INTRODUCTION
Lupin Dental (the “Company”) respects the privacy of our users. The protection and the confidentiality of your Personal Data is of particular importance to us.
Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “GDPR”), we hereby provide you with information regarding the processing of your Personal Data provided by you and/or collected via the website https://hismiley.com.
This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website https://hismiley.com and our mobile application, including any other media form, media channel, mobile website, or mobile application related or connected thereto (hereinafter referred to as the “Site”), the purposes of the processing for which the personal data are intended as well as the legal basis for the processing, why we use and share such data, how long we store it, and how you may exercise your rights.
By accepting these rules you also agree, consent and confirm that when posting user content and any other information you do not violate the rights of third parties in connection with the protection of their Personal Data.
The Personal Data are processed in accordance with the GDPR, the reference French law n° 2018-493 and all other applicable acts in connection with the protection of the Personal Data.
Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please, do not access the Site.
We reserve the right to make changes to this Privacy Policy at any time and for any reason in whole or in part by posting a new version on our Site. We will alert you about any changes by updating the ”Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. If you do not accept changes to this Privacy Policy, please discontinue using the Sites and services.
You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.
This Privacy Policy was created using the help of Termly's Privacy Policy Generator.
PERSONAL DATA CONTROLLER
The Personal Data collected via the Site shall be processed by Lupin Dental (SAS DIGICUTO), a joint stock company, duly incorporated and existing under the legislation of France, registered in the Registry at the Commercial Court of Marseille under Siret 850 067 877 00017, VAT registration number FR20850067877, having its registered seat and address of management at 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, in its capacity of data controller (hereinafter the “Controller”).
The Controller acts as a Data controller in compliance with the Applicable legislation on personal data protection in relation to the Personal Data of users of the Site and in providing services in connection with our core business.
If you have any questions about this Privacy Policy or your Personal Data, please, contact us.
Contact information of the Controller:
Company name: Lupin Dental (SAS DIGICUTO)
SIRET: 850 067 877 00017
VAT registration: FR20850067877
Registered seat and addresses of management: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France
Address for correspondence: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France
E-mail: info@lupindental.com
Contact information of the Controller's person responsible for the data processing and protection:
Name: Aurelien Regat-Barrel
E-mail: aurelien@lupindemtal.com
Telephone: +33610907076
DEFINITIONS
“Controller” means Lupin Dental (SAS DIGICUTO), a joint stock company, duly incorporated and existing under the legislation of France, registered in the Registry at the Commercial Court of Marseille under Siret 850 067 877 00017, VAT registration number FR20850067877, having its registered seat and address of management at 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France.
“Personal Data” means any information relating to an identified or identifiable natural person, who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.
“User“ means anyone who accesses the website without a registration as a guest or creates a user account in order to use the services of the Company.
"Applicable legislation" means legislation of the European Union and France, which is relevant to the protection of personal data, including, but not limited to: GDPR, the reference French law n° 2018-493 and others.
“Special categories of personal data” means data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
“Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
We collect and process your Personal Data on the grounds provided for in the Applicable legislation, to the extent necessary to carry out our activities and to achieve a high standard for our products and services.
We keep the data we process minimized and protected as much as possible. However, in order for you to use our services, we must process some Personal Data. By using one of our services and/or registering an account, you accept and confirm that you have read and understood this Privacy Policy.
In cases where the information is not collected for compliance with a legal obligation, for the performance of a contract to which you are a party, or for taking steps at your request before concluding a contract, in connection with the legitimate interest of the Controller or to protect your vital interests, you may be required to consent to the provision and the processing of your personal data. Without consent, it may be impossible to receive some of the services, including receiving notifications of upcoming events and special terms and conditions, or communication with you may be difficult and delayed.
The information we may collect on the Site includes:
Personally identifiable information, namely: (a) contact data: your first, middle and surname, your email address and other unique identifiers of yours such as passwords); (b) first, middle and surname, email address, VAT number (if applicable), your login account details and all the information related to the service you intend to purchase (e.g. option, price, information on the relevant addressee) if you create an account and use our services; (c) demographic information, namely: your age, gender, date of birth, home-town, profession, education and interests, that you voluntarily give to us (when you register with the Site or our mobile application, or) when you choose to participate in various activities related to the Site and our mobile application, such as online chat and message boards , and (d) face data, consisting of points extracted from an image namely: basic eye left, basic eye right, basic eye left outer, basic eye right outer, basic eye left inner, basic eye right inner, basic mouth left, basic mouth right, basic nose tip, basic mouth center, basic eyebrow left, basic eyebrow left inner corner, basic eyebrow left outer corner, basic eyebrow right, basic eyebrow right inner corner, basic eyebrow right outer corner, basic chin bottom, basic chin left, basic chin right, basic nose left, basic nose right, chin ear left, chin left 1, chin left 2, chin left 3, chin left 4, chin left 5, chin bottom, chin right 5, chin right 4, chin right 3, chin right 2, chin right 1, chin ear right, temple right 4, temple right 3, temple right 2, temple right 1, temple right, forehead right, forehead 4, forehead 3, forehead middle, forehead 2, forehead 1, forehead left, temple left, temple left 1, temple left 2, temple left 3, temple left 4, eye right outer, eye right bottom outer, eye right bottom, eye right bottom inner, eye right inner, eye right top inner, eye right top, eye right top outer, eye left outer, eye left top outer, eye left top, eye left top inner, eye left inner, eye left bottom inner, eye left bottom, eye left bottom outer, eyebrow right inner, eyebrow right top inner, eyebrow right top, eyebrow right top outer, eyebrow right outer, eyebrow right bottom outer, eyebrow right botom, eyebrow rigth bottom inner, eyebrow left inner, eyebrow left top inner, eyebrow left top, eyebrow left top outer, eyebrow left outer, eyebrow left bottom outer, eyebrow left bottom, eyebrow left bottom inner, mouth left, mouth left top, mouth top, mouth right top, mouth right, mouth right bottom, mouth bottom, mouth left bottom, nose left top, nose left top inner, nose left top outer, nose left bottom outer, nose left bottom inner, nose bottom, nose right bottom inner, nose right bottom outer, nose right top outer, nose right top inner, nose right top, eye right iris, eye left iris, nose tip, cheekbone left, cheekbone right, nose bridge top, nose bridge middle, nose bridge bottom, mouth left top point 1, mouth left bottom point 1, mouth right bottom point 1, mouth right top point 1, mouth inner left, mouth inner left bottom, mouth inner bottom, mouth inner right bottom, mouth inner right, mouth inner right top, mouth inner top, mouth inner left top, and images/photos that you have taken and uploaded to the Site as a User while using the services on the Site, namely: an image/photo of your face – a full frontal open face and contour lines (even the slightest turn of the head is not allowed) with a broad smile on it. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using the services on the Site or certain features of the Site and our mobile application.
Information our servers automatically collect when you access the Site, such as: your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site or our mobile application. We store only very limited, if any, financial information that we collect. When you pay for the services provided by our Site, your payment card information is processed by our payment processor. Our payment processor collects your voluntarily provided payment card information necessary to process your payment, and the use and the storage of the information it collects is governed by its own applicable terms of service and privacy policy. All financial information is stored by our payment processor - not implemented yet, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
The Site and our mobile application may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
User information from social networking sites - none at the moment, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. If you are using our mobile application, this information may also include the contact information of anyone you invite to use and/or join our mobile application.
Device information, such as: your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
If you connect using our mobile application:
● Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
● Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, storage, and other features. If you wish to change our access or permissions, you may do so in your device's settings.
● Mobile Device Data. We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
● Push Notifications. We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
We do not collect Personal Data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning a natural person's sex life or sexual orientation.
How We Collect Your Information
We collect information, including Personal Data and traffic data, both from you and from third parties who have provided information related to you, when accessing and using our services on the Site or our mobile application, such as:
When you use the services’ interactive tools on the Site;
When you voluntarily provide information in free-form text boxes through the services and through responses to surveys, questionnaires and the like;
If you download our mobile application, we may receive information about your location and mobile device;
Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Technologies”), as described below; and
When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.
PURPOSES OF THE PROCESSING FOR WHICH THE PERSONAL DATA ARE INTENDED AND LEGAL BASIS FOR THE PROCESSING
The Personal Data we collect from you shall only be used for the purposes for which it has been declared and/or always in accordance with the requirements of the Applicable legislation.
We shall process your Personal Data (including the images/photos that you have taken and uploaded to the Site as a User while using the services on the Site) for the following purposes:
1. For the conclusion and the performance of contracts to which you are a party in order to provide you with the services you request, in further details: to establish, perform and service commercial relations, to conclude contracts with you and execute the concluded contracts to which you are a party; to create your personal account; to process your payments. Processing here is on grounds of Article 6, para 1, letter (b) from the GDPR – for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, and Article 9, para 2, letter (a) from the GDPR – the data subject has given explicit consent to the processing of those Personal Data for one or more specified purposes, in all cases always adhering to all applicable laws and regulations. Any refusal to provide the Personal Data for the purposes set out here shall make it impossible to use and enjoy the services;
2. To answer a question, inquiry, request, notification and similar regarding products, services, cooperation, activities of the Controller. Processing here is on grounds of Article 6, para 1, letter (a) from the GDPR – the consent of the User. Any refusal to provide the consent and the Personal Data for the purposes set out here will make it impossible for us to answer the question, inquiry, request, notification and similar;
3. To handle complaints. Processing here is on grounds of Article 6, para 1, letter (e) from the GDPR – for the purposes of the legitimate interests pursued by the Controller. Any refusal to provide the Personal Data for the purposes set out here shall make it impossible to use and enjoy the services;
4. To improve the functioning of our Site. Processing here is on grounds of Article 6, para 1, letter (a) from the GDPR – the consent of the User. Any refusal to provide the consent and the Personal Data for the purposes set out here will make it impossible for us to improve the functioning of our Site;
5. To administer our activity, including reporting and analysis. Processing here is on grounds of Article 6, para 1, letter (e) from the GDPR – for the purposes of the legitimate interests pursued by the Controller. Any refusal to provide the Personal Data for the purposes set out here shall make it impossible to use and enjoy the services;
6. To allow you to benefit from the features offered by the Site, in further details: to allow you to communicate with us and obtain the information you request through the contact forms on the Site and to chat with/send a message to us through the forms on the Site. Depending on the exact situation Processing here is carried out either on grounds of Article 6, para 1, letter (a) from the GDPR – the consent of the User, in case of a question, inquiry, request, or on grounds of Article 6, para 1, letter (b) from the GDPR – for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. Any refusal to provide the Personal Data for the purposes set out above will make it impossible to send your contact request to us;
7. To send you, by e-mail advertising material and literature of a promotional nature or in any case involving commercial solicitation pertaining to services, products or discounts offered by us, as well as for conducting studies and surveys of the market, and elaborating related statistics. Processing here is on grounds of Article 6, para 1, letter (a) from the GDPR – the consent of the User. Any refusal to provide the Personal Data for the purposes set out here will have the sole consequence of making it impossible for us to send you advertising and promotional messages, to conduct studies and surveys of the market, and elaborating related statistics.
In the event that we intend to use and perform additional Processing of your Personal Data for purposes other than the purpose for which they were originally collected or which was subsequently authorized by you, we shall inform you about this and shall offer you the opportunity to choose whether you allow your Personal Data to be used for purposes other than the purpose for which they were originally collected or which were subsequently authorized by you.
If the Processing of the Personal Data is on grounds of your consent, given by you, you can at any time withdraw your consent for the Processing of Personal Data by writing to us in any way convenient for you: by a letter to: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, at the e-mail address: info@lupindental.com. Your Personal Data will be deleted from our systems within one month as of the date of receiving your request for withdrawing your consent. The withdrawal of the consent does not affect the lawfulness of the Processing based on a given consent prior to its withdrawal. Giving consent is voluntary, but you should keep in mind that it is necessary and that in the absence of your consent in the above cases, we shall not be able to provide the activities and services related to the given consent.
By using the Site, you agree to receive marketing materials that are an integral part of it. An integral element of the Site are, for example, advertising banners on which we can promote our services and products or other advertising content. You have the option to opt out of these marketing communications at any time. Upon withdrawal of your consent, we shall not be able to send you marketing messages and provide you with offers, proposals, products, services, invitations to events. The withdrawal of the consent does not affect the lawfulness of the Processing based on a given consent prior to its withdrawal.
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site or our mobile application to:
● Assist law enforcement and respond to subpoena.
● Compile anonymous statistical data and analysis for use internally.
● Create and manage your account.
● Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site and our mobile application to you.
● Email you regarding your account or order.
● Enable user-to-user communications.
● Fulfill and manage purchases, orders, payments, and other transactions related to the Site and our mobile application.
● Generate a personal profile about you to make future visits to the Site and our mobile application more personalized.
● Increase the efficiency and operation of the Site and our mobile application.
● Monitor and analyze usage and trends to improve your experience with the Site and our mobile application.
● Notify you of updates to the Site and our mobile application.
● Offer new products, services, mobile applications, and/or recommendations to you.
● Perform other business activities as needed.
● Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
● Process payments and refunds.
● Request feedback and contact you about your use of the Site and our mobile application.
● Resolve disputes and troubleshoot problems.
● Respond to product and customer service requests.
● Send you a newsletter.
● Solicit support for the Site and our mobile application.
Access to your Personal Data in our structure have only the relevant employees of ours, who are assigned to Process Personal Data according to their position and job function.
We may disclose information we have collected about you in certain situations. Your information may be disclosed as follows:
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation with public authorities, law enforcement authorities, state/municipal authorities and other bodies of public administration, national and European regulatory authorities. This includes exchanging information with other entities for fraud protection and credit risk reduction, if required and necessary by the Applicable legislation.
We may disclose your information for the purpose of performing a concluded contract with third parties - partners, service providers and subcontractors that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. We do not allow our third-party service providers to use the Personal Data we share with them for their marketing purposes or for any purpose other than in connection with the services they provide to us.
With your consent we may share your information with third parties for marketing purposes, as permitted by law.
If you interact with other users of the Site and our mobile application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
When you post comments, contributions or other content to the Site or our mobile applications, your posts may be viewed by all users and may be publicly distributed outside the Site and our mobile application in perpetuity.
We may use third-party advertising companies to serve ads when you visit the Site or our mobile application. These companies may use information about your visits to the Site and our mobile application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Our mobile application may display a third-party hosted ”offer wall“. Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in our mobile application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave our mobile application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.
If you connect to the Site or our mobile application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. When one of these events occurs, we will use
reasonable efforts to notify you before your information becomes subject to
different privacy and security policies and practices.
Disclosure of Face Data and Images/Photos that You Have Taken and Uploaded to the Site as a User while Using the Services on the Site
We shall not disclose or disseminate any Face Data and/or images/photos that you have taken and uploaded to the Site as a User while using the services on the Site to anyone other than Lupin Dental Company, as owner of HiSmiley without/unless:
1. First obtaining your explicit consent to such disclosure or dissemination; or
2. The disclosed data completes a financial transaction requested or authorized by you; or
3. Disclosure is required by state, municipal or administrative authority as per an applicable law or order; or
4. Disclosure is required pursuant to a valid warrant or subpoena issued by a court/authority of competent jurisdiction.
Disclosure in this case will be always in strict adherence to all laws and regulations.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
The Tracking Tools that we may use and how we may use them include:
“Cookies” are small computer files transferred to your computer’s or device’s hard drive that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the services on the Site. “Web Beacons” are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our services, the websites of selected advertisers and the emails, special promotions or newsletters that we send you.
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site and our mobile application to help customize the Site and our mobile application and improve your experience. We may use Cookies to help us improve the services by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the services, customizing your experience with the services and for analytics and fraud prevention. The information collected by Web Beacons allows us to monitor how many people are using the services, using the selected advertisers' websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising. When you access the Site or our mobile application, your personal information is not collected through the use of tracking technology. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site or our mobile application. You may not decline web beacons. However, they can be rendered ineffective by declining all Cookies or by modifying your web browser”s settings to notify you each time a Cookie is tendered, permitting you to accept or decline Cookies on an individual basis.
For more information on how we use Cookies, please refer to our Cookie Policy posted on the Site. By using the Site, you agree to be bound by our Cookie Policy.
Additionally, we may use third-party software to serve ads on the Site and our mobile application, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
We may also partner with selected third-party vendors, such as Adobe Analytics, Clicktale, Clicky, Cloudfare, Crazy Egg, Flurry Analytics, Google Analytics, Heap Analytics, Inspectlet, Kissmetrics, Mixpanel, Piwik, and others, to allow tracking technologies and remarketing services on the Site and our mobile application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site and our mobile application, determine the popularity of certain content and better understand online activity. By accessing the Site or our mobile application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
The Site and our mobile application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site or our mobile application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site or our mobile application.
We use administrative, technical, and physical security measures to help protect your personal information. We have taken a wide range of technical and organizational measures to protect your Personal Data against loss or other forms of unlawful Processing. The Personal Data is available only to those persons who need access to perform their work in connection with the provision of our services. We protect the personal information against risks such as loss or theft, unauthorized access, disclosure, copying, use, alteration or destruction through appropriate security measures. We protect the information regardless of the form in which it is stored. We regularly review our security procedures to consider appropriate new technology and methods. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties.
TRANSMISSION AND TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We do not transfer your Personal Data to third countries and do not transfer it outside the EU or the EEA.
STORAGE AND RETENTION OF PERSONAL DATA
Your Personal Data, including images/photos that you have taken and uploaded to the Site as a User while using the services on the Site, will be stored, retained and protected using a reasonable standard of care, in a manner that is the same as or that exceeds the standards of care used to protect other confidential information held by us. This includes, among other things, restricting access to Personal Data to authorized employees or vendors who have a business need to access the information, and using reasonable technological means to prevent unauthorized access to the information. Such storage, retention and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which we store, retain and protect from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual's account or property, such as genetic markers, account numbers, PINs.
Your Personal Data, including Face Data and Images/Photos that you have taken and uploaded to the Site as a User while using the services on the Site, is stored, correspondingly retained, on the servers of the Controller at SuperHosting.BG EOOD, registered in the Commercial Register and RNPLE at the Registry Agency with UIC 131449987, with a registered seat and address of management in Sofia 1797, Izgrev Municipality, l.q. Iztok, 36 Dr. G.M. Dimitirov Blvd., Bulgaria, located in Sofia, Bulgaria.
We store, correspondingly retain, your Personal Data (reasons for storing/retention) as part of the process of the provision of the services with regard to the conclusion, performance and servicing the commercial relation and the execution of the concluded contract to which you are a party, to ensure the normal use of the functions of the Site and our mobile application, or if storage is necessary for the compliance with a legal obligation.
We store, correspondingly retain, your Personal Data, including Face Data and Images/Photos that you have taken and uploaded to the Site as a User while using the services on the Site and our mobile application, for the longer period of:
As long as it is necessary to fulfil your order and follow up with communications about your order – whereby the storage/retention is necessary for the conclusion, performance and servicing the commercial relation and the execution of the concluded contract to which you are a party and to ensure the normal use of the functions of the Site and our mobile application; or
The expiration of the purpose for which the Personal Data was collected or obtained, such as the expiration/termination of your contract with us, or you having discontinued using our product or services for which your Personal Data was used – whereby the storage/retention is necessary for the conclusion, performance and servicing the commercial relation and the execution of the concluded contract to which you are a party and to ensure the normal use of the functions of the Site and our mobile application; or
one (1) year from the date of your last interaction with us on the Site or on our mobile application – whereby the storage/retention is necessary in respect of our operational requirements with a view to protecting our legitimate rights and interests; or
As long as it may be required it by local laws or regulations of the applicable jurisdiction where the data was collected – whereby the storage/retention is compulsory law.
Personal Data shall only be retained for a greater period where: this is required by local laws or regulations for the purposes of record-keeping requirements; or prescribed by a contract and permissible under the laws of the applicable jurisdiction; or retention is necessary due to a pending or a potential litigation/arbitration/mediation.
Personal Data which is no longer subject to storage/retention shall be permanently destroyed or anonymized in the respective order after the occurrence of this event. If in the future any of our vendors and/or licensors have access to your Personal Data they shall be also requested to permanently destroy such Personal Data and to present evidence about its destruction.
The Services are not intended for use by children and children under the age of 18 years old
are prohibited from using the Services. If you are under the age of 18 years old, you can use the site only with the consent of a parent or a guardian. We do not knowingly Process data from or market to children under the age of 18 years old without parental consent. If you become aware of any data we have collected data from children under age 18 years old without parental consent, we shall take reasonable steps to delete it as quickly as possible. Please contact us using the contact information provided below if you are aware of any such situation. We also comply with other age restrictions and requirements in accordance with applicable local laws.
Most web browsers and some mobile operating systems and our mobile applications include a Do-Not-Track (”DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
You may at any time review or change the information in your account or terminate your account by:
● Logging into your account settings and updating your account;
● Contacting us using the contact information provided below;
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files for the relevant legal terms as per the applicable legislation to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
● Noting your preferences at the time you register your account with the Site or our mobile application;
● Logging into your account settings and updating your preferences;
● Contacting us using the contact information provided below.
If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
SPECIAL PROVISIONS ON FACE DATA AND IMAGES/PHOTOS
In addition to and in clarification of the general provisions of this Privacy Policy in this Section you can find details concerning your Face Data and Images/Photos herein below.
The information we may collect on the Site includes Face Data, consisting of points extracted from an image namely: basic eye left, basic eye right, basic eye left outer, basic eye right outer, basic eye left inner, basic eye right inner, basic mouth left, basic mouth right, basic nose tip, basic mouth center, basic eyebrow left, basic eyebrow left inner corner, basic eyebrow left outer corner, basic eyebrow right, basic eyebrow right inner corner, basic eyebrow right outer corner, basic chin bottom, basic chin left, basic chin right, basic nose left, basic nose right, chin ear left, chin left 1, chin left 2, chin left 3, chin left 4, chin left 5, chin bottom, chin right 5, chin right 4, chin right 3, chin right 2, chin right 1, chin ear right, temple right 4, temple right 3, temple right 2, temple right 1, temple right, forehead right, forehead 4, forehead 3, forehead middle, forehead 2, forehead 1, forehead left, temple left, temple left 1, temple left 2, temple left 3, temple left 4, eye right outer, eye right bottom outer, eye right bottom, eye right bottom inner, eye right inner, eye right top inner, eye right top, eye right top outer, eye left outer, eye left top outer, eye left top, eye left top inner, eye left inner, eye left bottom inner, eye left bottom, eye left bottom outer, eyebrow right inner, eyebrow right top inner, eyebrow right top, eyebrow right top outer, eyebrow right outer, eyebrow right bottom outer, eyebrow right botom, eyebrow rigth bottom inner, eyebrow left inner, eyebrow left top inner, eyebrow left top, eyebrow left top outer, eyebrow left outer, eyebrow left bottom outer, eyebrow left bottom, eyebrow left bottom inner, mouth left, mouth left top, mouth top, mouth right top, mouth right, mouth right bottom, mouth bottom, mouth left bottom, nose left top, nose left top inner, nose left top outer, nose left bottom outer, nose left bottom inner, nose bottom, nose right bottom inner, nose right bottom outer, nose right top outer, nose right top inner, nose right top, eye right iris, eye left iris, nose tip, cheekbone left, cheekbone right, nose bridge top, nose bridge middle, nose bridge bottom, mouth left top point 1, mouth left bottom point 1, mouth right bottom point 1, mouth right top point 1, mouth inner left, mouth inner left bottom, mouth inner bottom, mouth inner right bottom, mouth inner right, mouth inner right top, mouth inner top, mouth inner left top, and Images/Photos that you have taken and uploaded to the Site as a User while using the services on the Site and our mobile application, namely: an image/photo of your face – a full frontal open face and contour lines (even the slightest turn of the head is not allowed) with a broad smile on it. You are under no obligation to provide us with Face Data and Images/Photos of any kind, however your refusal to do so may prevent you from using the services on the Site and our mobile application or certain features of the Site and our mobile application.
We collect Face Data and Images/Photos, both from you and from third parties who have provided information related to you, when accessing and using our services on the Site or our mobile application, when using the services’ interactive tools on the Site or our mobile application and when voluntarily providing information through the services.
The Face Data and Images/Photos we collect from you shall only be used for the purposes for which it has been declared and/or always in accordance with the requirements of the Applicable legislation. We shall process your Face Data and Images/Photos for the following purposes:
For the conclusion and the performance of contracts to which you are a party in order to provide you with the services you request, in further details: to perform and service commercial relations, to execute the concluded contracts to which you are a party. Processing here is on grounds of Article 6, para 1, letter (b) from the GDPR – for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, and Article 9, para 2, letter (a) from the GDPR – the data subject has given explicit consent to the processing of those Face Data and Images/Photos for one or more specified purposes, in all cases always adhering to all applicable laws and regulations. Any refusal to provide the Face Data and Images/Photos for the purposes set out here shall make it impossible to use and enjoy the services;
To answer a question, inquiry, request, notification and similar regarding products, services, cooperation, activities of the Controller. Processing here is on grounds of Article 6, para 1, letter (a) from the GDPR – the consent of the User. Any refusal to provide the consent and the Face Data and Images/Photos for the purposes set out here will make it impossible for us to answer the question, inquiry, request, notification and similar;
To handle complaints, disputes or litigation. Processing here is on grounds of Article 6, para 1, letter (e) from the GDPR – for the purposes of the legitimate interests pursued by the Controller. Any refusal to provide the Face Data and Images/Photos for the purposes set out here shall make it impossible to use and enjoy the services.
In the event that we intend to use and perform additional Processing of your Face Data and Images/Photos for purposes other than the purpose for which they were originally collected or which was subsequently authorized by you, we shall inform you about this and shall offer you the opportunity to choose whether you allow your Face Data and Images/Photos to be used for purposes other than the purpose for which they were originally collected or which were subsequently authorized by you.
If the Processing of the Face Data and Images/Photos is on grounds of your consent, given by you, you can at any time withdraw your consent for the Processing of Face Data and Images/Photos by writing to us in any way convenient for you: by a letter to: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, at the e-mail address: info@lupindental.com. Your Face Data and Images/Photos will be deleted from our systems within one month as of the date of receiving your request for withdrawing your consent. The withdrawal of the consent does not affect the lawfulness of the Processing based on a given consent prior to its withdrawal. Giving consent is voluntary, but you should keep in mind that it is necessary and that in the absence of your consent in the above cases, we shall not be able to provide the activities and services related to the given consent.
We may use Face Data and Images/Photos collected about you via the Site or our mobile application to: conclude, perform and service commercial relations, to execute the concluded contracts to which you are a party; answer a question, inquiry, request, notification and similar regarding our products, services, cooperation, activities; handle complaints, resolve disputes, assist law enforcement and respond to subpoena; prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Access to your Face Data and Images/Photos in our structure have only the relevant employees of ours, who are assigned to Process Personal Data according to their position and job function. We may disclose Face Data and Images/Photos we have collected about you in certain situations which you can find listed in Section “Disclosure of Your Information” herein above. We shall not disclose or disseminate any Face Data and/or Images/Photos that you have taken and uploaded to the Site as a User while using the services on the Site and our mobile application to anyone other than Lupin Dental Company, as owner of HiSmiley, without/unless: first obtaining your explicit consent to such disclosure or dissemination; or the disclosed data completes a financial transaction requested or authorized by you; or disclosure is required by state, municipal or administrative authority as per an applicable law or order; or disclosure is required pursuant to a valid warrant or subpoena issued by a court/authority of competent jurisdiction. Disclosure in these cases will be always in strict adherence to all laws and regulations.
Unless the applicable laws, regulations or regulatory requirements clearly require, or there are other clear disclosure scenarios in this Privacy Policy, we do not share or disclose Your Face Data and Images/Photos to third parties in any form and for any purpose.
We use administrative, technical, and physical security measures to help protect your Face Data and Images/Photos. For further details see section “Security of Your Information” herein above.
We do not transfer your Face Data and Images/Photos to third countries and do not transfer it outside the EU or the EEA.
Your Face Data and Images/Photos that you have taken and uploaded to the Site as a User while using the services on the Site, is stored, correspondingly retained, on the servers of the Controller at SuperHosting.BG EOOD, registered in the Commercial Register and RNPLE at the Registry Agency with UIC 131449987, with a registered seat and address of management in Sofia 1797, Izgrev Municipality, l.q. Iztok, 36 Dr. G.M. Dimitirov Blvd., Bulgaria, located in Sofia, Bulgaria.
We store, correspondingly retain, your Face Data and Images/Photos (reasons for storing/retention) as part of the process of the provision of the services with regard to the conclusion, performance and servicing the commercial relation and the execution of the concluded contract to which you are a party, to ensure the normal use of the functions of the Site and our mobile application, or if storage is necessary for the compliance with a legal obligation.
We store, correspondingly retain, your Face Data and Images/Photos that you have taken and uploaded to the Site as a User while using the services on the Site and our mobile application, for the longer period of:
As long as it is necessary to fulfil your order and follow up with communications about your order – whereby the storage/retention is necessary for the conclusion, performance and servicing the commercial relation and the execution of the concluded contract to which you are a party and to ensure the normal use of the functions of the Site and our mobile application; or
The expiration of the purpose for which the Face Data and Images/Photos were collected or obtained, such as the expiration/termination of your contract with us, or you having discontinued using our product or services for which your Face Data and Images/Photos were used – whereby the storage/retention is necessary for the conclusion, performance and servicing the commercial relation and the execution of the concluded contract to which you are a party and to ensure the normal use of the functions of the Site and our mobile application; or
one (1) year from the date of your last interaction with us on the Site or on our mobile application – whereby the storage/retention is necessary in respect of our operational requirements with a view to protecting our legitimate rights and interests; or
As long as it may be required it by local laws or regulations of the applicable jurisdiction where the data was collected – whereby the storage/retention is compulsory law.
Face Data and Images/Photos shall only be retained for a greater period where: this is required by local laws or regulations for the purposes of record-keeping requirements; or prescribed by a contract and permissible under the laws of the applicable jurisdiction; or retention is necessary due to a pending or a potential litigation/arbitration/mediation.
Face Data and Images/Photos which are no longer subject to storage/retention shall be permanently destroyed in the respective order after the occurrence of this event. If in the future any of our vendors and/or licensors have access to your Face Data and Images/Photos they shall be also requested to permanently destroy such Face Data and Images/Photos and to present evidence about its destruction.
YOUR RIGHTS REGARDING YOUR PERSONAL DATA AND HOW CAN YOU EXERCISE THEM
According to the data protection legislation, you have the following rights regarding your Personal Data:
Right of access: the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, to receive access to your Personal Data, including information on the data source, the purposes of the Processing and its provision to Third parties, and to receive a copy of this Personal Data.
Right to rectification: when you believe that your Personal Data is inaccurate or incomplete, you may request from us the correction of this inaccurate personal data related to you, the completion of incomplete personal data related to you, taking into account the purposes of the Processing.
Right to erasure: You may request the erasure of your Personal Data when the conditions for doing so are met, to the extent permitted by law.
Right to restriction of Processing: you may request the restriction of the Processing of your personal data, to the extent permitted by law, and in the cases provided for in the Applicable legislation.
Right to object: you may object to the Processing of your Personal Data on grounds related to your particular situation. You have the absolute right to object to the Processing of your Personal Data for the purposes of direct marketing, which includes profiling related to such direct marketing.
Right to withdraw the consent: when you have given your consent for the Processing of your Personal Data, you have the right to withdraw it at any time, which withdrawal will have effect with regard to the Processing of Data in the future.
Right to data portability: to request that the data collected by us on grounds of given consent or on the basis of a contract be provided in a structured, commonly used and machine-readable format, insofar as they have been processed automatically.
You can exercise your rights by sending a written application or an application signed with a handwritten or electronic signature to the following address: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France, or to the following e-mail: info@lupindental.com. You will receive a response to your request within 30 days, unless the request is excessive. In the latter case, we can extend the processing time of the application by up to two months. We shall inform you of any such extension within one month of receiving the request, stating the reasons for the delay.
You will not pay a fee for the access to your Personal Data, nor for exercising of any of the other rights. However, we may charge a reasonable fee if your request is clearly unfounded, recurring, or excessive.
As a security measure, we may have to ask you for specific information to help us verify your identity and guarantee your rights.
Right to lodge a complaint with a supervisory authority: you also have the right to lodge a complaint with the ....................
Contact with the .......................
Address: .......................
Tel: .......................
E-mail: .......................
Website: .......................
We would be grateful if you would contact us first, in case of a complaint, in order to try to help you.
If you have questions or comments about this Privacy Policy, or if this Privacy Policy does not answer your questions or you need other information, or you have an inquiry, you can contact us directly at:
Company name: Lupin Dental (SAS DIGICUTO)
Address: 132 Rue du Commandant Rolland, Villa Cadenelle, 13008 Marseille, 8E Arrondissement, France
E-mail: stefen@lupindental.com
General Manager: Stéfen Koubi