Terms of Service (TOS)

PREAMBLE

Within the framework of its activity, SMART GLOBAL GOVERNANCE, a company under French law registered in the Trade and Companies Register of Grasse under the number 853 951 556, whose head office is located at 1240 route des Dolines 06560 Valbonne, processes personal data in the database of its solution.

Smart Global Governance provides a platform for the management and piloting of data protection compliance regulations to customers around the world, hereinafter referred to as “customers”. This solution is made available to SMART GLOBAL GOVERNANCE Customers in the form of a subscription in the legitimate interest of customers who wish to have a solution for regulatory compliance. SMART GLOBAL GOVERNANCE’s customers are therefore exclusively composed of public or private organisations concerned by these regulations and who wish to have a tool or an online management solution.

The purpose of the present general terms of use is to define the terms and conditions of use of the services available on the Smart Global Governance website.

They will be the only applicable ones, notwithstanding any contrary mention elsewhere.

No tolerance may be interpreted as a waiver of any right. The use of the Smart Global Governance service implies the express and unreserved acceptance of the general terms and conditions of use that you can consult online.

We invite you to read them carefully before using this site or sending us information about yourself.

Our Services are very varied: it is therefore possible that additional or special conditions may apply to certain Services. These additional conditions will be made available to you with the Services concerned. If you choose to use these Services, you agree that these additional terms and conditions will also form part of your contractual agreement with us.

The present Terms of Use of the SMART GLOBAL GOVERNANCE platform are directly linked to the Privacy Policy, which can be consulted at any time on this site.

A. Access to the service

Access to the service of the Smart Global Governance platform (hereinafter the “Service”) is possible subject to the User’s compliance with the General Terms and Conditions of Use indicated below (hereinafter referred to as the “GCU”). It is recommended to read the GCU each time you visit this website as they may be modified at any time.

B. Acceptance of the General Terms and Conditions of Use

The use of the Service, whether it is a free platform or a paying platform (Smart Global Governance Platform) and requiring registration, entails the User’s commitment to respect the TOS. Unless otherwise specified, when the User has paid access to the Service, the General Terms and Conditions of Sale and Subscription to which it has subscribed prevail over the TOS even in the event of contradiction.

Use of the Service may imply that the User accepts the General Terms and Conditions of Sale and Subscription and the Special Terms and Conditions,

In the use of the Service, the User can be driven:

  • to use the services of a third party partner of Smart Global Governance, the Publisher (hereafter “Partner Services”). Smart Global Governance will represent the Partner Services on the Service website. By their use, the User accepts the terms and conditions of use;
  • to have access to third party websites protected by intellectual property rights.

The use of the Service, whether it is free or paying, and requiring registration, is designed to meet reasonable and normal use.

C. Use of our Services

ACCESS TO SERVICE

Smart Global Governance undertakes to implement all means allowing the User a reliable and fast access to the Services. The User declares to have accepted the costs as well as the limits specific to any connection to the Internet network. The User, informed of the minimum specifications communicated by Smart Global Governance, is responsible for accessing the Service in good technical conditions – hardware, software, telecommunications – so that all the safeguard measures as well as protection against possible intrusions are ensured. The information contained on the Smart Global Governance website is accessible 24 hours a day, 7 days a week, subject to accidental interruption or interruption necessary for the proper functioning of the service. This interruption does not give rise to any compensation. A support service, limited to the use of the Services by the Users having the quality of Subscriber (paying access), is available to them during the working hours fixed by Smart Global Governance.

USE OF THE SERVICE

The data and information that can be consulted on the www.smartglobalprivacy.com website are the property of Smart Global Governance and may in no way be the subject of any total or partial extraction of the data or any transfer to another medium, whether or not Internet-based.

Consequently, only the viewing on screen and the printing on paper or on electronic support, for the exclusive benefit of the user and for his own needs, as well as the transmission by fax or email, to a recipient who is himself bound by the same restrictions of use, are authorized.

The use of any automated system or software to extract data from this website for commercial or non-commercial purposes is prohibited.

Smart Global Governance reserves the right to take any action or claim necessary to enforce this prohibition, including legal action, without prior notice.

You must comply with the rules applicable to the Services you use.

Do not use our Services improperly. For example, do not attempt to interfere with or access our Services by using a method other than the interface and instructions that we make available to you. You must only use our Services in compliance with applicable laws, including applicable laws and regulations regarding export and re-export controls. We may suspend or discontinue the provision of our Services if you fail to comply with any applicable terms or regulations, or if we investigate a suspicion of misuse.

Use of our Services does not confer upon you any intellectual property rights in our Services or in the content you access. You must not use any content obtained through our Services without the permission of the owner of such content, unless authorized by law. These Terms of Use do not grant you the right to use any trademark or logo displayed on our Services.

You may not remove, obscure or alter any legal notices displayed on or with our Services.

We may need to verify content to ensure that it complies with the law or our Terms of Use. We reserve the right to remove or refuse to post any content that we reasonably believe to be in violation of the law or our regulations. The fact that we reserve this right does not necessarily mean that we review the content. Therefore, please do not assume that we verify the content.

In the course of your use of the Services and the fulfilment of our contractual obligations, we may send you messages relating to the operation or administration of the Services and other information. You may choose not to receive certain of these messages.

D. Your account granted by SMART GLOBAL PRIVACY

You need an account to use our Services. Your account is assigned to you by an administrator. Your administrator may be able to access or deactivate your account.

To protect your account, keep your password confidential. You are responsible for all activity that occurs in or through your account. Be careful not to reuse the same password associated with your account in third-party applications. If you discover any unauthorized use of your password or account, you must immediately notify Smart Global Governance.

Smart Global Governance reserves the right to remove any Registered User:

  • in the event of failure by the User to comply with any of the clauses of these terms and conditions, or in the event of excessive use of the service considered likely to be the result of illicit use,
  • if requested by the user.

E. Termination

Smart Global Governance may terminate the Service at any time.

In the event of failure to comply with the obligations defined herein, Smart Global Governance reserves the right to delete the registered User’s account, to prevent his re-registration and to take any action and/or recourse to stop any infringement of his rights and to obtain compensation for the prejudice suffered.

The User may terminate the use of the Site at any time by unsubscribing in the space provided for this purpose OR by sending an e-mail to the following address: customer@smartglobal.com. OR by post: Smart Global Governance, 1240 route des Dolines 06560 Valbonne.

The User’s cancellation request will be considered by Smart Global Governance as soon as possible.

In the event of non-compliance by the User with the present GCU, Smart Global Governance reserves the right to terminate the User’s access to the Service without notice.

F. Protection of privacy and copyrights

The Smart Global Governance Privacy Policy explains how we handle your personal data and protect your privacy when you use our Services. By using our Services, you agree that Smart Global Governance may use such data in accordance with its Privacy Policy.

We respond to notices of alleged copyright infringement and deactivate the accounts of users who have repeatedly infringed copyright in accordance with the procedure established by applicable law.

G. Your Content and Our Services

Some of our Services allow you to import, submit, store, send or receive content. You retain all of your intellectual property rights to such content. In short, what’s yours stays yours.

The rights that you grant in the context of this collection of data are limited to:

  • The performance of the service for which you have signed a commercial contract with Smart Global Governance as a User – Client or/ User – Partner
  • The proper administration and management of your User File
  • Issuing our invoices
  • The operation, promotion or improvement of our Services, or the development of new Services.

This authorization continues for as long as the legal term of protection of your content, even if you stop using our Services.

Make sure that you have all the rights that allow you to transfer to us personal data concerning the content that you submit to our Services.

H. Personal Data Protection Policy applicable as of May 25, 2018

Our data protection policy can be viewed at any time on our website https://www.smartglobalprivacy.com/politique-de-confidentialite/.

I. Cookie Policy

The first time you connect to the Smart Global Governance website, you are informed that information relating to your browsing may be recorded in files called “cookies”.

Our policy on the use of cookies enables you to better understand the provisions we implement in terms of browsing on our site. It informs you, for example, about all the cookies present on our website, their purpose (part I.) and gives you the procedure to follow to set them up (part II.).

1 General information on cookies on the Smart Global Governance website

Smart Global Governance, as publisher of this website, may install a cookie on the hard disk of your device (computer, tablet, mobile, etc.) to ensure smooth and optimal navigation.

“Cookies” (or connection witnesses) are small text files of limited size that allow us to recognize your computer, tablet or mobile phone in order to personalize the services we offer you.

The information collected through cookies does not in any way identify you personally. It is used solely for our own purposes to improve the interactivity and performance of our website and to offer you content tailored to your interests.

None of this information is communicated to third parties except when Smart Global Governance Solution has obtained your prior consent or when the disclosure of this information is required by law, by order of a court of law or any competent administrative or judicial authority. To better know about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the Smart Global Governance website, their name, purpose, and retention period.

2 Setting your cookie preferences

You can accept or decline cookies at any time.

The first time you log on to the Smart Global Governance website, a banner appears on your screen briefly presenting information about the deposit of cookies and similar technologies.

This banner informs you that by continuing your navigation on the Smart Global Governance website (by loading a new page or clicking on various elements of the site for example), you accept the deposit of cookies on your terminal. You are also deemed to have given your consent to the placing of cookies by clicking on the “X” icon to the right of the banner on your screen.

Depending on the type of cookie in question, your consent to the placing and reading of cookies on your terminal may be required.

Cookies exempt from consent

In accordance with the recommendations of the European Union’s enforcement authorities, certain cookies are exempt from the need to obtain your prior consent; they are strictly necessary for the operation of the website or have the final aim of enabling or facilitating communication by electronic means. These include session identifier cookies, authentication cookies, load-balancing session cookies and cookies for personalizing your interface. These cookies are fully subject to this policy insofar as they are issued and managed by Smart Global Governance.

Cookies requiring your prior consent

This requirement applies to cookies issued by third parties, which are referred to as “persistent” in that they remain in your terminal until they are deleted or expire. As such cookies are issued by third parties, their use and deposit are subject to their own privacy policies, which you will find a link to below. This family of cookies includes audience measurement cookies (including Google Analytics), advertising cookies (which Smart Global Governance Solutions does not use) and social network sharing cookies (including YouTube, Twitter and LinkedIn cookies).

Audience measurement cookies compile statistics about the use and attendance of various elements of the website (such as the content/pages you have visited). This data helps to improve the usability of the Smart Global Governance website. An audience measurement tool is used on this website:

Social network sharing cookies are issued and managed by the editor of the concerned social network.

Subject to your consent, these cookies allow you to easily share part of the content published on the Smart Global Governance website, in particular via a sharing application “button” depending on the social network concerned. There are four types of social network sharing cookies on the Smart Global Governance website:

You have various tools for setting cookies

Most Internet browsers are configured by default to allow the deposit of cookies. Your browser offers you the possibility to change these standard settings so that all cookies are rejected systematically or only some of them are accepted or rejected depending on their originator.

WARNING: We draw your attention to the fact that refusing to deposit cookies on your terminal could nevertheless alter your user experience and your access to certain services or functionalities of this website. If this is the case, Smart Global Governance declines all responsibility concerning the consequences related to the deterioration of your browsing conditions that would arise due to your choice to refuse, delete or block the cookies necessary for the functioning of the site. These consequences could not constitute a damage and you will not be able to claim any indemnity of this fact. Your browser also allows you to delete existing cookies on your terminal or to notify you when new cookies may be placed on your terminal. These settings have no impact on your browsing but cause you to lose all the benefit provided by the cookie. Please take note below of the multiple tools available to you so that you can set the cookies deposited on your terminal.

Setting up your Internet browser

Each Internet browser offers its own settings for managing cookies. To find out how to change your cookie preferences, please find below links to help on how to access your browser’s cookie menu:

Chrome: https://support.google.com/chrome/answer/95647?hl=fr

Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies

Edge: https://support.microsoft.com/en-gb/help/4027947/microsoft-edge-delete-cookies

For additional information concerning cookie control tools, you can consult the CNIL website: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

Setting up the lemon pie tool

The deactivation of cookies can also be done directly via the lemon pie tool set up on the Smart Global Governance site. Interactive, it allows you to manage your cookies via a banner available at the bottom right of the page viewed (“Service Management” button) and lists all active cookies. To deactivate a cookie, simply click on the cross next to the service offered. If all cookies are deactivated, the banner dedicated to collecting the user’s consent will reappear when the page is refreshed.

If you have any queries or requests for further information regarding this cookie policy, please contact us using our contact form.

J. Conditions and legal information

1 Identity of the controller

The data controller is Smart Global Governnace®, represented by its current manager Mr. Benoît Guignard, with its registered office at 1240 route des Dolines 06560 Valbonne,

Response time: Smart Global Governance undertakes to respond to your request for access, rectification or opposition or any other request for information within a reasonable period of time which should not exceed 1 month from the date of receipt of your request.

Information – Complaints: Any clarification relating to the application of these general terms and conditions, any request for information or complaint relating to the operation of the Smart Global Governance service should be addressed to:

By Email: customer@smartglobal.com.

By post: Smart Global Governance, Customer Service, 1240 route des Dolines 06560 Valbonne.

2. referral to the competent authority

If you believe that Smart Global Governance is not complying with its obligations with respect to your Personal Information, you will be entitled to make a complaint or request to the appropriate authority.

3. OBLIGATIONS

Any user of the Smart Global Governance site expressly undertakes: not to use the Smart Global Governance site to disseminate and promote computer viruses, Trojan horses or any other program of the same nature, to violate computer systems or to disrupt the proper general operation of sites; to assume sole responsibility for any direct or indirect material or physical damage caused and to take ownership of any dispute that may arise; to discharge Smart Global Governance from any liability in this regard.

4.PERSONAL DATA

The personal data collected and treated by Smart Global Governnace Solutions are those that the User of the Smart Global Governance service transmits voluntarily in particular via the forms of inscription or contact.

The User of the service of Smart Global Governance commits himself to provide exact up to date information and to inform without delay of any modification of this information by sending an e-mail to customer@smartglobal.com, to carry out without delay all corresponding modifications on his personal space.

In accordance with the aforementioned law, Internet users who have completed an online registration form have the right to information, opposition, access and correction of data concerning them. This right can be exercised by sending a simple letter to the address of the registered office indicated on the heading hereof, and by indicating his or her surname, first name, date and place of birth, postal and electronic address.

5. MODIFICATION OF THE GENERAL CONDITIONS OF USE OF THE PLATFORM

Smart Global Governance reserves the right to modify this legal notice. Taking into account in particular the possible extensions and improvements to the operation of the site, Smart Global Governance reserves the right to unilaterally modify the present legal notices at any time, without prior notice. In particular, it is the visitor’s responsibility to consult and accept the site’s legal notices at the time he or she visits or contributes to it. Each use of the site constitutes acceptance of the latest version of this legal notice. In the event of a significant modification of the present legal notice, the new legal notice will come into force the next day after its publication on the Smart Global Governance website.

6. INTELLECTUAL PROPERTY

The Service includes all available data, as defined by Smart Global Governance

All the documentary collections to which Smart Global Governance gives access within the framework of the Service, directly or under license from a third party, are protected by copyright and database law, in accordance with the Intellectual Property Code.

The User agrees not to use the Service for purposes other than those expressly provided for in the contract between him/her and Smart Global Governance, and agrees not to publish, distribute or sell, in any way whatsoever, the content to which he/she has access and more generally not to infringe, directly, indirectly or through third parties, employees or collaborators, in any way whatsoever, on the rights of Smart Global Governance.

The provision of the Service presupposes the acceptance of a user license, of a non-exclusive nature and not transferable to third parties, formulated by direct validation on the screen when connecting to the Service.

Subscription to any form of access to the Service does not entail any transfer of property rights of any kind whatsoever to the User.

The User furthermore refrains from infringing in any way whatsoever on the rights of reproduction, representation and other rights held by Smart Global Governance, including by application of articles L.342-1 and following of the Intellectual Property Code relating to databases. The User may not, under any circumstances, reproduce or represent in their entirety the data contained in the documentary collections. The User is also prohibited from making any qualitatively or quantitatively substantial reproduction, extraction or reuse of the contents of the database, as well as the repeated and systematic extraction or reuse of qualitatively or quantitatively non-substantial parts of the contents of the database.

Any other use not provided for by the Intellectual Property Code is subject to the prior written authorization of Smart Global Governance.

The obligations stipulated herein are applicable for the entire duration of Smart Global Governance’s intellectual property rights and for any country, including after termination of the contract.

The content of the site may not be modified, copied, distributed, framed or reproduced without the consent of Smart Global Governance.

Smart Global Governance is a registered trademark of Smart Global Governance SARL.

7. RESPONSIBILITIES AND LIABILITIES

The User is solely responsible:

  • for the truthfulness, legality and lawfulness of the information he voluntarily provides on the platform.
  • the consultation, selection, use and interpretation of the documentation provided by Smart Global Governance, as well as the acts and advice it derives from it.
  • of the negotiations and contracts that he concludes through the Smart Global marketplace with other Users

The responsibility of Smart Global Governance cannot be called into question, as much towards third parties as towards the User, for the consequences of the use of the search results by the User or the consequences of the obligations arising from the contracts that he might enter into with other Users through the Smart Global Governance Marketplace.

Consequently, Smart Global Governance cannot be held, because of an express or tacit obligation, as civilly responsible towards the User or third parties for any direct or indirect damage resulting from the use of the information, and in particular following an inaccurate or incomplete information, an error of indexation, price, commission or a delay or a lack of online publication.

Under no circumstances shall Smart Global Governance be held responsible for any damage, of any nature whatsoever, in particular operating loss, loss of data or any other financial loss resulting from the use or impossibility of using the Service referred to herein.

In all cases, the User expressly acknowledges that Smart Global Governance cannot be held responsible for any direct or indirect prejudice or damage such as loss of a market, commercial prejudice, loss of clientele, etc. resulting from an inaccuracy, indexing error, omission, delay in putting online, lack of exhaustiveness, etc. of the data appearing in the database of the site www.smartglobalprivacy.com.

In addition, no assistance provided by Smart Global Governance in the use of the Service can create an additional guarantee compared to the present conditions.

The User is solely responsible for access to the Service and any use that is made of it before modification or cancellation of the means of access remains the responsibility of the User.

8. APPLICABLE LAW AND JURISDICTION

It is expressly stipulated that the legal notices are governed by French law. Any dispute arising from the execution of this contract will be submitted to the competent courts of France.

Copyright © 2019 Smart Global Governance SARL. All rights reserved

Last modified date: 10/01/2019

Reviewed by the Data Protection Officer: Odile DUSSART