Privacy policy

The website and possibility of sending an anonymous text (hereinafter referred to as our ‘Service’ or ‘Product’ ) is provided by Smsghost, registered at 17000 La Rochelle,France, and registered in the with registration number 798814174.

Definition of the terms not defined here shall be derived from the Terms of Use of Smsghost Website.

If you are our Client or an individual/entity and have any privacy-related questions, please contact us on contact@smsghost.com. We only process and Client submitted data that is necessary for the purposes for which it is processed:

Interpretation:

The words of which the initial letter is capitalized have meanings defined under the Terms of Use of Smsghost. The definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1. About Smsghost:

Smsghost is an online service that allows our members to send anonymous SMS (“Short mobile messages”).

2. Information Collection and Use by Smsghost:

Smsghost does not collect any personal information from its Client(s). Smsghost collects Client submitted information such as email address and phone number.

Smsghost also logs non-personally-identifiable information including IP address, profile information, aggregate client data, and browser type, from clients and visitors to the site. This data is used to manage the website, track usage and improve the website services. Client IP addresses are recorded for security and monitoring purposes.

These information may be used by Smsghost to provide services, but they will not be shared.
Your identity will not be revealed, unless it is necessary by our Terms of Use. To the extent necessary, the Client expressly authorizes Smsghost to process the Client’s data and to make them available to third parties for the purpose of performing the Agreement.

3. Use of Cookies:

Smsghost uses cookies to store visitor’s preferences and to record session information.

4. Third Party Advertising:

Ads appearing on this Web site may be delivered to Clients by Smsghost or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by Smsghost and does not cover the use of cookies by any advertisers.

5. Links
   Smsghost Website contains links to sites. Smsghost is not responsible for the privacy policies and/or practices on other sites. When linking to another site a client should read the privacy policy stated on that site. Our privacy policy only governs information collected on Smsghost Website.

6. Non-Disclosure Policy: Smsghost entails a Non-Disclosure Policy which means that if any entity/individual contacts Smsghost for information on any of our Client, in such situation, Smsghost shall refuse to share any information of its Client to the concerned entity/individual.

7. Changes in our Privacy:

From time to time we may make changes to our privacy policy.

8. Liability:

Smsghost (which also includes its owners, employees, suppliers, internet services providers, partners, licensors, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of Smsghost services, the Smsghost website, websites linked to the Smsghost website, any content available on the Smsghost website, any downloads from the Smsghost website, and/or any other reason which is not directly related to Smsghost gross negligence. Without in any way limiting the foregoing, Smsghost shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Privacy Policy.

9. Data Protection Authority:

If you have a complaint about the manner in which your personal data is processed, we would like to hear from you so that we can find a solution together. If that doesn’t satisfy you, you can submit your complaint about our website to the Data Protection Authority at contact@apd-gba.be

10. Miscellaneous:

This Privacy Policy shall be governed by and construed and interpreted in accordance with the laws of the France.

No agency, partnership, joint venture, or employment is said to be created as a result of this Privacy Policy and the Client does not have any authority of any kind to bind Smsghost in any respect whatsoever. In any action proceeding to enforce rights under this Privacy Policy, the prevailing party will be entitled to recover all the costs and attorneys’ fees.

All notices under this Privacy Policy will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery services; and upon receipt, if sent by certified or registered mail, return receipt requested.

This Privacy Policy constitute the whole agreement between Smsghost and the Client and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

11. Purpose of Privacy Policy: In compliance with privacy regulations, we process your personal data based on one or more of the following legal basis:

• Fulfilment of an agreement with you;
• Compliance with legal or regulatory requirements regarding the management of a contractual relationship, particularly with regard to providing the Service;
• The legitimate interest of us or the user of the Service.
• Your explicit consent.

12. GDPR: GDPR under this Privacy Policy shall mean the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”).

This Privacy Policy constitutes a data processing agreement as referred to in Article 28 of the GDPR.

If the Client enters or otherwise processes personal data when using the Product, the Client will be regarded as the ‘data controller’ as referred to in Regulation (EU) 2016/679 (GDPR). The Client must therefore guarantee that there is a legal basis for the processing of personal data.

In accordance with the General Terms and Conditions of Smsghost, the Client is not permitted to enter, send and/or otherwise store personal data (as referred to in Article 4 of the GDPR) via, in and/or with the Product and/or the systems of Smsghost (unless otherwise stipulated in the General Terms and Conditions). This means that Smsghost cannot be regarded as a data processor within the meaning of Article 4 of the GDPR. Should the Client fail to comply with the relevant obligation, Smsghost is still of the opinion on legal grounds that it cannot be regarded as a data processor within the meaning of Article 4 of the GDPR. In the event that the GDPR should still consider Smsghost a data processor of the Client, then (and only in that case) the provisions set out below in this article will apply between the Parties.

Smsghost processes the personal data on behalf of the Client and in accordance with the Client’s written instructions. If, in the opinion of Smsghost, such an instruction constitutes an infringement of the GDPR or of other provisions of EU or national law relating to data protection, Smsghost shall immediately inform the Client thereof.

The Client will comply independently with the requests for the exercise of the rights of the data subjects as set out in Chapter III of the GDPR, if the Client (also) has access to the Personal Data that are relevant to the requests.