General Terms and Conditions of Sale

1. DEFINITIONS

For the interpretation and implementation of these general terms and conditions of sale, it is agreed that the following terms are defined as follows:
« Business Referrer » : refers to any person who, within the framework of the business referral service established by SMS Partner, provides their network with the SMS message transmission service via the website or through the FTP/HTTP protocol.
« Contact Directory » : refers to all data collected by the Client relating to the User that is necessary for the performance of the Services by SMS Partner.
« GTC »: refers to these general terms and conditions of sale.
« Code of Ethics »: refers to all documents appended to Push SMS interconnection agreements concluded between SMS service providers and Operators, available on each Operator’s website or upon written request to SMS Partner.
« Client »: refers to the legal or natural person, established in France or abroad provided they can demonstrate a means of payment in euros, who, for the purposes of their business, will engage SMS Partner for the provision of the Services as defined below.
« Client Account »: refers to the personal account opened by the Client on the Website following identification of the Client through the username and password assigned to them as described below.
« Username »: refers to the username that enables the identification of the Client in order to access the Client’s account on the Website.
« White Label » : refers to a solution implemented by SMS Partner to customize our solution with your own domain name.
« Message » : refers to the GSM 03.38 message(s) sent by the Client to one or more recipients of their choice through the Services.
« SMS Partner »: refers to NDA Media, a Simplified Joint Stock Company, operating under the brand “SMS Partner”, whose contact details are specified below in the “Identification” article.
« Password »: refers to the password assigned by SMS Partner to the Client to access the Client account.
« Operator »: refers to any mobile telephone operator on French territory.
« Parties »: refers to the Client and SMS Partner.
« SMS Partner Reseller »: refers to any person who, within the framework of the resale service established by SMS Partner, provides their own clients with the SMS message transmission service via the website or through the FTP/HTTP
/HTTPS/SMPP protocol, or any other method that may be offered by SMS Partner. The SMS Partner reseller is a Client within the meaning of these terms.
« Services »: refers to the SMS messaging services offered by SMS Partner to its Clients.
« Website »: refers to the SMS Partner website, on which Client Accounts are hosted and accessible at the following address: www.smspartner.fr.
« User »: refers to any natural person who has taken out a subscription with a mobile telephone operator allowing them to send and receive SMS messages from their mobile phone.
« Code of Conduct »: refers to the code to be followed by the platform regarding SMS legislation.

PURPOSE

These GTC are intended to specify the conditions for the provision of Services by SMS Partner to the Client. Any Service provided by SMS Partner is subject to these GTC.
2.1. By subscribing to the Services, the Client declares that they have read these GTC and expressly accept them without reservation and/or modification of any kind.
2.2. The applicable version of the GTC is the version available online on the Website. SMS Partner reserves the right to modify these GTC at any time, subject to prior notification to Clients by email at the address provided during registration. The new GTC are immediately applicable to all Clients.

3. OPENING A CLIENT ACCOUNT

3.1. The Client opens an account with SMS Partner by completing the activation form made available on the Website, on which they provide in particular:

• Their password
• Their valid mobile number
• Their email address.

3.2. Upon completion of the Client Account opening procedure, SMS Partner assigns the Client a Username (user code).

3.3. Before the first purchase made on SMS Partner, the Client must provide the following information:

• Their company name
• Their SIRET number
• Their intra-community VAT number
• The address of their registered office or home address

The Client undertakes to provide accurate information and to inform SMS Partner of any changes to such information. SMS Partner shall not be held liable for any errors resulting therefrom.

3.4 The Username and Password may also be sent to the Client by email, at the address provided in the activation form.

4. ACCOUNT OPERATION

Access to the Client Account allows the Client to:

• Make online purchases of credit in euros under the conditions, including financial conditions, in effect at the date of sale (by default, message billing varies by country: see pricing)
• Carry out Message sending operations to one or more recipients within the limit of the available Message credit;
• Create, modify or delete personal directories or recipient groups in order to facilitate their use of the Services.

SMS Partner offers the Client different types of Message sending options, which are detailed on the Website.

5. DURATION

These GTC come into effect on the date the Client Account is opened, understood as the date on which SMS Partner sends the Client an email confirming the creation of their account on SMS Partner.
These GTC are concluded for an indefinite period.

6. SMS PARTNER PRODUCTS AND SERVICES

6.1 Once credits have been added to your SMS PARTNER account, the SMS messages are available from the moment the credits have been settled, within a maximum period of 48 hours.

Marketing SMS messages are available in compliance with the ethical sending time slots, i.e. from 8:00 AM to 8:00 PM, Monday to Saturday. The Client will need to upload their list of numbers to send an SMS campaign. The Client is responsible for integrating their file containing the mobile numbers as well as the text of the message it contains, and therefore for any input errors.

6.2 Accented characters may be modified when sending the message to the operator. The following characters sometimes encounter difficulties, so it is strongly recommended to perform a test send before sending these characters. « À Á Â Ã È Ê Ë Ì Í Î Ï Ð Ò Ó Ô Õ Ù 1Ú Û Ý Ÿ á â ã ê ë í î ï ð ó ô õ ú û µ ý ÿ ç Þ ° ¨ ^ « » | ‚ „ … ‘ ‘ ” ” • – — ´ ` »

The characters authorized on SMS Partner are: « a A b B c C d D e E f F g G h H i I j J k K l L m M n N o O p P q Q r R s S t T u U v V w W x X y Y z Z à À á Á â Â ã Ã ä Ä å Å æ Æ ç Ç è È ê Ê ë Ë é É ì Ì í Í î Î ï Ï ð Ð ñ Ñ ò Ò ó Ó ô Ô õ Õ ö Ö ø Ø ù Ù ú Ú û Û ü Ü ÿ Ÿ ý Ý Þ ß { } ~ ¤ ¡ ¿ ! ? ” # $ % & ‘ ^ * + – _ , . / : ; < = > § @ ( ) [ ] Γ Δ Θ Λ Ξ Π Σ Φ Ψ Ω € £ ¥ 0 1 2 3 4 5 6 7 8 9».

6.3 The SMS Partner platform offers Services intended solely for professional use. The Client undertakes to :

• Ensure that each SMS Message does not exceed 160 characters; failing this, the Client will be charged an additional SMS for every 160 characters (For more information, read the FAQ);
• Ensure that commercial messages are sent between 8:00 AM and 8:00 PM, Monday to Saturday, and not send messages on Sundays and public holidays;
• Include the SMS OPT-OUT when sending commercial SMS messages. The SMS opt-out is automatically integrated into the platform; when using the SMS API, the Client must integrate the opt-out as documented in the API.

6.4. During an SMS campaign, the Message delivery time varies depending on several factors:

• Depending on the number of messages sent by the Client
• Depending on SMS Partner’s technical limitations for delivering the message to the mobile service operator
• Depending on the conditions and deadlines imposed by the operator
• Depending on the reception zone of the client’s mobile phone

6.5. Specific service: SMS Partner

6.5.1. Premium SMS

SMS Partner will make maximum efforts to deliver a delivery receipt for each SMS sent; this receipt is provided by the operator.

SMS Partner cannot be held responsible if the information is incorrect or if the sender name cannot be changed by the operator (specific case of Free and certain MVNOs). This feature depends on the functioning of the telecom operator used by the recipient.

6.5.2. Low-Cost SMS

Low-Cost SMS messages are not sent immediately; the delivery times for Low-Cost SMS messages vary and they may be sent up to 24 hours after the Client’s message is submitted.

SMS Partner commits to making every effort to send Low-Cost SMS Messages as quickly as possible; this commitment does not constitute an obligation of result.

Furthermore, in the case of Low-Cost SMS, delivery receipts cannot be retrieved. SMS Partner only has a sending acknowledgment. SMS Partner therefore has no means of verifying the receipt of Low-Cost Messages. SMS Partner cannot be held responsible for the failure of a Low-Cost SMS send or system failure.

Specific cases of Low-Cost SMS – sending Low-Cost SMS requires the same legal obligations as Premium SMS, namely compliance with the following:
– Validation of the recipient’s opt-in
– Integration of SMS opt-out
– Compliance with sending hours and days

6.5.3. WHITE LABEL SMS

The white label solution offered by SMS Partner allows the Client to have at their disposal a tool that does not mention the brand or the origin of the transmitted information. As such, the Client can integrate this Service and send Messages through an interface that is transparent to the end client.

6.5.4. DATABASE RENTAL

The rental of OPTIN phone numbers is available on the platform. The Client can request a number count directly online.

Following this, SMS Partner will provide a quote for the implementation of the campaign. When renting a database, it is possible to have a small percentage of the database that is potentially incorrect due to changes or cancellations. (Maximum 7.5%)

No refund can be made as we are committed to our partners who own this database.

6.5.5 LONG NUMBER SMS RECEPTION

SMS Partner offers the rental of a long number (10-digit mobile number), which allows the reception of messages on that number.

SMS Partner cannot guarantee that all SMS messages sent will be received on the long number. SMS messages may indeed not arrive in the inbox depending on the transmission of the SMS by the telephone operator as well as the sender of the SMS. Furthermore, under certain conditions, the telephone network may experience excessive SMS Message traffic over a very short period of time; this congestion may affect the quality of SMS reception. In such cases, operators may modify the Message reception parameters and consequently reduce the transmission of SMS Messages to SMS Partner.

7. CLIENT OBLIGATIONS AND COMMITMENTS

7.1 The Client declares and guarantees to SMS Partner that they will use the Service in compliance with applicable laws and regulations, and in particular with public morality, public order, as well as the contractual provisions of the Operators and their Code of Ethics.
7.2 The Client declares and guarantees to SMS Partner that the use of the services is within the framework of an official and legally lawful activity for which they hold all necessary approvals and authorizations. Consequently, SMS Partner’s liability cannot be sought in this regard for any reason whatsoever.
7.3 The Client guarantees SMS Partner that the contact details provided when opening their Client Account are accurate. SMS Partner also reserves the right to suspend the use of the Client Account and proceed with termination of the contract under the conditions of the “Termination” article below in the event that the contact details provided are inaccurate.
7.4 The Client declares that they are aware that in order to access the Services, they will need to have Internet access subscribed with a provider of their choice, the cost of which is borne by the Client.
7.5 The Client also declares that they are well acquainted with the Internet and accept its limitations and constraints and, in particular, acknowledges that:

• The reliability of transmissions is unpredictable due, in particular, to the heterogeneous nature of the infrastructure and networks through which they travel and that, in particular, outages or congestion may occur;
• Internet users may connect their computer equipment from any location and may, where applicable, intercept, disseminate, alter, destroy or falsify data, software and/or content circulating on the Internet, notwithstanding the implementation of access control procedures, in particular by Password or other access code. Consequently, it is the Client’s responsibility to take any measures they deem appropriate to ensure the security of their equipment and their own data, software or other content, including protection against contamination by any virus and/or intrusion attempts of which they may be a victim. Consequently, SMS Partner’s liability cannot be sought in the event of data loss or deterioration of the Client’s equipment.
• Any equipment connected to the Website is and remains under the full responsibility of the Client. SMS Partner’s liability cannot be sought for any direct or indirect damage that may arise from their connection to the Website, except in the event of gross negligence by SMS Partner.

7.6. The Client undertakes to maintain the strictest confidentiality of the Password assigned to them by SMS Partner and expressly acknowledges that any connection to the Website, as well as any transmission of data on or from the Website made using the Username assigned to the Client, will be deemed to have been carried out by the Client.

7.7. Any loss, misuse or unauthorized use of the Username and their possible consequences are the sole and entire responsibility of the Client.

7.8. The Client undertakes to inform SMS Partner of any change in their situation without delay, and no later than 15 days after the change occurs, including, without this list being exhaustive, any change of address and/or banking details. Failing this, SMS Partner reserves the right to suspend the performance of the Services or to terminate these terms.
SMS Partner reserves the right to refuse to send Messages containing any content that may constitute a violation of applicable laws or regulations.

7.9. The Client undertakes to:

• Not send Messages whose content is manifestly contrary to the regulations currently in force in France, including, without this list being exhaustive, pornographic and/or paedophilic content and/or content inciting racial hatred and/or defamatory and/or insulting content and/or content relating to the denial of crimes against humanity and/or incitement to murder and/or procuring and/or content that infringes on privacy;
• Not send Messages whose content could constitute an infringement or could infringe any intellectual property right of any third party or any other right;
• Ensure respect for the rights of third parties and, where necessary, contact the appropriate bodies depending on the content of the Message;
• Immediately suspend any Message sending campaign upon simple request from SMS Partner, the Operators and/or any competent national authority.

SMS Partner’s liability cannot under any circumstances be sought on account of the content of the Messages, which the Client expressly acknowledges. As a result, the Client indemnifies SMS Partner against any claim or action by Operators and/or third parties claiming to have rights over all or part of the Messages sent by the Client. Consequently, the Client shall bear all damages as well as the costs and expenses to which SMS Partner may be ordered, which may be provided for against it in contracts concluded with the Operators or other parties, or which may be provided for in a settlement agreement signed by SMS Partner to which the Client is a party or after obtaining the Client’s prior consent, notwithstanding any damages that SMS Partner may claim on account of the Client’s wrongful acts.
The SMS Partner Reseller expressly undertakes under these terms to incorporate into their own general terms and conditions of sale the rights and obligations arising from these GTC and warrants compliance therewith by their own clients.

8. PRICING

The price of the Services is established according to the rates in force as published on the Website at the date of subscription to the Services. Prices are expressed in euros and exclusive of tax. Rates vary and depend on the type (Low Cost, Premium, International) and the number of SMS messages included in the Services chosen by the Client.

SMS Partner remains free to modify prices at its sole discretion, including without this list being exhaustive, due to unforeseeable external factors such as changes in rates imposed by the various mobile telephone operators.

SMS Partner undertakes to inform the Client of any price change that occurs after the date of subscription to the Services at least 30 days before the new pricing comes into effect. In this event, the Client has 30 days from said change to terminate these GTC in accordance with the provisions of the “Identification” article. If the Client fails to give such notice within the aforementioned period, the new pricing conditions will be considered accepted by the Client.

9. INVOICING – PAYMENT TERMS

The Client may choose to pay the amounts owed for the online purchase of a Message pack according to several billing methods.

In the context of pre-payment for Message packs, the price is payable immediately on the Website by credit card online, by Paypal, by bank transfer or by cheque. In the event of payment by cheque or bank transfer, SMS messages will only be credited after receipt and clearance of the cheque or transfer by NDA MEDIA.

In the context of deferred payment, invoices are issued by NDA Media on a monthly basis and sent to the Client on the 30th of each month.
The price shall be payable within 30 days from the date of the invoice issued by NDA Media. Payment may be made by: bank transfer to NDA Media’s bank account, the details of which will be specified on the invoice sent to the Client.

Any amount not paid by the due date, appearing on the invoice(s) sent by SMS Partner to the Client, shall give rise, from the following day, to the application of late payment penalties calculated on the outstanding amounts, equal to five times the legal interest rate in force at the date of default. The penalties owed by the Client shall be invoiced either in addition to the Services or shall give rise to a specific invoice.
In the event of late or non-payment, SMS Partner may suspend the performance of ongoing Services until the debtor account is regularized, without prejudice to any recourse against the defaulting Client, which the Client expressly acknowledges.

10. INTELLECTUAL PROPERTY

Each Party is the sole owner of their name, brand, logo, sign, and design.
Each Party undertakes to respect the other Party’s property rights over their name, brand, logo, sign, and design and, in particular, agrees not to create any analogy and/or confusion in the minds of the public for any purpose whatsoever and by any means whatsoever; in particular, each Party undertakes not to:

• Use the other Party’s name in their own name or in any other trade name or company name without limitation.
• Register or cause to be registered, during and after the end of the contractual relationship between the Parties, any brand, name, logo, sign or design used by the other Party.

All documentation and/or information provided by SMS Partner to the Client in the context of the performance of these terms remains the property of SMS Partner and may under no circumstances be reproduced, communicated, distributed, modified or transferred without the prior written consent of the latter.

11. ADVERTISING

The Client authorizes NDA Media to cite and reproduce the Client’s name and logo as a reference in its commercial and/or advertising materials.

12. ASSIGNMENT / SUBCONTRACTING

The contract resulting from these terms between the Parties is concluded intuitu personae and therefore cannot be assigned or transferred, in whole or in part in any form whatsoever, without the prior written consent of the other Party.
The Services will be provided by SMS Partner and its staff. SMS Partner may subcontract all or part of its Services under these GTC, provided that it remains fully responsible for the services of its subcontractor(s) and warrants compliance by its possible subcontractor(s) with the provisions of these GTC.

13. WARRANTY / LIABILITY

13.1. The Services are provided by SMS Partner under a best-efforts obligation. The Client expressly acknowledges that SMS Partner’s liability cannot under any circumstances be sought:

• For any loss or alteration of data stored by the Client on the Website between each daily backup performed by SMS Partner
• In the event of service interruption for maintenance and/or improvement work on the Website
• In the event of non-compliant use of the Services by the Client
• In the event that the Services do not meet the Client’s specific needs or expectations.

The Client expressly acknowledges that SMS Partner’s liability in the event that a service fails to complete shall be strictly limited to the re-provision of the disputed Service that did not complete.

In any event, SMS Partner’s liability for any damage whatsoever shall be limited to an amount not exceeding the sums actually paid by the Client to SMS Partner during the twelve months preceding the event giving rise to SMS Partner’s liability.
Furthermore, SMS Partner’s liability may only be engaged for direct damages suffered by the Client resulting from a breach of its contractual obligations as defined herein. The Client therefore waives any claim against SMS Partner, on any grounds whatsoever, for indirect damages such as loss of earnings, loss of opportunity, commercial or financial loss, increased overheads or losses arising from or resulting from the performance of these terms.
13.2. SMS Partner will make its best efforts to ensure that the Client Account operates without interruption 24 hours a day, 7 days a week, with guaranteed accessibility except in cases of force majeure. Where necessary, SMS Partner reserves the right to limit or suspend access to the Client Account to carry out any maintenance and/or improvement operations. In such cases, SMS Partner undertakes to provide at least 24 hours’ advance notice by email and by a general information message on the Client Account homepage of these maintenance and/or improvement operations. As far as possible, said operations shall not exceed 4 hours.
In the event of hardware or software failure of its equipment, SMS Partner undertakes to implement the necessary means to restore the Client Account and Services as quickly as possible and at its own expense. The Client expressly acknowledges that this service level guarantee does not cover any failure or interruption of service resulting from telecom operators.
SMS Partner is responsible for the corrective maintenance of the hardware and software components of the Client Account. SMS Partner will manage all relations with the relevant manufacturers and publishers.
SMS Partner undertakes to perform backups of the Client Account, including data. The backups cover all hosted software elements in order to allow, where necessary, the restoration of the Client Account as it was at the time of the last backup performed in accordance with the provisions below.
SMS Partner undertakes to perform daily backups of the entire Client Account and data. Notwithstanding this, the Client is invited to regularly retain and save a copy of the data appearing on said Client Account.

14. CONFIDENTIALITY

The Parties undertake to keep confidential all information and documents exchanged between them in the context of the performance of the Services. The Parties shall take all required measures, in particular with regard to their staff, to maintain the confidential nature of said information. This obligation shall survive for a period of two years after the cessation of the provision of Services and indefinitely with regard to the personal data processed.

15. UNSOLICITED MESSAGES

The Client agrees not to send any SMS messages unsolicited by the User.
The Client indemnifies SMS Partner against any complaint from a User claiming to have received unsolicited Messages, which would constitute a violation of their rights. The Client undertakes to defend SMS Partner at their own expense, to voluntarily intervene in any proceedings brought against SMS Partner, to bear all damages as well as the costs and expenses that may be ordered against SMS Partner by the Operators or any other party, or to which SMS Partner may be ordered to pay or which may be provided for in a settlement agreement signed by SMS Partner after having been previously approved by the Client.

16. TERMINATION

Either Party may unilaterally terminate these terms without having to provide justification, subject to giving one month’s notice from the sending of a registered letter with acknowledgment of receipt to the address specified below in the “Identification” article.

It is understood between the Parties that the Client may request restitution of the unused credit at the date the termination takes effect, if the termination is due to SMS Partner.

SMS Partner may terminate these terms by operation of law and without compensation, subject to five calendar days’ notice, notified to the Client by registered letter with acknowledgment of receipt to the address provided by the Client on the activation form, in the event of non-compliance by the Client with their commitments under these terms or in the event of non-payment. In the event that termination is attributable to a contractual breach by the Client, the credited SMS messages shall not be recoverable by the Client. The Services shall cease on the date of receipt of said letter.

SMS Partner may also terminate these terms, subject to applicable legal provisions regarding collective proceedings, in the event of court-ordered reorganization, voluntary or court-ordered liquidation, voluntary or forced sale of the Client’s business, cessation of activity, dissolution, or termination of their professional civil liability insurance contract.

17. INSURANCE

The Client guarantees SMS Partner that they are insured for the consequences on professional civil liability in the event that it is incurred, up to a maximum amount of €6,100,000.
The Client undertakes to maintain their insurance policies for the duration of these terms.

18. DATA OWNERSHIP – DATA ACCESS

The Client remains the sole owner of the Contact Directory that they provide to SMS Partner. SMS Partner undertakes to use the Contact Directory only under the conditions of the “Personal Data” article below.
The Client has personalized and secure access, via their Client Account, to their Contact Directory and to the history of their Message sends, for a period of twelve (12) months from the date of sending the Messages.
The Client indemnifies SMS Partner against any claim or action by a User who considers that the use of the Contact Directory constitutes a violation of their rights, particularly in light of the regulations on the protection of personal data. Consequently, the Client shall bear all damages as well as the costs and expenses to which SMS Partner may be ordered, or which may be provided for in a settlement agreement signed by SMS Partner to which the Client is a party or after obtaining the Client’s prior consent.

19. PERSONAL DATA

20. FORCE MAJEURE

SMS Partner shall not be held liable towards the Client in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a force majeure event.
Events habitually recognized as force majeure by French case law and courts are in particular considered as such.
The occurrence of a force majeure event shall initially suspend the performance of the Service(s) for a period not exceeding one month.
In the event that the force majeure event continues beyond the aforementioned period, the Parties may terminate these GTC by operation of law, without judicial formalities, without notice and without any right to compensation of any kind, by sending a registered letter with acknowledgment of receipt having immediate effect under the conditions defined below in the “Identification” article.

21. IDENTIFICATION

SMS Partner is a commercial brand of NDA Media, a simplified joint stock company with share capital of €2,500, registered in the Paris Trade and Companies Register under number 805 010 386, with its registered office at 30 rue de Saint-Pétersbourg, 75008 Paris.
Any notification shall be validly received by SMS Partner at the above address, by registered letter with acknowledgment of receipt, on the date of receipt of said notification.

22. INDEPENDENCE

Each Party acts in its own name and on its own behalf, as an independent contractor. Nothing in the relationship existing under these terms between the Parties creates an association, a de jure or de facto partnership, a joint venture or subsidiary, a mandate or agency relationship, or an employer-employee relationship between the Parties.

23. ENTIRETY

These GTC constitute the entire agreement between SMS Partner and the Client and supersede any prior proposal or contract.

24. INVALIDITY

If any provision of these GTC were to be declared null and void or unenforceable by reason of a law, regulation or following a final decision rendered by a competent court, only that provision shall be affected by such nullity; the remaining provisions shall retain their full force and effect.
The Parties undertake to negotiate in good faith a replacement for the lapsed provision with a provision as comparable as possible in order to preserve the original intent of the Parties and the economic balance of the contract existing between the Parties.

25. APPLICABLE LAW – JURISDICTION

These GTC are governed by French law.
Any dispute relating to the validity, application or interpretation of these GTC that may arise between the Parties shall be subject to the exclusive jurisdiction of the Paris Commercial Court.
In the event that the Client is a consumer within the meaning of the Consumer Code, the statutory rules on jurisdiction shall apply.

26. Privacy Policy – RCS Services

In the context of providing rich messaging services (RCS – Rich Communication Services), SMS Partner collects and processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable French legislation.

26.1. Data collected
The data that may be collected in the context of the RCS service includes in particular:

• • Recipients’ phone numbers.
  • The content of RCS messages (text, images, videos, links, buttons).
  • Performance data (delivery, open rates, interaction).
  • The sender identifier (brand, company, etc.).

26.2. Purposes of processing
The data is processed for the following purposes:

• • Provision of the RCS service and sending of communications on behalf of clients,
  • Campaign performance tracking (statistics, reports),
  • Prevention of fraud, abuse or non-compliant use,
  • Compliance with legal obligations, particularly regarding retention and security.

26.3. Legal basis
The processing of data is based on:

• • The legitimate interest of SMS Partner in providing and securing the service,
  • The prior consent of recipients, as required by applicable regulations.

26.4. Data recipients
Data may be transmitted to technical subcontractors (telecom operators, RCS routing providers, hosting providers) strictly within the scope of service delivery, as well as to competent authorities in the event of a legal obligation.

26.5. Retention period
Data is retained for a maximum period of 12 months from the date of collection, unless a legal obligation or legitimate interest justifies longer retention (e.g.: tax or security obligations).

26.6. Rights of data subjects
Data subjects have the right of access, rectification, objection, erasure, restriction of processing and portability of their data. These rights may be exercised by writing to: help@smspartner.fr

26.7. Security
SMS Partner implements appropriate technical and organizational measures to guarantee the confidentiality, integrity and availability of data processed in the context of the RCS service.