Types of personal data processed by Esimware
‍
Esimware processes your personal data only for the following purposes:

Data collected on the Esimware Website
Data collected when you use the eSIM service on the Esimware Application.

When the legal basis cited is the pursuit of a legitimate interest, the data subject may obtain additional information regarding the balancing of interests upon simple request.
The details on the categories of data are not exhaustive and are intended to inform the data subject about the types of personal data that may be collected by Esimware.
Providing certain types of personal data may be necessary or optional, depending on the services you wish to access. The optional or mandatory nature of personal data collection is specified at the time of collection. If you refuse to provide mandatory data, Esimware may not be able to process your request (for example, eSIM activation request, order request, customer service request).
You may also decide to order an eSIM and associated plans for third parties on the Esimware Application. In this case, you shall ensure that you communicate this data to Esimware in accordance with applicable personal data protection regulations, particularly by informing third parties of the processing of their personal data by Esimware.

Access to your personal data

Your personal data may be transmitted to the following recipients when you access and use the Esimware App and its services.

Transfer of data outside the European Union/European Economic Area
‍
Wherever possible, your personal data is processed within the European Union (EU) or the European Economic Area (EEA).
However, your personal data may be transferred to third countries due to the global nature of the services provided on the Application, particularly when you order a local plan provided by a telecommunications operator located outside the EU/EEA.
In addition, Esimware uses service providers who may also be located outside the EU/EEA.
If the third country does not ensure a level of personal data protection equivalent to that of the EU/EEA, Esimware ensures that the transfer of personal data is covered by appropriate safeguards (for example, standard contractual clauses, transfer impact assessments, etc.). A copy of these safeguards can be obtained by sending an email directly to Esimware at dpo@esimware.com.

Protection of your personal data
‍
Esimware has implemented appropriate technical and organizational measures to protect your personal data, particularly against potential personal data breaches that could lead to, accidentally or unlawfully, the destruction, loss, alteration, unauthorized access to, or disclosure of your personal data. These measures ensure a level of security appropriate to the data and take into account the state of the art and implementation costs in relation to the risks and the nature of the data to be protected.
In this regard, Esimware:

Implements physical, organizational, and technical security measures in accordance with industry standards to protect the personal data that we and our service providers hold. However, we cannot guarantee and do not guarantee the absolute protection and security of personal data stored by Esimware or by third parties.
Ensures the storage of an encrypted database, inaccessible from the internet. We use PostgreSQL, Google Cloud infrastructure, Google Infrastructure Security Design, and Google Cloud Platform.
Protects access to personal data through credentials, passwords, and specific user rights.
Protects its premises with appropriate security measures.

If you have discovered a vulnerability or wish to report a security incident, you can send an email to dpo@esimware.com.

Retention period of your personal data

As a general rule, your personal data will only be retained for the period necessary to achieve the objectives for which it was collected, or to meet legal or regulatory obligations.
In the absence of applicable exceptions:

Data relating to your Esimware account (including data relating to your orders) will be retained until deletion of your Esimware account at your request or in case of inactivity of your Esimware account for two (2) years;
And data relating to your customer support request will be retained until your request is fully processed.

Beyond these retention periods, Esimware will store your personal data in an archived database for:

Three (3) years for data processed for direct marketing purposes;
Five (5) years for data processed for evidentiary purposes;
Ten (10) years for data processed for accounting purposes.

Regarding cookies and other tracking technologies used on the Esimware App:

Information collected through these cookies and other tracking technologies will be retained for a maximum period of twenty-five (25) years; and
The lifespan of these cookies and other tracking technologies is a maximum of thirteen (13) months.

Regarding your requests to exercise your rights, these are retained for the entire duration necessary to process the request and then stored in intermediate archiving for the applicable criminal statute of limitations period, namely 6 years, in intermediate archiving.

Your rights regarding your personal data

If you are established in the EU/EEA, you have the following rights regarding your personal data.
Depending on your country of residence, you may have additional local rights concerning the processing of your personal data. For example, if you are established in France, you may define general or specific directives concerning your personal data in the event of death (for example, their deletion or transmission to any person of your choice). You may revoke your instructions at any time.
In certain circumstances, Esimware may ask you for specific information in order to confirm your identity and ensure the exercise of your rights. This is another appropriate security measure to ensure that personal data is not disclosed to a person who does not have the right to receive it.
If you have questions or wish to exercise your rights, you can contact Esimware directly by sending an email to dpo@esimware.com or by mail to: DPO LETSHOWTODO SARL 12 Rue Yves Toudic 75010 Paris.
If necessary, you may also file a complaint with your national data protection authority. This right may be exercised at any time and free of charge, excluding any postal costs or expenses related to representation or legal assistance if you choose to use the assistance of a third party for the procedure.

Definitions

The terms used below have, in these General Terms and Conditions of Sale, the following meaning:
● "Application": refers to the ESIMWARE mobile application accessible free of charge on the App Store and Google Play Store.
● "Customer": refers to the contracting party of ESIMWARE who guarantees having consumer status as defined by French law and case law and who orders a Plan. In this respect, it is expressly provided that the Customer is a natural person acting for purposes which do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity.
● "Order": refers to the order of Plans by a Customer on the Application.
● "Account": refers to the interface hosted on the Application in which all data provided by the Customer is grouped together and allowing them to benefit from the services of the Application.
● "General Terms of Use" or "GTU": refers to the contractual conditions made available on the Application and on the Website, governing their use by any internet user.
● "General Terms and Conditions of Sale" or "T&Cs": refers to these contractual conditions governing the Order of Plans from ESIMWARE. The T&Cs are concluded between ESIMWARE and the Customer.
● "Parties": in the plural refers collectively to ESIMWARE and the Customer. In the singular, refers to only one of the two Parties.
● "Plans": refers to prepaid eSIM service Plans allowing Customers to connect their device to the Internet.
● "Platform": refers collectively to the Application and/or the Website.
● "Website": refers to the Website published and operated by ESIMWARE accessible at the following address https://www.esimware.com

Acceptance of the T&Cs

The Customer agrees to carefully read these T&Cs and to expressly accept them before proceeding with payment for an Order of Plans on the Platform.
These T&Cs are referenced at the bottom of each page of the Website and can thus be consulted, downloaded and printed at any time.
On the Application, these T&Cs are referenced in the Profile tab > FAQ > "About" and can thus be consulted at any time.
By checking the box "I accept the general terms and conditions of sale and the general terms of use" when placing the Order, the Customer acknowledges having read, understood and accepted the T&Cs without limitation or condition.

Technical specifications

By placing an Order for Plans on the Platform, the Customer acknowledges having the necessary means and skills to use them.
The equipment necessary for accessing and using these ordered Plans is the Customer's responsibility.
In this respect, the Customer must have an eSIM compatible device. The eSIM compatibility of the device depends on the device manufacturer (for example, Apple, Samsung, Huawei) and the version of the device that the Customer owns.
Before placing an Order on the Platform, the Customer must ensure that their device is eSIM compatible.
The Customer has three options:

Access the ESIMWARE Application: if the Customer sees an error screen, their device is not eSIM compatible
Search for their device in the list of eSIM compatible devices, accessible here
Manually check in their device settings.

The Customer can also perform a quick check by clicking on the Website on the "check if my device is eSIM compatible" tab available when placing their Order. By indicating the brand and version of their device, they will be able to determine if an eSIM can be used.
In any case, the Customer also agrees to verify that their device is not locked to a specific operator. Most locked devices are generally those purchased directly from a mobile operator that has implemented a device locking policy, due to the associated rental contract.
All roaming charges incurred by the Customer on their local number, particularly in case of an error made when configuring their device settings, remain the Customer's responsibility.

Order of Plans

To be able to order a Plan on the Platform, the Customer must have legal capacity or authorization from their legal representatives and be a consumer within the meaning of the preliminary article of the Consumer Code.
5.1. Characteristics of Plans
ESIMWARE undertakes to present clearly, legibly and comprehensibly the essential characteristics of the Plans and the mandatory information that the Customer must receive under applicable law.
ESIMWARE may restrict the availability of offers in certain countries.
The Customer agrees to carefully read this information before placing an Order on the Application.
ESIMWARE markets eSIM service Plans.
The eSIM is the equivalent of a physical SIM card but virtual, allowing Customers to purchase data Plans on the Application and use them directly on their devices.
ESIMWARE eSIM data packages are offered as is, and no modification or additional customization can be made based on individual requests once the purchase is made.
As soon as the Order is placed on the Application, the Plan will be immediately available to the Customer upon activation.
ESIMWARE only markets data Plans, without providing the Customer with a telephone number, nor the ability to make or receive voice phone calls (including calls to emergency numbers) nor to send or receive SMS. However, the Customer will be able to call via Voice over IP (VoIP) applications such as WhatsApp, Viber, or Skype when networks and regulations permit.
5.2. Price
For all Plans, the Customer will find prices displayed on the Website in euros including all taxes (TTC).
Prices including all taxes include in particular Value Added Tax (VAT) at the rate in force on the Order date. Any modification of the applicable rate may impact the price of Plans from the effective date of the new rate.
Prices may be modified in case of offers (promotional code) or special sales.
The applicable price is that indicated on the application on the date on which the Order is placed by the Customer.
5.3. Order Procedure
Orders for Plans are placed directly on the esimware application. To place an Order, the Customer must follow the steps described below.
5.3.1. Order on the Application
After downloading the Application and registering, the Customer will be able to Order a Plan by clicking on "where are you traveling?" or directly from the "see available offers" choice on the Application.
The Customer must then select their destination country. At this stage, the Customer can directly purchase a Plan by choosing one of the offers proposed.
Plan offers differ according to the duration of availability of the Plan and the quantity of data offered.
Once the Plan is selected, the Customer can continue and finalize their Order.
5.3.2. Order on the Website
This option is not yet available.
5.3.3. Types of offers
5.3.3.1. Promotional offers
The Customer may benefit from promotional offers granting them advantages of various kinds (free consumption volume for a limited duration, price reduction, etc.).
To benefit from these advantages, the Customer must provide their email address, telephone number and departure date.
In case of an advantage consisting of a welcome offer, the Customer may benefit from it only once.
In any case, the use of multiple email addresses by the same Customer in order to benefit multiple times from a promotional offer intended for single use is strictly prohibited.
The Customer cannot use a temporary or single-use email address to benefit from a promotional offer.
In case of observation of abusive use of the promotional offer (e.g., use more than once by the same person or the same device or the same email address of said offer, use of a temporary or single-use email address), ESIMWARE reserves the right to terminate these conditions automatically, which will immediately end the availability of the service provided under this offer.
It is further specified that promotional offers will by nature only be available for people traveling abroad. They cannot under any circumstances be used by a consumer in their local market.
ESIMWARE reserves the right to terminate these conditions automatically if it observes this case, which will immediately end the availability of the service provided under this offer.
In the case where the promotional offer is not activated within 90 days following the order, ESIMWARE reserves the right not to provide the service associated with said offer.
At the end of the duration of the offer expressly indicated during the Order, the Customer will no longer be able to use the Plan associated with this offer.
Finally, to access other Plans, the Customer must place an Order on the Website in accordance with the provisions detailed below or directly on the Application.
5.3.3.2. Paid offer
To place an Order for a paid Plan on the application, the Customer must indicate their email address.
The Order of a Plan is valid for a duration of one (1) year. The benefit of the Plan may be lost at the end of this period, without possible reimbursement.
Plan offers differ according to the duration of availability of the Plan and the quantity of data offered.
Once the Plan is selected, the Customer can continue and finalize their Order.
5.3.4. Finalization of the Order
The Customer can then pay for their Plan Order according to the chosen payment method, by following the instructions appearing on the Application and by providing the information necessary for billing.
It is specified that to use a code during payment, it will be necessary to Order on the Application.
5.3.5. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the Platform to acknowledge receipt of the Customer's Order.
A copy of the acknowledgment of receipt of the Order is automatically sent to the Customer by email, provided that the email address communicated through the registration form is correct.
The summary is also available on the Application in the Profile tab > My purchases.
The Order summary as well as the confirmation email can be saved and printed by the Customer.
5.3.6. Billing
During the Order procedure, the Customer must enter the information necessary for billing.
The Customer must in particular specify the chosen payment method.
The Customer can obtain an invoice by contacting ESIMWARE customer service at info@esimware.com.
5.4. Date of the Order and provision of the paid Plan
The date of the Order is the date on which ESIMWARE acknowledges receipt of the Order online, the date on which the Customer pays for the Plan on the Platform.
To access the Plan, the Customer must download the ESIMWARE Application available on the App Store and Google Play Store.
If the eSIM card has not already been installed, the Customer must then directly install their eSIM so that the data Plan is configured in accordance with the Customer's Order. This installation operation requires a stable internet connection.
The service will be accessible immediately after successful installation of the eSIM card and activation in the destination country of the data Plan associated with the eSIM card.
It is specified that the Customer must use the eSIM card on the device on which they logged in.
The installed eSIM will remain on the Customer's device upon expiration of the validity period of the Plan indicated during the Order.
At any time, the Customer can delete the eSIM in their device settings.
In case of difficulty related to installation, the Customer is invited to contact ESIMWARE according to the procedures specified in article 14 of these T&Cs.
Each use of the data Plan by the Customer will be rounded to the nearest megabyte.
Access to the service will end either at the end of the validity period of the Plan indicated during the Order, or upon expiration of the total consumption of the Plan, whichever comes first.
It is specified that data that has not been consumed before the expiration of a Plan is lost and is not refundable.
Before the expiration of the Plan duration or at the end of the validity period of the ordered Plan, the Customer may reload and/or purchase a new Plan from the Website or on the Application.
In case of loss, theft, or device change, ESIMWARE will not reimburse the Customer for the Order of their Plan. By downloading the ESIMWARE Application on a new device, the Customer can continue to use the Plan from the Application after reinstalling an eSIM.
5.5. Reimbursement of non-activated Plans
Following an Order, if the Customer has not installed their eSIM on their device or if they have installed their eSIM but the data Plan is not activated, they may obtain a full reimbursement of their Order.
Only the amount of the Order may be reimbursed.
The request for full reimbursement must be sent by email to info@esimware.com within a maximum period of thirty (30) days from the Order of the Plan on the Website.
Beyond this period of thirty (30) days from the Order of the Plan on the Platform, the reimbursement request may not be taken into account by ESIMWARE.
Upon receipt of the reimbursement request, ESIMWARE will have five (5) business days to ensure the eligibility of the request and confirm the reimbursement to the Customer.
The reimbursement will be made within a maximum period of thirty (30) days, using the same payment method as that used during the Order.
A partial reimbursement of the Order could be considered in the case where the Plan has been activated but the data remains unused (i.e., less than 1% of data consumed).

Right of withdrawal

In principle, distance sales contracts allow the consumer to benefit from a right of withdrawal within a period of fourteen (14) days from the conclusion of the contract. However, this principle has exceptions provided for by article L.221-28 of the Consumer Code, particularly regarding immediate services.
Prepaid eSIM service Plans allowing Customers to connect their device to the Internet being an immediate service, the Customer expressly agrees to waive their right of withdrawal within the 14-day period, provided that use of the Plan has begun before the expiration of the 14-day period in accordance with article L.221-28-1° of the Consumer Code.
The acceptance of the immediate commencement of the provision of the service and the express waiver of the right of withdrawal are formalized upon validation of the Order.

Payment

7.1. Payment methods
The Customer can pay for their Order on the Application using the payment methods offered by ESIMWARE, namely:
● Either by bank card (including ApplePay and GooglePay);
When choosing their payment method, the Customer will be redirected to a secure space corresponding to this choice in order to proceed with payment.
The Customer guarantees to ESIMWARE that they hold all the authorizations required to use the chosen payment method.
ESIMWARE takes all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the Platform.
7.2. Payment date
In case of a single payment by credit card, the Customer's account will be debited as soon as the Plan Order is placed on the application.
7.3. Payment refusal
If the bank refuses to debit a bank card, the Customer must contact ESIMWARE Support Service in order to pay for the Order by any other valid and accepted payment method.
In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the money flow owed by the Customer proves impossible, the Order would be canceled and automatically terminated.

Proof and archiving

Any contract concluded with a consumer corresponding to an amount greater than 120 euros including all taxes will be archived by ESIMWARE for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.
Thus, ESIMWARE agrees to archive this information in order to ensure tracking of transactions and to produce a copy of the contract upon request from the Customer.
In case of dispute, ESIMWARE will have the possibility to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Legal guarantees

Apart from any commercial guarantees that ESIMWARE might offer, every Customer benefits from the legal guarantees detailed in Appendix 1 hereof.

Updates

For the purposes of this article, "Updates" means any update or modification aimed at maintaining, adapting or developing the Plans offered, including security updates, whether or not these updates are necessary to maintain the conformity of the digital content or service, that is to say the conformity of the ordered Plans.
10.1. Updates necessary to maintain conformity of Plans
ESIMWARE undertakes to inform the Customer of Updates necessary to maintain the conformity of Plans and to ensure that they receive them during the period that the Customer can legitimately expect, given the type and purpose of the product and taking into account the circumstances and nature of these T&Cs, in the case of a one-time supply operation or a series of separate supply operations.
ESIMWARE will specify to the Customer, for each necessary Update, the availability of the Update, the procedures for its installation and the consequences in case of failure to install by the Customer.
ESIMWARE cannot be held responsible for lack of conformity caused by the absence of installation or incorrect installation of the Update by the Customer, unless this failure to install results from a failure by ESIMWARE to provide the above information or significant shortcomings in the installation instructions.
10.2. Updates not necessary to maintain conformity of Plans
The Customer is informed that ESIMWARE undertakes to inform the Customer of Updates not necessary to maintain the conformity of Plans and allowing, for example, the improvement or modification of Plans or adaptation to technical developments.
These Updates as well as the date of their entry into force will be subject to prior information, provided in a clear and comprehensible manner, reasonably in advance and by email.
It is specified that non-necessary Updates are carried out at no additional cost to the Customer.
Any Customer may refuse the non-necessary Update in question or, where applicable, uninstall it later if it has a negative impact on their access to the Plans, or the use thereof.
Unless the Update has only a minor impact for the Customer or ESIMWARE allows them to keep the Plans without the non-necessary Update and provided that the Plans remain in conformity, within the meaning of Appendix 1 of the T&Cs, the Customer may terminate these T&Cs automatically and at no cost to them. However, the Customer must proceed with this termination within a maximum period of thirty (30) days.
The termination of the T&Cs ends the Customer's access to the Plans concerned.

Liability

ESIMWARE undertakes to make every effort to enable the Customer to use ESIMWARE in the chosen destination country. The Customer is expressly informed that for the delivery of Plans, ESIMWARE relies on local telecommunications operators in the destination location chosen by the Customer. In this respect, ESIMWARE ensures the activation of a telecommunications Plan with a local operator but cannot guarantee the quality of the connection in all destination countries available on the Platform since this availability is dependent on said operators and not on ESIMWARE. ESIMWARE's role is limited to providing access to the services offered by local operators in order to be able to use the Plans ordered on the Platform.
ESIMWARE does not guarantee the conditions of network availability in the destination country chosen by the Customer.
ESIMWARE's liability cannot in any case be engaged in case of non-performance or poor performance of contractual obligations attributable to the Customer, particularly when entering their Order.
ESIMWARE's liability cannot be engaged in case of an error made by the Customer when configuring their device settings and particularly when these errors give rise to additional roaming charges with another internet access provider other than ESIMWARE.
The Customer accepts that the Plan not be used to carry out a fraudulent operation. The Customer undertakes not to misuse the services from their purpose, not to commit fraud and more generally not to harm public order and to comply with laws and regulations in force. In case of abnormal use of the Plan or illegal exploitation of the Plan, the Customer is then solely responsible for the damages and consequences of actions that could result. In this case, ESIMWARE could be required to suspend the use of the Plan and initiate any procedure aimed at repairing the damage suffered.
It is also reminded that ESIMWARE cannot be held responsible if the Customer's device is not eSIM compatible.
ESIMWARE cannot be held responsible, or considered to have failed under these provisions, for any delay or non-performance of one of its obligations described in these T&Cs, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of French courts and tribunals.
It is further specified that ESIMWARE does not control websites that are directly or indirectly linked to the Platform. Consequently, it excludes all liability with respect to information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is provided as to their content.

Force majeure

ESIMWARE's liability cannot be engaged if the non-performance or delay in the performance of one of its obligations described in these T&Cs results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the conclusion of the T&Cs and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay would justify the termination of the T&Cs. If the impediment is permanent, the T&Cs are terminated automatically and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of an event having the characteristics of force majeure, ESIMWARE will endeavor to inform the Customer as soon as possible.

Personal data

Any consumer has the possibility to register free of charge on the BLOCTEL telephone canvassing opposition list https://www.bloctel.gouv.fr/
In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telephone canvassing and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the telephone canvassing opposition list when it concerns solicitations occurring in the context of the execution of a current contract and related to the subject matter of said contract, including when it concerns offering the consumer products or services related to or complementary to the subject matter of the current contract or of a nature to improve its performance or quality.
The Customer is invited to consult ESIMWARE's Privacy Policy accessible here which will provide them with more detailed information regarding the protection of personal data, the processing carried out by ESIMWARE and the procedures for exercising rights.

Customer service - Complaints

Any written complaint from the Customer must be sent by:

Email to the address info@esimware.com
Mail to the following address: LETSHOWTODO SARL 12 RUE YVES TOUDIC 75010 PARIS

Validity of the T&Cs

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these T&Cs cannot affect the validity of these T&Cs. Such a modification or decision does not in any case authorize Customers to disregard these T&Cs.

Modification of the T&Cs

These T&Cs apply to all Customers, for all Orders placed on the esimware application.
The T&Cs are precisely dated and may be modified and updated by ESIMWARE at any time. The applicable T&Cs are those in force at the time of the Order.
Modifications made to the T&Cs will not apply to Plans already purchased.

General provisions

The fact that one of the Parties has not required the application of any clause of these T&Cs, whether permanently or temporarily, can in no case be considered as a waiver of said clause.
In case of difficulty of interpretation between any of the titles appearing at the head of clauses, and any of them, the titles shall be declared non-existent.

Jurisdiction and applicable law

THESE T&Cs AS WELL AS THE RELATIONSHIPS BETWEEN THE CUSTOMER AND ESIMWARE ARE GOVERNED BY FRENCH LAW.
IN CASE OF DISPUTE, ONLY FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to an arbitrator or state judge, the Customer is invited to contact ESIMWARE's complaints service.
If no agreement is reached or if the Customer proves having attempted, beforehand, to resolve their dispute directly with ESIMWARE through a written complaint, a voluntary mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including regarding its validity.
In application of article L.616-1 of the Consumer Code, ESIMWARE also communicates to the consumer the contact details of the consumer mediator under whose jurisdiction it falls.
Any consumer also has the possibility to use the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgment of receipt indicating the elements of the conflict.
Mediation not being mandatory, each Party may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT COULD HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.