The services presented on the websites www.smilepartner.fr, www.smilepartner.co.uk are provided by SMILE PARTNER* company on behalf of its Partners.
Smile Partner is a website portal that references partner dental clinics located in Europe.
SMILE PARTNER Company in a consulting company specialized in the organization of dental stay aimed to ensure connection between the dental clinic and the patient and to provide the administrative support to the patient during his/her dental treatment in the mentioned clinics.
*LLC with a capital of 8000.00 Euros, Head Office: 2 avenue La Fontaine 49070 Beaucouzé, TCR (Trade and Companies Registry) of Angers number 495 222 077.
The following General Terms are valid from January 1st, 2007.
IT IS PROHIBITED TO USE, DOWNLOAD, PUBLISH, SELL, COPY OR DIVIDE ALL OR A PART OF THE CONTENT OR ANY OTHER INFORMATION FROM THE SMILEPARTNER.COM WEBSITE, FOR A COMMERCIAL OR ANY OTHER PURPOSE, BY ANY MEANS.
Clause 1 – Definitions
SMILE PARTNER : Thematic Portal Website, created and developed by SMILE PARTNER Company, allowing, upon subscription [Hereinafter Subscription] and by filling of an estimate request form [Hereinafter Estimate request form], the elaboration by a qualified and certified dental surgeon [Hereinafter Clinic] of a dental treatment schedule and an estimate [Hereinafter Treatment Schedule] with a purpose of surgical intervention [Hereinafter Intervention] in a specialized establishment. SMILE PARTNER shall designate the Website and the SMILE PARTNER Company.
User: shall designate all the users of the SMILE PARTNER Website services, registered by filling the Estimate request form [Hereinafter Estimate request form].
Treatment Schedule : shall designate the description and financial conditions of the personalized Intervention proposed by the Clinic and submitted to the user for acceptance with a purpose of conclusion of the contract for dental surgical intervention.
Clinic : Private individual or legal entity referenced on the SMILE PARTNER website as a practician properly qualified and certified to perform dental surgical intervention in his establishment.
Intervention: shall designate the execution by the clinic of a dental treatment and/or a dental surgery within the treatment schedule upon acceptance of such treatment schedule by the user and validation of the project by SMILE PARTNER.
Acceptance : Acceptance by the User of the Treatment Schedule proposed by the Clinic by filling of the Estimate acceptance form [Hereinafter Estimate acceptance form].
Validation : Shall designate the written confirmation of the whole operation by SMILE PARTNER. The validation alone leads to irrevocable acceptance of the conditions described in the treatment schedule, accepted by the user and conclusion of a contract for provision of services with the clinic. The validation presumes reception by SMILE PARTNER of justification of flight and stay reservation.
Contractual Parties : shall designate the user and the clinic in the end of Validation stage. It should be reminded that SMILE PARTNER company, owner of the SMILE PARTNER website shall never be a party of the contracts concluded between the user and the clinics.
Content : The entirety of the information, whatever its nature or its form, provided by the Clinics or by SMILE PARTNER, reproduced in digital format on the SMILE PARTNER website for the attention of the Users.
Clause 2 : Scope of application
The present general terms shall be applied without restriction or conditions to any use of «SMILE PARTNER» Website and services.
As a consequence, the fact of registration and using of SMILE PARTNER Website and tools by a private individual or a legal entity results in complete and entire acceptance of the present general terms and its Annexes.
The only activity of SMILE PARTNER Website is to link and coordinate offers and demands. Therefore, the general terms that are applicable to its relations with the Users are separate from the conditions of services that have to be provided by the Clinics, by application of legal and statutory provisions related to distance sales and services.
SMILE PARTNER general terms are accessible at any moment on the website.
MODIFICATION OF GENERAL TERMS
The general terms can be subject to modification in the future, without retroactivity.
Under these circumstances, the modified terms shall come into force in 30 days upon dispatch of the information to the users directly on the SMILE PARTNER website, and shall be applicable to any use of the website after this deadline and except of the contrary information particularly outlined herewith.
Clause 3 – Services provided by SMILE PARTNER
SMILE PARTNER is an exclusively specialized portal website, the main purpose of which id :
– To link the parties and coordinate offers and demands with the purpose to perform a dental treatment and/or a dental surgery in a specialized clinic and benefit from qualification and approvals, recognized within the European Union.
– And, in a more general manner, to provide the users with a form that allows to give a precise description of their expectations with the purpose to elaborate a personalized treatment schedule.
SMILE PARTNER is not an agent, an enterprise, a professional or a clinic, but a technical operator providing means of coordination and management of offers and demands on the website, developed for this purpose.
SMILE PARTNER only ensures provision of services on linkage and transmission of data, with the exclusion of any other activities, and shall not conclude or ensure execution of a medical service contract or a touristic service contract.
SMILE PARTNER collects the estimate requests, sent by means of an exclusive consultation form and assures their transmission to the clinics, duly referenced on its website, that are likely to propose an intervention that corresponds with the information and conditions, provided by the user.
SMILE PARTNER is not a party of the agreement signed between the clinic and the user and does not interfere in the execution of such agreements. Its milestones shall only oblige the user and the clinic.
Within the context of its services, SMILE PARTNER also references a certain number of specific service providers, such as airline companies and hotels, which allows the users to simplify the planning procedure in the purpose of an intervention.
SMILE PARTNER is not a travel agency and does not sell directly or charges commissions on the transport operations proposed by the companies referenced on their website.
SMILE PARTNER is not a travel agent within the meaning of the provisions of the articles L.212-1 and according to the Tourism Code and is not intended to be one. All the services proposed and/or all the services provided by the Service Providers are under their responsibility.
SMILE PARTNER is not a health establishment and does not intend to provide medical services or any other services of medical or paramedical character. All the services proposed and/or the services provided by Health Establishments are under their responsibility.
The users may contact the referenced establishments directly and freely.
SMILE PARTNER has no control over :
– the reliability and the pertinence of the information provided by the user by filling the consultation form,
-the pertinence of the operation proposed by the treatment plan,
Under no circumstances SMILE PARTNER shall guarantee understanding of the content and satisfaction of the users.
• GENERAL OBLIGATIONS ON USER’S CAUTION AND INFORMATION
We hereby draw the attention of the users to the accuracy and precision of the information provided in the Estimation request form. It is hereby reminded that the information provided is sent exclusively to the clinics referenced on SMILE PARTNER website for preparation of a dental treatment plan.
• INFORMATION CONTROL
However, prior to any referencing of a clinic on its website, SMILE PARTNER requires provision of a certain number of documents in order to identify the establishment, its legal and statutory qualification on the territory of its activities, its abilities, its prices, the guarantees offered and the insurance data.
Beyond this demand, limited to provision of certain documents, SMILE PARTNER shall not guarantee under any circumstances the authentication and reliability of the Content of such information.
The use of SMILE PARTNER website is not automated and involves compliance with general terms and, in particular, provision of the information required by the Estimate request form.
In general terms, any use of SMILE PARTNER website services or any filling of the Estimate request form means acceptance and compliance with the following general terms without limitations or reserves.
• LEGAL CAPACITY
The use of the website is reserved to private individuals of full legal capacity under the laws applied in his/her country of residence.
• REGISTRATION CONFIRMATION (PROCESS)
The registration shall be considered definitive only after sending to the user of an email or mail confirming its registration by SMILE PARTNER.
Furthermore, upon receipt of an Estimate request form, a SMILE PARTNER consultant will contact the user in order to identify his/her motivations before sending his/her medical file to a dental clinic.
• MODIFICATION OF INFORMATION
Upon receipt of the registration confirmation by the user, he/she must provide immediately and in written any corrections required to the information provided in the medical file to the address specified on the contact page of SMILE PARTNER website.
• REGISTRATION WITHDRAWAL
As an Online service provider, we hereby remind you that the User has a right of withdrawal of his registration, that can be performed by sending a letter to SMILE PARTNER.
However, it is hereby reminded that any withdrawal becomes impossible from the moment when the User has duly accepted the Treatment Plan and upon expiration of a 7-days deadline, starting from the Validation.
Clause 5 : Private life and confidentiality
SMILE PARTNER activities are subject to CNIL (French National Commission of Data Protection and Liberties) declaration, register number 1230-536, in accordance with legal provisions applicable to collection and processing of personal data.
THE CONDITIONS OF PERSONAL DATA COLLECTION AND PROCESSING ARE SPECIFIED IN THE ANNEX TO THE PRESENT DOCUMENT: « REGULATION ON PERSONAL DATA AND PRIVATE LIFE PRESERVATION ».
Clause 6 : Financial conditions
The services provided by SMILE PARTNER website are not subject to financial compensation.
Clause 7 : Provision of services by SMILE PARTNER
It is hereby reminded to the Users, that the services provided by SMILE PARTNER are limited to coordination and administrative and technical follow-up of the data concerning estimate requests and proposition of Treatment plan with a purpose of a Dental surgery.
SMILE PARTNER has performance obligations concerning acceptance of the estimate requests or pertinence of the proposed treatment plans.
Moreover, SMILE PARTNER shall not provide any result guarantee to the users concerning conclusion of the contracts.
In case of absence of any written reservations, provided by the User within provision of services by SMILE PARTNER, such services are deemed to be consistent.
No claim can be validly accepted in case of violation of these formalities by the User.
SMILE PARTNER shall rectify promptly and at its own costs the services, the lack of conformity or failure of which was duly proved by the User.
Clause 8 : General rules applicable to the information provided
All false statement, voluntary or not, concerning e-mail address, identity, reliability and source of the information provided by the User, can be modified, removed or deleted at the sole discretion of SMILE PARTNER.
The User will have to send a letter or an e-mail to SMILE PARTNER commercial service that will take care to modify the information ASAP.
Clause 9 :General functioning of SMILE PARTNER
A) General rules
The information provided by SMILE PARTNER users by means of consultation form are subject to exclusive power and assessment by their authors.
As a Detailed form (Estimate request form) is made available to guide them in the identification of the information required or the nature of the proposed interventions, only the users are responsible for the accuracy of the information provided.
Recept of the information by SMILE PARTNER shall not be interpreted as a guarantee granted by SMILE PARTNER for the pertinence of this information.
It is hereby highlighted that any filled or sent information is covered by the control and power of SMILE PARTNER, the Users should immediately report any anomaly noted upon receipt of the Treatment Plan to SMILE PARTNER website administrators to the the following e-mail: firstname.lastname@example.org
When getting access to SMILE PARTNER website, the User that wishes to get registered with a purpose to receive a Treatment Plan has to fill an « Estimate Request » form, available online.
The information provided is automatically transferred to SMILE PARTNER commercial services, a summary of the registration is addressed by email or by mail to the registered user.
B) Filling of an Estimate request form
The user has to :
-fill the online Estimate request form.
-send a recent panoramic dental X-ray by e-mail or by mail.
In case of absence of a digital copy of panoramic dental X-ray, the user has the possibility to send a « standard » version at the address, specified on contact page of the website.
All the personal and medical information, as well as the requested items are essential for preparation of a personalized treatment plan.
SMILE PARTNER hereby guarantees to their users that the information provided shall remain strictly confidential.
C) Confirmation of the registration
Upon receipt of the information and supporting documents required in the estimate request form, SMILE PARTNER proceeds with a file verification prior to its transfer to the partner clinics, and contacts the user in order to sum up the information provided and to answer the user’s questions.
A confirmation of the registration is sent to the user by e-mail or by mail. The confirmation proves completeness of the medical file and validates registration.
D) Proposal of a Treatment Plan and of an Estimate
Once the Estimate request form is filled and the panoramic dental W-ray received, SMILE PARTNER transfers one copy to the referenced clinics in order to obtain diagnostics and a precise estimate.
The proposed treatment plan will contain a detailed description step by step of the planned intervention and a detailed estimate.
On this basis, the clinics may need additional information, either on the health condition or on the user’s expectations. SMILE PARTNER will transfer this request of additional information directly to the user. (Ex: Additional Health Form).
Upon receipt of the proposed treatment plan, SMILE PARTNER ensures its immediate transfer to the user.
Provision of the treatment plan will allow the user to learn about:
• the identity and contact information of the dental surgeon, author of the proposal – proposed location and dates of the operation
• information on the preoperative on-site consultation in order to confirm the diagnosis
• clear consent documents for the operation and the anesthetics (that will have to be signed and submitted to the dentist surgeon before the operation)
• integral financial conditions of the proposed operation
• methods of payment – guarantees provided by the dentist surgeon for his services and implementation conditions
• validity deadline of the proposed treatment plan
• conditions of contract cancellation upon its conclusion
E) Acceptance of the treatment plan
Upon receipt of the treatment plan proposal, prepared and provided by the clinic, the user will have a minimum of 15 days of decision period before accepting the proposal.
This period is a standstill period, no acceptance of the proposal and, as a consequence, no conclusion of the proposed contract shall take place during this period.
During this decision period, the user is free to contact:
• SMILE PARTNER for what concerns the information within its competence, but no medical or technical information,
• or the Clinic for any question related to the proposed treatment as well as the conditions of its execution and the clinic’s services.
It is hereby reminded to the users that SMILE PARTNER is only a mean of intermediation and linkage.
On this basis, SMILE PARTNER does not have the necessary skills to judge the pertinence of the proposed intervention, the health state of the user, and, in general, to give any opinion on the technical aspects of the operation, the choice and the execution of which is the responsibility of the clinic.
Upon termination of a15-days decision period, the user has to address the acceptation or refusal in written within 15 days from the expiry of the decision period.
For this, the user will have to fill a proper Acceptance Form.
F) Modification of Treatment Plan by the User
If the user wishes to provide modifications to the proposed treatment plan, it is necessary to make a request to SMILE PARTNER by e-mail or by mail with the first treatment plan attached.
This modification will lead to elaboration of a new treatment plan, submitted for the acceptance of the user. A new decision period of 15 days must pass before the user returns his acceptance.
Unless intentional and written decision of the clinic, the non-receipt of the acceptance within the deadline specified in this clause, shall lead to expiration of the proposed treatment plan.
G) Booking and organization of stay
The duly filled acceptance form has to be returned within the stated deadline (and upon termination of the decision period of 15 days) to SMILE PARTNER.
The acceptance or intentional refusal of the user has to be sent by mail directly to SMILE PARTNER for final validation of your file, transfer of the acceptance to the clinic and verification of logistics.
Within 48 hours upon receipt of the written acceptance of the treatment plan, SMILE PARTNER will contact the user in order to organize his stay.
As a portal website, SMILE PARTNER references several hotels in the vicinity of the place of the operation, as well as several transportation companies.
Depending on the chosen treatment plan and the chosen destination, the user will have the possibility to choose, among the links, provided on SMILE PARTNER website, a hotel and a transport for the dates corresponding to the period of the operation.
We also hereby remind you that SMILE PARTNER will not participate at any moment in the conclusion and execution of the contract signed directly with the hotel referenced by SMILE PARTNER.
By the way, the user is completely free to organize his stay without using the links provided by SMILE PARTNER.
H) Validation of the operation and (contract preparation)
In order to guarantee the quality of the logistics provided by SMILE PARTNER, it is hereby reminded to the users, that the only stage of validation and confirmation described in this clause shall result in conclusion of the contract between the user and the chosen clinic.
Validation of the operation shall only take place upon receipt by SMILE PARTNER of:
• confirmation of flight booking for the stated dates,
• confirmation of hotel booking for the stated dates.
The validation letter shall sum up: the dates, the location and financial conditions of the operation, hotel and transport expenses excluded.
It is hereby reminded that the Validation shall lead to the following consequences:
• The Clinic is obliged to ensure its services, at the price and under the conditions, stated in its Treatment Plan.
• The Clinic is obliged by the conditions of its Treatment Plan until receipt of a simple written acceptance of the user.
• The user and the clinic become contracting parties upon termination of the withdrawal deadline and remain subject to the financial conditions, specified in the treatment plan, on condition of a preoperative consultation.
It is hereby highlighted that if the preoperative consultation reveals an impossibility of a medical type to proceed with an operation under conditions of the treatment plan, and the nature of such impossibility can only be revealed by the analysis of the information provided within the Treatment Plan file, the user shall be relieved from any financial obligation towards the clinic and shall request no claim for damages.
As for any type of surgery, the user declares to be perfectly informed about existence of risks that can only be revealed and evaluated during the preoperative exams and, in particular, the exams with a view to an upcoming anesthesia.
Supposing that the preoperative consultation purely and simply validates the treatment plan, the user and the clinic shall become contracting parties starting from the validation period, specified in this clause.
I) Trip book
Upon termination of the validation period and expiration of the withdrawal period, specified above, SMILE PARTNER will send to the user a « trip book » that includes a detailed schedule of consultations and a touristic guide.
J) Withdrawal of the acceptance
It is hereby highlighted in the « acceptance form », that the user has a 7-days period starting from the receipt of the validation form, to use his withdrawal right, in accordance with the article L. 121-20 and under the consumer code.
For this purpose, a cancellation form is provided to the user.
The cancellation, registered by SMILE PARTNER, has no effect on the validity of the contracts signed between the user and a hotel or a transportation company as the preparation and execution of its conditions are totally independent from the operation and control of SMILE PARTNER.
Therefore, SMILE PARTNER hereby draws the user’s attention to the conditions of cancellation of its agreements.
The withdrawal right is exclusively exercised by means of acceptance form, which contains an « annulation » inset, and sending it by registered letter with acknowledgement of receipt to the SMILE PARTNER address.
Any other way of withdrawal of the acceptance of the Treatment Plan shall not be considered and shall leave intact the contract prepared upon validation. The parties hereby declare to be informed on the consequences of such fault or non-respect of provisions of the present clause.
It is also hereby reminded that any withdrawal is possible if the execution of the accepted service takes place before expiration of a seven-days deadline. Art L 120-20-2 Consumer code.
Repeated and unexplained exercise of the withdrawal right may lead SMILE PARTNER to refuse any new consultation request from the offensive user.
Clause 10 : Consequences of the validation
Freedom of the parties: It is hereby remedied that the Users always have the right to refuse a Treatment Plan.
The validation leads to conclusion of a Contract, having the force of law, between the parties. Like any other contract, a contract concluded with the Clinic can lead to application of rules on forced execution, non-execution, and allocation of damages and interests.
The validation of the acceptance leads to definitive acceptance of services proposed herewith.
The Validation leads to the following obligations:
• For the User to pay for the services under the conditions stated in the accepted Treatment Plan,
• For the Clinic to provide the services under the condition of time and space specified in the Treatment Plan.
The User becoming a Contractor upon the Validation stage can no more retract except the cases stipulated by the law.
In case of breach of the contract, it is the user who has to provide adequate remedies directly against the failing Clinic under the applicable laws or rules.
Clause 11 : Autonomy of the agreements concluded between the User, the Clinic, the Transporter and the Hotel.
• RELATIONS BETWEEN THE PARTIES
SMILE PARTNER and the referenced service providers are independent parties, each of them acting in their name and at their own account, concerning preparation and execution of the contracts concluded thanks to the links established by SMILE PARTNER.
The present General Terms have no link with the subordination, mandate, incorporated joint venture, joint venture, employer/employee or franchiser/franchised relations between SMILE PARTNER, the Clinics, the Transporters or the Hotels.
• RESPECT OF THE APPLICABLE RULES
SMILE PARTNER does not ensure any advisory or supervision mission within legality of contractual documents and other content provided either by the Users, or by the Clinics. Consequently, it is their task to initiate any measures towards the competent professionals in order to ensure that these documents or information are in compliance with legal and regulatory prescriptions.
By no means, provision of the information or any other Content provided by the Users or the Clinics, shall be equated to a guarantee provided by SMILE PARTNER as for the regularity, the pertinence and the lawfulness of the Content or the form of this information.
Clause 12 : Archiving, an obligation for certain Users
Due to the autonomy of the agreements made between the Users and the Clinics, it is hereby reminded to the professionals that the law obliges them to save proofs of the concluded contracts and, in particular, the compulsory documents, production of which is a legal requirement.
For that purpose, the archiving performed by SMILE PARTNER is different from the compulsory one, performed by the Clinics.
Therefore, the professionals have to ensure storage and archiving of the contracts concluded on the SMILE PARTNER website.
For that purpose, SMILE PARTNER provides the Users with the tools that allow printing, saving, and, in general, any editing or storage of elements that may be requested before the court in order to establish perfection of the operations.
Clause 13 : Convention of Proof
The data, saved by SMILE PARTNER, whatever the format and/or the mean, is a proof of the content and information exchanged between the users and the clinics.
By acceptance of the present general terms, the Users acknowledge immediately and without any reservation the right granted to SMILE PARTNER to use the data collected in such a way during the contracting process between the parties and to provide the Content in the event of dispute between the parties.
Clause 14 : SMILE PARTNER responsibilities
The SMILE PARTNER company shall implement all the available means in order to ensure provision of the services within the present General terms.
• LIABILITY RELEASE
Due to its neutrality in the contracts concluded between the Parties, the Users shall immediately disclaim SMILE PARTNER from any liability in the event of litigation between the Users and the Clinics, and accept as the Contracting Parties, all the claims, all the present or future damages, presumed or not, stated or not, resulting directly or indirectly from this claims.
In yet broader terms, the Users shall immediately disclaim SMILE PARTNER from any responsibility in the event of litigation between the users, with the Clinic, a Transportation company or a Hotel, a subject and source of which is:
• the content of a Treatment Plan, or an offer on transportation or accommodation
• preparation of a contract for provision of a medical service, a transportation mean or an accommodation
• execution of an operation, of transportation or Accommodation.
• LIMITATION OF RESPONSIBILITY
The rights granted to the consumers by the law shall not be applied to the use of the SMILE PARTNER website.
Without prejudice to provisions of the present clause and in any case, the responsibilities of SMILE PARTNER shall always be limited to direct and predictable damage that can result from their services that are strictly limited to linkage of the future contracting parties.
Clause 15 : Force majeure
SMILE PARTNER shall not be considered responsible for any breach of obligations within the present General Terms resulting from the circumstances beyond its control and/or resulting from a force majeure.
The force majeure cases include, in addition to the cases recognized by the case law, natural disasters, acts of war, infringements of public order, epidemics, fires, floodings and other natural disasters, governmental actions, strikes, lock-outs, as well as all the external electrical and technical problems, preventing communication of the parties.
The party that identifies the event, must immediately inform the other party of the impossibility to provide its services and provide justification of it to the other party. Suspension of the obligation shall not be the reason for non-execution of the stated obligation and shall not lead to compensation of damages and interests or delay penalties.
Clause 16 : Various provisionsThe present General Terms are set and interpreted in accordance with the French legislation. The French courts will have the competence to adjudicate on any dispute that may arise between the parties concerned with these conditions.
SMILE PARTNER does not guarantee that the services will be uninterrupted or exempt from any momentary error.
SMILE PARTNER reserves the right to punctually or permanently limit activities on the website depending on the criteria and the thresholds that may vary.
Assuming that one or several conditions stated in the present General Terms are considered illegal, unenforceable or inapplicable by decision of the court, the other provisions of these General Terms shall remain in force, under condition that the general economy of the contract is intact.
The rights and obligations resulting from the present General Terms as well as all the documents attached by reference, can be assigned by SMILE PARTNER to a third party in the event of fusion or acquisition in a free manner and on their own rights.
The titles of the clauses of the present General Terms are simply indicative and do not necessarily determine the Content of the clauses to which they are attributed.
The tolerance of breach given to the present General Terms by the Users or a third party shall not affect in any way the rights and actions in the event of any other similar and/or subsequent breach.
The present General Terms, together with the documents attached by reference, shall form the totality of the agreement concluded between the parties.
Clause 17 : Applicable law
All the clauses of the present general terms of sale, as well as all the operations on provision of services stated within, comply with the French legislation.
ANNEX 1 : « REGULATION ON PERSONAL DATA AND PRIVATE LIFE PRESERVATION».
1. Particular case of children
SMILE PARTNER services are reserved for the individuals that are legally able to sign contracts for provision of medical services. These services are not available to the minors under 18 years old that must not provide their information.
2. Data collected by SMILE PARTNER
The main purpose of collection of personal data is to propose effective and personalized services to the Users, that might respond to their needs and help them use SMILE PARTNER services in a more simple and faster manner.
In general, the navigation on the SMILE PARTNER website is free and does not require identification or provision of any information. However, the use of SMILE PARTNER services implies a regular subscription by complete filling of the estimate request form.
A web user always has a possibility not to provide the information by choosing not to use the service or the function for which such information is required.
Certain data related to the Users’ habits on the website is sometimes automatically saved. This data is used internally in order to form statistics on the users, their interests and their behavior still with the purpose to be more effective. This data is gathered and analyzed in its totality and may include an URL that the User has just visited, the one that he visits, the used navigation program and the IP address.
SMILE PARTNER applies cookies on certain pages of the website. The « cookies » are small files saved on the hard disc of the User and on SMILE PARTNER website, they allow to provide target information depending on the Users’ interests. Some of these services are only available with application of cookies. They can be used in order to improve security of the website or just for identification.
SMILE PARTNER also registers data concerning frequency and nature of the Offers shared by the Users. In the same way, evaluation by the User of another User is also registered on the users’ SMILE PARTNER profile.
SMILE PARTNER may also form a personal file for the User, which contains correspondence addressed to him/her, the letters and e-mails exchanged as well as all the correspondence from another User or a third party on SMILE PARTNER Website activities.
If the User obtains services from a company, which is a SMILE PARTNER partner, this company may provide information concerning the User and, in particular, their cooperation to SMILE PARTNER.
3. Data use
Through the implementation of the law No. 78-17 from January 6, 178, it is hereby reminded that the personal data, requested from the User is necessary to process his request and will be used internally by the Service provider.
Nevertheless, this personal data can be transmitted to the clinics and the Third parties, partners of SMILE PARTNER. The User has a right of access, modification, rectification and opposition concerning the stated information.
The Users hereby give their consent for the use of their personal information in order to improve general functioning of the Website, in order to form statistics on the website utilization, for personalization of content, display and services provided.
The data may also be used (e-mail address, mail address, telephone number) to send target information, in certain cases, depending on the Users’ interests, or to send information concerning the Treatment Plan, new services, promotions or website administration.
4. Data dissemination
The personal data of medical character shall only be transmitted to the clinics, duly referenced on SMILE PARTNER Website and subject to medical secret.
The aim of SMILE PARTNER is to protect confidentiality of the personal data. Appropriate measures are taken in order to ensure its best protection. However, the Users must be aware that despite of the efforts, it is unfortunately impossible to guarantee that private communication and other personal data will not be made public under conditions beyond the present rules.
Thus, SMILE PARTNER may be obliged to provide information to the authorities or third parties under the certain circumstances. Furthermore, the third parties may intercept or get access to private transfers and communication of the Users in a hostile way.
This risk still exists on the internet.
SMILE PARTNER hereby commits not to sell or to provide the personal data, provided by the Users, except of the following limited cases, related directly to proper execution of the operation:
• EXTERNAL SERVICE PROVIDERS
SMILE PARTNER may host on its website the services provided by external Providers allowing to ease the website utilization. The use of this optional services by the Users and provision of certain personal information to this external Providers is subject to their own privacy rules. Therefore, it is hereby reminded that the Users always have the possibility to refuse provision of this information to external Service providers and not to use their services.
Thus, SMILE PARTNER hereby advises the Users to be extremely careful and vigilant when providing confidential information, processing of which by the third parties is completely beyond their control.
The Users that subscribe to a website referenced by SMILE PARTNER or having a link to SMILE PARTNER, authorizes SMILE PARTNER to provide their e-mail address to this website as well as to the related websites, in general.
• INTERNAL SERVICE PROVIDERS
SMILE PARTNER can use the third parties as service providers or subcontractors to facilitate access or use of its services. SMILE PARTNER can therefore be led to provide personal information.
Their rights of access, use and provision of personal data are then controlled by SMILE PARTNER.
A confidentiality agreement prohibits them, expect special authorization of the User, to sell or transfer personal data to the third parties or to use it in a way beyond the strict agreement with SMILE PARTNER.
In certain cases, the service provider may get the information directly from the User. In this case, the User is informed about the role of these providers, and will have the choice to provide his personal information or not. The use of the directly provided additional information is compliant with their applicable privacy rules.
• OTHER COMPANIES
SMILE PARTNER company may be subject to acquisition by another company. In this case, SMILE PARTNER can share a part or the entirety of the information on the Users in order to continue provision of the services. The User shall then be informed about such changes.
• LEGAL APPLICATION
SMILE PARTNER replies to the requests of legal authorities and third parties in order to respect the law, the intellectual property rights or other rights. SMILE PARTNER can be led to (and the User hereby immediately authorizes it to) provide any involved information to the representatives of law or administration in the event of investigation of a crime, a counterfeit, a hacking or other illegal activity where SMILE PARTNER can be engaged.
5. Right of access and rediting of personal information
In accordance with the current French law, the User has a right of access, editing and opposition of his/her personal data. Upon the Users’ request SMILE PARTNER will proceed with an account closure and the details and other information will no longer be visible in SMILE PARTNER database.
SMILE PARTNER may, in particular, keep the information concerning previous contracts executed by the Users during a certain period of time in order to prevent any risk of fraud or in order to allow SMILE PARTNER to comply with the applicable legal provisions.
With this purpose and in accordance with the legal requirements applied to this matter, in particular to the obligation of saving and archiving of certain information, certain personal data of the Users shall consequently appear in SMILE PARTNER data base upon cancellation request but shall never be available online.
6. Other data collectors
The present Privacy Rules shall only concern, with occasional exceptions, the use and sharing of data collected by SMILE PARTNER from its Users. They shall not be applied to the use and sharing of personal data of the Users with the third parties, either SMILE PARTNER website Users or other website users.
The Users should be informed about all the privacy protection rules communicated by the advertisers before sharing the information with them, for what concerns the contractual conditions beyond SMILE PARTNER knowledge.
SMILE PARTNER shall apply various security measures in order to protect confidentiality of personal data against its loss and access without permission of internal and external users. However, the Users have to be conscious that this obligation concerns the means, the absolute security of data sent by the Internet can not be guaranteed.
SMILE PARTNER reserves the possibility to provide modifications to the present rules on privacy protection, depending on the comments provided by the Users and evolution of rules applied to collection and disclosure of data.
Any modification provided to the present privacy regulation shall come into force within 30 days after their online publishing and sending an e-main notification to the users that made a request.
The User shall always be free to notify SMILE PARTNER within this term about his refusal of the modifications planned or provided. This refusal shall lead to automatic cancellation of Subscription and immediate suspension of services.
This website is a property of SMILE PARTNER. It is protected by the law and the international copyright treaties, as well as by the other laws and international treaties on intellectual property.
SMILE PARTNER is a brand registered in France under the number 10 /3713609/JZ. Any breach of SMILE PARTNER’s rights or the rights of its advertisers may lead to prosecution.