PRIVACY POLICY

Last updated: 10 January 2024


This Privacy Policy ("Policy") provides the following information:

  • 1. the identity and contact details of the data controller;
  • 2. contact details of the data protection officer;
  • 3. the purposes and legal basis of the processing of the personal data;
  • 4. the legitimate interests pursued by the controller or by a third party;
  • 5. the categories of recipients of personal data;
  • 6. any transfers of personal data to a third country;
  • 7. the criteria used to determine how long personal data is kept;
  • 8. the existence of the right to request access to, rectification or erasure of personal data from the controller, or a restriction of processing relating to the data subject, or the right to object to processing and the right to data portability;
  • 9. the right to withdraw consent at any time;
  • 10. the right to lodge a complaint with a supervisory authority; and
  • 11. the regulatory or contractual basis for the obligation to provide personal data and the possible consequences of not providing such data.

For the purposes of this Policy, the terms "personal data", "data subject(s)", "processing", "controller", "processor", "supervisory authority", "transfer" and "data breach" have the meanings ascribed to them in Article 4 of the General Data Protection Regulation (EU) 2016/679 ("GDPR").

Capitalized terms not defined in this Policy refer to terms as defined in the AFX54 Terms of Use - ("ToU") available here.

1. Identity of the data Controller

The data controller is AFX54, a société par actions simplifiée (simplified joint stock company), registered with the Paris Companies' Registrar under No. B 978 558 674, having its registered office at 12, rue de Lincoln, 75008 Paris, France.

AFX54 is a platform for broadcasting, exchanging and sharing texts, podcasts and videos (the "Platform"). The Platform is a digital window of which content is "Made in Africa" and where artists, athletes, influencers, writers, economists, comedians, whether well-known or not, can publish their content ("User Content") at their in their own time. The Platform and Services are available on computers, tablets and mobile phones.

2. What personal data is collected by AFX54 and how is it used?

As part of providing the Services, AFX54 collects personal data about users and visitors to the Platform under the conditions detailed below.

AFX54 only uses users' personal data if there is a legal basis for doing so.

AFX54 does not use algorithms to make decisions that would significantly affect without human review. AFX54 uses visitors’ and users’ data only for the purposes described below.

2.2 For registered users

Data Detail Purpose Justifications / Legal basis
Identification data* Surname, first name, e-mail address, telephone number, social media login details Account creation and management of AFX54's relationship with users. Contractual obligation to provide the user with the Services associated with the use of their account. Contractual necessity
Identification data Surname, first name, e-mail address, telephone number, social network login details Direct prospecting for marketing purposes User consent
Identification data* User and device IDs assigned at the time of registration To recognize the user in order to provide the Services Contractual necessity
Identification data* Age group (under 18 or 18 and over) Verification of the right to use the Platform and the Services and verification of the right to accept the ToU. Legal obligation
Identification data Age, gender Audience measurement Legitimate interest in audience analysis
Financial information Payment information, transactions provided by the user when subscribing to a paying package or a trial and purchase offer. Processing of payment transactions not carried out by an external service provider

Processing to comply with tax and accounting obligations and to pay all royalties to copyright holders and collecting societies
Contractual necessity

Legal obligation
Location Approximate location (IP address) collected by AFX54 when using the platform Geo-blocking of unauthorized territories Legitimate interest in managing access to the Platform
Usage data Interactions with the product (including listening data), advertising data Analyses of interaction with user content, market research, Service improvement studies, etc. Legitimate interest in improving and developing the Service
User content Photos, audio data, requests to customer Services. Optimized interaction between the user and AFX54 and between users themselves Legitimate interest in improving and developing the Service
Research history Searches carried out on the Platform Personalization of services, market research and improvement of the Services Legitimate interest in improving and developing the Service
Diagnostics and performance data Collected by AFX54 during use of the Platform and in the event of a crash. Solving technical problems and preventing crashes Legitimate interest in improving and developing the Service

*Failure to provide this information will make it impossible to use the Services.

3. How long is the personal data processed by AFX54 kept?

it was collected, but for no longer than 3 years, or 10 years in the case of financial data, as required by law. The specified retention periods start from the date of the user's last interaction with AFX54.

4. How is the security of personal data ensured?

AFX54 takes technical, physical and organizational measures to protect user data against any unauthorized access, use or disclosure or any other data breach, and to prevent its loss or alteration. The implementation of these measures takes into account the state of the art, the nature of the processing, the sensitivity of the data and the potential threats and risks. In addition:

AFX54 restricts and limits access to users’ data by setting up access controls to monitor who accesses, uses and transfers personal data.

Employees who have access to data are required to comply with robust data confidentiality, protection and security policies.

Service providers who process user personal data on behalf of AFX54 are also required to comply with strict contractual requirements regarding the protection and security of personal data.

5. With which other parties are users' personal data shared?

In connection with contracts, the Platform, the Services, legal obligations or the protection of AFX54's legitimate interests and the other purposes set forth in this Policy, AFX54 may disclose personal data to third parties.

AFX54 works with service providers, particularly technical and commercial service providers, who are located in different countries and/or who use service providers and computer servers located in different countries (for example, computer service providers, shipping companies, advertising service providers, connection service providers, security companies, banks, debt collection companies, etc.). For service providers used in the IT field for the Platform, AFX54 uses Easybroadcast SAS located at 10 rue de Strasbourg, 44000 Nantes, France. In each case, AFX54 provides these service providers with the data they require for their services. In addition, AFX54 enters into contracts with these service providers which include provisions to protect data, where such protection does not derive from law.

AFX54 may also share personal data with companies in its group and other companies in the event of an acquisition, merger or sale, or with law enforcement agencies.

6. What rights do users have over their personal data?

AFX54 is fully committed to allowing users to exercise their rights regarding their data. These can be exercised by contacting the Data Protection Officer at dpo@afx54.com. Depending on the actions required, rights may also be exercised in the settings and preferences in the user account.

  • Data access and portability
    Users may request details of the processing and personal data processed by AFX54 and may access and obtain a copy of their data so processed. Furthermore, users may request that the data they have given to AFX54 be returned to them or transferred, if technical conditions permit, to a third party.
  • Modifying data
    Users can modify or correct their contact information (name, e-mail address, telephone number, social identifiers, age and gender) as well as User Content.
  • Deleting data
    Users can delete their account and all associated personal data via their account settings or by contacting the Data Protection Officer.
  • Limitation of processing
    Users may ask AFX54 to restrict the scope of processing of their personal data.
  • Withdrawal of consent
    Users may withdraw their consent to the use of their personal data for direct marketing purposes at any time by following the unsubscribe links and instructions contained in each direct marketing message (via email or text message, for example) or by using the consent settings found in the user account notification preferences. Users can withdraw their consent to the setting of optional cookies and other tracking technologies in the cookie settings.
  • Claims
    Users who are not satisfied with AFX54's response may contact the Data Protection Officer or lodge a complaint with the competent authority, namely :

    For users located in France :

    The French Data Protection Authority (CNIL)
    3 Place de Fontenoy
    TSA 80715
    75334 PARIS CEDEX 07
    France
    +33 (0)1 53 73 22 22
    https://www.cnil.fr
    and
    For users located in the Ivory Coast:

    The Ivorian Telecommunications/ICT Regulatory Authority (ARTCI)
    Marcory Anoumabo 18 BP 2203
    Abidjan 18
    Côte d’Ivoire
    +225 27 20 34 43 73
    +225 27 20 34 43 74
    https://www.artci.ci