PRIVACY POLICY

Preamble

What are we talking about?

Personal data refers to any information that can be used to identify you, either directly or indirectly.

For example, personal data includes your contact details (e.g. surname, first name, postal address), but also your location, an identifier number (e.g. IP address), a photograph, and so on.

In this respect, the present Privacy Policy applies only to natural persons, hereinafter referred to as "Users", whether private individuals or professionals (e.g. athletes, coaches, managers of professional structures such as gyms), with the exception of legal entities.

These Users benefit from various free and paid functionalities dedicated to sports training and nutrition, offered by AZEOO via its platform (mobile - Android and iOS versions - and web), hereinafter referred to as "AZEOO Services".

At AZEOO, we only collect personal data that is strictly necessary for the achievement of determined, explicit and legitimate purposes. The purpose of this Privacy Policy is to describe how we do this.

What regulations apply?

This Privacy Policy is based on two main texts:

• Regulation (EU) 2016/679 of April 27, 2016, hereinafter referred to as the "RGPD."
• Law no. 78/17 of January 6, 1978 as amended, hereinafter referred to as the "Data Protection Act".

Where can I find the information that applies to me?

For maximum clarity, AZEOO offers you several sources of information:

• This Privacy Policy explains how we process your personal data when you browse our azeoo.com website or use our services;
• The Athlete and Professional General Terms of Service governing the commercial conditions applicable to our offers;
• The Legal Notice section provides access to all useful information about AZEOO.

1. The data controller

In accordance with the regulations (RGPD, article 7), the data controller is the entity that determines the purposes and means of the processing.

For the purposes of this Privacy Policy, the data controller is:

AZEOO
23 Rue Crépet
69007 LYON
FRANCE
Société par actions simplifiée
R.C.S. Lyon N°813 620 424

2. Personal data collected

Which of my personal data is processed?

In the context of the use of AZEOO Services, the User's personal data that may be processed are related to :

• Personal information provided by you. The personal information we collect depends on the context of your interactions with us and the Services, the choices you make and the features you use. The personal information we collect may include the following:
  - last name, first name, gender
  - e-mail addresses
  - user name
  - passwords
  - contact or authentication data
  
• Social Network Login Data. We may offer you the opportunity to register with us using your Facebook account details or another account based on SSO connections.
• Application Data. If you use our applications, we may also collect the following information if you choose to provide us with access or permission:
  - Geolocation Information. We may request access or authorization to track location information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain Location Services. If you wish to change our access or permissions, you can do so in your device settings.
  - Access to mobile devices. We may require access or authorization to certain features of your mobile device, including Bluetooth, camera, contacts, microphone, storage, access to image/photo/video gallery, access to documents or other files, and other features of your mobile device. If you wish to change our access or permissions, you can do so in your device settings.
  - Mobile device data. We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application ID numbers, hardware model and Internet Protocol (IP) address (or proxy server). If you use our applications, we may also collect information about the telephone network associated with your mobile device, the operating system or platform of your mobile device, the type of mobile device you use, the unique identifier of your mobile device and information about the features of our applications that you have accessed.

This information is mainly required to maintain the security and operation of our applications, for troubleshooting and for internal analysis and reporting purposes.

All personal information you provide to us must be true, complete and accurate, and you must inform us of any changes to such personal information.

Google Fit and Health Kit:

AZEOO uses Google Fit from Google and HealthKit from Apple which provide a central location to store health and fitness data on the User's Android or Apple phone, the data is used if and only if the User accepts, validates their consent.

Through these connections, AZEOO can access the following information statements:

• User weight
• User size
• Activities carried out by the User

This functional element can be deactivated at any time and thus prevent the reading of the above-mentioned information. The User must not, under any circumstances, provide AZEOO with sensitive data, and in particular data relating to his/her health within the framework of AZEOO Services.

Which of the data processed are considered sensitive?

Under Article 9.1 of the RGPD and Article 6.1 of the Loi Informatique et Libertés, a certain amount of data is considered to be prohibited from processing in principle, barring exceptions: this is the so-called "sensitive" data.

These include data concerning health, which may only be processed insofar as the User has given explicit consent for one or more specific purposes.

In this respect, the User is expressly informed that:

• The User's morphological and physiological data (e.g. weight), as well as data relating to his or her sporting and nutritional activities (e.g. mention of a food allergy), are considered sensitive data insofar as they are likely to reveal, even indirectly, data concerning the User's health.
• The collection and processing of such data is based solely on the User's explicit consent, which may be withdrawn at any time.
• In no case does the provision of such data have a mandatory, regulatory or contractual character, so that their non-provision has no impact on the use of AZEOO Services.
• The specific purpose allowed by the collection and processing of such data is the improvement of the use of AZEOO Services, in particular the monitoring of the User's sporting and nutritional activity (see Purposes below).

3. How we process your personal data

For what purposes is your data processed?

We use your Personal Data to perform the functions of our Services, as well as to provide you with the Services you request. We also use Personal Data collected through our Services for the purposes described in this Privacy Policy or otherwise communicated to you.

• Provide Services, including securing, troubleshooting, enhancing and customizing them.
• Improve and develop our Services, in particular by evaluating your use of our Products and Services, improving existing Services or creating new ones.
• To carry out activities such as improving our internal operations, securing our systems and detecting fraudulent or illegal activity.
• Personalize, in particular by understanding your profile and preferences to improve your experience and appreciation of our Services.
• Provide customer support, including Help Desk Services, and answer your questions. We may record telephone calls for training, quality assurance and administrative purposes in accordance with and to the extent permitted by applicable regulations.
• To assess compliance with applicable terms of use, for example to verify that you are a licensed user and that you comply with the applicable terms of use set out in your contract with us.
• Carry out communications, such as sending confirmations, invoices, technical notices, updates, security alerts and support and administration messages.
• To carry out marketing activities, such as providing you with new Services, offers, promotions and other information about our Services and our Customers. We may process your Personal Data for market research and advertising purposes, to provide you with personalized information on our websites and elsewhere, and to offer you other personalized content based on your activities and interests.
• To meet legal requirements, for example by cooperating with public and governmental authorities, courts or regulatory bodies in accordance with our legal obligations under applicable regulations, to the extent that this requires the processing or disclosure of Personal Data for the purpose of protecting our rights, or as necessary for our legitimate interest in protecting against misuse of our websites, our Services, protecting personal property or safety, enforcing remedies available to us and limiting our damages, complying with legal process, court orders or legal mechanisms, responding to legal requests or for audit purposes.

We combine the Personal Data we collect from different sources to provide you with a more transparent, consistent and personalized experience.

In this respect, the User is expressly informed that :

• When using the exchange forum, the User remains entirely responsible for the content he/she wishes to disseminate to other Users.
• The exchange forum's publication settings do not allow you to restrict access to the content you publish among the members of your network. Consequently, all members of his network will have indistinct access to the content he publishes.
• Content that you wish to keep private or confidential must not be broadcast.
• The content he publishes is likely to be considered sensitive data (see Box above). The publication of such data, even if voluntary, entails an increased risk to his or her privacy. 

How do we manage your social connections?

If you choose to register or log in to our Services using a social network account, we may have access to certain information about you.

Our Services offer you the option of registering and logging in using your third-party social network account details (such as your Facebook credentials). When you choose to do so, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider involved, but will often include your name, e-mail address, friends list and profile picture, as well as other information you choose to make public on such social media platform.

We will use the information we receive only for the purposes described in this Privacy Policy or which are clearly indicated to you on the relevant Services. Please note that we do not control and are not responsible for other uses of your personal information by your third-party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and applications.

How do we collect your data?

We collect your data in two ways:

• Through your own browsing or use of the AZEOO platform (direct collection);
• Through professional partners (indirect collection).

When the personal data that we invite you to provide is necessary to access or use the AZEOO Services (e.g. performance recording to ensure follow-up), the requirement to provide this data is contractual in nature. If you do not comply, you may not be able to access or use the AZEOO Services.

Will your data be passed on to third parties?

AZEOO transmits your personal data only to those recipients who strictly need it, to ensure that it is processed in accordance with the purpose for which it was collected.

In this context, service providers in charge of the following tasks are concerned: Establishing contact for the purpose of contracting commercial partnerships with professional structures / Management of commercial partnerships by professional structures / Management of commercial partnerships by mobile applications interoperable with AZEOO Services / Outsourced payroll and accounting management / Commercial and marketing management of B2B customers / B2B and B2C advertising emailing / Payment and invoice management services / Site hosting and management / Customer satisfaction management and organization of competitions / Geolocation / Newsletter management / Depositing cookies on your terminal subject to your consent / Where applicable, relevant courts or supervisory authorities, mediators, lawyers, bailiffs, chartered accountants and auditors.

Information sharing between users and professionals

With regard to users:
‍Professionals registered with the Application are subject to the rules of professional conduct applicable to all members of their professional order, including the rule of professional secrecy. The latter also undertake to preserve the confidentiality of all information received and/or exchanged with users within the framework of the Application, regardless of the existence of a professional-client relationship or mandate, and to use such information only in accordance with the strict conditions to which they have consented.

‍As regards professionals:
‍All information contained in professionals' profiles is accessible by their client registered in the Application and by AZEOO for administrative purposes only. Registered professionals have acknowledged and consented to this information being made public in the context of users' use of the Site.

Is your data transferred outside the European Union (EU)?

Some of the personal data we collect may be transferred outside the European Union, mainly to Canada and the United States, where AZEOO service providers are present.

In any event, AZEOO ensures that any transfer of personal data outside the EU is (i) made to a country that is the subject of an adequacy decision by the European Commission under Article 45 of the RGPD, or is (ii) framed by appropriate safeguards under Article 46 of the RGPD, in particular the European Commission's standard contractual clauses combined with additional technical and organizational measures to ensure a high level of data security and confidentiality, similar to that required by the RGPD.

How long is your data stored?

We retain your personal data until the purposes for which it was collected have been fulfilled.

By way of example:

• If you are not yet a customer, your personal data may be kept until you withdraw your consent to receive commercial prospecting, and up to 3 (three) years from the last commercial contact with us (e.g. when you click on an offer we send you).
• If you are a customer, your personal data may be kept for up to 5 (five) years from the close of AZEOO's financial year following the end of the contractual relationship, in intermediate storage (access only in the event of litigation).

In some cases, a longer retention period is required by law.

By way of example :

• Invoices are kept for a period of 10 (ten) years from the close of AZEOO's financial year following the date of issue of the invoice.

4. Your individual rights

What rights do you have over your own personal data?

• Right of access: you have the right to ask us to confirm that your personal data is being processed by our services. If you wish, we will send you a copy of your personal data that is being processed.
• Right to rectification: you have the right to have inaccurate personal data processed by us rectified or completed.
• Right to erasure: you have the right to obtain the erasure of your personal data as soon as possible, in particular when it is no longer required for the purposes for which it was collected, or when you withdraw your consent on which the processing of your data was based.
• Right to restriction: you have the right to obtain restriction, i.e. a freeze on the processing of your personal data, in particular where this is necessary for the establishment, exercise or defense of your legal rights.
• Right to object: you have the right to object at any time, for reasons relating to your particular situation, to the processing of your personal data. This right can only be opposed by AZEOO for legitimate and compelling reasons, or for the establishment, exercise or defense of legal claims.
• Right to portability: you have the right to receive from AZEOO the personal data you have provided to us, in a structured, commonly used and machine-readable format.

Please note that each User can rectify or delete their own personal data via the AZEOO platform.

How do you exercise them?

You can exercise your individual rights with regard to your data:

• By e-mail to the following address: contact@azeoo.com
• By mail at the following address AZEOO - 23, rue Crépet, 69007 Lyon - FRANCE.

Your request will indicate the right(s) you wish to exercise. In accordance with Article 12.6 of the RGPD, where AZEOO has reasonable doubts as to the identity of the person exercising his or her rights, we will be able to ask you for information necessary to confirm that it is indeed you, such as a copy of your identity document.

Do you have the right to file a claim?

Absolutely. If you feel you are unable to exercise your rights, or wish to report a breach of the rules governing the protection of your personal data, you have the right to lodge a complaint with the supervisory authority, the Commission Nationale de l'Informatique et des Libertés (CNIL).

5. Cookie management

In order to improve the site's functionality and optimize your browsing experience, AZEOO may use cookies placed by subcontractors or partner companies.

But don't worry! We respect your privacy in all cases, and ask for your consent in accordance with the legal framework in force.

These cookies enable us to measure the audience in order to improve the overall functioning of our site, to optimize your browsing experience by proposing personalized content, and to propose offers adapted to your centers of interest.

In connection with the use of cookies, AZEOO may process personal data about you as an independent data controller, or as a joint data controller with social networks.

However, please note that the cookies of some of the solutions we use depend on an external data controller, which may, if you agree, process personal data about you under its own privacy policy.

You have the option of blocking the deposit of such tracers using your browser settings. When doing so, the configuration of each browser is different. By way of example: Chrome™; Internet Explorer™; Safari™; Firefox™.

In accordance with CNIL recommendations, the lifespan of the tracers we use is limited to 13 (thirteen) months, while the information collected via them will not be kept beyond 25 (twenty-five) months.

Lastly, this site makes use of reCAPTCHA, a tool (Google) for automatic detection of human browsers, in order to avoid possible malicious acts caused by computer robots.

6. Privacy Policy Update

AZEOO may modify the present Privacy Policy.

If we wish to use your personal data in a manner different from that which we have already brought to your attention, these modifications will first be notified to you in a visible manner on our site and on the AZEOO platform.

By continuing to use the AZEOO Services following such notification, you will be considered to have accepted the modifications.

7. Disputes

This Privacy Policy is governed by French law.

Should any dispute arise as to the validity, interpretation or execution of this Privacy Policy, the parties shall endeavor in good faith to reach an amicable settlement.

Failing amicable settlement, the dispute shall be brought before the courts of the jurisdiction of the Paris Court of Appeal, which shall have exclusive jurisdiction.