PRIVACY POLICY - TERMS AND CONDITIONS

« UBIQUE TECH »

1. Preambule

Preamble

a) This policy describes the confidentiality practices of UBIQUE TECH, a simplified joint stock company with a capital of 1,163 euros, whose head office is located at 73 rue Léon Bourgeois, 91120 PALAISEAU, registered in the EVRY Trade and Companies Register under number 842 606 873, represented by its President Mr. Ali AZADI (hereinafter referred to as "UBIQUE TECH" and / or "We"). The terms of this policy apply to the Website accessible at the following URL address www.ubique.tech (hereinafter the “Website” and defined in article 2.8) as well as to its mobile application called “HabilUp ”also published by UBIQUE TECH (hereinafter the“ Application ”, downloadable from Android or iOS and defined in article 2.1) and inform you about the use, collection and processing of your Personal Data. It is recalled that UBIQUE TECH markets sensation sensors on the Website which connect via Bluetooth (hereinafter the "Product") to a mobile device via the Application (on Subscription), allowing children with cerebral palsy access video games as part of occupational therapy sessions.

b) UBIQUE TECH acts as a Data Controller within the meaning of European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter after "GDPR").

c) This privacy policy may be subject to updates. Any change will be indicated by a link to the privacy policy, integrated into the Website and the Application. In the event of significant changes to this policy, you must express your clear consent to these changes.

2. Definitions

a) "Application": designates the application called "HabilUp" published by UBIQUE TECH and downloadable by the Client from the App Store and Google Play download platforms. It is understood that access to the Application is only possible for the Customer who has previously purchased the Product and who has subscribed to the corresponding Monthly Subscription from the Website;

3. What information does UBIQUE TECH collect about you ?

a) We collect the Personal Data you provide to us:
- at the time of ordering the Product and Subscription on the Website, during which you create a personal account on the Website (then accessible in the "My Account" section);
- when you subscribe to UBIQUE TECH newsletters accessible on the Internet Site
- when you contact us for information on our offers or send us a message via the "Contact" section.

b) The Data Personal information that we collect directly from You includes:
- Name;
- First name;
- E-mail address;
- Telephone number;
- Company name (optional).

c) You must also be informed of the collection of your Bank data by our partner "STRIPE" who is in charge for online payments (when purchasing the Product and the Subscription) from our Website. It is specified that in the context of the contractual relations between UBIQUE TECH and STRIPE, the parties respect the confidentiality of your Data and guarantee that their use complies with applicable legislation. For more information on the functionality of STRIPE and how STRIPE collects your Personal Data, you can click on the following URL link: https://stripe.com/en/privacy. In all cases, the Personal Data collected from the Website is only used for the processing of the Customer's order and is never communicated to third parties.

d) When you subscribe to our newsletters, you expressly agree to receive, regularly, updated information on the activity and Products of UBIQUE TECH. You can unsubscribe at any time by clicking on the unsubscribe link at the bottom of our newsletters page.

e) In general, all of the forms available on the Website and / or the Application when collecting your Personal Data, specify whether the collection of Data is compulsory or not. In the event that you do not provide this Data when it is imperative, UBIQUE TECH will not be able to provide the corresponding services.

f) We may also collect automatically information, such as your IP address, browser type, access time, navigation information or any other information, through our analytical tracking system, including cookies or any other equivalent technology ( see below article 7 on cookies).

4. Purposes for which we process your Personal Datan

this privacy policy, in
a) We may process your Personal Data for the purposes described in this privacy policy, in particular with a view to:
-provide the services available on the Website and the Application, including, but not limited to, via the tab “Watch the video” appearing on the home page of the Website, which allows Users to understand the functionality of the Product and to assess the possibility of purchasing it and subscribing to a Subscription; this processing is necessary to carry out, at Your request, the steps prior to the conclusion of the contract (article 6.1 b) of the GDPR); b) du RGPD);
-perform operations relating to our commercial relationship (if applicable) and perform online payment transactions (also in the context of UBIQUE TECH's relations with STRIPE, in accordance with the description of this partnership in article 3.2), including invoicing, accounting, execution of the Subscription; this processing is necessary for the performance of a contract to which the data subject is a party (article 6.1 b) of the GDPR);
-communicate with You and You send the documents or information that You can request from us on the Site (newsletters, messages, etc.); the legal basis for this processing is consent (section 6.1 a) of the GDPR);
- monitor and improve our Website and our Application, including operations internal, such as the maintenance of Customers' personal accounts and security systems; this processing is based on our legitimate interest (section 6.1 f) of the GDPR) or, if necessary, on your consent in terms of cookies (see below article 7).
b) We may also use your Personal Data for any processing that may be necessary in order to comply with a legal obligation to which we are subject.

5. Sharing of your Personal Data

e) In the event that we intend to conclude a transaction which would modify the structure of our business (reorganization, merger, sale, joint venture, transfer, transfer, change of control or any other transfer of all or another part of our business, our assets or our actions), we retain the right to share Personal Data with third parties in order to facilitate and complete this transaction.

6. How long does UBIQUE TECH keep your information ?

a) We keep your Personal Data as long as it is necessary for the provision of the services offered on the Website and the 'Application and as part of the execution of our commercial relationship (if applicable) or for other essential purposes such as: compliance with our legal obligations, dispute resolution and the application of our agreements.

b) When you create your Customer account on the Website, we process and store your personal information as long as you keep your account active, and use our services or Products. When you terminate the Application Subscription or close your Customer account, we delete all Personal Data that we no longer have a business reason to keep. However, we keep all Personal Data related to our business relationship (if applicable) in order to comply with our legal obligations in this regard. In fact, in the event of a request for the deletion of your Personal Data and / or if you exercise your right to request the deletion of your Personal Data, we may however keep it in the form of an intermediate archive, for the time necessary to comply with our legal, accounting and tax obligations. The periods of effective retention of Personal Data may then vary, taking into account our legal or contractual obligations, and the type of Data concerned, which Users and Customers recognize and accept.

7. Cookies

We use cookies to improve the operation of the Website and your browsing experience. Certain Cookies allow you to use the main functions of the Website. By deactivating their use, you will no longer be able to access its features. In addition, and depending on the parameters relating to the use of cookies, certain tracking devices may be issued or read by third parties. Regarding specifically the cookies used by UBIQUE TECH, they are listed on the following link https://automattic.com/cookies/. A consent banner warns you when you first connect to the Website, by which you can decide (i) to accept or (ii) to refuse cookies, for each purpose which will be detailed to you, and even (iii) to withdraw your consent. Your consent is thus requested for each purpose (examples: website audience measurement, content sharing, analysis of centers of interest for the purpose of personalized advertising, social networks, etc.). By clicking on the titles of these purposes, a short description appears and you can thus modify the default parameters. The list of entities using cookies is as follows: 1. FormsAuthenticationService.cs and WebWorkContext.cs - to store customer authentication infor 2. CompareProductsService.cs - to store a list for compare products page 3. RecentlyViewedProductsService.cs - to store a list for recently viewed products As part of the performance analysis of our Website, we use the Google Analytics site. We must use a cookie to remember the choices made in our cookie privacy manager. This will have some consequences: • If you delete all your cookies, you will have to update your preferences for our Website again when you log in again; • If you use another device or browser, you will also have to tell us your preferences again. The read and write operations that cookies allow do not systematically involve the processing of personal data. In other words, the information collected does not always make it possible to identify you directly, but it can bring you a more personalized Web experience. However, there are cases where such processing is carried out and forms an integral part of processing of personal data subject to the provisions of the Data Protection Act of 6 January 1978 duly amended, and of the GDPR, under the conditions of the this policy.

8. Security

We take all appropriate and reasonable measures to protect Personal Data against unauthorized access, use, disclosure, modification and destruction. We thus ensure the security of Personal Data and implement the necessary technical and organizational measures, with regard to the nature, scope and context of transmission of Personal Data, as well as with regard to the risks presented by their processing, in order to preserve their security and, in particular, to prevent any accident or illegal destruction, loss, modification, disclosure, intrusion or unauthorized access to this Data. If a password is used to protect your Client account and it contains Personal Data, it is your sole responsibility to keep your password confidential.

9. Your rights

The main rights you have under current data protection law are:
(a) the right of access - you can request copies of your Data Personal;
(b) the right of rectification - you can ask us to correct inaccurate Personal Data and / or to supplement it;
(c) the right to erasure - you can ask us to erase your Personal Data;
(d) the right to restrict processing - you can ask us to restrict the processing of your Personal Data;
(e) the right to object to the processing - you can object to the processing of your Personal Data;
(f) the right to data portability - you can request that we transfer your Personal Data to another organization or to You;
(g) the right to complain to a supervisory authority - you can complain about our processing of your Personal Data to such a authority (in France, the CNIL: www.cnil.fr);
(h) the right to withdraw your consent - to the extent that the legal basis for our processing of your Personal Data is consent, you can request the withdrawal of this consent. 9.4 You can exercise any of these rights in relation to your Personal Data, by making a written request to the contact details set out below.

10. Informations

For any request related to the confidentiality of your Personal Data and / or the exercise of the rights referred to in article 9 above, you can contact our legal department at following email address: contact@ubique.tech. You will receive a response within a maximum of one (1) month from the date of receipt of your request. If necessary, this period can be extended by two (2) months by UBIQUE TECH, which will be notified to you, depending on the complexity and / or the number of requests.