OVERVIEW

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy govern BodyO’s relationship with you with respect to: concerning this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term “BodyO” or “we” refers to the owner of the website whose registered office is [address]. Our company registration number is [company registration number and place of registration]. The term “you” refers to the user or viewer of our website.

BodyO designs products and tools that track daily health and activity to empower and empower users to lead healthier, more active lives.

These Terms of Use (“Terms”) govern your use of our personal fitness and digital body tracking products, our websites, including www.bodyo.com, software embedded in BodyO devices, BodyO web, BodyO mobile applications, memberships and other BodyO services (collectively referred to as the “BodyO Service” or “Service” or “Services”).

You must accept these conditions to create a BodyO account and use the BodyO service. If you do not have an account, you agree to these Terms by visiting www.bodyo.com or using any part of the BodyO Service.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.BODYO.COM OR USE THE BODYO SERVICE.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the Terms and Conditions and additional policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Medical

Consult your doctor or practitioner before using the BodyO service.

The BodyO service is not intended to diagnose, treat, cure or prevent any disease. If you have a medical or heart condition, consult your physician before using the BodyO service, engaging in any exercise program, or changing your diet. In the event of a medical emergency, immediately stop using the BodyO service and consult a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products or events that you become aware of through the BodyO service. If you engage in any exercise program that you receive or learn about through the BodyO Service, you agree to do so at your own risk and to voluntarily participate in such activities. If you begin to experience redness or skin irritation on your wrist, remove your device. If symptoms persist for more than 2-3 days after not using your device, contact a dermatologist or physician.

SECTION 1 – ONLINE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependents of yours to use this site. .

You may not use our products for any illegal or unauthorized purpose, and you may not, in the course of using the service, violate any laws in your jurisdiction (including, but not limited to, laws on Copyright).

You must not transmit any worms, viruses or code of a destructive nature.

Any breach or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without permission . expressly written by us.

The headings used in this Agreement are for convenience only and are not intended to limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Use the BodyO service at your own risk

Our goal is to provide useful and accurate information about the BodyO Service, but we make no endorsements, representations, or warranties of any kind about the BodyO Services.

We are not responsible if information made available on this site is not accurate, complete or current. Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of the material on this site is at your own risk.

This site may contain certain historical information. This historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update the information appearing on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – SERVICE AND PRICE CHANGES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We cannot be held liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that the color display on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All descriptions of products or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other items purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may concern orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or delivery address. In the event of an order modification or cancellation, we may attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please see our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the third party provider(s). concerned.

We may also, in the future, offer new services and/or new features through the website (including making available new tools and resources). These new features and/or services will also be subject to these terms of service.

SECTION 8 – PREMIUM BODYOS

BodyO Premium is a set of premium services provided to the user.

Registration

By registering for BodyO Premium, you agree to the terms, including the additional terms in this chapter (BodyO Premium). In addition, your registration and continued subscription are dependent on you providing BodyO with adequate and correct payment information and paying the subscription fees due and all other charges incurred.

Waiver of the right of withdrawal

In order for BodyO to guarantee you immediate access to all the services of the Premium subscription, you agree and accept that by ordering the Premium subscription, you waive your 14-day right of withdrawal.

Monthly subscription

Your subscription will continue until you terminate it and is subject to a prepaid monthly subscription fee.

Annual subscription

Your subscription will continue until you terminate it and will be subject to a prepaid annual subscription fee.

Payment for BodyO Premium

All fees are paid in advance in accordance with the subscription of your choice, and are charged to the payment option you submit to BodyO when registering for BodyO Premium. Payments will continue to be made until you end your subscription.

Payment will be made by a valid credit card accepted by BodyO via PayPal or via the Apple App Store or Google Play. Therefore, you authorize us to charge your chosen payment option for the subscription fee until you terminate your subscription. If your payment option fails, we will make reasonable efforts to resolve the issue and notify you. However, if the issue is not resolved, we will deactivate your Premium Membership until payment is received. All amounts paid for the BodyO Premium service, including advance payments, are non-refundable.

Subscription renewal fees will be the same as the initial fees unless you are notified in advance. BodyO reserves the right to increase subscription fees or introduce new fees at any time, upon reasonable notice posted in advance on this site.

Notice of Termination

If you subscribed to BodyO Premium from the BodyO website, cancellation is done via your personal “Settings” page on the website by choosing “Cancel Subscription” from the “Subscription” menu. BodyO Premium subscriptions made on the BodyO website are recorded and processed in Coordinated Universal Time (UTC).

If you subscribed to BodyO Premium from the Apple App Store, cancellation is done from the App Store by following the instructions here.

If you subscribed to BodyO Premium from Google Play, cancellation is done from Google Play by following the instructions here.

You may terminate your BodyO Premium subscription at any time and your access to Premium features will continue until the end of your billing cycle. Once you have terminated and received confirmation, no further fees will be charged.

Discount & Coupon Codes

If you have received a discount or voucher code for BodyO Premium, the following terms and conditions apply in addition to the terms and conditions of a specific discount or voucher code:

To redeem a discount or coupon code

Log in to BodyO.com, visit www.BodyO.com/premium, choose a plan, click on UPGRADE and insert the discount code in the purchase process. All discounts and coupon codes can only be applied while subscribing to BodyO Premium and can only be applied to accounts that are not already subscribed to BodyO Premium. Discounts and coupon codes cannot be combined with other prices, sales, promotions or coupons. Discounts and coupons cannot be exchanged, refunded, replaced, or redeemed for cash or account payment. A payment method is required to use a discount or coupon code. The user is responsible for using a discount or coupon code before it expires, and expired discounts and coupon codes cannot be refunded or extended. It is also the user’s responsibility to terminate the subscription before the end of the free or reduced period if he does not wish to continue his subscription at the normal price. The terms and conditions of a specific coupon may establish restrictions on the use of the coupon, including but not limited to: type of plan, duration of free or discounted subscription, validity dates coupon and/or purchase quantities. BodyO reserves the right to cancel coupon discounts and promotions at any time.

Gift codes

If you have received a gift code for BodyO Premium, the following terms and conditions apply in addition to the terms and conditions of a specific gift code:

To use a gift code

Log in to Bodyo.com, visit www.Bodyo.com/redeem, insert the gift code and click on REDEEM. Gift codes cannot be combined with other prizes, sales, promotions or coupons. Gift codes cannot be exchanged, refunded, replaced or redeemed for cash or account payment. It is the user’s responsibility to redeem a gift code before it expires and expired gift codes cannot be refunded or extended. At the end of the free subscription period, the user may receive a notification from BodyO informing him of the expiration of the free period and offering him to continue accessing the Premium functions by subscribing to a paid subscription. The terms and conditions of a specific gift code may establish restrictions on the use of the gift code, including, but not limited to: type of plan, duration of free or discounted subscription, dates validity of the gift code, and/or the purchase quantities. BodyO reserves the right to cancel gift code promotions at any time.

Refund

No refund is made in the event of termination.

IT IS YOUR RESPONSIBILITY TO TERMINATE YOUR SUBSCRIPTION IN A TIMELY TIME, IF YOU NO LONGER WISH TO SUBSCRIBE. THIS PROVISION APPLIES REGARDLESS OF YOUR USE OF THE SERVICES.

ARTICLE 9 – LINKS WITH THIRD PARTIES

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall have no liability for any third party materials or websites, or for any other materials, products or third-party service.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the applicable third party.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or if, without our asking, you send creative ideas, suggestions, proposals, plans or other documents, whether online, by email, by post or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and use in any any way, on any medium whatsoever, the comments you send us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay any compensation for any comments, or (3) to respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any intellectual property of any party or these terms of use.

You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for comments posted by you or third parties.

ARTICLE 11 – PERSONAL INFORMATION

Submitting personal information through the Store is governed by our Privacy Policy. Please see our privacy policy here.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information appearing on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, routing and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you submit your order).

We are under no obligation to update, change or clarify any information contained in the Service or on any related website, including, without limitation, pricing information, except as required by law. No update or refresh date specified in the Service or on any related website should be taken to indicate that all information contained in the Service or on any related website has been modified or updated.

ARTICLE 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, international, federal, provincial or state regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse or threaten people or property that is not protected by intellectual property rights; (f) to violate the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin nationality or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the Service or any related website, other websites or the Internet ; (h) collect or track the personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape purposes; (j) for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of these prohibited uses.

ARTICLE 14 – EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY

We do not warrant that the use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that we may from time to time withdraw the service indefinitely or cancel it at any time, without notice to you.

You expressly agree that use or inability to use the service is at your own risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions. of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

Under no circumstances shall BodyO and its parent company, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees cannot be held responsible for the non-performance of their obligations under this article; interns and employees shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, losses of profits, revenue, savings, data, replacement costs, or other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or any other claim related in any way to your use of the service or any product, including, but not limited to, any error or omission in content, or any loss or damage of any kind arising from the use of the service or any content (or product) displayed, transmitted or made available through the service, even if you have been notified of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

ARTICLE 15 – COMPENSATION

You agree to indemnify, defend and hold harmless BodyO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, our contractors, suppliers, interns and employees, for any claim or demand, including reasonable attorneys’ fees, filed by a third party due to your violation of these Terms of Service or the documents that they incorporate by reference or your violation of any law or the rights of a third party, or arising therefrom.

ARTICLE 16 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed deleted from these Terms of Service; this decision will not affect the validity and applicability of the other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our Site.

If we believe that you are in breach of, or we suspect that you have breached, any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice. and you will remain liable for all amounts due up to and including the date of termination; and/or we may therefore deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the party that drafted them.

ARTICLE 18 – APPLICABLE LAW

These Terms of Service and any separate agreement by which we provide services to you shall be governed by the laws of the Emirate of Dubai and the United Arab Emirates as applied in the Emirate of Dubai, subject to the jurisdiction of the courts of the Dubai International Financial Center.

ARTICLE 19 – MODIFICATIONS TO THE TERMS OF SERVICE

You can review the most recent version of the Terms of Service at any time here.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check regularly for changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

ARTICLE 20 – CONTACT INFORMATION

Questions regarding the Terms of Service should be directed to us at: legal@bodyo.com .

SECTION 21 – DATA PROTECTION

The Parties undertake to comply with the applicable rules on data protection and in particular Law No. 78-17 of January 6, 1978 as amended, known as the “Data Protection Act” as well as Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data “GDPR”. The Parties agree that Bodyo is qualified as a subcontractor within the meaning of Article 28 of the GDPR and that the Customer is qualified as a data controller. Under no circumstances can the Parties be considered jointly responsible for the service. As such, the Parties agree that the applicable obligations in terms of subcontracting are described in the data protection agreement annexed hereto. In the event of an error in the qualification of the Parties, the Parties must meet to modify this clause and take all measures relating to such a situation to comply with the requirements of the applicable rules. In addition, Bodyo may need to process Customer data (eg employee data) as part of the implementation of the service. For any information on this subject, the Customer may consult Bodyo’s Privacy Policy, which is accessible at any time on its website “https://bodyo1.wpengine.com”. The Client undertakes to inform its users of this privacy policy.

Data protection appendix

1. Introduction

The Data Protection Annex (hereinafter “ DPA ”) is intended to govern the use of the personal data of the Customer, who acts as data controller (hereinafter the “ Customer ”), by Bodyo, who acts as a subcontractor (hereinafter the “ Subcontractor ”) under the contract (hereinafter the “ Contract ”).

The ADP is an integral part of the Contract signed between the Customer and the Subcontractor. In the event of a conflict between the Contract and the ADP, the obligations provided for in the ADP prevail with regard to the applicable data protection rules.

All data protection terms used in the ADP (eg controller, processor, etc.) are defined in Article 4 of the General Data Protection Regulation (“GDPR” ) .

2. Statement

The Subcontractor declares to comply with all the applicable data protection rules included in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (“ GDPR ”) and Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, together called “ rules applicable in data protection matters ”.

The Subcontractor declares to present all the guarantees sufficient to meet the requirements of the applicable data protection rules and, more particularly, to guarantee the confidentiality and protection of the Customer’s data .

The Subcontractor declares that all of its employees required to process the Customer’s personal data are bound by a confidentiality clause or by any other legal act (e.g. rules of good conduct, information systems charter, etc.) to guarantee the confidentiality of the Customer’s personal data.

The Subcontractor declares to regularly train and raise awareness among its employees on the applicable data protection rules.

3. Instructions

The Processor undertakes to use the Client’s personal data only on documented instructions from the latter.

The Client undertakes to inform the Subcontractor of any modification of the instructions which may be carried out regarding the use of his personal data.

The Subcontractor must notify the Client, as soon as possible, if the latter’s documented instructions constitute a violation of the applicable data protection rules.

4. Compliance by default and by design

The Subcontractor provides its service as is, in compliance with i) conformity of the service from the design and ii) conformity of the service by default .

The Subcontractor provides a service accompanied by all the functionalities allowing the Customer to comply with its obligations as controller.

Consequently, the Subcontractor is never responsible for the non-compliant use of the service by the Customer in terms of data protection rules .

5. Security

The Subcontractor undertakes to guarantee the security of the Client’s personal data and to implement all the technical and organizational measures necessary to prevent any risk of data breach.

6. Data Breach

The Subcontractor undertakes to notify the Client, as soon as possible and, within 48 working hours, after becoming aware of it, of any data breach which may concern the Client’s personal data.

The Subcontractor undertakes to provide the Client, in accordance with the provisions of Article 28 of the GDPR, with all the information necessary for the processing of the data breach by the Client.

In the event of a data breach, the Processor undertakes to take all necessary measures to remedy and reduce the impact of the breach on the Customer’s personal data.

Except with the express, prior and written agreement of the Client, the Subcontractor is not authorized to handle data breach notifications with the French supervisory authority, the CNIL. Similarly, the Subcontractor is not, in principle, authorized to inform on behalf of the Client the persons concerned by the processing carried out within the framework of the Contract.

7. Security help and assistance

The Subcontractor communicates to the Client, upon written request, all the necessary and required information on the technical and organizational security measures to be implemented to guarantee the security of his personal data.

The Subcontractor communicates to the Client, upon written request, all the information necessary and required to ensure the performance of an impact analysis (“DPIA”) directly related to the service provided.

However, the Subcontractor is not required to ensure or audit the security of the Client or to carry out impact analyzes (“IAPD”) in the place and on behalf of the Client. Any additional request for the communication of information may be the subject of a refusal and, possibly, of an additional priced service.

8. Help and assistance with data subject rights

The Subcontractor communicates to the Client, upon written request, all the necessary and required information so that the Client can fulfill its obligation to respond to the requests of the persons concerned.

The Subcontractor performs, at the Customer’s written request, the technical actions to be taken so that the Customer can fulfill its obligation to respond to the requests of the persons concerned.

However, the Subcontractor is not required to manage requests for the rights of individuals in the place and on behalf of the Client. Any additional request aimed at ensuring such management may be the subject of a refusal and, possibly, of a priced additional service.

9. Sub-processors

In general, the Client accepts that the Subcontractor recruits Sub-processors within the framework of the execution of the Contract provided that it informs the Client of any change concerning these Sub-processors occurring during the execution of the CONTRACT.

The Client may object by registered letter with acknowledgment of receipt i) if the Sub-processor is one of its competitors , ii) if the client and the Sub-processor are in a pre-litigation or litigation situation , and iii ) if the Sub-processor has been convicted by a data protection supervisory authority within one year of its recruitment by the Sub-processor. Each of its situations must be demonstrated .

In the event that the objection is admissible, the Subcontractor has a period of 6 months from receipt of the objection to modify the subsequent Subcontractor or to guarantee compliance with the applicable rules in terms of data protection by this Sub-processor.

In all cases, the Subcontractor undertakes to recruit only subsequent Subcontractors who provide the necessary and sufficient guarantees to ensure the security and confidentiality of the Customer’s personal data.

As such, the Subcontractor undertakes i) to regularly check its Subcontractors and ii) that the contract concluded with the Subcontractor used within the framework of the service contains obligations similar to those provided for in ODA.

In any case, the Subcontractor remains responsible for the acts of the Subcontractor under the Contract.

10. Fate of personal data

The Customer informs the Subcontractor, in writing and before the end of the commercial relationship, of his choice (option 1) to return the personal data to him then to delete them as well as all the existing copies or, (option 2) directly delete the personal data and all existing copies, or (option 3) transfer the personal data to a new provider and then delete them and all existing copies. Unless otherwise provided in the Contract, option 3 must be quoted by the Subcontractor.

In the absence of information by the Customer of his choice, the Subcontractor will directly delete the Customer’s data as well as all copies (option 2) at the end of the commercial relationship.

The deletion of data is irreversible. The Customer is therefore invited to recover his data before the service is stopped. In the event of deletion of the Customer’s data by the Subcontractor, the Customer remains solely responsible for the disappearance of the data and for any consequences that may occur.

The Subcontractor certifies to the Customer, upon written request, the effective deletion of personal data and all existing copies.

11. Audits

The Customer has the right to carry out an audit in the form of a written questionnaire once a year to verify compliance with this Agreement. The questionnaire has the force of a sworn statement that binds the Subcontractor.

The questionnaire may be communicated in any form to the Subcontractor, who undertakes to respond to it within a maximum period of two months from its receipt.

The Customer also has the right to carry out an on-site audit, at his own expense, once a year only in the event of a data breach or breach of the applicable data protection rules and this DPA, in particular established by the questionnaire writing.

An on-site audit may be conducted either by the Customer or by an independent third party designated by the Customer and must be notified in writing to the Subcontractor at least thirty (30) days before the audit is carried out.

The Subcontractor has the right to refuse the choice of the independent third party if the latter is i) a competitor or ii) in pre-litigation or litigation with it. In this case, the Customer undertakes to choose a new independent third party to carry out the audit.

Processor may deny access to certain areas for privacy or security reasons. In this case, the Subcontractor carries out the audit in these areas at its expense and communicates the results to the Customer.

In the event of a discrepancy noted during the audit, the Subcontractor undertakes to implement, without delay , the measures necessary to comply with this Agreement.

12. Data transfers outside the European Union

The Subcontractor undertakes to do its utmost not to transfer the Customer’s personal data outside the European Union or not to recruit a subsequent Subcontractor located outside the European Union.

Nevertheless, in the event that such transfers prove necessary within the framework of the Contract, the Subcontractor undertakes to implement all the mechanisms required to regulate these transfers, such as, in particular, concluding standard clauses for the protection of data (“CCT”) adopted by the European Commission.

13. Cooperation with the supervisory authority

When this concerns the processing implemented under the Contract, the Subcontractor undertakes to provide, on request, all the information necessary for the Client to cooperate with the competent supervisory authority .

14. Contact

The Client and the Subcontractor each designate a contact who is in charge of this ADP and who is the recipient of the various notifications and communications to be made within the framework of the ADP.

The Subcontractor informs the Client that it has appointed the company Dipeeo as Data Protection Officer who can be contacted at the following coordinates:

• Email address: privacy@bodyo.com
• Postal address: Dipeeo SAS, 104 avenue de la Résistance, 93100 Montreuil
• Telephone number: 09 86 23 21 29

15. Revision

The Customer reserves the right to modify this Agreement in the event of changes to the applicable data protection rules which would have the effect of modifying one of its provisions.

16. Applicable law

Notwithstanding any provision to the contrary provided in the Contract, this Agreement is subject to French law . Any dispute relating to the execution of this Agreement is the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of the place of domicile of the Subcontractor .

Nevertheless, in the event that such transfers prove necessary within the framework of the Contract, the Subcontractor undertakes to implement all the mechanisms required to regulate these transfers, such as, in particular, concluding standard clauses for the protection of data (“CCT”) adopted by the European Commission.