Data Protection Policy

The company THE SMILIST (hereinafter "THE SMILIST") sells its products (hereinafter "Products") on its website (hereinafter "Site").

This Site is an e-commerce site that enables its users to purchase the Products (hereinafter "Users").

This personal data protection policy (the "Policy") aims to describe the manner in which THE SMILIST ("We", "Our") processes the personal data of users of the Site (the "Users", "You", "Your").

THE SMILIST considers it essential to preserve the confidentiality and security of the personal data of Users. In order to purchase the Products on the Site, You must provide certain personal data.

Respect for your privacy and your personal data is a priority for THE SMILIST, which undertakes to process Your data in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, as well as the guidance and recommendations of the Information Commissioner's Office (ICO) (together, the "Applicable Regulations").

1. Data Controller

The Data Controller for the data collected on the Site is THE SMILIST, a simplified joint-stock company with a share capital of 1,000 euros, registered at 46 RUE DE TURBIGO 75003 PARIS 3, registered under number 889 221 529.

If a User wishes to exercise any of their rights provided for by the Applicable Regulations and mentioned in the "Rights" clause of this Policy, the User may contact THE SMILIST by one of the means set out in the aforementioned clause, specifying their identity and the precise subject of their request (proof of identity may be requested in the event of doubt about the identity of the requester).

2. Purpose of Processing

We only process Your data to ensure you have an optimal experience on our Site, to respond to Your requests, and to keep You informed of our news and promotions.

2.1. How does THE SMILIST collect Your data?

We may collect information about You on various occasions, in particular:

  • When You create a user account on the Site and as part of the use of its features,
  • When You make a purchase of a product offered by THE SMILIST,
  • When You use one of Our contact forms or when You interact with Us by another means (e-mail, telephone, social media…),
  • When You subscribe to our newsletter,
  • During your browsing on Our Site.

2.2. Why does THE SMILIST collect Your data?

THE SMILIST only collects data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed. The legal basis on which we rely to collect data is the performance of the contract binding Us to You when You use Our services (for example, order, delivery, invoicing) or with your consent (for example, contact request, sending a newsletter to non-customers) or legitimate interest (for example, commercial prospecting for customers for similar products). These purposes are specific and legitimate and, under no circumstances, will Your data be processed subsequently in a manner incompatible with these purposes, unless your prior consent is obtained.

Thus, We may use Your data, as the case may be, for:

  • Responding to Your purchase or contact requests,
  • Creating a customer account,
  • Managing and executing orders,
  • Managing order cancellations,
  • Managing our after-sales service,
  • Managing any complaints,
  • Our press or professional relations,
  • Sending you an abandoned basket reminder email

2.3. What data do We collect?

The information We may collect and the reasons for such processing (as the case may be) are as follows:

  • Your title, surname and first name, to know how to address You and recognise You.
  • Your e-mail address, to access your user account, to contact You following your request, or, subject to Your prior consent where required by applicable regulations, to correspond with You about Our news and promotions.
  • Your postal address for delivery and invoicing purposes, or to correspond with You about Our news and promotions.
  • Your telephone number, for the tracking of Your order or reservation, or to contact You at your request.
  • Your payment information to accept Your payments and process Your refunds, to detect fraud and protect you against it.

Mandatory fields are those indicated as such by the (*) symbol. If You do not complete these fields, We will unfortunately be unable to process your request. Other data is optional, meaning You are free to provide it or not, without this entailing any particular obligation or inconvenience for You.

During Your browsing on our Site and the use of its features, We may also collect certain connection data in order to improve our Site, configure default options for you (such as language and currency), and protect our website (in particular against fraud). To learn more about our confidentiality commitments in this respect, You can refer to our "Cookies" section. Each user is also invited to accept the deposit of cookies on their device upon their first visit to this Site.

3. Recipients

Your personal data will not be disclosed to third parties for their use, unless we have obtained Your consent, or if we are legally required to do so or have a legitimate interest, in particular for interactions with Users, or if we can rely on another valid legal basis for such a transfer. This transfer notably corresponds to a transfer to Switzerland in respect of hosting the Site.

Our service providers may also be recipients of the personal data strictly necessary for the performance of the services we have entrusted to them, in particular those we use to execute orders (example: delivery data...).

We may also disclose Your data in order to respond to legal or regulatory requests, court orders, summonses or legal proceedings, where compliance with applicable regulations requires it, as well as in the event that THE SMILIST transfers all or part of its assets to a third party company.

Subject to Your prior and express consent, certain personal data such as Your email address may also be transmitted to our Partners for the purposes of commercial prospecting by e-mail. These "Partners" include Mailchimp for sending advertising campaigns by email and Google Analytics for analysing the performance of this website.

4. Rights

In accordance with the Applicable Regulations, we inform you that you have control over the use of your personal data and that You may at any time freely exercise Your rights:

  • Of access to request confirmation that data relating to You is or is not being processed and, where it is, access to said data as well as certain information about its processing (Article 15 of the UK GDPR),
  • To rectification of inaccurate or incomplete data (Article 16 of the UK GDPR),
  • To erasure of your data (in the cases provided for in Article 17 of the UK GDPR),
  • To restriction of the processing of your data (in the cases provided for in Article 18 of the UK GDPR),
  • To portability of data you have yourself provided (only where the processing thereof has as its legal basis consent or a contract (Article 20 of the UK GDPR),
  • To object (i) to the processing of your data (only where the processing thereof has as its legal basis the legitimate interest of THE SMILIST and subject to the User justifying reasons relating to their particular situation) (Article 21.1 of the UK GDPR) and (ii) to the processing of your data for prospecting purposes, including profiling (Article 21.2 of the UK GDPR),
  • To determine what happens to your data after your death and to choose to whom THE SMILIST must or must not communicate your data to a third party you have previously designated.

Likewise, insofar as the processing of the User's data is based on consent given by the latter, the latter is entitled to withdraw said consent at any time, which does not however affect the lawfulness of the processing based on consent prior to the withdrawal of said consent.

To exercise these rights, the User may send a written request to THE SMILIST at the address 46 RUE DE TURBIGO 75003 PARIS 3, or by email to: contact@thesmilist.co

THE SMILIST undertakes to respond within one (1) month of receiving Your request. If necessary, this period may be extended by two (2) months, taking into account the complexity and number of requests addressed to us. In this case, you will be informed of this extension and the reasons for the delay.

If your request is submitted electronically, the information will also be provided to you electronically where possible, unless you expressly request otherwise.

In the event that we are unable to act on your request, we will inform you of the reasons and you will have the option of lodging a complaint with the relevant supervisory authority and/or bringing legal proceedings.

In any event, you may lodge a complaint with the Information Commissioner's Office (ICO) if you consider that your rights are not being respected: https://ico.org.uk/make-a-complaint/.

5. International Transfers

Your personal data may also be transferred to and processed outside the United Kingdom (UK), in countries whose level of data protection may be lower than that of the UK.

In such cases, we will adopt appropriate safeguards aimed at ensuring the security of the international transfer of personal data in accordance with the provisions of the UK GDPR, for example by concluding specific agreements with the importer of said data.

6. Security Measures

In accordance with Article 32 of the UK GDPR, personal data will be processed with the necessary level of protection, by adopting appropriate technical and organisational measures to prevent any alteration, accidental loss, disclosure or unauthorised access as well as any other form of inappropriate processing.

In the application of such measures, we take into account, among other things, the nature of the data processed, the risks, as well as technological advances and the costs of their implementation. We update and manage our databases to ensure that your data is always accurate and precise.

7. Update of the Privacy Policy

THE SMILIST reserves the right to modify or update the Policy at any time. Any change or update will be effective immediately upon publication on the Site.

You undertake to consult this Policy on each visit to the Site. The version in force will be the one available at the date of use of the Site or the User's order.

In the event that such changes are significant / impact the rights and obligations of the User, THE SMILIST will inform the User in advance. THE SMILIST will seek their consent to the extent required by applicable law.

8. Applicable Law and Dispute Resolution

This Policy is governed by English law, subject to any mandatory provisions of the law of any other country in which the User resides. In the event of a dispute and where an amicable agreement cannot be reached, the competent court will be determined according to the applicable procedural rules.

Date of last update: September 2022