TERMS & CONDITIONS
These General Terms and Conditions of Use (“GTCU”) shall apply to Your use of the app Kouchar located at app store from google and apple.
These General Terms and Conditions of Use (“GTCU”) govern your access to and use of online public communication services published by Kouchar, i.e. the free and pay-to-use Kouchar apps dedicated to live streaming of audio, video, multimedia and/or interactive content, competitions and areas for user contributions (comments, discussion forums, etc.) (the “Services”), regardless of the receiver terminal and the medium, format or and technical means to, in or by which the Services are made available to you by Kouchar Network. We may revise these GTCU at any time, at our sole discretion, and so you should check these regularly. Your access to and use of the Services is conditional on your acceptance of and compliance with these GTCU. By accessing or using the Services, you unconditionally agree to be bound by these GTCU. If You do not wish to be bound by these GTCU, You should not use the Kouchar app and using the Services.As part of Our commitment to ensuring the Kouchar app is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact us please send an email to info@kouchar.com
Definitions
”You” means you, the user of the Kouchar app and “Your” shall be interpreted accordingly.
“We/Us” means Kouchar organization and “Our” shall be interpreted accordingly.
“Kouchar app” shall have the meaning as set out above.
“User Information” means the personal details which may be provided by You to Us via the Kouchar app.
“Users” means the users of the Kouchar app collectively and/or individually as the context admits.
“Website” means a site on the World Wide Web.Acceptable UseYou agree that any use by You of the Kouchar app shall be in accordance with the following conditions:
2.1 You will not post or transmit through the Kouchar app any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
2.2 You will not post or otherwise make available on the Kouchar app any material which You do not own without the express permission of the owner of the material.
2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Kouchar app except as is strictly necessary for Your own personal non-commercial home use.
2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the Kouchar app
2.5 You will not do anything that affects the operability or security of the Kouchar app or causes unreasonable inconvenience or offence or disruption to our staff.
Third Party Websites
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Kouchar app. The providers of third party services offered through the Services are solely responsible for their services and the content thereof.
3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
3.3 Any dealings between You and any third party advertisers or merchants found on or via the Kouchar app, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
Intellectual Property
4.1 The content we make available to You on or through our Services belongs to Kouchar app and/or its licensor partners and is protected by intellectual property rights under the legislation in force and the applicable international conventions.You are not allowed to reproduce, copy, sell, modify, re-edit, communicate, distribute or use, in any way whatsoever, the content of the Services (including, but not limited to, logos, service marks, trademarks, trade names, photographs, illustrations, videos, articles and associated code and software), in whole or in part, otherwise than as provided for in these GTCU, without our express prior written consent.
4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
4.3 You acknowledge that by posting materials on the Kouchar app You grant to Us and Our licensors and assign an irrevocable, perpetual, royalty free, worldwide license to use the materials both within the Kouchar app and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
Liability for and information provided on the Kouchar app
5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Kouchar app, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
5.3 We will endeavor to provide the Kouchar app using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Kouchar app and do not promise that the material contained in the Kouchar app, or any of the functions contained in the Kouchar app or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Kouchar app.
Safety
We give Our ongoing commitment to ensuring through our Privacy Policy that You can use the Kouchar app with confidence. When using the Kouchar app, in particular any bulletin boards or chat forums, You should always take the following precautions:
6.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
6.2 never meet with someone You meet online.
6.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.
Indemnity
If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Kouchar app.
Termination
We reserve the right immediately to terminate Your use of the Kouchar app if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
Feedback
Should You wish to make any comments to Us about the Kouchar app or if You have any questions relating to the same please contact Us by sending an email to info@kouchar.com
General
10.1 Invalidity etc. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.10.2 Governing Law. These terms and conditions and the Kouchar app are governed by Singapore law. Disputes can be dealt with by the Singapore courts.10.3 Third Party Rights. These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.
Privacy Policy
This privacy notice applies to the use of personal information and other information by Kouchar app and its group companies.
Any member of the Kouchar may use and share, within that group and with its advisors, the information you provide and other information it holds about you for the purposes set out below.
I. YOUR PERSONAL DATA
Personal data are information that enables you to be identified as an individual or recognized directly or indirectly. Personal data include at least some of the following: surname, given name, date of birth, sex, postal address, email address, computer IP address, phone number, credit card number, photograph, videos, and comments giving your contact details or personal and confidential login and password.You may be asked to provide personal data when you access our Services, for instance if and when you:
- sign up for a newsletter,
- subscribe to one of our Services,
- make a purchase, e.g. a subscription ,
- enter an online competition run by us,
- complete a survey, or
- forward a link or content from our Services to one of your contacts.
Providing personal data may be mandatory for the use of some of our Services.We collect and process personal data for the purposes of:
– enabling you to take advantage of features available on or through our Services,
– contacting you to notify you of any prize won by you in our competitions,
– dealing with your enquires and requests,
– providing you with information about the services we offer,
– for market research,
– compiling statistics on visits to the various parts of our Services,
– complying with the applicable legislation if you post comments or upload materials to contribution areas that are moderated ex post facto (forums, opinions, loading of any digital material, etc.),
– To monitor, improve and protect our content, products and services, work with our agents and business partners to improve the products and services we offer, and develop new content, products and services,
– To enable us to comply with any legal or regulatory requirements; to protect or enforce our rights or the rights of any third party; in the detection and prevention of fraud and other crimes; and for the purpose of safeguarding national security,
– We may disclose your information to any successors of our business for them to use for the purposes set out in this privacy notice,
– Identifying improper use of our Services.
Information we may hold from you:
– Information you’ve provided to us, including on our websites or apps.
– Information about our content, products and services you’ve ordered or enquired about.
– Information, uploads and comments you make about the shows; channels, programmes, advertisements and services you use, for example how you access, view, share, contribute to, communicate with, record or fast forward them.
– Information we collect from the devices you use to receive Kouchar content, products and services about your use of Kouchar and/or selected third party content, products and services. For more information on cookies and how to manage them, please see the section on cookies.
– IP address (this is a number that identifies a specific network device on the internet and is required for your devices to communicate with websites) and location data.
– Technical information from the devices you use to receive Kouchar content, products and services, for example, the collection of diagnostic and traffic information.
Who may use your personal data?
Your personal data are collected when you subscribe to our Services. Your personal data are intended for Kouchar app and may be disclosed to third parties under certain conditions. Kouchar app Your personal data may be used by Kouchar app for the purposes of:
– providing you with the Services for which you have registered and:sending you any useful information about the Services via the contact details you provided,
– informing you of the terms and conditions of provision of our Services,
- confirming receipt of your requests, or your registration for a Service, or the performance, billing or completion of a Service; and
- sending you offers and news about our Services (including Services other than those, if any, to which you have subscribed) that we think might interest you, unless you choose to opt-out of receiving all or some of this information by following the opt-out instructions described below.
Your personal data may be:
- disclosed and transferred by Kouchar app to its subsidiaries, including foreign subsidiaries, in order to enable you to access the Services and conduct the above-mentioned activities; provided, however, that any transfer to a foreign jurisdiction will be carried out in accordance with the applicable legislation in order to ensure that your personal data is given a sufficient level of protection; and transmitted to any contractor engaged now or in the future by Kouchar app to assist it in providing Services to you or to achieve one or more of the purposes described above; provided, however, that your personal data will remain under the control and direction of Kouchar app.
- Our partners, subject to your consent, third parties may use your personal data, but only with your consent.
If you have opted in to receive offers from our selected partners by ticking a box or otherwise manifesting your explicit willingness to receive such offers, your data will be transmitted to the relevant partners so that they may send you their product or service offers by email or, if applicable, SMS, and continue to do so unless and until you opt-out of receiving such offers by following opt-out instructions provided by the individual partners.These partners are solely responsible for (i) the processing of your personal data once they have been transmitted to them with your consent, (ii) complying with all applicable legal requirements, and (iii) taking account of your rights and dealing with any requests you make.
Third parties permitted by lawIn certain circumstances provided for by law, your personal data may be disclosed to third parties permitted by law on a specific request basis (e.g. judicial or administrative authorities, your Internet service provider or a third party (e.g. an advertising sales house, or another publisher) that has placed a cookie in the browser directory of your computer’s hard drive.We may also disclose your personal data to third parties where disclosure is both legally permissible and necessary to protect or defend our rights, enforce our GTCU or protect your rights of those of the public. Should Kouchar app be sold, in whole or in part, to a third party, we reserve the right to transfer your personal information as part of the assets transferred.
How can you access, change or delete your personal data?
You have the statutory right to access information about you that is held on a computer, to object to the processing of such information and to have it corrected or deleted.
The simplest way to exercise these rights is to send us an online request. You can at any time access your personal information, change it or have it deleted by:sending us an email at info@kouchar.com setting out your request in a manner enabling us to respond effectively to it.
N.B. We remind you that our partners are responsible for taking account of your rights, including your right to opt-out of receiving offers from them.
You may, however, at any time opt-out of receiving offers from third parties by logging in to your user account and changing the settings. If you had previously opted in, your personal data will cease to be transmitted to our partners from the time your request is processed. Your request will not, however, apply retroactively to data transmissions carried out before your request. In such case, you should contact the relevant third parties directly.
How long do we keep your personal information?
Your personal Information is stored by us and/or any contractors of our choosing, strictly for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with the applicable regulations, e.g. no more than three years for information about customers and prospects as per Simplified Standard No 48 adopted by the CNIL by Resolution 2012-209 of 21 June 2012, and one year for information about content creators.
Beyond those time frames, your personal data will be kept solely for statistical purposes and will not be put to any use whatsoever.
How do we protect your personal information?
Your personal information is collected via a secure server. The secure server software encrypts the information provided before transmitting it to us. In addition, we have security procedures in place to protect the storage of and prevent unauthorized access to your personal information. As part of our security measures, we may require you to give proof of your identity before we disclosure any private information to you.
II. YOUR NAVIGATION DATA
What are navigation data?
Your navigation data do not allow you to be identified personally. They only allow the terminal you use to be identified.
Navigation data are information associated with the equipment, or terminal, you use (computer, smartphone, tablet, etc.), which can be collected and stored in “cookie” files, according to your choices, as and when you access and use the Services.
What is a cookie?
A cookie is a small file of letters and numbers downloaded onto your computer when you access certain websites. Like virtual door keys, cookies unlock a computer’s memory and allow a website to recognise users when they return to a site by opening doors to different content or services. Like a key, a cookie itself does not contain information, but when it is read by a browser it can help a website improve the service delivered.
Cookie files are automatically lodged into the cookie file
– the memory of your browser
– and each one typically contains:
– The name of the server the cookie was sent from
– The lifetime of the cookie
– A value
– usually a randomly generated unique number
The website server which sent the cookie uses this number to recognize you when you return to a site or browse from page to page. Only the server that sent a cookie can read, and therefore use, that cookie.
Source: http://www.allaboutcookies.org/ukNavigation data mainly consist of the type and version of the browser used by your equipment (Chrome, Internet Explorer, Safari, Firefox, Opera, etc.), the preferred language of the browser software installed on your equipment, the type of operating system used (Windows, Mac Os, Linux, etc.), the IP (Internet Protocol) address of a connected terminal, the URL (often beginning with http://www.) of a web page specific to a particular terminal’s use of a service, the identification and content of a cookie file stored in a terminal, the date, time and duration of a terminal’s connection to an element of a Service (a page, content, section, user account, etc.).
Some navigation data, such as your equipment’s IP address, are essential for communication on the Internet.
Other navigation data must by law be kept by us to ensure the security of our Services, to detect, prevent or track intrusion attempts and other malicious activities, or breaches of our GTCU, or to respond to requests from third parties permitted by law to request or require disclosure of navigation and personal data of users of our Services. Such data may be, for instance, an IP address, the date, time and duration of a terminal’s connection, the Service used, the content accessed or downloaded, or a click on a feature our Services.
Lastly, the recording of some navigation data helps us to tailor our Services to your equipment and usage by adapting the content or display of the Services to your equipment or preferences.
Who is likely to place cookies in your terminal, and for what purpose?
Kouchar app may place cookies in your terminal for various purposes: to help you to navigate our Services more easily, to administer and provide our Services to you and to deliver better and more personalized Services.The cookies we place enable us for instance:
– to adapt the display format of the content and Services to your terminal,
– to track your navigation in order to identify your preferences in terms of content,
– to offer you customized content based on your preferences identified via your navigation data,
– to recognise your terminal, so that you do not have to re-enter the same information each time you access our Services.
We collect your navigation data as and when you access and use our Services. These data are intended for us and may therefore be used by us and/or our subsidiaries and/or our contractors on our behalf, in accordance with the confidentiality and security obligations prescribed by law.
Third parties: service providers, partners, advertisers, advertising sales houses
Third parties are likely to place cookies in your terminal.We do not control the placing and use of cookies by third party companies. These companies have their own privacy policies and data collection practices. Please refer to each company’s privacy policy to better understand the controls available to you.The purpose of the third party cookies of which we are aware is to provide audience-measurement and social-sharing functions and to customize content or advertising. Measurement: audience, traffic, techniqueAudience-measurement cookies are used by third parties for us to obtain information about your browsing patterns, so as to (among other things):
– understand how you arrive at a website, and reconstruct your path;
– count the number of visitors to a Service, website page and/or Service content, with a view, in particular, to improving the content we offer;
– compile traffic and/or conversion statistics;
– follow up on invoicing by our partners (advertisers and SEM and Affiliate Marketing firms) on our Service; and
– access your user account.
These tools use technologies for tracking website users and associating a ‘referrer’ or campaign with a unique identifier.Social media share buttons
We offer you the possibility to share content of the Services with other people or render public your viewing or appreciation of such content by clicking on [social media sharing buttons] such as Recommend (Facebook, Google+), Tweet (Twitter) or Send by email.
Even if you do not use social media share buttons when visiting our Services, the social networks that provided the buttons can identify you through them. Indeed, the mere fact that your account with a social network is activated on your terminal (open session) when you browse our Services can allow the that network to monitor your navigation of our Services.
Advertising spaces Cookies are likely to be placed in your terminal through advertising spaces on our Services.
These cookies may be set at the level of the advertising content displayed in our advertising spaces either by the advertisers themselves, or by their ad serving providers (third party ad servers) such as communications consultancies, audience measuring firms and targeted advertising providers: the cookies are associated with the advertising content.
The main purposes for which advertisers and third party ad servers use cookies are:
– to count the number of displays of advertising content in our advertising spaces, identify the advertisements displayed and calculate the amounts payable to the various advertising stakeholders (communications agency, advertising sales house, publishing medium, etc.);
– to compile statistics;
– to collect navigation data on terminals browsing the Services and, for instance, limit the number of times an advertisement is displayed and/or enable advertisements to appear in a precise order;
– to recognize your terminal if and when you subsequently browse any third party website or service on which these advertisers third party ad servers also issue cookies and, if applicable, adapt these third party websites and services, or the advertisements they show, to any navigation data from your terminal that may be known to them; and– to determine whether a particular advertising campaign has produced the desired results by keeping track of how many people clicked on the advertising content or visited the advertiser’s website after seeing the advertisement on our Services.
Cookies may also be placed in our advertising spaces by the company in charge of managing our advertising spaces: the advertising sales house. These cookies enable the advertising sales house:
– to do the counting necessary to calculate the amounts to be paid to the various advertising stakeholders and to compile statistics;
– to customise the advertising spaces managed by it to your display preferences on your terminal;
– to customise the advertising content displayed on your terminal through our advertising spaces to your browsing patterns and geographic location;
– to customise the advertising content displayed on your terminal through our advertising spaces to your browsing patterns on third party websites.
How long do cookies last?
There are two types of cookies: session cookies and persistent cookies. Session cookies are created temporarily in your browser’s subfolder while you are visiting a website and are automatically deleted when you leave the site. Conversely, persistent cookies are re-activated when you return to the same website, and remain in your browser’s subfolder until they expire.
Generally, cookies have a maximum lifespan of 13 months.
How can you consent or object to cookies being placed in your terminal?
Cookies can be generated in various ways: depending on your preferences, you can authorise, refuse or disable cookies. If you disable a cookie already installed on your browser, it will not be active any more; however will disappear from your browser only at the end of its lifespan. Please note that blocking all cookies can render some of our Services unavailable to you or have a negative effect on the performance, efficiency or customization of our Services. You can express your choices and change your wishes regarding cookies, via your browser
Each browser is configured differently. You should follow the instructions given by the publisher of your browser. As of the date of revision of this Privacy Policy, these instructions are available through the following links:
Social media sharing buttons.
The data protection policies of social networks should allow you to exercise your choices regarding cookies, notably by configuring your user account settings on each such network.