1.   Introduction

Regarding the Services choftha Music SARL (“choftha”, “we”, “us” or “our”) is the controller within the meaning of the General Data Protection Regulation (“GDPR”).

We value your privacy and we are committed to protecting your personal data as more specifically defined in the Regulation (“Information”). In our processing of your personal data, we aim to maintain consistently high levels of best practice and adhere to the regulations.

This Privacy Policy (“Policy”) explains how we collect, use and disclose your Information. This Policy is intended to assist you in making informed decisions about your Information when using our App or our website.

The Online Services may contain hyperlinks to services owned and operated by third parties. These third-party services may have their own privacy policies and we recommend that you review them. They will govern the use of personal information that you submit or which is collected by cookies and other tracking technologies whilst using these services. We do not accept any responsibility or liability for the privacy practices of such third-party services and your use of these is at your own risk.

Our terms of use prohibit users aged under 13 years from accessing our Online Services. In the event that we learn that we have collected personal information from a child under 13 years of age we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age please contact us at team@choftha.com.

If we change our Policy and/or procedures, we will post those changes on our website to keep you aware of what personal data we collect, how we use it and under what circumstances we may disclose it. We encourage you to review this Policy regularly.

In addition to this Policy, each service offered by us or our group companies may have additional privacy provisions that are specific to the particular service. These supplemental disclosures are made adjacent to the particular service at the time your Information is collected.

2.   Information collected

When you use our App and Online Services you may provide us with or we may collect your Information.

• Information you voluntarily provide to us

• We collect and maintain Information that you voluntarily submit to us during any registration and/or use of our Online Services. For example:

• when you register for an account, you may provide us with certain Information including your name, email address, username, password, date of birth, region and demographic information (“Basic Information”);

• when you purchase tickets, you may provide us with certain information including your address and payment information (“Payment Information”); and

• if you sign up and consent to receive direct marketing communications such as a newsletter or to enter a competition, you may provide us with contact information (e.g. email, telephone and/or physical address) (“Contact Information”).

You can choose not to provide us with certain Information, but this may prevent you from gaining access to a service or limit the features that you can use on the Online Services. For more information, please see the “How We Use Your Information” section of the Policy below and the consumer controls and Opt out section.

2.1  Information we collect through your use of our services

Content created by our users which we host and display on the Forums (“User Content”)

When you submit your own User Content to the Community Chat Room, this content may contain personal and non-personal information. This could include information in or about the User Content, such as the location of a photo or personal preferences, or anything else you decide to communicate using these parts of our Online Services.

• Information collected for the purposes of providing analytics (“Analytics”)

We may collect technical information about your use of the Online Services through the use of tracking technologies and analytics. Personal data we may collect includes the following:

• your Device ID;

• your user ID

• your device operating system & version;

• your device make and model;

• purchase transaction types and spend you have made;

• the country of your Device ID;

• the time, date and install source of your first download of an App (e.g. from a clicked advertisement);

• advertisements viewed and clicked; and

• identification of crashes and defects.

We may use third party analytics providers to assist with analytics.

2.3  Information about you collected from third parties (“Third Party Log In Information”)

When you access the Online Services via a third party social media provider such as Facebook, we may collect and store personal and non-personal information which is available on that third party social media provider, such as your Facebook name, your profile picture or its URL, your Facebook ID and other public data of your friends, provided that you have expressly agreed to the use of Facebook cookies within the Apps. We will also receive technical data in order to ensure the Apps connect to the correct Facebook account.

2.4  Information used for the purposes of serving advertisements (“Advertising Data”)

We may gather information about you when you use our App and our Online Services, depending on the permissions you’ve granted. This may include:

• the make, model and operating system of your device;

• properties of your device, such as screen size and orientation, audio volume and battery;

• the mobile network operator linked to your device;

• the Apps downloaded;

• the country, time zone and locale settings on your device (i.e. country and preferred language);

• network connection type and speed;

• IP Address;

• internet browser used to access the Online Services; and

• the advertiser ID, which is an identifier unique to you if you use an Apple or Android device, but which doesn’t reveal your name.

3.   How we use your information

 We will use your Information in the ways described below and as described at the time that the Information is collected.

3.1  To Provide the Online Services

We will use information about you (including Basic Information, Analytics and User Content) for delivering our Online Services to you under the terms of use agreed between us. The processing of information in this way is necessary for us to deliver the features promised (including the Artist and Promoter features) and function properly, so that you have the best experience when using our Online Services.

3.2 To provide the ticketing services and sell merchandise

We will use information about you (Payment Information and Basic Information) to provide the ticketing services and to fulfil orders for tickets and merchandise sales. When you make a purchase on the Online Services and provide your consent your financial or personal information is provided to those third parties necessary to process your transactions with us, such as credit card companies, banks and the companies that handle shipping on our behalf. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. All our services’ financial transactions are handled through our payment services providers Braintree and Worldpay, who will have access to your payment information.

3.2  To help us improve the Online Services and fix any problems

We may process information about you (including Basic Information, User Content and Analytics) so that we can analyse and improve our Apps and Online Services. This processing is also necessary for us to pursue our legitimate interests of (i) ensuring that our Online Services function properly so that you and other users have the best experience when using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; (iii) identifying and correcting any bugs in the Online Services and iv) understanding the effectiveness of our marketing to attract new users and re-engage our current users.

3.3  To respond to your enquiries and requests for support and to enable you to use the Forums

We may process Contact Information so that we are able to properly respond to your enquiries via the App or through team@choftha.com and so you are able to use the Forums, in accordance with the terms of use agreed between us and with applicable laws.

3.4  To acquire new users and engage current users

We may process information (including some Advertising Data and Analytics) to encourage engagement from users and to notify them of promotions on offer. We may also process this information to pursue our legitimate interests of acquiring new users for our Online Services. We use various forms of marketing to acquire new users. The information we collect about you may be used to improve the relevancy of our marketing. This allows us to offer more relevant marketing to potential new service users without using information that personally identifies you.

3.5  For advertising purposes

We may process Advertising Data to show you advertisements for products or services provided via Our Services based on your previous purchases with us. The information we collect about you may be used to understand how advertisements placed have performed or how many people have viewed certain advertisements. We aggregate this information so that it does not personally identify you or permit you to be treated individually. This processing is necessary for us to pursue our legitimate interest of providing you with adverts that are relevant an interesting to you.

If you would like to find out more about the way they collect and process your information please refer to their respective privacy policies and/or terms and conditions.

3.6  To prevent fraud and illegal activity

We process personal data for our legitimate interests of ensuring that any use of the Online Services is lawful and non-fraudulent, does not disrupt the operation of our services, does not harass our staff or other individuals, to enforce our legal rights and to comply with our legal obligations.

Where we reasonably believe that you are or may be in breach of any applicable laws or our terms of use, we may use your personal information to inform relevant third parties such as your law enforcement agencies about the content.

We reserve the right to disclose your identity to any third party who is claiming that any User Content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. You may not copy, download, or embed any User Content without the express written permission of the content owner. You may not use any User Content for any commercial purposes, or any public performances.

3.7  Your enquiries

If you contact us about our services, the forms you complete or the emails you send may include information about you, such as your name as the contact point for an organisation, your email address, the organisation’s address and your enquiry. We use this information to respond to your enquiries.

• In line with the legitimate interest we have in promoting our business, we will process your enquiries to provide you with information about the services we offer.

• This might include replying to your enquiry, or sending you our newsletter if you ask to be added to our mailing list.

• We may also process enquiries to take steps you ask of us with a view to entering into an agreement to provide you with our services.

You are under no obligation to provide us with any details, but if you don’t provide all relevant information, we may not be able to help.

3.8  Newsletter

If you ask to be added to our mailing list, we will keep you updated with information on news, our work, our services, our products, events and awards by email unless you would like to be removed from that list (in which case please let us know by writing by clicking unsubscribe at the bottom of each Newsletter).

4.   What rights do I have in respect of the information you have?

You have the following rights over the way we process personal data relating to you, as set out below. We aim to comply without undue delay, and within one month at the latest.

To make a request, please let us know by sending an email to team@choftha.com.

4.1  Ask for a copy of data we are processing about you and have inaccuracies corrected

You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected. We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).

4.2  Object to us processing data about you

You can ask us to restrict, stop processing, or to delete your personal data if:

• you consented to our processing the personal data, and have withdrawn that consent;

• we no longer need to process that personal data for the reason it was collected;

• we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest choftha or a third party, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;

• the personal data was unlawfully processed;

• you need the personal data to be deleted in order to comply with legal obligations;

• the personal data is processed in relation to the offer of a service to a child.

4.4 Make a complaint to a Supervisory Authority

If you are unhappy with the way we are processing your personal data, please let us know by contacting us at email team@choftha.com.

If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.

5.   How we disclose your information to third parties

We may share your Information with third parties as specifically approved by you or under the circumstances described below.

5.1  Group members, personnel, suppliers or subcontractor

We keep your information confidential, but may disclose it to any member of our group, our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.

5.2  Merger or acquisition

If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via, a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

5.3  Required by law

In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

5.4  Enforcement

We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of choftha, our customers, or others.

5.5  Promotions

Some or all of the Personal Information collected during a promotion, contest or poll (“Promotions”) may be disclosed publicly in accordance with the applicable promotion terms. It may also be shared with other third parties as disclosed and consented to by you at the time of collection or in the Promotion rules. These third parties may include providers of prizes in order to update you of your status of your prize or other fulfilment needs or a co-sponsor who may use your Information to administer the Promotion or for their marketing purposes, but only in conformance with your consent. We are not responsible for their privacy policy or practices. When you participate in a Promotion, you are subject to any official rules for that Promotion,

which may contain additional information about the specific privacy practices associated with the Promotion.

5.6  Messaging

We may make comments, messages, and other interactive forums available on our App. You should be aware that any Personal Information which you post to these interactive forums or otherwise choose to make publicly available, may be disclosed and available to all users who have access to that portion of our App. By using these interactive forums, you agree that we are not responsible for any Information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.

5.7  choftha Tickets

choftha sells tickets for events on behalf of venues or promoters. We refer to the venue or promoter from whom we obtain tickets to sell to you as our “Event Partner”. When you buy a ticket from choftha your personal information is shared between choftha and its Event Partner for the particular event for which you are buying tickets to enable your attendance at the event. Your personal information is used by choftha to contact you by post, phone or by email, when necessary, in connection with ticket purchases and other transactions

6.   where we store your information

The Information that we collect from you may be transferred to and stored at a destination outside the European Economic Area including Tunisia. Your Information may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting Information to us, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Information is treated securely and in accordance with this Policy and the Regulation.

Where we transfer your data outside of the EEA, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your personal data. If you would like to find out more about these safeguards, please let us know by writing to team@choftha.com

7.   Security of your information

We follow appropriate security procedures in the storage and disclosure of your Information so as to prevent unauthorised access by third parties. We also require those parties to whom we transfer personal information to comply with the same. However, unfortunately, the transmission of information via the Internet is not completely secure. So, we cannot ensure the security of your Information transmitted by you to us via the internet. Any such transmission is at your own risk and you acknowledge and agree that we shall not be responsible for any unauthorized use, distribution, damage or destruction of your Information, except to the extent we are required to accept such responsibility by the Regulation. Once we have received your Information, we will use security procedures and features to prevent unauthorized access to it. We will take all reasonable technical and organizational precautions to prevent the loss misuse or alteration of your Information. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

8.   Consumer Controls

If you do not wish to be receive notifications from us or be served with advertisements you can change your settings. You can withdraw your consent at any time by contacting us at team@choftha.com or by deleting the App.

9.   How to contact us

If you have any questions regarding your privacy or this Policy, you may contact us as follows:

choftha Music SARL

14 Rue lilas

Ain Zaghouen

Tunis, Tunisia