Privacy

Policy on respect for the right to privacy and personal data

The Publisher attaches great importance to the protection of personal data. It processes the personal data collected when using the Service in accordance with the relevant legal obligations including the law of 01st August 2018 on the protection of natural persons with regard to the processing of personal data transposing European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). Consequently, the Publisher respects the principles of transparency, freedom of choice, rights of access, and the transmission and lawful processing of personal information.

When using the Service, data, in some cases of a personal nature, may be collected. The site also contains links redirecting to sites external to the Publisher. This data protection declaration only applies to the Service and not to third party sites.

A. Collection of personal data
The Publisher wishes to offer Users as much control as possible over their personal data.

By using the Service, the User agrees to the application of this declaration and privacy policy to the personal data processed by the Publisher.

When using the Service, and in particular when creating an account, the User must provide personal data including, in particular:

• Identification and contact data: surname, first name, address and town, e-mail address, telephone number, date of birth, age, gender, etc.
• Financial data: bank account number, name of account holder, etc.
• Login data relating to a user account: (user) name, e-mail address, password, security question and answer, IP address, login times, etc.
• Information about the movies viewed, interests, preferences transmitted through our website, Facebook, etc.
• Complaints, remarks, suggestions, emails sent to the Publisher
• Other data and content exchanged, communicated and shared by the User through the Service or our Facebook page.

B. Processing of personal data

All personal data communicated is considered confidential and is only kept and processed for the purposes of the relationship between the User and the Publisher. Personal data is processed by the Publisher for the following purposes:

• The conclusion and performance of a contract with the User (such as subscription, purchase of a film, creation of a user account, etc.), as well as the invoicing, follow-up and collection of these invoices;
• The improvement and optimisation of the Service, as well as the optimisation of general, commercial and marketing strategies of the Publisher and the Service;
• The occasional sending of newsletters, invoices, notifications of new content, confirmation messages, invitations, or newsletters relating to the Publisher’s activities. For this purpose, the Publisher may group the User’s preferences and interest in a profile;
• Other specific purposes for which a separate authorisation may be requested.

As part of the operation of the Service, information may be transferred in certain circumstances to third parties involved in the use of the Service. When transferring personal information to these third parties, the Publisher shall only transfer the information required to provide the service concerned and shall ensure that this transfer is carried out with the data security required. The Publisher will only transfer personal information to third parties who are committed to protecting personal data and processing it in accordance with the applicable laws.

The Publisher undertakes not to sell or rent personal data.

The Publisher never deliberately collects or processes personal data of minors without the consent of a parent or guardian, which must be given in order to use the Service and then exercise the rights relating to the minor’s data.

If personal data of minors is nevertheless processed in good faith, the Publisher will delete it from its files as soon as possible after notification thereof.

The Publisher undertakes to keep data no longer than necessary for processing.

In addition, the User may unsubscribe from the service’s newsletters at any time by clicking on the unsubscribe link in each of these emails.

C. The User’s rights concerning his personal data

The Publisher ensures the respect of personal data. The User can, at any time, by contacting the User:

• consult and correct personal data processed by the User;
• ask for the deletion or correction of his personal data and restrict its use;
• cancel his authorisation for certain processing of his data and object to its use for direct marketing purposes and the establishment of his profile.

The User also has the right to complain to the regulatory authority.

D. Data security
The security of data on the Service is one of the Publisher’s priorities. The Publisher has therefore endeavoured to ensure the effectiveness of its online security measures. Most of the data traffic on the Service is therefore encrypted. The Publisher strives to continually update its encryption technology as technical advances are made, in order to guarantee the confidential treatment of the information transmitted to it by the User.

9. Cookies

The Publisher uses various technologies for authentication or for simpler, faster and easier navigation on the Service, in particular by measuring its use and efficiency. Cookies are used for this purpose.

Cookies are text files that are downloaded to the User’s device when using the Service.

The term “cookie” refers to a range of technologies, including:

• pixel tags (transparent graphic images placed on a Web page or in an e-mail that indicate that a page or e-mail has been viewed),
• mobile device identifiers, and
• web storage used in desktop or mobile device software.

The term “cookie” refers to all of these technologies.

Cookies serve a number of purposes: for example, to enable the User to navigate quickly from page to page, to store User preferences and generally to improve the User’s experience.

The Publisher may use cookies in the following way:

• Required cookies: these cookies are necessary for the operation of the Service. For example, they make it possible to recognize the type of subscriber and then to provide the appropriate services.
• Performance and/or analysis cookies: the Publisher uses these cookies and other similar technologies to analyse the access to and use and operation of the Service. This information is necessary to manage, operate and continually improve the Service.
• Functional Cookies: These cookies allow the Publisher to operate the Service in accordance with the User’s preferences.
• Targeted advertising cookies: the Publisher uses these cookies and other similar technologies to provide the User with potentially relevant advertisements tailored to the User’s interests and to help measure the effectiveness of advertising campaigns.
• Third party cookies: the Publisher may allow its business partners to use cookies or similar technologies on or off the Service for the purposes identified above, including collecting information about the User’s online activities over time and across different sites, applications and/or devices.

Most browsers are now set by default to automatically accept cookies. However, the User can also limit the use of cookies via a setting in his browser or via the dedicated functionality. The Publisher advises the acceptance of cookies because they allow the User to benefit from a better experience when using the Service.

The User can find more information about cookies at: www.youronlinechoices.eu.

A. Web site traffic analysis

The Publisher uses statistics and evaluation programs developed by Google Analytics for statistical evaluation of access to the Service. The data is anonymised so that it can no longer be attributed to a specific person. The stored information is used exclusively to compile reports on the use of the website. These reports help us to analyse the offers on our web pages and to constantly improve them.

The Publisher uses software to generate and update user profiles. To do so, the Publisher uses cookie technology for tracking purposes on the website. Unknown visitors are registered as anonymous users.

Google Analytics uses cookies to analyse the use of the website. If the User so wishes, he can prevent the storage and processing by Google of the data generated by the cookie about his use of the website (including his IP address) by downloading and installing the browser plug-in via the following link: http://tools.google.com/dlpage/gaoptout.

B. Use of social network plug-ins

The Service contains buttons linking to social networking sites; these buttons, if displayed on the website, do not establish contact with the Facebook and Twitter servers. In order for a connection to be activated, and for communication to be established with Facebook, Gmail, WhatsApp, Twitter, etc., the User must first give his consent by clicking on the buttons.

If the User is already connected to a social network of his choice, this will be done without an additional window opening. As this transfer is made directly, the Publisher does not obtain any information about the data transferred. If the User connects simultaneously to Facebook and another social media service, this information will be assigned to his account and will therefore be linked to him as an individual.

For more information on the use and storage of personal data by Facebook, Google+ and Twitter, it is advisable to contact these social networks directly. It is also possible to block social plug-ins using add-ons for your browser.

C. Changes to the Privacy Policy

The User reserves the right to amend this privacy statement and policy at any time. The applicable version can be consulted at any time on the Publisher’s website.

D. Contact

The person responsible for the processing of personal data for the Publisher is Maxime Lacour. In case of questions or comments regarding the Publisher’s data protection practices, the User may contact the Publisher at: support@sooner.nl.

10. Customer service and technical support

For further information, the Service’s customer service department is available at the following e-mail address: support@sooner.nl.

11. Intellectual Property

The Programmes viewed and/or downloaded by the User are digital files protected by national and international copyright and related rights.

The use of the Programmes is strictly limited to private use within the family circle, which excludes in particular any collective and/or paid public performance and/or broadcasting.

It is also strictly forbidden to edit, lend, exchange, reproduce, duplicate, transmit, distribute, in whole or in part, the Programmes or the computer keys allowing access to them. Any use outside of the Service is strictly prohibited and in particular their resale, exchange, rental or transfer to a third party.

Should the User wish to broadcast Programmes in closed settings (hotels, tourist residences, prisons, health establishments, barracks, bars, cafés, restaurants, shops, trains, planes, etc.) or in “institutional” settings (museums, libraries, media libraries, educational or training establishments, cultural centres, etc.), he must make an express request in writing to the Publisher, specifying the place of broadcasting envisaged and the Programmes desired. This type of distribution will only be authorised in the event of a written, express and unequivocal reply from the Publisher, and prior payment of the fees due.

Any offender is liable to criminal and/or civil penalties.

The Programmes that the User acquires may be controlled by a technical system known as DRM (Digital Rights Management), which is a system for protecting digital files and controlling their use. Its aim is to offer the customer maximum flexibility in the use of downloaded recordings while protecting the holders of the rights to these Programmes.

The User undertakes not to circumvent or interfere with the technical control of the software necessary for the use of the Service, nor to encourage third parties to perform such acts. He is aware that such acts are punishable by law.

The authorisation to use the Service, granted to the User in return for payment, does not confer any material or intellectual property rights, which remain reserved to their authors and rights holders. In particular, the User is not authorized, wholly or in part, to copy, reproduce, translate, extract, modify and/or create any element derived from any element composing the Service.

In addition, all content and more generally all elements (including but not limited to titles, trade names, trademarks, images of all kinds, logos, etc.) accessible on the Site, in particular within the framework of the Service, remain the exclusive property of their respective owners, namely any relevant right holder, and are individually protected, where applicable, by the applicable national and international legislation on copyright and trademarks.

Any total or partial reproduction, modification and/or use of all or part of the content of the Service (and in particular trademarks, trade names, images, sounds, graphics) for any reason and on any medium whatsoever, without the prior written consent of the Publisher is strictly prohibited.

The User accepts that the ability to copy the Programmes does not constitute a determining or essential element of the Publisher’s commercial offer. The Programme is moreover equipped with protection measures designed to prevent piracy and to prevent the Programme from being copied onto other media.

12. Obligation of the User

A. In general

The User is authorized to use the Service for his personal use. It is forbidden to use the Service for professional, commercial and/or promotional purposes. The Publisher disclaims all liability in the event of use of the Service that does not comply with these terms and conditions.

The User guarantees use of the Service in accordance with these Terms and Conditions and shall be liable for any recourse, action and/or claim whatsoever that may arise from persons claiming a literary and artistic property right over the works in the event of use that does not comply with the provisions of these Terms and Conditions.

B. Notices and Discussion Forums

The User is solely and uniquely responsible for what is said in the notices and comments that he or she may publish on the Service. The Publisher cannot be held responsible for the opinions and comments that a User may publish on the application.

The Publisher will make its best efforts to moderate the comments made by Users. The User acknowledges that the Publisher has the discretionary right to republish notices, comments submitted by Users, and if necessary, to modify, adapt or translate them into any language, to keep them online or to delete them at any time and without having to inform the User beforehand.

By giving his opinion or posting an opinion or comment on the application, the User expressly assigns to the Publisher, free of charge, the intellectual property rights relating thereto and in particular the right of reproduction, representation, adaptation, on any medium and in any format known or unknown to date, for the entire world and for the legal duration of copyright protection.

The User undertakes to respect the rules and obligations below with regard to his contributions on the Service, and in particular to:

• refrain from disseminating any message or information of any form or nature:
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• respect the rights of others, including:
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In general, the User shall refrain from any action likely to hinder the proper functioning of the Service or damage the reputation of the Publisher.

With regard to any opinions, comments or other content submitted by the User on the Service, the User indemnifies the Publisher against any recourse, complaint or claim from third parties arising from the presence on the Service of the said content submitted by the User. The User shall indemnify the Publisher for the amount of any damages resulting from such complaints, claims or appeals by third parties, including legal fees and court costs incurred by the Publisher.

13. Warranty and liability of the Publisher

The Publisher shall not be held liable for any malfunction and/or interruption in the provision of the Service related to or resulting from a case of force majeure, a fortuitous event, during maintenance or any other reason beyond its control or in the event of a permanent stoppage of the Service.

The Publisher does not provide internet access. Consequently, the Publisher shall not be held liable for the malfunctioning and/or insufficient provision of internet access services, and shall not be held liable for any indirect, incidental and/or consequential damages resulting from or related to the operation of the internet network.

The Publisher cannot be held liable in the event of disappearance, loss, deterioration, and in particular in case of any damage likely to alter the User’s computer equipment.

The Publisher has no obligation to replace Programmes destroyed during temporary and/or irremediable breakdowns affecting Users’ computers.

The Publisher is not obliged to offer all the services and marketing methods described in these General Terms and Conditions.

Hypertext links may refer to other sites. The Publisher shall not be held liable in the event that the content of the said sites contravenes the legal and/or regulatory provisions in force.

The Publisher shall not be held liable in the event of failure to comply with the legislation of the country where the Programmes are broadcast.

The Publisher, in the process of putting on line, is bound only by an obligation of means. The Publisher does not control the information, data, texts, music, sounds, photographs, images, videos, messages or any other material transmitted via the Service, and consequently does not guarantee the timeliness, legality, probity or quality of this content. The Publisher shall under no circumstances be held liable for the illegal nature of the content under current legislation.

Without prejudice to the other provisions hereof, the Publisher is not required to verify the truthfulness of the information communicated by internet users at the time of their registration, and in particular the fact that they are of legal age.

The User is informed that since the ability to copy does not constitute a determining factor in the Publisher’s commercial offer, the Programme is equipped with protection measures designed to prevent piracy and to prevent the reproduction of the Programme onto other media.

14. Termination

The Publisher reserves the right to terminate Users’ accounts, without notice, in the event of:

• insolvency;
• acts that contravene the provisions of the Intellectual Property Code;
• failure by the User to comply with any of his obligations under these General Terms and Conditions.

15. Right of withdrawal

In accordance with articles L 221-3 and following of the Code of Consumption, a User subscribing to a distance contract has the option of exercising his right of cancellation by contacting the customer service within fourteen (14) working days of the date of payment.

The right of cancellation may not be exercised once a Programme has begun to be viewed or downloaded (cached), in whole or in part, in accordance with Article L 222-9 of the Code of Consumption.

In the event of cancellation, the Publisher will refund the User the sums received.

16. Applicable law and dispute resolution

The present General Terms and Conditions will be subject to Belgian law and any dispute that cannot be resolved by mutual agreement will be brought before the French-speaking courts of Brussels.