Terms & Conditions

ARTICLE 1: PREAMBLE

This privacy policy aims to inform users of Smoov:

• About the way their personal data is collected. Personal data is considered any information that can identify a user. This may include: their first and last names, postal or email address, location, or IP address (non-exhaustive list);
• About the rights they have concerning this data;
• About the person responsible for processing the collected and processed personal data;
• About the recipients of this personal data;

This Policy describes how we handle your personal data at Smoov. It applies to your use of:

• All Smoov services as a user. Examples:
• Your use of Smoov on any device,
• Personalising your user experience,
• The infrastructure required to provide our services,
• Connecting your Smoov account with another application
• Our free or paid streaming options

From time to time, we develop and offer new or additional services. These will also be subject to this Policy unless otherwise stated at their launch.

This policy complements the legal notices and the General Terms of Use available to users at the following address: https://smoov-app.com/terms-conditions.html

ARTICLE 2: PRINCIPLES RELATING TO THE COLLECTION AND PROCESSING OF PERSONAL DATA

Personal data is:

• Processed in a lawful, fair, and transparent manner concerning the data subject;
• Collected for specified, explicit, and legitimate purposes (see Article 3.1 of this policy), and not further processed in a manner incompatible with those purposes;
• Adequate, relevant, and limited to what is necessary concerning the purposes for which they are processed;
• Accurate and, where necessary, kept up to date. All reasonable measures must be taken to ensure that personal data that is inaccurate, considering the purposes for which they are processed, are erased or rectified without delay;
• Kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
• Processed in a way that ensures appropriate security of the personal data collected, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

Processing is only lawful if, and to the extent that, at least one of the following applies:

• The data subject has consented to the processing of their personal data for one or more specific purposes;
• Processing is necessary for compliance with a legal obligation to which the controller is subject;
• Processing is necessary to protect the vital interests of the data subject or another natural person;
• Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, particularly when the data subject is a child.

ARTICLE 3: PERSONAL DATA COLLECTED AND PROCESSED IN THE CONTEXT OF BROWSING ON SMOOV

Article 3.1: Data Collected

3.1.1 Categories of Data

The personal data collected in the course of our activities include:

• User data: The personal data we need to create your Smoov account and which allow you to use the Smoov Service:
• The type of data collected and used depends on the type of Service Option you have.
• It also depends on how you create your account, the country you are in, and whether you use third-party services to connect. This may include:
• Your profile name;
• Your profile picture;
• Your email address;
• Your date of birth;
• Your postal address (for more details, see below);
• Your country.
• We obtain some of this data from you, for example, from the registration form or account page.
• We also collect some of this data from your device, such as your country or region.
• We may collect your user data through authentication partners: If you sign up or log in to the Smoov Service through another service, it will communicate your information to us. This information will help us create your account in our system.
• If you connect your Smoov account to a third-party application, service, or device, we may collect and use certain information through them. This collection of information will enable integration.
• Examples include:
• Social networks
• Certain devices (e.g., speakers and headphones, connected watches, televisions, mobile phones and tablets, automobiles like cars).
• We will ask for your permission before collecting your information from certain third parties.
• Postal address data:
• We may ask for and process your postal address for the following reasons:
• To verify your eligibility for a Service Option
• To send legally required notices
• To offer support options
• For billing and tax administration
• In some cases, we may use a third-party application to help validate your address, such as Google Maps.
• Usage data: The personal data collected and processed about you when you access or use the Smoov Service. This includes several types of information, listed as follows:
• Information about your use of Smoov:
• Information about your Smoov Service Option
• Your interactions with the Smoov Service (including the date and time), such as searches, options, filters, and viewing scope chosen, the profile, purchase history, favorites, account settings, interactions with other Smoov users, your use of third-party services, devices, and applications in connection with the Smoov Service.
• Conclusions (i.e., our understanding) about your interests and preferences based on your use of the Smoov Service.
• Your technical data, including information about the devices you use, such as device identifiers, the type of network connection (e.g., Wi-Fi, 4G, LTE, Bluetooth), the provider, network and device performance, the type of browser, the language, information enabling digital rights management, and the operating system.
• Your location: includes your country, region, or state. We may determine it from technical data (e.g., your device's language settings, cultural sites searched) or from the currency of your payments. It is necessary for us to comply with the geographical requirements of our agreements with content owners on the Smoov Service, offer relevant content for you, and offer cultural sites within the scope you choose.
• Your device's sensor data: Device sensor data generated by movement or orientation, if necessary, to provide the Smoov Service features that require this data. This is data that your device collects about how you move or hold your device.
• Payment and purchase data: If you choose to pay through third parties (e.g., telecommunications providers) or on invoice, we may obtain data from our payment partners. We can thus send you invoices, process your payment, and provide you with what you have purchased.
• If we put you in contact with a seller, they will provide us with data related to your purchase. For example, we may direct you to an artist's merchandise shop on a third-party platform or to a third-party ticketing website.
• These data allow us to calculate the commissions due to us, analyze the effectiveness of our partnership with these seller partners, and understand your interests.
• If you download the Smoov mobile app and test Smoov using a user experience without an account, we collect limited information about your use of the Smoov Service, including Usage Data. We do this to understand how you access and use the Service. This approach also allows us to ensure that we offer you the right experience, for example, based on your country or region. If you decide to create a Smoov account to fully enjoy our service, we will combine this data with your Smoov account data.

3.1.2 Purposes of Processing

The collection and processing of this data serve the following purpose(s):

• To provide the Smoov Service in accordance with the contract concluded with you. For example, when we use your personal data to set up an account for you, personalize your account, or provide the Smoov app when you download it to your device.
• To provide other parts of the Smoov Service based on legitimate interest. For example, when we use your personal data to allow you to share a link to Smoov content with someone else.
• To provide certain additional intentional features of the Smoov Service. In this case, we will clearly ask for your consent.
• To diagnose and resolve issues with the Smoov Service.
• To assess and develop new features, technologies, and improvements to the Smoov Service. For example, we use personal data to develop and improve our personalized recommendation algorithms. We analyze how our users react to a new specific feature and see if we need to make changes.
• For marketing, promotion, and advertising purposes when the law requires us to collect your consent. For example, when we use cookies to understand your interests or when the law requires consent for email marketing.
• For other marketing, promotion, and advertising purposes for which the law does not require consent. For example, when we use your personal data to personalize advertising based on your interests.
• To comply with a legal obligation to which we are subject. This may involve an obligation under the law of the region or country in which you are located; Tunisian law (our headquarters being located in Tunisia). For example, when we use your date of birth to confirm your age, if applicable.
• To comply with a request from law enforcement, courts, or other competent authorities.
• To comply with contractual obligations with third parties. For example, when we provide pseudonymized data on the travel habits of our users because we have concluded an agreement with a Smoov rights holder to that effect.
• To take appropriate action regarding reports (intellectual property infringement and inappropriate content).
• To establish, exercise, or defend rights. For example, if we are involved in a dispute and need to provide information to our lawyers about the case.
• To carry out business planning, for reporting and forecasting purposes. For example, when we review aggregated user data such as the number of new registrations in a country to plan the launch of our products and features in new regions.
• To process your payment. For example, when we use your personal data to enable you to purchase a Smoov subscription.
• To secure the Smoov Service, and to detect and prevent fraud. For example, when we analyze Usage Data to detect any fraudulent use of the Smoov Service.
• To conduct studies and surveys. For example, when we contact our users to ask for their feedback.

In jurisdictions where legitimate interest is not recognized as a legal basis, we rely on contractual necessity or consent.

Article 3.2: Sharing Data

We will only share the following personal data with the specified recipients:

• When you have chosen to use a feature of the Smoov Service, an application, a service, or a third-party device, and we need to share certain personal data to authorize you; or
• If you otherwise authorize us to share the personal data, for example by selecting the appropriate setting in the Smoov Service or by giving your consent.

Below are the people to whom we communicate the information and why:

• Service providers: So that they can provide their services to Smoov. These service providers include those we call upon to:
  • Provide customer service;
  • Manage the technical infrastructure we need to provide the Smoov Service;
  • Help protect and secure our systems and services;
  • Help market Smoov's services, events, and promotions (and those of our partners).
• Payment partners: So that they can process your payments and combat fraud.
• Advertising partners: So that they can help us offer you more relevant ads on the Smoov Service and measure the effectiveness of the ads. For example, our advertising partners help us create personalized ads.
• Marketing partners: To promote Smoov with our partners. We share certain User Data and Usage Data with these partners when necessary to:
  • Allow you to participate in Smoov promotions, including trials or other bundled offers;
  • Promote Smoov in the media and ads shown on other online services;
  • Help us and our partners measure the effectiveness of Smoov promotions.

  Here are some examples of partners:

  • Marketing or sponsorship partners
  • Websites and mobile apps that sell us advertising space on their services
  • Devices, apps, and mobile partners that also offer Smoov promotions

  Our partners may also combine the personal data we share with them with other data they collect about you, such as your use of their services. Our partners and we may use this information to present you with offers, promotions, or other marketing activities that we believe, according to us, are relevant.

• Law enforcement authorities and other authorities, or other parties to a dispute: When we believe in good faith that it is necessary to:
  • Comply with a legal obligation;
  • Respond to a valid legal process (such as a search warrant, court order, or subpoena);
  • In our own or a third party's interest, in connection with:
    • National security;
    • Law enforcement;
    • Litigation (legal proceedings);
    • Criminal investigations;
    • The protection of a person;
    • The prevention of imminent death or physical harm.
• Buyers of our business: If we were to sell or negotiate the sale of our business to a buyer or potential buyer. In this case, we may transfer your personal data to a successor or an affiliated company as part of that transaction.

Article 3.3: Data Retention

We only retain your personal data for as long as necessary to provide you with the Smoov Service, and for legitimate and essential commercial purposes of Smoov, such as:

• Maintaining the performance of the Smoov Service;
• Making data-driven decisions for new features and offers;
• Complying with our legal obligations;
• Resolving disputes.

Here are some of our categories of retention periods, and the criteria we use to determine them:

• Data retained until you delete it: You have the right to request the deletion of some of your personal data. You can also delete some personal data directly from the Smoov Service.
• Data that expires after a specific period: We have set retention periods so that certain data expires after a specific period. For example, personal data you enter in searches is generally deleted after 90 days.
• Data retained until you delete your Smoov account: We retain certain data until your Smoov account is deleted.
• Data retained for long periods for limited purposes: After your account is deleted, we retain certain data for a longer period, but for very limited purposes.
• A legal or contractual obligation may require us to do so.
• We may also retain data that has been deleted from the Smoov Service for a period to ensure user safety and protect against harmful content on our platform.
• They are retained by the data controller under reasonable security conditions, for a duration of 3 years.

The company Value Digital Services may retain certain personal data beyond the announced deadlines in order to fulfill its legal or regulatory obligations.

Article 3.4: Data Transfer

Smoov shares personal data with subcontractors and partners to provide you with the Smoov Service. They may process your data in countries whose data protection laws are not considered as strict as those of the EU or those that apply in your country of residence. Whenever we transfer personal data internationally, we use tools to:

• Ensure that the data transfer complies with applicable law;
• Allow us to guarantee the same level of protection for your data as within the EU.

To ensure that each data transfer complies with applicable European legislation, we use the following legal mechanisms:

• Standard contractual clauses ("SCCs"): These clauses require the other party to protect your data and provide you with protections and rights equivalent to those in the EU.

We also identify and use additional protections, such as technical protections, policies, and processes to challenge disproportionate or unlawful requests from government authorities.

Article 3.5: Data Hosting

Smoov is hosted by:

Value Digital Services, Sarl Headquarters is located at Tours des bureaux _Centre Urbain Nord E03 App 3 1082 Tunis Registre De Commerce B01265762018 – Matricule Fiscal 1618500D A M 000

Contact: +216 31 312 100

ARTICLE 4: DATA CONTROLLER AND DATA PROTECTION OFFICER

Article 4.1: The data controller

Personal data is collected by Value Digital Services, Sarl.

• Headquarters is located at Tours des bureaux, Centre Urbain Nord E03 App 3, 1082 Tunis.
• Registre De Commerce: B01265762018
• Matricule Fiscal: 1618500D A M 000
• Capital: 2,000,000 DT
• Registration Number: B01265762018

The data controller can be contacted in the following ways:

• By mail: Tours des bureaux, Centre Urbain Nord E03 App 3, 1082 Tunis
• By phone: +216 31 312 100
• By email: elyes.benrayana@value.com.tn

ARTICLE 5: USER RIGHTS IN DATA COLLECTION AND PROCESSING

Every user affected by the processing of their personal data has the following rights:

• Right to Information: This is the right to be informed about the personal data we process about you and how we process it. We inform you:
  • Through this Privacy Policy;
  • Through information provided to you during your use of the Smoov Service;
  • By responding to your specific questions and requests when you contact us.
• Right of Access: This is the right to request access to the personal data we process about you. To request a copy of your personal data from Smoov, you can:
  • Use the data download tool in the Privacy Settings of your account, or
  • Contact us.
• Right to Rectification: This is the right to ask us to modify or update your personal data when it is inaccurate or incomplete. You can change your user data in the "Edit Profile" section of your account or by contacting us.
• Right to Erasure: This is the right to request the deletion of some of your personal data. For example, you can ask us to delete personal data:
  • That we no longer need for the purposes for which we collected it;
  • That we process on the legal basis of consent, and for which you withdraw your consent;
  • When you express your objection (see the "Objection" section below) and your objection is justified; or
  • If you object to direct marketing.

  In some cases, Smoov may be unable to delete your data, for example:

  • When it is still necessary for us to process these data for the purposes for which we collected them;
  • When Smoov's interest in using these data outweighs your interest in having them deleted. For instance, if we need these data to protect our services against fraud;
  • If Smoov is legally required to retain the data; or
  • If Smoov needs these data to establish, exercise, or defend legal claims. For example, in case of unresolved issues related to your account.

  There are several ways to delete personal data from Smoov:

  • To delete audio content from your profile, select the relevant content and choose to delete it.
  • To request the deletion of your other personal data from Smoov, follow the steps indicated on our help page. This information includes your User Data, Usage Data, and other data mentioned in Article 3.1 "Data Collected".
  • You can also contact us to request deletion.
• Right to Data Portability: This is the right to request a copy of your personal data in electronic format and to transmit these personal data for use by a third-party service.
• Right to Restriction: This is the right to ask us to stop processing all or part of your personal data. You can do this if:
  • Your personal data are inaccurate;
  • Our processing of your data is unlawful;
  • We no longer need your information for specific purposes; or
  • You object to the processing of your data, and we are assessing your objection request. Refer to the "Objection" section below.
• Right to Object: This is the right to object to the processing of your personal data.
• Right not to be subject to a decision based solely on automated processing: This is the right not to be subject to a decision based solely on automated decision-making (decisions not involving human beings).
• Right to determine the fate of data after death: This right concerns your ability to influence your data's handling post-mortem.
• Right to Withdraw Consent: This is the right to withdraw your consent for the collection or use of your personal data.
• Right to Lodge a Complaint with a Supervisory Authority: This is the right to contact the Tunisian Data Protection Authority or your local data protection authority for any questions or concerns.

To exercise your rights, please send your correspondence to Value Digital Services, Sarl whose headquarters is located at Tours des bureaux, Centre Urbain Nord E03 App 3, 1082 Tunis Registre De Commerce B01265762018 – Matricule Fiscal 1618500D A M 000.

To enable the data controller to comply with your request, the user may be required to provide certain information such as their first and last names, email address, and account number, personal space, or subscriber number.

ARTICLE 6: PROTECTION OF PERSONAL DATA

We are committed to protecting the personal data of our users. We have implemented appropriate technical and organisational measures to ensure the security of your personal data. However, please remember that no system is completely secure.

We have put in place various protective measures to combat unauthorised access and unnecessary retention of personal data in our systems. These include policies on pseudonymisation, encryption, access, and retention.

To protect your user account, we encourage you to:

• Create a strong password that you use only for your Smoov account;
• Never share your password with anyone;
• Limit access to your phone and browser;
• Log out once you have finished using the Smoov Service on a shared device;
• Learn more about protecting your account.

If other people have access to your Smoov account, they may access the personal data, controls, and Smoov Service available on your account. For example, you may have allowed someone to use your account on a shared device.

Only authorise the use of your account to people with whom sharing personal data does not pose a problem for you. The use of your Smoov account by a third party can affect your personalised recommendations and be included in your data download.

ARTICLE 7: CONDITIONS FOR MODIFYING THE PRIVACY POLICY

The publisher of Smoov reserves the right to modify this Policy at any time to ensure compliance with current law for Smoov users.

Any modifications will not affect purchases previously made on Smoov, which remain subject to the Policy in force at the time of purchase and as accepted by the user at the time of purchase validation.

Users are invited to review this Policy each time they use our services, without the need for formal notification.

This policy was issued on 21 October 2024.