US_Smartmob_Privacy Policy_Hoopers

Privacy Policy

Note: Please review this Privacy Policy carefully.

This Privacy Policy explains our lawful basis for processing your Personal Data and includes information on who we are, what information we may collect from you, how we use or store it, the choices you have regarding our use of it, your ability to review and correct it and how to opt out from any of our services and/or from receiving any promotional material.

The data we may collect may be personal data about you or by which you can be identified e.g. your full name, address (email and/or postal), mobile number/MSISDN (mobile station integrated services digital network number) etc. (Personal Data) as well as other non-personal data / anonymous data for analytical purposes to monitor trends and statistical data, which may include: URL/internet protocol address, mobile device location, browser type, pages of the service accessed, viewed search terms, your online service behaviour e.g. subscriptions, product/service purchases, widget/app downloads, social media sharing, comments, reviews etc. However, if any non-personal data is directly or indirectly associated with Personal Data, the resulting information also is treated as Personal Data.


This Privacy Policy is supplemental to the terms and conditions for our service found at URL: https://www.hoopers-tv.com/ (Agreement) which form an integral part of this Privacy Policy.

Who We Are

Mobivillage SAS, registered with the Trade and Companies Register of Aix-en-Provence under number 430 325 811, with its registered office is located at 350 Rue Denis Papin – Parc De La Duranne – Domaine Du Tourillon – 13100 Aix-en-Provence – France Buongiorno UK Limited, trading as B!Games, a limited liability company registered in England and Wales, with its address at: Kemp house 152-160, city road, London, EC1V 2NX , under company number 04101267 ( Mobivillage or the Company). The Company provides you a premium video service providing tons of content around NBA stars life outside the courts so that you can discover basketball stars as no fan has seen them before unlimited access to new and classic games (the Content) for a flat monthly weekly Fee on your supported cell mobile phone accessed via the web application https://www.hoopers-tv.com/ (the Service).

You in this Privacy Statement means you as an individual and we, us or our in this Privacy Statement means the Company and/or the Data Controller.

Privacy Commitment

We understand and recognise the importance of safeguarding any Personal Data received from our customers, so we have formulated this Privacy Policy to reflect our commitment to maintaining the confidentiality of any Personal Data received from you via your selected Service.

We respect your privacy and we will handle your Personal Data in an ethical manner. We ensure that we are compliant with the applicable privacy and data protection laws in the United States of America such as the New York Privacy Act and the California Consumer Privacy Act (Data Protection Laws).

Your Consent

In order to provide you with the Service, you hereby agree to us collecting, using and processing your Personal Data or other data you may provide as set out in this Privacy Policy and specifically, by subscribing to the Service, you agree to provide and/or agree that we may request your cell phone number/ MSISDN (mobile station integrated services digital network number) from your MVNO (mobile virtual network operator) for the purposes of applying the charge(s) to your cell phone account or providing customer support services relating to the Service.

You may at any time withdraw your consent to us collecting some of the Personal Data or other data you provided but this could limit your access to all or part of the Service.

Lawful Basis for Processing

We process your Personal Data only when we have a lawful basis to do so. Presently, we use the performance of the contract and consent as the lawful basis for processing for example in order to deliver the Service to you, to provide you with customer support services.

In certain cases, we may also process data where a legitimate interest is the basis for processing as provided under the Data Protection Laws. In some cases, we may also have a legal obligation to collect Personal Data from you, as explained in more detail below.

How Data is Collected and Used

Every time you visit the Service our system automatically recognises the mobile device type used to communicate with us. Individual users will remain anonymous unless you tell us who you are. We will collect the following information: your mobile phone number/ MSISDN (mobile station integrated services digital network number), technical information, including the type of mobile phone you use, mobile network information, your mobile operating system and the type of mobile browser you use. Before you are able to fully access any of the content, the web application or use the Service you will be required to subscribe to the Service via https://www.hoopers-tv.com/.

We may gather Personal Data to allow us to process your subscription to the Service, process any requests or payments you may make, administer your contract, process refunds, for customer services and communications with you, award prizes, if applicable, provide marketing or promotional materials and certain data about your visit to the Service may be collected to help us improve the Service quality. We may also collect Personal Data so that you can access the online Service, monitor your usage of our Service and/or participation in online activities including reviews, testimonials or competitions, if any, or for other purposes outlined in the Agreement. We do not seek to collect sensitive data (also known as special categories) through this service or otherwise.

Children and Minors

The Service is not directed at children and we do not knowingly collect or solicit Personal Data or other data from children and minors under the age of 13 (thirteen) (minor).

Anyone under the age of 13 (thirteen) will not be knowingly allowed to register for the Service. Do Not attempt to register to the Service if you are under 13 (thirteen) or any part of it or send any Personal Data or other data to us.

If you are a parent or guardian and you are aware that your child has provided us with Personal Data and did not agree to this, then please contact us immediately. In the event that we become aware or informed that we have collected Personal Data from anyone under the age of 13 (thirteen) without verification of parental consent, we will promptly delete such Personal Data from our servers.

In the event that you are under 13 (thirteen) years old and you have registered to the Service then you acknowledge and declare having obtained prior authorization from your parent or guardian to register and use the Service. The parent or legal guardian of a minor has agreed to bind the minor to the Agreement (including this Privacy Policy).

It is the minor’s parent or guardian’s responsibility to determine which service is or is not appropriate for their minor(s) and to monitor their use of it.

If you are a California resident under the age of 18 (eighteen), and a registered user of any site where this Privacy Policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted.

Additional Disclosure for California Residents

We also make the following disclosures for purposes of compliance with the California Consumer Privacy Act:

We collected the following categories of Personal Data in the last 12 months: identifiers/contact information such as your full name, address (email and/or postal), mobile number/MSISDN (mobile station integrated services digital network number), technical information, including the type of mobile phone you use, mobile network information, your mobile operating system and the type of mobile browser you use, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.

The sources of Personal Data from whom we collected are: directly from you or your MNMO, analytics tools, social networks, advertising networks, and third-party services that update or supplement information we hold about you.

The business or commercial purposes of collecting Personal Data are in order to deliver the Service to you and to provide you with customer support services or as summarized above in the How Data is Collected and Used section of this Privacy Policy.

We disclosed the following categories of Personal Data for a business purpose in the last 12 months: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.

We disclosed each category to our affiliated companies or in limited circumstances to reputable third-party business partners and service providers who may help process your subscription to the Service or provide customer support services as described below in the Disclosures to Third Parties section of this Privacy Policy.

In accordance with the term as defined by the California Consumer Privacy Act, we have not sold any categories of Personal Data in the last 12 months, and we do not sell personal information of known minors under 16 years of age.

Disclosures to Third Parties

We will not rent, sell or share your Personal Data with other organisations or non-affiliated companies for commercial purposes unless you have expressly consented to this. However, by law or for regulatory reasons or at the request of an MNO (mobile network operator), we may have to reveal Personal Data to certain third parties if required to investigate or deal with any complaints relating to you or your use of the Service.

Your Personal Data may be revealed to other businesses within our group of companies and/or to reputable third parties who may help process your subscription to the Service or provide customer support services. If all or part of our business is sold, (whether by sale of shares or assets) or integrated with another business, your Personal Data may be disclosed to our professional advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business. Following completion of any such sale or transfer your Personal Data shall be disclosed to and transferred to such new owner or third party.

We will not disclose your Personal Data to third parties without first obtaining your consent, save when required by applicable laws and/or regulations or at the request of an MNO (mobile network operator). We confirm that the privacy and data protection practices of our third parties are consistent with ours to ensure maximum protection of your Personal Data. A complete list of the companies responsible for the data processing can be requested directly from the Company.

Applicable Retention Period

We will retain your Personal Data for the length of time needed to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

The main use and storage periods of your Personal Data for the specific purposes of the processing are the following:

Categories of Personal Data Rules of active conservation
1. Customer and prospect file management For customers: for the duration of the contractual relationship and 5 years thereafter For prospective customers: 3 years from the last contact from the customer
2. Analytics statistics 13 months
3. Newsletter management Until unsubscription
4.     Photos     Until deleted or 6 months after unsubscription or 3 years after last service access
5. Messages or recordings 1 year

2. For the purpose of complying with any legal obligations, your Personal Data will be processed and stored by the Company for as long as such processing is required to comply with those legal obligations;

3. With reference to any processing activities carried out for marketing purposes and based on a legitimate interest of the Data Controller or your consent, your Personal Data will be processed for the entire term of the contract and for a further 6-month period after its expiration or termination, unless you object to the processing or revoke your consent.

Data Transfers

Your Personal Data shall principally be processed by the Data Controller within United States of America or the European Economic Area (the European Union plus, Iceland, Norway and Liechtenstein) (EEA).

Your Personal Data may be transferred to third parties, located outside of the United States of America to our affiliated group companies or third parties in the EEA for the purposes described in this Privacy Policy for example to our appointed Data Processor’s in order to manage the customer care service. If this is the case, we are committed to ensuring that appropriate safeguards are put in place in order to make sure that the level of protection of natural persons guaranteed by the applicable Data Protection Laws are not undermined.  In particular, such transfer may be carried out on the basis of the standard contractual clauses signed between us as the Data Controller and the Data Processor, by obtaining your consent, or other lawful means of transferring Personal Data. In any case, you may request further information about the transfer of your Personal Data by contacting the Data Controller or the DPO. You may also require any evidence of the appropriate safeguards adopted.

By using our Service or by interacting with us in the ways described in this Privacy Policy, you consent to the transfer of your information outside the United States of America in the circumstances set out in this Privacy Policy. If you do not want your information to be transferred outside the United States of America, you should not use our Service.

Your Rights

Whilst we are in possession of your Personal Data, you are entitled (in the circumstances and under the conditions, and subject to the exceptions, set out in applicable law) to:

               
1. Question, and request access to or information on the Personal Data (up to two times each year): for example this right entitles you to know whether we hold Personal Data about you and, if we do, to obtain information on and a copy of that Personal Data e.g. to categories and specific pieces of personal information about you that we collect, use, disclose, and sell.

2. Object to / or Opt Out of the Processing or Sale of Personal Data: this right entitles you to request that the Data Controller no longer processes Personal Data or opt out of the sale of your Personal Data to third parties. You can contact us using the details in the Customer Information section below.

3. Request the correction or deletion of Personal Data: this right entitles you to request the correction of or erasure of Personal Data from our records (subject to applicable legal exceptions) by contacting us using the details in the Contact Information section below;

4. Request portability of Personal Data: this right entitles you to receive a copy (in a structured, commonly used and machine-readable format) of Personal Data that administrators have provided to Company, or request Company to transmit such Personal Data to another data controller.

5. Request the restriction of the processing of Personal Data: this right entitles you to request that Company only processes Personal Data in limited circumstances, including with consent.

6.  Request portability of Personal Data: this right entitles you to receive a copy (in a structured, commonly used and machine-readable format) of Personal Data that administrators have provided to Company, or request Company to transmit such Personal Data to another data controller.

7.  Cancel the Service: you have the right to cancel any of the Service at any time using any of the following ways: a) clicking on unsubscribe option in the account section of our web application https://www.hoopers-tv.com/ and following the instructions.  or  by contacting us using the contact details noted at the bottom of the Agreement ;

8. Disclosure or Opting-out of Direct Marketing: you may request information regarding the disclosure to third parties for the third parties’ direct marketing purposes. However, we do not share your Personal Data with other non-affiliated companies or others for those parties’ direct marketing use unless you choose that we do so. At any time, if you no longer wish to be subscribed to the Service, you can send SMS with the words STOP HOOPERS to  +1 234 261 1115.

9. Withdraw Consent: to the extent that the processing of Personal Data is based on consent, you may at any time withdraw your consent to the further collection and processing of your Personal Data in accordance with this Privacy Policy by giving us written notice to our Data Privacy Officer, details can be found. Upon receipt of the withdrawal notice we shall cease (and cause our third parties to cease) collecting, using or disclosing any Personal Data, as the case may be, unless such collection, use or disclosure, as the case may be, without your consent, is required or authorised under the Data Protection Laws or other written law;

10. In the event that we refuse your request under rights of access, we will provide you with a reason as to why. If you have any questions, comments or concerns about how we handle your Personal Data, please contact us directly using the details in the Contact Information section below.

Cookies

Our Service uses ‘cookies’ to distinguish you from other users of our Service. A cookie is a small amount of data or parcels of text that is sent to your browser from a web server and stored on your mobile device’s hard drive, if you consented to this. Generally, a ‘cookie’ being a file in your web browser enables the website to recognise your mobile device when you visit the website.

 
Cookies help us to enhance your experience when you access our Service and also allows us to improve it. We may obtain information about your general internet usage by using such cookie files which are stored on the browser of your mobile device type. Cookies contain information that is transferred to your mobile device type.

Cookies enable us to:

• estimate our audience size and usage pattern.

• store information about your preferences, and so allow us to customise our Service according to your individual interests.

• speed up your searches.

• recognise you when you return to our Service.

• provide a more convenient browsing experience for you.


You may refuse to accept all cookies, reject all cookies, or modify your browser to alert you of any new cookies by activating these settings on your browser. However, if you select any of these settings you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access our Service. Please note that advertisers may also use cookies, over which we have no control.


To reject cookies or alter the access in any way, you can follow the instructions below to do so. Please always check for updated software instruction versions as to how to control cookies.


iPhone
1. Turn on your iPhone
2. Tap on « Settings. »
3. Scroll down and select « Safari. »
4. Swipe to the bottom and tap on « Clear Cookies. »
5. When it asks you to confirm, tap on « Clear Cookies »
6. Delete any saved passwords

Android

1. Turn on your Android
2. Tap on your preferred « Browser. »
3. Press the « Menu » button
4. Tap « More » and then « Settings. »
5. Select « Privacy Settings » and tap on « Clear All Cookie Data. »
6. When it asks you to confirm, click « Yes »

You can also find out more information about cookies we use in our Cookie Policy on the website: https://www.hoopers-tv.com/   or generally by researching the internet or carrying out online searches.

Linking to Third Party Websites

If our Service, the web application and/or content contain a link to any external websites then these websites are not under our control and we are not responsible for those websites or the conduct of companies who own or control those websites. Your use of those other websites is subject to any terms of use and/or privacy policies on those websites.

Security Statement


The security internal procedures are designed to cover the storage, access and disclosure of your Personal Data. We are committed to online security. We maintain security measures to protect your Personal Data via the Service and to try to prevent unauthorised access of such data that is transmitted to our databases. We cannot however guarantee the security of any data sent over the internet.


The following provisions and arrangements are in place:

a) We have a management and corporate commitment to data security within the organisation.

b) All employees are briefed on the importance of personal data and security and confidentiality of data obtained.   

c) Our security measures are reviewed and updated from time to time.


Changes to Our Privacy Policy


From time to time, it may be necessary for us to review and revise our Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We reserve the right to change our Privacy Policy at any time and we will notify you about changes to this Privacy Policy if such changes are material by posting a notice of such changes on an updated version of the Privacy Policy on https://www.dgp-legal.com/data-protection-policy. By continuing to access or use the Service after we have posted an updated Privacy Policy or have provided you with notice of any material modifications of the same, you are agreeing to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Service.


Contact Information

If you have any questions concerning this Privacy Policy, please contact us via our address or via email using the details stated below:

The Data Protection Officer (DPO) designated by the Data Controller can be contacted at:

Email: rgpd@www.dgp-legal.com.

Complaints

We aim to work with you on any request, complaint or question you have about your Personal Data. However, if you believe we have not adequately resolved a matter, you may contact our DPO using the Contact Information directly in the section above.