Cookie Policy

This Cookie Policy governs the use of cookies on the website www.smiling.agency and the SMILING platform (hereinafter the “Website”).

Cookies are small text files which are stored on a device’s hard drive and which contain certain information and sometimes Personal data.

If you want general information about how we process your Personal data other than through cookies, including in relation to your communication with us via e-mail, phone, fax and social media and in relation to any order or purchase, please see our Privacy Policy

By continuing to use the Website after having been informed of the use of cookies, you acknowledge that you have read and accept this Cookie Policy and our Privacy Policy

1. IN GENERAL

1.1 Your Personal data are processed by Promokid’s SPRL, rue du Prince héritier, 1200 Brussels, with company number 0453.090.562, (hereinafter “SMILING”, “we”, “us”, “our”). You can contact us via email at casting@smiling.agency.

1.2 Any reference in this Cookie Policy to certain laws or regulations also includes any change, replacement or annulment of these laws or regulations, including any related executive decisions.

1.3 We reserve the right to, from time to time, modify this Cookie Policy at our own discretion. Such modification will be communicated via the Website. If you do not accept the modifications, you have to inform us by sending an email to casting@smiling.agency. If we do not receive such an email from you within three (3) business days after the modifications to the Cookie Policy have been announced on the Website, you will be deemed to have accepted all modifications.

2. COOKIES

2.1 You can avoid cookies being placed by configuring your browser as such. For guidelines about how to do this, please refer to the information about your browser, for instance:

• Internet Explorer Cookies Policy
• Edge Cookies Policy
• Chrome Cookies Policy
• Safari Cookies Policy

However, not allowing cookies when visiting the Website may cause certain or all features of the Website to stop working properly.

2.2 When you visit the Website, we place a number of cookies. Most data pertaining to these cookies, their placement and use allow to identify you, and we use them to gain insight in how you and other visitors use the Website by gathering statistical and usage data, enabling us to provide a better user experience on the Website

2.3 Nous recevons directement de votre part toutes les Données à caractère personnel mentionnées précédemment. Il peut arriver que nous recevions des informations supplémentaires à propos de vos préférences et de vos habitudes de navigation par des partenaires tels que Google ou Facebook. Si vous avez besoin de plus d’informations à propos des Données à caractère personnel que ces parties traitent à votre sujet et mettent à la disposition de tiers, vous êtes prié de consulter leurs politiques respectives de protection de la vie privée.

• Absolutely necessary cookies: these are session cookies which allow you to browse the Website, use their functionality and access secure areas. If use of these cookies is deactivated, some parts of the Website may be inaccessible. They are also authentication cookies that enable you to access your Personal account by opening a website user session with identifiers.
• Functional cookies: we use functional cookies to improve your visit, make the Website use friendlier and provide you with the most relevant information. For example, we use cookies to personalise the user interface to remember your preferences such as language choice and country. We also use 'Flash' cookies. Flash Player has its own local information sharing cookie system. Flash cookies are different from traditional cookies because they are stored by the browser. These locally shared objects are stored on the machine with no time limit. They send browsing habits by default (history of sites visited, etc.).
• Performance cookies: performance cookies collect visit statistics for the Website for all Internet users to help us make the Website more user-friendly and provide better-suited content. For example, performance cookies track the number of unique visits, the number of error messages displayed and the most frequently visited pages.
• Sales cookies: we use sales and third-party cookies to collect information about browsing habits on the Website. This enables us to do behavioural advertising campaigns, to better personalise them and to measure their effectiveness.

2.4 We know about the following cookies being used on the Website:

| Name | Type | Purpose | Storage Period | |-------|-------|----------|----------------| | Facebook | temporary & for authentication | To identify and use our services | Per login session. |

2.5 You may at all times withdraw your consent with our use of cookies. To exercise this right, it suffices to delete the cookies, which have been placed on your device. To do so, please refer to the appropriate instructions of your browser manufacturer.

3. PURPOSES FOR WHICH WE USE YOUR PERSONAL DATA

3.1 We process your Personal data to perform statistical analyses so that we may improve the Website, advertisements, products and services or to develop new products and services.

3.2 We may also process your Personal data for the preservation of our legitimate interests or of our affiliates and partners or a third party if your registration with or use of the Website can be considered (a) a violation of this Cookie Policy or the intellectual property rights or any other right of a third party, (b) a danger or threat to the security or integrity of our Website or to our or any of our affiliates’ or subcontractors’ underlying IT systems due to viruses, Trojan horses, spyware, malware or any other form of malicious code, or (c) in any way hateful, obscene, discriminating, racist, slanderous, spiteful, hurtful or in some other way inappropriate or unlawful.

3.3 We process your Personal data to do behavioural advertising campaigns, to better personalise them and to measure their effectiveness.

Your Personal data may be transferred to the police or the judicial authorities as evidence or if there are justified suspicions of an unlawful act or crime committed by you through your use of any part of the Website.

4. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA

4.1 The processing of your Personal data for the purposes outlined in Article 3 above is based on your consent or a legal obligation that we have to comply with.

4.2. In some cases, the processing of your Personal data may be necessary for purposes of our legitimate interests, such as:

• Continuous improvements of the Website, social media channels, products and services to ensure that you have the best experience possible;
• Keeping the Website, social media channels, products and services safe from misuse and illegal activity;
• Marketing and promotion of our products, services, brands and overall successful commercialization of our products and services.

5. TO WHOM WE SEND YOUR DATA

5.1 We rely on third-party processors to provide you the Website and process your Personal data on our behalf. These third-party processors are only allowed to process your Personal data on our behalf and upon our explicit written instructions. We warrant that all third-party processors are selected with due care and are committed to observing the safety and integrity of your Personal data.

5.2 We may share your Personal data with other entities within the Promokids/SMILING Group. However, we ensure that all companies of the Group will take due care that all processing of your Personal data is in line with what is set out in this Cookie Policy.

5.3 We do not send your Personal data in an identifiable manner to any other third party than the ones mentioned in Articles 5.1 and 5.2 without your explicit consent to do so. However, we may send anonymized data to other organizations that may use those data for improving products and services as well as to tailor the marketing, displaying and selling of those goods and services.

6. LOCATION AND TRANSFER

6.1 We process your Personal data within the European Economic Area (EEA). However, in order to process your Personal data for the purposes outlined in Article 3 above, we may also transfer your Personal data to other entities of the Promokids/SMILING group or to third parties which process on our behalf outside the EEA. Each entity outside the EEA that processes your Personal data will be bound to observe adequate safeguards with regard to the processing of your Personal data. Such safeguards will be the consequence of:

• The recipient country having legislation in place which may be considered equivalent to the protection offered within the EEA; or
• A contractual arrangement between us and that entity.

6.2 We may transfer anonymized and/or aggregated data to organizations outside the EEA. If such transfer takes place, we will ensure that there are safeguards in place to ensure the safety and integrity of your data and all rights with respect to your Personal data that you enjoy under applicable mandatory law.

7. QUALITY ASSURANCES

7.1 We do our utmost best to process only those Personal data which are necessary to achieve the purposes mentioned in Article 3 above.

7.2 Your Personal data are only processed for as long as needed to achieve the purposes mentioned in Article 3 above or up until such time where you withdraw your consent for processing them. Your withdrawal of your consent may imply that you can no longer use the whole or part of the Website. We will de-identify your Personal data when these data are no longer necessary for the purposes mentioned in Article 3 above, unless there is:

• An overriding interest of SMILING or any third party in keeping the Personal data identifiable;
• A legal or regulatory obligation or a judicial or administrative order that prevents us from de-identifying them.

7.3 We will take appropriate technical and organizational measures to keep your Personal data safe from unauthorized access or theft as well as accidental loss tampering or destruction. Access by our personnel or of our third-party processors will only occur on a need-to-know basis and be subject to confidentiality obligations. You acknowledge, however, that safety and security are best-efforts obligations that can never be guaranteed.

8. YOUR RIGHTS

8.1 You have the right to request access to all Personal data pertaining to you that we process. We reserve the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for causing nuisance or harm to us. Each request has to specify for which processing activity you wish to exercise your right of access and which data categories you wish to gain access to.

8.2 You have the right to ask that any Personal data pertaining to you that are inaccurate, are corrected free of charge. If you submit a request for correction, your request has to be accompanied by proof of the flawed nature of the data for which correction is asked.

8.3 You have the right to withdraw your earlier given consent for the processing of your Personal data.

8.4 You have the right to request that Personal data pertaining to you be deleted if these data are no longer required in the light of the purposes mentioned in Article 3 above or if you withdraw your consent for processing the data. However, we will evaluate a request for deletion against:

• Overriding interests of SMILING or any third party;
• Legal or regulatory obligations or administrative or judicial orders which may contradict such deletion. However, if none of these conditions are met, we will delete your data immediately upon request.

Instead of deletion you can also ask that we limit the processing of your Personal data if (a) you contest the accuracy of the data, (b) the processing is illegitimate, or (c) the data are no longer needed for the purposes mentioned in Article 3 above.

8.5 You have the right to oppose to the processing of Personal data if you are able to prove that there are serious and justified reasons for such opposition. However, if the intended processing qualifies as direct marketing, you have the right to oppose to such processing free of charge and without justification.

8.6 You have the right to receive from us in a structured, commonly-used and machine-readable format all Personal data which you have provided to us.

8.7 If you wish to submit a request to exercise one or more of the rights mentioned above, you can send an e-mail to casting@smiling.agency An email requesting to exercise a right will not be construed as consent with the processing of your Personal data beyond what is required for handling your request. Such request has to clearly state which right you wish to exercise and the reasons for it if such is required. It should also be dated and signed, and accompanied by a digitally scanned copy of your valid identity card proving your identity. If you use the contact form on the Website, we may ask you for your signed confirmation and proof of identity. We will promptly inform you of having received this request. If the request proves valid, we will honour it as soon as reasonably possible and at the latest within thirty (30) days after having received the request. If you have any complaint regarding our processing of your Personal data, please feel free to contact us via email at nfo@smiling.casting Should you remain unsatisfied with our response, you have the right to file a complaint with the competent data protection authority.

9. Miscellaneous

9.1 All contracts with us and this Cookie Policy are subject to Belgian law.

9.2 All Disputes arising between the Parties shall be, in the absence of amicable settlement, settled by the competent courts in Brussels (Belgium).