Terms of use – SmileAL

Terms of use

Terms of use for the platform – Protection of personal data & confidential information

1. The https://www.smile.al/ website belongs to the group of companies of Credins Foundation (hereinafter the Foundation). Through state-of-the-art online infrastructures and open/closed-source software, this website can offer everybody (hereinafter the user/visitor) information, participation and consultation services as well as technological applications relevant for participation in public-benefit actions under the following terms of use. By using or visiting this website the user/visitor unreservedly accepts the terms of use set out herein. Navigating and staying on this website as well as filing and/or cataloguing thereof constitute practical acceptance of the terms of use hereinbelow.

The user, having visited the website and signed up via the platform, shall be able to offer money by debiting his credit or debit card or by directly transferring funds in any way whatsoever (electronically or physically) to the bank account that is kept with the Bank and in which money for each action is collected. In the event that the funding target or time target of a specific action has been reached, and/or in the event that the target of an action is not reached by the deadline, the offers shall be transferred to another action of the Program and relevant notification thereof posted on the Platform, unless the user files a refund request. Individuals and legal persons are eligible to contribute. Furthermore, users can contribute goods or services, depending on the nature and the purposes of the relevant action. The user can sign in to the platform in order to be updated on the action’s progress and outcome, to view his contribution history and generally to get information about “Smile.al” actions. If payment is effected by means of a card, a receipt is produced electronically after successful completion of the transaction, while in the case of a fund transfer into the relevant bank account or direct deposit, the receipt is electronically produced after the deposit has been confirmed. The user can choose whether his contribution shall be disclosed on the website.

2. The https://www.smile.al/ website must be used exclusively and solely for legal purposes and in a manner that does not limit or impede its use by third parties. Users/visitors of this website shall use it in accordance with the law and these terms of use. Users/visitors of this website shall not engage in acts or omissions that could cause its failure or malfunction and adversely affect or put at risk the provision of services available through this website to its visitors.

3. The entire content of this website is made available to the public under the specific terms of Creative Commons Attribution (CC BY 3.0) licence, as set out in detail in the relevant Licence, unless otherwise specified. The licence for any other material protected under a relative law about donations for crowdfunding or general Donations will govern the relative license and permit of Credins Foundation for Social Crowdfunding or other relevant legislation and defined as third party Intellectual Property is not covered by the above licence. To use and exploit material owned by third parties, the final user shall refer to the beneficiaries of the relevant Intellectual Property rights in order to acquire the necessary licences. The computer programs used to develop and run the https://www.smile.al/ website are generally free and/or open-source software and, when offered, they are made available under the specific terms of the European Union Public Licence (https://joinup.ec.europa.eu/software/page/eupl/licence-eupl). The specific licence under which the software is available is specified on the relevant website offering such software.

4. Foundation shall make every effort to ensure that the information and content each time posted on the https://www.smile.al/ website are as accurate, true and up-to-date as possible. Furthermore, it provides the content, such as information, names, photos, illustrations, data etc., and the services available through this website “EXACTLY AS ARE”. The foregoing and any other information provided to the user/visitor through the website do not constitute a direct or indirect solicitation or advice to take any action with an economic outcome. The user should consider carefully the information provided and act at his discretion. Under no circumstances shall the Foundation be liable for any legal, civil or penal claim or for any actual, special or consequential damage incurred by the user/visitor of this website.

5. The https://www.smile.al/ website may contain links to third party websites solely for the user/visitor’s information. Any links to third party websites shall imply neither adoption of such parties’ views and acts nor acceptance of the content expressed, published or posted thereby. Third parties responsible under law for the websites are solely liable for the content of their webpages or for any damage that may result from the use thereof whenever the user of the https://www.smile.al/ website accesses them. The user/visitor accepts that by linking to third party websites he exits the https://www.smile.al/ website and is subject to the terms of use of such third parties’ websites.

6. Foundation shall make every possible effort to ensure the good operation of its network, although it does not guarantee that its servers shall operate without disruption or errors of any kind, free from viruses, malware or similar programs.

7. Given the nature of the Internet, Foundation shall be under no circumstances liable for any form of damage incurred by the user/visitor of webpages, services, options and contents of this website. Furthermore, it cannot guarantee that any of the linked websites or the servers via which all related services become available to the user/visitor is free from viruses or other malware, as it cannot guarantee the correctness, fullness or availability of the contents, webpages, services, options or the results of their use.

8. Through this website Foundation may collect personal data of users/visitors only. Personal data is considered only data that can be used to determine users’/visitors’ identity or to communicate therewith, particularly those collected by means of various Details Filing and/or Participation Forms. The user/visitor expressly and unreservedly consents to provide his personal data, as above, to the https://www.smile.al/ website, wherever required or demanded for the purpose of completing a transaction, for example in order to receive evidence of his donation. Foundation may also use personal data for information purposes or for sending e-mails, letters, announcements/news to registered users/visitors, unless the latter do not wish such and has expressly communicated their wish to Foundation. Foundation shall not make available for sale personal data of others or of users/visitors of this website. Foundation shall not transfer or disclose personal data of users/visitors of this website to third parties, unless otherwise specified by law or if such transfer/disclosure constitutes a contractual obligation necessary for the smooth operation and performance of this website.

In addition, the relay or disclosure to an Action’s implementing body of the contact details (e-mail, tel. no.) of donors for the purposes of offering token rewards to donors, as described in the section for each action, is not considered to be disclosure to third parties of said personal details. In any case, if a donor does not wish his contact details to be disclosed to the respective implementing body, he should notify Foundation in writing via the contact form available at https://www.smile.al/contact/.

Credins Foundation takes every measure to ensure the ethical and lawful collection and processing of personal data, as well as their safekeeping in accordance with the relative Data Protection Law (GDPR) may be applied here or the latest Albanian Low for Personal Data Privacy,protecting the secrecy and confidentiality of any information it becomes aware of.

Foundation may process, in part or in whole, data sent by users/visitors, including but not limited for statistical reasons and for improving the services and information provided (e.g. number of donations per action, percentage rate of achieving the target, total number of donors per category etc.). Visitors/users providing the aforesaid data are also deemed to provide their consent for the said data to be used by Foundation, its subsidiaries and any associated companies acting on behalf and for the account of Foundation, for the above mentioned purposes.

In any case, visitors/users of our website are entitled to access any personal data concerning them that are subject to processing as above and to challenge data (correction included). Any request to this effect should be made in writing e-mail to: inf[email protected]

Through this website, non-personal user identification data may be collected by means of relevant technologies, such as cookies and/or monitoring IP addresses and similar means as resulting from the communication between the web browser and the server. Cookies are small text files stored in each user’s/visitor’s hard drive that do not take knowledge of any document or file therein and do not result in associating the computer to any person. They are used in order to facilitate the user’s/visitor’s access regarding the use of specific services and/or webpages for statistical reasons and for identifying useful or popular areas.

Non-personal data can also include the web browser type used by the user/visitor, the type of computer, its operating system, the internet service provider (ISP) and other such information.

The user/visitor of this website can configure his web browser so as to be alerted about “cookies” used in specific services or not to allow the acceptance of “cookies” on any occasion. To this end, he can refer to his browser manual or help screen to be further informed of such operations. For instance, he can configure Internet Explorer through Tools /Internet Options /Security and Privacy. If the user/visitor of specific services and pages does not wish to use authentication “cookies”, it is possible to gain limited access to certain services, uses or operations provided by this website. The collection of all personal data received by Foundation through this website, whether sent by the users as the case may be or collected upon users’ navigation through this website, is performed under Albanian Personal Data Protection Law. 

9. The user must carry out transactions in accordance with these terms and the guidelines of Foundation, as such are communicated at the time of the transaction. The user must show particular caution when completing the details of transactions and undertakes to ensure that his relevant entries will be absolutely clear, complete and accurate, otherwise Foundation is not obliged to perform them. Foundation shall not be liable for incorrect data entry by the user, who is solely responsible for the accuracy, completeness and legality of these entries.

The user shall fulfil all his obligations deriving from the terms of use of the payment card and the respective legislation regarding the payment by electronic means, including taking every step to ensure secure safekeeping of the card, informing without delay the issuing bank in the event of loss or theft of the card, and so on. Registered users shall keep in a safe and secure manner the access codes to the Application. Foundation’s liability for non-execution or erroneous execution of payment orders is subject to the provisions of legislation relating to payment services.

10. Communication forms, announcement boards and interactive areas may be posted through this website. The use of the above implies that the user/visitor is solely liable for the communication effected and the consequences arising from the publication of such communication. Foundation shall not be liable for the fidelity, accuracy or credibility of the material published in an interactive area or for the consequences of communication in interactive areas or the consequences arising from the use of the website. Under no circumstances shall Foundation be deemed to accept or adopt, in any manner whatsoever, ideas, views and acts expressed by the user/visitor in the context of communication. Foundation may check, correct or even erase the content of the user’s/visitor’s communication and participation. The user/visitor accepts the licence granted, under the specific terms of the terms of “Creative Commons” Attribution (CC-BY-v.3.0) as specified in detail in the relevant Licence, to all projects warranting protection under Law 2121/1993 that result from communication on the notice boards and communication forms and on the interactive areas, as described above.

11. The https://www.smile.al/ website may provide the user/visitor with the option to participate and publicly discuss topical issues that are set out in the form of questions. The answers of the user/visitor who participates in the above procedure shall be recorded, analyzed and generally taken into consideration in order to draw conclusions with respect to the issue under review that is each time placed for public consultation by participatory process. The specific terms of such participatory process and public consultation shall be at all times determined by Foundation.

Foundation reserves the exclusive right to collect and use all such data, as well as the relevant findings which are available to the public through the above website, while the website user/visitor consents to the transfer of all intellectual property rights arising from his participation in the public consultation to Foundation, as described herein above.

12. The terms and conditions regarding the use of this website, as well as any amendment or change thereof by Foundation shall be governed and supplemented by national and European legislation and relevant international treaties. Any provision of the above terms ascertained to contravene the above legal framework or rendered invalid, shall ipso jure cease to apply and shall be deleted here from, without affecting under any circumstances the validity of the other terms.

13. The terms and provisions regarding the use of this website constitute the overall agreement between Foundation and the user/visitor of its webpages and services and bind solely the latter. No amendment of such terms of use shall be taken into consideration nor constitute part of this agreement, unless stated in writing and incorporated in these terms of use. Unless otherwise specified on this website, the above terms of use shall immediately become effective in their entirety. Foundation reserves unilaterally the right to amend, add, or change the content or services of the website, as well as its terms of use, whenever it deems so necessary, without prior notification, through this website, always under the current or possible legal framework. In view of the above, the users/visitors of the website are advised to check regularly the said content, services and terms for any changes, as continued use implies acceptance of any amendments thereto.