Last update : August 2020
SmartGarant SAS is concerned about respecting the privacy and confidentiality of the Personal Data of Users (hereinafter the "Users") browsing the website www.smart-garant. com (hereinafter the "Site"), the latter undertakes to process the Personal Data of its Users in compliance with the applicable laws and regulations, and in particular Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms (hereinafter the "Information Technology and Freedoms Law"), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "Regulation").
1. Scope of application
This Policy complements the General Terms and Conditions of Use of the Site accessible at the following link: https://www.smart-garant.com/cgu and applies to all Personal Data collected and processed during the User's visit to the Site.
By browsing the Site, the User declares that he/she accepts the terms of this Policy.
2. Data collected
The Company ensures that it only collects and processes data that is strictly necessary for the purpose for which it is processed.
The Company thus processes the User's Personal Data, in particular during the following operations:
- When the User creates a User Space on the Site;
- When the User pays for warranty services on the Site;
- When the User subscribes to newsletters and other commercial information from the Company;
- When the User applies for a job offer or submits a spontaneous application on the Site;
- When the User contacts the Company, in particular via the contact form available on the Site.
In this context, a certain amount of Personal Data concerning the User is directly transmitted to SmartGarant SAS, this is notably the case of :
- Information identifying the User: their surname(s) and first name(s), their telephone number, their date of birth, contact preference, email address, password, etc. ;
- Information relating to their professional and family situation and status, as well as their income, Kbis, employment contract, tax notice, savings, bonuses, etc. ;
- Information relating to their future landlord, notably name, first name, email address, telephone number;
- The information contained in the documents downloaded for the purposes of the Eligibility Analysis by SmartGarant;
- The date of certain actions (creation of the User Space and submission of questionnaires), validation of the General Terms and Conditions of Use of the Website, signature of the SmartGarant guarantee contract, etc. ;
- The rental information defined in the lease (address, start date of the lease, rent amount, type of rental, etc.);
- Direct debit and payment information to the landlord (bank statements);
- Application information: CV and cover letter;
- Information relating to browsing, including cookies: data that the Company collects during the User's browsing of the Site, such as the date and time of connection and/or browsing, the type and version of the browser, the language of the browser, its IP address, location and geolocation data, the operating system, etc. ;
- Any other information provided by the User, in particular via the contact form on the Site.
Personal Data may also be collected from other sources and third parties, including
- Companies with which the Company offers joint services, provided that the User's consent has been given to this third party company beforehand;
- Publicly available sources.
3. Use of the data
SmartGarant processes the User's Personal Data for the following purposes:
- The opening of the User Space on the Site, and the provision of the Services;
- The provision of technical support, a service or complementary product and thus allow the proper functioning of the Service;
- The improvement of the Service and other products;
- Notification of changes, updates and other announcements relating to the Service and other products and services;
- To provide promotional messages and other information about our Services, products and events and any news related to our Service;
- Participation in surveys related to SmartGarant SAS;
- The establishment of relationships with one or more service providers;
- The elaboration of statistics and actuarial studies;
- The conclusion, management and execution of the guarantee contract;
- The exercise of recourse and the management of claims and disputes;
- The processing of Users' questions and complaints.
The legal basis for these processing operations is their necessity for the performance of a contract to which the User is a party.
In addition, in order to meet its obligations, SmartGarant SAS will also be required to process the Personal Data of its Users in the context of the execution of legal, regulatory and administrative provisions in force, in particular the fight against money laundering, against the financing of terrorism and against fraud.
SmartGarant, in the context of the realization of its legitimate interests consisting in particular in the improvement of its services by a greater knowledge of the customer, and in the realization of commercial operations for the needs of acquisition and development of customer loyalty, can also process the Personal Data of its Users for the following purposes operations relating to customer management and commercial prospecting (e.g. sending newsletters and other information relating to SmartGarant SAS's products and offers); improving customer service in order to offer more suitable products or services, to offer a contract or a complementary service; commercial statistics; managing people's opinions on products and services.
4. Recipients of the data
The recipients of the Personal Data are, within the strict framework of the purposes stated above
- The staff of SmartGarant SAS;
- Our partners;
- Our service providers or subcontractors, to perform services related to the Site and to the services of SmartGarant SAS (in particular hosting, storage, analysis, data processing, database management, payment or computer maintenance services). These third party service providers only act on the instructions of the Company and will only have access to the Personal Data of the Users in order to carry out the purposes pursued at the time of the collection of the said Personal Data and will be bound by the same obligations of security and confidentiality as the Company.
In addition, User Personal Data may be shared with third parties in the context of a merger, acquisition or sale of all or part of the Company's assets, of which the User acknowledges having been informed; In response to legal or administrative proceedings of any kind or to law enforcement measures requested by the competent authorities; To comply with legal obligations, to protect https://www. smart-garant.com/the rights and/or safety of an individual, to protect the rights and property of the Company, including the need to enforce this Policy, and to prevent fraud, security or technical problems.
The User's Personal Data collected by the Company is processed within the European Union (EU). However, for certain specific services, the Company may use subcontractors established outside the EU. Certain Personal Data may then be communicated to them for the strict needs of their missions. In this case, in accordance with the regulations in force, the Company requires its subcontractors to provide the necessary guarantees for the supervision and security of these transfers, by setting up adequate protection mechanisms, in particular by signing the Standard Contractual Clauses approved by the European Commission, which are available on request from the User.
If the User provides Personal Data to third parties, it is the User's responsibility to have informed them and to have obtained their consent to communicate them to the Company, in accordance with the Applicable Regulations.
The User hereby guarantees that the Personal Data provided by him/her is true, complete and accurate and undertakes to inform the Company of any changes thereto. Any loss or damage caused to the Site or the Company, following the communication of erroneous, inaccurate or incomplete information in the registration forms, shall be the sole responsibility of the User.
SmartGarant SAS undertakes to obtain the prior consent of the User, in particular by means of an opt-in, before transmitting the data to partners for commercial prospecting purposes.
The User's data is never commercialized without his consent.
5. Exercising your rights
The User has the right to access, rectify and delete his/her Personal Data. Where consent is required for processing, the User has the right to withdraw it. Under certain regulatory conditions, the User has the right to request the limitation of the processing or to oppose it. The User may exercise these various rights by emailing email@example.com.
The User may also, at any time and without reason, oppose the processing of his Personal Data for commercial prospecting purposes, and request the portability of the data he has transmitted when they were necessary for the contract or when his consent was required.
The User also has the right to provide instructions on what to do with his/her personal data after his/her death.
Complaints regarding the collection or processing of personal data may be sent by email to firstname.lastname@example.org. In the event of persistent disagreement concerning his/her data, the User has the right to refer to the CNIL at the following address Commission Nationale Informatique et Libertés, 3 place de Fontenoy 75007 Paris, https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil, or by telephone on 01 53 73 22 22.
6. Age of consent
By using our Website, you declare that you are at least the legal age of majority in your place of residence.
7. Storage of your data
Your data is stored securely at Amazon Web Services.
In accordance with its legal obligations, SmartGarant SAS undertakes to take all reasonable technical and organisational measures, and imposes on its subcontractors all necessary obligations to ensure the security and confidentiality of its Users' Personal Data.
9. Data retention
SmartGarant keeps Personal Data for the following periods:
- If the User is not eligible or if he/she stops the subscription process before signing the contract, his/her User account will be deleted within three (3) years, and the corresponding data will be deleted or anonymised;
- If the User is eligible, his/her Personal Data will be kept for the duration of the SmartGarant Contract, until the expiry of both the legal limitation periods and the periods provided for by the various retention obligations imposed by the regulations (three (3) years after the account is inactive). The data will then be deleted or made anonymous.
When cookies or other tracers are deposited on the User's terminal, they are kept in accordance with the legal obligations and recommendations issued by the authorities (i.e. thirteen (13) months in France for cookies and tracers that are not essential to the operation of the Site).
Anonymous data may be used by SmartGarant SAS and its partners for statistical analysis (in particular, on the risks of non-payment in order to adjust the service).