Terms and conditions

ARTICLE 1 – PREAMBLE

Welcome to Playin’ Smart’s online sales website www.artweartattoo.com.

Playin’ Smart offers a distance selling service for semi-permanent temporary tattoos. All its creations are presented and sold via the website www.artweartattoo.com.

These general terms and conditions define the conditions for use of the website www.artweartattoo.com as well as the conditions for the online sale of the products presented by Playin’ Smart on this same website, from the placing of the order up until delivery.

When you visit our website, you must take note of an accept the general terms and conditions of use and sale before browsing and comply with the conditions of articles “2” to “5” and “13” of these general terms and conditions.

ARTICLE 2 – DEFINITIONS

When starting with a capital letter, the terms below shall have the meaning fixed by this article.

2.1 Seller: designates the company Playin’ Smart which sells products on the website www.artweartattoo.com and contracts with the purchasers of said Products.

Playin’ Smart is a limited liability company registered at the Nanterre trade and companies registry under number 832 611 461, whose registered office is situated at 16 rue Georges Sorel, Boulogne Billancourt (92100), VAT n° FR 05 832611461. The company is represented by its manager, Mr. Mickael Bagault, who can be contacted at the following address: mick@artweartattoo.fr and reached at the following telephone number: 01 75 49 62 65

2.2 Website:designates Playin’ Smart’s website which is accessible via the URL www.artweartattoo.com allowing Playin’ Smart to offer the sale of tattoos online. The Website is hosted by Shopify (see legal notices).

2.3 Customer: designates the individual internet user who contracts online with Playin’ Smart on a personal and non-professional basis with a view to purchasing one or more products sold online by Playin’ Smart on the Website.

2.4 Products: designates the products offered for sale by Playin’ Smart on the Website, on the date that the Visitor consults the Website.

2.5 Service: designates the online sale of Products to Customers.

2.6 Visitor: designates any person who logs onto the Website, consults the Website and has access to the Service.

2.7 GTC:designates these general terms and conditions of sale. The GTC are accessible online permanently on the Website and the Customer account.

ARTICLE 3 – GENERAL PROVISIONS 

3.1 Availability of the Website and of the Service:Playin’ Smart shall do its best to ensure the availability of the Website and the Service on a 24-hour basis, seven days per week. However, access to the Website or the Service may be interrupted as part of maintenance operations, hardware or software updates or urgent Website repairs or due to circumstances beyond the control of Playin’ Smart (such as, for example, breakdown of telecommunications links or equipment). Playin’ Smart undertakes to take all reasonable measures to limit these disturbances, provided that it is responsible therefore. You recognise and accept that Playin’ Smart bears no liability towards you for any unavailability, suspension or interruption of the Website and/or the Service.

3.2 The responsibility of Playin’ Smart:Playin’ Smart undertakes to supply the Service as a diligent professional. It is bound by a best-efforts obligation in supplying this Service. Playin’ Smart can only be held liable for reparation of the financial consequences of damages that are both (i) direct and (ii) foreseeable due to incorrect execution or partial execution of the Service. In no circumstances does Playin’ Smart incur any liability for indirect or unforeseeable damages according to the meaning of articles 1231-3 and 1231-4 of the French civil code, including but not limited to, loss of earnings, loss of opportunity, the cost of obtaining a replacement product or service. In any case, Playin’ Smart’s global liability linked to the supply of Products (contractual, tortious liability or other) cannot exceed the pre-tax price invoiced by Playin’ Smart for the Products concerned.

3.3 Force majeure:Playin’ Smart may not incur liability in the case of a force majeure event, such as defined by case law, or for any other event beyond its control preventing the supply of the Service in the conditions set by the provisions of these GTC.

3.4 Entire agreement:The version of these GTC that you have accepted expresses all the obligations between Playin’ Smart and you relating to the Service proposed by Playin’ Smart and cancels and supersedes any declaration, commitment, verbal or written acceptance, agreement and prior authorisation relating to the supply of the Service to you by Playin’ Smart.

In accordance with the provisions of articles 1125 and 1127-1 of the French civil code, you can access these GTC at any time and print them using the browser’s print function.

3.5 Partial invalidity:Should one of the provisions of these GTC be declared null or inapplicable by final and non-appealable court decision, the parties agree to limit as far as possible the scope of this invalidity or inapplicability so that the other contractual provisions may remain in force and allow the economic balance of these GTC to be maintained. .

3.6 Waiver:No failure to exercise or delay in exercising a right or privilege by Playin’ Smart may be construed as a waiver of this right or privilege. In the same way, exercising one right alone or partially exercising a right or privilege by Playin’ Smart does not prevent the future exercise of any right or privilege provided by these GTC.

3.7 Notices:All notices (formal notice, approval or consent) for which receipt by e-mail is not expressly provided in these GTC and which is required or necessary in application of the stipulations of these GTC must be drawn up in writing and shall be deemed validly served if sent by registered letter with acknowledgement of receipt to the postal address of Playin’ Smart.

3.8 Calculation of time limits:Unless otherwise stipulated in these GTC, time limits are calculated in calendar days. Any time limit calculated starting from notification shall begin to run from the first attempt at delivery to the recipient.

3.9 Language and applicable law:These general terms and conditions of use and sale are governed by French law, in both form and substance. If these general terms and conditions are translated or presented on the Website in a language other than French, only the French version of these GTC between you and Playin’ Smart shall prevail. Any dispute relating to the performance of these GTC shall be referred to the competent French courts.

ARTICLE 4 – Visitors

Navigating on the Website constitutes (i) acceptance by you of articles 2 “Definitions” to 5 “Intellectual Property” and (ii) your commitment to comply unreservedly with these articles. If you do not accept these conditions, you must not browse the Website. Subject to complying with articles 2 “Definitions” to 5 “Intellectual Property” of the GTC, you are free to navigate the Website to discover the sales offers proposed by Playin’ Smart.
If you have any comments or questions concerning the Website, please contact the Playin’ Smart webmaster, by e-mail, at the following address: mick@artweartattoo.com.

 

ARTICLE 5 – Intellectual property

5.1 Reminder of the provisions of the French intellectual property code:
Art.L.122-4: “Any complete or partial performance or reproduction made without the consent of the author or of his successors in title or assigns shall be unlawful. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever.” 

Art. L.335-2: “Any edition of writings, musical compositions, drawings, paintings or other printed or engraved production made in whole or in part regardless of the laws and regulations governing the ownership of authors shall constitute an infringement. Any infringement shall constitute an offence.

Infringement in France of works published in France or abroad shall be liable to a three-year imprisonment and a fine of €300,000. The sale, exportation and importation of infringing works shall be subject to the same penalties.

Where offences provided for by this Article are committed by an organised criminal group, the penalties will be increased to five-year imprisonment and a fine of €500,000.”

Art. L.335-3: “Any reproduction, performance or dissemination of a work of the mind, by any means whatsoever, in violation of the author’s rights as defined and regulated by law shall also constitute an infringement.

The violation of any of the rights of an author of software as defined in Article L122-6 shall also constitute an infringement.”

Art. L.342-1: “The producer of a database has the right to prohibit:

1°. The extraction, by the permanent or temporary transfer of all or a substantial part, qualitatively or quantitatively, of the contents of a database to another medium, by any means or in any form;

2°. The reuse, by making available to the public all or a substantial part, qualitatively or quantitatively, of the contents of a database, in any form whatsoever. These rights can be transferred, assigned or licensed.

Public lending is not an act of extraction or reuse.”

Art. L.343-1: “The infringement of the rights of the producer of a database, as defined in Article L. 342-1, shall be punishable by a three-year imprisonment and a fine of €300,000. Where the offence is committed by an organised criminal group, the penalties will be increased to a five-year imprisonment and a fine of €500,000.” 

5.2 Ownership of the Website and its component elements: Playin’ Smart owns all the intellectual property rights in relation to the Website, its structure and its content. In particular, Playin’ Smart holds all the rights with respect to trademarks, logos, photographs, images, texts, as well as rights with respect to company names, trade names, commercial names, domain names or URL. Playin’ Smart does not grant the Visitor or the Customer any licence or right whatsoever to the component elements of the Website which are and shall remain its exclusive property or for which it has received the required authorisation for use. As a Visitor and/or Customer, you undertake not to reproduce any element whatsoever from the Website. Any unauthorised use of all or part of the Website or one of its elements would constitute infringement and could lead to civil and/or criminal proceedings being brought against you, resulting in the penalties indicated in article 5.1. “Reminder of the provisions of the French Intellectual property code”.

Playin’ Smart also benefits, on the Website, from the rights granted to the producer of a database by articles L.341-1 et seq. of the French intellectual property code. Within the strict limit of the exceptions provided by articles L.342-2 and L.342-3 of the French intellectual property code, the total or partial extraction and/or reuse by making available to the public, in any form and using any medium whatsoever, of any component element or content of the Webiste are prohibited.

5.4 External links:Playin’ Smart may feature links to other third-party sites on its Website. These links are provided for the sake of convenience only. As Playin’ Smart is not able to verify the content of these third-party sites, any access to these sites is your responsibility and undertaken at your risk alone. Playin’ Smart accepts no responsibility for the content or availability of third-party sites. You recognise that Playin’ Smart accepts no responsibility for any loss or damages that your access or navigation of these third-party sites could cause.

Playin’ Smart undertakes to act as a diligent professional and not to feature active hypertext links to websites or contents which could reasonably be considered as illegal. However, Playin’ Smart is not able to verify changes in the contents of the third-party websites once the link has been added. Playin’ Smart undertakes to remove all links to third-party sites for which it has received notice of illegality, by any means and in particular following a request by e-mail or standard mail addressed to Playin’ Smart, on condition that the request is not anonymous and its author can be clearly identified (surname, first name, e-mail and postal address).

ARTICLE 6 – PURCHASING A PRODUCT ON THE WEBSITE

6.1 Product availability:All Products are described and presented as accurately as possible. The photographs and texts illustrating the Products are of indicative value only. However, if errors or omissions in this presentation were to occur, Playin’ Smart does not accept any responsibility. .

6.2 Prices:Prices are given in euros including all taxes but do not include the delivery and packaging costs which are due by the Customer (unless stipulated otherwise or subject to special terms and conditions). Online prices may differ from prices applied at Playin’ Smart’s physical sales outlets.

The prices posted on the Website include value added tax (VAT) applicable on the date of the order in France. If the VAT rate were to be modified, these changes would be passed on to the price of the articles without the Website Visitor being informed thereof beforehand.

Playin’ Smart reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices applicable at the time the order is registered.

Any order placed via the Website and delivered outside of France may be subject to taxes and customs duties (the “Taxes”) which are applicable when the package reaches its destination. Any such Taxes shall be borne exclusively by the Customer and are the Customer’s responsibility alone. Playin’ Smart is not required to verify and inform each Customer of any such Taxes potentially applicable, it is being up to the Customer to request information from the competent authorities in the destination country.

The promotion codes that can be used on the Website are generated exclusively by Playin’ Smart. They allow the Customers to benefit from special offers. On no account can the promotion codes be exchanged for their monetary value. If Products are returned for reasons not due to Playin’ Smart, the promotion codes cannot be reused for any subsequent purchase.

ARTICLE 7 – PAYMENT

Payment is made by Paypal or credit card.

7.1      Payment by credit card: credit card, e-credit card, Visa, Mastercard, American express card. The Customer account is debited when the Products are dispatched. If Products are out-of-stock or unavailable, the amount is not debited.

7.2      Payment by Paypal: The Customer will be automatically redirected to his Paypal account. Once the payment has been validated on his Paypal account, the Customer may finalise his order on the Website.

ARTICLE 8 – DELIVERY

8.1 Delivery to the Customer’s address:The Products are sent to the delivery address indicated by the Customer when placing his order. Playin’ Smart delivers orders internationally. Playin’ Smart reserves the right to refuse to deliver orders to “PO Box” addresses or collective addresses (e.g.: offices, healthcare establishments…..). In the event of delivery to a collective address, the Customer recognises that the Playin’ Smart obligation to deliver the order stops at the effective delivery to the collective address indicated when placing the order, even if the order is not received by the Customer in person but by a third party. Delivery times are indicative only, Playin’ Smart reserving the right to choose the transport firm it uses. Playin’ Smart cannot be held responsible for delays in delivery, on any grounds whatsoever. Consequently, no claim for indemnification of any sort may be made by the Customer to Playin’ Smart. In the event of any unusual delay for which Playin’ Smart is responsible, the Customer will be informed of the delay by e-mail.

8.2 Delivery costs and times in Metropolitan France and worldwide:All the articles on sale on our Website are in stock. The delivery times indicated are the delivery times given by our transport firms, in working days, i.e.: Domestic orders (France) may take up to 2-3 days to arrive. For international orders, it can take 7 to 15 days.

All products will be shipped by La Poste (French post office) with a tracking number. You will receive a confirmation email with the tracking number as soon as your order is fulfilled.

Delivery costs are calculated based on the total amount of the order, depending on the type of delivery selected by the Customer. Delivery costs are indicated at the end of the order, just before payment by the Customer. 

ARTICLE 9 – WARRANTY

All the Products sold on the Website are covered by a legal warranty of conformity (article L.217-1 et seq. of the French consumer code) and a legal warranty for hidden defects (articles 1641 et seq. of the French civil code) which allow you to return any defective or non-conform Products delivered.

You are informed that Playin’ Smart guarantees the conformity of its Products within the framework of these two legal warranties.

You have two years from delivery of the Product in which to invoke the legal warranty of conformity. In this case, you may choose between reparation or replacement of the Product, subject to the cost conditions provided by article L217-9 of the French consumer code. For contracts entered into after March 18, 2016, you are not required to submit proof of the existence of the Product non-conformity during the twenty-four (24) months following delivery of the Product. For contracts entered into before this date, non-compliance is presumed for a period of six (6) months. Furthermore, you may decide to implement the hidden defect warranty as specified by article 1641 of the French civil code. In this case, you may choose between the cancellation of the sale or a reduction in price in accordance with article 1644 of the French civil code.

- Article L217-4 of the French consumer code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or assembly instructions or the installation if he assumed responsibility therefore or had it carried out under his responsibility” 

- Article L217-5 of the French consumer code: “To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

- Article L217-12 of the French consumer code: “Action resulting from lack of conformity lapses two years after delivery of the product.”

- Article 1641 of the French civil code: “A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.”

- Article 1648 1st paragraph of the French civil code: “The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice."

ARTICLE 10 – RETURNS AND EXCHANGES 

10.1 Exercising the right to withdrawal:In accordance with article L.121-20 of the French consumer code, the Customer has fifteen (15) clear days (not including Saturday and Sunday) starting from delivery of the Product to the Customer himself or a third party other than the transport firm in which to exercise his right to withdraw. To exercise his right to withdraw, the Customer sends notice either by post to the Playin’ Smart / Retours address at 16 rue Georges Sorel, 92100 Boulogne Billancourt, France, or by e-mail to artweartattoo@outlook.com, the Customer recognising that proof of his withdrawal can be established by the Playin’ Smart computer records or of those of its service provider. The Customer may then either use the withdrawal form provided by Playin Smart for this purpose or clearly and unambiguously indicate his intention to return the Product to Playin’ Smart. Playin’ Smart will acknowledge receipt of the right of withdrawal by e-mail.

Once notice of the right to withdraw has been sent as indicated above, the reimbursement to the Customer of all or part of his Order depends on the physical return of the elements concerned by the Customer to Playin’ Smart. The Customer is required to return the cancelled Product(s) within fifteen (15) days of his notice, by post, accompanied by the duly filled out product return slip, to the following address: Playin’ Smart / Retours, 16 rue Georges Sorel, 92100 Boulogne Billancourt, France.

Upon receipt of the cancelled Product(s) by Playin’ Smart and on condition that (i) the packaging for each Product has not been opened, altered or modified in any way and that (ii) the security seal has not been cut/altered/damaged, Playin’ Smart shall reimburse the Customer within a maximum of fifteen (15) days (excluding Saturday and Sunday) of receipt by Playin’ Smart of the withdrawal notice, the Customer bearing the full cost of returning the Product. The reimbursement will be made to the Customer according to the means of payment chosen by the Customer at the time of the order, unless the Customer expressly agrees to another means of payment; in any case, the reimbursement shall not lead to any cost for the Customer. The reimbursement will include the delivery costs (except for additional costs stemming from the Customer’s choice to opt for a more costly delivery than the standard delivery service proposed by Playin’ Smart). However, the transportation costs linked to the return of the product shall be borne by the Customer.

Any failure to return the products by the Customer within the period indicated above will invalidate the Customer’s withdrawal, the sale being deemed to have been completed and the price shall be kept by Playin’ Smart with the product remaining the property of the Customer.

10.2 Exchanges:Once the Customer has sent Playin’ Smart notice of his decision to retract in accordance with the conditions indicated above, he may ask for a product exchange within 15 days of receipt of the Product.

The Customer must then return the Product in question by post to the following address: Playin’ Smart / Retours, 16 rue Georges Sorel, 92100 Boulogne Billancourt, France, accompanied by the duly filled out product exchange form. The returned product must be in its original packaging and the security seal must not have been cut/altered/damaged. .
Playin’ Smart will take back the product at the price indicated on the delivery slip including standard delivery costs. If the new product ordered by the Customer in exchange costs less than the product ordered on the Website, the difference will be reimbursed using the means of payment chosen by the Customer when he placed his order. Postal costs shall remain due by the Customer.

10.3 Particular case of non-conforming Products: The Customer must check the state of the packaging and the conformity of the Product delivered (Product error, defective or damaged Product) any indicate his reservations, if necessary, on the transport firm’s delivery slip within a maximum of 48 hours, by contacting the Playin’ Smart customer service by e-mail at the following address artweartattoo@outlook.com and by sending a copy of the reservations reported to the transport firm by registered letter with acknowledgement of receipt to the following address:Playin’ Smart / Retours, 16 rue Georges Sorel, 92100 Boulogne Billancourt, France.

In all cases, the provisions set forth in article 9 on legal warranties shall apply. As a first step, any non-conforming Product delivered may be replaced or repaired. Nevertheless, if the new Product does not meet the Customer’s requirements, he may, if applicable, exercise his right to withdraw before the end of the withdrawal period still to run.

For Products reported as non-conform within two (2) days of delivery, Playin’ Smart allows the Customer to exercise his right to withdraw and obtain the reimbursement of the Product in application of the provisions of article 10.1, without reparation or replacement, such as provided by the legal warranty of conformity.

ARTICLE 11 – Mediation

In accordance with the provisions of article 14.1 of EU regulation n°524/2013 of the European Parliament and of the Council of May 21, 2013, the European Commission also places at your disposal an online dispute resolution platform which is accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. 

ARTICLE 12 – Protection of personal data

12.1 General provisions: In accordance with French law n°78-17 of January 6, 1978 modified by law n°2004-801 of August 4, 2004 relating to data processing, files and civil liberties (“the French Data Protection Act”) and simplified Norm n°48 (Commission Nationale de l’Informatique et des Libertés (CNIL or French Data Protection Authority) deliberation concerning automated processing of personal data relating to the management of customer and prospective customer files), Playin’ Smart has filed a declaration with CNIL concerning the processing of your personal data. We remind you that by validating your Account online, you expressly agree to your personal data being collected and processed by Playin’ Smart. Playin’ Smart is responsible for the processing of your personal data. In accordance with simplified Norm n°48, only the Playin’ Smart staff and service providers whose task is to operate the Website or render the Service have access to your personal data. .
The information marked as obligatory in the online Account opening form must be provided accurately by you. Any incomplete answer or any answer considered abnormal by Playin’ Smart may result in refusal to open the Account or temporary or permanent deregistration and impossibility of using the Service. 

12.2 Purpose of the processing:In accordance with simplified Norm n°48, the personal data collected by Playin’ Smart are principally destined to enable Customers to use the Service. Each Customer’s prior, express and individual agreement must be obtained for any use of the data collected which is not expressly provided by simplified Norm n°48.

12.3 Data conservation period:

Concerning the data relating to the management of Customers and prospective Customers:

The personal data relating to Customers are kept for the period strictly necessary for the management of commercial relations.

However, data making it possible to establish proof of a right or contract or data that is kept in order to comply with a legal obligation may be archived temporarily for a period not exceeding the period of time necessary to complete the purpose for which the data are kept, in accordance with applicable provisions (in particular but not limited to the provisions of the French commercial code, civil code and consumer code).

Furthermore, Customer data used for commercial prospecting purposes may be kept for a period of three years starting from the end of the commercial relations (for example, starting from a purchase, the expiration date of a warranty, the end of a service agreement or the end of the last contract with the Customer).

Personal data relating to a prospective Customer may be kept for a period of three years from when it is collected or from the last contact with the prospective Customer (for example, a request for documentation or a click on a hypertext link in an e-mail).

Beyond this three-year period, the data controller may contact the person concerned in order to find out whether he/she wishes to continue receiving commercial advertising. Unless the person explicitly replies yes, the data must be deleted or archived in accordance with applicable provisions, and in particular those of the French commercial code, civil code and consumer code.

Concerning data relating to credit cards:

The data relating to credit cards must be deleted once the transaction is completed and the withdrawal period set by article L. 221-18 of the French consumer code has expired.

In the event of payment by credit card, the card number and validity date may be kept as proof in case of the transaction being contested, on a temporary basis, for the length of time provided by article L. 133-24 of the French monetary and financial code, which in this case is thirteen months following the debit date. This period may be extended to fifteen months to take into account the possibility of using deferred debit payment cards. The data may not be used except in the event of a disagreement in relation to the transaction. The data kept for this purpose are subject to security measures such as described in article 8 of Norm n°48 and article 5 of the CNIL deliberation n° 2013-358 of November 14, 2013.

Credit card data may be kept longer if the Customer has expressly agreed after having been informed of the intended purpose (for example, to facilitate payment of regular customers). The data cannot be kept for longer than the time necessary to achieve the objective for which the data was kept.

Concerning the management of lists of refusal received from prospecting:

When a person exercises his right to refuse prospecting from a data controller, the information enabling the refusal to be taken into account is kept for a minimum of three years as of the exercise of the right of refusal. These data can only be used for the management of the right of refusal and only the data necessary to take into account this right of refusal shall be kept for this purpose.

12.4 Transmission of personal data to third parties:In accordance with simplified Norm n°48, Playin’ Smart reserves the right to transmit all or part of your personal data to contractual partners, for the purposes of canvassing, in particular commercial canvassing. Your, prior, express and individual consent is required for any use of your personal data other than indicated above.

12.5 Right to access, amend, oppose, delete and transmit:In accordance with the French Data Protection Act, you have the right to access and rectify your personal data.
You may also inform Playin’ Smart, without any cost, that you do not want your personal data to be used for the purposes of prospecting, in particular for commercial prospection purposes. These rights may be exercised either by post, by sending a letter to the following address Playin’ Smart, 16 rue Georges Sorel, 92100 Boulogne Billancourt, France, or by sending an e-mail to the following address mick@artweartattoo.com.

If your right of refusal is exercised directly for this reason by contacting Playin’ Smart, Playin’ Smart undertakes to pass on your refusal to any contractual partners to whom it may have transmitted your personal data, in compliance with the provisions of simplified Norm n°48.

Each partner reserves the right to transmit your personal data either to comply with a legal obligation or in application of a court ruling, administrative decision or decision by an independent administrative authority (for example CNIL).

The user may leave instructions relating to the conservation, deletion and communication of his personal data after his death in accordance with article 40-1 of French law n° 78-17 of January 6, 1978. These instructions may be general or specific.

The user may formulate advance instructions by post and send them to the following address Playin’ Smart / Retours, 16 rue Georges Sorel, 92100 Boulogne Billancourt, France or e-mail mick@artweartattoo.com

12.6 Updating of personal data:Each Customer must ensure that his personal data are accurate, complete and unequivocal and undertakes to update them, if necessary on his Account. Each Customer can access his Account containing all his personal data at any time.

12.7 Security of personal data:In accordance with the French Data Protection Act and in its capacity as Website publisher, Playin’ Smart undertakes to take all useful precautions, in light of the type of data and risk inherent to their processing, to ensure the security of your personal data and, in particular, to prevent your personal data from being deformed or damaged as well as to prevent any unauthorised third-party access.

12.8 Hosting:The Website host mentioned in article 2.2 acts as a subcontractor of Playin’ Smart according to the meaning of the French Data Protection Act (or one of its service providers) and only upon instructions from Playin’ Smart. The host has no right to use the Customers’ personal data to which it may have access, except for the purposes of carrying out the technical hosting and database management services and without it being possible to derogate from this article. 

ARTICLE 13 – Cookies

Playin’ Smart reserves the right to use cookies. Cookies are text files stored on the Customer’s hard disk the aim of which is to indicate a previous visit by the Customer to the Website or enable Playin’ Smart to manage the traffic of visitors to its Website. Cookies are only used by Playin’ Smart to improve and personalise navigation. Each Customer and Visitor may deactivate the cookies by selecting the appropriate parameters in its browser. However, this deactivation could prevent the use of certain of the Website’s features. To learn more about how cookies work, please consult the following CNIL website page: http://www.cnil.fr/vos-droits/vos-traces/les-cookies.

The information stored in the user’s terminal (e.g.: cookies), or any other element used to identify users and enable their traceability cannot be kept for more than thirteen months. Gross frequentation data including an identifier cannot be kept for more than thirteen months. Beyond this period, the data will be deleted or rendered anonymous.