Privacy Policy

1. Introduction

Thanks for choosing TRIBES!

At TRIBES, we want to give you the best possible experience to ensure that you enjoy our service. To do this we need to understand your streaming habits so we can deliver an exceptional and personalized service specifically for you. Your privacy and the security of your personal data is, and will always be, enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data - as well as outline the controls and choices you have around when and how you choose to share your personal data.

That is our objective, and this Privacy Policy (“Policy”) will explain exactly what we mean in further detail below.

2. About this Policy

This Policy sets out the essential details relating to your personal data relationship with TRIBES BV. The Policy applies to all TRIBES services and any associated services (referred to as the ‘TRIBES Service’). The terms governing your use of the TRIBES Service are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”).

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any material change to the way we collect or process your personal data we will provide you with more information or additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.

The aim of this Policy is to:

1. Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
2. Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the TRIBES Service; and
3. Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see ‘How to contact us’ below. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the TRIBES Service.

3. Your rights and your preferences: Giving you choice and control

The General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:

• Right of access - the right to be informed of, and request access to, the personal data we process about you;
• Right to rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
• Right to erasure - the right to request that we delete your personal data;
• Right to restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
• Right to object -

• the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
• the right to object to your personal data being processed for direct marketing purposes;

• Right to data portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
• Right not to be subject to automated decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

In order to enable you to learn more about these rights, exercise these rights with ease, and record your preferences in relation to how TRIBES uses your personal data, we provide the following resources:

• Privacy Settings (accessed via your account page) - allows you to exercise choices about the processing of certain personal data, and an automated ‘Download your data’ function to download basic account and usage information.
• Notification Settings (accessed via your account page) - allows you to choose which marketing communications you receive from TRIBES. You may toggle these settings to opt in or out of receiving different types of email and push notifications. Please note that email marketing messages from TRIBES include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you). Clicking on the link in an email will opt you out of further messages of that category (e.g. Artist Updates). You can use the Notification Settings page to exercise choices about all categories of email and push marketing communication.
• Cookies Policy - provides more information on how we use cookies, including for interest-based advertising. You will also find information about how you can manage your cookie preferences and opt-out of certain types of tracking; and
• Customer Support resources - We have several pages on our customer support site which provide further guidance about data protection questions. A key source of information is the Data Rights and Privacy Settings article which includes answers to “frequently asked questions” about personal data processing in the TRIBES Service.

If you have any questions about your privacy, your rights, or how to exercise them, please contact Contact Us. If you have concerns around our processing of your personal data, we hope you will continue to work with us to resolve them. However, you can also contact and have the right to lodge a complaint with your local Data Protection Authority.

4. Personal data we collect from you

We receive and store information about you such as:

• Information you provide to us: We collect information you provide to us which includes:

• your name, email address, address or postal code, payment method(s), and telephone number. In certain countries, we collect a government identification number for purposes such as billing and tax compliance. We collect this information in a number of ways, including when you enter it while using our service, interact with our customer service, or participate in surveys or marketing promotions;
• information when you choose to provide ratings, taste preferences, account settings (including preferences set in the "Account" section of our website), or otherwise provide information to us through our service or elsewhere.

• Information we collect automatically: We collect information about you and your use of our service, your interactions with us and our advertising, as well as information regarding your computer or other TRIBES capable devices you might use to access our service (such as gaming systems, smart TVs, mobile devices, set top boxes, and other streaming media devices). This information includes:

• your activity on the TRIBES service, such as title selections, shows you have watched, and search queries;
• your interactions with our emails and texts, and with our messages through push and online messaging channels;
• details of your interactions with our customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings;
• device IDs or other unique identifiers, including for devices that are TRIBES capable on your Wi-Fi network;
• resettable device identifiers (also known as advertising identifiers), such as those on mobile devices, tablets, and streaming media devices that include such identifiers (see the "Cookies and Internet Advertising" section below for more information);
• device and software characteristics (such as type and configuration), connection information, statistics on page views, referring source (for example, referral URLs), IP address (which may tell us your general location), browser and standard web server log information;
• information collected via the use of cookies, web beacons and other technologies, including ad data (such as information on the availability and delivery of ads, the site URL, as well as the date and time). (See our "Cookies and Internet Advertising" section for more details.)

• Information from partners: We collect information from other companies with whom you have a relationship (“Partners”). These Partners might include (depending on what services you use): your TV or internet service provider, or other streaming media device providers who make our service available on their device; mobile phone carriers or other companies who provide services to you and collect payment for the TRIBES service for distribution to us or provide pre-paid promotions for the TRIBES service; and voice assistant platform providers who enable interaction with our service through voice commands. The information Partners provide us varies depending on the nature of the Partner services, and may include:

• search queries and commands applicable to TRIBES that you make through Partner devices or voice assistant platforms;
• service activation information such as your email address or other contact information;
• IP addresses, device IDs or other unique identifiers, as well as associated pre-paid promotion, billing and user interface information, that support user authentication, the TRIBES service registration experience, Partner payment processing, and the presentation of TRIBES content to you through portions of the Partner user interface.

• Information from other sources: We also obtain information from other sources. We protect this information according to the practices described in this Privacy Statement, plus any additional restrictions imposed by the source of the data. These sources vary over time, but could include:

• service providers that help us determine a location based on your IP address in order to customize our service and for other uses consistent with this Privacy Statement;
• payment service providers who provide us with payment information, or updates to that information, based on their relationship with you;
• online and offline data providers, from which we obtain aggregated demographic, interest based and online advertising related data;
• publicly-available sources such as publicly available posts on social media platforms and information available through public databases associating IP addresses with internet service providers (ISPs).

5. What we use your personal data for

We use information to provide, analyze, administer, enhance and personalize our services and marketing efforts, to manage member referrals, to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we use such information to:

• determine your general geographic location, provide localized content, provide you with customized and personalized viewing recommendations for movies and TV shows we think will be of interest to you, determine your ISP to support network troubleshooting for you (we also use aggregated ISP information for operational and business purposes), and help us quickly and efficiently respond to inquiries and requests;
• coordinate with Partners on making the TRIBES service available to members and providing information to non members about the availability of the TRIBES service, based on the specific relationship you have with the Partner;
• prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce our terms (such as determining whether and for which TRIBES signup offers you are eligible);
• analyze and understand our audience, improve our service (including our user interface experiences) and optimize content selection, recommendation algorithms and delivery;
• communicate with you concerning our service so that we can send you news about TRIBES, details about new features and content available on TRIBES, special offers, promotional announcements, consumer surveys, and to assist you with operational requests such as password reset requests. These communications may be by various methods, such as email, push notifications, text message, online messaging channels, and matched identifier communications (described below). Please see the "Your Choices" section of this Privacy Statement to learn how to set or change your communications preferences.

Our legal basis for collecting and using the personal information described in this Privacy Statement will depend on the personal information concerned and the specific context in which we collect and use it. We will normally collect personal information from you where we need the personal information to perform a contract with you (for example, to provide our services to you), where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (for example, our direct marketing activities in accordance with your preferences), or where we have your consent to do so (for example, for you to participate in certain consumer insights activities like specific surveys and focus groups). In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for example, to prevent payment fraud or confirm your identity). For questions about our use of your personal information (including legal bases and transfer mechanisms we rely on), cookies or similar technologies, please If you have any questions about your privacy, your rights, or how to exercise them, please contact Contact Us.

6. Sharing your personal data

We disclose your information for certain purposes and to third parties, as described below:

• Service Providers: We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services (which includes maintaining and improving their services).

• Partners: As described above, you may have a relationship with one or more of our Partners, in which case we may share certain information with them in order to coordinate with them on providing the TRIBES service to members and providing information about the availability of the TRIBES service. For example, depending on what Partner services you use, we may share information:

• in order to facilitate Partner pre-paid promotions or collection of payment for the TRIBES service for distribution to us;
• with Partners who operate voice assistant platforms that allow you to interact with our service using voice commands;
• so that content and features available in the TRIBES service can be suggested to you in the Partner’s user interface. For members, these suggestions are part of the TRIBES service and may include customized and personalized viewing recommendations.

• Promotional offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.

• Protection of TRIBES and others: TRIBES and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of TRIBES, its users or the public, as required or permitted by law.

Whenever in the course of sharing information we transfer personal information to countries outside of the European Economic Area and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Statement and as permitted by the applicable laws on data protection.

You may also choose to disclose your information in the following ways:

• certain portions of our service may contain a tool which gives you the option to share information by email, text message and social or other sharing applications, using the clients and applications on your smart device;
• social plugins and similar technologies allow you to share information.

Social plugins and social applications are operated by the social networks themselves, and are subject to their terms of use and privacy policies.

7. Data retention and deletion

We keep your personal data only as long as necessary to provide you with the TRIBES Service and for legitimate and essential business purposes, such as maintaining the performance of the TRIBES Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the TRIBES Service. For example, we keep your playlists, song library, and account information.

If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:

• If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
• Where we need to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
• Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

8. Keeping your personal data safe

We are committed to protecting our users’ personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.

Your password protects your user account, so we encourage you to use a strong password that is unique to your TRIBES account, never share your password with anyone, limit access to your computer and browser, and log out after having used the TRIBES Service.

9. Changes to this Policy

We may occasionally make changes to this Policy.

When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the TRIBES Service or by sending you an email and/or a device notification. We may notify you in advance.

Please, therefore, make sure you read any such notice carefully.

10. Contact us

If you have any questions concerning the TRIBES Privacy Policy, please contact TRIBES Customer Service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy TRIBES!

Contracting entity:

TRIBES MEDIA BV

Tweede Jan vd Heijdenstr 5 3

1073 VE

Amsterdam

KVK-nummer:        64148068

Vestigingsnr: 000032999585