AZEOO PERSONAL DATA PROTECTION POLICY

Last update: August 2022

1. Preamble

★ What are we talking about?

Personal data refers to any information that can directly or indirectly identify you.

For example, your contact information (e.g., last name, first name, postal address), but also
your location, an identification number (e.g., IP address), a photograph, etc., are considered
personal data.

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

These Users benefit from various free and paid features 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
specific, explicit and legitimate purposes. The purpose of this Privacy Policy is to describe to
you how we proceed.

★ What are the applicable regulations?

This Privacy Policy is based primarily on two texts:

Regulation (EU) 2016/679 of April 27, 2016, hereinafter referred to as “GDPR”;
The law n°78/17 of January 6, 1978 modified, hereinafter referred to as “Data Protection Act”.

★ Where can I find the information that concerns me?

For the most clarity possible, Azeoo offers you several sources of information:

This Privacy Policy explains how we process your personal data when you browse
our website https://azeoo.com/ or use our services;
The Azeoo Freemium Terms of Service as well as the various General Terms of Sale and Service govern the commercial conditions applicable to our offers;
– The Legal Notices make available all useful information concerning the Azeoo company.

2. The person responsible for the treatment

According to the regulations (GDPR, Article 7), the 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 SAS
23 Rue Crépet 69007, Lyon – France
RCS Lyon : 813 620 424

3. Personal data processed

★ Which of my personal data are processed?

Within the framework of the use of Azeoo Services, the User’s personal data that are likely to be processed are related to :

Its identification (e.g.: name, first name, date of birth, photograph).
His/her personal details (e.g. email address, telephone number).
To the professional structures in which it is registered.
Its objectives within the framework of the use of the Azeoo Services.
His level of sport.
His sports and nutritional activity.
Its morphology (e.g. weight, height) and physiology (e.g. heart rate).
Its geolocation.
Its use of the Azeoo exchange forum (e.g.: messages, publications, comments,
exchanged photographs).
Its connections to Azeoo Services (e.g. date and time, frequency, duration).

★ Which of the processed data are considered sensitive?

Under Article 9.1 of the RGPD and Article 6.1 of the Data Protection Act, a certain amount of data is considered to be prohibited in principle from being processed, with certain exceptions: this is the so-called “sensitive” data.

This includes health-related data, which may only be processed if the User has given his/her explicit consent for one or more specific purposes.

In this regard, the User is expressly informed that :

His morphological and physiological data (e.g.: mention of weight) as well as data relating to his 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 only on the explicit consent of the User, which the latter may withdraw at any time.
Under no circumstances is the provision of such data mandatory, regulatory or contractual, 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 sports and nutritional activity (see Purposes below).

4. How we process your personal data

★ For what purposes is your data processed?

When you browse our site or use our services, your data may be processed for the following purposes

➔ The management of contracts and customer accounts. For this purpose, the User may:

Ask for a “demo”.
Subscribe to a commercial offer.
Create and manage a user profile (Athlete, Coach or Club).
This processing is necessary for the execution of the contract or pre-contractual
measures taken at the request of the User.

➔ Monitoring of sports and nutritional activity. For this purpose, the User may:

Benefit from a secured access to the platform and use the sports and nutritional programs proposed by Azeoo Services.
This processing is necessary for the execution of the contract or pre-contractual measures taken at the request of the User.

➔ Improving access to Azeoo Services. For this purpose, the User may:

Access the Azeoo Services via your Facebook account or your Apple account.
Access Azeoo Services via connected devices (e.g. watches, fitness devices) subject to their compatibility.
This processing is based on the legitimate interest of Azeoo, consisting of allowing each User to benefit from easier access to Azeoo Services.

➔ The improvement of the use of Azeoo Services. For this purpose, the User may:

Benefit from an improved monitoring of its sports and nutritional activity through the provision of data considered or likely to be considered as health data (see box above).
Benefit from a geolocation in order to be proposed more relevant contents on the exchange forum and to select the professional structures on a criterion of proximity.
This processing is based on the User’s consent.

➔ The provision to Users of a forum for exchanges and the management of its proper functioning. For this purpose, the User will be able to:

Broadcast, to other Users or only a part of them, all or part of its activity recorded on the Azeoo platform.
Exchange with other Users through a dedicated messaging system.
This processing is based on the legitimate interest of Azeoo, which consists in offering a quality service by allowing each User to promote his own sports and nutritional activity, and to know those of others.

In this regard, the User is expressly informed that :

Within the framework of the use of the forum of exchanges, it remains entirely responsible for the contents which it wishes to diffuse near the other Users.
The publication settings of the exchange forum do not allow to restrict access to the contents he publishes among the members of his network. Consequently, all the members of his network will have indistinct access to the contents that he publishes.
Content that he/she wishes to keep private or confidential should not be disseminated.
The contents that he/she publishes are likely to be considered as sensitive data (see box above). The publication, even voluntary, of such data, generates an increased risk for its private life.

➔ Management of payments and invoices, and bookkeeping.
This processing meets a legal obligation.

➔ Informing Users about our news (newsletter).
This processing is based on the legitimate interest of Azeoo, consisting of informing Users of the various developments related to its development.

➔ Electronic commercial prospecting and personalization of advertising content.
This processing is based on the User’s consent.

➔ Conducting customer satisfaction surveys and studies: polls, product tests, sales statistics and organizing contests.
This processing is based on the legitimate interest of Azeoo, consisting in the
continuous improvement of our service and our products.

➔ Management of pre-litigation and litigation.
This processing is based on the legitimate interest of Azeoo, consisting in the
establishment of proof of a right or a contract.

★ How do we collect your data?

We collect your data in two ways:

Through your own navigation or your use of the Azeoo platform (direct collection);
Through professional partner structures (indirect collection).
When the personal data we invite you to provide are necessary to access or use the Azeoo Services (e.g., recording of performances to ensure follow-up), the requirement to provide these data is contractual. If you do not comply, you may not be able to access or use the
Azeoo Services.

★ Is your data transmitted to third parties?

Azeoo only transmits your personal data to recipients who have the strict need to ensure the processing in accordance with the purpose of their collection.
In this context, the service providers in charge of the following missions 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 management of payroll and accounting / Commercial and marketing management of B2B customers / B2B and B2C advertising emailing / Payment and invoice management services / Hosting and management of the site / Management of customer satisfaction and organization of contests / Geolocation / Management of the newsletter / Depositing of cookies on your terminal subject to your consent / If necessary, the courts or
control authorities concerned, mediators, lawyers, bailiffs, accountants and auditors.

★ 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’s 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 GDPR, or is (ii) framed by appropriate safeguards under Article 46 of the GDPR, including 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 GDPR.

★ How long will your data be kept?

We keep your personal data until the purpose for which it was collected is fulfilled.
For 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 end of Azeoo’s accounting 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 imposed by a legal obligation.

As an example:

Invoices are kept for a period of 10 (ten) years as of the closing of Azeoo’s accounting year following the date of issue of the invoice.

5. 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 necessary, upon request, 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 corrected or completed.

➔ Right to erasure: you have the right to have your personal data erased as soon as possible, in particular when it is no longer necessary 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 limitation: you have the right to obtain the limitation, i.e. the freezing of the processing of your personal data, in particular when they are necessary for the
establishment, exercise or defense of your legal rights.

➔ Right of objection: you have the right to object at any time, for reasons relating to your particular situation, to the processing of your personal data. Only legitimate and compelling reasons of Azeoo or the establishment, exercise or defense of legal claims can prevent this right.

➔ 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.

Note that each User can rectify or delete his own personal data via the Azeoo platform.

★ How to exercise them?

You have the possibility to exercise your individual rights on your data:

By email to the following address: contact@azeoo.com.
By mail at the following address Azeoo SAS – 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 GDPR, 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 you, such as a copy of your ID.

★ Do you have the right to file a claim?

Absolutely. If you feel that you are unable to exercise your rights, or wish to report a breach of the rules for 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).

6. Cookie management

In order to improve the functioning of the site and to optimize your navigation, Azeoo may deposit cookies, through 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 allow 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 interests.

When using 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 for some of the solutions we use are dependent on an external processor, who may, if you agree, process personal data about you under their own privacy policy.

You have the option of blocking the storage of such cookies using your browser settings. In doing so, each browser’s configuration is different. By way of example, ChromeTM; Internet ExplorerTM; SafariTM; FirefoxTM.

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

Finally, this site uses reCAPTCHA, a tool (Google) for automatic detection of human browsers, in order to avoid possible malware caused by computer robots.

7. Privacy Policy Update

Azeoo may modify this Privacy Policy from time to time.

If we wish to use your personal data in a different way than we have already brought to your attention, these changes will be notified to you in advance in a visible way on our website and on the Azeoo platform.

By continuing to use the Azeoo Services following such notification, you will be deemed to have accepted the changes.

8. Litigation

This Privacy Policy is subject to French law.

In the event that a dispute arises as to the validity, interpretation, or enforcement of this Privacy Policy, the parties will endeavor in good faith to reach an amicable resolution.

In the absence of amicable resolution, the dispute will be brought before the courts of the jurisdiction of the Court of Appeal of Paris, exclusively competent.