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Terms and conditions for products and services

Juliette
  • Updated

PART 1 – GENERAL CONDITIONS

TABLE OF CONTENTS

I. DEFINITION

II. APPLICATION OF GENERAL CONDITIONS

III. COMMUNICATIONS

IV. MISCELLANEOUS

I. DEFINITION

Application refers to a software application developed by INVOXIA, consisting of a graphical interface accessible particularly from your smartphone, and from which you interact with the various features made available to you by the Application, allowing you in particular to record, store, access, and use data concerning you, including data arising from the use of the Products and Services designed by INVOXIA.

Consumer refers to any natural person acting for personal and non-commercial purposes, not within the scope of their commercial, industrial, artisanal, liberal or agricultural activity.

Contract refers to any contract established between INVOXIA and you on the basis of the order confirmed by INVOXIA.

CGU refers to the General Conditions of Use described in the document "General Conditions of Use" of Part 3.

User Account refers to the personal account of the User allowing them to connect to an Application in an authenticated and secure manner and to access the Services.

User Guide refers to the document describing for each Product the conditions of use specific to it.

Parties refers, depending on the context, to INVOXIA, Consumers, Users.

Product refers to all the physical media of INVOXIA containing digital elements that can be ordered on the Site.

Service refers to all digital content, free or paid, and digital services, including the means of accessing them. The Services consist, in particular, of:

  1. Allowing the creation of the Invoxia GPS and Smart Dog Collar User Account;
  2. Providing a graphical presentation of the data arising from the use of the Products, via the Invoxia GPS and Smart Dog Collar Applications;
  3. Offering data sharing functionalities of the Invoxia GPS and Smart Dog Collar Applications;
  4. Providing information to Users about the activities, news of INVOXIA, Products and services;
  5. Carrying out marketing communication;
  6. Directing to Customer Support.

Site refers to the websites available at the following addresses: www.invoxia.com and www.smartdogcollar.com

User or You refers to any person who has a User Account and/or Products and Services, including Visitors.

Visitors refers to people who access, browse, or consult the INVOXIA website, whether or not they are Users.

INVOXIA or "We" should be understood to include each entity of the INVOXIA group. Any reference to an affiliate of the INVOXIA group should be considered as only applicable to the document for which that affiliate is specifically designated as a co-contractor.

II. APPLICATION OF GENERAL CONDITIONS

2.1. Contract. These General Conditions between You (hereinafter "Buyer," "You," "Consumer") and INVOXIA, a simplified joint-stock company with its registered office at 8, Esplanade de la Manufacture, 92130 Issy-les-Moulineaux / R.C.S Nanterre 522 978 576 / VAT number FR25522978576 (hereinafter "INVOXIA," "We").

2.2. Composition. INVOXIA's General Conditions include:

  1. These General Conditions (Part 1)
  2. The General Conditions of Sale (Part 2)
  3. The General Conditions of Use (Part 3)
  4. The Privacy Policy (Part 4)

The Products and Services must be used in accordance with their User Guide, available on the INVOXIA help center for Products and Services.

2.3. Purpose. The General Conditions aim to determine the terms of sale and use of the Products and Services. They contain important information regarding your rights and obligations.

2.4. Acceptance.

a. Sale. You acknowledge and warrant (i) having obtained and read these General Conditions, (ii) that You will use the connected health Products and Services provided by INVOXIA for personal use only and not for commercial purposes, (iii) that You are of legal age or authorized according to the laws of your country of residence to contractually engage with us; (iv) that placing an order on the Site will be interpreted as an unconditional acceptance of the General Conditions which You will have access to before the payment of Your order and which You will have been able to read and accept; and (v) that You are perfectly aware that placing an order on the Site entails an obligation to pay.

b. Use. The use of Products and Services requires prior and unconditional acceptance of the General Conditions. You expressly accept the terms by checking the box provided for this purpose at the time of creating Your account. You can consult the current CGU, available on each page of the Site, at any time.

2.5. Duration. The General Conditions are concluded, following their acceptance, for the entire duration of use of the Products and Services. They apply to any modification of the Products and Services, to any new version, service or functionality of our Products and Services, regardless of the mode of access.

2.6. Modification. We may modify the General Conditions, particularly to adapt to legal developments, as well as to developments in the Products and Services. In this case, We will inform You as soon as possible on the first page of the Site and/or the "my account" tab of the mobile Application or by email. Any new use of Products and Services after notification and posting of a new version of the General Conditions constitutes acceptance.

III. COMMUNICATIONS

3.1. When You Write to Us. For any question or request for information regarding the Applications, Products and/or Services, as well as any notification under these terms, please send us a message at contact@invoxia.com. We will respond as soon as possible.

3.2. When We Write to You. By using the Services, you agree that most of our communications will be exchanged electronically and that we will communicate notifications to you by publishing them on the Application or by email. It is your responsibility to regularly check your emails, so that we can contact you at any time. The notifications transmitted are deemed to have been sent on the day of publication.

3.3. Proof. All exchanges made through the Applications or by electronic message as recorded in INVOXIA's systems stored on a storage disk complying with applicable standards are presumed reliable and will be binding between the Parties, until proven otherwise. The scope of proof of information delivered by INVOXIA's computer systems, including the double-click procedure, namely the verification of its commitments and then their confirmation, has the value of an electronic signature and constitutes the validation of the electronic contract.

IV. MISCELLANEOUS

4.1. Survival. If any provision of these General Terms and Conditions is held to be invalid or unenforceable by a court or competent jurisdiction, the invalid or unenforceable part or provision shall be deemed not to have been written.

4.2. Non-waiver. The failure to require the performance of any of Your obligations at any time does not constitute a waiver of the right to require its performance later.

4.3. Force Majeure. Any event that is considered both unpredictable, irresistible and external and that prevents INVOXIA from fulfilling its obligations in accordance with the General Terms and Conditions shall be considered a Force Majeure event. These causes include, for example, fires, floods, accidents, explosions, nuclear disasters, earthquakes, storms, hurricanes, tsunamis, epidemics, damage to industrial equipment, failures of computer systems, sabotage, strikes or other social conflicts, wars, acts or omissions of a local or government authority, difficulties in energy supply, raw materials, components or labor.

4.4. Dispute Resolution

a. Write to Us. You can address your complaint to the customer service by writing to support@invoxia.com.

b. Amicable Resolution. In the event of a dispute between INVOXIA and You in connection with your use of an Application, Product or Service, the Parties shall, in good faith, as soon as possible and prior to any legal action, try to resolve the dispute through an amicable procedure or an out-of-court settlement of disputes. If despite all our efforts to meet your expectations you are not satisfied after contacting our customer service, you can use a consumer mediator for free. The Paris Mediation and Arbitration Center will assist you in your efforts if you contact them: (i)via their online form (www.cmap.fr), (ii) by email at consommation@cmap.fr., or (iii) by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS. The parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here: http://ec.europa.eu/consumers/odr/

c. Jurisdiction. In the absence of an amicable solution, only the courts within the jurisdiction of the Court of Appeal of Paris (France) shall have jurisdiction.

d. Exclusion of Class Actions. You can only resolve disputes between You and INVOXIA on an individual basis and you cannot bring a claim as a plaintiff or member of a group in a class, consolidated or representative action. Class actions, collective arbitrations and consolidation with other actions are not allowed under these General Terms and Conditions.

PART 2. GENERAL TERMS AND CONDITIONS OF SALE

TABLE OF CONTENTS

I. PRODUCT AND SERVICE OFFER

II. SUBSCRIPTION OFFER

III. PRICES

IV. BUYER IDENTIFICATION

V. ORDERS

VI. PAYMENT

VII. PRODUCT DELIVERY

VIII. RIGHT OF WITHDRAWAL

IX. AFTER-SALES SERVICE

X. LEGAL WARRANTY

XI. COMMERCIAL WARRANTY

XII. DATA PROCESSING

XIV. GENERAL TERMS AND CONDITIONS

ANNEX 1: WITHDRAWAL FORM

I. PRODUCT AND SERVICE OFFER

1.1. Description. The Products and Services presented on the Site each have a description. Only the descriptions, characteristics, feature presentations and prices indicated on media that We publish constitute the descriptions of the Products and Services approved by INVOXIA. It is your responsibility to verify the compatibility of the Product(s) and Service(s) as described in the elements listed above, with your own needs or those for which you intend the Products and Services.

1.2. Offer. The sales offers that We present to You are valid, within the limit of available stocks, as long as they are accessible on the Site and on the Applications published by INVOXIA or until the expiration of their validity period, if they mention one on the Site or the Applications. Prior to your identification as a Buyer (by entering the information for your order), You can know the details of your cart. You can then integrate the discount codes and gift cards You have by entering the code on the same page and confirming it. The indicated price will then take these discounts into account.

II. SUBSCRIPTION OFFER

2.1. Services delivered through a Subscription. Your subscription continues until it is terminated. To use INVOXIA's service, you must have internet access and the latest available version of either the Invoxia GPS or Smart Dog Collar mobile applications from INVOXIA. Unless you cancel your subscription before your billing date, You authorize us to charge the subscription fees for your next billing cycle to your payment method (see "Cancellation" below). The term "Payment method" refers to a valid payment method.

2.2. Billing Cycle. Subscription fees for services such as the Smart Dog Collar are charged to your Payment method on the specific payment date indicated on the subscription management tab available in your Smart Dog Collar application or confirmed by email. The billing cycle is monthly, yearly, or biennial depending on the type of subscription chosen when subscribing to the service. In some cases, the payment date may vary if initial payment attempts fail, if your payment method is not correctly identified, if you change your billing cycle, or if your paid subscription started on a day not included in a given month.

2.3. Changing your Payment Method. You can change your Payment method by going to the subscription management tab available in your Invoxia GPS or Smart Dog Collar application. Following any update, You authorize us to charge the new payment method.

2.4. Termination. You are free to terminate your Smart Dog Collar subscription at any time during the first 30 days after product installation or at the end of your initial commitment period provided that you notify us of your intention to terminate 1 month before the end of the commitment date. You will continue to have access to the service until the end of your already paid billing period. Payments already made are not refundable, and we do not provide refunds or credits for partial subscription periods or unused services. To cancel your subscription, go to your subscription management portal and follow the cancellation instructions. The decision to cancel your subscription will result in the interruption of the Smart Dog Collar service, as well as all the features included on the date your subscription ends. Your Smart Dog Collar device will no longer function until You subscribe to a new subscription. We will notify you annually by email of the terms and conditions for terminating your subscription.

III. PRICES

3.1. Prices of Products and Services. Prices are always indicated, excluding delivery and transportation costs and excluding commercial warranty fees offered for some of our Products. These fees are mentioned before validating the order and will be billed in addition to the price of the ordered Product.

3.2. Excluding taxes. Depending on your location when accessing the Site, the prices indicated on the Site may not include taxes and customs fees. We draw your attention to the fact that the sale price never includes these taxes and customs fees. The legislation applicable to you may indeed provide for certain direct or indirect taxes that We do not collect. Any tax or equivalent not indicated during the ordering process is your responsibility.

3.3. Currency. The prices indicated on the Site may be proposed to you in a currency that does not correspond to the currency used in your state. We do not support currency exchange fees. You should inform yourself about the applicable fees and exchange rates at the time you place your order, particularly with regard to the means of payment you wish to use and that We offer you.

3.4. Price changes. The prices We present to you may be modified at any time. Only the price presented to you on the summary page at the time you place your order is applicable.

IV. BUYER IDENTIFICATION

4.1. Order Information.

a) Your Information. In order to place an order, you must provide us with accurate and up-to-date information, including your name, complete postal address, and telephone number. This information allows us to fulfill and deliver your order. Providing incorrect information releases us from any liability for non-performance of the Contract caused by such information.

b) Another person's information. If you have designated another person to receive your order, always make sure to obtain their prior consent to receive your order and to authorize us to communicate information about them, including their personal data. We are not responsible for information provided without the person's consent.

4.2. Cookies. In order to facilitate communication by electronic means, your identification may be automated through the use of cookies. Identification will be automatic, unless you clear your Internet browser history. It is therefore recommended to clear your Internet browser history when you exit. We are not responsible for the communication of personal data that one or more third parties may become aware of due to the express or implicit authorization you have granted to them by leaving your Internet browser without clearing your history.

V. ORDERS

5.1. Delivery terms. If we offer you different delivery methods, it is up to you to choose one that will be charged at the indicated price. The chosen delivery method applies to all the Products in your cart, with the indicated price being valid for all Products. If you want the Products to be delivered according to different terms, you must place multiple orders. Discounts and gift cards do not apply to delivery fees.

5.2. Delivery price. To let you know the price of your order, the delivery fee will be added to your cart, with the total indicating the price you will pay. We remind you that this price does not include customs fees and all taxes that you may be required to pay according to the applicable legislation.

5.3. Choice of payment method. We will offer you several payment methods. After choosing the payment method, you will be asked to complete a payment method identification form that you wish to use.

5.4. Summary. To finalize your order, we provide you with a summary of the information related to your order, allowing you to verify the details of your order. Thus, before clicking on the button allowing you to finalize the order and express your acceptance, you have the possibility to modify the billing address, delivery address, desired shipping method and your cart.

5.5. Order finalization. You acknowledge that placing an order implies an obligation to pay. The absence of payment prevents the formation of the Contract. An email acknowledging receipt of the order, its acceptance by INVOXIA, your acceptance of the General Conditions, and payment of the order will be sent to you by INVOXIA at the email address you provided us during the ordering process.

VI. PAYMENT

6.1. Payment methods. We offer you various payment methods such as payment by credit card or PayPal… This list is not exhaustive and other payment methods may be offered to you by INVOXIA at the time of ordering.

6.2. Lawfulness of the transaction. Transactions are carried out through payment transaction collection platforms to receive payments. The payment transaction is carried out by third-party companies. In order to combat fraud, we have implemented order verification procedures. These means may allow us to block and, if necessary, cancel an order if fraud is detected. You will then be notified by email at the address you provided us. If this cancellation is not necessary, please do not hesitate to contact our customer service.

6.3. Storage of bank details. We may store your bank details to facilitate your future purchases. This requires your prior consent at the time of payment for your Product. You can withdraw your consent at any time.

6.4. Subscription payment. When subscribing to a subscription giving access to paid services, we will keep your bank details until the last payment deadline if the subscription does not provide for tacit renewal or until the termination of the subscription in case of renewal by tacit renewal, unless you object. Your bank details will be deleted when the subscription is terminated.

VII. PRODUCT DELIVERY

7.1. Delivery conditions. Unless otherwise specified as to the delivery date, we undertake to deliver the Products within a period of thirty (30) calendar days after the conclusion of the Contract and payment of the order. Delivery is made by the transfer of physical possession and/or control of the Product. The delivery of the Products will be deemed to have been made as soon as (i) the delivery of the Product(s) has been made to the address you provided us, either to you or to the third party you designated; or (ii) the Product has been activated in connection with an account. Any risk of loss or damage to the Product(s) is transferred to you at the time when you, or the third party you designated, physically take possession of the Product(s).

7.2. Receipt. You or the person you designated to receive the delivery must be present at the address you indicated to receive the delivery at the times indicated by INVOXIA or the carrier and check the delivered Products and immediately notify INVOXIA, notably by email, of any anomaly on the delivered items. Any claim related to an error or anomaly in the delivery must be made as soon as possible.

7.3. Return. In case of return of an order due to a delivery impossibility which is not attributable to us or to the company in charge of the delivery, we may, without prejudice to other rights you have as a Consumer, claim from you the expenses necessary for a new shipment.

7.4. Delay. You may terminate the Contract if we do not deliver within thirty (30) calendar days after receipt of the order confirmation email and payment of your order, unless we have indicated a longer period in your order. However, prior to the termination of the Contract, you must request us to make the delivery within a reasonable additional period. The termination can only take place if we do not deliver within this period. Your termination of the Contract must be made by registered letter with acknowledgement of receipt or by writing on another durable medium. The Contract is considered terminated when we receive this letter or writing informing us of this termination, unless your order has been delivered to you in the meantime. However, you may immediately terminate the Contract if we do not comply with the above deadlines and if compliance with the applicable deadline is an essential condition for you.

7.5. Refund. If the Contract is terminated under the conditions indicated above, we will refund you all amounts paid, no later than fourteen (14) days after the date of termination of the Contract.

VIII. RIGHT OF WITHDRAWAL

8.1. Duration. You have a period of thirty (30) days from receipt of the Product or order of the Service to exercise your right of withdrawal for the purchase of a Smart Dog Collar and its associated subscription, and fourteen (14) days for other products and services provided by Invoxia, including GPS trackers and accessories.

8.2. Exclusions. This right of withdrawal granted by INVOXIA does not apply in the following cases:

  1. For Services subject to a subscription if the Services have been fully performed before the end of the withdrawal period and the performance has begun after your prior agreement and express waiver of your right of withdrawal;
  2. For the supply of goods made to your specifications or clearly personalized;
  3. For the supply of goods which are liable to deteriorate or expire rapidly;
  4. For the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  5. For the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
  6. For the supply of recordings or computer software which were unsealed by you after delivery;
  7. For the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior agreement before the end of the withdrawal period and you have acknowledged that you lose your right of withdrawal.

A Product or Service which was not purchased via the Site cannot benefit from this right of withdrawal. The user is invited to contact the distributor who sold them the Product or Service.

8.3. Immediate Performance. In the event of the provision of Services, you may request immediate performance of the Services. If you exercise your right of withdrawal from a service contract whose performance has begun, at your express request, before the end of the withdrawal period, you will pay us an amount which is in proportion to what has been performed until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

8.4. Declaration of Withdrawal. The decision to withdraw must be communicated to us through an unambiguous declaration in which you clearly express your intention to withdraw (e.g. letter sent by post or e-mail), or by sending the form attached below. For commercial management purposes and to improve our Products and Services, we may ask you to state your reasons for your decision.

8.5. Return. Your decision to withdraw commits you to return the Product(s) subject to the withdrawal, along with all their accessories, within a maximum period of fourteen (14) days from the date on which we are informed of your decision to withdraw. The return of the Product(s) is made at your expense. The burden of proof of the exercise of the present right of withdrawal and the return of the Product(s) lies with you. We therefore advise you to notify us of your decision to withdraw by registered letter with acknowledgement of receipt or to fill in and transmit the model withdrawal form or any other unambiguous statement on our website INVOXIA.com. If you use this option, we will send you an acknowledgement of receipt of the withdrawal without delay on a durable medium (e.g. by e-mail). The Product(s) and their accessories must be returned to the addresses communicated to you by our customer service.

8.6. Refund. Upon receipt of the Product(s) and after verification of them, we will reimburse you as soon as possible and at the latest within fourteen (14) days from the date of verification, the price of the Product(s) and standard delivery costs (excluding costs for a delivery method you have chosen that is more expensive than standard delivery), excluding bank charges and taxes and customs fees. The refund may be delayed until we recover and verify the Products or until you provide us with proof of their shipment. We will make this refund using the same means of payment as you used for the initial transaction. With your agreement, we may offer you to make the refund through another means of payment; in any case, you will not incur any fees for the refund.

IX. AFTER SALES SERVICE

We provide you with an after-sales service for any questions regarding our Products and/or our Services. In order to respond to your support request, some of your personal information may be temporarily transmitted to our after-sales service until the problem is resolved. We ensure that our after-sales service strictly complies with our privacy policy.

X. LEGAL GUARANTEE

10.1. INVOXIA Websites and Smart Dog Collar. INVOXIA's liability related to the use of the Site and/or the Applications to place an order cannot be engaged for direct or indirect damages that you may suffer as a result. The service attached to the means of placing an order on the Site or Applications is provided "as is" and if it is "available". INVOXIA provides no express or implied warranty of any kind in connection with this service and in particular its continuity.

10.2. INVOXIA Products and Services. By placing an order on the Site and/or through our Applications, you benefit from the legal guarantees applicable to each Product and Service. These guarantees may vary depending on the state where you have your habitual residence. Legal guarantees apply independently of the commercial guarantee. If you are a Consumer and subject to INVOXIA being the seller from whom you purchased the item, INVOXIA is liable for defects in conformity with the contract of the item or digital content or digital service and for hidden defects in the thing sold in accordance with articles 1641 and following of the civil code. Legal guarantees are exercised through the customer service, upon presentation of proof of purchase and provision of the complete references of the Product. Products are returned by post, at your expense, or according to the methods prescribed by the customer service.

10.3. Legal Guarantee. The seller is required to deliver goods in conformity with the Contract and is responsible for defects of conformity existing at the time of delivery. To be in conformity with the Contract, the Product must meet in particular the following criteria:

- it corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the Contract;

- it is suitable for any special use sought by the Consumer, brought to INVOXIA's attention at the latest at the time of the conclusion of the Contract and which INVOXIA has accepted;

- it is delivered with all accessories and installation instructions, which must be provided in accordance with the Contract.

10.4. Terms of legal guarantee.

The legal guarantee of conformity of INVOXIA Products is exercised according to the following terms:

"The consumer has a period of two years from the delivery of the product to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the defect of conformity and not the date of its appearance. This period is extended to three years for consumers residing in Spain and Portugal.

"When the sales contract for the product provides for the provision of digital content or a digital service continuously for a duration of more than two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the defect of conformity affecting the digital content or digital service and not the date of its appearance.

"The legal guarantee of conformity entails an obligation for the professional, if necessary, to provide all necessary updates to maintain the conformity of the product.

"The legal guarantee of conformity gives the consumer the right to repair or replace the product within a period of thirty days following his request, without charge and without major inconvenience to him.

"If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

"If the consumer requests the repair of the product, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the product.

"The consumer may obtain a price reduction by keeping the product or terminate the contract by receiving a full refund upon return of the product if:

"1° The professional refuses to repair or replace the product;

"2° The repair or replacement of the product takes place after a period of thirty days;

"3° The repair or replacement of the product causes major inconvenience to the consumer, especially when the consumer is responsible for the definitive costs of returning or removing the non-conforming product, or if he bears the costs of installing the repaired or replaced product;

"4° The non-conformity of the product persists despite the unsuccessful attempt by the seller to make it conform.

"The consumer also has the right to a price reduction or the termination of the contract when the defect of conformity is so serious that a reduction in price or the termination of the contract is immediate. The consumer is not required to request the repair or replacement of the product beforehand.

"The consumer has no right to terminate the sale if the defect of conformity is minor.

"Any period of immobilization of the product for its repair or replacement suspends the remaining warranty until the delivery of the repaired product.

"The above-mentioned rights result from the application of articles L. 217-1 to L. 217-32 of the consumer code.

"The seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the consumer code).

"The consumer also benefits from the legal guarantee of hidden defects under articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the product is kept or a full refund upon return of the product."

10.5 Données contenues sur le Produit. La réparation ou le remplacement du Produit peut conduire à la suppression ou à l'altération des données enregistrées dans celui-ci. Il est de votre responsabilité de sauvegarder et/ou extraire les données, logiciels, informations que Vous avez sauvegardés dans le Produit avant son envoi pour réparation ou remplacement. INVOXIA ne pourra être tenue pour responsable de tous dommages ou pertes de données non sauvegardées.

10.6. Exclusions de la garantie des Produits. Nous attirons votre attention sur le fait que les garanties légales ne couvrent pas (i)l'utilisation, la manipulation ou l'installation du Produit notamment une utilisation contraire à l'usage habituellement attendu du Produit ou qui n'est pas autorisée dans le guide d'utilisation ou les recommandations publiées par INVOXIA sur le Produit ; (ii) une conservation ou utilisation du Produit dans un environnement inapproprié (humidité ou chaleur excessive, mauvaise alimentation électrique, etc.) ; (iii) les dommages causés par ou en raison d'un accident, sinistre (inondation, incendie etc.), de corrosion, ou de toute autre cause extérieure ;(iv) l'usure normale du Produit ;(v) la durée de vie de la batterie ;(vi) les accessoires du Produit et ses consommables (notamment bracelet, batteries, chargeur, câbles, etc.), sauf s'ils sont l'objet de la commande ;**(vii) **les dommages esthétiques notamment les éraflures, rayures, égratignures et bosses ; **(viii) **les dommages provenant de l'utilisation d'un produit tiers avec le Produit, non spécifié comme compatible avec le Produit. Si l'examen du Produit retourné révélait une exclusion de garantie, Nous pourrons notamment Vous proposer soit de Vous retourner le Produit à vos frais et risques après paiement préalable des frais de retour soit la destruction du Produit.

10.7. Legal Warranty for Services. To be compliant with the Contract, the Service must meet the following criteria:

  1. It corresponds to the description, type, quantity, and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the Contract;
  2. It is suitable for any special use sought by the Consumer, brought to the attention of INVOXIA at the latest at the time of conclusion of the Contract and which INVOXIA has accepted;
  3. It is provided with all accessories, including packaging, installation instructions, and customer support, to be provided in accordance with the Contract;
  4. When the Contract provides for a one-time supply of digital content or digital service or a series of separate supply operations, INVOXIA is responsible for existing non-conformities at the time of supply under the following conditions:

"The consumer has a period of two years from the supply of digital content or digital service to obtain the implementation of the legal conformity guarantee in the event of a non-conformity defect. During a period of one year from the date of supply, the consumer is only required to establish the existence of the non-conformity defect and not the date of its occurrence.

"The legal conformity guarantee entails an obligation to provide all necessary updates to maintain the conformity of digital content or digital service.

"The legal conformity guarantee gives the consumer the right to bring the digital content or digital service into conformity without undue delay following his/her request, free of charge and without major inconvenience to him/her.

"The consumer can obtain a price reduction by keeping the digital content or digital service or may terminate the contract by being fully reimbursed against waiver of the digital content or digital service, if:

"1° The professional refuses to bring the digital content or digital service into conformity;

"2° Bringing the digital content or digital service into conformity is unduly delayed;

"3° Bringing the digital content or digital service into conformity cannot be done without costs imposed on the consumer;

"4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;

"5° The non-conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to bring it into conformity.

"The consumer also has the right to a price reduction or contract resolution when the non-conformity defect is so serious that a price reduction or contract resolution is immediately justified. The consumer is not required to request conformity of the digital content or digital service beforehand.

"In cases where the non-conformity defect is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.

"Any period of unavailability of digital content or digital service for the purpose of bringing it into conformity suspends the warranty that remained until the digital content or digital service was again in compliance.

"These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

"The professional who in bad faith obstructs the implementation of the legal conformity guarantee incurs a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

"The consumer also benefits from the legal warranty for hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or digital service is kept or to a full refund against waiver of the digital content or digital service."

10.8. Warranty terms for Services. When the Contract provides that the digital content or digital service is provided continuously, INVOXIA is responsible for defects of conformity that appear during the period during which it is provided under the Contract according to the following terms:

"The consumer is entitled to the implementation of the legal guarantee of conformity in the event of a defect of conformity occurring during the period of provision of the service. During this period, the consumer is only required to establish the existence of the defect of conformity and not the date on which it appeared.

"The legal guarantee of conformity entails the obligation to provide all necessary updates to maintain the conformity of the digital content or digital service during this period of provision of the service.

"The legal guarantee of conformity gives the consumer the right to bring the digital content or digital service into conformity without undue delay following his request, without charge and without major inconvenience to him.

"The consumer may obtain a price reduction by keeping the digital content or digital service, or he may terminate the contract and obtain a full refund in exchange for renouncing the digital content or digital service, if:

"1° The professional refuses to bring the digital content or digital service into conformity;

"2° The bringing of the digital content or digital service into conformity is unduly delayed;

"3° The bringing of the digital content or digital service into conformity cannot take place without costs imposed on the consumer;

"4° The bringing of the digital content or digital service into conformity causes a major inconvenience to the consumer;

"5° The non-conformity of the digital content or digital service persists despite the unsuccessful attempt to bring it into conformity by the professional.

"The consumer also has the right to a price reduction or to the resolution of the contract when the defect of conformity is so serious that it justifies immediate price reduction or resolution of the contract. The consumer is not required to request the bringing of the digital content or digital service into conformity beforehand.

"In cases where the defect of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for payment of a price.

"Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity suspends the warranty that was still running until the digital content or digital service is provided again in conformity.

"These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

"The professional who in bad faith obstructs the implementation of the legal guarantee of conformity shall incur a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

"The consumer also benefits from the legal guarantee of hidden defects in accordance with Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for renunciation of the digital content or digital service."

10.9. Exclusions from Service Warranty. INVOXIA is not responsible for a defect of conformity directly attributable to the incompatibility between the Service and the digital environment of the Consumer. You agree to cooperate with us to determine if the defect of conformity is caused by this incompatibility.

10.10. End of Services. In the event of termination of the Contract, the Consumer refrains from using the Service or making it accessible to third parties. If the Service has been provided on a physical medium, the Consumer shall return it without undue delay, at our request and at our expense, no later than fourteen (14) days following the date on which the Consumer informed INVOXIA of his decision to terminate the Contract.

XI. COMMERCIAL WARRANTIES

11.1. Definition. The commercial warranty is an extension of the conformity warranty and is in addition to the legal warranties. It applies, without prejudice to the right of Consumers to benefit from these legal warranties, to certain Products sold through the Site or our Applications, for the duration and prices (except for offered commercial warranties) indicated at the time of placing the order.

11.2. Terms. It is exercised, for the duration of the extension specified at the time of the order, with the customer service, upon presentation of proof of purchase of the Product and the warranty and provision of the complete references of the Product. The commercial warranty covers eligible Products against defects in materials and workmanship, when used in accordance with the usage recommendations published by INVOXIA, and not unauthorized uses, as mentioned above (see above "Legal Warranty attached to Products and Services").

11.3. Operation. INVOXIA repairs or replaces free of charge the Product covered by the legal warranty and bears the cost of returning the Product and the shipping costs of the repaired Product or the replacement Product, which will be sent to you after receipt of the Product under warranty. The warranty for your repaired or replacement Product will, depending on the solution that provides you with the best warranty, be the remaining warranty period for your initial Product or an additional period of 90 days starting from the day of delivery of your replacement Product.

11.4. Deletion of Product Data. The repair or replacement of the Product may result in the deletion or alteration of the data stored therein. It is your responsibility to save and/or extract the data, software, and information that you have saved in the Product before sending it for repair or replacement. INVOXIA shall not be liable for any damages or losses of unsaved data.

XII. DATA PROCESSING

12.1. Confidentiality. The protection of the privacy of its Buyers is of the utmost importance. We invite you to read our privacy policy. This policy details your rights, including your rights of access, rectification, and opposition to information concerning you. The Buyer is informed of his right to register for free on the list of opposition to telemarketing in order not to be the subject of commercial prospecting by telephone (information on this device is available on the site http://www.bloctel.gouv.fr/).

12.2. Hosting of data. By using an Application, you authorize INVOXIA, or any third party designated by INVOXIA for this purpose, to store data from the use of a Product and/or an Application. Your data may not be accessible at all times and we cannot guarantee that your data will be accessible forever after the discontinuation of the commercialization of Products or the release of the Application. You must therefore regularly make copies of your data, particularly using the features provided to you within the Application.

XIV. GENERAL CONDITIONS

These General Terms and Conditions of Use are subject to the General Terms and Conditions.

ANNEX I: WITHDRAWAL FORM

Please complete and return this form if you wish to withdraw.

To the attention of:

INVOXIA

Service rétractation

8, Esplanade de la Manufacture

92130 Issy-les-Moulineaux – France

Email: retractation@INVOXIA.com

I hereby notify you of my withdrawal from the contract for the sale of the following goods:

Ordered on () () // (DD/MM/YYYY)

First Name Last Name

My address: City: Postal Code\ Country\ \

Signature

Date / / (DD/MM/YYYY)

I. ACCÈS AUX SERVICES

1.1. Site internet.

The Site is accessible at this address.

1.2. Application.

The Application and associated Services are accessible via the application stores, App Store and Google Play. You must comply with the terms of use applicable to the online store used to download the Application.

1.3. Availability.

Although INVOXIA makes its best efforts to ensure reliable and available access to the Services 24 hours a day, INVOXIA cannot be held responsible for any error, bug or anomaly encountered in the use of the Services, as well as any interruption of access regardless of the reason and duration. In the event of scheduled downtime, particularly in the context of maintenance and/or developments of the Services, INVOXIA will make its best efforts to notify you in advance by publishing an alert.

1.4. Modification.

INVOXIA may, at its sole discretion, interrupt, delete, modify or add Services, permanently or temporarily. In this case, INVOXIA will endeavor, to the extent possible, to notify Users in advance. All new, modified or deleted features are subject to these General Terms of Use. The fact that you continue to use the Services after such changes implies acceptance of these changes and application of these General Terms of Use to them.

1.5. Third-party services.

Furthermore, you are solely responsible for ensuring all technical means giving you access to the Services, which you use entirely at your own risk. It is your responsibility to take all appropriate measures (including regular backups) to protect your hardware and data and to minimize any potentially harmful consequences related in particular to a possible interruption of operation or a possible loss of data generated by or as a result of the use of the Services.

1.6. Minors.

The Services are accessible to any User who is of legal age and has the legal capacity to enter into these Terms of Use. The minor User, i.e., any person under 15 years of age or the minimum age applicable in the relevant jurisdiction where this person resides, is not authorized to create an account unless a person holding parental authority has given their consent in accordance with applicable law. If it comes to our attention that we have collected personal data from a child without parental consent who does not have the minimum required age, we will take steps to disable the associated account and delete this information as soon as possible, in accordance with our Privacy Policy.

II. OPERATION OF APPLICATIONS, SERVICES AND PRODUCTS

2.1. Prerequisites for use. You must download the Application onto your personal device before using it. This device can be your personal Smartphone or the web browser on your computer (the "Device"). Downloading the Applications and exchanging data between the Application and INVOXIA servers require an internet connection that you must provide. The quality of your internet connection as well as sufficient speed and performance of your Device's processor are essential conditions for optimal use of the Applications. Your Device may not be compatible with the Application, even if you are able to download it onto your Device. Before use, it is necessary for you to check if your Device and the Application are compatible.

2.2. Product Installation. You can use your Product as soon as you have turned on your INVOXIA Product. The installation process will guide you until the installation allows normal use of the Product as described in the user guide provided with each Product.

2.3. Closure of a User Account.

a) By the user. The User may delete his/her Account by requesting the closure of his/her Account at any time, without having to justify his/her reasons.

b) By INVOXIA. INVOXIA deletes any inactive Account. An Inactive Account is any account that has not been logged into for more than three (3) years AND whose products still associated with this account have not been logged into for more than three (3) years AND the user has not clicked on a link in an INVOXIA email for more than three (3) years. When an account becomes inactive, INVOXIA informs the user by email and/or in-app notification, and the user has ninety (90) days to reactivate his/her account. After this period, the account is automatically deleted without any means of recovery. In addition, in the event of serious breach by the User of the provisions of these T&Cs, or in order to comply with any court order or legal or regulatory provision, INVOXIA reserves the right to close his/her Account, without notice or formal demand, without prejudice to the other provisions of these applicable T&Cs. In the event of a breach by the User of the provisions of these T&Cs, INVOXIA may suspend his/her Account for the time necessary for the verifications carried out by INVOXIA. The User will be informed of such a measure and invited to contact INVOXIA by email to obtain information and make any observations and/or provide proof that the breach has been remedied. In the event of a breach not remedied within a period of fifteen (15) days after this notification, INVOXIA may notify the closure of the Account. The closure takes place without prejudice to all damages that may be claimed by INVOXIA to compensate for the damages suffered by it due to such breaches.

2.4. Consequences of Account deletion. Regardless of the suspension or deletion of the Account, the User remains indebted to his/her obligations under the other applicable INVOXIA Conditions still in force. Once the Account is deleted, INVOXIA proceeds with the deletion of the data relating to the User, it being understood that as regards personal data, this is done in accordance with the Privacy Policy.

2.5. Account creation. Creating an account for the Products and Services (hereinafter the "Account") is required before any connection, access, and use of any Application. The credentials are strictly personal and confidential. The User agrees not to communicate them to any third party in any form whatsoever and undertakes to take all necessary measures to maintain their confidentiality. The User is fully and exclusively responsible for the use of their Credentials, particularly in the event of their use by a third party. Under no circumstances shall INVOXIA be held responsible in the event of identity theft of a User. Any action carried out from an Account is deemed to have been carried out by the User who is the holder of such Account. In the event of loss/forgetfulness or theft of their Credentials, including where the User notices any malicious use of their Account, they undertake to inform INVOXIA immediately via the password renewal procedure by clicking on "Forgot password?" accessible via the Connection section "Log in".

2.6. Interconnection with a Product. By interconnecting an Application and a Product, you identify yourself as a User of the Product. This connection allows you:

  1. To link data from the Product to your Account; and,
  2. To access your data through the graphical interface of the Application;
  3. To save your personal data on INVOXIA servers.

2.7. Security of your account. If you create an Account, you must follow a set of necessary actions to prevent a third party from accessing your Account. Therefore, if you use a password, it is preferable that it be robust (with a sufficient number of characters, a mixed base, and varied alphanumeric characters, etc.). The same goes for the password related to your email account. Furthermore, please remember to log out of your session when using a support that you do not control. You are solely responsible for accessing your Account and/or any other means made available to you to log in to the Site and/or the Applications. We remind you that access to your account may allow access to your personal data. We strongly advise you to activate the feature allowing the addition of a second authentication factor to log in to your Account through the Application. Any connection to your Account by a third party to which you have given prior consent is your responsibility. We cannot be held responsible for any communication of personal data to one or more third parties due to the implicit or explicit authorization you have given to such third parties.

2.8. Identification through the use of Cookies. In order to facilitate access to the electronic system, we remind you that your identification may be automated through the use of Cookies (find our cookie policy here).

2.9. Your use of the Application. The Services provided through the Applications and Products offer an analysis of the information transmitted by the User and collected automatically (subject to the User's authorization), analysis aimed at helping the user better assess their state of health. Access to features such as participation in Programs, sharing of personalized analyses, geolocation, or participation in INVOXIA research projects may require your express consent by checking a dedicated box and, depending on the case, completing a form. To learn more, you can consult our Privacy Policy.

2.10. Transmission of data to a third party. Any transmission of such analysis data to a third party, including a healthcare professional as part of their care pathway, is the sole responsibility of the User, who is also responsible for the security of such sending (messaging, accuracy of the recipient's contact details, etc.).

2.11. Nature of data. The data presented to you may be inaccurate due to inappropriate use of the application, Product, or your support. Therefore, you cannot use this data as the specific basis for a care pathway. The application does not in any way replace the consultation of veterinary care. In case of doubt about the health of your animal, always consult your veterinarian.

INVOXIA in no way provides you with a veterinary medical diagnosis or treatment,

  1. The Services are in no way intended to replace the independent clinical judgment of a qualified animal healthcare professional,
  2. The Services are not designed to replace your relationship with your veterinarian or to treat serious, urgent, or life-threatening medical conditions and should not be used in these circumstances,
  3. The general information available through the Services on medical conditions, symptoms, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never neglect, avoid, or delay obtaining medical advice from a veterinarian or other qualified healthcare professional because of something you have read on the Services. If you have or suspect that your dog has an urgent medical problem, please contact a qualified healthcare professional immediately.

You agree and acknowledge that your use of the Smart Dog Collar application is limited to viewing your health data.

2.12. Limits of use. By using an INVOXIA Application, you agree not to:

  1. Make use contrary to laws and regulations, or to the rights of third parties, including intellectual property rights, or rights to privacy, etc., including not to track a person's location without their knowledge;
  2. Act in a way that could create any harm to INVOXIA, its affiliates, its partners or any user of our Products and Services;
  3. Fraudulently introduce any data within an Application, Site, or API,
  4. Interfere, impede, or distort the proper functioning of the Application or Product in any way in order to harm the rights of third parties or INVOXIA; and,
  5. Undertake any action and/or use any method allowing data extraction, including any action of automated data reading (Data scraping), data extraction (Data harvesting), or data indexing (Web crawling) from the Application or Product;
  6. Test the vulnerability, performance, and functionality of the Application or Product for any reason other than those necessary for its intended use;
  7. Violate a security measure implemented by INVOXIA in the Application or Product; and,
  8. Use any illegitimate means to circumvent any authentication method implemented by INVOXIA to allow a user to connect to the Product;
  9. Access and maintain a section of the Application or Product to which you do not specifically have access through its usual use.

2.13. Updating an Application/Product. Applications are regularly updated. If you do not install the necessary updates to maintain the Service or Product, you may lose functionality. Updating the Application or Product is carried out in accordance with the update policy published by the manufacturer of your Support. We inform you that updating the Application may include substantial modifications to (1) the Application and/or (2) the features available on the Application. We cannot guarantee the continuity and availability of all features available through the Application. In addition, the features and availability of the Application may also depend on your location of download or connection to the Application.

2.14. Third-Party Features. We may integrate features or characteristics developed and provided by third parties in the Application to offer you complementary features and characteristics. The use of these Third-Party Features is subject to a separate contractual commitment from these Application Terms of Use. INVOXIA, as a third party to this agreement, cannot be held responsible for the direct or indirect use of these Third-Party Features.

2.15. External Sources. The Site may contain hypertext links redirecting the User to third-party websites that are not edited by INVOXIA. It exercises no control over these sites and can in no way be held responsible for the content published on third-party sites or for any damage or prejudice resulting from navigation on these sites.

III. SERVICE WARRANTIES

3.1. Scope of Application. These provisions apply to the Applications. In addition to the legal guarantees to which there can be no derogation and described in the General Terms and Conditions of Sales, the Services are provided "as is" and "as available".

3.2. Limitation of Liability. INVOXIA cannot be held responsible for (i)the unavailability of the Application, connection problems, any failure, breakdown, interruption of operation, temporary cessation of the provision of the Application, preventing access to the Products and Services or any of their features, and the consequences that may result for the user, (ii)any modification that INVOXIA may make to the Applications, Products or Services, (iii)the Use of Services and the analyses obtained by the User, (iv)any claims, losses or damages caused by any errors or omissions in the data and information provided by the user, (v)the harmful consequences that could result for the user or third parties from the use, analysis, interpretation or processing of purely indicative analyses by the user or a third party. INVOXIA disclaims any liability for direct or indirect damages, whether foreseeable or not, resulting from, arising from, based on, the use or inability to use the Services, including all moral, physical, material damages, including all losses of equipment, profits, savings, turnover, customer base, loss of opportunity, commercial opportunity, costs of replacing service or technology or data losses suffered by the user, harm to reputation, harm to physical integrity, and any action directed against the user. Therefore, these damages do not entitle the user to compensation by INVOXIA.

IV. INTELLECTUAL PROPERTY

The Applications, Products, and Services consist of elements such as texts, interfaces, photographs, graphics, images, means of navigation, trademarks, trade names, service marks, logos, designs and models, music, works of art, source codes, software, fonts, or any other element contained in the Product or Service (hereinafter the "Components"). The Components and all rights, including but not limited to, titles and intellectual property rights, are the property of INVOXIA and/or its licensors and affiliates and are protected by the provisions of international treaties and any other applicable national law of the country in which they are used. The structure, organization, and codes are trade secrets and confidential information of INVOXIA and/or its licensors and affiliates.

V. LICENSE TO USE

5.1. Compliance with the General Terms of Use. Subject to your full compliance with the General Terms of Use, We grant you a personal, non-exclusive, non-transferable, non-assignable, and non-sub licensable license, revocable at any time by INVOXIA at its sole discretion, to access and use the Application, Product or Services. The use of the Application, Product or Services does not grant you any intellectual property rights over the Application, Product or Services.

5.2. Limitation. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, commercialize, rent, perform a reverse engineering operation, decompile, extract or attempt to discover the source code of any software contained in the Application, Product or Services. No right or license, express or implied, is granted to you on any part of the Application except as expressly stated in these terms. No license is granted by reason of the combination of the Application, Product, or Service with any other software or hardware not provided by INVOXIA.

5.3. Exclusions. Any license relating to an INVOXIA patent is specifically excluded from the General Terms of Use of INVOXIA Services.

b) We are not an insurance billing company. We are not billing experts and do not provide any insurance or mutual billing services.

VII. GENERAL CONDITIONS

These General Terms and Conditions of Use are subject to the General Terms and Conditions.

INVOXIA GPS - INVOXIA SMART DOG COLLAR PRIVACY POLICY

SUMMARY

I. KEY CONCEPTS

The personal geolocation and health data you entrust us with are sensitive data that we process in accordance with identified legal bases and the highest security standards.

II. ORIGIN OF THE PERSONAL DATA WE PROCESS

Personal data is collected when you visit the website, use the products and services, navigate in the application, and when you contact customer support.

III. YOUR CONSENT

Your consent is collected for specific processing purposes. You can withdraw it at any time.

IV. PROCESSING OF PERSONAL DATA

We process all Personal Data (as identified below) for a specific purpose and on an identified and necessary legal basis. We retain Personal Data for a determined period.

V. DATA RETENTION

When you use the Products and Services in Europe, Personal Data concerning you is hosted in France and Health Data is not transferred outside the EEA.

VI. EXERCISE OF YOUR RIGHTS

You can exercise your rights under the GDPR by contacting us at privacy@invoxia.com. You can also file a complaint with the data protection supervisory authority.

VII. APPLICATION OF THE PRIVACY POLICY

This Privacy Policy informs you of how we collect and use personal data concerning you when using our Products and Services. This policy is part of our General Terms and Conditions of Use. Parental authorization is required for the creation of an Invoxia account.

VIII. PRIVACY POLICY FOR PATIENT USERS

Specific provisions regarding the collection and use of personal data concerning you, their security, and sharing with third parties apply to you if you use our remote patient monitoring services ("RPM").

I. KEY CONCEPTS

This privacy policy applies to the use of the Invoxia GPS and Smart Dog Collar applications published by INVOXIA. These free applications (web and mobile) focus on three areas: (i) location tracking, (ii) animal health and activity tracking, (iii) installation of INVOXIA products. Our applications can only be used in connection with our products. The personal geolocation and animal health data you entrust us with are sensitive data that we process in accordance with identified legal bases and the highest security standards.

1.1. DATA CONCERNING YOU

"Anonymized Data" means data resulting from personal data processing aimed at irreversibly preventing the identification of the data subject given the techniques that can be reasonably implemented.

"Pseudonymized Data" means personal data that is not directly linked to a natural person without recourse to additional information.

"Personal Data" means any information relating to an identified or identifiable person. This includes all kinds of information: name, first name, postal address, email address, etc. This also covers the notion of Personally Identifiable Information (PII) provided for by US regulations.

1.2. GDPR LEXICON

Legal Basis means the basis authorizing the Controller to process personal data (including the data subject's consent, performance of a contract, INVOXIA's legitimate interest, protection of vital interests, compliance with a legal obligation).

Legitimate Interest means the pursuit of the Controller's essential mission (INVOXIA processes non-identifying data to improve research on the basis of Legitimate Interest).

RGPD refers to the General Data Protection 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. It is applied by INVOXIA worldwide.

II. ORIGIN OF THE PERSONAL DATA THAT WE PROCESS

Personal data is collected when you visit our website, use our products and services, and navigate our application.

2.1. OUR WEBSITE. For information on the data collected on the INVOXIA website, please refer to our cookie policy.

2.2. USE OF PRODUCTS AND SERVICES. The use of our Products and Services generates the creation of personal data in the following cases:

a. Account Creation. When you create an INVOXIA account, you provide personal data related to your identity, such as your name, first name(s), age, and email address. This account allows you to access the personal data generated during the use of the Products and Services, and also allows you to modify certain data.

b. Use of our Products and Services. When you use our Products and Services, personal data is collected (such as your location). The data collected varies depending on the device you are using and how you use it.

c. Partner Applications. When you link your INVOXIA account with other applications or products, the data from the INVOXIA application is synchronized with the application of your choice. INVOXIA may also collect data about you from these third-party applications or products to improve your experience and our Services. We invite you to read the privacy policy of these third-party applications, as this Policy applies only to the Products and Services offered by INVOXIA.

d. Customer Support. When you contact customer support, certain personal data related to your INVOXIA account may be temporarily accessible to our teams depending on the problem encountered, such as data related to the Products you use.

e. Event Tracking. Certain personal data is automatically collected when using our Products and Services, notably through the use of trackers. We collect technical information such as: IP addresses, language, operating system, location (according to the permissions you have granted us), and information about the smartphone used (model, version, etc.).

III. YOUR CONSENT

Your consent is collected for specific processing purposes. You can withdraw it at any time.

3.1. COLLECTION OF YOUR CONSENT. We collect your consent for the processing of data for:

1. The creation of your INVOXIA account
2. Participation in our research programs;
3. The possible sharing of your data with third-party partner applications;
4. The activation of two-factor authentication (2FA);
5. Marketing communications.

3.2. WITHDRAWAL OF YOUR CONSENT. You can withdraw your consent at any time. To do so:

1. Delete your account;
2. Delete the connection with third-party applications;
3. Click on "unsubscribe" in commercial emails received.

IV. PROCESSING OF PERSONAL DATA

4.1. NECESSITY OF PROCESSING. We collect personal data in order to implement the various purposes listed below. If you do not wish to provide us with this data, you may not be able to access certain parts of the Products and Services, or the services offered by our customer support.

4.2. LIST OF PROCESSING. \ _A) USE OF PRODUCTS AND SERVICES \ _1. Purchase and delivery of your INVOXIA products and services via our website

  1. PROCESSED DATA: Name / First name / Email address / Postal address / Telephone number / Credit card number / IP address / MAC address of the purchased product
  2. LEGAL BASIS: Performance of the contract (acceptance of the General Terms and Conditions of Sale)
  3. RETENTION PERIOD: INVOXIA must keep billing data for 10 years for legal reasons. When subscribing to an Invoxia GPS or Smart Dog Collar subscription, banking data may be stored with a partner to facilitate the renewal of your subscription.

2. Creation of the INVOXIA account

  1. PROCESSED DATA: Email address / Name and First Name / Password (optional) / IP address / MAC address
  2. LEGAL BASIS: Performance of the contract (acceptance of the General Terms and Conditions of Use).
  3. RETENTION PERIOD: The data is kept until the INVOXIA account is deleted.

3. Graphical presentation of the data concerning you via INVOXIA GPS and SMART DOG COLLAR

  1. PROCESSED DATA: Technical, health, activity, and geolocation data collected during the use of our Products and Services.
  2. LEGAL BASIS: Performance of the contract (acceptance of the General Terms and Conditions of Use).
  3. RETENTION PERIOD: The data is kept until the INVOXIA account is deleted. You also have the possibility to delete certain data via the INVOXIA GPS or SMART DOG COLLAR application.

4. Optional sharing of personal data with third-party applications

  1. PROCESSED DATA: The exchanged data varies depending on the service used.
  2. LEGAL BASIS: Your consent to the sharing of personal data concerning you.
  3. RETENTION PERIOD: The data is shared until the sharing is deactivated or the user account is deleted.

5. Display of the route taken during a trip via the INVOXIA GPS and SMART DOG COLLAR applications

  1. PROCESSED DATA: Location data
  2. LEGAL BASIS: Your consent
  3. RETENTION PERIOD: The data is kept until the user account is deleted.

B) COMMUNICATION AND SUPPORT

1. Marketing communication

  1. PROCESSED DATA: Email address
  2. LEGAL BASIS: Specific consent given when creating your account
  3. RETENTION PERIOD: The data is kept as long as your account is active or when you no longer wish to be notified

2. Improvement of navigation on the Site

  1. PROCESSED DATA: Connection data (See Cookie Policy)
  2. LEGAL BASIS: Consent obtained through the cookie banner
  3. RETENTION PERIOD: 3 months

3. Customer Support

  1. PROCESSED DATA: Email address / Name / First Name / Content of the request.
  2. LEGAL BASIS: Necessary for the performance of the contract (acceptance of the GTC/GTU)
  3. RETENTION PERIOD: The data associated with the ticket is kept for a maximum of 5 years.

4. Customer Support satisfaction feedback

  1. PROCESSED DATA: Email address
  2. LEGAL BASIS: Legitimate interest
  3. RETENTION PERIOD: Data associated with the ticket is kept for a maximum of 5 years.

C) SECURITY AND EXERCISE OF YOUR RIGHTS

1. Activation of two-factor authentication (2FA)

  1. PROCESSED DATA: Phone number
  2. LEGAL BASIS: Your consent when activating this feature
  3. RETENTION PERIOD: The number is kept until the user account is deleted or this feature is deactivated.

2. Prevention and fight against computer fraud and cyber attacks

  1. PROCESSED DATA: Pseudonymized data concerning the different actions carried out by the user
  2. LEGAL BASIS: Legitimate interest
  3. RETENTION PERIOD: 1 year from the registration of the action.

D) RESEARCH AND DEVELOPMENT

1. Sending of "Research" questionnaires and analysis of the responses received

  1. PROCESSED DATA: User ID / The content of the questionnaire varies depending on the issues addressed
  2. LEGAL BASIS: Consent of the person filling out the questionnaire
  3. RETENTION PERIOD: Pseudonymized data is kept until the account is deleted.

2. Anonymization of data for research purposes

  1. PROCESSED DATA: Relevant data for the study
  2. LEGAL BASIS: Legitimate interest

3. Improvement of Products and Services (including improvement of algorithm performance and statistical analysis)

  1. PROCESSED DATA: Relevant data related to the processing carried out. These are exclusively pseudonymized data
  2. LEGAL BASIS: Legitimate interest

4.3. DATA SHARING. We only share this data in the circumstances described below:

a. Your control over Data. You can ask us to disclose information to other people, such as when you use our community features such as forums or programs that require sharing with third parties. You can change your choices at any time by changing your account settings or consulting our Help Center.

b. Internal and legitimate exchange. Personal data may be processed by employees of INVOXIA SAS and its subsidiaries, within the limits of their respective responsibilities and solely in order to achieve the purposes described in this Policy.

c. Use of our subcontractors. We share certain data with subcontractors who are experts in their field to enable the provision of Products and Services. Our subcontractors are obliged to comply with the GDPR regulations and only process the shared data for the intended purpose. We use subcontractors to help ensure the quality of certain services and products.

e. Legal reasons. We may share personal data about you when required by law, court order, legal process or if we believe in good faith that disclosure is reasonably necessary to (a) investigate, prevent or take action regarding suspected or confirmed illegal activities, or to assist public authorities; (b) investigate and defend against any third party claims or accusations; (c) protect the security or integrity of our services. We will notify you of any legal proceedings that require access to Data about you, unless prohibited by law. In cases where a court decision specifies a non-disclosure period of the request to those concerned, we will send you a deferred notification after the non-disclosure period has expired.

V. DATA RETENTION

5.1. RETENTION PERIOD. The retention period indicated in the processing list depends on the type of data, purpose or our legal obligations. If you request it, INVOXIA deletes the data concerning you from its servers and asks its subcontractors involved in the processing to perform the same operation. We use subcontractors for backup data management. This data will be used in case of operational problems to ensure the continuity of our services and products. Please note that, for security reasons, we are not able to reflect the deletion or modification of data on already performed backups, in order to protect the integrity of backup data.

5.2. ANONYMIZED DATA. INVOXIA may anonymize data concerning you in compliance with applicable security standards and regulations. Once anonymized, they no longer allow you to be identified and are no longer Personal Data. INVOXIA uses data in this form to participate in research projects.

5.3. DATA SHARED WITH THIRD PARTIES. If you have chosen to share the data concerning you from INVOXIA Products and Services with third parties, we cannot ensure the deletion or anonymization of this data. We invite you to contact the third party for more information.

VI. HOSTING, TRANSFER AND DATA SECURITY

The Personal Data concerning you is hosted in France. However, other data may be transferred to our partners located outside the EEA. INVOXIA will take several measures in case of data breach.

6.2. SUBCONTRACTORS. Other data may be communicated with partners located outside the European Economic Area for specific purposes (such as telecommunications or security of banking transactions).

6.3. SECURITY. We invite you to consult our dedicated page.

VII. EXERCISE OF YOUR RIGHTS

You can exercise your rights by contacting us at privacy@INVOXIA.com.

7.1. YOUR RIGHTS. You can exercise the following rights independently or with our help.

a. Right of access. You can access the personal data concerning you processed, collected or stored by INVOXIA. You can find this information directly on your account or via customer support.

b. Right of rectification. If you find that the data concerning you is inaccurate, you have the right to request its correction. Some personal data can be directly modified from your INVOXIA account.

c. Right to limitation and right of opposition. If you find that data concerning you is inaccurate, you can ask us to stop processing that data until the situation is corrected. You can also ask us to stop processing the data concerning you.

d. Right to erasure: You can request the deletion of the personal data concerning you. We will help you delete the personal data concerning you via your account or customer support.

e. Right to portability. You can ask us to communicate the personal data concerning you to another company.

7.2. ASSISTANCE IN THE EXERCISE OF YOUR RIGHTS.

You can exercise your rights at any time by writing to privacy@INVOXIA.com. Proof of identity may be requested if we have no other means of verifying that you are the account holder to which the data relates. INVOXIA processes all requests that are not excessive within the time limits set by the GDPR.

7.3. CNIL ASSISTANCE.

In the event of a dispute, you have the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties (CNIL) whose registered office is located at 3 Place de Fontenoy, TSA 80715, 75334 Paris Cedex 7.

IX. TERMS AND CONDITIONS

These General Terms and Conditions of Use are subject to the General Terms and Conditions.

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