The purpose of this privacy charter (the "Charter") is to formalize the commitment of Made in Baden SAS (hereinafter: "LOVE XGEAR") to respect the privacy of users of the "LOVE XGEAR" platform (hereinafter "Platform") accessible on the www.LOVE XGEAR.com website or on the mobile application developed for this purpose (hereinafter the "Application")

As part of the provision of the Website, LOVE XGEAR processes your personal data in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016 ("GDPR") and under the conditions set out below.

Personal data means any information relating to an identified or identifiable natural person. LOVE XGEAR collects and processes personal data in the context of providing its Services or communicating about these Services exclusively, in strict compliance with the RGPD.

LOVE XGEAR only collects personal data that is adequate, relevant and limited to what is necessary with regard to the purposes for which it is processed.

Data collected

The personal data likely to be collected on the Site or Application are as follows:

Connection data

Each connection to the Platform entails the collection of personal data such as the unique identifier of the device, the model of the device and the operating system, the IP address and MAC address of the computer, the date and time of connection.

Browsing data

LOVE XGEAR also collects information enabling it to identify how users access the Site, which pages they consult and for how long. To this end, LOVE XGEAR may use cookies as specified below.

Account creation

Access to certain Services offered by the Site and the Mobile Application requires the prior creation of an Account in accordance with the General Conditions of Use. The user must enter a certain amount of personal data when creating an Account.

When you register or create an account on our platform, we are committed to respecting your privacy. To ensure a personalized and efficient experience, we may ask you to provide certain personal information. The following is a non-exhaustive list of the data we may request:

Basic information

● Phone number: For effective authentication and communication.

● Email: Main means of communication and account recovery.

● Date of birth: To ensure that our users meet the minimum age requirements.

● Status: Your current situation in the music business.

● Biography: An overview of your musical background and experiences.

Musical preferences and skills

● My musical interests: The genres or styles of music you prefer or practice.

● Musical level: Your level of expertise or experience in music.

● My instruments: Instruments you own or play.

● Instrument category: For example, strings, percussion, etc.

● Make and model: Specific details of the instrument.

● Instrument condition: New, used, etc.

● Purchase price: Optional information for sales or exchanges.

● Year of manufacture: To determine the age of the instrument.

● Manufacturer's country: Origin of the instrument.

● Biography of my instrument: History or special details related to your instrument.

Musical preferences and skills

● My musical interests: The genres or styles of music you prefer or practice.

● Musical level: Your level of expertise or experience in music.

● My instruments: Instruments you own or play.

● Instrument category: For example, strings, percussion, etc.

● Make and model: Specific details of the instrument.

● Instrument condition: New, used, etc.

● Purchase price: Optional information for sales or exchanges.

● Year of manufacture: To determine the age of the instrument.

● Manufacturer's country: Origin of the instrument.

● Biography of my instrument: History or special details related to your instrument.

Searches and preferences

● Who I'm looking for: The type of musician or musical partner you'd like to meet.

● Musical interests sought: The musical preferences of those you wish to meet.

● Types of musicians sought: For example, guitarist, drummer, etc.

● Levels of musicians sought: Level of expertise of the musicians you'd like to meet.

● Search distance: How far you're willing to travel or meet other musicians.

Photos

● My photos: Images to personalize your profile.

● Photos of my instruments: To give a better idea of your equipment.

Instrument search

● Type of instrument you're looking for: The category and specifics of the instrument you're looking for.

● Details of the instrument you are looking for: Make, model, condition, price, year of manufacture, country of manufacturer.

● Distance to desired instrument: How far you are willing to travel for an instrument.

Geolocation

LOVE XGEAR's geolocation service identifies the physical location of users so that they can contact and interact with each other. When the user activates the geolocation service by connecting to the platform, LOVE XGEAR accesses his/her position by collecting information on WiFi access points and other location information. It is specified that this data may be recorded in order to offer certain functionalities.

Banking transactions relating to LOVE XGEAR paid services

The paid services made available via the Application are accessible according to the conditions set by Google play and App store.

Finally, it is specified that the user must address any complaints concerning these paid services directly to Google play or App store.

Only transaction numbers and purchase histories for paid services are kept by LOVE XGEAR.

Purposes of processing personal data

Data collected on the Platform is used solely for the following purposes:

- Creation of user accounts, verification of information provided in this respect, validation of registration

- The management and storage of messages exchanged between users, as well as any expressions of mutual interest between users via the "like" and "dislike" system (implemented by our matching algorithm).

- Activation and management of the geolocation system in order to connect users.

- The sending of notifications by LOVE XGEAR in order to operate the services it offers

- Customer service and assistance requests relating to the free and paying services offered by LOVE XGEAR

- Transmit information relating to the operation of the Platform

- To detect or put a stop to illicit or fraudulent activities or activities contrary to LOVE XGEAR's GTCU and Confidentiality Charter.

- To carry out advertising and marketing operations

- To produce statistical reports on User flows

The legal basis for all this data processing is :

- The performance of the contract as set out in the GCU or when subscribing to a paying service

- The user's consent

- The data controller's legitimate interest in ensuring the security of data communicated by users.

Protection of personal data

Technical and organizational security measures are in place to guarantee the security, integrity and confidentiality of all personal data, in order to prevent it from being distorted, damaged or accessed by unauthorized third parties. LOVE XGEAR ensures an appropriate level of security, taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the risks and their probability.

Sharing of personal data

Sharing personal data with third-party companies

When using the Platform, personal data may be shared with third-party companies:

- when the User authorizes a third-party website to access his/her data

- When the Platform uses the services of service providers to provide the assistance required by LOVE XGEAR users, advertising and other services. These service providers have limited access to the User's data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

Personal data may be transferred to countries outside the European Union. In accordance with the RGPD, all transfers of personal data to a country located outside the European Union and/or not offering a level of protection considered sufficient by the European Commission have been subject to cross-border flow agreements complying with the standard contractual clauses issued by the European Commission.

Sharing with authorities

LOVE XGEAR may disclose the personal data of Site users to administrative or judicial authorities when such disclosure is necessary for the identification, arrest or prosecution of any individual likely to prejudice the rights of LOVE XGEAR, any other user or a third party. In addition, LOVE XGEAR may be legally obliged to disclose such personal data and may not oppose such disclosure.

Retention of personal data

LOVE XGEAR retains personal data for no longer than is necessary for the purposes for which it is processed, in accordance with the uses set out in the present Charter, the GTCU and in compliance with the laws and regulations in force.

After this period, they will be deleted.

Person responsible for processing personal data

For Personal Data collected in connection with the creation of the User's personal account and his/her browsing on the Site or the Application, the party responsible for processing Personal Data is: Made in Baden SAS represented by its legal representative Stéphane Demay.

As the company responsible for processing the data it collects, Made in Baden undertakes to comply with the legal provisions in force. In particular, it is the company's responsibility to inform users of the purposes of its data processing operations, to provide complete information on the processing of their personal data once their consent has been obtained, and to maintain an accurate data processing register.

Whenever Made in Baden. processes Personal Data, it takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which it is processed.

User's rights

The user is the sole party to have communicated the data in the possession of the Site, via the Site. He therefore has rights to his personal data.In accordance with regulations on the protection of personal data, in particular Articles 15 to 22 of the RGPD, and after having provided proof of his identity, he may demand access to personal data concerning him, and the rectification or deletion thereof.

In addition, within the limits set by law, he also has the right to object to the processing of his data, to limit it, to decide on the post-mortem fate of his data, to withdraw his consent to the use of his personal data at any time and the right to portability of the personal data provided.To exercise these rights, the user may contact the Site at the following e-mail address: support@lovexgear.com, enclosing a copy of an identity document.

Cookies

LOVE XGEAR specifies that the Site uses "cookies".

A cookie is a text file that may be deposited on a terminal when an online service is consulted using a browser. During its period of validity, a cookie file enables its issuer to recognize the terminal concerned each time this terminal accesses digital content containing cookies from the same issuer.

The purpose of the cookies used by LOVE XGEAR is to enable it to compile statistics and information on traffic on its Site and Application, to facilitate browsing and to improve the service for the user's comfort.

For the use of cookies involving the storage and analysis of personal data, the user's consent must be obtained.

In any event, cookies deposited on a user's browsing terminal with his or her consent are destroyed twelve months after they are deposited on said terminal.

Each browser has a different configuration for managing cookies and setting user preferences. It is described in the help menu of the browser used.

For further information on cookies, please consult the CNIL website.

Modification of the Charter

LOVE XGEAR reserves the right to modify the Charter at any time. Users of the Site are therefore advised to consult it regularly.In the event of modification, the changes will be published on this page in the places deemed appropriate according to the purpose and importance of the changes made, and notified on the home page of the Site for thirty days.

Use of the Site after any changes signifies full acceptance of the changes. In the event of refusal of the modifications made to the present Charter, the user must stop using the Site.X. French Data Protection Authority (CNIL)

In the event of any question relating to the use of personal data, the user may contact the CNIL directly on the CNIL website or by post at the following address: Commission Nationale de l'Informatique et des Libertés (CNIL), 3 Place de Fontenoy - TSA 80715, 75334 PARIS CEDEX 07.

French Data Protection Authority (CNIL)