Sybel EN | T&C's

PART I - GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE

Last updated: 05/18/2021

The Service and the Content under the name “SYBEL” and as these terms are defined below are works published by Audio Investissement. AUDIO INVESTISSEMENT (hereinafter referred to as “SYBEL”) is a public limited company with share capital of €5,329.10 registered in the Paris Trade and Companies Register under number 837 895 556. Intra-community VAT FR 65837895556.

Head office: 55, rue la Boétie 75008 Paris - France

Publication Director: Virginie Maire, President.

Audio Investissement is incorporated under French law.

Host: Amazon Web Services Ireland Limited. 1 Burlington Plaza. Burlington Road. Dublin 4. Ireland

Contact : contact@sybel.co

Request for information about personal data: legal@sybel.co

Under the conditions referred to in PART III. PERSONAL DATA PROTECTION CHARTER every users has a right of access to their personal data, as well as the right to request the rectification or deletion thereof. Each User also has the right to object to the processing of such data or to limit the processing thereof. Lastly, Users have the right to give instructions on the fate of their data in the event of death. Each User may exercise these rights free of charge and at any time by contacting SYBEL by email atlegal@sybel.co.

1. DEFINITIONS

Subscription: refers to all sound and/or visual elements available on the Service via the Platform.

Content: désigne l’ensemble des éléments sonores et/ou visuels, disponibles sur le Service via la Plateforme.

User Account: refers to the right of access granted to the User associated with a username once the Service Subscription process has been completed in accordance with Article 3.2 below. This definition is without prejudice to any conditions of access to the Platform specific to Partners (such as Facebook, etc.)

Trial Offer: a limited period of time during which, subject to subscription, under the conditions offered by SYBEL and/or its Partners, the User has access to the Service free of charge. The Trial Offer is detailed in Article 2 of the GENERAL TERMS AND CONDITIONS OF SALE (Part II)

Platform: refers to the tool used to read and distribute Content. This may be (i) the SYBEL Website accessible at www.sybel.co (hereinafter "the Website") and/or (ii) any the application published by SYBEL and available, among others, on the IOS and Android operating systems and/or via all voice assistants and/or all offers from the Partners and more generally on any other medium known or unknown to date (hereinafter “the Application”). The Site and the Application are hereinafter referred to together as “the Platform”.

Service: means SYBEL’s eponymous editorialised audio offer consisting of Content and accessible via the Platform.

User: refers to any natural person who has subscribed to the Platform via the Site or the Application.

Partners: denotes (i) any legal entity, known or unknown to date, enabling access to the Service and the Content, in particular via the Platform, such as: IOS or Android Store, content providers, telephone operators, etc.) (ii) and more generally any company with which SYBEL has entered into a contract, in particular under its cookie and personal data protection policy.

2- GENERAL INFORMATION & SYBEL SERVICE

2.1 - SYBEL has developed and publishes the Service enabling Users to access Content in return for a Subscription, after a possible Trial Offer as specified in article 2 of the GENERAL TERMS AND CONDITIONS OF SALE.

2.2 - The use of the Platform and access to the Service are governed by (i) these GENERAL TERMS AND CONDITIONS OF USE (hereinafter “GTCU”), (ii) the GENERAL TERMS AND CONDITIONS OF SALE (hereinafter "GTCS") in the context of a subscription, (iii) on the collection of personal data: PERSONAL DATA PROTECTION CHARTER (Part IV) and by other agreements, policies, guidelines and conditions, published or otherwise made available to the User by SYBEL (hereinafter collectively “the Terms and Conditions”). These documents together constitute the contract between the User and SYBEL, to the exclusion of any other document.

Consequently, access to the Service via the opening of a User Account on the Platform and/or the taking out of a Subscription with SYBEL implies acceptance without restriction or reservation of these Terms and Conditions. By accessing the Platform and creating a User Account, the User thus undertakes to comply with them.

In accordance with article 3.2.2, should any Users be unable to accept these Terms (i.e. if they have not reached the required legal age or are subject to any legal protection measure, such as legal guardianship), they shall warrant that they have parental authorisation or any authorisation to be given by their legal guardian granting the right to use the Service.

The GTCS, GTCU and the Personal Data Protection Charter are published on the Service via the Platform and made available to Users free of charge. They are also displayed when creating a User Account on the Platform, and the User confirms that he/she has read and accepted them in their entirety before registering.

SYBEL reserves the right to modify the Conditions at any time, without prior notice. The modifications will, where applicable, apply immediately to access to the Service, the management of Subscriptions and User Accounts.

2.3 - The User acknowledges and accepts that SYBEL offers it a personalised Content recommendations service governed by these Terms and Conditions based on its use of the Platform and/or by Users. This personalised recommendations service aims to help each User navigate and become introduced to the Platform Content. Each User may also receive self-generated personalised recommendations on their email address concerning other content that may be of interest to them, according to various criteria, such as browsing habits, consultation, centres of interest, etc.

3 - ACCESS TO THE SERVICE & USE

3.1 - Basic equipment

3.1.1. The costs arising from the use of the Internet when using the Service and accessing the Content by downloading or streaming are the sole responsibility of the Users, who remain solely responsible for all equipment and use thereof enabling them to access the Platform and the Content.

3.1.2. The equipment (computer, software, means of telecommunication, etc.) allowing access to the Service and the Content are also the exclusive responsibility of each User.

3.1.2 To take advantage of the Site and its services via smartphone or any other device, Users are informed that their device’s operating system must meet certain requirements. These requirements may be found, in particular, on the Site and the Appstores.

3.2 - User account

3.2.1. In order to access the Service and the Content, each User must first create a User Account on the Platform and subscribe to a Subscription. (It is specified that Users having created their account before 15/04/2020 will have access to a new Trial Offer without having to subscribe beforehand). The terms of subscription are set out in the General Terms and Conditions below.

Each User may create only one Account but has the option of creating multiple profiles (including child profiles) and a number of simultaneous accounts equal to the number of profiles made available to the User

3.2.2 In order to use the Service and access the Content, the User must (1) meet the age requirements in the table below, (2) have the capacity to enter into an binding contract with SYBEL and not be prohibited from doing so under any applicable legislation, and (3) be a resident of a country where the Service is available. The User also undertakes to ensure that any registration information provided to SYBEL or its Partners is accurate, faithful and complete, and agrees to ensure that this is the case at all times. Users who are resident in one of the following countries can view this table to find out the age restrictions specific to their country: If a country is marked with an asterisk (*) in the table below and the User is required to secure the consent of his/her parents or guardian, the latter will enter into the contract on his/her behalf.

3.2.3. The registration form for the Service and the opening of a User Account is available via the “PROFILE” space of the Platform.

The information required by the Platform or by SYBEL’s Partners must be provided by the User to validly open a User Account:

The User undertakes to communicate fair and accurate data. SYBEL shall not be held liable for any damage resulting from the transmission of non-compliant data.

The finalisation of the opening of the Account is subject to:

Any password required by the Platform and/or the Partners and which Users might use to sign in, is personal and confidential. Users are solely responsible for their use and undertake not to disclose it to third parties. Users shall immediately inform SYBEL or its Partners if they have reason to believe that their password is known to another person, or if the password is used or likely to be used in an unauthorised manner. SYBEL shall not be held liable in the event of fraudulent use of the User Account and access to the Service.

3.3 Modification / Deletion of User Account

3.3.1. Users must inform SYBEL and/or its Partners of any change in the information provided about them (including any change in bank details required for payment of the Subscription). Depending on the terms of subscription to the Service via SYBEL or its Partners, the User may access and modify this information, as well as the parameters of the User Account, in "MY PROFILE I > PARAMETERS > MY ACCOUNT section

3.3.2. At any time during a visit to the Service on the Platform, Users with an Account may connect or disconnect from the Platform by entering their email address associated with their User Account and their password or by identifying themselves by another means of log-in such as “sign in with apple”, or “sign in with facebook”.

3.3.3.Subject to the terms of this agreement, the current Subscription and the GTC, Users may delete their User Account at any time via the functionality provided.

3.3.4. SYBEL reserves the right to prohibit, cancel, remove or reassign certain usernames (or even pseudonyms) and permanent links under certain circumstances as determined by SYBEL, at its sole discretion and may, with or without notice, suspend or terminate any User Account should any activities occur on that Account which appear to be or may be in breach of these Terms or an infringement of the rights of any third party or a breach of such rights or of any applicable law or regulation.

3.3.5. SYBEL reserves the right to make modifications to the Service, its procedures, these T&Cs and any Conditions at any time. The User is subject to the terms and conditions, procedures and GTCU in effect at the time of use of the Service. SYBEL therefore invites the User to regularly review the General Terms of Use.

4. LICENSE & CONTENT

4.1. Subject to full compliance with these Terms, and payment of all applicable fees, SYBEL and/or its Partners grant the User a limited, non-exclusive, non-transferable and non-sublicensable licence to access the Service via the Platform and make personal and non-commercial use of the Service and the Content. Users are reminded that, where necessary, the licence may be subject to compliance with the additional conditions of SYBEL's Partners.

4.2. Subject to these Terms and Conditions and Article 6 below, all rights not expressly granted to the User by these Terms and Conditions are reserved by SYBEL or its licensors, suppliers, publishers, right holders or other content providers and/or Partners etc.

4.3. SYBEL reserves the right to modify at any time and at its sole discretion the information published for each Content item.

4.4. SYBEL reserves the right to delete or disable access to any Content or any other elements published or broadcast via the Service, SYBEL shall not be held liable in any way for the deletion of Content or the disabling of access to Content.

5. INTELLECTUAL PROPERTY, COPYRIGHT, TRADEMARK RIGHTS, DATABASE PROTECTION

5.1. All Content included in or made available via the Service, such as texts, graphics, logos, buttons, images, music and audio clips, digital downloads, data compilations as well as Content, is the exclusive property of SYBEL or its content providers and other right holders and is protected by French and international intellectual property, copyright and database protection law.

5.2. It is strictly forbidden for each User to extract and/or reuse, systematically or otherwise, all or part of the Content from the Service without the express written permission of SYBEL. In particular, the User undertakes not to use a data vacuuming robot, or any other similar data collection or extraction tool to extract (in one or more operations) for reuse a substantial part of the Service, without the express written agreement of SYBEL. The User also expressly undertakes not to create and/or publish its own databases where these might contain substantial sections of the Content of the Service without the prior, express and written agreement of SYBEL.

5.3. SYBEL, SYBEL.com, SYBEL.co, Sybel.audio, Sybel.me, and all other graphics, logos, headers, buttons, icons, scripts and wording included in or made available through the Service are SYBEL trademarks or visuals in the European Union and other countries. SYBEL’s trademarks, visuals and other distinctive signs may not be used in connection with products or services not belonging to SYBEL, or in any way that might cause confusion among Users, or in any way that could discredit or denigrate SYBEL. Any use of SYBEL logos, graphics or trademarks to integrate them into a hyperlink without the prior, written and express authorisation of SYBEL is prohibited. All other trademarks not belonging to SYBEL which appear on the Service are the property of their respective owners, which may or may not be affiliated, linked with or sponsored by SYBEL.

6. LIABILITY

6.1. Liability of the User

Without prejudice to any other stipulations herein.

6.1.1 : The User undertakes to comply with the Terms and Conditions.

The User is authorised to use the Platform solely for the purpose of enabling it to use and enjoy the Service as provided by SYBEL and under the conditions set out in these Conditions. The User may only use the Platform within the so-called "family circle", such that any use outside this framework is expressly prohibited.

The User is prohibited from integrating all or part of the Platform into other programmes, content, services, compiling all or part of the Platform with other programmes, transferring all or part of the Platform for use with another service, or selling, renting, lending, distributing or sub-licensing all or part of the Platform, a User Account or a Subscription or transferring any right whatsoever to all or part of the Platform, a User Account or a Subscription. The User must not use the Platform for illegal purposes.

6.1.3 . Users are fully and solely responsible for any activity carried out via their User Account.

Users who are under-age, as defined in Article 3.2.2, may use the Service only with the consent of a parent or guardian, in particular via the creation of a “child mode” profile in the User Account.

Users are fully informed and accept that certain Content is liable to be explicit and be inappropriate for younger audiences. This Content is listed as such on the Service and is subject to age restrictions, with which Users are responsible for complying, in line with the legislation applicable in their country of residence. A parental control system has been set up for this purpose.

6.1.4.Users shall refrain from using the Service: (i) in a manner that might cause, or be liable to cause, an interruption, damage, or alteration of the Service and/or the Application, (ii) for fraudulent purposes, or in connection with a crime or illegal activity, or (iii) for the purpose of causing disturbances or other nuisances. It is reiterated that SYBEL reserves the right to close a User Account, to remove or edit Content or to cancel Subscriptions at its sole discretion, subject to the terms of this agreement.

6.1.5.Users may not and shall not encourage, assist or authorise anyone to (i) copy, modify, alter in any other way the Platform in full or in part, create works derived from the Platform or (ii) reverse-engineer, decompile or disassemble the Platform in full or in part, except to the extent permitted by law.

6.1.6. The operating license granted to Users in consideration of a Subscription does not include any right to use the Service or the Content for sale or any other commercial use, to collect and use product listings, descriptions or prices, to make any derivative use of the Service or the Content, to download or copy information from a User Account for the benefit of another merchant, or to use a data vacuuming robot or other similar data collection or extraction tools.

6.1.7. The Service may not in any way and for any reason whatsoever, in whole or in part, be reproduced, copied, sold, resold, consulted or exploited on commercial grounds without the prior express written consent of SYBEL. Users are prohibited from using meta-tags or any other “hidden text” containing SYBEL’s name or trademarks without SYBEL’s prior express written authorisation. A limited, revocable and non-exclusive right to create a hyperlink to the home page of the Platform is granted to the User, provided that this link does not present SYBEL or its products and/or services in a manner that is false, misleading, disparaging, bringing about any risk of confusion whatsoever, or otherwise detrimental to SYBEL. Users undertake not to misuse the Platform and the Service. Users shall use the Service only to the extent permitted by law.

6.2. Liability of SYBEL

SYBEL undertakes to use its best efforts to ensure that the Platform and the Service are available and that transmissions are uninterrupted. However, due to the nature of the Internet, it cannot guarantee these. In addition, Users’ access to the Service may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of a new feature or service. SYBEL will make its best efforts to limit the frequency and duration of these suspensions or limitations. SYBEL is not liable for (i) losses that were not caused by SYBEL's fault, or (ii) commercial losses, or (iii) any indirect or consequential losses that were not foreseeable by the User and SYBEL at the time of the Service was used.

More generally, SYBEL shall not be held liable in the event of non-performance or poor performance by the User of the GTCU-GTCS, unforeseeable and insurmountable acts of a third party or in the event of force majeure as defined by Article 1218 of the Civil Code. As a mere publisher of the Service, SYBEL cannot guarantee the quality of the Internet network or its access and cannot guarantee the absence of interruption of the service specific to the Internet network. Consequently, SYBEL may not under any circumstances be held liable for malfunctions in access to the Service, the speed at which the Service’s pages open and can be consulted, the speed at which phonographic recordings are played, the temporary or definitive inaccessibility of the Service or the Platform, as these problems are due to the Internet network, over which SYBEL has no control, as well as for the fraudulent use by third parties of the information made available on the Site.

Consequently, it is also the Users’ responsibility to protect their computer or other equipment, in particular from any form of intrusion and/or contamination by viruses, and under no circumstances shall Sybel be held liable for any intrusion and/or contamination by viruses of their equipment resulting from a fault, clumsiness or negligence on the part of the User. SYBELybel cannot be held liable for any malfunction or deterioration of the User’s equipment resulting from a fault, clumsiness or negligence on the part of the Subscriber or from unforeseeable and insurmountable action on the part of a third party.

More generally, Sybel declines all liability if a breach of any obligation was the result of a force majeure or fortuitous event, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any irresistible and unforeseeable event that does not allow the proper execution of orders.

Under no circumstances can Sybel be held liable in the event that the proposed service proves to be incompatible with certain equipment and/or functionalities of the User's computer equipment.

Lastly, Sybel cannot be held liable for the wrongful use made by the User of the Service or for the use of the User's account by a third party to whom the User has communicated the login data or who has had access to the account as the result of a fault, clumsiness or negligence on the part of the User. In such cases, the User commits to deal personally with any claim, demand, or opposition and more generally with any procedure against Sybel from a third party.

It is expressly agreed that Sybel cannot be held responsible for any fraudulent use of the Content that might take place without the User's knowledge or in contravention of these Terms and Conditions, and in particular for any illegal downloading of the Content

7. TECHNICAL PROTECTION MEASURES FOR THE SERVICE

7.1. Users declare that they are aware that the Content made available to them is protected by technical protection measures in order to prevent or limit, depending on the technologies available, the use of the Recordings not authorised by the present GTCU.

7.2. Users undertake not to circumvent, in any way whatsoever, the said technical protection measures, with a view to downloading the Content offered for listening, or more generally with a view to using the said Content for purposes not authorised by these GTCU. Users declare that they are aware that knowingly undermining a technical protection measure subjects them to the payment of a fine of 3,750 euros, in application of the provisions of Article L. 335-4-1 of the Intellectual Property Code, and that knowingly providing or offering to others, directly or indirectly, means designed or specially adapted to undermine a technical protection measure is punishable by six months' imprisonment and a fine of 30,000 euros.

7.3 SYBEL informs Users that it reserves the right to definitively block all access to the Platform to any member who has attempted to circumvent the technical protection measures implemented by Sybel in order to prevent the downloading of Content. Subject to the prior intervention of any competent judicial and/or administrative authority, SYBEL reserves the right to communicate the identity of the offending member to any holder and/or beneficiaries of the digital exploitation rights of the Recordings made available to the member on and from the Platform.

8. TERMINATION

8.1. Users’ right to use the Platform and the Service may be terminated by SYBEL as of right in the event of a breach of these Conditions. Where applicable, SYBEL may terminate Users’ access to the Platform and the Service without the User being entitled to a refund in whole or in part for any sums already paid for the Subscription. Any termination due to breach of these Terms is without prejudice to any damages.

8.2. SYBEL’s business may change and SYBEL reserves the right to modify the Service. SYBEL also reserves the right to discontinue or interrupt the SYBEL Service or Users’ use of the Platform and the Service, in whole or in part, at any time and without incurring any liability to Users. The possible exercise of this right may entitle the User to a total or partial refund at SYBEL’s sole discretion of all or part of the SYBEL Subscription (as set out in the General Terms and Conditions of Sale).

9. FINAL PROVISIONS

9.1. Non-Waiver. It is understood that any tolerance or waiver on the part of SYBEL in the application of all or part of the undertakings provided for in the Terms and Conditions, regardless of their frequency or duration, shall not be considered a modification of the Conditions, nor generate any right whatsoever for the User other than that expressly referred to in the Terms and Conditions.

9.2. If any provision of the Terms is deemed invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

9.3. In order to keep the Platform up to date, SYBEL may offer automatic or manual updates at any time and without prior notification.

9.4. When using the Platform, Users may also be required to use the services of one or more third parties (including Partners), such as those of an Internet service provider, a mobile operator or a mobile platform provider. Use of such third party services may be subject to the policies, terms of use and fees of such third parties.

9.5. Applicable law and competent courts. The law applicable to these Terms and Conditions is French law. In the event of a dispute concerning the formation, performance and/or interpretation of the Terms and Conditions and/or a Subscription, jurisdiction is expressly attributed to the competent courts of Paris, failing amicable resolution of the dispute. Users whose habitual place of residence is in France shall also benefits from rights protecting them under the mandatory provisions of French law. The European Commission provides an on-line dispute resolution platform which Users may access here:ec.europa.eu/consumers/odr.

PART II - GENERAL TERMS AND CONDITIONS OF SALE OF SYBEL SUBSCRIPTIONS

SYBEL offers a Subscription system for the use and payment of the Service. This Subscription as defined in Article 1 of the GTCU is subject to the conditions below, the GTCU and more generally the Conditions as defined in Article 2.2 of the GTCU.

1. SUBSCRIPTION TO SERVICE & TRIAL OFFER

1.1. Subscription

Subscriptions are not transferable.

1.1.1. By subscribing to a SYBEL Subscription, Users expressly request to benefit from its advantages and the Service immediately, before the expiry of the withdrawal period as provided for in Article L. 121-21-8 of the French Consumer Code. Consequently, Users expressly waive their right of withdrawal of 14 clear days. Consequently, no request for withdrawal, cancellation or reimbursement will be accepted for the subscribed period, without prejudice to Article 5 of Part III of the "SYBEL E-CARD GTCS” below. This waiver shall not constitute a waiver by Users of their other rights as defined by the Conditions.

1.1.2. SYBEL Subscriptions are automatically renewed each month or each year, where an annual offer has been instituted.

At the time of each renewal, the amount payable for the Subscription will be debited from the User’s bank account the details of which were provided upon creation of the account (i) either by a SYBEL Partner or (ii) by SYBEL. If the direct debit is refused for any reason whatsoever, SYBEL reserves the right to terminate the User’s Account by right. If the Subscription is available on a monthly basis, SYBEL will debit the amount corresponding on the monthly renewal date. Each month started on every anniversary date is due. If the Subscription is available on a yearly basis, SYBEL will debit the amount corresponding on the yearly renewal date.

1.1.4. Users may terminate their Subscription at any time after the expiry of the Trial Offer, if applicable, and as referred to in Article 1.2. below. However, Users may not receive any full or partial reimbursement for Monthly or Yearly Subscriptions already paid or for the current month or year. By taking out a Subscription, Users acknowledge and accept this

1.1.5.Users may cancel their subscription from their User Account, in the case of payment by credit card, and/or in accordance with the procedures laid down by the Partners. The termination will be taken into account at the end of the Subscription period in progress, provided that the request is sent at least 48 (forty-eight) hours before the end of the Subscription period, and up to the end date and time as listed on the User Account.

1.2 Trial offers

1.2.1. SYBEL may, at its sole discretion, offer free or paid trial offers for a monthly, annual Subscription, etc. under conditions that will be specified on the Service and/or via any partner such as a Store, content providers (hereinafter a “Trial Offer”). Users are informed that the Trial Offers as well as any promotional offer that may be proposed may differ between the Site and/or the Applications and depending on the Partners. Similarly, these offers may vary, particularly with regard to the loyalty of Users, etc. Any Trial Offer is conditional on the prior taking out of a Subscription involving the provision of the User’s bank details.

For Users subscribing to SYBEL before 15/04/20, At the end of the "Trial Offer" period as determined by SYBEL, Users will be invited to subscribe to a Subscription via the “Upgrade to premium” functionality in order to have access to the Content. Users must then provide the valid details of a bank account in the “My Account” tab in order to use the SYBEL Service and have access to the Content.

Users may terminate the Subscription at the end of the Trial Offer in line with the conditions set out in Article 1.1.4 above.

1.2.2. Trial Offers are limited to one per User Account.

2. RATES & METHODS OF PAYMENT

2.1. Subscription Rates

Subscription prices are subject to change at any time by SYBEL and/or the Partners. In this case, SYBEL or its Partner shall inform Users by e-mail, notification on the Platform or any other means at SYBEL's convenience at least 15 (fifteen) days before the date of effect. Users shall each have the option of terminating their Subscription in accordance with the conditions agreed to at the time of Subscription on Sybel or via the Partners.

In the event of an increase in Subscription fee by SYBEL, Users not agreeing to this price increase may terminate their subscription under the conditions set out in Article 3 below, this termination taking effect on the next subscription deadline. In the absence of termination by the User, the new pricing shall therefore apply from the next subscription deadline following the date of effect of the new pricing.

2.2. Payment & Methods of Payment

2.2.1 SYBEL and/or the Partners may request a temporary authorisation from a banking institution associated with the bank account details provided by the User to verify that the User can take out a Subscription. Any Subscription is effective subject to this verification and may be revoked by SYBEL and/or the Partners in the event that this verification fails.

2.2.2. Payment of the Subscription is made in arrears (payment in advance) when the Subscription to the Service is taken out, and then each month by direct debit until the Subscription is cancelled at the initiative of the User or SYBEL.

2.2.3 .If a payment is refused for any reason, SYBEL and/or its Partners also reserve the right to terminate the User's Account.

2.2.4.In order to optimise the security of transactions, SYBEL has chosen several payment systems. The guarantees given by SYBEL with regard to the security of transactions are identical to those obtained by SYBEL from the publishers of the above-mentioned payment systems.

In the absence of evidence to the contrary provided by the User, the computerised registers, kept in the computer systems of SYBEL and its Partners under reasonable security conditions, will be considered as proof of communications, orders, validations and payments made between the User and SYBEL. This information shall be deemed authentic unless the User provides written proof to the contrary. These elements are archived on a reliable and durable medium in such a way as to correspond to a reliable copy in accordance with Article 1379 of the Civil Code.

3. TERMINATION OF SUBSCRIPTION

When their Subscription has been taken out directly with SYBEL from the Site, Users may terminate it via the settings in their User Account (Manage my subscription). The termination will be taken into account at the end of the current subscription period, provided that the request was sent at least 48 (forty-eight) hours before the end of the subscription period, and until the end date as indicated on the User's account for a trial or discovery offer, unless otherwise indicated on the Site.

When their subscription has been taken out from a Sybel Partner site, Users must first check the conditions for cancelling their subscription from the Partner’s site, and follow the instructions specified there. Subscribers are informed that the termination procedures (procedure, deadline for taking into account, etc.) may vary from one Partner to another.

PART III- GENERAL TERMS AND CONDITIONS OF SALE OF SYBEL E-CARDS

The Subscription, as defined in Part II of the GTCS, may be offered by SYBEL in the form of a dematerialised gift card and/or coupon ("E-card"). This E-card is subject to the GTCU, the GTCS and more generally to the following conditions:

1. GENERAL PROVISIONS

In accordance with the General Terms and Conditions, the E-card enables Users to give a prepaid subscription to a third party of their choice (“the Beneficiary”), provided that the latter has not yet subscribed to SYBEL.
Depending on the offer, the E-card entitles the Beneficiary to a certain number of months of subscription to SYBEL, starting from the date of subscription.
The date of Subscription is deemed to be the date of the card’s activation, by entering and validating the code indicated on the E-card.
SYBEL cannot be held responsible for the loss, theft or fraudulent use of an E-card. The E-Card cannot be combined with any other coupon, offer, discount or promotion.

2. ORDERING AN E-BOARD

In order to access the E-Card Ordering service, interested parties must either have or create a User Account.
Users must specify the duration of the subscription being given to beneficiaries and the desired number of E-cards.
The Order is accepted when the User validates the payment.
Users then receive an e-mail for each E-Card ordered, containing the unique activation code for the relevant E-Card. Users may print the e-mail in order to give it to their Beneficiary.
Users failing to receive an e-mail confirming the order placed must contact: contact@sybel.co
Under no circumstances shall SYBEL be held responsible if Users do not receive confirmation of an Order due to an error on their part in entering their details, in particular their e-mail address.
The orders placed are firm and final upon payment. They may not give rise to reimbursement or be cancelled except in the case provided for in Article 5 “withdrawal period”..

3. E-CARD ACTIVATION

To use the E-card, the Beneficiary must go to:https://app.sybel.co/redeem, create a User Account, then copy-paste or manually enter the code found on the E-card in the “Promotional code” box and confirm.

4. DURATION AND VALIDITY OF THE E-CARD

The E-Card is a single use card and can only be offered to one recipient, who will be the only one entitled to use it. The subscription must be activated via the E-Card within 1 (one) year from the E-Card Order date.

5. WITHDRAWAL PERIOD

In accordance with the provisions of Article L121-20 of the Consumer Code, Users have a period of 14 clear days from the date of validation of their Order to exercise their right of withdrawal, provided that the E-Card has not been activated within this period. Should User wishes to exercise their right of withdrawal on their E-Card Order, they must inform SYBEL via the e-mail address contact@sybel.com. SYBEL will then check that the code transmitted on the E-Card has not been activated and, if necessary, will disable it.

PART IV- PERSONAL DATA PROTECTION CHARTER

1. PURPOSE

The purpose of this charter (hereinafter "Charter") is to inform Users visiting the Platform of the personal data protection policy implemented by AUDIO INVESTISSEMENT, (hereinafter "SYBEL") is a public limited company with share capital of €4305.80 listed on the PARIS Trade and Companies Register under number 837 895 556, located at 55, rue La Boétie 75008 Paris - France and represented by Ms Virginie Maire, Chairperson.

SYBEL undertakes to comply with the legislation in force relating to the protection of privacy with regard to the automated processing of Data, in particular Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms (hereinafter the “Data Protection Act”) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Data, as well as to respect the privacy of Users.

This Charter may be modified at any time in order to comply with any legal, regulatory, jurisprudential, editorial and/or technical developments. Users are advised to refer to the latest version of the Charter accessible on the Platform before any browsing.

2. COLLECTION OF PERSONAL DATA BY SYBEL

When using the Platform and the Service, certain personal data may be collected with the User's consent, directly or indirectly by SYBEL.

Users are informed and expressly acknowledge that their personal data may be collected by SYBEL’s Partners, in accordance with their general terms and conditions of use/sale. SYBEL shall not be held liable for any failure by its Partners to comply with the applicable regulations.

3. PURPOSE OF THE COLLECTION AND PROCESSING OF PERSONAL DATA BY SYBEL

The purposes of each processing operation carried out on the Platform of the Users’ personal data are described and defined at the time of collection and meet specific, legitimate needs in accordance with the law. In the event of failure to provide mandatory information, Users will not be able to use the Platform and the Service.

This information will be collected and used in particular to:

The newsletter, published by SYBEL, is intended in particular to inform its readers of the latest Content in the SYBEL catalogue, and any other new feature offered by the Service. This newsletter is issued by SYBEL, via the email address info@sybel.co]. The subscription to the newsletter remains valid until cancellation of the Account and Subscription by the User, except in the case of cancellation of the Newsletter subscription by the User.

Under no circumstances shall the User's data be sent out for advertising and/or commercial prospecting purposes, but shall be processed solely for the aforementioned purposes.

4. RETENTION PERIOD FOR PERSONAL DATA

SYBEL undertakes to ensure that Users' personal data is retained in accordance with the purposes for which it is to be used, for the period strictly necessary for its purpose. The email addresses entered for subscription to the newsletter are retained until termination of the Subscription by the User and/or if SYBEL terminates the Service.

5. TRANSMISSION OF PERSONAL DATA

5.1. SYBEL undertakes to take all appropriate useful and technical precautionary action to preserve the security, integrity and confidentiality of the data and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties. In accordance with the regulations in force, the data may be transmitted to the competent authorities on request and in particular to public bodies, exclusively to meet legal and regulatory obligations or injunctions, administrative or judicial decisions.

With the consent of the User, SYBEL staff, the agencies responsible for auditing SYBEL and SYBEL’s subcontractors will have access to the data collected in connection with the use of the Platform. The data may be transmitted to any of SYBEL’s affiliated companies and/or external service providers in order to ensure the effectiveness of the Platform. When transmitting personal data to third parties, SYBEL will contractually establish the framework for this transmission so that the partner complies with the regulations on personal data. However, SYBEL shall not be held liable for the processing by its Partners of the User’s data once it has been addressed to them.
Any Users not wishing to transmit information to Google Analytics are invited to download and install this module in their web browser. It is compatible with Chrome, Internet Explorer 11, Safari, Firefox and Opera. In order to function, this add-on must be able to load and run correctly in the User’s browser. For Internet Explorer, the User must enable third-party cookies. For more information about disabling Google Analytics and installing the add-on in your browser, Users should click here: https://tools.google.com/dlpage/gaoptout?hl=fr.

6. RIGHT OF ACCESS TO PERSONAL DATA

Users have the following rights at all times:

To exercise these rights, Users must contact SYBEL by
email legal@sybel.co
by post, at: AUDIO INVESTISSEMENT / SYBEL/ Ms Virginie MAIRE / 55 rue la Boétie / 75008 Paris

SYBEL invites Users to substantiate their request by providing proof of their full identity and specifying the right which they wish to exercise. SYBEL undertakes to process the requests received as promptly as possible and to respond to them within a maximum period of one month from receipt of the User’s request. To cancel their subscription to the newsletter and exercise their right to object to the sending of a newsletter, Users must voluntarily unsubscribe from the distribution list either by express request to SYBEL, or by clicking on the link provided for this purpose at the bottom of the emails sending each newsletter.

7. 7. COOKIE POLICY

7.1 Definition of Cookies

A cookie is a small data file copied to the hard drive of the User's computer by a website. It records information relating to the navigation of the User’s computer on a site (such as for example the pages visited or the dates and times at which they were viewed), which may be read during the User’s subsequent visits to the Platform. The data stored by means of cookies has multiple uses and may pertain to the number of pages visited, the language chosen, the city where the IP address of the website connection is located, the frequency and recurrence of visits, the duration of the visit, the browser, the operator or the type of terminal from which the visit is made.

In the context of this “Cookie Policy”:

7.2 Partners who may use data from Cookies

Third parties are authorised by SYBEL to deposit and/or use Cookies via its Platform. Cookies from these third parties fulfil various functions:

When these third parties process personal data from the data collected through the Platform, they act on their own behalf in their capacity as data controllers and/or as joint data controllers with SYBEL.

The exhaustive list of third parties who may process data and information from Cookies deposited and/or used via the Platform is available in the “Partners” column of the tables below, listing all the Cookies deposited and/or used on the Platform.

7.3 Main regulations governing the deposit and use of cookies

Several European and national texts govern the use and deposit of Cookies. This list is not comprehensive:

7.4 Cookies used and deposited on the Platform

The Cookies deposited and used through the Platform have the following purposes:

7.4.1 Functionality & Performance Cookies

Functionality cookies

The purpose of these Cookies is to identify the Content that may be of interest to Users in light of their activity on the Service, improve and personalise the Platform, compile anonymised statistics and analyse the use (pages visited, Content viewed, browsers used, etc.) of Sybel.

Exhaustive list of functionality and performance Cookies used on the Platform:

Terminal of the Platform concernedPartnerPurpose of the processing operationPeriod of validity of consent
  • web
  • app
Airship
Link to Privacy Policy
Sending of personalised push notifications13 months
  • app
OneSignal
Link to Privacy Policy
Sending of personalised general & push notifications on mobile13 months
  • app
Sentry
Link to Privacy Policy
Error detection on the Service and Platform13 months
  • web
Stripe
Link to Privacy Policy
Secure payment13 months
  • web
  • app
SybelChoice of language13 months
  • web
  • app
Amplitude
Link to Privacy Policy
Analysis of number of users and use of the Service by the User13 months
  • web
Hotjar
Link to Privacy Policy
Analysis of number of users and use of the Service by the User12 months
  • web
  • app
Google Analytics
Link to Privacy Policy
Statistics13 months

7.4.2 Advertising Cookies

The Platform does not display external advertising. SYBEL and its Partners use Advertising Cookies solely in order to track the actions of Users, on the Service, who have interacted with SYBEL advertisements on third-party media, the objective being to measure their effectiveness and performance. The data processed in this context may come from a variety of sources and be cross-checked: navigation data, data from third parties, data on use of the Service, etc.

The use and deposit of these Cookies are conditional on obtaining the User's consent.

Exhaustive list of advertising Cookies used on the Platform:

Terminal of the Platform concernedPartnerPurpose of the processing operationPeriod of validity of consent
  • web
  • app
Facebook
Link to Privacy Policy
Mesure de performance des publicités ciblées ou non13 months
  • web
  • app
Instagram
Link to Privacy Policy
Performance measurement of targeted or non-targeted 13 months

7.4.3 Social media cookies

The purpose of these Cookies is to enable the User to get connected to SYBELl through their social media account, interact with the social media of their choice as well as to share SYBEL Content on said social media by interacting with the dedicated share buttons.

The use and deposit of these Cookies are conditional on obtaining the User's consent.

Exhaustive list of social media cookies used on the Platform:

Terminal of the Platform concernedPartnerPurpose of the processing operationPeriod of validity of consent
  • web
  • app
Facebook
Link to Privacy Policy
Content sharing and Connexion13 months
  • web
  • app
Instagram
Link to Privacy Policy
Content sharing13 months
  • web
  • app
Google
Link to Privacy Policy
Connexion 13 months
  • web
  • app
Twitter
Link to Privacy Policy
Content sharing13 months

7.5 Duration of processing of data collected through Cookies

The lifetime of a Cookie is the period during which a Cookie will produce its effects, from the moment it is deposited on the User’s terminal. This duration is defined for each of the Cookies used and/or deposited on the Platform and can be found in the column “Duration of validity of consent” in the tables above.

The duration of the processing of data and information collected via Cookies corresponds to the duration during which SYBEL and/or the Partners holding the Cookies may use the data and information collected via Cookies within their information systems. Once the lifetime of a Cookie has expired, the data and information collected through it can still be used.

7.6 : : Management by the User of the deposit and use of Cookies

When Users visit the Platform for the first time, they are offered the option of consenting to or refusing the use of certain Cookies via an information banner. This choice can be changed at any time using the “Cookie management” link at the bottom of the page in the Account settings.

In addition to the choice made, Users may selectively refuse or accept the installation of these Cookies by configuring their Internet browser accordingly. Users are invited to go to the official web page of the browser used or the manufacturer's documentation of the device used, and to follow the instructions. Below are links to instructions for the most common browsers:

8. APPLICABLE LAW

Cette Charte est soumise au droit et tribunaux français compétents.

This Charter is subject to the competent French law and courts. In the event of a complaint, Users may contact SYBEL as an amicable solution and/or address their complaints to the Commission Nationale de l'Informatique et des Libertés (CNIL), located at 3 Place de Fontenoy - TSA 80715 - 75334 Paris Cedex 07.