We are concerned about preserving the confidentiality of the personal information that you transmit to us when using ObyO and we attach great importance to the protection of your privacy. This is why we have drawn up this document (hereinafter the “Privacy Policy” or the “Privacy Rules”). It applies to all Users of the Application.

We invite you to read our Privacy Policy carefully and to contact us for any questions about the collection and processing of your Personal Data at the following e-mail address: info@asmartworld.be

Finally, note that the Privacy Policy is an integral part of the General Conditions of Use and that as such the definitions established therein are applicable to this document. Your privacy is important to ObyO, which is why we insist that ObyO will never sell your data to third parties, or process it in a way that you are not aware of.

1. Scope

The Privacy Policy details the Personal Data collected and processed when using our Application, the reasons for processing Users’ Personal Data, how ObyO uses them and the features offered to allow Users to access and update their Personal Data.

Personal Data is defined as any information relating to a natural person who can be identified, directly or indirectly. These are for example: the surname, first name, email and postal address of a natural person, their image in a photograph or video, an IP address, location data, etc.

2. Acceptance and update of our Privacy Policy

By accepting the T&Cs, you confirm that you have read and accepted without restriction or reservation this Privacy Policy, which is an integral part thereof. In the event of disagreement with one or more of its conditions, the User is free not to or no longer use our services (in particular in the event of modification of the terms of the Privacy Policy).

These Privacy Rules may be subject to change, it being specified that any reduction of your rights cannot be applied without your consent. ObyO will publish the new versions of the Privacy Policy on the Application and at the following address https://www.obyo.be/politiques-protection-donnees-personnelles and will alert Users by means of a pop-up window which will appear when the Application is opened.

In general, the Privacy Policy is always easily accessible at the address https://www.obyo.be/politiques-protection-donnees-personnelles.

3. Personal Data Processing Manager

The processing of your Personal Data is subject to Belgian law, in particular to the law of 8 December 1992 relating to the protection of privacy with regard to the processing of personal data as well as to EU Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation (GDPR).

According to the regulations in force, ObyO is the Data Controller of your Personal Data.

In this capacity, ObyO undertakes to comply with the legal provisions in force and to carry out a lawful, fair and transparent processing of the Personal Data of Users. ObyO also guarantees Users that this processing falls within the framework of the explicit and legitimate purposes determined in the Privacy Policy. The duration of the processing does not exceed the duration necessary for the purposes for which the Personal Data is collected and processed.

4. Categories of Personal Data collected and processed when using the Application

4.1. 4.1. What Personal Data is collected and how is it processed ?

In order to provide access to the Application and its Services, ObyO may collect several categories of Personal Data concerning you, for different purposes, legal processing bases and retention periods. We provide a summary of all this information in the table below.

If you want to know a little more about the Data collected and the processing purposes, you can also read the details below the table.

Processing purposes	Data collected	Legal basis	Storage periods
Account creation – Identification of the User and his Device	Mandatory profile data (Last name, first name, email, postal address) and IMEI of the Device	Contractual execution	Duration of use of the services increased by 3 years after the last connection to the service or until the request for deletion
Account creation – Identification of the User and his Device	Optional profile data (telephone number)	Consent	Duration of use of the services increased by 3 years after the last connection to the service or until the withdrawal of consent
Proper functioning of the Application and its Services	Data relating to your activity on ObyO, Communications with ObyO, Data relating to the devices and equipment used	Legitimate interest	2 years from collection
Proper functioning of the Application and its Services	Data sent by your phone’s camera, Geolocation data	Consent	Duration of use of the services increased by 3 years after the last connection or until the withdrawal of consent
Administrative management of the Application, complaints and reports from Users, Content moderation in accordance with our T&Cs	Content data, Communications with ObyO	Legitimate interest	Duration of use of the services + legal prescription (5 years)
Moderation of content in accordance with the law in force (prevention of illegal activities, fraud, cyberbullying, etc.)	Content data, Data relating to your activity on ObyO	Compliance with our legal obligations	1 year from collection for metadata 5 years (legal prescription) for data retained for the purpose of preventing disputes

4.1.1. 4.1.1. Details of the Personal Data collected

ObyO collects two different types of Data :

I. The Data that you transmit to us

Profile Data : This is the Data that you must enter when you decide to start the recovery process for your device, after having carried out the recovery tests: your surname, first name, email, postal address, IMEI of your device.

You can also enter optional Data : your telephone number.

Communications with ObyO : when you report a problem with the Application (inappropriate content, bugs, errors), respond to a survey on the quality of our Services, request assistance or request the exercise of your rights; we record the information that you agree to communicate to us or that which we need to respond to your request.

II. Data we collect when you use our Services

Data relating to your activity on ObyO : this includes:

• • connection Data: IP address, date of registration, date of your last connection ;
• • the General information data of the device: the name, the brand and the storage capacity of the device, the type (Android or iOS) and the version of the operating system;
• • Data relating to the way you use our Services, in particular the functional tests of the components of the device etc.

Geolocation data : when choosing the relay point at the end of the recovery process for your device, the Application offers you the possibility of consulting the relay points around you on an interactive map using your exact location or your approximate location. The use of its Services requires your consent to the collection of Geolocation Data.

If you do not want ObyO to collect your geolocation Data, you can refuse to give permission to the Application to access your location when you first open the interactive map. If you wish to withdraw your consent after having accepted such processing, you must modify the authorizations given to the application in the system settings of your device.

Telephone contacts : with your consent, ObyO can access your telephone contacts in order to identify the email addresses connected to a Google, Samsung or iCloud account on the device. It is necessary that all Google, Samsung and iCloud accounts are signed out so that the device can be reset and reconditioned. We never access your contacts without your permission.

Data relating to the devices and equipment used : we collect information on and issued by the devices and equipment you use to access ObyO. These include your IP address, device type, app crashes, operating system version, language used.

Camera : Our Services need your consent to collect Data from the camera to test its proper functioning. If you refuse to allow us access to your camera, you will not be able to complete the trade-in of your device.

4.1.2. 4.1.2. Details of the legal bases and the purposes of processing

We process the above Data in accordance with the requirements of the GDPR for various purposes on the basis of :

• ● L’exécution contractuelle lorsque le traitement permet à ObyO de fournir les Services tels que décrits dans les Conditions Générales d’Utilisation. Cela inclut :
  • o Access to the Application and related services (transmission of device profile and IMEI data);
  • o The proper functioning of User accounts;
  • o Reminder notifications to trade in your device;
  • o Notification of changes to our services;
  • o Administration of the Application, repair and correction of bugs, updating
• • Our legitimate interests when the processing allows us to offer you an efficient and dynamic Application. This includes :
  • o Control of User content and associated metadata for administrative purposes and verification of compliance with our General Conditions of Use;
  • o Verification of the compatibility of the content presentation methods with regard to the type of device used;
  • o Understanding the terms of use of the Application by Users for the purposes of improvement, development and commercial promotion of the Application;
  • o Verification of the stability and security of the Application;
  • o Identification of criminal activities, fraudulent behaviour, misuse of the Application;
  • o Sending surveys and requests for feedback with the aim of improving the Services offered.
• • Our legal obligations when the processing of Data aims to prevent and fight against abusive, fraudulent and illegal activities.
• • Your consent when the processing relates to geolocation data or your telephone contacts. This includes:
  • o Geolocation only to offer the User the relay points closest to his position;
  • o Access to phone contacts to identify email addresses connected to a Google, Samsung or iCloud account on the device.

4.2. Cookies

A “cookie” (or “tracker”) is a connection cookie that designates a text file that may be saved in a dedicated space on the hard drive of your terminal (computer, tablet, or smartphone), when consultation of a service accessible online. A cookie allows its issuer to identify the terminal in which it is registered, during the period of validity or registration of the cookie. The cookie therefore does not identify the User as such; it is used to record your browsing information on the Application.

When you connect to the Application, information relating to your browsing may be saved in “Cookies” files installed on your device, depending on the choices you may have made regarding cookies and which can be modified at any time. These cookies allow personalized browsing and are also used for analytical purposes (audience measurement).

The existence of cookies and their purpose(s) will be indicated to you as soon as you connect to the Application, by the presence of an information banner placed at the bottom or at the top of the home page.

The deposit and reading of cookies on your device generally requires your prior consent, in which case it is obtained by clicking on “I accept”. The consent given for the use of cookies is valid for 13 months. After this time, we will ask you to renew your agreement.

In the event of refusal of cookies, opposition to those which are deposited by default or deletion of those which are registered, the User is informed that he will no longer be able to benefit from a certain number of functionalities which are nevertheless necessary for navigate in certain areas of the Application. Where applicable, ObyO declines all responsibility for the consequences related to the degraded functioning of its Services resulting from the impossibility for ObyO to record or consult the cookies necessary for the proper functioning of the Application and which you would have refused or deleted.

ObyO uses the following cookies and trackers :

• • On the App:
  • ∘ cookies analysing your use of the Application in order to generate statistical reports, without identifying you;
  • ∘ cookies necessary for the correct and efficient operation of the Application, for example by saving your preferences for use
• • On the website https://www.obyo.be/:
  • ∘ cookies analysing your use of the website in order to generate statistical reports, without identifying you:
    • ◾ Google Analytics

5. Terms of Use of Personal Data

Any use of Personal Data for a purpose other than those set out above in our Privacy Policy will require the express prior consent of the User.

ObyO undertakes to keep Users’ Personal Data only for the duration strictly necessary for the processing(s) declared for the aforementioned purposes or for the exercise and recognition of its rights in court, and in any assumption within the limits imposed by law.

ObyO undertakes to erase the Personal Data from its databases at the end of these different periods In the event of a request to delete your account, this will be effective within 30 (thirty) days. All of our backups are automatically deleted after 90 (ninety) days.

However, ObyO may keep certain information for a period after the closure of the User’s personal account in order to meet legal, accounting and tax obligations and in particular, in order to prevent possible illicit behaviour after the deletion of an Account. User (reuse of an old account by a third party). In this case, the Personal Data will be deactivated and will no longer be accessible online.

6. Sharing information with third parties

6.1. 6.1. Absence of communication of Personal Data to third parties

With the exception of Content for which you have granted us a license to use in accordance with the provisions of the General Conditions of Use, ObyO undertakes not to disclose to third parties the information and Personal Data communicated by Users. This information and Personal Data is used exclusively by ObyO’s internal services and will not under any circumstances be transferred or sold to third parties without your express prior consent.

6.2. 6.2. Communication of Personal Data for external processing purposes

Your information and Personal Data may, where appropriate, be transmitted to third-party subcontractors involved in the provision of the Services (technical and hosting providers, sending of notifications, User monitoring and satisfaction surveys, security incident management or fraudulent activity, etc.).

ObyO undertakes to communicate Users’ Personal Data only to authorized and trusted service providers, who process them on our behalf, according to our instructions, in accordance with these Confidentiality Rules and in compliance with any other appropriate security measure. and confidentiality.

6.3. 6.3. Communication of Personal Data outside the European Union

The processing of Personal Data under the conditions described in the Privacy Rules sometimes involves transferring your Data to one or more other countries, inside or outside the European Economic Area, and in particular to the United States.

Where applicable, we use standard contractual clauses and/or any other mechanism approved by the European Commission to maintain a level of protection of your Personal Data equivalent to that guaranteed by the GDPR.

6.4. 6.4. Communication for legal and legal reasons

The information and Personal Data may also be disclosed to a third party if ObyO is required to do so by law, a regulatory provision, or a court order, or if this disclosure is made necessary for the purposes of an investigation, injunction or legal proceedings, on national territory or abroad.

Similarly, ObyO may be required to share information and Personal Data with companies, consultants or third parties in order to :

• • Enforce the Privacy Policy and the General Conditions of Use of the Application in force, including to note any breaches of them;
• • Protect against any infringement of the rights, property or security of its Users, in application and in compliance with the law.

7. Personal Data Security

We implement technical and organizational measures, such as Data encryption or restriction of access to authorized personnel, to ensure that your Personal Data is processed securely in compliance with the Confidentiality Rules However, the transmission of information via the Internet involves irreducible risks which do not guarantee perfect security of the information transmitted via the Application. Consequently, any transmission of Personal Data is carried out at your own risk.

8. Respect for the rights of Users of the Application

You have certain rights over your Personal Data, listed below:

1. 1. Right of access: it allows you free access to the Personal Data collected about you.
2. 2. Right of rectification: it allows you to update or correct the accuracy of your Data. You can exercise this right directly from your account settings.
3. 3. Right of deletion: this can be exercised when the processing of Personal Data is no longer necessary in relation to the purposes for which they were collected or, where applicable, when you withdraw your consent to the processing.
4. 4. Right to oppose the collection and processing of all or part of your Personal Data: this right is not absolute and only applies to Personal Data collected for commercial prospecting purposes, including profiling when linked to commercial prospecting activities. When you choose to object to such processing, we ask you to tell us the reasons for your opposition in order to allow us to balance our legitimate interests with your request.
5. 5. Right to limit the processing of Personal Data. This right is not absolute, and can only apply when:
   1. ∘ a request for rectification has been made under the right of rectification described in 8.2. You can then request that the processing of your Personal Data be stopped for the time necessary to verify the accuracy of the requested rectifications.
   2. ∘ you wish to object to the erasure of your Personal Data whose processing was unlawful;
   3. ∘ ObyO no longer needs the Personal Data in accordance with the processing purposes but they are still necessary for you to establish, exercise or defend legal rights;
   4. ∘ you wish to make use of your right of opposition described in 8.4. You can then request that the processing of your Personal Data be stopped for the time necessary to balance our legitimate interests with your request.

Before we can respond to a request to exercise one or more of your rights, we may ask you to confirm some information from your Account in order to verify your identity In case of reasonable doubt, we may ask you for an identity document.

9. Information about children

ObyO is not intended for minors under the age of 13. If you believe that we have Personal Data relating to a child or that has been collected from a child under the required age, you can inform us of your doubts by reporting the content or the User Account.

10. Information for US Users

This clause is only valid and legally binding if you are a party to ObyO’s General Terms and Conditions of Use. This clause relating to US users, including California and Virginia residents, applies to personal information (as defined in the applicable regulations) provided to ObyO by the User.

In light of the California Consumer Privacy Act of 2018 (“CCPA”), we provide this information to you as a service provider to process your personal information (as defined in applicable law) , to confirm that we have adequate contractual conditions in place. we have adequate contractual conditions in place. The term “applicable law” means all laws, regulations, standards, regulatory guidelines and self-regulatory guidelines that may apply regarding the management of your Data Applicable laws include, but are not limited to, the California Consumer Privacy Act (Cal. Civ. Code §1798.100 – 1798.199), or the Virginia Consumer Data Shield Act (SB 1392 ).

As a service provider, we will collect, retain, use, disclose and process your personal information only to fulfill our obligations to you under our agreement, for operational purposes previously mentioned in this Policy, to the exclusion of any other finality.

We will not sell your personal information or disclose your personal information for commercial purposes.

We certify that we understand and comply with the restrictions and obligations set forth in Cal. Civil. Code § 1798.140(w)(2) as well as Va. SB 1392. In the event of any inconsistency or conflict between the terms and conditions of this clause and those of the TOS or the Privacy Policy, the latter will govern with respect to the Data of individuals in the European Economic Area.

For any questions about the CCPA or any other US regulations at ObyO or to exercise your rights in this respect, you can contact us as indicated in article 11.

11. Contact

You can exercise these rights at any time in two ways:

• • By post to the following address: aSmartWorld, 24 Rue de Rixensart, 1332 Genval, Belgium;
• • By e-mail to: info@asmartworld.be

ObyO undertakes to respond to your requests concerning the Privacy Rules or the exercise of their rights, as soon as possible.