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

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

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

Respecting your privacy and personal data is a priority for THE SMILERY , which is committed to processing Your data in compliance with the French Data Protection Act No. 78-17 of January 6, 1978 as amended, the EU General Data Protection Regulation 2016/679 of April 27, 2016 (hereinafter "GDPR"), and the related CNIL standards and recommendations (collectively, the "Applicable Regulations").

1. Data Controller

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

If the User wishes to exercise one of their rights provided for by the Applicable Regulations and mentioned in the "Rights" clause of this Policy, the User may contact THE SMILERY 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 if there is any doubt about the identity of the requester).

2. Purpose of Processing

We only process Your data to ensure optimal use of our Site, to respond to Your requests, and to keep You informed of our news and promotions.

2.1. How does THE SMILERY collect Your data?

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

• When You create a user account on the Site and in connection with the use of its features,
• When You make a purchase of a product offered by THE SMILERY ,
• When You use one of Our contact forms or interact with Us by any other means (email, phone, social media...),
• When You subscribe to our newsletter,
• When You browse Our Site.

2.2. Why does THE SMILERY collect Your data?

THE SMILERY 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, ordering, delivery, billing) or with your consent (for example, contact requests, sending a newsletter to non-customers) or legitimate interest (for example, commercial prospecting for customers regarding similar products). These purposes are specific and legitimate and, under no circumstances, will Your data be subsequently processed in a manner incompatible with these purposes, unless your prior agreement is obtained.

As such, We may use Your data, as applicable, to:

• Respond to Your purchase or contact requests,
• Create a customer account,
• Manage and fulfill orders,
• Manage order cancellations,
• Manage our after-sales service,
• Manage any claims,
• Manage our press or professional relations,
• Send You a reminder email about your abandoned carts

2.3. What data do We collect?

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

• Your title, last name and first name, in order to know how to address You and recognize You.
• Your email address, to access your user account, contact You following your request, or, subject to Your prior consent where required by applicable regulations, to communicate with You about Our news and promotions.
• Your postal address for delivery and billing purposes, or to communicate with You about Our news and promotions.
• Your phone number, to track Your order or reservation, or to contact You at your request.
• Your payment information to accept Your payments and process Your refunds, detect fraud, and protect You against it.

Mandatory fields are those marked as such with the symbol (*). If You do not fill in these fields, We will unfortunately be unable to process your request. All other data is optional, meaning You are free to provide it or not, without any particular obligation or inconvenience to You.

During Your browsing on our Site and 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 privacy commitments in this regard, You may refer to our "Cookies" section. Each user is also invited to accept the placement of cookies on their device when they first visit this Site.

3. Recipients

Your personal data will not be disclosed to third parties for their use, unless we have obtained Your consent or 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 transfer. Such transfer notably includes a transfer to Switzerland in connection with the hosting of the Site.

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

We may also share Your data to respond to legal or regulatory requests, court orders, subpoenas or legal proceedings, where compliance with applicable regulations requires it, as well as in the event that THE SMILERY 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 passed on to our Partners for the purpose of commercial prospecting by email. These "Partners" include Mailchimp for sending advertising campaigns by email, and Google Analytics for analyzing 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, free of charge, exercise your rights:

• Right of access to request confirmation that data concerning 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 GDPR),
• Right to rectification of inaccurate or incomplete data (Article 16 of the GDPR),
• Right to erasure of your data (in the cases provided for in Article 17 of the GDPR),
• Right to restriction of processing of your data (in the cases provided for in Article 18 of the GDPR),
• Right to data portability of data you have provided yourself (only where the processing is based on consent or a contract) (Article 20 of the GDPR),
• Right to object (i) to the processing of your data (only where the processing is based on the legitimate interest of THE SMILERY and provided the User justifies reasons relating to their particular situation) (Article 21.1 of the GDPR) and (ii) to the processing of your data for prospecting purposes, including profiling (Article 21.2 of the GDPR),
• Right to determine what happens to your data after your death and to choose who THE SMILERY should or should not communicate your data to, to a third party previously designated by you (Article 85 of the French Data Protection Act).

Similarly, insofar as the processing of the User's data is based on their consent, they are entitled to withdraw such consent at any time, which does not affect the lawfulness of processing based on consent prior to its withdrawal.

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

THE SMILERY is committed to responding 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 that 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 fulfill your request, we will inform you of the reasons and you will have the option to lodge a complaint with a competent supervisory authority and/or seek judicial redress.

In any event, you may lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL) if you consider that your rights are not being respected: https://www.cnil.fr/fr/plaintes.

5. International Transfers

Your personal data may also be transferred to and processed outside the European Economic Area (EEA), in countries where the level of data protection may be lower than that of European countries.

In this case, We will adopt appropriate protective measures aimed at ensuring the security of the international transfer of personal data in accordance with the provisions of the GDPR, for example by concluding specific agreements with the data importer.

6. Security Measures

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

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

7. Privacy Policy Updates

THE SMILERY reserves the right to modify or update the Policy at any time. Any change or update will take effect immediately upon publication on the Site.

You agree 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 or impact the rights and obligations of the User, THE SMILERY will inform the User in advance. THE SMILERY will seek their consent to the extent required by applicable law.

8. Applicable Law and Dispute Resolution

This Policy is governed by French law, unless mandatory provisions of the law of any other country in which the User resides apply. In the event of a dispute and if an amicable agreement cannot be reached, the competent court will be determined in accordance with the applicable procedural rules.

Last updated in September 2022