Who are we and what is the client portal?
Smart AdServer (“Smart”, “our”, “us”, “we”) is a transparent ad monetization platform, Supply Side Platform (“Platform”) providing programmatic buyers with access to publishers (“Company”, “Customers”, “you”, “your”) inventory.
Smart AdServer is located at 66 rue de la Chaussée d’Antin, 75009 Paris, France.
As part of our will to provide you with a quality customer service, this client portal (“Client Portal”) is meant to give you simple access to any tickets and requests you may have with their tips, documentation and a forum (“Forum”), amongst other features.
1. How do we collect data?
As soon as your Company enters into a contractual relationship with Smart, a dedicated Customer account is created on our CRM (Customer Relationship Management) platform.
This account contains information needed by us to properly handle our contractual relationship and marketing needs. This information was either directly asked to the contact person of your Company or integrated into the contract signed with your Company.
2. What data do we process?
The following data are processed in the course of our contractual relationship and for our Client Portal (“Personal Data”):
- Full name;
- Professional email address;
- Professional phone number;
Please note that for our Forum, only the following information will be made public to other users of the Forum: first and last name, company, title. The following information will be made public to any Internet user: first and last name.
3. For which purposes and on which grounds will Personal Data be processed?
The Personal Data stated herein is processed for the purpose of managing and maintaining our proper contractual relationship, including by:
- Handling communication between Smart’s team and Client Portal users;
- Receiving any request to our support team and resolving them;
- Performing our obligations under the contract.
As the data controller, we are processing the Personal Data for the proper performance of our Client Portal, because it is necessary for the performance of a contract to which your Company is part and with your consent to the processing for your use of our Forum.
4. To whom do we provide your Personal Data? Who can have access to your Personal Data?
We may share information, including Personal Data, with trusted third parties that provide services for Smart, such as hosting and emailing.
We may also disclose information if (i) we are required by national or international law or legislation to do so, (ii) we must comply with an authorized request or demand, or (iii) if it is necessary in order to defend our own rights or interests.
Your Personal Data and other information will be accessible to any of our employees that strictly needs for the performance of their work in accordance with our purposes, as described in article 3 herein.
Finally, we may transfer your data to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change.
Our CRM tool uses several cookies to offer you a good experience and the easy use of our Forum.
Two types of cookies are used:
- Required — Strictly necessary for the website to function correctly.
- Functional — Used for analytics and performance.
6. How long do we store the data?
Your Personal Data will not be retained beyond the period strictly needed to manage our business relationship with you or your Company.
7. Your privacy rights
You may ask us at any time:
- to confirm your Personal Data is being processed and/or to provide you a copy of your Personal Data;
- to rectify your Personal Data if it is inaccurate or incomplete;
- to withdraw your consent;
- to erase your Personal Data, for instance, if it is unlawfully processed or if you withdraw your consent;
- to opt-out from the process of any data collected from cookies;
- to restrict the processing of your Personal Data, (i) if the information is inaccurate, (ii) the processing is unlawful, (iii) you need us to retain the information after the retention for a legal claim, or (iv) you have objected to the processing and verification of our legitimate interests is pending;
- to provide you with an electronic file of your Personal Data, or to transfer your Personal Data to a third party, if technically feasible (portability).
Your request should be addressed to email@example.com. We will respond within one month. If permitted under applicable legislation, we may extend the response period to two months if such is necessary due to the complexity and number of requests. We will notify and explain the reasons for any extension to you. If we deny your request, we will inform you of the reasons for such denial.
If you consider your rights have been infringed upon according to the current privacy regulation or regarding the denial of a request, you may lodge a complaint to your local competent supervisory authority.
8. Transfer of personal data outside of the European Union
All content shared on the Forum will be stored within the European Union.
Personal data may be transferred to a partner located in a third country not providing adequate protection regarding data protection. With these partners, we sign standard contractual clauses adopted by the European Commission to ensure an adequate level of protection.
When personal data is transferred in the United States of America, we ensure that the other party is complying with the Privacy Shield Framework, regarding the collection, use, and retention of personal information transferred from the European Union to the United States, respectively.
Part two: Community Guidelines
These Community Guidelines govern your use, on behalf of yourself in your capacity and the Company you represent, of the Client Portal and Forum.
The Client Portal and its Forum are a trusted environment to get answers, share ideas, interact and learn best practices. The Forum is meant for you to join a network of peers to collaborate with. We will ensure that the Forum will be and remain a nice, professional and friendly space for you to share knowledge and learn.
Please note that the Forum is a part of the Client Portal but shall not be in any way construed as our support service directly managed in the Client Portal interface. The Forum is dedicated to functional issues (“how to”), not questions related to potential software nonconformities and/or defects which are handled through the Client Portal interface.
When you create an account on the Forum, you are asked to read and acknowledge these Community Guidelines. You undertake to comply with the following in your use of the Forum as a registered user (“User”).
The Forum is public, meaning that anything posted on the Forum can be available to anyone on the Internet.
You agree that any material you post on the Forum will be publicly available and that any nondisclosure obligations we may have with you under any contract will not apply in connection with your use of the Forum.
You also understand that by posting materials, you are consenting to their disclosure to third parties and that any marketing-related restrictions agreed by Smart and you under any contract will not apply.
2. Proper use of the Forum and contractual loyalty
The Forum is a trusted environment for professionals to exchange ideas and share information, material, and more generally, any content related to Smart AdServer and Smart Services. The Forum is not to be used as a commercial discussion board. Content unrelated to the Forum, and/or contrary to their intent, are not allowed and will be deleted by the administrator as soon as they come to Smart’s attention.
It is strictly forbidden to use the Forum for competitive intelligence and/or to circumvent Smart by entering into any agreements or contracts with other Users and/or Users’ Company, except any parties with whom you had an active direct relationship prior to your use of the Forum or any parties that enter into an agreement or a contract with you as a result of entirely independent business development activities.
Users are expected to follow these Guidelines by remaining polite, courteous and respectful with each other.
Your login and password to access the Client Portal and Forum are strictly personal, confidential and nontransferable. You also agree to reasonably ensure their confidentiality and security. Any access and any use of the Client Portal and Forum will be deemed made by you on behalf of your Company unless evidence is provided to the contrary.
3. Prohibited conduct
By using and contributing to the Forum, you undertake and agree not to post messages or material (“Content”) that:
- is knowingly false and/or defamatory, inaccurate, disrespectful, vulgar, hateful, dangerous, offensive, intimidating or obscene;
- contains any personally identifiable information, including personal data and sensitive data, or proprietary or other sensitive information about your Company;
- contains anything which is sexually oriented or pornographic;
- contains anything which could violate applicable laws and regulations and/or the rights of others; constitutes discrimination, harassment or a threat or incites hate and/or violence owing to origin or membership or non-membership, actual or supposed, of an ethnic group, nation, race, religion, sex or gender, or sexual orientation;
- promotes and/or advocates the possession, distribution and/or use of illegal substances, as well as the use of alcohol or tobacco, gambling or betting;
- links to phishing or other harmful sites;
- is considered or could be considered as spam;
- violates or infringes any statutory, common law, trademark law, logo or copyright, design right, trade secret or know-how and/or any other private proprietary rights of any other public or private natural person or legal entity or any other entity;
- introduces viruses or malware to the Forum or Client Portal;
- advertises for products, services, resources for hire or open positions or redirects other Users to websites in which they have a commercial interest.
4. Moderation a posteriori, warning and ban.
The Forum is moderated a posteriori, meaning that the posted Content will be directly published without any prior check. You undertake to ensure that your Content complies with these Community Guidelines.
The Smart Moderators reserve the right to remove without prior notice any Content considered improper, inappropriate, and/or that infringes any applicable laws, regulations, or these Community Guidelines. Following such removal, the Smart Moderator will take action by either issuing an immediate warning or ban from the Forum. This doesn’t exclude any possibility of legal action.
If you notice any Content that does not comply with these Guidelines, please notify our Smart Moderators by sending an email to firstname.lastname@example.org or using the report feature.
5. Intellectual Property
Smart reserves the right to use any Content posted on the Forum for any commercial or non-commercial purposes. Users acknowledge this right and agree to assign any rights to content posted online to Smart.
SMART retains the entire right, title and ownership and interest in and to all Documentation and Intellectual Property (included but not limited to logo and trademarks), available or provided through Client Portal and Forum.
Users shall not alter, modify, or duplicate distribute, make available, sell, share, reproduce, duplicate, publish, display, perform, or prepare derivative works for any reason, including for non-commercial purposes any Documentation available on the Client Portal.
Smart will terminate your personal use of the Client Portal and the Forum in the event of a Contract termination with your Company. However, Smart reserves the right to terminate your use of and access to the Service without prior notice for any reason at any time.
- Limitation of liability and indemnification
To the maximum extent permitted by law, Smart, its subsidiaries, affiliates and licensors shall not be liable to you or your Company under any theory of liability for any direct or indirect damage or loss, loss of profits or loss of opportunity, or any direct, indirect, incidental, special or consequential damages caused to your equipment or websites in the case of the use of information or files offered for free on this Forum.
Smart is not responsible for the opinions expressed in this Forum or for any Content uploaded and/or posted online on the Forum. Smart does not endorse or in any way vouch for the accuracy, completeness, truthfulness, or reliability of any opinion, advice, communication, information or other content made available through the Forum. All information is provided “as is” at the User’s own risk, without any warranty of any kind on the part of Smart.
You and your Company undertake to indemnify and hold Smart harmless against any claim or demand, including attorney’s fees, made by any third party due to or arising from the Content you post, transmit or make available through the Forum, your use of the Forum or Client Portal, your connection to the Forum or Client Portal, your violation of your agreements with Smart, Smart’s Guidelines, or your violation of any rights of any other person.
A party’s failure or delay to exercise any right will not operate as a waiver, nor will any single or partial exercise of any such right preclude any other exercise or the exercise of any other right, power or remedy.
These Guidelines are governed and construed in accordance with French law. The parties agree to submit any litigation arising out of or relating to these Guidelines, exclusively to the competent courts within the jurisdiction of the Paris Court of Appeals.