Privacy Policy applicable to US residents
    Updated on 24th May 2018.

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    Welcome to the Privacy Policy for Blackpills SAS, a French simplified joint stock company, (“Blackpills”).  This policy sets forth Blackpills’ handling of data and other information provided by an individual residing in the United States in connection with his or her accessing www.blackpills.com (the “Website”) or the Blackpills’ on-demand video service (the “Service”).  Blackpills respects the privacy of each such individual accessing the Website or the Service (“User”) and wants User to understand how his or her data and other information is being handled by Blackpills.
    This Privacy Policy’s purpose is to define the engagements of Blackpills regarding data protection, confidentiality and security of their personal data with the strict respect of the applicable rules and regulations and the General Data Protection Regulation and as well as the CNIL’s recommendations.

    It equally seeks to inform the User of the Service and Site about Blackpills’ commitment regarding personal data protection, that are voluntarily communicated by the User or automatically collected.

    The data processing is conducted in conformity to the applicable data protection regulation and in particular the French Act 78-17 of 6th January 1978 on Data Processing, Data Files and Individual Liberties as amended by the European regulation on the personal data protection of 14th April 2016 (hereafter “the personal data protection regulation”).

    Definitions
    In this policy, (a) “personal information” means any data or other information that relates to an individual residing in the United States and that identifies, or can be used in conjunction with other reasonably available information to identify, such individual, and (b) “non-personal information” means any data or other information of an individual residing in the United States that is not personal information.

    Acceptance
    User should review this policy carefully, and be sure User understands it, prior to using the Website or the Service.  Use the Website or the Service by User is deemed to be irrevocable acceptance by User of this policy; provided, however, that accessing the Website or the Service solely for the purpose of reviewing this policy or any general terms and conditions of use relating to the Website and the Service is not considered using the Website for purposes of this sentence.  If a User does not agree to this policy, User should immediately terminate his or her access to the Website and the Service.

    Information Collected

    In order to use the Service, the User is invited to sign in and communicate to Blackpills certain information, notably personal data.

    This data can be collected and handled by Blackpills in its capacity as designated data processor according to the applicable regulation on personal data.

    Blackpills does not collect any personal data without (i) having obtained collecting the explicit consent of the user (ii) having informed of the type of collected data, the purpose of the processing, the identity of the recipient and the rights the User can exercise regarding his data.

    Only the necessary and relevant data in respect of Blackpills legitimate purposes are collected.

    Furthermore, personal data shall not be stored for longer than is necessary for the purposes for which the personal data are processed by Blackpills.

    Information communicated by the User

    Upon registration to the Service, Blackpills requests from the User and collects the following personal data: username, valid telephone number and a date of birth (“Mandatory Data”).

    Information the User voluntarily provides to Blackpills

    The User is free to provide additional information, while it is not an obligation in order to use the Service, in order to create his “user profile”. This additional information is the following: preferred language relative to the audio and subtitles, the opportunity to be notified of any new content/episode (“Optional Data”).

    Information collected automatically

    During the use of the Service and the Website, Blackpills automatically collects certain information, including personal data, regarding the material used and in which way.  

    This information concerns technical data (such as IP address used by mobile devices, operating system, navigator, etc.) and relative information in regards to the User's consultation and the utilization of the Service and the Website's functionalities. (“Information Collected Automatically”)

    Electronic Communications
    Whether or not a User has previously sent an email message to Blackpills, by accessing the Website or the Service, User consents to Blackpills’ sending email messages and other electronic communications to User (a) in connection with User’s using the Website or the Service, (b) in the ordinary course of Blackpills’ business or the business of any company affiliated with Blackpills, or (c) for any other legitimate business purpose of Blackpills or a company affiliated with Blackpills.  Since Blackpills and its affiliated companies endeavor to send electronic communications only to individuals desiring to receive them, User can unsubscribe to such electronic communications at any time (i) by modifying his or her data in his or her account or (ii) by contacting Blackpills as set forth in Section 17 or by following the directions contained in such electronic communications.

    Broadcast of Advertisements

    The Service and/or the Website can expose the User to advertisement and videos of commercial partners of Blackpills. Blackpills cannot in any way be held responsible for the content of the advertisements, sponsorships or videos of commercial partners
    This type of advertisement is entirely anonymized. No personal data are stored and no user profile is merged with the personal data of the User.

    Plug-ins

    The Website may include social plug-ins. These allow the User to interact with his contacts on the related social medias. The User can, for example, recommend to his contacts some content he has watched on the Website. These Plug-ins are entirely anonymized. No personal data are stored and no user profile is merged with personal data of the User.

    Analytical Data
    When User accesses the Website, Blackpills automatically collects Analytical Data through its use of cookies and log files.  “Cookies” are code placed on User’s computer or other device by the Website that enable the Website to, among other things, (a) recognize the computer or other device as having previously been used by User to access the Website, and (b) provide the Website with details of such prior use, whereas “log files” are files that record events occurring on Blackpills’ servers.  User’s browser may provide User with the ability to not accept cookies, as well as the ability to delete already-existing cookies.  If User refuses, or deletes previously-existing, cookies from the Website, User may not be able to enjoy some features of the Website.

    Protection
    Blackpills will use commercially reasonable efforts to protect all personal information contained within Mandatory Data and Optional Data from loss or unauthorized access, disclosure and use.  However, no transmission over the Internet, or electronic storage, of data or other information is completely secure, and it is possible that Mandatory Data, Optional Data and Information Collected Automatically could be lost or accessed, disclosed or used without authorization, even if commercially reasonable efforts to protect them are used by Blackpills.  In providing data and other information in connection with User’s accessing the Website or the Service, User must assume the risk that loss or unauthorized access, disclosure and use of such data and other information could occur.  User waives and releases all claims against Blackpills arising therefrom to the maximum extent permitted under applicable law.

    Use and Disclosure
    All Mandatory Data, Optional Data, Information Collected Automatically (collectively “Collected Information”) are collected and processed for the purposes of the legitimate interests pursued by Blackpills.

    9.1 Accessing and using the Service and the Website

    Blackpills collects and processes Mandatory Data in order for the User to register, access and benefit from the Service’s functionality and potentially from the Website if this function is available.

     9.2 Optimizing the User’s experience

    Mandatory Data and Optional Data voluntarily transmitted by the User allows for a better user experience in regards to the use of the Service and the Website. Mandatory Data and Optional Data permit to personalize, adapt and improve the use of the Service and the Website. Blackpills could also use Mandatory Data and Optional Data to target offered advertisements while using the Service and the Website.

    9.3 Optimizing and development of the Service and the Website

    Data processing as detailed in articles 1.2 and 1.3 seen above, permit to analyze and compile statistics regarding the consultation and the use of the Service and the Website. These studies will enable Blackpills to send notifications including Blackpills’ newsletters provided on the Service. If the User no longer wishes to receive such notifications, he can unsubscribe at any moment by adjusting his settings within his general account.

    9.4 Security

    In order to create and maintain a trustworthy environment, personal data are stored for security reasons to identify or verify the identity information transmitted by the User and control the respect of the General Terms and Conditions of Sales.
    They are also stored in order to fulfill the legal and regulation to which Blackpills must comply.

    Recipients

    Blackpills proceeds to process data of the User to ensure the functionality of the Service and the Website.

    In this context, Blackpills could be required to transfer certain user data to technical or functional processors for the functionality of the Service and the Website, excluding any other use (notably advertising or commercial).

    Such processors have a limited access to the data within the execution of their tasks for Blackpills’ account and have contractual obligations of confidentiality and protection of the Users’ data for which they were initially provided.

    Data Storage

    The data are stored at the host identified in the legal notices (www.iguanesolutions.com) and are kept for the appropriate length of time for the purposes of the processing indicated herein.

    The host has a restricted access to the data, such access is limited to the performance of its duties on behalf of Blackpills and has a contractual obligation of confidentiality and to protect the data in order to use them solely for the purposes for which they were disclosed.


    	Transfer of the Data

    The collected personal data by Blackpills are neither licensed or exchanged to third parties, at the exception of its partners and affiliates, unless it has been clearly specified during the collection of the data in question and after having been obtained prior User consent. The partners and affiliates of Blackpills only have access to the necessary personal data for the execution of the services and in conformity of the applicable general data protection regulation and are not authorized to exploit them for any other purpose.

    The User is informed that this data can be transferred within the Blackpills Group in another country than the country of residence of the User and notably outside the United States of America (to the European Union). The User therefore authorizes the transfer, storage, and processing of this information to the European Union. Applicable laws in these countries can differ from the applicable laws of the country of residence of the User. Blackpills transfers this data in respect to the French Act 78-17 of 6th January 1978 on Data Processing, Data Files and Individual Liberties, and notably Articles 68 and 69 of this Act.

    The User is equally informed that during the data processing, data can be transferred by Blackpills to Blackpills servers, some of which can be located abroad.

    Blackpills may be required to disclose personal data without prior User consent in cases where Blackpills would have reasons to believe that this is necessary to identify, contact or engage proceedings against someone who could potentially cause injury or interfere with the rights or ownership of Blackpills or alongside someone who could be affected by these actions. Blackpills could also be required to reveal this personal data in the event Blackpills is brought to believe, in good faith, that this is required by law.
    Blackpills could also transfer User information if Blackpills acquires a company or is acquired by another company, in case of a merger or a reorganization of any nature.

    Third-Party Websites
    The Website may contain links to, or be accessible from, websites that are provided by third parties and that, in the case of such links only, Blackpills believes are reputable (individually a “Third-Party Website”).  User’s use of a Third-Party Website will be subject to such Third-Party Website’s terms of use and other provisions, and User is solely responsible for compliance therewith.  This policy does not cover the privacy policies or practices of any Third-Party Website, and Blackpills is not responsible for any information submitted by User to, or otherwise collected by, any Third-Party Website.  Blackpills is only responsible for Collected Information obtained by it in connection with User’s authorized access of the Website or the Service.  A User should consult each Third-Party Website for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Website.  To the maximum extent permitted under applicable law, a User waives and releases all claims against Blackpills arising from data and other information submitted by User to, or that is otherwise collected by, any Third-Party Website.

    Disclaimer
    Blackpills does not make any warranty or representation to User with respect to any Collected Information.  Without limiting the generality of the immediately preceding sentence, Blackpills does not warrant or represent that any Collected Information is or will be accurate or error-free.  User is solely responsible for the accuracy of all Collected Information voluntarily provided by User.

    Children
    The Website and the Service are not intended for children under 17 years of age, and children under 17 are not permitted to use the Website and the Service.  However, if a parent or guardian of a child who is under 13 years of age discovers that the child’s personal information has been submitted to Blackpills through the Website or the Service without the parent’s or guardian's consent, Blackpills will use commercially reasonable efforts to remove such information from the Website and Blackpills’ servers at the parent’s or guardian's request.  To request the removal of personal information of a child under 13 years of age, the parent or guardian must contact Blackpills as set forth in Section 17, and provide all information requested by Blackpills to assist it in identifying the information to be removed.

    California Residents
    Pursuant to California law, residents of California may request certain information regarding Blackpills’ disclosure of personally-identifiable information to third parties for their direct marketing purposes.  To make such as request, User must contact Blackpills as set forth in Section 17.

    Applicable Law
    This policy is governed by, and construed in accordance with, the laws of the state of New York, without regard to its principles of conflict of laws.

    Dispute Resolution
    Any complaint of User relating to Collected Information or this policy (including, but not limited to, any claim that Blackpills has failed to comply with this policy) must first be submitted to Blackpills as set forth in Section 17, and Blackpills must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint.  Upon Blackpills’ completing such investigation and so responding, Blackpills and User must then attempt, in good faith, to promptly resolve any remaining aspects of User’s complaint.  If any aspect of User’s complaint remains unresolved after a reasonable period of time of not less than 30 days, and User decides to pursue other remedies, User may, within one year after Blackpills receives User’s initial complaint, commence litigation against Blackpills in connection with the unresolved portion of such complaint only in a court located in New York County, New York, to the maximum extent permitted under applicable law, and having subject matter jurisdiction over such complaint.  User consents to any such court being a proper venue for such complaint and waives any right to object to such court being an improper venue, whether for convenience or otherwise.

    Entire Agreement
    Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between User and Blackpills, with respect to any Collected Information.  If User accesses the Website or the Service, such access will be subject to this policy, plus any other agreement between the parties that is applicable thereto (including, but not limited, any applicable general terms and conditions of use).  To the extent there is any conflict or inconsistency between any provision of such other agreement and any provision of this policy, the latter shall control.

    Severability
    Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law.  If, however, any such provision shall be prohibited by, or invalid under, such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

    Revisions
    Blackpills may revise any provision of this policy from time to time by posting the revised provision so that it is accessible to User on the Website or the Service.  Any such revision will be effective immediately upon such posting, and User is responsible for periodically checking the Website for revisions to this policy.

    Additional Information
    In respect to applicable rules and regulations and the General Data Protection Regulation and in particularly to the French Act 78-17 of 6th January 1978 on Data Processing, Data Files and Individual Liberties, the User has the right to control the destination, the reach and scope of its personal data. In that respect the rights of access, rectification, blocking, erasure, restriction of processing, objection and data portability may be exercised by the User by sending a request by e-mail to the controller Blackpills at the following address: contact@blackpills.com.
     Blackpills SAS
    10 avenue de la Grande Armée
    75017 Paris
    France

    The User is informed that in the event that he requests the erasure of his personal data, Blackpills may nevertheless retain certain personal data necessary for legitimate commercial interests, such as the detection of anomalies and the improvement of security; retain and use the data to the extent necessary to comply with its legal and regulatory obligations; retain residual copies of data on backup systems for a limited period of time.



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