Site publisher: The Company SMART GLOBAL GOVERNANCE, a simplified joint-stock company with corporate capital of 889 554,33 Euros, registered in GRASSE Trade and Companies Register as number 853 951 556, having its registered office at 1240 route des Dolines, 06560 Valbonne, Intra-EU VAT number: FR96853951556.
09 72 64 05 40
Publication director: Mr Olivier GUILLO, Chairman of the company SMART GLOBAL GOVERNANCE
Hoster of the site: Microsoft Azure, 39 Quai du Président Roosevelt, 92130 Issy-les-Moulineaux, telephone: 09 70 01 90 90
SMART GLOBAL GOVERNANCE is committed to protecting the personal data of Users, and undertakes to protect it pursuant to the applicable regulations, and in particular Regulation (EU) no. 2016/679 of 27 April 2016, known as the “General Data Protection Regulation” or “GDPR”, and law no. 78-17 of 6 January 1978 , amended, known as the “Computing and Freedom Law”, amended (jointly, the “Regulations applicable to data protection”).
When it collects personal data from persons visiting the website www.smartglobal.com (the “Site”) (hereinafter the “Visitors”) and/or from the Users of its Platform, whether this use is in the form of a trial or of a subscription purchased by the User (or of the company which employs them or has authorised them to access and use the Platform, and which is a client of SMART GLOBAL GOVERNANCE (the “Client “)), SMART GLOBAL GOVERNANCE processes this data, in respect of which it is qualified as the “data controller”, within the meaning of the above-mentioned texts.
SMART GLOBAL GOVERNANCE does not have access to the data entered by the User in the Platform which is protected by encryption measures, unless the User (or the Client) grants SMART GLOBAL GOVERNANCE one-off and time-limited access to it to provide support for the User and for maintenance of the Platform. If this is the case, SMART GLOBAL GOVERNANCE may access the personal data of individuals entered by the User in connection with its use of the Platform (e.g. clients, service-providers, etc.) and may thus process this personal data for the above-mentioned purposes. This being so, SMART GLOBAL GOVERNANCE acts in a capacity of subcontractor of the Client (through the User), and is itself the data controller of the personal data of the individuals entered by the User in the Platform.
SMART GLOBAL GOVERNANCE undertakes to comply at all times with the requirements of the Regulations applicable to protection of personal data, and to process the Users’ personal data only on the terms provided hereinafter.
I. SMART GLOBAL DATA CONTROLLER
1. Purposes of processing the personal data
SMART GLOBAL GOVERNANCE processes the Users’ and Visitors’ personal data for the following requirements:
– Operational management of the Platform:
o To enable the User, from its account, to manage its personal data processing and its compliance with the Regulations applicable to data protection;
o To provide support for the User in using the Platform and maintenance of it;
– Management of the Client relationship: when the User is the designated contact of SMART GLOBAL GOVERNANCE’s client company, to send it the invoices relating to the purchased subscription;
– Communication with the Visitor when it is seeking any information through the contact form available on the Site, and/or all other communication means (telephone, email);
– To send SMART GLOBAL GOVERNANCE’s newsletter (news and offers of services), if the User and/or the Visitor expressly makes such a request;
– Improvement of performance and functions of the Platform and of the Site;
– Monitoring and analysis of traffic of the Platform and of the Site; and
– For statistical purposes.
2. Collected personal data
SMART GLOBAL GOVERNANCE collected the following personal data concerning the User:
– Creating the User Account:
o Surname, first name:
o Position; title;
o Name of the client company;
o Professional email address;
o Professional telephone number (direct line and mobile;
o Postal address of the company;
– Contact form:
o Surname, First name:
o Name of the company:
o Professional email address;
o Professional telephone number:
o All information which will be communicated in the message sent to SMART GLOBAL GOVERNANCE;
o Email address
Whether entry of the data is mandatory or optional is stipulated when it is collected, by means of an asterisk displayed next to data which must be entered. Mandatory communication of certain personal data is required by SMART GLOBAL GOVERNANCE to implement the purposes stipulated above. The optional data enables SMART GLOBAL GOVERNANCE to acquire more information concerning the User and/or the Visitor.
3. Period for which the User’s personal data is kept
Personal data of Visitors collected through the contact form is kept for a period of twelve (12) months.
SMART GLOBAL GOVERNANCE keeps the email address of a User and/or Visitor who has registered for the newsletter until they unsubscribe (using the unsubscribe link included in the newsletters), or until the retention period has reached its anniversary date.
After the above-mentioned retention periods the data is archived by SMART GLOBAL GOVERNANCE, in a secure environment, for the legal term required for the probative purposes, for the ascertainment, exercise or defence of a right in law.
4. Recipients of the User’s personal data
The User’s personal data is strictly confidential and intended exclusively for SMART GLOBAL GOVERNANCE.
Subject to a legal, accounting or judicial obligation ordering it to do so, SMART GLOBAL GOVERNANCE shall never disclose, assign, lease or transfer the User’s personal data to third parties other than the hoster of the Site and of the Platform, as mentioned in the Site’s legal mentions, available at the following link: https://www.smartglobal.com/en/privacy-policy/, for the purpose of performance of the technical hosting and database management services. The Site and Platform are hosted on servers made available to SMART GLOBAL GOVERNANCE, in datacenters located in France;
This service-provider acts as a subcontractor of SMART GLOBAL GOVERNANCE within the meaning of the Regulations applicable to protection of personal data, on the instructions of SMART GLOBAL GOVERNANCE and on the contractual terms signed with SMART GLOBAL GOVERNANCE which cannot depart from the present article, and which are compliant with the Regulations applicable to protection of personal data.
5. Implemented security measures
SMART GLOBAL GOVERNANCE undertakes to ensure the security and integrity of the User’s personal data. This being so, SMART GLOBAL GOVERNANCE implements and maintains technical and organisational measures of security of the Platform, and more generally of its information system, which are appropriate having regard for the nature of the processed personal data and the risks posed by the processing of it. These measures are intended to (i) protect the personal data against destruction, loss, impairment or disclosure to unauthorised third parties, (ii) re-establish the availability of the personal data and access to it within appropriate periods, in the event of a physical or technical incident.
SMART GLOBAL GOVERNANCE has also designated a personal data protection officer, Maître Odile DUSSART, a Legal Counsel, to check and validate SMART GLOBAL GOVERNANCE’s compliance with the Regulations applicable to protection of personal data.
6. Rights of Users and Visitors over their personal data
Each User and Visitor has, at all times, the following rights over its personal data:
– Right of access: to obtain confirmation that its personal data is being processed, and certain information concerning the processing, with the understanding that this information is, in any event, given in the present personal data protection policy;
– Right of rectification: to have its personal data rectified when it is inaccurate or incomplete;
– Right to deletion (“right to erasure of data”): to have its personal data deleted when it is no longer necessary having regard to the purposes for which it was collected or if the person concerned objects to processing of their personal data.
Specific provision for Users of the Platform: The User acknowledges and accepts, however, that this right is not granted to them for as long as they use the Platform, since their personal data is required by SMART GLOBAL GOVERNANCE to manage their Account and the Platform, and also to communicate with them, in accordance with the subscription purchased by the User (or the company which employs them) with SMART GLOBAL GOVERNANCE;
– Right to restriction of processing: to restrict processing of their personal data when the person concerned disputes the accuracy of the data, when the period of conservation of the data has expired but the User still needs to keep certain personal data for the ascertainment, exercise or defence of a right in law, or if the person concerned objects to the processing;
– Right to portability: to be sent the personal data which the person concerned has communicated to SMART GLOBAL GOVERNANCE, in a legible format, or to request SMART GLOBAL GOVERNANCE to transfer this personal data to another data controller;
– Right to object: to object at all times, for reasons relating to its personal situation, to processing of their personal data, in particular if this objection relates to commercial prospecting, including profiling.
Specific provision for Users of the Platform: Except for the above-mentioned cases, the User acknowledges and accepts that this right is not granted to them for as long as they use the Platform, since their personal data is required by SMART GLOBAL GOVERNANCE to manage their Account and the Platform, and also to communicate with them, in accordance with the subscription purchased by the User (or the company which employs them) with SMART GLOBAL GOVERNANCE;
– Withdrawal of consent: to withdraw their consent to future processing of their personal data by SMART GLOBAL GOVERNANCE, when the processing is based on consent (e.g. the despatch of newsletters);
– Right to make a complaint: to make a complaint to the National Computing and Freedom Commission if the person concerned considers that the processing undertaken by SMART GLOBAL GOVERNANCE constitutes a breach of their personal data.
The rights of the User and/or of the Visitor over its personal data can be exercised at any time with SMART GLOBAL GOVERNANCE by email to the following address: firstname.lastname@example.org.
II. SMART GLOBAL GOVERNANCE SUBCONTRACTOR
For the requirements of ensuring the User’s support and maintenance of the Platform, the User (or the Client) can authorise SMART GLOBAL to access, in a one-off, time-limited and secure manner, the data which it incorporates in the Platform. In this connection SMART GLOBAL GOVERNANCE may access the personal data of individuals entered by the User in connection with its use of the Platform (e.g. clients, service-providers, etc.) (hereinafter the “Client Data”) and may thus process this personal data for the above-mentioned purposes. This being so, SMART GLOBAL GOVERNANCE acts in a capacity of subcontractor of the User (or, through them, of the Client which has authorised it to use the Platform), where it is itself the data controller of the Client Data.
As the data controller, the User (or through them the Client) undertakes to comply strictly with the Regulations applicable to protection of personal data when it processes the Client Data, and shall hold SMART GLOBAL GOVERNANCE harmless against any proceedings of third parties in respect of protection of their personal data.
As subcontractor, SMART GLOBAL GOVERNANCE undertakes to comply with the following obligations, and to cause its personnel to comply with them:
(i) to process the Client Data in strict and necessary compliance with the services provided under the contract between it and the User (or through them the Client), and to act only on the basis of documented instructions of the latter;
(ii) to ensure the confidentiality of the Client Data and to ensure that each person which it authorises to process the said Client Data undertakes to comply with confidentiality or is subject to an appropriate confidentiality obligation;
(iii) to ensure the security and integrity of the Client Data on the same terms as those stipulated in article I.5 hereinbefore;
(iv) not to retain the Client Data after the term of the contract between it and the User (or through them the Client), or any other terms specified by the latter;
(v) not to grant, lease, assign or otherwise communicate to another person all or part of the Client Data;
(vi) pursuant to article I.4 hereinbefore, the User (or through them the Client) acknowledges and expressly accepts that SMART GLOBAL GOVERNANCE may use subcontracting for performance of all or a proportion of the Client Data processing activities. SMART GLOBAL GOVERNANCE undertakes to inform the User (or the Client) of any planned change concerning the addition or replacement of a subcontractor, and to give it the possibility of making objections to this change. In any event, SMART GLOBAL GOVERNANCE shall ensure that the subcontractor which it recruits shall provide sufficient guarantees concerning the application of appropriate technical and organisational measures, such that processing of the Client Data can satisfy the requirements of the Regulations applicable to protection of personal data, and can guarantee protection of the rights of the persons concerned. SMART GLOBAL GOVERNANCE shall remain liable towards the User (or through them the Client) for performance of its obligations by its own subcontractors;
(vii) to provide its assistance to the User (or through them to the Client) to enable it to respond, within the periods and on the terms stipulated by the Regulations applicable to the protection of personal data, to all requests for the exercise of a right, request or complaint of a person concerned by the processing of the Client Data or of a data protection authority or of any other regulator;
(viii) to provide its assistance to the User (or through them to the Client) in connection with the conduct of impact analyses relating to private life and/or in connection with any formalities which the User (or through them the Client) may be obliged to accomplish relating to the Client Data. The latter acknowledges and accepts that the assistance service which must be accomplished in this connection will be covered by a separate service proposal by SMART GLOBAL GOVERNANCE;
(ix) to make available to the User (or through them to the Client), subject to compliance with a confidentiality undertaking, all information required to demonstrate compliance with the obligations set out in the present article, and to allow the conduct of audits, including inspections, by the User (or through them the Client) or any other auditor directed by them, and to contribute to these audits. Audits undertaken in this connection must comply with the terms and methods stipulated in the contract between SMART GLOBAL GOVERNANCE and the User (or through them the Client);
(x) not to transfer the processed Client Data to countries outside the European Economic Area which have not been recognised by the European Commission as providing an adequate level of protection (i) without having previously obtained the User’s express, written authorisation (or through them that of the Client), and (ii) without establishing legal instruments recognised as appropriate by the Regulations applicable to protection of personal data to regulate the transfer(s) concerned;
(xi) to inform the User as rapidly as possible (or through them the Client) in the event of a breach of the Client Data which comes to its attention, where the notification is accompanied by all useful documentation to enable the latter, if necessary, to notify this breach to the competent Supervisory Authority, and assist it in implementing all actions enabling this data breach to be addressed.
III. MANAGEMENT OF COOKIES
Data collected by means of cookies is solely and strictly intended for SMART GLOBAL GOVERNANCE, in compliance with the Regulations applicable to protection of personal data. Cookies issued by third-party publishers enable these publishers to access the data collected by means of their cookies, using the methods stipulated in the table hereinafter.
SMART GLOBAL GOVERNANCE uses a cookie manager, on which the User and the Visitor can display all the cookies used by SMART GLOBAL GOVERNANCE, and freely consent or refuse, at any time, to all or some of the cookies used. To do so, the User and the Visitor are requested to visit the Cookies preference centre.
The Visitor and the User can also configure their browser to accept cookies, or to deactivate them.
Instructions relative to cookies on the most commonly used browsers are available at the following sites:
– Windows Internet Explorer®: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
– Mozilla Firefox®: https://support.mozilla.org/fr/kb/autoriser-bloquer-cookies-preferences-sites
– Google Chrome®: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DiOS&hl=fr
– Apple Safari® (iPhone; iPad): https://support.apple.com/fr-fr/HT201265
– Apple Safari® (Mac): https://support.apple.com/fr-fr/guide/safari/sfri11471/mac
– Deactivation of Google Analytics: https://tools.google.com/dlpage/gaoptout
IV. SOCIAL NETWORKS
The Site uses the plug-ins of the following social networks:
– Facebook®, operated by the company Facebook Inc., having its registered office at 1601 S. California Ave, Palo Alto, CA 94304, United States;
– Linkedin®, operated by the company Microsoft Inc., having its registered office at 599 N Mathilda Avenue, Sunnyvale, United States;
– Twitter®, operated by the company Twitter Inc., having its registered office at 1355 Market Street, Suite 900, San Francisco, CA 94103, United States.
When the User or Visitor interacts using these plug-ins its browser makes a direct connection with the servers of the corresponding social network. The content of the plug-in is immediately transferred by the browser of the User or Visitor to the social network and registered on its servers. By the incorporation of this plug-in the social network is informed that the User or Visitor has visited the Site. It can thus associate browsing of the User or of the Visitor on the Site with its user account of this social network, if applicable. If the User or the Visitor does not wish the social network to collect the data relating to it through the Site or to log them in to their user account in the social network, the User or the Visitor must log out of the corresponding social network before visiting the Site. If the User or Visitor is not a member of the social network it is nevertheless possible that it may obtain and record their IP address.
– For Facebook: https://fr-fr.facebook.com/policies/;
– For Linkedin: https://www.linkedin.com/help/linkedin/answer/1828/supprimer-le-cache-et-les-cookies?lang=fr
– For Twitter: https://twitter.com/tos?lang=fr.
Facebook® is a registered trademark and belongs exclusively to the company Facebook Inc.
Linkedin® is a registered trademark and belongs exclusively to the company Microsoft Inc.
Twitter® is a registered trademark and belongs exclusively to the company Twitter Inc.