LEGAL NOTICE | Smala

TERMS OF USE

Smala applies the principles of “Privacy by Design.”

 

Smala provides you with private and secure spaces reserved exclusively for communication and content sharing between members of the same smala group.Smala aims for the highest international standards of data protection and security: GDPR, COPPA, kidSAFE.

 

For Smala, security and privacy are key concerns.

 

 

1 – DEFINITIONS

 

For the sake of clarity in these Terms of Use, please refer to the explicit definitions of the following terminology:

 

 

 

2 – USE OF SERVICES

 

These Terms of Use determine the rules for accessing the Smala Application.

The Application offers its Users access to a secure and private space (the family circle) allowing them to create, share and store content using Smala tools and editorial suggestions. This Application can be used on computers, tablets and smartphones. To access, users are invited to download the application and register. Users must verify that their tablet, phone or computer is compatible with Smala.

 

By accepting the Terms of Use, you, as a User, acknowledge having read these terms, accept them without reservation and comply with them. You also ensure that the same is true for your child(ren).

 

In the event that you are a minor, you declare and acknowledge that you have obtained authorization from your parents, or from the holder(s) of parental authority over you, to access the Application.

 

 

3 – PRESENTATION OF SMALA

 

When Users arrive on the Site or in the AppStore or GooglePlay stores, they are offered the possibility to download the Smala Application for iOS or Android tablets and phones.

 

Access is free for a limited period of time and then becomes paid and reserved for any User linked to a Family Account that has subscribed to a paid subscription offer. Smala offers a “FREE TRIAL,” which is a period of time that allows Users to try Smala for free and discover the Application before subscribing.

 

 

4 – MINIMUM REQUIREMENTS

 

MOBILE DEVICES:

Phones & tablets

Screen resolution: 1024 x 768 and +

To ensure the optimal functioning of the Application, please ensure that you are connected to Wifi (broadband) to avoid the costs that could result from a 3G or 4G connection.

 

*APPLE

iOS 10

iPhone 5s

iPad (4th Gen)

iPad mini 3

 

*ANDROID

Android Marshmallow 6.0.1

Equipment that is 3 years old or less. Some recent devices may not be supported. If you encounter any problems, please contact customer service at the following address: contact@smala.family.

 

COMPUTERS (WEB VERSION):

Operating system: Windows 7 and +, OS X 10.12 and +

Internet browsers: We support the 3 most recent versions of these browsers: Edge, Safari, Firefox & Chrome

Screen resolution: 1024 x 768 and +

Computers that are 3 years old or less. Some recent devices may not be supported.

The mobile web version is not supported. We invite you to download the mobile application.

 

 

5 – REGISTRATION

 

The process of creating a Smala account begins with the creation of an Account (16 years old +), with their email address as their unique identification key. Account Owners may create up to five (5) profiles (in addition to their own) in the Account. Parental consent is required to create a Profile for a child under 16 years of age. Providing a birthdate is mandatory to determine whether parental consent is required.

 

 

6 – PRIVACY

 

Smala’s Privacy Policy informs you of how Tobo Inc. collects, uses and protects your personal information as part of their applications.

 

By using the Smala Application, you agree to the terms and conditions of this Privacy Policy.

 

 

Children aged 16 and under

Our applications comply with the guidelines for applications aimed at children under 16 years of age.

 

No advertising

Our applications do not contain any advertising or product placement from third-party companies.

 

Sharing of information

Tobo Inc. will not sell or rent your information to third parties under any circumstances. Tobo Inc. may, however, engage the services of other providers for the operation of the Site and Application, including but not limited to hosting, billing, marketing support and customer service.

In this case, Tobo Inc. provides these companies with the minimum information reasonably necessary for the operation of their service. They will be prohibited from using this information for any other purpose.

 

Tobo Inc. may also potentially disclose your personal information if required by law or for the purposes of:

 

(a) complying with legal requirements or legal process;

(b) protecting itself and defending its rights or ownership of publications;

(c) upholding the Privacy Policy; or

(d) acting in urgent circumstances to protect data security.

 

Modification of the Privacy Policy

Our Privacy Policy may be subject to change. If you have any questions or comments about this Policy, please contact us at contact@smala.family with the following subject: Smala Privacy Policy.

 

Please refer to our Privacy Policy.

 

 

7 – LICENSE FOR RIGHT OF USE

 

Access to the Site and Application grants you a private, non-collective and non-exclusive right of use for the Content of said Site and Application. Any networking and redistribution, in any form, is prohibited.

 

The right to reproduce is only for the purpose of representation on a single-user screen and is strictly reserved for your private use. If you wish to make commercial use of the information on this Site, you must seek Tobo Inc.’s express consent. To do so, send an email to the following address: contact@smala.family.

 

All Content published on the Site, including but not limited to text, photographs, drawings, icons (hereinafter “Content”), constitutes works within the meaning of the provisions of the Intellectual Property Code. Consequently, any representation or reproduction, in whole or in part, that is made without the consent of the authors or their assigns is unlawful.

 

You may not modify, copy, transmit by email, or in any other way transfer, download, display and, in general, use this Content.

 

You therefore agree to:

 

 

We emphasize that any copyright violation of the publisher or authors of this Site and Application constitutes a copyright infringement offence.

 

The publisher reserves the right, at its sole discretion and without prior notice, to modify, delete or add references to the “Terms of Use” of the Site and Application at any time, and in particular to take into account any legal, jurisprudential, editorial and/or technical changes. The prevailing version is the one available online. You are therefore advised to regularly refer to the latest version of these Terms of Use.

 

The publisher also reserves the right to modify the characteristics or content of the Site and Application. It may also restrict access to certain sections of the Site and Application without prior notice.

 

The publisher may, at its sole discretion, suspend, interrupt or terminate access to all or part of the Site and Application for any reason whatsoever, including, in particular, non-compliance with the “Terms of Use” of the Site or Application. It does not guarantee that the Site is error-free or that any imperfections will be corrected.

 

The publisher reserves the right to send you or all Users of the Site and Application emails to keep you informed of any changes, modifications or additions to the Site.

 

 

8 – LIMITATION OF LIABILITY

 

You are solely responsible for any damage and injury, whether direct or indirect, material or immaterial, if it is due to, based on or caused by usage of the Site and/or Application by you or any person authorized by you to use this Site. Usage, in this case, means any use of the Site and/or Application whatsoever, whether fraudulent or not.

As such, you waive any claim or legal action for such damages or injuries based on Tobo Inc.’s contractual liability as publisher of this Site and Application, or on any other basis.

 

Children under 16 years of age are allowed to use the Site or Application on the express condition that they have previously obtained from their parent (or the person exercising parental authority) the authorization to do so, and have provided the information and email addresses of said parental figure to which any communication may be sent. Their use of the Site or Application implies that they have obtained this prior authorization, which is expressly required on the Site and Application at the time of Registration. Tobo Inc. reserves the right to request written justification at any time, and to carry out any verifications, as well as to delete any personal account whose minor holder does not provide such justification within five (5) days from the date of the request, or within any other time limit that may be granted.

As the person exercising parental authority, you have agreed to be responsible for your child’s compliance with all of these Terms of Use. For this reason, you are encouraged to monitor your child’s use of and access to the Site and Application.

 

Tobo Inc. informs you that its Site and Application offer a completely secure space. This allows your child to play independently, without any risk of contact with inappropriate websites or unknown internet users.

 

Tobo Inc. will immediately delete any personal account upon receipt of a parental request to close the personal account and delete the related Content.

 

In addition, it is to be noted that no hypertext link may be directed back to the Site without the prior express authorization of the Site’s publisher. In the absence of authorization, such a link is considered to be a copyright infringement, an offence for which the penalties have already been mentioned above.

 

Tobo Inc. warns all persons with parental authority about the diversity and nature of content available on the internet, which may be harmful to minors. Parents are therefore encouraged to supervise their children when they connect. Parents and any person exercising parental authority are furthermore reminded that it is their responsibility to not only determine which services accessible on the Site and Application their minor child is authorized to use, but also to monitor their use of these services.

 

Tobo Inc. commits to making its best efforts to secure the access, consultation and use of the Materials in accordance with the rules of use of the internet. Access to the Site and Application is available twenty-four (24) hours a day, seven (7) days a week, except in the event of force majeure or an event beyond the control of Tobo Inc., and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site and Application, which may be performed without prior notice to you.

 

Consequently, Tobo Inc. cannot be held liable in the following cases:

 

 

You declare that you accept the characteristics and limitations of the internet, and in particular acknowledge that:

 

 

It has been specified that the downloading of Content implies unreserved acceptance of the said Content and these Terms of Use.

 

 

9 – SUBSCRIPTION

 

Please read the provisions of the general terms and conditions of sale.

 

 

10 – PARTICULAR TERMS OF COMMUNITY SPACES

 

Smala provides You “Smala provides You with private and secure spaces dedicated to the communication and sharing of Content exclusively between Members of the same Smala Group. As such, Tobo Inc. acts exclusively as host of the community spaces it makes available to You, and its responsibility is therefore that of a technical service provider. Parents are encouraged to monitor the use of these community spaces by their minor children.

 

Tobo Inc. commits to taking the best possible care of the contributions (or Content), but will in no way be held liable for any alteration thereto. Tobo Inc. also agrees to display the Content along with the pseudonym of its author as indicated by the latter.

 

You acknowledge that You are fully responsible for the Content You publish, and that such Content does not fall under Tobo Inc.’s editorial activity.

As a result, Tobo Inc. cannot be held liable for the unlawful nature of Content.

 

You guarantee Tobo Inc. against any recourse and/or action that any person may bring as a result of the distribution of Content on the Site and/or Application.

You will be responsible for all charges and payments that may be due or claimed with respect to these same persons regardless of the reason or cause.

We remind You that community spaces are places of exchange where conviviality and respect for others are essential. All Users must therefore respect the other contributors.

 

These contributions or Content may not include content that constitutes or encourages the commission of acts punishable by law. You therefore agree to respect the ethical principles listed below, without this list being exhaustive:

 

_ Content must not infringe on or be contrary to public order or morality, or offend the sensibilities of minors;

_ Content must not in any way infringe on a third party’s rights to their reputation, privacy and image; Content must not be disparaging, defamatory, abusive, obscene, violent, racist, xenophobic or damaging to the image and reputation of any brand, person or entity in any way whatsoever;

_ Content may not be used for threatening or harassing purposes in any way whatsoever.

 

Tobo Inc. is bound by the following obligations in its capacity as Content host:

 

1. To hold and store data in such a way as to enable the identification of any person who has distributed content through it, in the event that judicial authorities so request;

 

2. To remove and/or prevent access to unlawful Content as soon as Tobo Inc. becomes aware of it.

However, Tobo Inc. is not subject to a general obligation to monitor and control the information and Content distributed. Neither is it subject to a general obligation to investigate facts or circumstances that reveal unlawful activities.

 

 

11 – APPLICATION OF CANADIAN LAW

 

The internet being a global network by nature, but the Site and Application being owned by a Canadian company, the rules applicable to the use of the Site and Application and all data transmissions on and around the Site and Application are determined by Canadian law. In the event of a dispute, the Canadian courts shall have exclusive jurisdiction.

PRIVACY POLICY

1 – GENERAL

 

Smala is a trademark owned exclusively by Tobo Inc.

At Tobo, we take the protection of your personal data very seriously and this Privacy Policy aims to explain how and why we collect it.

 

This Privacy Policy details how Tobo Inc. uses and processes your personal data, as well as your rights and obligations with respect to it. Tobo Inc., a legally incorporated company located at 5455 avenue de Gaspé, suite 350, Montreal, Quebec, Canada H2T 3B3 is the data controller with respect to the General Data Protection Regulations (GDPR) and any other regulations concerning personal data.

 

By continuing to use the service, you agree to the terms of this Privacy Policy.

Tobo Inc.’s Privacy Policy applies in conjunction with its Terms of Use.

 

 

2 – WHAT PERSONAL DATA IS COLLECTED BY TOBO INC.?

 

As Data Controller, so defined by the GDPR, Tobo Inc. is responsible for the personal data it collects.

Personal data:

In this case, the data collected may be: your email address and your date of birth, .

You will undoubtedly have the opportunity to withdraw your consent at any time. However, you may not question the processing operation that was carried out before the withdrawal of your consent. All this data is stored in our user database, in order to be able to communicate with you and propose offers tailored to your needs.

 

Usage data:

We also collect interaction events between you and Smala’s services (page loading, navigation, button clicks, click-through rates on newsletters). In this instance, with your consent, we keep this data.

 

Cookies:

A cookie is a small text file, stored on your computer’s hard drive at the request of the server managing the visited website. It contains information about the navigation performed on the pages of this site, and stores information such as authentication data, session-specific information or other preferences indicated by the user (eg. language of the site). The information collected by a cookie can only be read by the issuer of it.

You may object to the use of cookies when you first visit a site. A message informs you about the installation of cookies and your ability to refuse them, as well as the procedure to follow for doing so.

 

Data not collected directly from you:

As the person who exercises parental authority, if you create a Profile on behalf of your child in your Account, you are informed that the personal data relating to your child under 16 years of age will be processed and used by Tobo Inc. in accordance with this Privacy Policy.

In the event that your child is under 16 years of age, and his or her consent is required for the processing of personal data in accordance with the GDPR, you will be asked, in your capacity as the holder of parental authority, to consent to the processing of your child’s data by Tobo Inc.

 

 

3 – HOW DOES TOBO INC. USE YOUR PERSONAL DATA?

Personal data:

Tobo Inc. collects the data necessary for the optimal use of their service, or for the management of your account or order. Data is also collected in order to allow you, as a user, to receive personalized information. This data also allows us to administer and improve our marketing activities and services for our customers.

When your personal data is being collected, you are informed of the mandatory nature of the information requested in order to benefit from a service, or of its optional nature, as well as the consequences of not communicating a particular data. You are also informed of the use that Tobo Inc. will make of your data, and your right of access to, rectification of, opposition to, and deletion of data portability and processing restrictions.

Tobo Inc. implements all technical means necessary to guarantee the security of your personal data, and to prevent any risk of loss, damage or misuse thereof.

 

Usage data:

Usage data allows Tobo Inc. to improve its products and services so that they can best meet customer expectations.

We use third-party services to optimize and improve your experience. All the data collected for these purposes is completely anonymous.

 

Cookies:

The installation of cookies facilitates the use of a site during a subsequent visit.

 

 

4 – WHO CAN ACCESS YOUR PERSONAL DATA?

 

The personal data collected is intended exclusively for Tobo Inc.

 

Your Personal Data will not be disclosed to third parties, except in the following cases:

 

 

Tobo Inc. does not share your personal data with third-party advertisers for targeted marketing purposes. However, it should be noted that advertisers may obtain your personal data from other public sources. Tobo Inc. cannot be held similarly liable in this regard.

 

However, Tobo Inc. may use and share with third parties certain non-personal technical or aggregate data relating to your use of Tobo Inc. services. The collection, processing and disclosure of such anonymized data shall not be subject to the restrictions set out herein.

 

 

5 – HOW LONG IS YOUR PERSONAL DATA KEPT?

 

The retention period of your personal data may vary depending on the purpose of the collection. Legal obligations may impose a minimum retention period on Tobo Inc.

 

Otherwise, if you have been a customer, your data will be kept for seven (7) years from the end of your last contract.

 

If you have not been a customer of Tobo Inc., your data will be kept for three (3) years from the end of your last contact with Tobo Inc. or in compliance with applicable regulations.

 

Information stored on your device (eg. cookies), or any other element used to identify you and allow for traceability, as well as the raw visit data associating an identifier, will not be kept beyond thirteen (13) months.

 

 

6 – WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

 

In accordance with the GDPR, you may request that your personal data be disclosed to you and require that it be corrected, completed, updated or deleted, as the case may be.

 

It is also possible, within the limits of the technical processes used by Tobo Inc., for you to request receiving your personal data in a structured, commonly used and readable format.

 

For any of these requests, simply send an email to the following email address: contact@smala.family.

 

Your requests must be submitted in writing and must be signed and accompanied by a photocopy of an identity card bearing your signature. The request must specify the address to which the response should be sent. Tobo Inc. will have one (1) month to respond following receipt of your request.

CONTACTS

Publisher : Tobo Inc.
Address : 5455 avenue de Gaspé, suite 350, Montréal, Qc H2T 3B3 – Canada
Email : contact@smala.family

 

Please also refer to our Terms of Use and Privacy Policy.

Smala is a trademark owned exclusively by Tobo Inc.

 

©2019 Tobo Inc. All rights reserved.

 

TERMS AND CONDITIONS OF SALE

1 – DEFINITIONS

 

To avoid any misunderstanding, we are using the following definitions for these Terms of Sale:

 

 

 

2 – PURPOSE

 

These Terms and Conditions of Sale are intended to define the worldwide rights and obligations of the Parties arising from the Smala Offering Subscription in relation to the Smala Terms of Use.

 

As these Terms and Conditions of Sale may change, we recommend You consult them regularly. Should these Terms and Conditions change, your Subscription will remain governed by those that were in effect when you initially subscribed to the Offering.

 

 

3 – OFFERINGS (TRIAL, SUBSCRIPTION, CANCELLATION)

 

Using the Smala Offering requires the creation of an Account. Each Account can have up to 6 profiles. If you invite other people (meaning users who are not part of your Account) to your Smala Group, they must comply with the Terms and Conditions of Use and of Sale of the Application.

 

 

FREE TRIAL PERIOD

 

Following the creation of your Smala Account, You can access the entire Offering during a free trial period of 30 calendar days. Two Subscription types are available, which You can choose at any time

 

 

SUBSCRIPTION

Through App Stores

Smala Subscription packages can be purchased from the mobile versions of the App (phone or tablet) using the e-commerce stores of Apple (App Store) or Google (Google Play).

 

Smala Subscriptions are subject to the terms and conditions of use and sales of the App Store and Google Play.

 

Subscriptions are not available through the web version (web.smala.family), but subscribers can access content through it normally.

 

Subscription Types

Smala offers two Subscription types, each allowing access to the entire Offering for the rate (in your currency) appearing on the App Stores.

 

Monthly Subscription

The monthly Subscription is for a period of thirty (30) calendar days which renews automatically unless we are notified otherwise at least 24 hours before the renewal date.

 

Annual Subscription

By purchasing an annual Subscription, you receive a two-month discount over the monthly Subscription rate. The annual Subscription is for a period of twelve (12) months which renews automatically unless we are notified otherwise at least 24 hours before the renewal date.

 

CANCELLATION

 

You can cancel your Subscription at any time by going to the “Subscription Management” section of your App Store:

 

* App Store / Subscription Management

* Google Play / Support

 

 

4 – SUBSCRIPTION FEES

 

The Offering is subject to these general Terms and Conditions of Sale. Specific details — duration, frequency, fees, renewal terms, etc. — will vary according to the Subscription Type.

 

Please refer to your App Store for the applicable Subscription Fee in your currency (before taxes are applied). Any change in the tax rate will impact the Subscription Fee.

 

Tobo reserves the right to modify its fees at any time; however, Subscriptions will always be invoiced based on the rate in effect when the Subscription started.

 

 

5 – PAYMENT

 

Use the payment function of your App Store to pay for your Subscription :

 

* Apple (App Store)

* Google (Google Play)

 

Once payment has been processed, You may immediately access the Offering.

 

 

6 – CUSTOMER SERVICE

 

Smala’s customer service is available at contact@smala.family.

 

 

7 – LIABILITY

 

The Offering is available 24/7, subject to maintenance and repair periods, or due to unforeseen circumstances beyond the control of Tobo. These circumstances are unpredictable, overwhelming and completely beyond the control of all parties involved. The include, without limitation, legislation from a national or multinational government, war, fire, a state of emergency, or a striking service provider.

 

Tobo cannot be held responsible for breach of contract in case of unavailability of the Offering due to an unforeseen possibility, a state of emergency, a disruption of telecommunications services, or a full or partial strike. In all circumstances, Tobo’s liability will be limited to the amount you paid. Furthermore, it will not be liable for any consequential damages, including loss of profit.

 

 

8 – APPLICABLE LAW

 

These Terms and Conditions of Sale are subject to Canadian law. In the event of a conflict between the English and French versions of these Terms and Conditions, the French version will prevail. In the event of a dispute, only Canadian courts will have jurisdiction.

 

By continuing your browsing, you accept the use of cookies in order to provide you with services and offers tailored to your interests, and to measure the utilization of our services. Learn more.