Definitions
Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Website covered by these general terms and conditions. Services: smartfeeds.run makes available to Clients:
Content: all elements comprising the information present on the Website, including text, images and videos.
Client information: hereinafter referred to as “Information”, meaning all personal data that may be held by smartfeeds.run for the management of your account, customer relationship management, and analysis and statistical purposes.
User: an internet user connecting to and using the aforementioned website.
Personal information: “Information which, in any form whatsoever, directly or indirectly, enables the identification of the natural persons to whom it applies” (Article 4 of French Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the website
Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of smartfeeds.run are informed of the identity of the parties involved in its creation and maintenance:
- ARCANE AGENCY, a simplified joint-stock company with share capital of EUR 12,518.50, whose registered office is located at 19, rue Martel, 75010 Paris, registered with the Paris Trade and Companies Register under number 822 725 925 RCS Paris;
- Publication director: Arthur d’Yvoire – [email protected]. The publication director is a natural person or a legal entity.
- Webmaster: Arthur d’Yvoire
- Hosting provider: Hostinger International Ltd, 61 Lordou Vironos Street, 6023 Larnaca, Cyprus – www.hostinger.fr
- Data protection officer: Arthur d’Yvoire – [email protected]
2. General terms of use of the website and the services offered
The Website is an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit, for their own account, all or any part of the Website’s elements or works.
Use of smartfeeds.run implies full acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of smartfeeds.run are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, smartfeeds.run may decide to interrupt access for technical maintenance and will endeavour to inform users beforehand of the dates and times of the work. The smartfeeds.run website is regularly updated by the responsible smartfeeds.run publisher. Likewise, the legal notice may be amended at any time: it nevertheless remains binding on the User, who is invited to refer to it as often as possible to stay informed.
3. Description of the services provided
The purpose of smartfeeds.run is to provide information about all of the company’s activities. smartfeeds.run endeavours to provide information on smartfeeds.run that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or failures to update, whether attributable to it or to third-party partners supplying this information.
All information on smartfeeds.run is provided for guidance and is subject to change. Furthermore, the information on smartfeeds.run is not exhaustive. It is provided subject to changes made since its publication online.
4. Contractual limitations concerning technical data
The website uses JavaScript technology. The website cannot be held liable for material damage related to its use. In addition, the User undertakes to access the website using up-to-date equipment free from viruses and a latest-generation, updated browser. smartfeeds.run is hosted by a provider within the European Union in accordance with the General Data Protection Regulation (GDPR: No. 2016-679).
The objective is to provide a service ensuring the highest possible level of accessibility. The hosting provider ensures continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt hosting for the shortest possible periods, particularly for maintenance, infrastructure improvements, infrastructure failures, or if the Services generate traffic considered abnormal.
smartfeeds.run and the hosting provider cannot be held liable in the event of malfunction of the internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. Intellectual property and infringement
smartfeeds.run owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or any part of the website’s elements, regardless of the means or process used, is prohibited without prior written permission from smartfeeds.run.
Any unauthorised use of the website or any of its elements will be deemed infringement and prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitations of liability
smartfeeds.run acts as the website publisher. smartfeeds.run is responsible for the quality and accuracy of the Content it publishes.
www.smartfeeds.run cannot be held liable for direct or indirect damage to the User’s equipment when accessing smartfeeds.run, resulting either from the use of equipment that does not meet the specifications stated in section 4, or from the occurrence of a bug or incompatibility.
smartfeeds.run also cannot be held liable for indirect damage (such as loss of business or loss of opportunity) arising from use of smartfeeds.run. Interactive spaces (allowing questions to be asked in the contact area) are available to users. smartfeeds.run reserves the right to remove, without prior notice, any content posted in this space that violates applicable French law, particularly provisions relating to data protection. Where appropriate, smartfeeds.run also reserves the right to hold the User civilly and/or criminally liable, particularly in the case of racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photograph, etc.).
7. Management of personal data
The Client is informed of the regulations concerning marketing communications, the French Law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Parties responsible for collecting personal data
For Personal Data collected when the User creates a personal account and browses the Website, the data controller is Arcane. smartfeeds.run is represented by Arnaud de Terline, its legal representative.
As controller of the data it collects, smartfeeds.run undertakes to comply with applicable legal provisions. In particular, the Client must establish the purposes of its data processing, provide prospects and clients, when collecting their consent, with complete information about the processing of their personal data, and maintain a processing register reflecting actual practice. Whenever www.smartfeeds.run processes Personal Data, smartfeeds.run takes all reasonable measures to ensure its accuracy and relevance to the purposes for which smartfeeds.run processes it.
7.2 Purposes of the data collected
smartfeeds.run may process all or some of the following data:
- to enable browsing of the Website and management and traceability of services ordered by the User: Website connection and usage data, billing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (encrypted)
- to improve browsing of the Website: connection and usage data
- to conduct optional satisfaction surveys on smartfeeds.run: email address
- to conduct communication campaigns (SMS, email): telephone number, email address
smartfeeds.run does not sell your personal data, which is therefore used only as necessary or for statistical and analytical purposes.
The use and transfer to another application of data collected via Google APIs by Arcane and its SmartFeeds software comply with the Google API Services User Data Policy, including the Limited Use requirements.
7.3 Rights of access, rectification and objection
In accordance with current European regulations, Users of smartfeeds.run have the following rights:
- the right of access (Article 15 GDPR) and rectification (Article 16 GDPR), to update and complete Users’ data, and the right to restrict or erase Users’ personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or its collection, use, disclosure or retention is prohibited
- the right to withdraw consent at any time (Article 13(2)(c) GDPR)
- the right to restriction of processing of Users’ data (Article 18 GDPR)
- the right to object to the processing of Users’ data (Article 21 GDPR)
- the right to portability of data provided by Users when that data is subject to automated processing based on consent or a contract (Article 20 GDPR)
- the right to determine what happens to Users’ data after their death and choose whether smartfeeds.run should disclose their data to a previously designated third party
As soon as smartfeeds.run becomes aware of a User’s death and in the absence of instructions from that User, smartfeeds.run undertakes to destroy their data unless retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how smartfeeds.run uses their Personal Data, request its rectification or object to its processing, the User may write to smartfeeds.run at the following address:
Arcane – DPO, Arnaud de Terline, 142 rue Montmartre, 75002 Paris.
In this case, the User must specify the Personal Data they would like smartfeeds.run 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 imposed on smartfeeds.run by law, particularly regarding document retention or archiving. Finally, Users of smartfeeds.run may lodge a complaint with supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
smartfeeds.run shall not process, host or transfer Information collected about its Clients to a country outside the European Union or recognised as “non-adequate” by the European Commission without first informing the Client. Nevertheless, smartfeeds.run remains free to choose its technical and commercial processors provided they offer sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
smartfeeds.run undertakes to take all necessary precautions to safeguard Information, particularly to prevent its disclosure to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of smartfeeds.run, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, smartfeeds.run does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of smartfeeds.run and processors (service providers), exclusively to achieve the purposes of this policy.
Within their respective responsibilities and for the purposes stated above, the main persons likely to access the data of Users of smartfeeds.run are primarily our customer service staff.
8. Incident notification
Regardless of the efforts made, no method of transmission over the internet or electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify affected users so they could take appropriate measures. Our incident notification procedures take account of our legal obligations at national or European level. We undertake to fully inform our clients of all matters relating to the security of their account and provide all information necessary to help them meet their own regulatory reporting obligations.
No personal information of Users of smartfeeds.run is published without their knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the acquisition of smartfeeds.run and its rights could allow this information to be transferred to a potential buyer, who would in turn be bound by the same obligations to retain and amend data with respect to Users of smartfeeds.run.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, smartfeeds.run uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, smartfeeds.run takes all reasonable steps to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks, cookies and internet tags
smartfeeds.run contains a number of hyperlinks to other websites, established with the permission of smartfeeds.run. However, smartfeeds.run cannot verify the content of those websites and consequently assumes no responsibility for it.
Unless you decide to disable cookies, you agree that the website may use them. You may disable these cookies at any time free of charge using the options provided and described below, bearing in mind that doing so may reduce or prevent access to all or some of the Services offered by the website.
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 includes information such as the User’s domain name, internet service provider, operating system, and the date and time of access. Cookies cannot damage the User’s device.
smartfeeds.run may process information about the User’s visit to the Website, such as pages viewed and searches performed. This information allows smartfeeds.run to improve the Website’s content and the User’s browsing experience.
As Cookies facilitate browsing and/or the provision of services offered by the Website, the User can configure their browser to decide whether to accept them so that Cookies are stored on their device or, conversely, rejected, either systematically or according to their issuer. The User can also configure their browser so that they are asked to accept or refuse Cookies on a case-by-case basis before a Cookie may be saved on their device. smartfeeds.run informs the User that, in this case, some browser features may not be available.
If the User refuses to save Cookies on their device or browser, or deletes those already saved, the User is informed that browsing and their experience of the Website may be limited. This may also be the case when smartfeeds.run or one of its providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, its language and display settings, or the country from which it appears to connect to the internet.
Where applicable, smartfeeds.run declines all liability for the consequences of impaired operation of the Website and any services offered by smartfeeds.run, resulting from (i) the User’s refusal of Cookies or (ii) the inability of smartfeeds.run to save or consult Cookies necessary for their operation due to the User’s choices. Each browser has different settings for managing Cookies and the User’s choices. These are described in the browser’s help menu, which explains how the User can change their Cookie preferences.
The User may express and change their Cookie preferences at any time. smartfeeds.run may also use external service providers to help collect and process the information described in this section.
Finally, by clicking the icons for Twitter, Facebook, LinkedIn and Google Plus on smartfeeds.run or its mobile application, and if the User has accepted cookies by continuing to browse smartfeeds.run or its mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are placed on your devices only if you consent by continuing to browse smartfeeds.run or its mobile application. Nevertheless, the User may withdraw consent for smartfeeds.run to place this type of cookie at any time.
Article 9.2. Internet tags
smartfeeds.run may occasionally use internet tags (also known as action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist web analytics partner that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing internet users to access the Website and on its various pages.
This technology allows smartfeeds.run to evaluate visitors’ responses to the Website and the effectiveness of its activities (for example, how often a page is opened and the information viewed), as well as the User’s use of the Website.
The external provider may collect information about visitors to the Website and other websites using these tags, compile reports on Website activity for smartfeeds.run, and provide other services relating to use of the Website and the internet.
10. Applicable law and jurisdiction
Any dispute relating to use of smartfeeds.run is governed by French law. Except where prohibited by law, exclusive jurisdiction is assigned to the competent courts of Paris.