by configuring his Internet browser(s), so that, according to his choice, the cookies are saved in his terminal or, on the contrary, that they are rejected or so that the acceptance of cookies is offered to him on a one-off basis and this, before a cookie is saved in his terminal. For each browser, however, the configuration in terms of cookie management and the User's choice is different. This is described in the help menu of each browser to which the User is referred in order to enter and/or modify his/her choices with regard to cookies.
For more information on how to set cookies according to the main browsers, the User is invited to consult the following links:
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en
For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For FireFox: https://support.mozilla.org/fr/kb/protection-renforcee-contre-pistage-firefox-ordinateur?redirectslug=Activer+and+disable+the+cookies&localdirect=en
For Safari: http://support.apple.com/kb/HT1677?viewlocale=fr_FR
Refusal of cookies :
The User can easily block and delete cookies himself at any time through his Internet browser(s). He or she can also configure these so as to receive a message when a cookie is installed or to indicate that certain cookies cannot be installed.
Some tracking cookies are installed by third parties who display advertisements via the Site. The User can delete these cookies centrally via:
The User is informed that blocking cookies may have potentially negative effects on the operation of the Site and on the User's browsing experience.
FRANCESCO SMALTO INTERNATIONAL declines all responsibility in this respect.
For more information on cookies, the User may consult the CNIL website: https://www.cnil.fr/fr/site-web-cookies-et-autres-traceurs.
II.J.5 - New developments and unforeseen cookies
The Site may use content that is hosted on other sites and that is made accessible on the Site, without FRANCESCO SMALTO INTERNATIONAL having any control whatsoever over what these other sites do with their cookies, nor any control over their implementation. As regards more specifically social networks (such as Twitter, Facebook, Instagram, etc.), FRANCESCO SMALTO INTERNATIONAL invites Users to consult the policy of these social networks regarding cookies and share buttons for more information.
More generally, Users who find cookies on the Site that have not been identified by FRANCESCO SMALTO INTERNATIONAL are invited to report them to the following e-mail address: email@example.com. They may also contact the third party they have identified directly and ask them which cookies they place, for what reason, how long the cookie lasts and what measures they have taken to protect confidentiality.
II.K - DATA PROTECTION
FRANCESCO SMALTO INTERNATIONAL takes care to protect and secure the User's Personal Data, taking, to this end, the appropriate organisational and technical measures.
However, given the state of technology, in particular those generally applied to telecommunications networks (and in particular the Internet), FRANCESCO SMALTO INTERNATIONAL cannot guarantee the total security of the User's Personal Data stored or sent on the Site, nor the confidentiality, integrity and authentication of e-mails sent by the User. The User is invited to exercise caution when using the Internet to access the Site and to take appropriate security measures (secure networks, anti-virus, etc.).
For any questions and/or comments, please contact us at the following e-mail address: firstname.lastname@example.org.