Terms of Service

These terms are effective from July 28, 2020

We are providing you with translations of the French version of these terms and conditions and the privacy policy (collectively “Smartphone iD sl Terms and Conditions”). In the event of inconsistency between the non-French versions of these General Conditions and the Privacy Policy of Smartphone iD sl. and the English version, the French version will prevail in all respects.

Definitions

Smartphone-id.com services or Smartphone-id.com system – is a system provided by Smartphone-id.com that allows users of the system to get various business features that help them manage their ID photos. We check compliance with administrative standards (ICAO) (photo format, weight, position of the face, etc.) upon payment by an Automatic Intelligence software and a second human check in order to guarantee customers a photo acceptable to the administration who it is intended for. We deliver the conforming product by internet and / or by post. The Smartphone-id.com system can operate in the network of sites under various domain names, such as: identite.photos, smartphone-id.es smartphone-id.com and other names that offer this service.

Service Provider or User – Company or person who provides services, which require the use of identity photos to administrative standards and uses the Smartphone-id.com system to take and process the photos online.

Customer (s) or Service Buyer (s) A customer is any type of person who takes a photo online or purchases a product online from a service provider who has a user account with the iD Smartphone system. This can for example be a user, a student or a client.

User account – When a person or company registers with the Smartphone-id.com system, they obtain a user account in the Smartphone-id.com system. This account can be used to register users of services, services, products for sale, make promotions and for any other action intended for sale.

If you use the Smartphone-id.com system or any linked site, you agree not to:

violate any law, third party rights or our terms and policies;
use our sites and tools if you are not able to conclude a contract, are under 18 years old;
intercept the listings of other users;
post false, inaccurate, misleading, defamatory content (including personal information) or use the service and site for link creation and strengthening purposes;
take measures which may harm the comment and / or rating systems;
distribute or publish spam, unsolicited or mass-sent communications or chain letters or letters relating to pyramid schemes;
distribute viruses or any other technology that could harm any visitor to the site;
harvest or collect information from users, including their email, address, credit card, without their consent.

Acceptable terms of use and abuse

Smartphone-id.com is a solution for service providers and other companies who need ID photos to O.A.C.I standards. (International Civil Aviation Organization). to perform a service (driver’s license, e-visa, travel, etc.). As such, the Smartphone-id.com service is ONLY intended for such use and any unrelated use is prohibited. Smartphone iD respects, for each country, the standards of the country (example size of the photo, weight of the photo, wearing of the religious veil for an identity photo …)

The Smartphone-id.com system must NOT be used for:

Sending spam
Unsolicited email or SMS
Import a list of customers that does NOT belong to the users and / or has NOT been obtained legally

Smartphone-id.com booking pages should NOT be used for:

create back links to other pages;
as advertising for things unrelated to the services provided by the user;
collect fees from users without the intention of providing the service.

Users should treat all customer data with respect and appropriate confidentiality.

Users of the Smartphone-id.com system can use forms to obtain additional information from their customers.

Please report any problems, offensive content and any breach of terms to us. Smartphone-id.com wants to ensure that the images and information used do not infringe any copyright, trademark or other intellectual property rights of third parties. Please provide our support with the name of the relevant page if you are the owner of copyrighted material used on our sites. We will take appropriate action if necessary.

We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for more than 24 weeks without account holder login. We reserve the right to modify or terminate user accounts that affect our system with unusual load or that do not comply with our usage policy.

We reserve the right to limit, suspend or stop our service and user accounts, to prevent access to any content, sites, services or tools. We also reserve the right to remove hosted content and to take technical and legal measures to prevent users from accessing the sites if we believe they are causing problems, infringing intellectual property rights, may have repercussions. legal or not in accordance with the spirit of our terms.

Children and minors under the age of 18 are NOT allowed to create system accounts with us. If we find out that such accounts have been created, they will be deleted. If parents find out that their children have created an account with us, please provide us with the relevant information with proof of the creator of the account so that they can be deleted.

Protection of customer purchases

Buyers and service providers share the responsibility of ensuring that purchases and service orders facilitated by Smartphone-id.com are carried out in a good spirit and go worry-free.

We encourage buyers to chat with sellers before making a complaint to Smartphone-id.com. We take no responsibility for abusive service orders, services provided by service providers, or services not provided by abusive service providers, even if purchased and paid for.

The right of withdrawal is not valid in France for the following reasons:

Article L.221-28 of the Consumer Code; the consumer who has concluded a distance contract with a professional cannot exercise his right of withdrawal:

Contracts for the provision of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.

Contracts for the supply of goods made to the consumer’s specifications or clearly personalized;

Contracts for the supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.

By using our service, you agree not to exercise your right of withdrawal.

Indeed, once you have validated your photo, this photo is automatically sent for control via our artificial intelligence software. Then comes a second human check which validates or not your photo in order to guarantee you and the service of the country for which your photo is intended its perfect conformity.

In the event that an administration refuses the photo printed by Smartphone iD (scanning problem, etc.), the customer can request a refund by email indicating his order number, his email address and the address of the administration which refused the photo.

Smartphone iD will only reimburse photos checked by it and printed by it on professional printers and paper.
Fees

Smartphone-id.com offers a limited and free version of the system. If the user upgrades from the limited version provided by Smartphone-id.com, charges will apply. Businesses that register our system have the option of paying to pre-credit a wallet so that their customers do not have to pay directly at the time of consumption.

All purchases made in the system are final and will not be refunded.

We reserve the right to display the reference of our customers on our sites and digital applications and on our various communication media.

Content and data

When you download and use our services, including information about you and your staff, you grant us a non-exclusive, worldwide, 10-year, irrevocable, royalty-free, sublicensable (multi-level) right to publish this content, across the entire Smartphone-id.com system (Smartphone-id.com network of sites)

Account, password and security

Once you have created your user account, you can change your password and your email address in the administration interface of the Smartphone-id.com system in the MENU // my account section. You are responsible for maintaining the confidentiality of the password and access to your account. You are fully responsible for all activities that occur under your password or account.

Smartphone-id.com cannot and will not be held responsible for any loss or damage arising from your failure to comply with these conditions.

Limitation of Liability

Smartphone-id.com is not responsible for your content, actions or lack of action or those of other users. We are not involved in the transaction between buyers and sellers (service providers).

We cannot guarantee continuous and secure access to all of our sites, services or tools and the operation of our sites, services or tools may be affected by many factors beyond our control. Thus, and to the extent permitted by law, we exclude all warranties, terms and conditions, and implied policies. We cannot be held responsible for any loss of money, reputation, defection of customers or any direct or indirect damage resulting directly or indirectly from your use of or your inability to use our services and tools.

Some jurisdictions do not allow the exclusion of warranties or damages and these exclusions may not apply to you.

Regardless of the preceding paragraphs, if we are held liable, our liability to you or any third party is limited to the greater of the total charges paid by you to us in the 3 months preceding the action from which the liability arose or cannot be higher than the purchase price of one of our services.

The prices are indicated before payment. And the sale price is available from your account in the invoice / ticket section.

The purchase is made in euros (€) but presented in the local currency. This can lead to exchange costs for the customer with his bank.

Terms and Privacy Policy

For the Terms

Age limit 18 years or the legal majority of the country where the purchase is made.
Payment made only by credit card and in Euros.
In case of refusal to justify (copy mail address and contact of the refusal) the purchase may be refunded
Unlimited trials to take an ID photo
iD smartphone is based in Europe, France Spain.
The checked and paid photos are returned by email within a few hours and by post within a few days.
In case of refusal, the user can be offered to redo his photos for free.

For the Privacy Policy

Customer data is stored on secure servers in Europe.
Customer data can be destroyed by simple request from the menu / account deletion. In this case, the user will no longer be able to use their email to reuse our services. The user will have to create a new email.
The data is kept in order to avoid the user having to fill in the information necessary for the delivery of a quality service.
These data are not transmitted to any other company.
These data can be used to inform the user of promotions and / or new services from our company.

Communication by calls and emails

By providing us with your phone number and email address you are giving us your consent and permission to contact you, including through SMS messages, calls (also using pre-recorded messages or an artificial voice) to provide you with information and provide you with assistance with the service you have registered for on our site or network of sites.

You understand that calling and texting rates may apply depending on your mobile operator. Charges for calls and / or text messages may appear on your mobile phone bill or be deducted from your prepaid balance. You agree not to hold Smartphone-id.com responsible for calls or charges generated by this service. You approve such charges from your mobile operator.

Please also note that for quality control and / or other purposes, we may listen and / or record calls between you and our representatives with or without notice, as permitted by applicable law in order to improve the service.

You can also call the phone number to inform us that you no longer wish to receive calls and or send your request to contact @ smartphone-id..com, indicating clearly in the subject line of the customer relationship message.

Privacy Policy

For a full description of our privacy policy, visit Smartphone-id.com Privacy Policy.

Introduction

Smartphone-id.com ls, provides an identity photo taking system.

If you do not agree with this policy, do not access, use our Services, or interact with any other aspect of our business.

We are committed to protecting the privacy of users of our system who register as users of our system. Refer to the Data Processing Agreement for more details on our relationship as Manager and Controller with respect to the Controller’s data subjects. This policy applies when we act as a controller for the processing of personal data of visitors to our website and users of the system; in other words, when we determine the purposes and means of processing this personal data. We will ask you to consent to the use of cookies in accordance with the terms of this policy when you visit our website. Our website incorporates privacy controls which affect how we will treat your personal data. You can at any time go to the system settings and choose to delete the system,

How do we use your personal data

In this section 2, we have defined:

(a) the general categories of personal data that we may process;
(b) in the case of personal data that we have not obtained directly from you, the source and specific categories of that data;
(c) the reasons why we may process personal data; and
(d) the legal bases of the processing.

We may process data about your use of our website and application and our system (“usage data”). Usage data may include your email information, IP address, geographic location, browser types and version, operating system, referral source, length of visit, pages viewed and navigation routes within the website as well as information regarding the times, frequency and your habits of using the system. The source of the usage data is an analytical tracking system such as Google Analytics or similar tool. This usage data may be processed to better understand user behavior in order to help us improve the system and communicate usage tips to our users. The legal basis for this processing is our legitimate interest in monitoring and improving our service, system, customer service and system services. We collect information about you when you register for an account, create or modify your profile through the System. For example, you provide your contact information when you register with the system. We may process your (“account data”). Account data may be processed for the purposes of operating our digital site, providing our services, ensuring the security of our website and services, maintaining our database backups and communicating. with you. (. Profile data may include your name, address, phone number, email address, profile pictures, and other information that you add to your profile if you have decided to provide it to us. your email is required to access our service. Password and bank details are secure and cannot be used by our company. Profile data may be processed for the purpose of enabling your use of our website and our services.

Inquiry data may be processed for the purpose of analyzing our users’ problems and improving our system. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and / or through our website (“transaction data”). Transaction data may include your email and transaction details. Transaction data may be processed for the purpose of delivering the goods and. This data can also allow a refund. The legal basis for this processing is the legal requirements in terms of good accounting practices. We may process the information you provide to us for the purpose of subscribing to our email notifications (“notification data”). Notification data may be processed for the purpose of sending you relevant notifications and / or newsletters. The legal basis for this processing is your given consent to receive this communication. We may process information contained in or related to any communication you send to us. Correspondence data may be processed for the purpose of communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our digital sites and our activities and communications with users.

We may process any of your personal data identified in this policy as necessary for the establishment, exercise or defense of legal claims, whether for legal proceedings or administrative or extrajudicial proceedings. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others. We may process all of your personal data identified in this policy when necessary to obtain or maintain insurance coverage, manage risk or obtain professional advice. The legal basis for this processing is our legitimate interests, namely the adequate protection of our business against risks. In addition to the specific purposes for which we may process your personal data set out in this section 2, we may also process your personal data when such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Provide your personal data to others

We may disclose your personal data to any member of our group, this means our subsidiaries, our full-time providers, such as our customer service for live help, our parent company and all of its subsidiaries as far as this is reasonably necessary and in accordance with the legal bases set out in this policy. We may disclose your personal data to our insurers and / or professional advisers to the extent that is reasonably necessary to obtain or maintain insurance coverage, manage risks, obtain professional advice, establish, exercise or defend legal claims, whether before the courts or during an administrative or extrajudicial procedure. Financial transactions relating to our services are processed by our payment service providers, [stripe]. We will only share transaction data with our payment service providers to the extent necessary for the processing of your payments, the reimbursement of those payments, and the processing of complaints and inquiries relating to such payments and refunds.

In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data when such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the interests vital signs of another natural person. We may also disclose your personal data when such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in legal proceedings or in administrative or extrajudicial proceedings.

International transfers of your personal data

In this section 4, we provide information on the circumstances under which your personal data may be transferred to countries outside the European Economic Area (EEA).

Please note that Google and stripe may store data in the United States. For more on this topic: https://www.privacyshield.gov/welcome.

We and our other group companies and full-time contractors have offices and facilities in France, Belgium and Spain. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. This data is stored on Google servers in the EU. To find out more about Google privacy: you can consult https://privacy.google.com/intl/fr_fr/businesses/compliance/#!?modal_active=none and the link https://cloud.google.com/ security / gdpr / resource-center? hl = en Only our personnel authenticated to have access to our system, thanks to an encrypted access key. Our system’s hosting facilities are located in Belgium at Google; EU-based Amazon and Google Cloud servers are used for backups.

Our messaging platforms are Nexmo, Sendinblue and Google mail.

For statistics and analyzes we use Google Analytics.

We do not use this software to obtain personal data or to relate it directly to the users of our system. This software is only used to give us an overview of how visitors interact with our system so that we can improve it.

For user communications related to system usage, we use self-hosted versions of marketing automation tools to prevent external access to our users’ data. This allows us to track user action in the Smartphone-id.com system and send appropriate system emails and messages to assist in the use of the Smartphone-id.com system. This tracking and communication is only used in cases where users have allowed us to communicate with them by checking the box when purchasing any of our services.

For text chat bots that accept bookings, we use Google dialogflow.

For voice chat bots, we use Google dialogflow and Twilio.

We also use the following auxiliary systems: Google Fonts, Google Maps, Google Maps and Maxmind to create location data to help you register and facilitate your display as a service provider or your business on a map. This information is generally available to customers unless it is disabled in settings. These external systems do not store any recognizable personal data about you.

To process credit card payments, we use Stripe.

We do not have access to your credit card number on these systems. With Stripe, your Stripe email address is stored with the item number purchased. To learn more about PayPal’s privacy policy: https://stripe.com/en/privacy.

Payment data generally falls under accounting and bank backup regulations and must be stored for 5-10 years by payment processors.

Accounting software

We use our own accounting department and run it on our own dedicated servers, hosted in the EU. We keep all billing data which contains your purchases, name, address and email. This billing data must be kept for 7 years for the tax authorities due to the laws of the country and therefore cannot be deleted at the request of the user.

Retain and delete personal data

This section 5 sets out our data retention policies and procedures, which are designed to help us comply with our legal obligations regarding the retention and deletion of personal data. The personal data that we process for any purpose or purposes that may be should not be kept longer than necessary for that purpose or for these purposes. We will keep your personal data as follows:

All personal data about yourself that has been stored in our system will be retained as long as you remain a user of our system. You can change this data at any time and request deletion by canceling use of the system. Because we keep backups of all databases for 30 days, this data can exist for up to 30 days on our servers, after which it is deleted.

Notwithstanding the other provisions of this article 5, we may retain your personal data when such retention is necessary for compliance with a legal obligation to which we are subject, such as accounting laws, or to protect your vital interests or vital interests. of another natural person.

Amendments

We may update this policy from time to time by posting a new version on our digital site. You should check this page occasionally to make sure you are happy with any changes to this policy. We may notify you of changes to this policy by email or through the private messaging system on our digital site.

Your rights

In this section 7, we have summarized the rights you have under data protection law. Some rights are complex and not all details have been included in our summary. Accordingly, you should read the relevant laws and guidelines from regulatory authorities for a full explanation of these rights. Your main rights under data protection law are:

the right to access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to object to processing;
the right to data portability;
the right to lodge a complaint with a supervisory authority; and
the right to withdraw consent.

In the Smartphone-id.com system, there are 2 groups of personal data.

Company data, which in certain circumstances may be personal data about the service provider if it is registered as a company.
Customer Data, which are those who use services and purchase items from the company and service providers.

Access to each of this information and to each person related to each group is readily available in the system for approved users. Data can be updated, deleted, and exported in a JSON format built for those affected who request it. Customers of system users also have easy access to all their personal data either by connection or by link. If they want to delete their information, they can do so directly from the menu after logging in via email and password. They can ask the manager for information at dpo (@) smartphone-id.com

About cookies

A cookie is a file containing an identifier (a string of letters and numbers) sent by a web server to a web browser and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can be “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its expiration date, unless it is deleted by the user before its expiration date ; however, a session cookie will expire at the end of the user’s session, when the web browser is closed. Cookies generally do not contain any information that can personally identify a user, but the personal information we store about you may be linked to information stored and obtained from cookies.

Cookies that we use

We use cookies for the following purposes:

(a) authentication – we use cookies to identify you when you visit our website and navigate our website;
(b) status – we use cookies to help us determine whether you are logged in to our website;
(c) advertising – we use cookies to help us display information that is of interest to you. The cookies used for this purpose are: google adwords,
(d) analytics – we may use cookies to help us analyze the use and performance of our website and services. The cookies that can be used for this purpose are and Google Optimize, (to find out more about Google’s privacy policy: https://policies.google.com/privacy);
(e) consent – we use cookies to store your preferences regarding the use of cookies in general.

Cookies used by our service providers

Our service providers use cookies and these cookies may be stored on your computer when you visit our website. We use Google Analytics to analyze the use of our website. Google Analytics collects information on the use of the website by means of cookies. The information collected about our website is used to create reports on the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy.

Managing cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing this vary from browser to browser and from version to version. However, you can obtain up-to-date information on blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari);
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Blocking all cookies will negatively impact the usability of many websites. If you block cookies, you will not be able to use all the features of our digital sites.

Our contact details

This digital site is owned and operated by Smartphone-id.com The company is registered in Spain and our head office is located at calle radas 08004 Barcelona Spain You can contact us:

(a) by post, to the postal address indicated above;
(b) by email, using contact@Smartphone-id.com;
(c) through our live help available on our site.

Data protection officer

The contact details of our data protection officer are: dpo@Smartphone-id.com.

GDPR
European privacy regulations

For European companies or companies outside the EU / EEA which process personal data of European citizens, a controller manager contract exists between Smartphone-id.com ltd and yourself. This contract defines the responsibilities of each party towards the persons concerned. By accepting these terms, you agree to have read this contract and accepted these conditions. By ordering and paying you agree to these terms of use.

Indemnities

If you, as a service provider, have a dispute with one or more of your customers, or if you, as a customer, have a dispute with one or more service providers you release us (and our employees, directors, agents, subsidiaries, associated companies) of any lawsuit, demand or damages (actual or possible) of any kind, known or unknown, arising out of or connected in any way to such disputes.

Compensation cannot exceed the cost of the service and must go through an attempt to reach an amicable agreement beforehand by email.
Modifications

This policy may be changed from time to time. The changes take effect when we publish them on the Smartphone-id.com website. Notifications about the changes will be displayed in the Smartphone-id.com notification system in the top menu of the Smartphone-id.com system. When you use the Smartphone-id.com sites or services, you are subject to the published rules or rules applicable to the services you use through the sites.

About Us

Smartphone iD, is the creator of the Smartphone-id.com system, expert in secure identity photos. Our servers are based in Belgium and our control service is based in Bangladesh and India. Payment is made in England via our partner Stripe.

The terms you agree to apply between you and Smartphone-id.com in Spain.

To contact us :

Email:	contact@Smartphone-id.com
Adresse:	Calle radas 29 bj 08004 Barcelona, Spain