TERMS AND CONDITIONS OF USE OF OUR CORPORATE WEBSITE
Last reviewed on October 16th, 2024
LEGAL
Smart Privacy Consulting (hereinafter “Smart Privacy Consulting” or “We” or “Us”)) registered with the Paris Trade and Companies Register under number 880 744 610, whose registered office is located at 1-7 Cours Valmy, 92800 Puteaux, France, represented by its CEO, Mrs. Patricia DEL CARMEN
Director of publication: Mrs. Patricia DEL CARMEN
The website www.smartprivacyconsulting.com is hosted by:
1&1 IONOS Cloud GmbH7,
Place de la Gare Greifswalder Str.
207BP 70109 10405 Berlin,
Germany
1. SCOPE OF THE TERMS AND CONDITIONS OF USE.
This corporate website is dedicated to any organization, private or public, regardless of their sector of activity or of their size, which aims to comply with regulatory requirements in terms of data protection, privacy, cyber security, AI, Data governance, to:
- develop their business, products or services in full compliance with Digital regulations, be them data protection, data privacy, AI, data governance and cybersecurity, to name a few,
- regulate their relations with their service providers, sponsors or partners to enhance confidence and trust from one to each other.
- stay informed about news relating to data protection and cybersecurity, all digital matters in France and abroad.
The Site therefore allows the User to:
- Get to know Smart Privacy Consulting, our services and how we can assist your entity to reach full compliance in your business data governance.
- Support you in acquiring a better knowledge of your information assets to enhance the confidence of your customers and prospects in compliance with the applicable regulations.
The purpose of these Terms and Conditions of Use (hereinafter the “TCU”) is to define the conditions under which Users may access and use the Site.
Any access and/or use of the Site implies the unreserved acceptance of all the provisions of these TCU, which constitute the contract between Smart Privacy Consulting and the User.
If the User does not wish to accept all or part of these TCU, he/she is asked to quit the Website.
The French version of the TCU governs the use of the Site and, in the event of a conflict with a translated version, the French version shall prevail.
Smart Privacy Consulting is referred to herein as “we”, “us”, “our”. The terms “you”, “your” and “yours” refer to you as a user of the Site.
1.1. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
The User is expressly informed that the only authentic version of the TCU is the one found online on the Website and that Smart Privacy Consulting reserves the right to modify them at any time to consider any legal, jurisprudential, editorial and/or technical developments.
The User is informed that the mere fact of continuing to use the Site constitutes his or her unreserved acceptance of the changes made to the Terms of Use.
It is therefore recommended that the User systematically refer to the latest version of the TCU each time he/she accesses the Site. The User can find out the date of revision of these TCU by referring to the “Last updated” mention at the top of these TCU.
2. PRIVACY POLICY.
As this Site is a corporate website, we only collect the personal data defined in the Privacy Policy and that will allow us to contact you when you fill out our contact form. We therefore ask you to refer to it by clicking here. The Privacy Policy and the Cookies Policy are an fundamental part of these Terms of Use
3. USER CODE OF CONDUCT.
The access to the Site, hosted in “Software as a Service” (SaaS) mode, requires the User to have Internet access and a connected device (computer, tablet, laptop, etc.). All costs incurred by the User to access the Site remain at the User’s expense.
To access the Site, the User undertakes to use only secure hardware and software, with the help of a computer security suite, and free of viruses, any defects, anomalies, bugs and any malfunction likely to lead to an interruption, malfunction or a decrease in the security of the Site.
In the context of the use of the Site, the User agrees not to carry out the following operations, nor to allow anyone else to do so, directly or indirectly:
3.1. Restrict or inhibit the use of the Site by any other visitor or member, including but not limited to “hacking” and tampering with any part of the Site.
3.2. Access or attempt to access portions of the Site for which Smart Privacy Consulting has not granted you permission, circumvent or attempt to circumvent any security or password protection feature on the Site, access the Site in any manner other than through the interface provided and authorized by Smart Privacy Consulting.
3.3. Modify any software intended for the Site in any way or form, or use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
3.4. Use the Site or Materials (as defined in these Terms of Use) for illicit purposes.
3.5. Affirm or suggest that we endorse Your statements, without our prior written consent.
3.6. Impersonate any person or entity, real or fictitious, including an employee or representative of Smart Privacy Consulting.
3.7. Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or objectionable, or that infringes our or any third party’s intellectual property or other rights; (b) material, non-public information about companies without permission; (c) any trade secrets of any third party or (d) unsolicited advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other unsolicited commercial communication (unless explicitly authorized by us);
3.8. Use the Site to harm minor children in any way.
3.9. Engage in spamming or phishing activities.
3.10. Transmit any software or other content that contains a virus, worm, Trojan horse, defect, time bomb or any other element of a destructive nature.
3.11. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any part of the Site.
3.12. Remove any copyright, trademark, or other proprietary rights notices from the Site.
3.13. “Stalk” or harass others.
3.14. Create a link to any page or content of the Site without our written permission.
3.15. Use any robot, digital agent, delayed messaging program, web scraping, web crawling, site search application, or any other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content without our prior written consent, including with respect to CAPTCHA codes displayed on the Site.
Notwithstanding the foregoing, Smart Privacy Consulting grants public search engine operators’ permission to use robots to copy content from the Site, ONLY TO THE EXTENT NECESSARY TO CREATE PUBLICLY AVAILABLE SEARCH INDICES OF SUCH CONTENT AND FOR THAT SOLE PURPOSE but not caches or archives of such content. Smart Privacy Consulting reserves the right to revoke these exceptions either generally or in specific cases.
3.16. Collect or gather information about visitors or members of the Site without their express consent.
3.17. Take any action, imposing or likely to impose on our infrastructure (or that of our third-party providers) an unreasonable or disproportionately large load of data, information or queries (as determined in Smart Privacy Consulting’s discretion).
The actions indicated above constitute a serious breach of these Terms and Conditions of Use.
The user is reminded that under Article 323-3 of the Criminal Code, any reproduction or dissemination of personal data fraudulently obtained by a third-party site or by a search engine with the aim of enriching its own database, or processing the data on its own behalf, will be considered an offence punishable by a sentence of 5 years’ imprisonment and a fine of €150,000.
In the event of use of the Site that does not comply with these Terms of Use, the Privacy Policy, or any other policy, rule or directive applicable to the Site, Smart Privacy Consulting reserves the right to refuse, block or delete access to the Site.
4. INTELLECTUAL PROPERTY AND USE RESTRICTIONS.
The information and materials provided on or through the Site, including all content, data, text, graphics, images, photographs, illustrations, logos, icons, and links (collectively, the “Materials”) are the exclusive property of Smart Privacy Consulting or its licensors or Vendors, and aim to inform you about the products and services offered on the Site.
The Site, including all of its software, databases, proprietary information, documentation, content, computer code, ideas, know-how and Materials (and all modifications and derivative works thereof, all intellectual property rights and other rights therein or contained therein), including, but not limited to, selection, compilation, the order, functional richness and arrangement of the elements belongs to and remains the exclusive property of Smart Privacy Consulting. You acknowledge that the Site is protected by copyright, trademark and other laws. You acknowledge that the use of the Site or the Materials does not confer any ownership rights on you.
The trademarks, logos, and service marks displayed on the Site (collectively, the “Marks”) are registered and unregistered trademarks owned by Smart Privacy Consulting, its advertisers, licensors, partners, suppliers, or others. Smart Privacy Consulting’s Trademarks, whether registered or unregistered, may not be used in connection with products or services that are not proposed by Smart Privacy Consulting, in any manner that is likely to confuse customers or disparage Smart Privacy Consulting.
5. LIMITATION OF LIABILITY.
Generally, Smart Privacy Consulting’s ability to provide services depends on the internet or a telecommunications network, which is not necessarily secure in its entirety. The Site is hosted by an external service provider, which has undertaken to secure access, consultation and use of the Data in accordance with the rules of use of the Internet, Smart Privacy Consulting cannot guarantee uninterrupted access to the Site, nor the storage or reception of data from the Site.
Smart Privacy Consulting reserves the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice, to ensure its maintenance.
Under no circumstances can Smart Privacy Consulting be held liable for any interruption of service, for any reason whatsoever, for any malfunction of the network or servers or for any other event beyond reasonable control, which would prevent or degrade access to the Site.
The User declares that he accepts the characteristics and limitations of the Internet, and acknowledges that:
- Their use of the Site is at their own risk; the Site is accessible to them “as is” and according to its availability.
- No advice or information, whether oral or written, obtained by the User of the Site or during the use of the Site is likely to create guarantees not expressly provided for in these Terms of Use.
- The User is solely responsible for the use he makes of the Information on the Site.
- The User is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring Information.
To the fullest extent permitted by law, the User expressly acknowledges and agrees that Smart Privacy Consulting assumes no liability, of any kind, regarding:
- Any failure by another User of the Site to comply with the code of conduct and more generally with the TCU.
- Any interruption of communications to or from the Site due to a problem with the User’s Internet connection.
- Errors, inaccuracies or omissions in the information, or damage or loss, of any kind, arising from the use of any information provided on the Site.
The User acknowledges that SMART PRIVACY CONSULTING cannot guarantee uninterrupted or continuous access to the service and that under no circumstances can SMART PRIVACY CONSULTING be held liable, in particular in the event of:
- Force majeure.
- Interruption of the User’s Internet network.
- Fault attributable to the User of the Site caused by misuse of the services.
- Non-compliance with the TCU by the User.
6. GOVERNING LAW.
Both this Site and the Terms and Conditions of its Use are governed by French law, regardless of the place of use. Any dispute, after the failure of any attempt to find an amicable solution, will be subject to the exclusive jurisdiction of the Courts of Nanterre, which alone may hear it, even in the event of multiple defendants or third-party claims.
7. MISCELLANEOUS.
Smart Privacy Consulting may assign its rights and obligations under these Terms and Conditions of Use. Accordingly, you agree in advance to Smart Privacy Consulting that the obligations under these Terms and Conditions may be transferred or assigned to a third party. The contract will continue by operation of law and without formalities between You and the entity that benefited from the transfer or assignment. You are not permitted to assign your rights or obligations under these Terms and Conditions of Use. Any assignment in violation of these terms and conditions is null and void.
The rights and obligations under these Terms and Conditions of Use which, by their nature, should survive them, will remain in full force and effect after the termination or expiration of the Terms and Conditions of Use.
8. CONTACT.
For any request relating to these Terms and Conditions of Use, we invite You to write to p.delcarmen@smartprivacyconsulting.com
You can use our contact form for this or send us an email directly.
