Terms of Use



Terms of Use for the Deezer Free Service

Article 1 – General

Welcome to the Terms of Use for the Deezer Free Service, which includes the website accessible at http://www.deezer.com (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”).

The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter “DEEZER”) a French corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – FRANCE.

To access and use the Deezer Free Service, the user must (i) be at least 16 years old (ii) register and create a personal account and (iii) at the time of registration, accept these conditions of use (including the Privacy Policy) (hereinafter the “Terms”) without reservation.

The use of the Site and Application is only authorised for a personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.

Article 2 – Presentation of the Deezer Free Service

The Deezer Free Service is a free advertising-funded on-demand service for streaming sound Recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the “Recordings”), with no download or tethered download features, with audio and display advertising, on any device (whether portable or non-portable) on an unlimited basis (hereinafter the “Deezer Free Service”) to each registered user (hereinafter the “Deezer Free User”).

The Deezer Free Service includes personalised music, playlists and other content recommendations.

Streaming is possible track by track, by creating playlists, or via radio stations.

Article 3 – Access to and use of the Deezer Free Service

The use of the Deezer Free Service requires a high-speed Internet connection for personal computers and an Internet service for portable devices. These connections are not provided by DEEZER, therefore the Deezer Free User must first subscribe to a high-speed Internet and/or mobile Internet offer in order to use the Deezer Free Service.

A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.

The music catalogue available as part of the Deezer Free Service is linked to the agreements in force with the rights-holders and may therefore change. DEEZER cannot guarantee the availability of any given track or album or any artist or group in the Deezer Free Service catalogue.

Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer Free Service catalogue will be available indefinitely. DEEZER assumes no liability for the withdrawal of any part of the catalogue content made available.

As a Deezer Free User, you can activate the Deezer Free Service on a personal computer (PC or Mac) and a compatible portable device. The Deezer Free Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.

Article 4 – Availability and modification of the Deezer Free Service

The Deezer Free Service can be accessed 24 hours a day, seven days a week, within the limits of the Terms and in particular the terms of Article 9 hereunder.

However, DEEZER has the right to make any changes or improvements to the Deezer Free Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer Free Service.

In addition, DEEZER has the right to temporarily remove access to the Deezer Free Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of the Deezer Free Service. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Any permanent shutdown of the Deezer Free Service will be notified via the Site or via the Application.

Article 5 – Terms of access to the Deezer Free Service

The Deezer Free User declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).

Article 6 – Deezer Free User’s liability

i) Each Deezer Free User can post messages, information and/or comments on the Site and the desktop Application. The Deezer Free User is liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Deezer Free User on the Site or desktop Application, over which DEEZER has no control or supervision.

To avoid being held liable, the Deezer Free User expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):

- Does not infringe third party intellectual property rights; the member therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;

- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;

- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;

- Does not infringe any right to privacy or promote disrespect for human dignity;

- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;

- Does not harass other Users;

- Does not promote or encourage any criminal activity or enterprise;

- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;

- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;

- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;

- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.

ii) The Deezer Free User agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.

iii) The Deezer Free User is solely responsible for keeping his/her password safe and confidential; he/she further undertakes not to disclose his/her password at any time to any other User or use the account, name or password of any other User.

iv) The Deezer Free User certifies the accuracy of the information given to DEEZER for his/her registration and agrees to notify any modification.

v) The Deezer Free User recognises that if his/her use of the Site or Application is in breach of the Terms and more broadly any third-party rights, laws and regulations in force, DEEZER has the right to immediately suspend or remove him/her from the Deezer Free Service and/or block his/her access to the Deezer Free Service without notice.

vi) If the Deezer Free User breaches the applicable legislation or infringes any third-party rights, DEEZER has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).

Article 7 – Privacy and cookie policy

7.1 Purpose

This section sets out DEEZER’s commitments with regard to protecting the privacy and personal data of its members, subscribers or visitors (hereinafter referred to collectively as the “Users”) collected and processed during the use of the Site and the Application under the conditions set out in the Terms of Use and Sale for the Services (hereinafter the “Data”).

DEEZER undertakes to comply with the applicable legislation relating to the protection of privacy, particularly Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to collectively as the “Applicable Regulation”).

The User acknowledges that, by using the Site and/or the Application and/or by using one of the free or paid services made available by DEEZER (hereinafter the “Services”), his/her Data are collected and processed according to the terms and conditions set out hereinafter.

This policy (the “Policy”) forms an integral part of the Terms of Use and Sale for DEEZER’s Services and may be modified at any time, in particular to ensure compliance with any legislative, regulatory, case law, editorial or technical changes.

The User must therefore refer to the latest version of the Policy before any use of the Services.

7.2 Identity of the Data controller

The Data controller is DEEZER SA, a limited company with share capital of 197,556.69 euros, listed on the Paris Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – France.

The Data are in particular stored by the host of the Site identified in the Legal Notice.

7.3 Data collected

DEEZER may collect Data relating to the Users in order to provide its Services.

7.3.1 Data provided directly by the User

During his/her registration and use of the Services, the User provides various Data directly to DEEZER. These Data include in particular:

• The Data necessary for the creation of the User account such as a username, email address, age, gender, login details via third-party services (Facebook, Google+) and a password allowing the User to be identified.

The User is informed on the Data collection forms whether the collection of said Data is mandatory or optional. If a mandatory field is not completed, DEEZER will not be able to process the registration or provide the Services.

• The User account personalisation Data such as first name, surname, postal address, telephone number, date of birth, profile picture, musical preferences, favourite content (artists, albums, tracks, radio stations, podcasts, liked tracks, disliked tracks).

• The Data from the User account Settings such as the “Privacy settings” and “Alerts & sharing”.

7.3.2 Data collected automatically by DEEZER

During the use of the Services, DEEZER collects Data relating to the connection, browsing, interaction with the advertisements displayed, or the use of the Services.

A. Data relating to interaction with the Services

These Data include in particular:

• Favourite content (artists, albums, tracks, radio stations, podcasts), listening history, playlists created or followed (public or private);
• Data about interaction with other users of the Services such as comments on an artist or album page, the users whose activity the User has decided to follow, or the users who decide to follow the User’s activity (subject to the User’s privacy settings).

B. Data that DEEZER collects in relation to the commercial relationship

For the entire duration of the commercial relationship, DEEZER collects various Data for the management of the commercial relationship and for invoicing.

• Invoicing and transaction Data

If the User has subscribed to one of the paid Services, DEEZER collects the Data necessary for the purposes of invoicing, managing transactions and accounting. These Data vary depending on the payment method and the company responsible for collecting payment (for example, if payment is made through a telecommunications operator). They include in particular information relating to the type of subscription(s) and the payment method, and details of the transaction carried out.

DEEZER does not have access to credit card details, which are hosted by the payment service provider that handles the User’s account.

• Customer Service interaction Data

In the event of interaction with Customer Service, it may collect certain Data in order to process the User’s request.

These include in particular the Data allowing Customer Service to identify the User (DEEZER username, surname, first name), the date, time and reason for the User’s request, the content of exchanges with Customer Service and the additional Data necessary for handling the request, as the case may be.

C. Connection and navigation Data

Data relating to any device used to access the Services and the manner in which the User interacts with the Services and the advertisements displayed thereon. These Data include in particular:

• Data collected automatically

These Data particularly include the following:

• the ID or unique device identifiers (including mobile devices) used to access the Services; the characteristics of the devices and software (type and version of the operating system, or the language used on the device) used to connect to the Services.
• the Data relating to connection to the Services, including:
• the type of connection to the Services (3G, 4G, LTE, WiFi, offline),
• the Internet service provider,
• statistics about the pages of the Services displayed,
• the IP address (indicating the country and city of connection).
• the level of activity or inactivity on the Services.
• Data collected via cookies and other trackers (for more information, see Article 8, “Cookies and other trackers”).

D. Data collected from other sources

- Via telecommunications operators: some Users access the Services through offers provided by mobile network operators. In this situation, the operator shares certain Data with DEEZER (for example the email address or username used) in order to allow these Users to access the Service for which they are eligible depending on their subscription type.

- Via sales and marketing partners: DEEZER allows its Users to access the Services on several types of audio device (speakers, car radios, etc.) through partnerships with the manufacturers of these devices. In this situation, these partners may in particular share with DEEZER Data relating to the User’s listening activities on these devices. Other types of partnership allow DEEZER and its advertising partners to conduct joint marketing activities in particular.

- Via sub-contractors: sub-contractors also collect Data relating to the Users on behalf of DEEZER that target their interests and online activities in order to offer them personalised adverts in particular.

E. Data relating to the User’s participation in marketing operations

If the User takes part in a competition or event organised by DEEZER, the Data used to register and participate in said competition or event are collected.

7.4 “Public” or “private” profiles

Certain Data from the User profile may be visible on the Site and Application.

Each User can manage the level of privacy of his/her account.

The User may therefore choose to make his/her account “private” in the Account settings. In this case, only his/her username will remain “public”.

The User may also choose to make his/her playlists “private” at the time of creation, or after they have been created, by clicking on the “Edit” button.

By default, the User is informed that his/her profile is “public”, which means that certain Data can be seen by all users or visitors to the Site and Application. This is the case for the following information in particular: username, profile picture, the users followed by the User (username and photo), the users who follow the User (photo and username), playlists, albums and podcasts, and favourite tracks and artists.

7.5 Purpose of processing

DEEZER gathers, collects and stores the Data as set out above for the following purposes:

• Supplying the Services and ensuring that they function properly;
• Improving or optimising the Services or offering new features;
• Personalising the Services according to the User’s preferences, location, tastes and interests (declared or deduced), resulting from his/her use of the Services, the information provided, his/her interactions with the Services and his/her browsing of the Services;
• Informing the User of DEEZER’s offers and news;
• Informing the User of DEEZER partners’ offers and news;
• Handling the User relationship via Customer Service;
• Handling invoicing and payment operations;
• Personalising the advertisements displayed on the Services and on third-party services;
• Measuring the audience of the Services;
• Organising competitions and promotional operations;
• Making available sharing tools for social networks where the User has agreed to the sharing of such information;
• Carrying out customer satisfaction surveys;
• Carrying out statistical, selection and segmentation analysis of Users to improve the Services;
• Allowing the User to exercise their rights as described in Article 7.10 of this Policy;
• Combating fraud and non-payment;
• Ensuring the security of the Site, the Application and the Services.

7.6 Recipients of the Data

The Data collected or processed during the use of the Services by the User are sent to DEEZER entities, to the approved, authorised persons within DEEZER who, due to their role, need to have access to such Data for the purposes of processing described above, as well as:

- DEEZER’s service providers, in order to ensure the satisfactory supply of the Services. For example, DEEZER relies on service providers to verify the student status of visitors who subscribe to Deezer Student, or to supply payment methods.

- The technical sub-contractors chosen by DEEZER, who may, on behalf of and on instructions from DEEZER, host and store the User’s Data on their servers and ensure the security of DEEZER’s technical infrastructure.

- DEEZER’s partners: certain partners, such as telecommunications operators, the manufacturers of audio devices or marketing partners, may process Data in order to supply the Services and implement joint communication plans. In the same way, DEEZER communicates Data to social networks in order to promote the Services.

- Social networks, if the User has expressly consented to the linking of his/her User account with his/her social network accounts at the time of registration on the Site or Application, or by changing his/her User account settings to this effect in the “Alerts & sharing” section (to access this section, click here).

- Third-party applications accessible from the Site or Application, if the User has given his/her express prior consent during the use of each application.

- Administrative or judicial authorities: DEEZER may communicate information relating to its Users, including Data, to the administrative or judicial authorities, particularly if said Data is requisitioned.

7.7 Cross-border Data transfers outside the European Union

During the processing of the Data, DEEZER may transfer them to its servers located in the United States of America.

The User is informed that the Data may be transferred within the DEEZER group to a country other than his/her country of residence and in particular outside the European Union. The Data are transferred in accordance with the Applicable Regulation.

The User is also informed that the Data may be transferred to service providers, sub-contractors and partners located outside the European Union. Prior to the transfer, and in accordance with the Applicable Regulation, DEEZER shall take the measures required to obtain the necessary guarantees for the security of such transfers to countries that do not provide an adequate level of protection, such as contractual clauses.

For more information on cross-border data transfers, the User may contact the Data Protection Officer at the following address: privacy@deezer.com.

7.8 Data security

In accordance with the Applicable Regulation, DEEZER will take all necessary measures to process the Data securely and confidentially.

In particular, DEEZER will implement the technical and organisational measures that will guarantee the security and confidentiality of the Data collected and processed, and in particular prevent them from being distorted, damaged or disclosed to unauthorised third parties, by ensuring a level of security that is appropriate to the risks linked to the processing and the nature of the Data, taking into consideration the technicality and cost of such implementation.

DEEZER cannot however guarantee the confidentiality of Data made public by the User.

The Services may include links to third-party websites or external sources. The User acknowledges that the Policy only applies to the use of the Services, and does not in any way cover the Data collected and/or processed by the third-party websites or external sources to which the Services might link. Consequently, DEEZER cannot be held liable for the personal data collection and processing practices of such websites or external sources, which are governed, as the case may be, by data protection policies specific to each of these websites or external sources.

7.9 Data storage period

DEEZER undertakes not to keep the User’s Data for longer than strictly necessary for the purposes envisaged, in accordance with the Applicable Regulation.

DEEZER undertakes to store, anonymise and delete the Data as soon as the purpose envisaged or storage period expires.

The maximum storage periods apply unless a request for erasure or termination of processing is made before the expiry of these periods (in accordance with the rights described in Article 7.10 below). However, at the end of these periods, the Data may be subject to temporary storage in order to satisfy our legal, accounting and tax obligations.

CATEGORY OF DATA CONCERNED	PURPOSE	STORAGE PERIOD	LEGAL BASIS
*Data necessary to create an account *User account personalisation Data *User account settings Data *Data relating to interaction with the Services *Commercial relationship management Data *Data collected from other sources *Connection and navigation Data	*To provide, improve and personalise the Services	*For the duration of the commercial relationship with the User and for 3 years after it ends	As the case may be: *Performance of the contract *Legitimate interests
*Data necessary to create an account *User account settings Data *User account personalisation Data	*To inform the User of offers and news about Deezer Services and its partners *Customer satisfaction surveys	*For the duration of the commercial relationship and for 3 years after it ends	As the case may be: *Legitimate interests *Consent
*Data necessary to create an account *Invoicing and transaction Data *Data processed by Customer Service	*To manage the User relationship	*5 years from the closing of the claim	*Performance of the contract
*Data necessary to create an account *Invoicing and transaction Data	*To handle invoicing and payment operations *To prevent fraud and non-payment	*Up to 10 years from the end of the commercial relationship	As the case may be: *Performance of the contract *Compliance with a legal obligation *Legitimate interests
*Connection and navigation Data *Data necessary to create an account *Data collected from other sources	*Statistics and analysis *Personalisation of adverts	*The duration of the commercial relationship, with a maximum of 13 months for trackers	As the case may be: *Legitimate interests *Consent

7.10 Rights to the Data

Articles 14 to 22 of Regulation (EU) 2016/679 of 27 April 2016 grant Users the following rights:

- The right to access the Data,

- The right to rectification of the Data,

- The right to object to the collection and processing of the Data,

- The right to erasure of the Data,

- The right to restrict the collection and processing of the Data,

- The right to Data portability.

The User may exercise his/her rights by sending a request by email to privacy@deezer.com or by post to the following address: DEEZER S.A – Legal Department – 12 rue d'Athènes 75009 Paris – FRANCE.

The User is informed that exercising certain rights, in particular the right to object and the right to erasure, may restrict or prevent access to and/or use of the Services.

DEEZER reserves the right to verify the User’s identity.

7.11 Minors

Users who have a Deezer Family master profile, who have parental authority or parental authorisation for minors under 16 years of age, are entitled to open profiles within their Deezer Family account on the conditions described in Article 20 of the Terms of Use and Sale for the Deezer Premium Service. In so doing, they authorise the potential collection and processing of Data concerning the minors on whose behalf they are acting.

7.12 Contact details and Claims

Contact details

For all claims regarding the processing of his/her Data, the User may send a request to DEEZER’s Data Protection Officer by email to dpo@deezer.com or by post to the following address: 12 rue d'Athènes 75009 Paris – FRANCE.

The Data Protection Officer ensures the enforcement of the Applicable Regulation and the Policy.

Claims

In the absence of a reply or if the User is not satisfied with the reply given, he/she may lodge a complaint with the relevant data protection authority in the member state of the European Union in which he/she has his/her habitual residence.

COUNTRY	DATA PROTECTION AUTHORITY	WEBSITE
Austria	Österreichische Datenschutzbehörde	http://www.dsb.gv.at/
Belgium	Commission de la protection de la vie privée	http://www.privacycommission.be/
Bulgaria	Commission for Personal Data Protection	http://www.cpdp.bg/
Croatia	Croatian Personal Data Protection Agency	http://www.azop.hr/
Cyprus	Commissioner for Personal Data Protection	http://www.dataprotection.gov.cy/
Czech Republic	The Office for Personal Data Protection	http://www.uoou.cz/
Denmark	Datatilsynet	http://www.datatilsynet.dk/
Estonia	Estonian Data Protection Inspectorate	http://www.aki.ee/en
Finland	Office of the Data Protection Ombudsman	http://www.tietosuoja.fi/en/
France	Commission Nationale de l’Informatique et des Libertés	http://www.cnil.fr/
Germany	Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit	http://www.bfdi.bund.de/
Greece	Hellenic Data Protection Authority	http://www.dpa.gr/
Hungary	Data Protection Commissioner of Hungary	http://www.naih.hu/
Ireland	Data Protection Commissioner	http://www.dataprotection.ie/
Italy	Garante per la protezione dei dati personali	http://www.garanteprivacy.it/
Latvia	Data State Inspectorate	http://www.dvi.gov.lv/
Lithuania	State Data Protection	http://www.ada.lt/
Luxembourg	Commission Nationale pour la Protection des Données	http://www.cnpd.lu/
Malta	Office of the Data Protection Commissioner	http://www.dataprotection.gov.mt/
Netherlands	Autoriteit Persoonsgegevens	https://autoriteitpersoonsgegevens.nl/nl
Poland	The Bureau of the Inspector General for the Protection of Personal Data – GIODO	http://www.giodo.gov.pl/
Portugal	Comissão Nacional de Protecção de Dados – CNPD	http://www.dataprotection.ro/
Romania	The National Supervisory Authority for Personal Data Processing	http://www.dataprotection.ro/
Slovakia	Office for Personal Data Protection of the Slovak Republic	http://www.dataprotection.gov.sk/
Slovenia	Information Commissioner	https://www.ip-rs.si/
Spain	Agencia de Proteccion de Datos	https://www.agpd.es/
Sweden	Datainspektionen	http://www.datainspektionen.se/
United Kingdom	The Information Commissioner’s Office	https://ico.org.uk

Article 8 – Cookies and other trackers

8.1 What is a tracker?

A tracker is a cookie, beacon, tag, invisible pixel or any other system capable of storing and/or collecting information relating to navigation on the User’s terminal (computer, tablet, etc.) and/or their activity and the advertisements displayed on the Services, subject to their prior consent and except where the User has objected.

8.2 Purposes of the trackers used on the Services

Trackers allow the Services to recognise the User, guide navigation through a particular page and offer the User additional services, such as improving the browsing experience, ensuring the security of his/her connection or personalising page content based on his/her interests.

Trackers allow the storage of information relating to the registration or access to Services, the implementation of security measures or even the adaptation of the presentation of the Services to meet the display preferences of the terminal (language, operating system, etc.). They also allow access to the personal account.

Trackers allow the creation of statistics, logs of visits to and use of the various parts that make up the Services (pages and content visited, path taken), as well as the creation of surveys to improve the content offered on the Services.

Advertising trackers allow the analysis of the use of the Services and the advertisements displayed in order to display advertisements that are appropriate to the User’s interests on the Services or on partner sites. These trackers allow more particularly (i) the identification and counting of the advertisements displayed, (ii) the counting of the number of Users who click on each advertisement and (iii), as the case may be, the tracking of the subsequent actions carried out by those Users on the pages to which the advertisements lead.

DEEZER may also give its partners access to the Data collected through trackers so that they can carry out consumer behaviour studies.

DEEZER authorises certain commercial partners to insert advertising trackers into the Services and/or into the advertisements displayed. The insertion and use of trackers are subject to the privacy policies of these third parties. For example, trackers are inserted by the company Smart Adserver, subject to the User’s agreement, in order to optimise the display of advertisements. The use of these trackers is subject to the privacy policies of Smart Adserver, which can be consulted here. DEEZER includes social network applications in its Services, which allow the User to share content from the Site or the Application with other people or to make these other people aware of what they are listening to or their opinion regarding content from the Services. This is particularly the case with the “Share” and “Like” buttons on social networks such as Facebook, Twitter, etc.

The social network that supplies such an interactive button is likely to identify the User through this button, even if the User has not used this button during his/her use of the Services.

DEEZER invites the User to consult the privacy policies of these social networks to find out the purposes, in particular advertising purposes, for which the navigation information collected through these interactive buttons might be used. These privacy policies must in particular allow the User to exercise their choice on these social networks, in particular by changing the settings of his/her user account on each of these networks.

8.3 Types of Data collected by trackers

The information stored by cookies and other trackers, for a limited period (see Article 7.9 above), relates in particular to the pages visited, the advertisements on which the User has clicked, the type of browser used and the information entered on a site, in order to avoid having to enter it again.

8.4 User’s acceptance or rejection of trackers

The User may at any time express and modify his/her wishes regarding trackers.

The User may configure his/her browser to accept or reject trackers from DEEZER or third parties, on a case-by-case basis, or on a permanent basis.

The setting chosen might modify and/or restrict access to and use of the Services.

DEEZER does not accept any liability for the consequences of impaired operation of the Services resulting from DEEZER’s inability to save or consult the trackers necessary for the operation of the Site and/or the Application that are rejected or deleted by the User.

In order to make a decision regarding his/her browser, the User may consult the following pages:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• Safari™: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
• Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
• Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Opera™: http://help.opera.com/Windows/10.20/en/cookies.html

The User may also configure the settings on his/her browser so that it sends a code to websites indicating that he/she does not wish to be tracked (the “Do Not Track” option). For:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17288/windows-internet-explorer-11-use-do-not-track
• Safari™: https://support.apple.com/en-gb/guide/safari/prevent-tracking-sfri40732/mac
• Chrome™: https://support.google.com/chrome/answer/114836?
• Firefox™: https://support.mozilla.org/en-US/kb/how-do-i-turn-do-not-track-feature
• Opera™: http://help.opera.com/Windows/12.10/en/notrack.html

DEEZER provides the User with a tool for controlling tracker settings during the use of the Services: Privacy settings.

If the User wishes to obtain further information on cookies and other trackers, his/her rights and how to block them, he/she may consult the http://www.youronlinechoices.eu/ website.

Article 9 – Disclaimer of warranties

The Deezer Free User declares that he has been informed of the scope and limitations of the Internet network.

As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer Free Service, the speed at which the pages of the Site and/or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Deezer Free Service, and the fraudulent use by third parties of the information provided on the Site or Application.

It is therefore the Deezer Free User’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which DEEZER can never be held liable. DEEZER can never be held liable for any malfunction of or damage caused to the Deezer Free User’s equipment.

More broadly, DEEZER disclaims any liability if a breach of any of its obligations results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.

DEEZER disclaims all liability should it transpire that the Deezer Free Service is incompatible with certain equipment and/or features of the Deezer Free User’s equipment.

Finally, the Deezer Free User is solely liable for his/her use of the Deezer Free Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Deezer Free User shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against DEEZER by a third party in relation to the Deezer Free User’s use of the Deezer Free Service.

Article 10 – Intellectual property

The general structure of the Site, the Application, the Deezer Free Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).

These elements are protected by intellectual property law and other laws, and particularly copyright. You may only use these elements for the purpose of using the Deezer Free Service, in accordance with the Terms.

Any representation of all or part of the Site, the Application, the Deezer Free Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.

Any hyperlink to the Site and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair use of a DEEZER account (such use for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited.

The Recordings on the Deezer Free Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Deezer Free User liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.

The Deezer Free User acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.

The Deezer Free User agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).

Article 11 – Suspension and/or cancellation initiated by DEEZER or the Deezer Free User

Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Free Service by a Deezer Free User and/or cancel his/her subscription to the Deezer Free Service without notice or compensation, in the event that the Deezer Free User:

- Does not comply with the Terms and especially:

o Infringes DEEZER’s or its licensors’ intellectual property rights;

o Bypasses or attempts to bypass the protective technical measures set up by DEEZER;

o Uses multiple simultaneous connections with the same account or attempts to do so;

o Provides false information at the time of his/her subscription to the Deezer Free Service.

- Carries on activities prejudicial to DEEZER’s commercial interests.

The Deezer Free User may delete his/her account at any time from the Site through “My account”.

Article 12 – Amendments of the Terms

DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Deezer Free User by email to the email address given on the Deezer Free User’s account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Deezer Free User does not accept these amendments, he/she will be free to delete his/her account on the Site as mentioned in Article 11 above. Unless the Deezer Free User deletes his/her account, the amended Terms will come into effect one (1) month following receipt of notification of the amendment of the Terms.

Article 13 – Customer Service department

As part of his/her access to and use of the Deezer Free Service, DEEZER provides the Deezer Free User with a community, accessible through the deezercommunity.com website (the “Community”) where the Deezer Free User will in particular be able to find information regarding the Deezer Free Service and interact with other Deezer Free Users.

As part of the Community, the Deezer Free User will in particular be able to:

- consult and contribute to a forum through posts, reactions and comments;

- post images, links and other content;

- interact with other Deezer Free Users, DEEZER’s moderators, and/or Customer Service through comments and/or private messages.

Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.deezercommunity.com/site/terms.

As part of his/her access to and use of the Deezer Free Service, DEEZER also provides the Deezer Free User with a customer support service that can answer any questions the Deezer Free User might have about his/her account and the Services made available by DEEZER (the “Customer Service”).

The Deezer Free User will be able to request information about (this list is not exhaustive):

- his/her access to and use of the Services provided by DEEZER;

- his/her account and changing his/her account information.

The Deezer Free User can contact DEEZER through the Site by clicking on the “Contact us” section or writing to the following address:

Deezer
12 rue d'Athènes 75009 Paris
FRANCE

Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Deezer Free User’s expectations, or that the Deezer Free User will be fully satisfied with the response.

Article 14 – Invalidity of any clause

Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 15 – Jurisdiction – Claims and disputes

These Terms are governed by the law of the country where the Deezer Free User has his/her habitual residence.

Any claim relating to the application of these Terms must be emailed to Customer Service via the Site by clicking the link http://www.deezer.com/support, or sent by post to Deezer – Customer Service – 12 rue d'Athènes 75009 Paris – FRANCE, for prompt processing.

For Deezer Free Users residing in a member state of the European Union, should a claim made by a Deezer Free User not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Deezer Free User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.

In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Deezer Free User has his/her habitual residence.



Terms of Use and Sale for the Deezer Web Service

Article 1 – General

Welcome to the Terms of Use and Sale for the Deezer Web Service, which includes the website accessible at http://www.deezer.com (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”).

The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter “DEEZER”) a French corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – FRANCE.

These conditions of use and sale (hereinafter the “Terms”) govern exclusively the Deezer Web Service provided by DEEZER. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services – free or paid – offered on the Site.

The purpose of these Terms is to define the contractual and commercial relationship between DEEZER, on the one hand, and any subscriber to the Deezer Web Service (hereinafter the “Subscriber”), on the other hand.

The use of the Site, the Application and the Deezer Web Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.

Subscription and access to the Deezer Web Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.

Article 2 – Presentation of the Deezer Web Service

The Deezer Web Service is a service offered and operated by DEEZER that makes it possible, subject to consent to these Terms, from a personal computer only, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the “Recordings”) in higher quality audio (than is made available through DEEZER’s other services, where available) and without any advertisements. As the Deezer Web Service is not accessible via DEEZER’s mobile and tablet applications, the Subscriber will only have access to the Deezer Free Service via these applications.

The Deezer Web Service includes personalised music, playlists and other content recommendations.

From the Site, once the Subscriber has signed up, he/she has access to all the features of the Deezer Web Service.

The main characteristics of the Deezer Web Service are as follows:

- Unlimited access to listen to the Recordings on the Deezer Web Service;

- No advertising;

- High quality sound.

The Deezer Web Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.

Once the subscription has expired or has been cancelled, unlimited access and listening are no longer authorised.

The Recordings can be streamed throughout the entire subscription period, but cannot be downloaded, transferred to or burned onto any medium whatsoever.

DEEZER informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site.

Article 3 – Use of the Deezer Web Service

The use of the Deezer Web Service requires a high-speed Internet connection. These connections are not provided by DEEZER, therefore the Subscriber must first subscribe to a high-speed Internet service in order to use the Deezer Web Service.

The music catalogue available as part of the Deezer Web Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. DEEZER cannot guarantee the availability of any given track or album or any artist or group in the Deezer Web Service catalogue. Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer Web Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.

The Subscriber can activate the Deezer Web Service on a personal computer (PC or Mac). The Deezer Web Service is only accessible from one connection at a time. DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.

Article 4 – Availability and modification of the Deezer Web Service

The Deezer Web Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.

The Recordings made available within the Deezer Web Service are determined based on the country where the Subscriber has subscribed to the Deezer Web Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer Web Service from a member state of the European Union will have access to the same content in the same manner when using the Deezer Web Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.

Any Subscriber who has subscribed to the Deezer Web Service outside the European Union will also be given access to the same content in the same manner when using the Deezer Web Service while temporarily present in another country, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.

DEEZER has the right to make any changes or improvements to the Deezer Web Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer Web Service.

In addition, DEEZER has the right to temporarily remove access to the Deezer Web Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that DEEZER cannot be held liable and thus waives any right to compensation and/or action against DEEZER in that respect. Notice of temporary interruptions in the Deezer Web Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER is also entitled to shut the Deezer Web Service down permanently with no compensation payable. Notice of the permanent shutdown of the Deezer Web Service will be given via the Site, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Deezer Web Service shutdown.

Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to the Deezer Premium Service

5.1 No right of withdrawal (cooling-off period)

The Subscriber expressly recognises and accepts that the supply of the Deezer Web Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.

5.2 Period

DEEZER offers a monthly subscription (or any other duration depending on the offers made on the Site). Some trial or discovery periods of the Deezer Web Service of a different duration may be offered on the Site, temporarily or not. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.

5.3 Renewal

Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.

Unless stated otherwise on the Site or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price stated in the offer or, otherwise, at the price applicable to the monthly subscription to the Deezer Web Service.

5.4 Cancellation

Where a subscription is taken out directly from the Site, in order to cancel his/her subscription the Subscriber must go to his/her account and click “Cancel my subscription”. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber’s account, unless stated otherwise on the Site.

If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the “My account” section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.

5.5 Upgrade to the Deezer Premium Service

If the Subscriber switches from the Deezer Web Service to the Deezer Premium Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer Premium Service subscription, regardless of whether the subscription period for the Deezer Web Service has come to an end, meaning that if the Subscriber is upgrading to the Deezer Premium Service during the Deezer Web Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Deezer Web Service.

There will be no refund of the price paid for the Deezer Premium Service subscription due to the upgrade.

Article 6 – Terms of access to the Deezer Web Service

The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).

The Subscriber declares that he/she is a resident in a country where the Deezer Web Service is available and that he/she is the owner of a credit card issued by a bank in the same country.

Article 7 – Creation of an account

In order to subscribe to the Deezer Web Service, every Subscriber must:

- Create an account on the Site or, if the Subscriber is already registered, log into the Site;

- Provide the information requested on the subscription form;

- Give his/her consent to the Terms;

- Pay the price for his/her subscription via one of the payment systems offered;

- Confirm his/her subscription.

The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site and the Deezer Web Service.

Once his/her registration has been approved, DEEZER will send the Subscriber a confirmation email to the email address given at the time of registration.

Subject to the other conditions of the Terms, subscription to the Deezer Web Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Subscriber saves and/or prints out this email.

The Subscriber can change the password given on his/her account at any time by clicking the “My information” section.

The Subscriber agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer Web Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the “My information” section.

The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.

The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.

Article 8 – Price

The subscription price is indicated on the Site and includes all taxes.

DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Deezer Web Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.

Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer Web Service. The same will apply should a new tax be created, based on the price of the Deezer Web Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer Web Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.

Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Deezer Web Service are not borne by DEEZER and are payable solely by the Subscriber.

Article 9 – Payment of the price

Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).

Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or DEEZER.

For optimised transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers.

Unless the Subscriber provides evidence to the contrary, the computerised records kept within the computer systems of DEEZER and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and DEEZER. This information shall be treated as valid proof between the Subscriber and DEEZER unless the Subscriber is able to provide written proof to the contrary.

Article 10 – Subscriber liability

i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which DEEZER has no control or supervision.

To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):

- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;

- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;

- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;

- Does not infringe any right to privacy or promote disrespect for human dignity;

- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;

- Does not harass other Users;

- Does not promote or encourage any criminal activity or enterprise;

- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;

- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;

- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;

- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.

ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.

iii) If the Subscriber breaches any law or infringes any third-party rights, DEEZER has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).

Article 11 – Disclaimer of warranties

The Subscriber declares that he has been informed of the scope and limitations of the Internet network.

As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer Web Service, the speed at which the pages of the Site open and can be read, the listening speed of the tracks, the temporary or permanent inaccessibility of the Deezer Web Service, and the fraudulent use by third parties of the information provided on the Site.

It is therefore the Subscriber’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which DEEZER can never be held liable. DEEZER can never be held liable for any malfunction of or damage caused to the Subscriber’s equipment.

More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.

DEEZER disclaims all liability should it transpire that the Deezer Web Service is incompatible with certain equipment and/or features of the Subscriber’s equipment.

Finally, the Subscriber is solely liable for his/her use of the Deezer Web Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Subscriber shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against DEEZER by a third party in relation to the Subscriber’s use of the Deezer Web Service.

Article 12 – Privacy and cookie policy

12.1 Purpose

This section sets out DEEZER’s commitments with regard to protecting the privacy and personal data of its members, subscribers or visitors (hereinafter referred to collectively as the “Users”) collected and processed during the use of the Site and the Application under the conditions set out in the Terms of Use and Sale for the Services (hereinafter the “Data”).

DEEZER undertakes to comply with the applicable legislation relating to the protection of privacy, particularly Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to collectively as the “Applicable Regulation”).

The User acknowledges that, by using the Site and/or the Application and/or by using one of the free or paid services made available by DEEZER (hereinafter the “Services”), his/her Data are collected and processed according to the terms and conditions set out hereinafter.

This policy (the “Policy”) forms an integral part of the Terms of Use and Sale for DEEZER’s Services and may be modified at any time, in particular to ensure compliance with any legislative, regulatory, case law, editorial or technical changes.

The User must therefore refer to the latest version of the Policy before any use of the Services.

12.2 Identity of the Data controller

The Data controller is DEEZER SA, a limited company with share capital of 197,556.69 euros, listed on the Paris Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – FRANCE.

The Data are in particular stored by the host of the Site identified in the Legal Notice.

12.3 Data collected

DEEZER may collect Data relating to the Users in order to provide its Services.

12.3.1 Data provided directly by the User

During his/her registration and use of the Services, the User provides various Data directly to DEEZER. These Data include in particular:

• The Data necessary for the creation of the User account such as a username, email address, age, gender, login details via third-party services (Facebook, Google+) and a password allowing the User to be identified.

The User is informed on the Data collection forms whether the collection of said Data is mandatory or optional. If a mandatory field is not completed, DEEZER will not be able to process the registration or provide the Services.

• The User account personalisation Data such as first name, surname, postal address, telephone number, date of birth, profile picture, musical preferences, favourite content (artists, albums, tracks, radio stations, podcasts, liked tracks, disliked tracks).

• The Data from the User account Settings such as the “Privacy settings” and “Alerts & sharing”.

12.3.2 Data collected automatically by DEEZER

During the use of the Services, DEEZER collects Data relating to the connection, browsing, interaction with the advertisements displayed, or the use of the Services.

A. Data relating to interaction with the Services

These Data include in particular:

• Favourite content (artists, albums, tracks, radio stations, podcasts), listening history, playlists created or followed (public or private);
• Data about interaction with other users of the Services such as comments on an artist or album page, the users whose activity the User has decided to follow, or the users who decide to follow the User’s activity (subject to the User’s privacy settings).

B. Data that DEEZER collects in relation to the commercial relationship

For the entire duration of the commercial relationship, DEEZER collects various Data for the management of the commercial relationship and for invoicing.

• Invoicing and transaction Data

If the User has subscribed to one of the paid Services, DEEZER collects the Data necessary for the purposes of invoicing, managing transactions and accounting. These Data vary depending on the payment method and the company responsible for collecting payment (for example, if payment is made through a telecommunications operator). They include in particular information relating to the type of subscription(s) and the payment method, and details of the transaction carried out.

DEEZER does not have access to credit card details, which are hosted by the payment service provider that handles the User’s account.

• Customer Service interaction Data

In the event of interaction with Customer Service, it may collect certain Data in order to process the User’s request.

These include in particular the Data allowing Customer Service to identify the User (DEEZER username, surname, first name), the date, time and reason for the User’s request, the content of exchanges with Customer Service and the additional Data necessary for handling the request, as the case may be.

C. Connection and navigation Data

Data relating to any device used to access the Services and the manner in which the User interacts with the Services and the advertisements displayed thereon. These Data include in particular:

• Data collected automatically

These Data particularly include the following:

• the ID or unique device identifiers (including mobile devices) used to access the Services; the characteristics of the devices and software (type and version of the operating system, or the language used on the device) used to connect to the Services.
• the Data relating to connection to the Services, including:
• the type of connection to the Services (3G, 4G, LTE, WiFi, offline),
• the Internet service provider,
• statistics about the pages of the Services displayed,
• the IP address (indicating the country and city of connection).
• the level of activity or inactivity on the Services.
• Data collected via cookies and other trackers (for more information, see Article 13, “Cookies and other trackers”).

D. Data collected from other sources

- Via telecommunications operators: some Users access the Services through offers provided by mobile network operators. In this situation, the operator shares certain Data with DEEZER (for example the email address or username used) in order to allow these Users to access the Service for which they are eligible depending on their subscription type.

- Via sales and marketing partners: DEEZER allows its Users to access the Services on several types of audio device (speakers, car radios, etc.) through partnerships with the manufacturers of these devices. In this situation, these partners may in particular share with DEEZER Data relating to the User’s listening activities on these devices. Other types of partnership allow DEEZER and its advertising partners to conduct joint marketing activities in particular.

- Via sub-contractors: sub-contractors also collect Data relating to the Users on behalf of DEEZER that target their interests and online activities in order to offer them personalised adverts in particular.

E. Data relating to the User’s participation in marketing operations

If the User takes part in a competition or event organised by DEEZER, the Data used to register and participate in said competition or event are collected.

12.4 “Public” or “private” profiles

Certain Data from the User profile may be visible on the Site and Application.

Each User can manage the level of privacy of his/her account.

The User may therefore choose to make his/her account “private” in the Account settings. In this case, only his/her username will remain “public”.

The User may also choose to make his/her playlists “private” at the time of creation, or after they have been created, by clicking on the “Edit” button.

By default, the User is informed that his/her profile is “public”, which means that certain Data can be seen by all users or visitors to the Site and Application. This is the case for the following information in particular: username, profile picture, the users followed by the User (username and photo), the users who follow the User (photo and username), playlists, albums and podcasts, and favourite tracks and artists.

12.5 Purpose of processing

DEEZER gathers, collects and stores the Data as set out above for the following purposes:

• Supplying the Services and ensuring that they function properly;
• Improving or optimising the Services or offering new features;
• Personalising the Services according to the User’s preferences, location, tastes and interests (declared or deduced), resulting from his/her use of the Services, the information provided, his/her interactions with the Services and his/her browsing of the Services;
• Informing the User of DEEZER’s offers and news;
• Informing the User of DEEZER partners’ offers and news;
• Handling the User relationship via Customer Service;
• Handling invoicing and payment operations;
• Personalising the advertisements displayed on the Services and on third-party services;
• Measuring the audience of the Services;
• Organising competitions and promotional operations;
• Making available sharing tools for social networks where the User has agreed to the sharing of such information;
• Carrying out customer satisfaction surveys;
• Carrying out statistical, selection and segmentation analysis of Users to improve the Services;
• Allowing the User to exercise their rights as described in Article 12.10 of this Policy;
• Combating fraud and non-payment;
• Ensuring the security of the Site, the Application and the Services.

12.6 Recipients of the Data

The Data collected or processed during the use of the Services by the User are sent to DEEZER entities, to the approved, authorised persons within DEEZER who, due to their role, need to have access to such Data for the purposes of processing described above, as well as:

- DEEZER’s service providers, in order to ensure the satisfactory supply of the Services. For example, DEEZER relies on service providers to verify the student status of visitors who subscribe to Deezer Student, or to supply payment methods.

- The technical sub-contractors chosen by DEEZER, who may, on behalf of and on instructions from DEEZER, host and store the User’s Data on their servers and ensure the security of DEEZER’s technical infrastructure.

- DEEZER’s partners: certain partners, such as telecommunications operators, the manufacturers of audio devices or marketing partners, may process Data in order to supply the Services and implement joint communication plans. In the same way, DEEZER communicates Data to social networks in order to promote the Services.

- Social networks, if the User has expressly consented to the linking of his/her User account with his/her social network accounts at the time of registration on the Site or Application, or by changing his/her User account settings to this effect in the “Alerts & sharing” section (to access this section, click here).

- Third-party applications accessible from the Site or Application, if the User has given his/her express prior consent during the use of each application.

- Administrative or judicial authorities: DEEZER may communicate information relating to its Users, including Data, to the administrative or judicial authorities, particularly if said Data is requisitioned.

12.7 Cross-border Data transfers outside the European Union

During the processing of the Data, DEEZER may transfer them to its servers located in the United States of America.

The User is informed that the Data may be transferred within the DEEZER group to a country other than his/her country of residence and in particular outside the European Union. The Data are transferred in accordance with the Applicable Regulation.

The User is also informed that the Data may be transferred to service providers, sub-contractors and partners located outside the European Union. Prior to the transfer, and in accordance with the Applicable Regulation, DEEZER shall take the measures required to obtain the necessary guarantees for the security of such transfers to countries that do not provide an adequate level of protection, such as contractual clauses.

For more information on cross-border data transfers, the User may contact the Data Protection Officer at the following address: privacy@deezer.com.

12.8 Data security

In accordance with the Applicable Regulation, DEEZER will take all necessary measures to process the Data securely and confidentially.

In particular, DEEZER will implement the technical and organisational measures that will guarantee the security and confidentiality of the Data collected and processed, and in particular prevent them from being distorted, damaged or disclosed to unauthorised third parties, by ensuring a level of security that is appropriate to the risks linked to the processing and the nature of the Data, taking into consideration the technicality and cost of such implementation.

DEEZER cannot however guarantee the confidentiality of Data made public by the User.

The Services may include links to third-party websites or external sources. The User acknowledges that the Policy only applies to the use of the Services, and does not in any way cover the Data collected and/or processed by the third-party websites or external sources to which the Services might link. Consequently, DEEZER cannot be held liable for the personal data collection and processing practices of such websites or external sources, which are governed, as the case may be, by data protection policies specific to each of these websites or external sources.

12.9 Data storage period

DEEZER undertakes not to keep the User’s Data for longer than strictly necessary for the purposes envisaged, in accordance with the Applicable Regulation.

DEEZER undertakes to store, anonymise and delete the Data as soon as the purpose envisaged or storage period expires.

The maximum storage periods apply unless a request for erasure or termination of processing is made before the expiry of these periods (in accordance with the rights described in Article 12.10 below). However, at the end of these periods, the Data may be subject to temporary storage in order to satisfy our legal, accounting and tax obligations.

CATEGORY OF DATA CONCERNED	PURPOSE	STORAGE PERIOD	LEGAL BASIS
*Data necessary to create an account *User account personalisation Data *User account settings Data *Data relating to interaction with the Services *Commercial relationship management Data *Data collected from other sources *Connection and navigation Data	*To provide, improve and personalise the Services	*For the duration of the commercial relationship with the User and for 3 years after it ends	As the case may be: *Performance of the contract *Legitimate interests
*Data necessary to create an account *User account settings Data *User account personalisation Data	*To inform the User of offers and news about Deezer Services and its partners *Customer satisfaction surveys	*For the duration of the commercial relationship and for 3 years after it ends	As the case may be: *Legitimate interests *Consent
*Data necessary to create an account *Invoicing and transaction Data *Data processed by Customer Service	*To manage the User relationship	*5 years from the closing of the claim	*Performance of the contract
*Data necessary to create an account *Invoicing and transaction Data	*To handle invoicing and payment operations *To prevent fraud and non-payment	*Up to 10 years from the end of the commercial relationship	As the case may be: *Performance of the contract *Compliance with a legal obligation *Legitimate interests
*Connection and navigation Data *Data necessary to create an account *Data collected from other sources	*Statistics and analysis *Personalisation of adverts	*The duration of the commercial relationship, with a maximum of 13 months for trackers	As the case may be: *Legitimate interests *Consent

12.10 Rights to the Data

Articles 14 to 22 of Regulation (EU) 2016/679 of 27 April 2016 grant Users the following rights:

- The right to access the Data,

- The right to rectification of the Data,

- The right to object to the collection and processing of the Data,

- The right to erasure of the Data,

- The right to restrict the collection and processing of the Data,

- The right to Data portability.

The User may exercise his/her rights by sending a request by email to privacy@deezer.com or by post to the following address: DEEZER S.A – Legal Department – 12 rue d'Athènes 75009 Paris – FRANCE.

The User is informed that exercising certain rights, in particular the right to object and the right to erasure, may restrict or prevent access to and/or use of the Services.

DEEZER reserves the right to verify the User’s identity.

12.11 Minors

Users who have a Deezer Family master profile, who have parental authority or parental authorisation for minors under 16 years of age, are entitled to open profiles within their Deezer Family account on the conditions described in Article 20 of the Terms of Use and Sale for the Deezer Premium Service. In so doing, they authorise the potential collection and processing of Data concerning the minors on whose behalf they are acting.

12.12 Contact details and Claims

Contact details

For all claims regarding the processing of his/her Data, the User may send a request to DEEZER’s Data Protection Officer by email to dpo@deezer.com or by post to the following address: 12 rue d'Athènes 75009 Paris – FRANCE.

The Data Protection Officer ensures the enforcement of the Applicable Regulation and the Policy.

Claims

In the absence of a reply or if the User is not satisfied with the reply given, he/she may lodge a complaint with the relevant data protection authority in the member state of the European Union in which he/she has his/her habitual residence.

COUNTRY	DATA PROTECTION AUTHORITY	WEBSITE
Austria	Österreichische Datenschutzbehörde	http://www.dsb.gv.at/
Belgium	Commission de la protection de la vie privée	http://www.privacycommission.be/
Bulgaria	Commission for Personal Data Protection	http://www.cpdp.bg/
Croatia	Croatian Personal Data Protection Agency	http://www.azop.hr/
Cyprus	Commissioner for Personal Data Protection	http://www.dataprotection.gov.cy/
Czech Republic	The Office for Personal Data Protection	http://www.uoou.cz/
Denmark	Datatilsynet	http://www.datatilsynet.dk/
Estonia	Estonian Data Protection Inspectorate	http://www.aki.ee/en
Finland	Office of the Data Protection Ombudsman	http://www.tietosuoja.fi/en/
France	Commission Nationale de l’Informatique et des Libertés	http://www.cnil.fr/
Germany	Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit	http://www.bfdi.bund.de/
Greece	Hellenic Data Protection Authority	http://www.dpa.gr/
Hungary	Data Protection Commissioner of Hungary	http://www.naih.hu/
Ireland	Data Protection Commissioner	http://www.dataprotection.ie/
Italy	Garante per la protezione dei dati personali	http://www.garanteprivacy.it/
Latvia	Data State Inspectorate	http://www.dvi.gov.lv/
Lithuania	State Data Protection	http://www.ada.lt/
Luxembourg	Commission Nationale pour la Protection des Données	http://www.cnpd.lu/
Malta	Office of the Data Protection Commissioner	http://www.dataprotection.gov.mt/
Netherlands	Autoriteit Persoonsgegevens	https://autoriteitpersoonsgegevens.nl/nl
Poland	The Bureau of the Inspector General for the Protection of Personal Data – GIODO	http://www.giodo.gov.pl/
Portugal	Comissão Nacional de Protecção de Dados – CNPD	http://www.dataprotection.ro/
Romania	The National Supervisory Authority for Personal Data Processing	http://www.dataprotection.ro/
Slovakia	Office for Personal Data Protection of the Slovak Republic	http://www.dataprotection.gov.sk/
Slovenia	Information Commissioner	https://www.ip-rs.si/
Spain	Agencia de Proteccion de Datos	https://www.agpd.es/
Sweden	Datainspektionen	http://www.datainspektionen.se/
United Kingdom	The Information Commissioner’s Office	https://ico.org.uk

Article 13 – Cookies and other trackers

13.1 What is a tracker?

A tracker is a cookie, beacon, tag, invisible pixel or any other system capable of storing and/or collecting information relating to navigation on the User’s terminal (computer, tablet, etc.) and/or their activity and the advertisements displayed on the Services, subject to their prior consent and except where the User has objected.

13.2 Purposes of the trackers used on the Services

Trackers allow the Services to recognise the User, guide navigation through a particular page and offer the User additional services, such as improving the browsing experience, ensuring the security of his/her connection or personalising page content based on his/her interests.

Trackers allow the storage of information relating to the registration or access to Services, the implementation of security measures or even the adaptation of the presentation of the Services to meet the display preferences of the terminal (language, operating system, etc.). They also allow access to the personal account.

Trackers allow the creation of statistics, logs of visits to and use of the various parts that make up the Services (pages and content visited, path taken), as well as the creation of surveys to improve the content offered on the Services.

Advertising trackers allow the analysis of the use of the Services and the advertisements displayed in order to display advertisements that are appropriate to the User’s interests on the Services or on partner sites. These trackers allow more particularly (i) the identification and counting of the advertisements displayed, (ii) the counting of the number of Users who click on each advertisement and (iii), as the case may be, the tracking of the subsequent actions carried out by those Users on the pages to which the advertisements lead.

DEEZER may also give its partners access to the Data collected through trackers so that they can carry out consumer behaviour studies.

DEEZER authorises certain commercial partners to insert advertising trackers into the Services and/or into the advertisements displayed. The insertion and use of trackers are subject to the privacy policies of these third parties. For example, trackers are inserted by the company Smart Adserver, subject to the User’s agreement, in order to optimise the display of advertisements. The use of these trackers is subject to the privacy policies of Smart Adserver, which can be consulted here. DEEZER includes social network applications in its Services, which allow the User to share content from the Site or the Application with other people or to make these other people aware of what they are listening to or their opinion regarding content from the Services. This is particularly the case with the “Share” and “Like” buttons on social networks such as Facebook, Twitter, etc.

The social network that supplies such an interactive button is likely to identify the User through this button, even if the User has not used this button during his/her use of the Services.

DEEZER invites the User to consult the privacy policies of these social networks to find out the purposes, in particular advertising purposes, for which the navigation information collected through these interactive buttons might be used. These privacy policies must in particular allow the User to exercise their choice on these social networks, in particular by changing the settings of his/her user account on each of these networks.

13.3 Types of Data collected by trackers

The information stored by cookies and other trackers, for a limited period (see Article 12.9 above), relates in particular to the pages visited, the advertisements on which the User has clicked, the type of browser used and the information entered on a site, in order to avoid having to enter it again.

13.4 User’s acceptance or rejection of trackers

The User may at any time express and modify his/her wishes regarding trackers.

The User may configure his/her browser to accept or reject trackers from DEEZER or third parties, on a case-by-case basis, or on a permanent basis.

The setting chosen might modify and/or restrict access to and use of the Services.

DEEZER does not accept any liability for the consequences of impaired operation of the Services resulting from DEEZER’s inability to save or consult the trackers necessary for the operation of the Site and/or the Application that are rejected or deleted by the User.

In order to make a decision regarding his/her browser, the User may consult the following pages:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• Safari™: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
• Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
• Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Opera™: http://help.opera.com/Windows/10.20/en/cookies.html

The User may also configure the settings on his/her browser so that it sends a code to websites indicating that he/she does not wish to be tracked (the “Do Not Track” option). For:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17288/windows-internet-explorer-11-use-do-not-track
• Safari™: https://support.apple.com/en-gb/guide/safari/prevent-tracking-sfri40732/mac
• Chrome™: https://support.google.com/chrome/answer/114836?
• Firefox™: https://support.mozilla.org/en-US/kb/how-do-i-turn-do-not-track-feature
• Opera™: http://help.opera.com/Windows/12.10/en/notrack.html

DEEZER provides the User with a tool for controlling tracker settings during the use of the Services: Privacy settings.

If the User wishes to obtain further information on cookies and other trackers, his/her rights and how to block them, he/she may consult the http://www.youronlinechoices.eu/ website.

Article 14 – Intellectual property

The general structure of the Site, the Application, the Deezer Web Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).

These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Deezer Web Service, in accordance with the Terms.

Any representation of all or part of the Site, the Application, the Deezer Web Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.

Any hyperlink to the Site and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair use of a DEEZER account (such use for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited.

The Recordings made available on the Deezer Web Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.

The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.

The Subscriber agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).

Article 15 – Suspension and/or cancellation initiated by DEEZER or the Subscriber

Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Web Service by a Subscriber and/or cancel his/her subscription to the Deezer Web Service without notice or compensation, in the event that the Subscriber:

- Does not comply with the Terms and especially:

• Fails to give due regard to the intellectual property rights of DEEZER or its licensors;
• Bypasses or attempts to bypass the protective technical measures put in place by DEEZER;
• Uses or attempts to use multiple simultaneous connections to the same account;
• Provides false information at the time of his/her subscription to the Deezer Web Service or subsequently.

- Fails to pay the subscription price in full or in part.

- Carries on activities prejudicial to DEEZER’s commercial interests.

The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of DEEZER, if DEEZER is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Deezer Web Service with the Subscriber’s equipment.

Article 16 – Amendments of the Terms

DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Subscriber by email to the email address given on the Subscriber’s account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.

Article 17 – Community and Customer Service

As part of his/her access to and use of the Deezer Web Service, DEEZER provides the Subscriber with a community, accessible through the deezercommunity.com website (the “Community”) where the Subscriber will in particular be able to find information regarding the Deezer Web Service and interact with other Subscribers.

As part of the Community, the Subscriber will in particular be able to:

- consult and contribute to a forum through posts, reactions and comments;

- post images, links and other content;

- interact with other Subscribers, DEEZER’s moderators, and/or Customer Service through comments and/or private messages.

Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.deezercommunity.com/site/terms.

As part of his/her access to and use of the Deezer Web Service, DEEZER also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by DEEZER (the “Customer Service”).

The Subscriber will be able to request information about (this list is not exhaustive):

- his/her access to and use of the Services provided by DEEZER;

- his/her account and changing his/her account information;

- his/her subscriptions and payments.

The Subscriber can contact DEEZER through the Site by clicking on the “Contact us” section or writing to the following address:

Deezer
12 rue d'Athènes 75009 Paris
FRANCE

Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber’s expectations, or that the Subscriber will be fully satisfied with the response.

Article 18 – Invalidity of any clause

Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 19 – Jurisdiction – Claims and disputes

These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.

Any claim relating to the application of these Terms of Use must be emailed to Customer Service via the Site by clicking the link http://www.deezer.com/support, or sent by post to Deezer – Customer Service – 12 rue d'Athènes 75009 Paris – FRANCE, for prompt processing.

For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.

In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Subscriber has his/her habitual residence.



Terms of Use and Sale for the Deezer Premium Service, Deezer Family Service and Deezer Student Service

Article 1 – General

Welcome to the Terms of Use and Sale for the Deezer Premium Service, Deezer Family Service and Deezer Student Service, which includes the website accessible at http://www.deezer.com (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”). The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter “DEEZER”) a French corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – FRANCE.

These conditions of use and sale (hereinafter the “Terms”) govern exclusively the Deezer Premium Service provided by DEEZER. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services – free or paid – offered on the Site or the Application.

The purpose of these Terms is to define the contractual and commercial relationship between DEEZER, on the one hand, and any subscriber to the Deezer Premium Service, Deezer Family Service and Deezer Student Service (hereinafter the “Subscriber”), on the other hand.

The use of the Site and of the Deezer Premium Service, Deezer Family Service and Deezer Student Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.

Subscription and access to the Deezer Premium Service, Deezer Family Service and Deezer Student Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.

Article 2 – Presentation of the Deezer Premium Service

The Deezer Premium Service is a service offered and operated by DEEZER that makes it possible, subject to consent to these Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the “Recordings”) in high quality audio (than is made available through DEEZER’s other services, where available) and without any advertisements, on multiple devices and in “Offline Mode” as described hereunder.

The Deezer Premium Service includes personalised music, playlists and other content recommendations.

Once the Subscriber has signed up, he/she has access to all features of the Deezer Premium Service from the Site or the Application.

The main characteristics of the Deezer Premium Service are as follows:

- Unlimited access, for the purpose of temporary downloading on three authorised devices (non-portable or portable devices) of Recordings included in the Deezer Premium Service music catalogue, in order to listen to them later when off-line;

- No advertising;

- High quality sound.

The Deezer Premium Service can only be used on certain compatible devices. A list of these devices can be found here.

The Deezer Premium Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.

The Deezer Premium Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application, which needs to be downloaded by the Subscriber. The Deezer Premium Service is also accessible without an Internet connection, by clicking the “Offline Mode” button of the Application.

By using the Offline Mode, the Subscriber can only access the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, onto his/her device (non-portable or portable).

Recordings or playlists can be temporarily downloaded through the Offline Mode button that appears on the pages of the Application. The downloaded tracks can then be listened to with no Internet connection or 3G/4G mobile technology, for the whole Subscription period, but cannot however be transferred to or burned onto any medium whatsoever.

DEEZER informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site or the Application.

Article 3 – Use of the Deezer Premium Service

The use of the Deezer Premium Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER; the Subscriber must therefore first register with a high-speed Internet and/or mobile Internet offer in order to use the Deezer Premium Service.

A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.

The music catalogue available as part of the Deezer Premium Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. DEEZER cannot guarantee the availability of any given track or album or any artist or group in the Deezer Premium Service catalogue. Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer Premium Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.

As a Subscriber, you can activate the Deezer Premium Service on a personal computer (PC or Mac) and a compatible portable device registered with the Deezer Premium Service. The Deezer Premium Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.

Article 4 – Availability and modification of the Deezer Premium Service

The Deezer Premium Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.

The Recordings made available within the Deezer Premium Service are determined based on the country where the Subscriber has subscribed to the Deezer Premium Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer Premium Service from a member state of the European Union will have access to the same content in the same manner when using the Deezer Premium Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.

Any Subscriber who has subscribed to the Deezer Premium Service outside the European Union will also be given access to the same content in the same manner when using the Deezer Premium Service while temporarily present in another country, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.

DEEZER has the right to make any changes or improvements to the Deezer Premium Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer Premium Service.

In addition, DEEZER has the right to temporarily remove access to the Deezer Premium Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that DEEZER cannot be held liable and thus waives any right to compensation and/or action against DEEZER in that respect. Notice of temporary interruptions in the Deezer Premium Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the Deezer Premium Service will be given via the Site or Application, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Deezer Premium Service shutdown.

Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to the Deezer Premium Service

5.1 No right of withdrawal (cooling-off period)

The Subscriber expressly recognises and accepts that the supply of the Deezer Premium Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.

5.2 Period – Trials and discovery offers

DEEZER offers a monthly subscription (or any other period depending on the offers made on the Site or the Application).

Some trial or discovery periods of the Deezer Premium Service of a different duration may be offered on the Site or the Application, temporarily or otherwise. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.

5.3 Renewal

Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.

Certain trial or discovery offers are subject to the provision of credit card details. Unless stated otherwise on the Site or Application or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price stated in the offer or, otherwise, at the price applicable to the monthly subscription to the Deezer Premium Service.

5.4 Cancellation

Where a subscription is taken out directly from the Site or Application, in order to cancel his/her subscription the Subscriber must go to his/her account and click “Cancel my subscription”. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber’s account, unless stated otherwise on the Site.

If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the “My account” section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.

5.5 Upgrade to the Deezer Premium Service

If the Subscriber switches from the Deezer Web Service to the Deezer Premium Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer Premium Service subscription, regardless of whether the subscription period for the Deezer Web Service has come to an end, meaning that if the Subscriber is upgrading to the Deezer Premium Service during the Deezer Web Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Deezer Web Service.

There will be no refund of the price paid for the Deezer Web Service subscription due to the upgrade.

Article 6 – Terms of access to the Deezer Premium Service

The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).

The Subscriber declares that he/she is a resident in a country where the Deezer Premium Service is available and that he/she is the owner of a credit card issued by a bank in the same country.

Article 7 – Creation of an account

In order to subscribe to the Deezer Premium Service, every Subscriber must:

- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log in to the Site or Application;

- Provide the information requested on the subscription form;

- Give his/her consent to the Terms;

- Pay the price for his/her subscription via one of the payment systems offered;

- Confirm his/her subscription.

The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site, the Application and the Deezer Premium Service.

Once his/her registration has been approved, DEEZER will send the Subscriber a confirmation email to the email address given at the time of registration.

Subject to the other conditions of the Terms, subscription to the Deezer Premium Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Subscriber saves and/or prints out this email.

The Subscriber can change the password given on his/her account at any time by clicking the “My information” section.

The Subscriber agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer Premium Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the “My information” section.

The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.

The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.

Article 8 – Price

The subscription price is stated on the Site or in the Application and is inclusive of all taxes.

DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Deezer Premium Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.

Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer Premium Service. The same will apply should a new tax be created, based on the price of the Deezer Premium Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer Premium Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.

Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Deezer Premium Service are not borne by DEEZER and are payable solely by the Subscriber.

Article 9 – Payment of the price

Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).

Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or DEEZER.

For optimised transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers.

Unless the Subscriber provides evidence to the contrary, the computerised records kept within the computer systems of DEEZER and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and DEEZER. This information shall be treated as valid proof between the Subscriber and DEEZER unless the Subscriber is able to provide written proof to the contrary.

Article 10 – Subscriber liability

i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which DEEZER has no control or supervision.

To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):

- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;

- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;

- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;

- Does not infringe any right to privacy or promote disrespect for human dignity;

- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;

- Does not harass other Users;

- Does not promote or encourage any criminal activity or enterprise;

- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;

- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;

- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site or the Application;

- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.

ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.

iii) If the Subscriber breaches any law or infringes any third-party rights, DEEZER has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).

Article 11 – Disclaimer of warranties

The Subscriber declares that he has been informed of the scope and limitations of the Internet network.

As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer Premium Service, the speed at which the pages of the Site or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Deezer Premium Service, and the fraudulent use by third parties of the information provided on the Site or Application.

It is therefore the Subscriber’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which DEEZER can never be held liable. DEEZER can never be held liable for any malfunction of or damage caused to the Subscriber’s equipment.

More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.

DEEZER disclaims all liability should it transpire that the Deezer Premium Service is incompatible with certain equipment and/or features of the Subscriber’s equipment.

Finally, the Subscriber is solely liable for his/her use of the Deezer Premium Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Subscriber shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against DEEZER by a third party in relation to the Subscriber’s use of the Deezer Premium Service.

Article 12 – Privacy and cookie policy

12.1 Purpose

This section sets out DEEZER’s commitments with regard to protecting the privacy and personal data of its members, subscribers or visitors (hereinafter referred to collectively as the “Users”) collected and processed during the use of the Site and the Application under the conditions set out in the Terms of Use and Sale for the Services (hereinafter the “Data”).

DEEZER undertakes to comply with the applicable legislation relating to the protection of privacy, particularly Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to collectively as the “Applicable Regulation”).

The User acknowledges that, by using the Site and/or the Application and/or by using one of the free or paid services made available by DEEZER (hereinafter the “Services”), his/her Data are collected and processed according to the terms and conditions set out hereinafter.

This policy (the “Policy”) forms an integral part of the Terms of Use and Sale for DEEZER’s Services and may be modified at any time, in particular to ensure compliance with any legislative, regulatory, case law, editorial or technical changes.

The User must therefore refer to the latest version of the Policy before any use of the Services.

12.2 Identity of the Data controller

The Data controller is DEEZER SA, a limited company with share capital of 197,556.69 euros, listed on the Paris Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – FRANCE.

The Data are in particular stored by the host of the Site identified in the Legal Notice.

12.3 Data collected

DEEZER may collect Data relating to the Users in order to provide its Services.

12.3.1 Data provided directly by the User

During his/her registration and use of the Services, the User provides various Data directly to DEEZER. These Data include in particular:

• The Data necessary for the creation of the User account such as a username, email address, age, gender, login details via third-party services (Facebook, Google+) and a password allowing the User to be identified.

The User is informed on the Data collection forms whether the collection of said Data is mandatory or optional. If a mandatory field is not completed, DEEZER will not be able to process the registration or provide the Services.

• The User account personalisation Data such as first name, surname, postal address, telephone number, date of birth, profile picture, musical preferences, favourite content (artists, albums, tracks, radio stations, podcasts, liked tracks, disliked tracks).

• The Data from the User account Settings such as the “Privacy settings” and “Alerts & sharing”.

12.3.2 Data collected automatically by DEEZER

During the use of the Services, DEEZER collects Data relating to the connection, browsing, interaction with the advertisements displayed, or the use of the Services.

A. Data relating to interaction with the Services

These Data include in particular:

• Favourite content (artists, albums, tracks, radio stations, podcasts), listening history, playlists created or followed (public or private);
• Data about interaction with other users of the Services such as comments on an artist or album page, the users whose activity the User has decided to follow, or the users who decide to follow the User’s activity (subject to the User’s privacy settings).

B. Data that DEEZER collects in relation to the commercial relationship

For the entire duration of the commercial relationship, DEEZER collects various Data for the management of the commercial relationship and for invoicing.

• Invoicing and transaction Data

If the User has subscribed to one of the paid Services, DEEZER collects the Data necessary for the purposes of invoicing, managing transactions and accounting. These Data vary depending on the payment method and the company responsible for collecting payment (for example, if payment is made through a telecommunications operator). They include in particular information relating to the type of subscription(s) and the payment method, and details of the transaction carried out.

DEEZER does not have access to credit card details, which are hosted by the payment service provider that handles the User’s account.

• Customer Service interaction Data

In the event of interaction with Customer Service, it may collect certain Data in order to process the User’s request.

These include in particular the Data allowing Customer Service to identify the User (DEEZER username, surname, first name), the date, time and reason for the User’s request, the content of exchanges with Customer Service and the additional Data necessary for handling the request, as the case may be.

C. Connection and navigation Data

Data relating to any device used to access the Services and the manner in which the User interacts with the Services and the advertisements displayed thereon. These Data include in particular:

• Data collected automatically

These Data particularly include the following:

• the ID or unique device identifiers (including mobile devices) used to access the Services; the characteristics of the devices and software (type and version of the operating system, or the language used on the device) used to connect to the Services.
• the Data relating to connection to the Services, including:
• the type of connection to the Services (3G, 4G, LTE, WiFi, offline),
• the Internet service provider,
• statistics about the pages of the Services displayed,
• the IP address (indicating the country and city of connection).
• the level of activity or inactivity on the Services.
• Data collected via cookies and other trackers (for more information, see Article 13, “Cookies and other trackers”).

D. Data collected from other sources

- Via telecommunications operators: some Users access the Services through offers provided by mobile network operators. In this situation, the operator shares certain Data with DEEZER (for example the email address or username used) in order to allow these Users to access the Service for which they are eligible depending on their subscription type.

- Via sales and marketing partners: DEEZER allows its Users to access the Services on several types of audio device (speakers, car radios, etc.) through partnerships with the manufacturers of these devices. In this situation, these partners may in particular share with DEEZER Data relating to the User’s listening activities on these devices. Other types of partnership allow DEEZER and its advertising partners to conduct joint marketing activities in particular.

- Via sub-contractors: sub-contractors also collect Data relating to the Users on behalf of DEEZER that target their interests and online activities in order to offer them personalised adverts in particular.

E. Data relating to the User’s participation in marketing operations

If the User takes part in a competition or event organised by DEEZER, the Data used to register and participate in said competition or event are collected.

12.4 “Public” or “private” profiles

Certain Data from the User profile may be visible on the Site and Application.

Each User can manage the level of privacy of his/her account.

The User may therefore choose to make his/her account “private” in the Account settings. In this case, only his/her username will remain “public”.

The User may also choose to make his/her playlists “private” at the time of creation, or after they have been created, by clicking on the “Edit” button.

By default, the User is informed that his/her profile is “public”, which means that certain Data can be seen by all users or visitors to the Site and Application. This is the case for the following information in particular: username, profile picture, the users followed by the User (username and photo), the users who follow the User (photo and username), playlists, albums and podcasts, and favourite tracks and artists.

12.5 Purpose of processing

DEEZER gathers, collects and stores the Data as set out above for the following purposes:

• Supplying the Services and ensuring that they function properly;
• Improving or optimising the Services or offering new features;
• Personalising the Services according to the User’s preferences, location, tastes and interests (declared or deduced), resulting from his/her use of the Services, the information provided, his/her interactions with the Services and his/her browsing of the Services;
• Informing the User of DEEZER’s offers and news;
• Informing the User of DEEZER partners’ offers and news;
• Handling the User relationship via Customer Service;
• Handling invoicing and payment operations;
• Personalising the advertisements displayed on the Services and on third-party services;
• Measuring the audience of the Services;
• Organising competitions and promotional operations;
• Making available sharing tools for social networks where the User has agreed to the sharing of such information;
• Carrying out customer satisfaction surveys;
• Carrying out statistical, selection and segmentation analysis of Users to improve the Services;
• Allowing the User to exercise their rights as described in Article 12.10 of this Policy;
• Combating fraud and non-payment;
• Ensuring the security of the Site, the Application and the Services.

12.6 Recipients of the Data

The Data collected or processed during the use of the Services by the User are sent to DEEZER entities, to the approved, authorised persons within DEEZER who, due to their role, need to have access to such Data for the purposes of processing described above, as well as:

- DEEZER’s service providers, in order to ensure the satisfactory supply of the Services. For example, DEEZER relies on service providers to verify the student status of visitors who subscribe to Deezer Student, or to supply payment methods.

- The technical sub-contractors chosen by DEEZER, who may, on behalf of and on instructions from DEEZER, host and store the User’s Data on their servers and ensure the security of DEEZER’s technical infrastructure.

- DEEZER’s partners: certain partners, such as telecommunications operators, the manufacturers of audio devices or marketing partners, may process Data in order to supply the Services and implement joint communication plans. In the same way, DEEZER communicates Data to social networks in order to promote the Services.

- Social networks, if the User has expressly consented to the linking of his/her User account with his/her social network accounts at the time of registration on the Site or Application, or by changing his/her User account settings to this effect in the “Alerts & sharing” section (to access this section, click here).

- Third-party applications accessible from the Site or Application, if the User has given his/her express prior consent during the use of each application.

- Administrative or judicial authorities: DEEZER may communicate information relating to its Users, including Data, to the administrative or judicial authorities, particularly if said Data is requisitioned.

12.7 Cross-border Data transfers outside the European Union

During the processing of the Data, DEEZER may transfer them to its servers located in the United States of America.

The User is informed that the Data may be transferred within the DEEZER group to a country other than his/her country of residence and in particular outside the European Union. The Data are transferred in accordance with the Applicable Regulation.

The User is also informed that the Data may be transferred to service providers, sub-contractors and partners located outside the European Union. Prior to the transfer, and in accordance with the Applicable Regulation, DEEZER shall take the measures required to obtain the necessary guarantees for the security of such transfers to countries that do not provide an adequate level of protection, such as contractual clauses.

For more information on cross-border data transfers, the User may contact the Data Protection Officer at the following address: privacy@deezer.com.

12.8 Data security

In accordance with the Applicable Regulation, DEEZER will take all necessary measures to process the Data securely and confidentially.

In particular, DEEZER will implement the technical and organisational measures that will guarantee the security and confidentiality of the Data collected and processed, and in particular prevent them from being distorted, damaged or disclosed to unauthorised third parties, by ensuring a level of security that is appropriate to the risks linked to the processing and the nature of the Data, taking into consideration the technicality and cost of such implementation.

DEEZER cannot however guarantee the confidentiality of Data made public by the User.

The Services may include links to third-party websites or external sources. The User acknowledges that the Policy only applies to the use of the Services, and does not in any way cover the Data collected and/or processed by the third-party websites or external sources to which the Services might link. Consequently, DEEZER cannot be held liable for the personal data collection and processing practices of such websites or external sources, which are governed, as the case may be, by data protection policies specific to each of these websites or external sources.

12.9 Data storage period

DEEZER undertakes not to keep the User’s Data for longer than strictly necessary for the purposes envisaged, in accordance with the Applicable Regulation.

DEEZER undertakes to store, anonymise and delete the Data as soon as the purpose envisaged or storage period expires.

The maximum storage periods apply unless a request for erasure or termination of processing is made before the expiry of these periods (in accordance with the rights described in Article 12.10 below). However, at the end of these periods, the Data may be subject to temporary storage in order to satisfy our legal, accounting and tax obligations.

CATEGORY OF DATA CONCERNED	PURPOSE	STORAGE PERIOD	LEGAL BASIS
*Data necessary to create an account *User account personalisation Data *User account settings Data *Data relating to interaction with the Services *Commercial relationship management Data *Data collected from other sources *Connection and navigation Data	*To provide, improve and personalise the Services	*For the duration of the commercial relationship with the User and for 3 years after it ends	As the case may be: *Performance of the contract *Legitimate interests
*Data necessary to create an account *User account settings Data *User account personalisation Data	*To inform the User of offers and news about Deezer Services and its partners *Customer satisfaction surveys	*For the duration of the commercial relationship and for 3 years after it ends	As the case may be: *Legitimate interests *Consent
*Data necessary to create an account *Invoicing and transaction Data *Data processed by Customer Service	*To manage the User relationship	*5 years from the closing of the claim	*Performance of the contract
*Data necessary to create an account *Invoicing and transaction Data	*To handle invoicing and payment operations *To prevent fraud and non-payment	*Up to 10 years from the end of the commercial relationship	As the case may be: *Performance of the contract *Compliance with a legal obligation *Legitimate interests
*Connection and navigation Data *Data necessary to create an account *Data collected from other sources	*Statistics and analysis *Personalisation of adverts	*The duration of the commercial relationship, with a maximum of 13 months for trackers	As the case may be: *Legitimate interests *Consent

12.10 Rights to the Data

Articles 14 to 22 of Regulation (EU) 2016/679 of 27 April 2016 grant Users the following rights:

- The right to access the Data,

- The right to rectification of the Data,

- The right to object to the collection and processing of the Data,

- The right to erasure of the Data,

- The right to restrict the collection and processing of the Data,

- The right to Data portability.

The User may exercise his/her rights by sending a request by email to privacy@deezer.com or by post to the following address: DEEZER S.A – Legal Department – 12 rue d'Athènes 75009 Paris – FRANCE.

The User is informed that exercising certain rights, in particular the right to object and the right to erasure, may restrict or prevent access to and/or use of the Services.

DEEZER reserves the right to verify the User’s identity.

12.11 Minors

Users who have a Deezer Family master profile, who have parental authority or parental authorisation for minors under 16 years of age, are entitled to open profiles within their Deezer Family account on the conditions described in Article 20 of the Terms of Use and Sale for the Deezer Premium Service. In so doing, they authorise the potential collection and processing of Data concerning the minors on whose behalf they are acting.

12.12 Contact details and Claims

Contact details

For all claims regarding the processing of his/her Data, the User may send a request to DEEZER’s Data Protection Officer by email to dpo@deezer.com or by post to the following address: 12 rue d'Athènes 75009 Paris – FRANCE.

The Data Protection Officer ensures the enforcement of the Applicable Regulation and the Policy.

Claims

In the absence of a reply or if the User is not satisfied with the reply given, he/she may lodge a complaint with the relevant data protection authority in the member state of the European Union in which he/she has his/her habitual residence.

COUNTRY	DATA PROTECTION AUTHORITY	WEBSITE
Austria	Österreichische Datenschutzbehörde	http://www.dsb.gv.at/
Belgium	Commission de la protection de la vie privée	http://www.privacycommission.be/
Bulgaria	Commission for Personal Data Protection	http://www.cpdp.bg/
Croatia	Croatian Personal Data Protection Agency	http://www.azop.hr/
Cyprus	Commissioner for Personal Data Protection	http://www.dataprotection.gov.cy/
Czech Republic	The Office for Personal Data Protection	http://www.uoou.cz/
Denmark	Datatilsynet	http://www.datatilsynet.dk/
Estonia	Estonian Data Protection Inspectorate	http://www.aki.ee/en
Finland	Office of the Data Protection Ombudsman	http://www.tietosuoja.fi/en/
France	Commission Nationale de l’Informatique et des Libertés	http://www.cnil.fr/
Germany	Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit	http://www.bfdi.bund.de/
Greece	Hellenic Data Protection Authority	http://www.dpa.gr/
Hungary	Data Protection Commissioner of Hungary	http://www.naih.hu/
Ireland	Data Protection Commissioner	http://www.dataprotection.ie/
Italy	Garante per la protezione dei dati personali	http://www.garanteprivacy.it/
Latvia	Data State Inspectorate	http://www.dvi.gov.lv/
Lithuania	State Data Protection	http://www.ada.lt/
Luxembourg	Commission Nationale pour la Protection des Données	http://www.cnpd.lu/
Malta	Office of the Data Protection Commissioner	http://www.dataprotection.gov.mt/
Netherlands	Autoriteit Persoonsgegevens	https://autoriteitpersoonsgegevens.nl/nl
Poland	The Bureau of the Inspector General for the Protection of Personal Data – GIODO	http://www.giodo.gov.pl/
Portugal	Comissão Nacional de Protecção de Dados – CNPD	http://www.dataprotection.ro/
Romania	The National Supervisory Authority for Personal Data Processing	http://www.dataprotection.ro/
Slovakia	Office for Personal Data Protection of the Slovak Republic	http://www.dataprotection.gov.sk/
Slovenia	Information Commissioner	https://www.ip-rs.si/
Spain	Agencia de Proteccion de Datos	https://www.agpd.es/
Sweden	Datainspektionen	http://www.datainspektionen.se/
United Kingdom	The Information Commissioner’s Office	https://ico.org.uk

Article 13 – Cookies and other trackers

13.1 What is a tracker?

A tracker is a cookie, beacon, tag, invisible pixel or any other system capable of storing and/or collecting information relating to navigation on the User’s terminal (computer, tablet, etc.) and/or their activity and the advertisements displayed on the Services, subject to their prior consent and except where the User has objected.

13.2 Purposes of the trackers used on the Services

Trackers allow the Services to recognise the User, guide navigation through a particular page and offer the User additional services, such as improving the browsing experience, ensuring the security of his/her connection or personalising page content based on his/her interests.

Trackers allow the storage of information relating to the registration or access to Services, the implementation of security measures or even the adaptation of the presentation of the Services to meet the display preferences of the terminal (language, operating system, etc.). They also allow access to the personal account.

Trackers allow the creation of statistics, logs of visits to and use of the various parts that make up the Services (pages and content visited, path taken), as well as the creation of surveys to improve the content offered on the Services.

Advertising trackers allow the analysis of the use of the Services and the advertisements displayed in order to display advertisements that are appropriate to the User’s interests on the Services or on partner sites. These trackers allow more particularly (i) the identification and counting of the advertisements displayed, (ii) the counting of the number of Users who click on each advertisement and (iii), as the case may be, the tracking of the subsequent actions carried out by those Users on the pages to which the advertisements lead.

DEEZER may also give its partners access to the Data collected through trackers so that they can carry out consumer behaviour studies.

DEEZER authorises certain commercial partners to insert advertising trackers into the Services and/or into the advertisements displayed. The insertion and use of trackers are subject to the privacy policies of these third parties. For example, trackers are inserted by the company Smart Adserver, subject to the User’s agreement, in order to optimise the display of advertisements. The use of these trackers is subject to the privacy policies of Smart Adserver, which can be consulted here. DEEZER includes social network applications in its Services, which allow the User to share content from the Site or the Application with other people or to make these other people aware of what they are listening to or their opinion regarding content from the Services. This is particularly the case with the “Share” and “Like” buttons on social networks such as Facebook, Twitter, etc.

The social network that supplies such an interactive button is likely to identify the User through this button, even if the User has not used this button during his/her use of the Services.

DEEZER invites the User to consult the privacy policies of these social networks to find out the purposes, in particular advertising purposes, for which the navigation information collected through these interactive buttons might be used. These privacy policies must in particular allow the User to exercise their choice on these social networks, in particular by changing the settings of his/her user account on each of these networks.

13.3 Types of Data collected by trackers

The information stored by cookies and other trackers, for a limited period (see Article 12.9 above), relates in particular to the pages visited, the advertisements on which the User has clicked, the type of browser used and the information entered on a site, in order to avoid having to enter it again.

13.4 User’s acceptance or rejection of trackers

The User may at any time express and modify his/her wishes regarding trackers.

The User may configure his/her browser to accept or reject trackers from DEEZER or third parties, on a case-by-case basis, or on a permanent basis.

The setting chosen might modify and/or restrict access to and use of the Services.

DEEZER does not accept any liability for the consequences of impaired operation of the Services resulting from DEEZER’s inability to save or consult the trackers necessary for the operation of the Site and/or the Application that are rejected or deleted by the User.

In order to make a decision regarding his/her browser, the User may consult the following pages:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• Safari™: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
• Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
• Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Opera™: http://help.opera.com/Windows/10.20/en/cookies.html

The User may also configure the settings on his/her browser so that it sends a code to websites indicating that he/she does not wish to be tracked (the “Do Not Track” option). For:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17288/windows-internet-explorer-11-use-do-not-track
• Safari™: https://support.apple.com/en-gb/guide/safari/prevent-tracking-sfri40732/mac
• Chrome™: https://support.google.com/chrome/answer/114836?
• Firefox™: https://support.mozilla.org/en-US/kb/how-do-i-turn-do-not-track-feature
• Opera™: http://help.opera.com/Windows/12.10/en/notrack.html

DEEZER provides the User with a tool for controlling tracker settings during the use of the Services: Privacy settings.

If the User wishes to obtain further information on cookies and other trackers, his/her rights and how to block them, he/she may consult the http://www.youronlinechoices.eu/ website.

Article 14 – Intellectual property

The general structure of the Site, the Application, the Deezer Premium Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).

These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Deezer Premium Service, in accordance with the Terms.

Any representation of all or part of the Site, the Application, the Deezer Premium Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.

Any hyperlink to the Site and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair use of a DEEZER account (such use for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited.

The Recordings made available on the Deezer Premium Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.

The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.

The Subscriber agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).

Article 15 – Suspension and/or cancellation initiated by DEEZER or the Subscriber

Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer Premium Service by a Subscriber and/or cancel his/her subscription to the Deezer Premium Service without notice or compensation, in the event that the Subscriber:

- Does not comply with the Terms and especially:

• Fails to give due regard to the intellectual property rights of DEEZER or its licensors;
• Bypasses or attempts to bypass the protective technical measures put in place by DEEZER;
• Uses or attempts to use multiple simultaneous connections to the same account;
• Provides false information at the time of his/her subscription to the Deezer Premium Service or subsequently.

- Fails to pay the subscription price in full or in part.

- Carries on activities prejudicial to DEEZER’s commercial interests.

The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of DEEZER, if DEEZER is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Deezer Premium Service with the Subscriber’s equipment.

Article 16 – Amendments of the Terms

DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Subscriber by email to the email address given on the Subscriber’s account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.

Article 17 – Community and Customer Service

As part of his/her access to and use of the Deezer Premium Service, DEEZER provides the Subscriber with a community, accessible through the deezercommunity.com website (the “Community”) where the Subscriber will in particular be able to find information regarding the Deezer Premium Service and interact with other Subscribers.

As part of the Community, the Subscriber will in particular be able to:

- consult and contribute to a forum through posts, reactions and comments;

- post images, links and other content;

- interact with other Subscribers, DEEZER’s moderators, and/or Customer Service through comments and/or private messages.

Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.deezercommunity.com/site/terms.

As part of his/her access to and use of the Deezer Premium Service, DEEZER also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by DEEZER (the “Customer Service”).

The Subscriber will be able to request information about (this list is not exhaustive):

- his/her access to and use of the Services provided by DEEZER;

- his/her account and changing his/her account information;

- his/her subscriptions and payments.

The Subscriber can contact DEEZER through the Site by clicking on the “Contact us” section or writing to the following address:

Deezer
12 rue d'Athènes 75009 Paris
FRANCE

Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber’s expectations, or that the Subscriber will be fully satisfied with the response.

Article 18 – Invalidity of any clause

Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 19 – Jurisdiction – Claims and disputes

These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.

Any claim relating to the application of these Terms of Use must be emailed to Customer Service via the Site by clicking the link http://www.deezer.com/support, or sent by post to Deezer – Customer Service – 12 rue d'Athènes 75009 Paris – FRANCE, for prompt processing.

For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.

In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Subscriber has his/her habitual residence.

Article 20 – Specific conditions for the Deezer Family Service

These Terms, which govern the Deezer Premium Service provided by DEEZER, also apply in full to the Deezer Family Service (as defined below), except for the specific provisions below.

The Deezer Family Service enables the members of the same household to access the Deezer Family Service by creating a master account to which up to five (5) accounts can be linked. The linked accounts will be created by the Subscriber, who shall have parental authority or parental authorisation in order to create an account for a minor under 16. The users of all such linked accounts benefit from the same features as provided by the Deezer Premium Service, except for the community features. All users of the Deezer Family Service can access and use the service simultaneously.

However, it is hereby specified that in accordance with the agreements in effect between DEEZER and the rights-holders, some tracks available in the Deezer Premium Service music catalogue may not be available through the Deezer Family Service. As a result, the Subscriber who has signed up for the Deezer Family Service would lose access to such tracks on all his/her accounts including the one created to access his/her Deezer Premium Service subscription.

The Deezer Family Service subscription and its use are restricted to members of the same household residing at the same address. Therefore, DEEZER reserves the right, at its discretion, to ask the Subscriber at any time for proof that this requirement is fulfilled.

Subscription to the Deezer Family Service is not available for:

• any person who wishes to subscribe via iTunes;
• any person who uses as means of payment the first version of the Paypal app;
• subscribers to the Deezer Premium Service who have signed up for a 12-month subscription.

Deezer Premium subscribers who wish to subscribe to the Deezer Family Service are informed that by subscribing to the Deezer Family Service, they will be charged immediately for the amount of the monthly subscription fee for the Deezer Family Service and at the same time, their subscription to the Deezer Premium Service will be cancelled automatically by DEEZER. Any current monthly subscription to the Deezer Premium Service already paid for will not be refunded.

In respect of the Deezer Family Service, the Subscriber who holds the master account is liable for compliance by all users of the linked accounts with the Terms.

In respect of the Deezer Family Service, temporary downloading is available for the master account on up to three (3) authorised devices and on up to two (2) authorised devices for each linked account.

The Deezer Family Service is available through only one connection per account at a time. DEEZER implements technical measures to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections. Linked accounts can be created and deleted through the “Settings” page of the master account. Access to the Deezer Family Service for users of the linked accounts is available through the “Settings” page of the master account.

Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend and/or cancel, without notice or compensation, access to the Deezer Family Service by a Subscriber as provided for in Article 15 of the Terms, if the Subscriber or one of the users of a linked account does not comply with the Terms.

Article 21 – Specific conditions for the Deezer Student Service

These Terms, which govern the Deezer Premium Service provided by DEEZER, also apply in full to the Deezer Student Service (as defined below), except for the specific provisions below.

The Deezer Student Service is only available to students aged 18 to 25 who are enrolled in a college or university in a country where the Service is available. DEEZER has appointed a partner to make sure the Subscriber is eligible for the Deezer Student Service when subscribing to the Service for the first time and before each renewal. DEEZER also reserves the right to check such eligibility at any time.

Subscription to the Deezer Student Service is not available for:

• subscribers to the Deezer Premium Service (full price);
• subscribers to the Deezer HiFi Service;
• beneficiaries of a current promotional offer.

In any of the above cases, in order to subscribe to the Deezer Student Service, the ongoing subscription or promotional offer must first be cancelled or have expired.

Subscription to the Deezer Student Service is not available via iTunes or via telecommunications operator partners.

Finally, the holder of a Deezer Family Service master account is not eligible to subscribe to the Deezer Student Service.

The Deezer Student Service is available for a maximum of twelve consecutive months and can be renewed up to three times per Subscriber; each renewal period is limited to twelve consecutive months. If the Deezer Student Service is cancelled for whatever reason at any time, such cancellation is permanent and the Subscriber will no longer be eligible for the Deezer Student Service.

At the end of the Deezer Student Service (including if the subscription is not renewed by the Subscriber), the Deezer Student Service shall be automatically converted into a full price Deezer Premium subscription. As a result, the Subscriber will be charged for the full price of the monthly Deezer Premium Service until cancellation of his/her subscription; the Subscriber is hereby informed that he/she can cancel his/her subscription at any time, as per the cancellation terms hereunder.



Terms of Use and Sale for the Deezer HiFi Service

Article 1 – General

Welcome to the Terms of Use and Sale for the Deezer HiFi Service, which includes the website accessible at http://www.deezer.com (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”). The Site and Application are created, developed and operated by DEEZER S.A. (hereinafter “DEEZER”) a French corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – FRANCE.

These conditions of use and sale (hereinafter the “Terms”) alone govern the Deezer HiFi Service provided by DEEZER. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services – free or paid – offered on the Site or the Application.

The purpose of these Terms is to define the contractual and commercial relationship between DEEZER, on the one hand, and any subscriber to the Deezer HiFi Service (hereinafter the “Subscriber”), on the other hand.

The use of the Site and of the Deezer HiFi Service is authorised for personal and private use only; any other use, particularly in public premises and for businesses, is therefore strictly forbidden.

Subscription and access to the Deezer HiFi Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.

Article 2 – Presentation of the Deezer HiFi Service

The Deezer HiFi Service is a service offered and operated by DEEZER that makes it possible, subject to consent to these Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the “Recordings”) in higher quality audio (than is made available through DEEZER’s other services, where available) and without any advertisements, on multiple devices and in “Offline Mode” as described hereunder.

The Deezer HiFi Service includes personalised music, playlists and other content recommendations.

Once the Subscriber has signed up, he/she has access to all features of the Deezer HiFi Service from the Site or the Application.

The main characteristics of the Deezer HiFi Service are as follows:

- Unlimited access, for the purpose of temporary downloading on three authorised devices (non-portable or portable devices) of Recordings included in the Deezer HiFi Service music catalogue, in order to listen to them later when off-line;

- No advertising;

- The majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44.1 kHz).

The Deezer HiFi Service can only be used on certain compatible devices. A list of these devices can be found here.

The Deezer HiFi Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.

The Deezer HiFi Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application, which needs to be downloaded by the Subscriber. The Deezer HiFi Service is also accessible without an Internet connection, by clicking the “Offline Mode” button of the Application.

By using the Offline Mode, the Subscriber can only access the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, onto his/her device (non-portable or portable).

Recordings or playlists can be temporarily downloaded through the Offline Mode button that appears on the pages of the Application. The downloaded tracks can then be listened to with no Internet connection or 3G/4G mobile technology, for the whole Subscription period, but cannot however be transferred to or burned onto any medium whatsoever.

DEEZER informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site or the Application.

Article 3 – Use of the Deezer HiFi Service

The use of the Deezer HiFi Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by DEEZER; the Subscriber must therefore first register with a high-speed Internet and/or mobile Internet offer in order to use the Service.

A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.

The music catalogue available as part of the Deezer HiFi Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. DEEZER cannot guarantee the availability of any given track or album or any artist or group in the Deezer HiFi Service catalogue. Moreover, DEEZER cannot guarantee that any given track, album, artist or group in the Deezer HiFi Service catalogue will be available indefinitely. DEEZER incurs no liability for the withdrawal of any part of the catalogue content made available.

As a Subscriber, you can activate the Deezer HiFi Service on a personal computer (PC or Mac) and a compatible portable device registered with the Deezer HiFi Service. The Deezer HiFi Service is only accessible from one connection at a time (registered personal computer or compatible portable device). DEEZER has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.

Article 4 – Availability and modification of the Deezer HiFi Service

The Deezer HiFi Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.

The Recordings made available within the Deezer HiFi Service are determined based on the country where the Subscriber has subscribed to the Deezer HiFi Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Deezer HiFi Service from a member state of the European Union will have access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another member state, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.

Any Subscriber who has subscribed to the Deezer HiFi Service outside the European Union will also be given access to the same content in the same manner when using the Deezer HiFi Service while temporarily present in another country, at no additional cost. However, DEEZER cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.

DEEZER has the right to make any changes or improvements to the Deezer HiFi Service as it deems necessary. DEEZER nevertheless guarantees that it will not affect the quality or substantially change the features of the Deezer HiFi Service.

In addition, DEEZER has the right to temporarily remove access to the Deezer HiFi Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that DEEZER cannot be held liable and thus waives any right to compensation and/or action against DEEZER in that respect. Notice of temporary interruptions in the Deezer HiFi Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. DEEZER is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the Deezer HiFi Service will be given via the Site or Application, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Deezer HiFi Service shutdown.

Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to the Deezer HiFi Service

5.1 No right of withdrawal (cooling-off period)

The Subscriber expressly recognises and accepts that the supply of the Deezer HiFi Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.

5.2 Period – Trials and discovery offers

DEEZER offers a monthly subscription (or any other period depending on the offers made on the Site or the Application).

Some trial or discovery periods of the Deezer HiFi Service of a different duration may be offered on the Site or the Application, temporarily or otherwise. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.

5.3 Renewal

Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.

Certain trial or discovery offers are subject to the provision of credit card details. Unless stated otherwise on the Site or Application or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price stated in the offer or, otherwise, at the price applicable to the monthly subscription to the Deezer HiFi Service.

5.4 Cancellation

Where a subscription is taken out directly from the Site or Application, in order to cancel his/her subscription the Subscriber must go to his/her account and click “Cancel my subscription”. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber’s account, unless stated otherwise on the Site.

If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the “My account” section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.

5.5 Upgrade to the Deezer HiFi Service

If the Subscriber switches from the Deezer Web Service or the Deezer Premium Service to the Deezer HiFi Service, the upgrade will take effect immediately as authorised by DEEZER. Henceforth, DEEZER will immediately charge the Subscriber for the newly activated Deezer HiFi Service subscription, regardless of whether the subscription period for the Deezer Web Service or the Deezer Premium Service has come to an end, meaning that if the Subscriber is upgrading to the Deezer HiFi Service during the Deezer Web Service or Deezer Premium Service subscription period, DEEZER will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Deezer Web Service or the Deezer Premium Service.

There will be no refund of the price paid for the Deezer Web or Deezer Premium Service subscription due to the upgrade.

Article 6 – Terms of access to the Deezer HiFi Service

The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).

The Subscriber declares that he/she is a resident in a country where the Deezer HiFi Service is available and that he/she is the owner of a credit card issued by a bank in the same country.

Article 7 – Creation of an account

In order to subscribe to the Deezer HiFi Service, every Subscriber must:

- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log in to the Site or Application;

- Provide the information requested on the subscription form;

- Give his/her consent to the Terms;

- Pay the price for his/her subscription via one of the payment systems offered;

- Confirm his/her subscription.

The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site, the Application and the Deezer HiFi Service.

Once his/her registration has been approved, DEEZER will send the Subscriber a confirmation email to the email address given at the time of registration.

Subject to the other conditions of the Terms, subscription to the Deezer HiFi Service will become effective only once DEEZER sends the aforementioned confirmation email. DEEZER recommends that the Subscriber saves and/or prints out this email.

The Subscriber can change the password given on his/her account at any time by clicking the “My information” section.

The Subscriber agrees to inform DEEZER, without delay, of any change or update to the information provided at the time of subscribing to the Deezer HiFi Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the “My information” section.

The Subscriber must immediately inform DEEZER of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.

The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber acknowledges that DEEZER and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.

Article 8 – Price

The subscription price is stated on the Site or in the Application and is inclusive of all taxes.

DEEZER has the right to change the price of all subscription offers from time to time. DEEZER will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Deezer HiFi Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.

Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Deezer HiFi Service. The same will apply in the event of any new tax based on the price of the Deezer HiFi Service and applicable to DEEZER. The conditions for cancellation applicable in the event of a change in price of the Deezer HiFi Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.

Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Deezer HiFi Service are not borne by DEEZER and are payable solely by the Subscriber.

Article 9 – Payment of the price

Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).

Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or DEEZER.

For optimised transaction security, DEEZER has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by DEEZER in terms of transaction security are identical to those obtained by DEEZER from these payment service providers.

Unless the Subscriber provides evidence to the contrary, the computerised records kept within the computer systems of DEEZER and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and DEEZER. This information shall be treated as valid proof between the Subscriber and DEEZER unless the Subscriber is able to provide written proof to the contrary.

Article 10 – Subscriber liability

i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; DEEZER is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which DEEZER has no control or supervision.

To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):

- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;

- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;

- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;

- Does not infringe any right to privacy or promote disrespect for human dignity;

- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;

- Does not harass other Users;

- Does not promote or encourage any criminal activity or enterprise;

- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;

- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;

- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site or the Application;

- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.

ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.

iii) If the Subscriber breaches any law or infringes any third-party rights, DEEZER has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).

Article 11 – Disclaimer of warranties

The Subscriber declares that he has been informed of the scope and limitations of the Internet network.

As a result, DEEZER disclaims all liability for any malfunction in access to the Deezer HiFi Service, the speed at which the pages of the Site or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Deezer HiFi Service, and the fraudulent use by third parties of the information provided on the Site or Application.

It is therefore the Subscriber’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which DEEZER can never be held liable. DEEZER can never be held liable for any malfunction of or damage caused to the Subscriber’s equipment.

More broadly, DEEZER disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.

DEEZER disclaims all liability should it transpire that the Deezer HiFi Service is incompatible with certain equipment and/or features of the Subscriber’s equipment.

Finally, the Subscriber is solely liable for his/her use of the Service and cannot hold DEEZER liable for any claim and/or proceedings against him/her in this regard. The Subscriber shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against DEEZER by a third party in relation to the Subscriber’s use of the Deezer HiFi Service.

Article 12 – Privacy and cookie policy

12.1 Purpose

This section sets out DEEZER’s commitments with regard to protecting the privacy and personal data of its members, subscribers or visitors (hereinafter referred to collectively as the “Users”) collected and processed during the use of the Site and the Application under the conditions set out in the Terms of Use and Sale for the Services (hereinafter the “Data”).

DEEZER undertakes to comply with the applicable legislation relating to the protection of privacy, particularly Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to collectively as the “Applicable Regulation”).

The User acknowledges that, by using the Site and/or the Application and/or by using one of the free or paid services made available by DEEZER (hereinafter the “Services”), his/her Data are collected and processed according to the terms and conditions set out hereinafter.

This policy (the “Policy”) forms an integral part of the Terms of Use and Sale for DEEZER’s Services and may be modified at any time, in particular to ensure compliance with any legislative, regulatory, case law, editorial or technical changes.

The User must therefore refer to the latest version of the Policy before any use of the Services.

12.2 Identity of the Data controller

The Data controller is DEEZER SA, a limited company with share capital of 197,556.69 euros, listed on the Paris Trade and Companies Register under number 511 716 573, the registered office of which is located at 12 rue d'Athènes 75009 Paris – FRANCE.

The Data are in particular stored by the host of the Site identified in the Legal Notice.

12.3 Data collected

DEEZER may collect Data relating to the Users in order to provide its Services.

12.3.1 Data provided directly by the User

During his/her registration and use of the Services, the User provides various Data directly to DEEZER. These Data include in particular:

• The Data necessary for the creation of the User account such as a username, email address, age, gender, login details via third-party services (Facebook, Google+) and a password allowing the User to be identified.

The User is informed on the Data collection forms whether the collection of said Data is mandatory or optional. If a mandatory field is not completed, DEEZER will not be able to process the registration or provide the Services.

• The User account personalisation Data such as first name, surname, postal address, telephone number, date of birth, profile picture, musical preferences, favourite content (artists, albums, tracks, radio stations, podcasts, liked tracks, disliked tracks).

• The Data from the User account Settings such as the “Privacy settings” and “Alerts & sharing”.

12.3.2 Data collected automatically by DEEZER

During the use of the Services, DEEZER collects Data relating to the connection, browsing, interaction with the advertisements displayed, or the use of the Services.

A. Data relating to interaction with the Services

These Data include in particular:

• Favourite content (artists, albums, tracks, radio stations, podcasts), listening history, playlists created or followed (public or private);
• Data about interaction with other users of the Services such as comments on an artist or album page, the users whose activity the User has decided to follow, or the users who decide to follow the User’s activity (subject to the User’s privacy settings).

B. Data that DEEZER collects in relation to the commercial relationship

For the entire duration of the commercial relationship, DEEZER collects various Data for the management of the commercial relationship and for invoicing.

• Invoicing and transaction Data

If the User has subscribed to one of the paid Services, DEEZER collects the Data necessary for the purposes of invoicing, managing transactions and accounting. These Data vary depending on the payment method and the company responsible for collecting payment (for example, if payment is made through a telecommunications operator). They include in particular information relating to the type of subscription(s) and the payment method, and details of the transaction carried out.

DEEZER does not have access to credit card details, which are hosted by the payment service provider that handles the User’s account.

• Customer Service interaction Data

In the event of interaction with Customer Service, it may collect certain Data in order to process the User’s request.

These include in particular the Data allowing Customer Service to identify the User (DEEZER username, surname, first name), the date, time and reason for the User’s request, the content of exchanges with Customer Service and the additional Data necessary for handling the request, as the case may be.

C. Connection and navigation Data

Data relating to any device used to access the Services and the manner in which the User interacts with the Services and the advertisements displayed thereon. These Data include in particular:

• Data collected automatically

These Data particularly include the following:

• the ID or unique device identifiers (including mobile devices) used to access the Services; the characteristics of the devices and software (type and version of the operating system, or the language used on the device) used to connect to the Services.
• the Data relating to connection to the Services, including:
• the type of connection to the Services (3G, 4G, LTE, WiFi, offline),
• the Internet service provider,
• statistics about the pages of the Services displayed,
• the IP address (indicating the country and city of connection).
• the level of activity or inactivity on the Services.
• Data collected via cookies and other trackers (for more information, see Article 13, “Cookies and other trackers”).

D. Data collected from other sources

- Via telecommunications operators: some Users access the Services through offers provided by mobile network operators. In this situation, the operator shares certain Data with DEEZER (for example the email address or username used) in order to allow these Users to access the Service for which they are eligible depending on their subscription type.

- Via sales and marketing partners: DEEZER allows its Users to access the Services on several types of audio device (speakers, car radios, etc.) through partnerships with the manufacturers of these devices. In this situation, these partners may in particular share with DEEZER Data relating to the User’s listening activities on these devices. Other types of partnership allow DEEZER and its advertising partners to conduct joint marketing activities in particular.

- Via sub-contractors: sub-contractors also collect Data relating to the Users on behalf of DEEZER that target their interests and online activities in order to offer them personalised adverts in particular.

E. Data relating to the User’s participation in marketing operations

If the User takes part in a competition or event organised by DEEZER, the Data used to register and participate in said competition or event are collected.

12.4 “Public” or “private” profiles

Certain Data from the User profile may be visible on the Site and Application.

Each User can manage the level of privacy of his/her account.

The User may therefore choose to make his/her account “private” in the Account settings. In this case, only his/her username will remain “public”.

The User may also choose to make his/her playlists “private” at the time of creation, or after they have been created, by clicking on the “Edit” button.

By default, the User is informed that his/her profile is “public”, which means that certain Data can be seen by all users or visitors to the Site and Application. This is the case for the following information in particular: username, profile picture, the users followed by the User (username and photo), the users who follow the User (photo and username), playlists, albums and podcasts, and favourite tracks and artists.

12.5 Purpose of processing

DEEZER gathers, collects and stores the Data as set out above for the following purposes:

• Supplying the Services and ensuring that they function properly;
• Improving or optimising the Services or offering new features;
• Personalising the Services according to the User’s preferences, location, tastes and interests (declared or deduced), resulting from his/her use of the Services, the information provided, his/her interactions with the Services and his/her browsing of the Services;
• Informing the User of DEEZER’s offers and news;
• Informing the User of DEEZER partners’ offers and news;
• Handling the User relationship via Customer Service;
• Handling invoicing and payment operations;
• Personalising the advertisements displayed on the Services and on third-party services;
• Measuring the audience of the Services;
• Organising competitions and promotional operations;
• Making available sharing tools for social networks where the User has agreed to the sharing of such information;
• Carrying out customer satisfaction surveys;
• Carrying out statistical, selection and segmentation analysis of Users to improve the Services;
• Allowing the User to exercise their rights as described in Article 12.10 of this Policy;
• Combating fraud and non-payment;
• Ensuring the security of the Site, the Application and the Services.

12.6 Recipients of the Data

The Data collected or processed during the use of the Services by the User are sent to DEEZER entities, to the approved, authorised persons within DEEZER who, due to their role, need to have access to such Data for the purposes of processing described above, as well as:

- DEEZER’s service providers, in order to ensure the satisfactory supply of the Services. For example, DEEZER relies on service providers to verify the student status of visitors who subscribe to Deezer Student, or to supply payment methods.

- The technical sub-contractors chosen by DEEZER, who may, on behalf of and on instructions from DEEZER, host and store the User’s Data on their servers and ensure the security of DEEZER’s technical infrastructure.

- DEEZER’s partners: certain partners, such as telecommunications operators, the manufacturers of audio devices or marketing partners, may process Data in order to supply the Services and implement joint communication plans. In the same way, DEEZER communicates Data to social networks in order to promote the Services.

- Social networks, if the User has expressly consented to the linking of his/her User account with his/her social network accounts at the time of registration on the Site or Application, or by changing his/her User account settings to this effect in the “Alerts & sharing” section (to access this section, click here).

- Third-party applications accessible from the Site or Application, if the User has given his/her express prior consent during the use of each application.

- Administrative or judicial authorities: DEEZER may communicate information relating to its Users, including Data, to the administrative or judicial authorities, particularly if said Data is requisitioned.

12.7 Cross-border Data transfers outside the European Union

During the processing of the Data, DEEZER may transfer them to its servers located in the United States of America.

The User is informed that the Data may be transferred within the DEEZER group to a country other than his/her country of residence and in particular outside the European Union. The Data are transferred in accordance with the Applicable Regulation.

The User is also informed that the Data may be transferred to service providers, sub-contractors and partners located outside the European Union. Prior to the transfer, and in accordance with the Applicable Regulation, DEEZER shall take the measures required to obtain the necessary guarantees for the security of such transfers to countries that do not provide an adequate level of protection, such as contractual clauses.

For more information on cross-border data transfers, the User may contact the Data Protection Officer at the following address: privacy@deezer.com.

12.8 Data security

In accordance with the Applicable Regulation, DEEZER will take all necessary measures to process the Data securely and confidentially.

In particular, DEEZER will implement the technical and organisational measures that will guarantee the security and confidentiality of the Data collected and processed, and in particular prevent them from being distorted, damaged or disclosed to unauthorised third parties, by ensuring a level of security that is appropriate to the risks linked to the processing and the nature of the Data, taking into consideration the technicality and cost of such implementation.

DEEZER cannot however guarantee the confidentiality of Data made public by the User.

The Services may include links to third-party websites or external sources. The User acknowledges that the Policy only applies to the use of the Services, and does not in any way cover the Data collected and/or processed by the third-party websites or external sources to which the Services might link. Consequently, DEEZER cannot be held liable for the personal data collection and processing practices of such websites or external sources, which are governed, as the case may be, by data protection policies specific to each of these websites or external sources.

12.9 Data storage period

DEEZER undertakes not to keep the User’s Data for longer than strictly necessary for the purposes envisaged, in accordance with the Applicable Regulation.

DEEZER undertakes to store, anonymise and delete the Data as soon as the purpose envisaged or storage period expires.

The maximum storage periods apply unless a request for erasure or termination of processing is made before the expiry of these periods (in accordance with the rights described in Article 12.10 below). However, at the end of these periods, the Data may be subject to temporary storage in order to satisfy our legal, accounting and tax obligations.

CATEGORY OF DATA CONCERNED	PURPOSE	STORAGE PERIOD	LEGAL BASIS
*Data necessary to create an account *User account personalisation Data *User account settings Data *Data relating to interaction with the Services *Commercial relationship management Data *Data collected from other sources *Connection and navigation Data	*To provide, improve and personalise the Services	*For the duration of the commercial relationship with the User and for 3 years after it ends	As the case may be: *Performance of the contract *Legitimate interests
*Data necessary to create an account *User account settings Data *User account personalisation Data	*To inform the User of offers and news about Deezer Services and its partners *Customer satisfaction surveys	*For the duration of the commercial relationship and for 3 years after it ends	As the case may be: *Legitimate interests *Consent
*Data necessary to create an account *Invoicing and transaction Data *Data processed by Customer Service	*To manage the User relationship	*5 years from the closing of the claim	*Performance of the contract
*Data necessary to create an account *Invoicing and transaction Data	*To handle invoicing and payment operations *To prevent fraud and non-payment	*Up to 10 years from the end of the commercial relationship	As the case may be: *Performance of the contract *Compliance with a legal obligation *Legitimate interests
*Connection and navigation Data *Data necessary to create an account *Data collected from other sources	*Statistics and analysis *Personalisation of adverts	*The duration of the commercial relationship, with a maximum of 13 months for trackers	As the case may be: *Legitimate interests *Consent

12.10 Rights to the Data

Articles 14 to 22 of Regulation (EU) 2016/679 of 27 April 2016 grant Users the following rights:

- The right to access the Data,

- The right to rectification of the Data,

- The right to object to the collection and processing of the Data,

- The right to erasure of the Data,

- The right to restrict the collection and processing of the Data,

- The right to Data portability.

The User may exercise his/her rights by sending a request by email to privacy@deezer.com or by post to the following address: DEEZER S.A – Legal Department – 12 rue d'Athènes 75009 Paris – FRANCE.

The User is informed that exercising certain rights, in particular the right to object and the right to erasure, may restrict or prevent access to and/or use of the Services.

DEEZER reserves the right to verify the User’s identity.

12.11 Minors

Users who have a Deezer Family master profile, who have parental authority or parental authorisation for minors under 16 years of age, are entitled to open profiles within their Deezer Family account on the conditions described in Article 20 of the Terms of Use and Sale for the Deezer Premium Service. In so doing, they authorise the potential collection and processing of Data concerning the minors on whose behalf they are acting.

12.12 Contact details and Claims

Contact details

For all claims regarding the processing of his/her Data, the User may send a request to DEEZER’s Data Protection Officer by email to dpo@deezer.com or by post to the following address: 12 rue d'Athènes 75009 Paris – FRANCE.

The Data Protection Officer ensures the enforcement of the Applicable Regulation and the Policy.

Claims

In the absence of a reply or if the User is not satisfied with the reply given, he/she may lodge a complaint with the relevant data protection authority in the member state of the European Union in which he/she has his/her habitual residence.

COUNTRY	DATA PROTECTION AUTHORITY	WEBSITE
Austria	Österreichische Datenschutzbehörde	http://www.dsb.gv.at/
Belgium	Commission de la protection de la vie privée	http://www.privacycommission.be/
Bulgaria	Commission for Personal Data Protection	http://www.cpdp.bg/
Croatia	Croatian Personal Data Protection Agency	http://www.azop.hr/
Cyprus	Commissioner for Personal Data Protection	http://www.dataprotection.gov.cy/
Czech Republic	The Office for Personal Data Protection	http://www.uoou.cz/
Denmark	Datatilsynet	http://www.datatilsynet.dk/
Estonia	Estonian Data Protection Inspectorate	http://www.aki.ee/en
Finland	Office of the Data Protection Ombudsman	http://www.tietosuoja.fi/en/
France	Commission Nationale de l’Informatique et des Libertés	http://www.cnil.fr/
Germany	Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit	http://www.bfdi.bund.de/
Greece	Hellenic Data Protection Authority	http://www.dpa.gr/
Hungary	Data Protection Commissioner of Hungary	http://www.naih.hu/
Ireland	Data Protection Commissioner	http://www.dataprotection.ie/
Italy	Garante per la protezione dei dati personali	http://www.garanteprivacy.it/
Latvia	Data State Inspectorate	http://www.dvi.gov.lv/
Lithuania	State Data Protection	http://www.ada.lt/
Luxembourg	Commission Nationale pour la Protection des Données	http://www.cnpd.lu/
Malta	Office of the Data Protection Commissioner	http://www.dataprotection.gov.mt/
Netherlands	Autoriteit Persoonsgegevens	https://autoriteitpersoonsgegevens.nl/nl
Poland	The Bureau of the Inspector General for the Protection of Personal Data – GIODO	http://www.giodo.gov.pl/
Portugal	Comissão Nacional de Protecção de Dados – CNPD	http://www.dataprotection.ro/
Romania	The National Supervisory Authority for Personal Data Processing	http://www.dataprotection.ro/
Slovakia	Office for Personal Data Protection of the Slovak Republic	http://www.dataprotection.gov.sk/
Slovenia	Information Commissioner	https://www.ip-rs.si/
Spain	Agencia de Proteccion de Datos	https://www.agpd.es/
Sweden	Datainspektionen	http://www.datainspektionen.se/
United Kingdom	The Information Commissioner’s Office	https://ico.org.uk

Article 13 – Cookies and other trackers

13.1 What is a tracker?

A tracker is a cookie, beacon, tag, invisible pixel or any other system capable of storing and/or collecting information relating to navigation on the User’s terminal (computer, tablet, etc.) and/or their activity and the advertisements displayed on the Services, subject to their prior consent and except where the User has objected.

13.2 Purposes of the trackers used on the Services

Trackers allow the Services to recognise the User, guide navigation through a particular page and offer the User additional services, such as improving the browsing experience, ensuring the security of his/her connection or personalising page content based on his/her interests.

Trackers allow the storage of information relating to the registration or access to Services, the implementation of security measures or even the adaptation of the presentation of the Services to meet the display preferences of the terminal (language, operating system, etc.). They also allow access to the personal account.

Trackers allow the creation of statistics, logs of visits to and use of the various parts that make up the Services (pages and content visited, path taken), as well as the creation of surveys to improve the content offered on the Services.

Advertising trackers allow the analysis of the use of the Services and the advertisements displayed in order to display advertisements that are appropriate to the User’s interests on the Services or on partner sites. These trackers allow more particularly (i) the identification and counting of the advertisements displayed, (ii) the counting of the number of Users who click on each advertisement and (iii), as the case may be, the tracking of the subsequent actions carried out by those Users on the pages to which the advertisements lead.

DEEZER may also give its partners access to the Data collected through trackers so that they can carry out consumer behaviour studies.

DEEZER authorises certain commercial partners to insert advertising trackers into the Services and/or into the advertisements displayed. The insertion and use of trackers are subject to the privacy policies of these third parties. For example, trackers are inserted by the company Smart Adserver, subject to the User’s agreement, in order to optimise the display of advertisements. The use of these trackers is subject to the privacy policies of Smart Adserver, which can be consulted here. DEEZER includes social network applications in its Services, which allow the User to share content from the Site or the Application with other people or to make these other people aware of what they are listening to or their opinion regarding content from the Services. This is particularly the case with the “Share” and “Like” buttons on social networks such as Facebook, Twitter, etc.

The social network that supplies such an interactive button is likely to identify the User through this button, even if the User has not used this button during his/her use of the Services.

DEEZER invites the User to consult the privacy policies of these social networks to find out the purposes, in particular advertising purposes, for which the navigation information collected through these interactive buttons might be used. These privacy policies must in particular allow the User to exercise their choice on these social networks, in particular by changing the settings of his/her user account on each of these networks.

13.3 Types of Data collected by trackers

The information stored by cookies and other trackers, for a limited period (see Article 12.9 above), relates in particular to the pages visited, the advertisements on which the User has clicked, the type of browser used and the information entered on a site, in order to avoid having to enter it again.

13.4 User’s acceptance or rejection of trackers

The User may at any time express and modify his/her wishes regarding trackers.

The User may configure his/her browser to accept or reject trackers from DEEZER or third parties, on a case-by-case basis, or on a permanent basis.

The setting chosen might modify and/or restrict access to and use of the Services.

DEEZER does not accept any liability for the consequences of impaired operation of the Services resulting from DEEZER’s inability to save or consult the trackers necessary for the operation of the Site and/or the Application that are rejected or deleted by the User.

In order to make a decision regarding his/her browser, the User may consult the following pages:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• Safari™: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
• Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
• Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Opera™: http://help.opera.com/Windows/10.20/en/cookies.html

The User may also configure the settings on his/her browser so that it sends a code to websites indicating that he/she does not wish to be tracked (the “Do Not Track” option). For:

• Internet Explorer™: https://support.microsoft.com/en-us/help/17288/windows-internet-explorer-11-use-do-not-track
• Safari™: https://support.apple.com/en-gb/guide/safari/prevent-tracking-sfri40732/mac
• Chrome™: https://support.google.com/chrome/answer/114836?
• Firefox™: https://support.mozilla.org/en-US/kb/how-do-i-turn-do-not-track-feature
• Opera™: http://help.opera.com/Windows/12.10/en/notrack.html

DEEZER provides the User with a tool for controlling tracker settings during the use of the Services: Privacy settings.

If the User wishes to obtain further information on cookies and other trackers, his/her rights and how to block them, he/she may consult the http://www.youronlinechoices.eu/ website.

Article 14 – Intellectual property

The general structure of the Site, the Application, the Deezer HiFi Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of DEEZER and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).

These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Deezer HiFi Service, in accordance with the Terms.

Any representation of all or part of the Site, the Application, the Deezer HiFi Service and/or the elements composing them (as described above), by any means, without the express consent of DEEZER, is therefore forbidden and would be treated as an infringement punishable by law.

Any hyperlink to the Site and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair use of a DEEZER account (such use for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited.

The Recordings made available on the Deezer HiFi Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.

The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.

The Subscriber agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).

Article 15 – Suspension and/or cancellation initiated by DEEZER or the Subscriber

Without prejudice to any damages that DEEZER may claim, DEEZER has the right to suspend access to the Deezer HiFi Service by a Subscriber and/or cancel his/her subscription to the Deezer HiFi Service without notice or compensation, in the event that the Subscriber:

- Does not comply with the Terms and especially:

• Fails to give due regard to the intellectual property rights of DEEZER or its licensors;
• Bypasses or attempts to bypass the protective technical measures put in place by DEEZER;
• Uses or attempts to use multiple simultaneous connections to the same account;
• Provides false information at the time of his/her subscription to the Deezer HiFi Service or subsequently.

- Fails to pay the subscription price in full or in part.

- Carries on activities prejudicial to DEEZER’s commercial interests.

The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of DEEZER, if DEEZER is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Deezer HiFi Service with the Subscriber’s equipment.

Article 16 – Amendments of the Terms

DEEZER has the right to amend the Terms at its sole discretion. DEEZER will inform the Subscriber by email to the email address given on the Subscriber’s account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.

Article 17 – Community and Customer Service

As part of his/her access to and use of the Deezer HiFi Service, DEEZER provides the Subscriber with a community, accessible through the deezercommunity.com website (the “Community”) where the Subscriber will in particular be able to find information regarding the Deezer HiFi Service and interact with other Subscribers.

As part of the Community, the Subscriber will in particular be able to:

- consult and contribute to a forum through posts, reactions and comments;

- post images, links and other content;

- interact with other Subscribers, DEEZER’s moderators, and/or Customer Service through comments and/or private messages.

Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.deezercommunity.com/site/terms.

As part of his/her access to and use of the Deezer HiFi Service, DEEZER also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by DEEZER (the “Customer Service”).

The Subscriber will be able to request information about (this list is not exhaustive):

- his/her access to and use of the Services provided by DEEZER;

- his/her account and changing his/her account information;

- his/her subscriptions and payments.

The Subscriber can contact DEEZER through the Site by clicking on the “Contact us” section or writing to the following address:

Deezer
12 rue d'Athènes 75009 Paris
FRANCE

Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber’s expectations, or that the Subscriber will be fully satisfied with the response.

Article 18 – Invalidity of any clause

Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 19 – Jurisdiction – Claims and disputes

These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.

Any claim relating to the application of these Terms of Use must be emailed to Customer Service via the Site by clicking the link http://www.deezer.com/support, or sent by post to Deezer – Customer Service – 12 rue d'Athènes 75009 Paris – FRANCE, for prompt processing.

For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.

In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Subscriber has his/her habitual residence.

Terms of use of Deezer for Developers

The web site http://www.deezer.com (hereinafter the “Site”) is an interactive and social musical website, edited by Deezer.

Deezer SA is a French corporation with an income of 128.535,25 €, registered under number 511 716 573, with its principal offices located at 12 rue d'Athènes 75009 Paris, FRANCE.

Deezer is hereinafter referred to as “DEEZER” for these terms (hereinafter the “Terms”).

I. SERVICES DESCRIPTION

The Site offers the possibility for any developer (hereinafter the “Developer”) to access free of charge the DEEZER application programming interface (hereinafter the “DEEZER API”) and the DEEZER plugins, widgets and exportable player (hereinafter the “DEEZER Plugins”) in order to customize his personal site and/or develop personal web pages, blog (hereinafter the “Webpages”) and personal applications (hereinafter “Personal Applications”) providing access to all textual, visual, audio and any other content that may be provided by DEEZER from time to time (altogether hereinafter the “Content”).

Access both to the DEEZER API and to DEEZER Plugins (altogether hereinafter the “Services”) is strictly subordinate to the acceptance without any reserve and the respect of the present Terms by every developer.

The Developer, by accepting this Terms, enters into a legally binding agreement with DEEZER to abide by the same.

DEEZER has the right to amend these Terms for any reason at any time without any prior notice or liability to the Developer. The latest updated version available at www.deezer.com/developers/ will be binding upon the Developer immediately upon posting.

II. ACCESS TO THE SERVICES

Access to the DEEZER API

a) Upon the acceptance of these Terms, the Developer shall be granted a free access to the DEEZER API in order to develop Webpages and/or Personal Applications.

Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.deezer.com/developers/simpleapi.

It is specified that, regarding the access to the DEEZER API, are full part of this Terms the Trademark Guidelines provided by DEEZER at: http://www.deezer.com/developers/simpleapi regarding the use of DEEZER’s logos.

Furthermore, beyond the mandatory Trademark Guidelines, DEEZER provides Developer, at the same address, with a non-mandatory document, the Graphical Toolkit, which explains how to reproduce DEEZER’s visual identity and look and feel.

The DEEZER API shall provide access to the following contents: Album, Artist, Comment, Editorial, Playlist, Radio, Search, Track, User, and any other contents displayed by DEEZER from time to time.

The Developer recognizes that it shall be granted no right upon the DEEZER API, the Personal Application that it shall develop and the Content of the Services.

b) Developer agrees that DEEZER may set up technical measures which permit to oversee Developer’s use of the DEEZER API and compliance with the Terms.

c) Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER API and to the Site, without any prior notice or liability to the Developer.

Use of the DEEZER Plugins
Upon the acceptance of these Terms, the Developer shall be granted a free and unlimited access to the DEEZER Plugins in order to integrate them into Webpages and/or Personal Applications.

Access to the DEEZER API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.deezer.com/developers/musicplugins

The Developer recognizes that it shall be granted no right upon the DEEZER Plugins and the Content provided by DEEZER, which remains at any time exclusive property of DEEZER or its right holders.

Developer agrees that DEEZER has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the DEEZER Plugins and to the Site, without any prior notice or liability to the Developer.

III. DEVELOPER WARRANTY

Developer warrants and represents to DEEZER that he:

1) Provides true and complete information to DEEZER when creating a Developer account on the Site.

2) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.

3) Will not modify, edit, disassemble, decompile or reverse-engineer the DEEZER API or any part of the Services.

4) Will comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws, especially by implementing standards of privacy and confidentiality when using any part of the DEEZER Services.

5) Will ensure that his Webpage and/or Personal Applications in which the Services are used abide by public order and good manners (i.e. is not defamatory, obscene, injurious, ateful, discriminatory or sexual explicit), and more broadly do not infringe effective laws and regulations.

6) Will not use the Services in any way or on any website that is associated or promotes in whatever manner the illegal or unauthorized use, streaming, download, or sharing of music and associated elements content, including but not limited to the Content provided by DEEZER.

7) Will indemnify, and keep DEEZER, its affiliates, licensees, assigns, successors, customers, users, all third-party advertisers, right-holders, technology providers and service providers, and each of their respective employees, directors and representatives, fully and effectively indemnified from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all reasonable professional costs and expenses), suffered or incurred by one of the persons listed above arising out of or in connection with any claims, actions or proceedings which arise out of or are related to: (i) the Developer’s access, retrieval and use of the Services; (ii) any breach by Developer of the warranties contained in this Section III; and (iii) violation by Developer of any provision of the Terms.

IV. NON-COMMERCIAL USE

The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.

It means that the Developer shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all Content accessed through the Services.

Furthermore, It means both the Services and the Content accessed through the Services, shall not be associated, directly or indirectly with any trademark, brand name, or logo.

The Developer acknowledges that only users registered with a Premium+ account on the Site can access and listen to the full length recordings through the Webpages and/or Personal Applications developed by the Developer, which are otherwise accessible only up to 30 seconds

The Developer undertakes to inform by any means any person accessing the Content through the Webpages and/or Personal Applications of its conditions of use and notably that the streaming of the recordings is limited to a strictly private use within a family scope.

The use of the Content is limited to a strictly private use within a family scope.

V. DIGITAL RIGHTS MANAGEMENT

The Developer recognizes that the Content are protected by Digital Rights Managements (DRM), set up by DEEZER, in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content.

The Developer undertakes not to bypass, by any means, these measures, for the purpose of downloading the Content, or more broadly using the Content in violation of the present Terms.

The Developer is informed that DEEZER will remove the access to the Services, and to the Site to any Developer in case of any bypass by the Developer or any third party of the DRM or any other unauthorized use of the Content in the Services.

Subject to the prior request of any judicial and/or administrative authority, DEEZER has the right to communicate the identity of the offender to any owner and/or right holder on the Content.

VI. DISCLAIMER AND LIMITATION OF LIABILITY

The Site and the Services are made available to Developer on an "as is" basis and DEEZER cannot be held liable neither for the unavailability, whether temporary or permanent, of the Services or the Site, nor for any defect or error in the Services.

DEEZER has the right to modify at any time without any notice the DEEZER Services and/or the Site notably by making available new functionalities or Content or by modifying and/or deleting functionalities or Content that were offered to the Developers on the DEEZER Services and/or on the Site.

DEEZER cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.

DEEZER cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.

DEEZER cannot be held liable neither for the dysfunction of internet links on the Site transferring to external website whose integration has been made by the Developer, nor for all their content and notably the products, services and/or any other available materials on and from these external websites.

VII. INTELLECTUAL PROPERTY

The general structure of the Site, the DEEZER Services, and any other elements composing them (such as but not limited to the graphics, texts, visuals, photos, logos, domain names, elements associated with the Content comprising the photos, images, texts and biography of the author, artist and/or any right holders, on the Content along with the visuals packaging of the Content) are exclusively owned by DEEZER or right holders.

Any reproduction and representation, in total or partially, of the Site and/or elements composing it by any means without the express authorization of DEEZER or right holders are strictly forbidden and would amount to an act of counterfeiting punished by law.

DEEZER is the worldwide owner of the verbal and semi-figurative trademarks “DEEZER” (whether registered or unregistered) and retains all right, title and interest in and to them. The Developer will not copy or use these trademarks in any way not authorized by DEEZER in these Terms, will abide by the Trademark Guidelines set out by DEEZER in connection with his use of these trademarks, and shall not challenge the validity of these trademarks or attempt to register similar or trademarks, service marks or logos.

VIII. ASSIGNMENT

Developer may not assign or otherwise transfer, its rights or delegate its duties or obligations under these Terms. Any attempt to assign, or otherwise transfer, any rights contained in these Terms is void and will inevitably lead DEEZER to remove Developer access both to the Services and to the Site.

IX. MISCELLANEOUS

The Developer agrees that the use of the Services for any other purposes than those mentioned herein, shall be beforehand reviewed and approved by DEEZER, at DEEZER’s own discretion.

The Developer agrees that nothing in these Terms shall prevent DEEZER to create, develop and commercialize services or products similar to the Developer’s Personal Applications and/or Webpages.

Furthermore, DEEZER may at any time and at its own discretion, quote, refer to, promote or communicate on the Developer’s Personal Applications and/or Webpages, if necessary with a description of the relationship between DEEZER and the Developer.

X. SURVIVAL

Sections III, VI, VII, IX, X and XI will remain in effect after the Developer ceases to access or use the Services.

XI. APPLICABLE LAW

The present Terms are submitted to French law.

In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.