Terms of service
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 and conditions of use, which together with our privacy policy govern BodyO’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘BodyO’ or ‘us’ 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 inspire users to lead healthier and more active lives.
These Terms of Service (“Terms”) govern your use of our personal fitness and digital body monitoring products; our websites, including www.bodyo.com; the software embedded in BodyO devices; the BodyO Web solution, and the BodyO mobile applications, memberships and other BodyO services (collectively known as the “BodyO Service” or “Service” or “Services”).
You must accept these Terms to create a BodyO account and to use the BodyO Service. If you do not have an account, you accept these Terms by visiting www.bodyo.com or using any part of the BodyO Service.
IF YOU DO NOT ACCEPT 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 those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including and without limitation, users who are browsers; vendors; customers; merchants, and/or contributors of content.
Please read these Terms of Service 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 the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Medical
Consult your doctor or medical 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 doctor or medical practitioner before using the BodyO Service; engaging in an exercise programme or changing your diet. If you experience a medical emergency, stop using the BodyO Service immediately and consult with a medical professional. We are not responsible for any health problems that may result from training programmes; consultations; products, or events you learn about through the BodyO Service. If you engage in any exercise programme you receive or learn about through the BodyO Service, you agree that you do so at your own risk and are voluntarily participating in these activities. If you start to experience redness or skin irritation on your wrist, remove your device. If symptoms persist longer than 2-3 days of not using your device, contact a dermatologist or medical practitioner.
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 you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an 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 (not including 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 during transfer 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not 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 helpful and accurate information on the BodyO Service, but we make no endorsement, representation or warranty of any kind about any BodyO service.
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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not 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 any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for 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 shall not be 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 and when applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any 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 material 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 include orders placed by or under the same customer account; the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 detail, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever 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 discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – BODYO PREMIUM
BodyO Premium is a set of premium services provided to the user.
Sign-up
By signing up to BodyO Premium, you agree to the Terms, including the supplementary terms and conditions in this Chapter (BodyO Premium). Furthermore, your sign up and continuous subscription is contingent on you providing BodyO adequate and correct payment information and pay due subscription fees and any other incurred charges.
Waiver of right of withdrawal
In order for BodyO to ensure your immediate access to all the services of Premium, you agree and accept that by ordering Premium, you waive your right to a 14-day right of withdrawal.
Monthly Subscription
Your subscription will continue until you terminate it and is subject to a prepaid monthly subscription fee.
Yearly Subscription
Your subscription will continue until you terminate it and is subject to a prepaid yearly subscription fee.
Payment for BodyO Premium
All fees are paid in advance in accordance with the subscription of your choice, and are drawn from the payment option you submit to BodyO upon sign up to BodyO Premium. Payments will continue to be made until you terminate 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. Hence, you authorise us to charge your chosen payment option for your subscription fee until you terminate your subscription. Should your payment option fail, we will make reasonable efforts to resolve the issue, and notify you of the failure. However, if the issue is not resolved, we will disable your Premium subscription until payment is received. All amounts paid for the BodyO Premium service, including prepayments, are non-refundable.
The renewal subscription fees will be the same as the initial fee unless you are otherwise notified in advance. BodyO reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on this Site.
Termination Notice
If you signed up to BodyO Premium from the BodyO website, termination is done via your personal ‘Settings’ page on the Site by choosing ‘Cancel subscription’ under the ‘Subscription’ menu. BodyO Premium subscriptions made at the BodyO website are registered and processed in Coordinated Universal Time (UTC).
If you signed up to BodyO Premium from the Apple App Store, termination is done from the App Store by following the instructions here.
If you signed up to BodyO Premium from Google Play, termination is done from Google Play by following the instructions here.
You may terminate your subscription to BodyO Premium at any time and your access to Premium features will then continue until the end of your billing cycle. Once you have made your cancellation, and received a confirmation, no further charges will be made.
Discount and Coupon Codes
If you have received a discount or coupon code to BodyO Premium, the following terms and conditions apply in addition to the terms and conditions of a specific discount or coupon code:
To redeem a discount or coupon code
Log in to BodyO.com, visit www.BodyO.com/premium, choose a plan, click UPGRADE and insert the coupon code in the purchasing process. All discounts and coupon codes can only be applied when subscribing to BodyO Premium and they can only be applied to accounts that are not already subscribing to BodyO Premium. Discounts and coupon codes cannot be combined with any other cash-off price, sales, promotion or coupon. Discounts and coupons cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method is required to redeem a discount or coupon code. It is the user’s own responsibility to use 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 a free or discounted period if the user does not want to continue with a subscription at the regular price. The terms and conditions of a specific coupon may set out restrictions on the use of the coupon including but not limited to: the type of plan; duration of free or discounted subscription; coupon validity dates, and/or purchase quantities. BodyO reserves the right to cancel discounts and coupon promotions at any time.
Gift Codes
If you have received a gift code to BodyO Premium, the following terms and conditions apply in addition to the terms and conditions of a specific gift code:
To redeem a gift code
Log in to Bodyo.com, visit www.Bodyo.com/redeem, insert the gift code and click REDEEM. Gift codes cannot be combined with any other cash-off price, sales, promotion or coupon. Gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. It is the user’s own responsibility to use 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 notice from BodyO about the expiration of the free period and suggestion to continue having access to Premium features by signing up for a paid subscription. The terms and conditions of a specific gift code may set out restrictions on the use of the gift code including but not limited to: the type of plan; duration of free or discounted subscription; gift code validity dates, and/or purchase quantities. BodyO reserves the right to cancel gift code promotions at any time.
Refunds
No refunds are made upon termination.
IT IS YOUR RESPONSIBILITY TO TERMINATE YOUR SUBSCRIBTION IN DUE TIME, SHOULD YOU NO LONGER WISH TO SUBSCRIBE. THIS APPLIES IRRESPECTIVE OF YOUR USE OF THE SERVICES.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via 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 will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods; services; resources; content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints; claims; concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas; suggestions; proposals; plans, or other materials, whether online; by email; by postal mail or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation 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 party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright; trademark; privacy; personality, or other personal or proprietary right. You further 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 take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy here.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions; pricing; promotions; offers; product shipping charges; transit times, 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 without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, and without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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 violating any of these prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your 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 from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability; merchantable quality; fitness for a particular purpose; durability; title, and non-infringement.
In no case shall BodyO and and our parent; subsidiaries; affiliates; partners; officers; directors; agents; contractors; licensors; service providers; subcontractors; suppliers; interns, and employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, and without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the 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.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless BodyO and our parent; subsidiaries; affiliates; partners; officers; directors; agents; contractors; licensors; service providers; subcontractors; suppliers; interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 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 unless and 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 when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with 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 accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us 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 in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any 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 Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates as applied in the Emirate of Dubai under the jurisdiction of the Courts of the Dubai International Financial Centre.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current 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 our website periodically for changes. 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.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal@bodyo.com
SECTION 21 – DATA PRIVACY
The Parties undertake to comply with the applicable data protection rules and, in particular, law n° 78-17 of January 06, 1978 as amended, known as the “Data Protection Act” as well as Regulation (EU) 2016/679 of April 27, 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 the controller. Under no circumstances can the Parties be considered to be 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 (e.g employee data) as part of the implementation of the service. For any information in this respect, the Customer may consult the Privacy Policy of Bodyo accessible at any time on its website “https://bodyo.com”. The Client undertakes to inform its users of this Privacy Policy.
ANNEX
1. Introduction
The purpose of the Data Protection Annex (hereinafter “DPA or “Agreement“) is to govern the use of personal data of the Client, who acts as the controller (hereinafter the “Client“), by Bodyo, who acts as the Processor (hereinafter the “Processor“) within the framework of the contract (hereinafter the “Contract“).
The DPA is an integral part of the Contract signed between the Client and the Processor. In the event of any inconsistency between the Contract and the DPA, the obligations set forth in the DPA shall prevail with respect to the applicable data protection rules.
All data protection terms used in the DPA (e.g. controller, processor, etc.) are defined in Article 4 of the General Data Protection Regulation (“GDPR”).
2. Declaration
The Processor declares that it complies with all applicable data protection rules included in Regulation (EU) 2016/679 of the European Parliament
and of the Council 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“) and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, together referred to as the “applicable data protection rules“.
The Processor undertakes that it has all sufficient safeguards to meet the requirements of applicable data protection rules and, in particular, to guarantee the confidentiality and protection of Client’s data.
The Processor declares that all of its employees who process the Client’s personal data are bound by a confidentiality agreement or by any other legal document (e.g. rules of good conduct, information systems charter, etc.) that guarantees the confidentiality of the Client’s personal data.
3. Instructions
The Processor agrees to use the Client’s personal data only upon documented instructions from the Client.
The Client undertakes to inform the Processor of any changes in the instructions that may be carried out regarding the use of its personal data.
The Processor shall promptly notify the Client if the Client’s documented instructions constitute a violation of applicable data protection rules.
4. Privacy by default and by design
The Processor shall provide its service as is, in compliance with (i) service compliance by design and (ii) service compliance by default.
The Processor provides a service with all functionalities enabling the Client to meet its obligations as a data controller.
5. Security
The Processor undertakes to ensure the security of the Client’s personal data and to implement all technical and organizational measures
necessary to prevent any risk of data breach.
6. Breach of data
The Subcontractor undertakes to notify the Client, as soon as possible and within 48 working hours of becoming aware of any breach of data which
may concern the Client’s personal data.
Client to process the data breach.
In the event of a data breach, the Processor agrees to take all necessary steps to remediate and diminish the impact of the breach on Client’s
personal data.
Unless the Client has given its express prior written consent, the Processor is not authorized to take charge of data breach notifications
to the French supervisory authority, the CNIL. Similarly, the Processor is not, as a matter of principle, authorized to inform on behalf of the Client
the persons concerned by the processing carried out under the Contract.
7. Help and assistance in matters of security
The Processor shall provide the Client, upon written request, with all necessary and required information on the technical and
organizational security measures to be implemented to guarantee the security of its personal data.
The Processor shall provide to the Client, upon written request, all information necessary and required to ensure the completion of an impact analysis (“PIA “) directly related to the service provided.
The Processor shall not be obliged to ensure or audit the Client’s security or to carry out impact analyses (“PIA”) in the place and on behalf of the
Client. Any additional request for information may be refused and, if necessary, an additional service may be charged.
8. Help and assistance in matters of rights of
data subjects
Upon written request, the Processor shall provide the Client with all information necessary and required for the Client to fulfill its
obligation to respond to requests of data subjects.
obligation to respond to requests from data subjects.
However, the Processor is not obliged to manage requests for personal rights in the place and on behalf of the Client. Any additional request to ensure such management may be refused and, possibly, an additional service charged.
The Client generally agrees that Processor may engage Subprocesors in the performance of the Service provided that the Client is notified of any
changes in such Subprocessors during the performance of the Service.
The Client may issue objections by registered letter with return receipt if (i) the Subprocessor is one of its competitors, (ii) Client and the
Subprocessor are in a dispute or litigation situation, and (iii) the Subsprocessor has been the subject of a condemnation by a Data
Protection Supervisory Authority within one year of its recruitment by the Processor. Each of these situations must be demonstrated.
In the event that the objection is sustained, the Processor shall have 6 months from receipt of the objection to modify the Subsprocessor or to ensure compliance with applicable data protection rules by such Subprocessor.
In all cases, the Processor agrees to engage only Subprocessors who have the necessary and sufficient guarantees to ensure the security and confidentiality of Client’s personal data.
As such, the Processor agrees to (i) control its subsequent Subprocessors and (ii) that the contract with the subsequent Subprocessors used in the service will contain obligations similar to those in the DPA.
10. Fate of personal data
The Client shall inform the Processor, in writing prior to the end of the business relationship, of its choice (option 1) to return the personal data to the Processor and then delete the personal data and all existing copies, or (option 2) to delete the personal data and all existing copies directly, or (option 3) to transfer the personal data to a new provider and then delete the personal data and all existing copies. Unless otherwise provided for in the Agreement, option 3 must be quoted by the Client.
business relationship.
The deletion of data is irreversible. The Client is therefore invited to recover its data before the service is stopped. In case of deletion of the Client’s data by the Processor, the Customer remains solely responsible for the disappearance of the data and any consequences that may occur.
The Processor shall certify to the Client, upon written request, the effective deletion of the personal data and all existing copies.
11. Audits
The Client has the right to conduct an audit in the form of a written survey once a year to verify compliance with this Agreement. The survey shall have the force of a sworn undertaking binding on the Processor.
The survey may be communicated in any form to the Processor, who undertakes to respond within a maximum of two months of receipt.
The Client also has the right to conduct an on-site audit, at its own expense, once a year only in the event of a data breach or failure to comply with applicable data protection rules and this DPA, including as established by the written survey.
An on-site audit may be conducted either by the Client or by an independent third party designated by the Client and must be notified to the Processor in writing at least thirty (30) days prior to conducting the audit.
The Processor has the right to refuse the selection of the independent third party if the independent third party is (i) a competitor or (ii) in pre-litigation or litigation with the Processor. In such case, the Client agrees to select a new independent third party to perform the audit.
The Processor may refuse access to certain areas for reasons of confidentiality or security. In this case, the Processor will audit these areas
at its own expense and report the results to Client.
The Processor undertakes to use its best endeavours to not transfer personal data of the Client outside the European Union or to recruit
a subsequent Processor located outside the European Union.
Nevertheless, in the event that such transfers prove necessary in the context of the Contract, the Processor undertakes to implement all the mechanisms required to govern such transfers, such as, in particular, entering into the Standard Contractual Clauses (“SCCs”) adopted by the European Commission.
13. Cooperation with the supervisory authority
Where this concerns processing carried out within the framework of the Contract, the Processor undertakes to provide, on request, all the
information necessary for the Client to cooperate with the relevant Data Protection Supervisory Authority.
14. Contact
The Client and the Processor shall each appointed an interlocutor who shall be in charge of this DPA and who shall be the recipient of the various notifications and communications to be made under the DPA.
The Processor informs the Client that it has appointed Dipeeo as its Data Protection Officer, who can be contacted at the following address
●Email address: privacy@bodyo.com
●Postal address: Dipeeo SAS, 104 avenue de la Résistance, 93100 Montreuil
15. Review
The Processor reserves the right to modify this Agreement in the event of changes in applicable data protection regulations that would alter any of its provisions.
This Agreement shall be governed by French law. Any dispute relating to the execution of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Court of Appeal of the place of residence of the Subcontractor.
