The services presented on the website www.smilepartner.com, www.smilepartner.fr are offered by the SMILE PARTNER* company on behalf of its partners.

 

Smile Partner is a portal that references partner dental clinics established in Europe.

 

The SMILE PARTNER Company is an advice company specialized in the organization of dental stay, it is charged of the patient and clinic relations, and of the patients support in all their administrative steps in sight of the realization of their dental treatments in our clinics.

 

*Limited company with a capital of 8000.00 Euros, Head office: 2 avenue La Fontaine 49070 Beaucouzé, RCS (Commerce and Society Register) of Angers number 495 222 077.

The following terms of use are valid from January 1st, 2007.

 

IMPORTANT – USER NOTE : PLEASE READ CAREFULLY THE PRESENT SERVICE’S TERMS OF USE. THEY DEFINE THE MODALITIES AND RESTRICTIONS OF USE THAT YOU ACCEPT BY CLICKING ON THE BUTTON “I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING SMILE PARTNER TERMS OF USE”. USING ALL OR PART OF THE SERVICES PROVIDED BY SMILE PARTNER, YOU ACCEPT ALL THE DISPOSITIONS OF THE PRESENT CONTRACT, INCLUDING, IN PARTICULAR THE LIMITATIONS OF GUARANTEE AND OF RESPONSIBILITIES RELATIVES TO THE USE OF SMILE PARTNER’S SERVICES DESCRIBED HERE-IN-AFTER. YOU RECOGNIZE THAT THOSE TERMS OF USE ARE EXECUTORY LIKE OTHER CONTRACT YOU WOULD SIGN.

 

SMILE PARTNER RESERVES THE RIGHT TO MODIFY THE PRESENT TERMS OF USE DEPENDING ON THE EVOLUTION OF THE WEBSITE OR OF THE LEGISLATION.

 

IT IS FORBIDDEN TO DOWNLOAD, PUBLISH, SELL, DUPLICATE, OR DIVIDE ALL OR PART OF THE CONTAIN OR OTHER INFORMATION CONTAINED IN THE WEBSITE SMILEPARTNER.COM, IN A COMMERICAL WAY OR IN ANOTHER WAY, BY WHATEVER MEANS.


 

Article 1 – Definitions

SMILE PARTNER : Thematic portal website, created and developed by the SMILE PARTNER company, allowing after subscription [Subscription Here-in-after] and with a quote enquiry [Quote enquiry here-in-after] the elaboration by a chartered, qualified dental surgeon [Clinic here-in-after], of a dental treatment plan and of a quotation [Treatment plan here-in-after], in sight of the realization of a surgical surgery [Surgery here-in-after] in a specialized establishment. SMILE PARTNER will designate the website and the SMILE PARTNER company.

 

User: It will designate all the users of the SMILE PARTNER website services, regularly registered by the data capture of the enquiry quote [Enquiry quote here-in-after].

 

Treatment plan: It designates the description and the financial conditions of the personalized treatment offered by the Clinic and submitted to the acceptation of the user in sight of the conclusion of a contract having the aim of the execution of a dental surgical intervention, treatment, or surgery (in case it is implant).

 

The Clinic: Natural person or body corporate referenced on the SMILE PARTNER website as chartered practitioner and qualified for the realisation of dental surgical interventions in his establishment.

 

The treatment: It will designate the execution by the clinic, of the dental treatment and /or the surgical intervention described in the treatment plan, after acceptance of the treatment plan by the user, and validation of the project by SMILE PARTNER. 

Acceptance: Acceptance given by the user to a Treatment Plan offered by the clinic by means of a Quote acceptance form [Quote acceptance from here-in-after].

 

Validation: It will designate the written confirmation of the whole operation by SMILE PARTNER. The validation on its own leads to the irrevocable acceptance of the conditions described in the treatment plan accepted by the user and to the conclusion of a service’s contract with the clinic. The validation supposes the reception by SMILE PARTNER of the flight and stay justifications.

 

Contracting parties: It will designate the user and the clinic at the end of the validation. It is reminded that the SMILE PARTNER company, owner of the SMILE PARTNER website is never part of the contract made between the users and the clinics.

 

Contain: All the information whatever is the nature and the form provided by the Clinics or SMILE PARTNER to be reproduced under numerical format on the SMILE PARTNER website and to the attention of the users.

 

Article 2: Application domain

The present terms of use apply without any restriction or reserve to all use of the website and the “SMILE PARTNER” services.

 

As a consequence, the fact of a natural person or body corporate, to register and to use the website and the SMILE PARTNER tools,   pour une personne physique ou morale, de s’inscrire et d’utiliser Le Site et les outils SMILE PARTNER emporte acceptation pleine et entière des présentes conditions générales et Annexes.

 

The SMILE PARTNER website, only has an activity of relation and coordination of offers and enquiries, the terms of use that are applicable in its relations with the Users are distinct from the conditions or services that must be provided by the Clinics pursuing the legal and statutory disposition relatives to the sales and services from a distance.

The SMILE PARTNER terms of use are accessible at anytime on this website. 

 

• CHANGE OF THE TERMS OF USE

The terms of use can be modified in the future, without retroactivity.

 

In this case, the modified terms of use will come into force 30 days after the direct diffusion of the information to the users on the SMILE PARTNER website, and will be applicable to each use of the website after this deadline and except contrary information expressively outline here-in-after.

 

Article 3– Services provided by SMILE PARTNER

The SMILE PARTNER role is a portal specialized which the exclusive aim is to allow:

- The relation of the parties as well as the coordination of offers and enquiries in sight of the realization of a dental treatment and/or a dental surgery intervention in a specialized clinic enjoying known qualifications and assent on the European Union.

- In a general way, the form at the disposal of users allows them giving a precise description of their expectations and needs in sight of the elaboration of a personalized treatment plan.

 

The role of SMILE PARTNER is not the one of a mandatory, a company, a professional or a clinic, but the one of a technical operator putting at disposal coordination means, and offers and enquiries management on a developed website.

 

SMILE PARTNER ensures a service of relation and of transmission of data assure une prestation de service de mise en relation et de transmission de données à l'exclusion de tout autre et ne conclut pas ni n'assure l'exécution de contrat ayant pour objet une prestation médicale ou une prestation touristique.

 

SMILE PARTNER gathers quote enquiries captured by a form and ensures the transmission towards the clinics referenced on its website sensitive to offer an intervention by answering information and conditions provided by user.

 

SMILE PARTNER is not a party to the conventions concluded between the clinic and the user and does not intervene in the execution of signed contracts. Those steps are only part of users and clinics duties.

 

In the frame of its services SMILE PARTNER also references a certain number of specific providers such as flying companies and hotels that allows users to simplify the step in sight of the realisation of an intervention.

SMILE PARTNER is not a travel agency, and does not directly sell or take commissions on the transport operations offered by the companies referenced on its website.

Smile Partner is not a travel agency regarding the disposition of the articles L.212-1 and the next one of the Tourism code and does not have a vocation to be so. All the services offered and/or realized by the Service Providers are their responsibility.

 

Smile Partner is not a Health establishment and does not have vocation to exercise medicine or other services of medical or paramedical order. All the services offered and /or realized by the Health establishment are their responsibility.

The users contract directly and freely with the referenced establishments.

 

SMILE PARTNER has no control over:

- The truthfulness or the pertinence of information provided by the user by means of an enquiry form.

- The pertinence of the intervention offered by means of the treatment plan.

 

Under no circumstances SMILE PARTNER associates the approval and the satisfaction of users.

 

• GENERAL Obligations of USers’ caution and information

 

We draw the attention of users on the exactitude and the precision of the information provided by the Enquiry form. It is reminded that the information that are registered are exclusively destined to the clinics registered on the SMILE PARTNER website for the realization of the dental treatment plan.

 

• INFORMATION CONTROL

However before any register of a clinic on its website, SMILE PARTNER requires the production of some documents that allow defining the identity of the establishment, their legal and regulatory qualification where they are set up, their skills, their prices, the guarantee they offer and the insurance data.

 

Beyond this demand, limited to the supply of some documents, SMILE PARTNER does not guarantee under any circumstances the authentication and the truthfulness of the content of such information.

 

Article 4: SMILE PARTNER Terms of use

The use of SMILE PARTNER website is never automatic and implicates the satisfaction of the terms of use and in particular the register of the information required by the Quote enquiry.

In a general way all use of the website, of SMILE PARTNER services or all register of the Quote enquiry means acceptance and accession without any restriction or reserve to the present terms of use

 

• Legal capacity

The use of the website is reserved to all natural people enjoying his/her all legal capacity in accordance with the law applicable in his/her place of residence.

 

• Register Confirmation (process)

 

The register will be considered as definitive only after the sending by email or by post to the user of the register confirmation by SMILE PARTNER.

 

In addition, when you will receive the quote enquiry, a SMILE PARTNER patient coordinator will get in touch with the user in order to identify his/her needs before transmitting the patient health file to the dental clinic.

 

• INFORMATION CHANGES

When the user receive the register confirmation, he/she will make immediately in writing the necessary corrections concerning the information provided by the means of the health file and to the address that appears in the Contact page of the SMILE PARTNER website.

 

• Register cancelling

In its capacity as an Online service provider, it is reminded that the user has a right of revocation of his/her register, exercised by the sending of a letter to SMILE PARTNER.

 

However, it is reminded that any revocation become impossible from the moment when the user has accepted the Treatment plan and at the end of a seven days deadline from the date of the acceptance.

 

Article 5: Private life and confidentiality

The SMILE PARTNER activity was the subject of a declaration to the CNIL (National Commission of IT and freedom), registered as the number 1230-536, in accordance with the legal dispositions applicable to the collection and the treatment of some personal data.

 

THE CONDITIONS OF THE PERSONAL DATA’S TREATMENT COLLECTION ARE EXPOSED IN THE APPENDICES OF THE PRESENT TERMS OF USE: « RULES ON PERSONAL DATA AND PRIVATE LIFE».

 

 

Article 6: Financial Conditions

The use of services provided by the SMILE PARTNER website, is not subjected to any financial compensation.

 

Article 7: Services provided by SMILE PARTNER

It is reminded to the users that the SMILE PARTNER service is limited to the coordination and to the administrative and technical data follow-up concerning the quote enquiries and the treatment plan proposals in sight of a dental surgical intervention.

 

SMILE PARTNER has no obligation to achieve the results concerning the acceptance of quote enquiries or the pertinence of the offered treatment plans.

In addition, SMILE PARTNER does not have any result obligations to the users concerning the contract conclusions.

 

Failing written reservations expressed by the User during the execution of the SMILE PARTNER services, will be reputed as confirmed.

 

No claim can be validly accepted if there is no respect of those formalities by the user.

 

SMILE PARTNER will correct on the shortest delays and at its costs, the services of which the conformity defect or the failure will be duly approved by the user.

 

Article 8 : General rules applicable to the provided informations

All wrong declaration, voluntary or not, concerning the email address, the identity, the truthfulness and the origin of the information provided by a User, can be modified, removed or deleted with the only discretion of SMILE PARTNER.

 

The user will have to send a letter by email or by post at the commercial centre of SMILE PARTNER that will be in charge of modifying the information in the shortest delays. 

 

Article 9 : General functioning of SMILE PARTNER

 

A) General rules

The information provided by the users to SMILE PARTNER by the means of the quote enquiry result from the exclusive power and assessment of their authors.

 

Even if a detailed Form (Quote enquiry form) is at the disposal of the users to guide them for the identification of the required information or the nature of the preliminary treatment, the users are the only responsible of the correctness of the provided information.

 

The reception of the information by SMILE PARTNER cannot be interpreted as a guarantee granted by SMILE PARTNER on the pertinence of the content’s information.

 

It is expressively reminded that the information content captured and transmitted is not part of SMILE PARTNER control and power duties, the users have to report any fault noticed at the reception of the treatment plan to the SMILE PARTNER website responsible at the following address: contact@smilepartner.com.

 

When he/she reaches the SMILE PARTNER website, the user that want to register in sight of obtaining a treatment plan has to fill the « Quote enquiry » online form at his/her disposal.

 

The information captured are automatically transmitted to the SMILE PARTNER commercial service, a recap of the registration is sent by email to the registered user.

 

B) Capture of the quote enquiry form

The user must:

- Fill the quote enquiry online form.

- Transmit by email or by post a recent panoramic X-ray.

 

If you don’t have a numerical panoramic X-ray, the user can transmit a « standard » version to the address mentioned in the contact page.

 

All the personal and medical information as well as the required documents are essential to establish a personalized treatment plan.

 

SMILE PARTNER guarantees to its users that the provided information are strictly confidential.

 

 

C) Register confirmation

When we receive the information and justification required by the quote enquiry form, SMILE PARTNER proceeds to the control of the file before transmitting anything to the partner clinics, and contact the user so that to add up the information provided and to answer all the user’s question.

 

A registration’s confirmation is sent to the user by email or by post.

The confirmation establishes the complete character of the health file and confirms the registration. 

 

D) Treatment plan and quote proposal

Once the quote enquiry form is captured and when the panoramic X-ray is received, SMILE PARTNER transmits a copy to the registered clinic to obtain a diagnosis and an accurate quote.

The treatment plan offered will include a step by step detailed plan of the envisaged intervention, accompanied with an accurate quote.

 

For that, the clinics can be obliged to ask for further information, either on the health state, or on the user expectancies. SMILE PARTNER will ensure the communication of this further enquiry directly to the user. (Ex. : Medical form)

 

When we receive the treatment plan proposal, SMILE PARTNER ensures the immediate sending to the user.

 

The sending of the treatment plan allows the user having knowledge of:

  • The identity and the details of the dental surgeon author of the proposal – of the place and the schedules of the suggested surgeries.
  • The information of the pre-operative consultation on the spot to confirm the diagnosis.
  • The approval documents for the surgery and the anaesthesia (that will be signed and given to the dental surgeon before the surgery).
  • All the financial conditions of the offered surgery.
  • The payment terms – the guarantees offered by the dental surgeon concerning the services and the implementation terms
  • The validity deadline and the treatment plan proposal.
  • The contract’s cancellation terms at the end of its validity. 

E) Treatment plan acceptance

When we receive the treatment plan made by the clinic, the user will have a minimum thinking deadline of 15 days, before accepting the proposal.

 

This deadline is a suspensive deadline during which no proposal acceptance and by consequence no contract conclusion can intervene.

 

During the thinking deadline, the user can freely contact:

  • with SMILE PARTNER concerning the information relative to its skills and having no technical and medical character.
  • Or with the clinic for all questions relative to the offered treatment as well as to the execution terms relative to the clinic service.

IT is reminded to the users that SMILE PARTNER only works as an intermediary and relation tool. Il

 

For this, SMILE PARTNER does not have the necessary skills to judge the pertinence of the offered surgery, the health state of the user, and in a general way to give any opinion on the technical aspect of the surgery, of which the choice and the execution result only from the clinic’s responsibility.

 

At the end of the 15 days of thinking the user must send his/her acceptance or refusal in writing in a deadline of 15 days from the end of the thinking deadline.  

 

The user will have for that purpose to fill the Acceptance form. 

 

F) Change of the treatment plan by the user

If the user wants to make some changes on the offered treatment plan, he/she must necessarily ask it to SMILE PARTNER by email or by post with the first treatment plan proposal.

 

This modification will have as a consequence the elaboration of a new treatment plan submitted to the acceptance of the user. A new thinking deadline of 15 days must pass before the acceptance.

 

Except expressive or written decision from the clinic, the reception failing of the acceptance in the indicated deadline, leads the treatment plan to be null and void. 

 

 

G) Booking and organization of the stay

The acceptance form, duly filled must be return completed in the indicated deadline (and at the end of the 15 days deadline) to SMILE PARTNER.

 

The acceptance of the immediate refusal of the user must be returned by post directly to SMILE PARTNER for the definitive validation of the file, the transmission of the acceptance to the clinic the checking of the logistics aspects.

 

Within 48H from the reception of the written acceptance of the treatment plan, SMILE PARTNER will get in touch with the user to plan the organisation of the stay.

 

In its capacity as a portal, SMILE PARTNER references on its website different types of accommodation close to the practice, as well as many transport companies.

 

Depending from the treatment plan selected and on the destination, the user will be able to use the links at his/her disposal on the SMILE PARTNER website, to select also hotel and the carrier for the date corresponding the length of the surgery.

 

Again, it is reminded that SMILE PARTNER does not intervene at anytime in the contract conclusion and execution subscribed directly with hotel establishment referenced on its website.

 

The user is perfectly free to organize his/her stay without the links put at his/her disposal by SMILE PARTNER.

 

H) Surgery validation and contract formation

In order to guarantee the quality of the logistics service provided by SMILE PARTNER, it is immediately reminded to the users that only the validation and confirmation steps developed in this article will lead to the contract conclusion between the user of the chosen clinic

 

The surgery validation can only intervene at the reception by SMILE PARTNER of:

  • The confirmation of the flight booking for the indicated dates,
  • The confirmation of the hotel booking for the indicated dates.

 The validation letter sums up: the dates, the places, and the financial conditions out of accommodation and transportation fees.

 

It is reminded that the validation leads the following consequences:

  • The Clinic has to ensure its service, at the price and the conditions indicated in the Treatment plan.
  • The Clinic is linked by the conditions supporting the Treatment Plan, until the written reception of the user’s acceptance. 
  • The user becomes contracting party of the clinic at the end of the revocation deadline and is still engaged by financial conditions explained in the treatment plan, subject to the pre-operative consultation.

It is expressively reminded that the pre-operative consultation reveals an impossibility – of medical order – to proceed to the intervention in the condition of the treatment plan and which the nature cannot be known by the analyse of the information provided during the Treatment plan, the user is free from any financial obligation towards the clinic and will not have to pay anything.

 

Like for any surgery intervention, the user declares his/herself as informed about the existence of risks that can only be noticed and evaluated at the time of the pre-operative examinations and in particular of the examinations realized in sight of the anesthesia.

 

On the supposition that the pre-operative consultation valids only the treatment plan, the user will be considered as contracting party of the clinic from the validation step described in the present article.

 

I) Trip book

At the end of the validation step and of the revocation deadline indicated here-in-before, SMILE PARTNER will send to the user a « trip book » including the detailed planning of his/her consultations and a tourist guide.

 

J) Revocation of the acceptance

It is expressively reminded on the «Acceptance form», that the user has a seven day deadline from the reception of the validation form, to exercise his/her revocation right, in accordance with the article L. 121 – 120 and followings of the consumption code.

 

A cancellation form is provided to the user for that purpose.

 

The cancellation registered by SMILE PARTNER has no effect on the validity of the contracts signed between the user and an hotel or a transportation company insofar as the formation and the execution of those conventions are totally independent from the intervention and the control of SMILE PARTNER.

 

SMILE PARTNER draws the users’ attention on the cancellation terms of those conventions.

 

The exercise of the revocation right is exclusively exercised by means of an acceptance form including a « cancellation » insert and to return by registered mail with acknowledge of receipt at the SMILE PARTNER address.

 

All the other terms of acceptance’s revocation of the Treatment plan will not be taken into account and will let intact the contract formed the day of the validation. The parties are declared informed of the consequences of such failure or of the non-respect of the prescriptions exposed at the present article.

 

It is also reminded that any revocation is impossible from the execution’s time of the accepted service intervention before the end of the seven day deadline. Art L 120-20-2 of the consumption code.

 

The repeated exercise without any reason of the revocation faculty will lead SMILE PARTNER to refuse any new consultation enquiry from an inept user. 

 

Article 10: Validation consequences

Freedom of parties: It is reminded that the users always have the faculty not to accept the Treatment Plan.

 

The validation leads to the conclusion of a contract being the law of the parties. Like all contract, the convention passed through the Clinic can lead to the application of the rules dispositions on the forced performance, on the non-performance, and on the allocation of damages.

 

The validation of the acceptance, leads to the definitive conclusion of offered services.

 

The validation leads to the obligation:

  • For the user to pay the services regarding the conditions detailed in the accepted Treatment Plan.
  • For the clinic follows, the obligation to deliver the service in the time and space conditions exposed in the Treatment Plan.

 

The users considered as contracting party at the end of the validation step cannot retract except in the conditions planned by the law.

In case of a breach of the contract, the user has the right to engage the appropriate appeals placed at his/her disposal by the law or the rules, directly against the failing clinic.

 

Article 11: Autonomy of conventions made between the User, the Clinic, the Carrier, the Hotel.

• Relations between the parties

SMILE PARTNER and the registered service providers are independent parties, each one acts for oneself and for his/her own account, regarding the formation and performance of the concluded contracts thanks to the relation of SMILE PARTNER.

 

The present Terms of use do not have any subordination link, warrant, undisclosed partnership, joint venture, employer/employee or Franchisor/franchisee relations between SMILE PARTNER, the Clinics, the Carrier companies, or the Hotels. 

 

• Respect of applicable rules

SMILE PARTNER does not have any advice or supervision mission in the legality of contractual documents and other contents provided by the users as well as by the clinics. As a consequence, it belongs to them to do each step towards capable professionals so that to ensure that the said documents or information are conformed to the legal and regulatory prescriptions.

 

Under no circumstances, the provision of the information, or the content provided by the Users and by the Clinics, cannot be assimilated to a guarantee granted by SMILE PARTNER regarding the regularity, the pertinence, and the legality of the content or of the information’s form.

 

Article 12: Filing to the charge of certain users

For the autonomy of conventions made between the Users and the Clinics, it is reminded to professionals that the law obliges them to keep the conclude contracts and above all the compulsory documents of which the production is a legal obligation.

 

For this, the filing realized by SMILE PARTNER is different from the one compulsorily realized by the Clinics.

 

The professional must be sure of the conservation and the filing of the concluded contracts on the SMILE PARTNER’s website.

 

For that purpose, SMILE PARTNER provides to the Users printing tools, the recording and in a general way the whole edition or the storage of elements of which the production could be asked in justice to establish the perfection of the operations. 

 

Article 13: Proof’s convention

The data recorded by SMILE PARTNER, whatever is the format and/ or the support, constitutes the proof of the whole content of information exchanged between the users and the clinics.

 

By acceptance of the present general terms of use, the Users acknowledge immediately and without any reserve, the right granted by SMILE PARTNER to use the collected data during a contractual process engaged between the parties and to provide the content in case of litigation opposing the parties.

 

Article 14: SMILE PARTNER responsibility

The SMILE PARTNER society implements all the means it disposes of to ensure its services, reason the present Terms of use.

 

•Responsibility acquittal

Because of its neutrality in the contracts concluded between the parties, the Users relieve immediately SMILE PARTNER of all responsibilities in case of litigation between the Users and the Clinics, and with their quality of contracting parties for any claims, and any present or future damage, presumed or not, noticed or not, resulting from a direct or indirect way of any claims.

 

More generally the Users relieve immediately SMILE PARTNER of all responsibilities in case of litigation occurring between them, a Clinic, a Carrier company or an Hotel, and having as object or as origin:

  • The content of the treatment plan, or an Transport of accommodation offer.
  • The contract formation of medical service, of transport or accommodation.
  • The performance of the intervention or of the transport or of the accommodation 

• Responsibility limitation

The rights granted by the law to the consumers would not be called into question because of the use of the SMILE PARTNER’s website.

 

Without damage of the dispositions of the presented article, the responsibility of SMILE PARTNER is always limited to the direct and predictable damage that can result from its service of which the subject is purely limited to the relation of future contracting parties.

 

Article 15 : Majeure force

SMILE PARTNER would not be blamed for any breach of its obligation for the present terms of use being caused by facts escaping to its control and/or resulting from a case of Force majeure.

 

Force majeure cases will include, in addition to the cases known by the case law, all the acts of God, all war acts, attacks on law and order, epidemic, fire, floods and other catastrophes, all governmental acts, all strikes, lock-out, as well as all electrical and technical problems external to the parties and preventing the communication.  

 

The party that notices the affair will have to immediately inform the other party of its impossibility to enforce its service and to justify it to the other party. The suspension of the obligations could not be a cause of responsibility for non-performance of the obligation in cause, or lead to the payment of damages or delay penalties.  

 

Article 16 : Various specifications

The present terms of use are governed and interpreted in accordance with the French Law. The French courts will have competence to give their opinion on all litigations susceptible to appear between the parties relative to the present performance.

 

SMILE PARTNER does not guarantee that the functioning of its service will be uninterrupted or exempt from any momentary errors.

 

SMILE PARTNER reserves the right to limit punctually or in a permanent way the activity on its website, depending on the change of the criteria and the threshold.

 

On the supposition that one or several modalities appearing in the Terms of use are considered as illegal, non-invocable or inapplicable by a law decision, the other specifications of the Terms of use will remain in force, on the condition that the general economy of the contract is not disrupted.  

 

The rights and obligations from the present Terms of use as well as all the documents that are incorporated by reference could be freely and of right yielded by SMILE PARTNER to a third party in case of merger or acquisition.

 

The titles of the different articles appearing in the present Terms of use are purely indicative and do not determine necessarily the content of the articles they refer to.

 

The tolerance to a breach of the present Terms of use by the Users or a third party will not affect the rights and actions against all other similar or ulterior breach.

 

The present Terms of use, supported by the documents included by reference, constitute the wholeness of the agreement concluded between the parties.

 

Article 17: Applicable law

All the clauses present in the general Terms of use, as well as all the operations of service provider that are stipulated will be submitted to the French law. 

 

Appendices

Appendix 1: « RULES ON PERSONAL DATA AND PRIVATE LIFE ».

 

1. The special case of children

The SMILE PARTNER services are reserved to people juridically capable to sign a contract in particular with a medical service. Those services are not available for people under 18 that must not provide information about them.

 

2. Data collected by SMILE PARTNER

The main aim of the personal data collection is to offer to the Users an efficient and personalized service, capable of answering their needs and helping them to use SMILE PARTNER services in an easy and quick way.

 

In general, the navigation on the SMILE PARTNER website is free and does not require to decline an identity or to provide any information. On the other hand, the use of SMILE PARTNER services implies a regular subscription by the complete keyboarding of the Quote Enquiry form.

 

An internet user always has the possibility not to transmit information by choosing not to use the service or the function for which this information is required.

 

Some data relatives to the Users’ customs on the website are sometimes registered automatically. Those data are used internally to create statistics on the users, their interests and their behaviours, always in the aim to better serve them. Those data are gathered and analyzed in their whole, and can include the URL that the user has just visited, the one where he goes, the browser used and the IP address.

 

SMILE PARTNER uses cookies on some pages of the website. The « cookies » are small files recorded on the hard disk of the User, and not on the SMILE PARTNER website, they allow providing to Users targeted information according to their interests. Some of those services are only available with the use of a cookie. They can be used to improve the security on the website or to as an identification way. 

 

However, Most of the cookies only last during the time of connexion and are automatically deleted at the end of it. The User always has the possibility to refuse the cookie if his/her browser allows it, but in this case, some services are not accessible.

 

In addition, « cookies » can be placed by a third party on some pages. For example, if the User consults a page created by another user, it is possible that a cookie was inserted in this page. SMILE PARTNER does not exert any control over the use of cookies by third people.

 

SMILE PARTNER also registers data relatives to the frequency and to the nature of the Offers formulated by the Users. In the same manner, the evaluations of a User towards another User are also registered in the SMILE PARTNER user’s profiles.

 

SMILE PARTNER can also constitute a personal file concerning a User, and containing the addressed exchange, the letters or the emails as well as all correspondences coming from another User or a third person about his/her activities of the SMILE PARTNER website.

 

If the Users use the services of a society of which SMILE PARTNER is partner, this one could communicate to SMILE PARTNER information concerning the User and in particular relative to the operations with it.

 

3. Data use

In application with the law n° 78-17 of January 6th 1978, it is reminded that the nominative data which are asked to the Users are necessary for the treatment of his/her enquiry and are destined to an internal use by the contractor. 

 

Those nominative data can nevertheless be transmitted to the Clinics by a third person, partners of SMILE PARTNER. The user has the right of access, of modification, of rectification and opposition concerning his/her information. 

 

The Users agree the use of their personal data for the improvement of the general website functioning, for the statistics’ realization on the use of the website, the personalization of the content, of the presentation and of offered services.

 

The data can also be used (email address, postal address, phone number) to transmit information that in some cases are targeted according to the User interests, or to information relatives to the Treatment Plan, to new services, to promotions, and to the website administration.

 

By agreeing the SMILE PARTNER general terms of use, the User accepts immediately to receive this information. The User always has the possibility to cancel his/her registration by an email or a post addressed to SMILE PARTNER.

 

4. Data diffusion

Personal data with a medical character, are not transmitted to the clinics, regularly referenced on the SMILE PARTNER website, and submitted to the medical secret. 

 

The aim of SMILE PARTNER is to protect the privacy of personal data. Appropriated measures are placed to better ensure its protection. However, the users must be aware that in spite of the efforts, it is unfortunately impossible to guarantee that private communications and other personal data are not given public in conditions that are not in the applicable field of the present rules.

 

Thus SMILE PARTNER can be obliged to communicate information to authorities or to third person in certain circumstances. Moreover, third people could, in a malicious way, intercept or have access to transmissions or private communications of the User.

 

This risk always exists on the Internet.

 

SMILE PARTNER commits itself not to sell or to yield any personal data provided by the Users, except for restrictive cases exposed here-in-after and directly linked to the good performance of the intervention:    

 

• External service providers

SMILE PARTNER can host on its website, services provided by external providers allowing facilitating the use of the website. The use of these optional services by the Users and the supply of some personal data to those external Providers are submitted to their own rules on the respect of private life. So it is reminded that the Users always have the possibility to refuse the communication of this information to the external service Providers and not to use their services.

 

SMILE PARTNER recommends to its Users the biggest prudence and the biggest vigilance in the supply of private data, of which the treatment by a third person drifts away from SMILE PARTNER. 

 

The Users registering next to a website referenced by SMILE PARTNER or including a link towards SMILE PARTNER, allows SMILE PARTNER communicating their email address to this website as well as those affiliated website in general. 

 

• INTERNAL SERVICE PROVIDERS

SMILE PARTNER can use third people as providers or subcontractor to facilitate the access or the use of its services. So SMILE PARTNER can have to communicate its personal data. 

 

Their rights of access, of use and of communication of personal data are controlled by SMILE PARTNER.

 

A privacy agreement forbids them, except immediate authorization from the User, to sell or transmit personal data to third people or to use it for different things from the strict services supply agreed with SMILE PARTNER.

 

In some cases, the service provider can collect information directly to the User.  In this case the User is informed of his/her providers’ role, and will have the choice to communicate them his/her personal data. The use of additional information directly provided, is governed by their rules on the respect of the applicable private life. 

 

• OTHER COMPANIES

SMILE PARTNER and its owner the SMILE PARTNER company can be the subject of an acquisition from another society. On this supposition, SMILE PARTNER could share all or part of the users to continue the service provider. The User will see his/herself notice the changes intervened. 

 

• JUDICIAL ENQUIRY  

SMILE PARTNER answers to the petition of judicial authorities and to third persons to respect the law, the rights of intellectual property or other rights. SMILE PARTNER can be lead (and the User immediately authorized) to communicate all information concerning itself to the law representatives or to the administration because of a fraud investigation, a counterfeiting, a piracy, or other illegal activity where SMILE PARTNER can has its responsibility engaged.

 

5. Rectification and access right to personal data

In accordance with the French law in force the User has the right of access, rectification and opposition on its personal data.

If the User asks for, SMILE PARTNER will proceed to the closing of the account, and the personal details and other information will not appear anymore in the SMILE PARTNER’s database.

 

Any enquiry is receivable at contact@smilepartner.com. Those enquiries will be taken into account as soon as possible.

Some information are kept in the SMILE PARTNER records in the only objective of resolving a litigation that could appear and with the aim to apply the website general Terms of use.

 

SMILE PARTNER could keep the information linked to the performance of contracts passed through the Users during a certain time with the aim to prevent any fraud risk or to allow SMILE PARTNER to be conformed to the applicable legal dispositions.

 

At this title and in accordance with the legal demand applicable in this subject, particularly in the obligation of the save and record of some information, some personal data concerning the Users will, as a consequence, keep in the SMILE PARTNER database after the cancellation enquiry, but without being accessible online. 

 

6. Other data collectors

The present rules on the private life Respect only concerns, with the occasional exception, the use and the communication of data collected by SMILE PARTNER to its Users. They do not apply to the use and the communication of User personal data to third people, even if they are User of SMILE PARTNER’s website, or users of another website.

 

The users have to know any rules relative the private life respect communicated by the advertisers, before communicating information; it concerns contractual conditions that SMILE PARTNER does not control.

 

7. Security

SMILE PARTNER puts in place different security measures to protect the privacy of personal data against the loss and the access without autorization of users external or internal to the company. The Users must be aware that it is only an obligation of means, the absolute security of data passing though the internet cannot be guaranteed.

 

8. Notification

SMILE PARTNER reserves the possibility to make changes to the present rules on the respect of private life, according to the comments added by the Users and the evolution of applicable rules to the data collection and disclosure.

Any changes made to the present rule on the aspects of the private life will be in force 30 days after the online appearance and after the sending of an email to the Users that required it.

The User will still have the freedom during this deadline to notice to SMILE PARTNER his/her refusal of the planned or brought changes. This refusal will lead to the automatic cancellation of the registration and the immediate suspension of the service.



 

Intelectual property

This website is the SMILE PARTNER’s ownership. It is protected by the laws and international treaties in terms of copyrights, as well as by other laws and international treaties in terms of intellectual property.  

SMILE PARTNER is a French brand registered under the number °10 /3713609/JZ. Any breach to the SMILE PARTNER rights or to its advertisers could lead to judicial proceedings.