Terms of Service and Privacy Policy

1 - Preamble

Access to the Pinaplay service platform (the "Platform") and the use of its content are governed by these Terms of Service (ToS).

The following parties are concerned:

• Users: any person who has created an account on the Platform accessible at https://www.pinaplay.io
• Clients: any person who has subscribed to a plan on the Platform.

By accessing and browsing the Platform, Users and Clients accept these ToS without reservation. Anyone who does not accept these ToS must refrain from consulting and/or using the Platform in any way. It is noted that the Platform is intended for professionals.

The Platform and its components (photographs, editorial texts, site maps and classifications, databases, illustrations, diagrams, drawings, logos, software, as well as the SO-BUZZ trademarks and brands) are the exclusive property of SO-BUZZ, which holds all related intellectual property rights. These creations are protected by intellectual property law and any infringement is subject to civil and criminal sanctions.

The use of all or part of the content of this Platform, whether by downloading, extraction or transfer, reproduction, representation, or broadcasting, is not authorised.

The Platform is made available to Users and Clients for connection to the services offered by SO-BUZZ. The Platform enables professionals to run contests on their social media channels or other digital communication channels.

2.1 - Data Collected

When you use our Platform, you may provide us with information, some of which may directly or indirectly identify you ("Personal Data").

When you are a User and/or Client, this may include:

• Data provided when creating your account: first name, last name, email address, country, company, phone number.
• Data relating to your use of the Platform: browsing data that may identify your device (computer, phone, tablet): your device's IP address, browser type, operating system, internet service provider, website from which you arrived at our Platform, number of pages viewed and time spent on each page of our Platform. These data are used to ensure the proper functioning of the Platform, including its performance and security, and also for audience analysis within the limits set out in this policy.
• Data relating to your exercise of rights requests: information you provide when exercising your data protection rights.

When you are a Client, this may also include:

• Banking data and order history: purchase amount and date, subscription information (if paying by card), payment method and full invoice (if paying by bank transfer).

2.2 - Means of Collection

Your personal data are collected both passively and actively:

• Passive collection: information relating to your use of the Platform is automatically collected when you interact with its features, using cookie technology. Only strictly functional cookies are used on the Platform. However, certain cookies are necessary for the operation and security of the Platform and cannot be refused. For more information, please refer to Section 3 – Cookie Policy.
• Active collection: we collect data directly from you when you provide information via our Platform. If you do not wish your personal data to be processed, please do not provide it. However, if this information is necessary to provide our services and you refuse to provide it, you will not be able to benefit from those services.

2.3 - Purposes and Legal Basis for Processing

Your personal data are collected and processed for the following purposes and on the following legal bases:

• Managing your contact requests: processed on the basis of our legitimate interest in responding to your enquiries.
• Newsletter management: based on your consent. You may withdraw it at any time via the unsubscribe link included in each newsletter.
• Commercial prospecting: based on our legitimate interest in presenting you with offers, as well as your consent. You may withdraw consent at any time via the unsubscribe link in each email.
• Managing your client account and orders: based on the performance of the contract between the Client and SO-BUZZ when a subscription is taken out.
• Measuring and analysing Platform audience: we use your browsing data to measure and analyse the Platform's traffic. This processing is exempt from consent as the data are anonymised.
• Managing your data rights requests: based on our legal obligations under applicable data protection regulations.
• Optimising our Platform: based on our legitimate interest in providing you with a satisfactory and secure browsing experience.

2.4 - Data Retention Periods

Your personal data are retained for as long as necessary to achieve the purposes for which they were collected.

2.5 - Recipients of Personal Data

The personal data we collect are intended for SO-BUZZ's internal departments, each department only processing the data necessary to fulfil its tasks.

The main departments concerned are:

• Marketing department
• Sales department
• Technical department

Your personal information may also be made accessible to our processors, who are bound by contractual obligations of confidentiality and security.

Our processors fall into the following categories:

• Provider responsible for hosting the Platform.
• Provider in charge of sending digital communications (newsletters, email campaigns, etc.).
• Platform audience analytics services.
• Advertising performance analytics services.

When you accept cookies and depending on your preferences expressed on our Platform, your data may also be shared with third-party companies that set those cookies, some of which may be located outside the European Union or the European Economic Area.

When your data are transferred outside the European Economic Area to countries not subject to an adequacy decision by the European Commission, SO-BUZZ commits to securing such transfers through appropriate safeguards, such as standard contractual clauses approved by the European Commission.

Current processors and partners of SO-BUZZ:

2.6 - Security Measures

We are committed to ensuring the security of the data you entrust to us. In order to prevent any unauthorised access, use, modification, destruction, loss, damage, or disclosure, and to protect collected data, appropriate technical and organisational measures are implemented. The personal data we collect are stored in a secure environment.

We also verify that our processors provide sufficient guarantees regarding security and confidentiality.

Furthermore, if we identify a personal data breach under our responsibility that presents a high risk to your privacy, we will inform you as soon as possible so that you can take all necessary precautions to limit its consequences (changing your passwords, etc.).

2.7 - Individual Rights and How to Exercise Them

Pursuant to Articles 15 to 22 of the General Data Protection Regulation, subject to meeting the conditions set out in those provisions, you have the right to:

• Access all your personal data;
• Rectify inaccurate, outdated, and/or incomplete data;
• Obtain erasure of your data;
• Obtain portability of your data, where technically possible;
• Request restriction of the processing of your data;
• Object at any time, on grounds relating to your particular situation, to the processing of your data;
• Withdraw your consent to the processing of your data for a specific purpose where such processing was based on consent;
• Issue instructions regarding the fate of your data after your death.

To enable you to exercise these rights, we may ask you to provide proof of identity where there is reasonable doubt as to the identity of the requester. In such cases, the copy of the identity document will not be retained beyond the time necessary for verification.

To exercise your rights, or for any question relating to the processing of your data by SO-BUZZ, you may contact our Data Protection Officer at dpo@so-buzz.com

If you are not satisfied with the response to your request, you may lodge a complaint with the CNIL (French Data Protection Authority) via its website or by post.

2.8 - Amendments to the Privacy Policy

The Platform and our business may evolve, for example following changes in commercial policy or new technological choices. Accordingly, we may amend this Privacy Policy. We reserve the right to update and amend it at any time and without prior notice.

We invite you to consult this policy regularly, and particularly before providing personal data.

Continued use of the Platform after changes to this Privacy Policy are applied constitutes acceptance of the revised Policy as it then applies.

3 - Cookie Policy

SO-BUZZ uses various cookies on its Platform to improve the interactivity of the Platform and its services.

A cookie is a set of text files deposited and/or read, for example, when you visit a website, read an email, or install or use software or a mobile application.

For more information about cookies, how they work, and how to opt out, please visit the CNIL website: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

Cookies set by SO-BUZZ are retained for a period of 13 months. SO-BUZZ sets three categories of cookies:

• Functional cookies: these allow SO-BUZZ to personalise your experience on the Platform.
• Analytical cookies: these allow SO-BUZZ to understand the use and performance of the Platform.
• Advertising cookies: these allow information to be shared with advertisers on other websites to offer Users relevant advertisements aligned with their interests.
• Strictly necessary cookies: these are required for the Platform to function properly. Without them, the User would not be able to use the Platform normally.

The User may at any time choose to disable cookies via their browser settings. In some cases, this may affect access to SO-BUZZ's services or certain features that require cookies.

4 - Platform Usage

Users and Clients of the Platform acknowledge that they have verified that the computer configuration used contains no viruses and is in perfect working order.

They acknowledge having been informed that the Platform is accessible 24 hours a day, 7 days a week, except in cases of force majeure, computer difficulties, difficulties related to telecommunications network structure, or technical issues.

For technical maintenance reasons, SO-BUZZ may interrupt access to its Platform and will endeavour to notify users in advance.

Users and Clients are solely and entirely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the Content they broadcast or publish on the Platform.

5 - Applicable Law and Jurisdiction

These Terms of Service are governed by French law. In the event of difficulties in applying these Terms, the User or Client undertakes, before taking any legal action, to seek an amicable resolution by contacting SO-BUZZ's customer service.

In the absence of an amicable solution within 15 days of the dispute arising, the matter may be brought before the French courts, which have exclusive jurisdiction. The Parties grant exclusive jurisdiction to the commercial court of SO-BUZZ's registered office, notwithstanding multiple defendants or warranty claims.