Terms Of Use

Thank you for joining Fabulous (“We”, “Us”, “Company”). These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the health coaching services, mobile application, and Service provided or operated by Fabulous (“Service”) including any content and functionality offered through the Service. (“Terms of Use” or “Agreement”)

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OF AGE. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 13 YEARS OLD OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

Fabulous (“FABULOUS,” “We,” “Us,” and “Our”) is a simplified joint stock company with a capital of 2,500 euros registered in the Paris Trade and Companies Register under number 812 836 047 with its registered office at 128, rue de la Boétie 75008 Paris. FABULOUS provides to its users (the “User”, “You”, and “Your”) a broad range of services, including coaching services, , applications, platforms, site and any other product currently developed or to be developed in the future by FABULOUS (the “Services”) subject to the present terms of service (the “Terms of Service”). As the case may be, we encourage you to consult with your healthcare provider before starting the Services, as Fabulous never provides any medical advice to its Users. These Terms of Service govern your use of the Services and may be completed by specific terms such as the Live Coaching terms attached hereto or any other additional terms in relation with any other service provided by Fabulous (together or separately the “Specific Terms”). In case of contradiction between the Terms of Service and any Specific Terms of Service, the latter shall prevail over the Terms of Service. These Terms of Service together with any applicable Specific Terms, define your relationship with Us and give You the permission to use the Services. It sets out our respective rights, obligations, and responsibilities in relation to the provision and use of the Services. We rely upon Your promise that you have reached the legal age of majority in your province or territory of residence or that you have your parent or legal guardian’s permission to be authorized to use the Services and enter into these Terms of Service together with any applicable Specific Terms.

Article 1. DEFINITIONS

Unless otherwise stipulated by the Terms of Service or, if applicable, any Specific Terms, or unless otherwise the context requires, the following words or expressions, provided that the first letter is written with a capital letter, shall have the meaning assigned respectively hereto: Any reference in the singular also includes the plural and vice versa. Any reference to one gender includes the other gender. “Account”: Your personal user account that enables You to access the Service(s) with Your login and password. “App”: the app developed and operated by Fabulous to which You log in using your Account, created for this purpose to have access to the Service(s). “Coach(es)”: the qualified professional performing the live-coaching sessions pursuant to Fabulous coaching methods. “Live Coaching Services”: the live coaching services provided by Fabulous Coaches to the User pursuant to Fabulous coaching methods. “Live Coaching Terms”: the specific terms of use for the Live Coaching Services attached hereto defining the conditions under which You use the Live Coaching Services including their preamble,
their appendices and any other document to which they refer, as well as any amendment, substitution, extension or renewal thereof.“Party” or “Parties”: individually referred to as Fabulous or the User and collectively referred to as Fabulous and the User. “Privacy Policy”: the privacy policy of Fabulous governing Your data processing when you use the App and/or the Services. “Terms of Service” or “General Terms of Service”: the general terms of use of Our Service(s), defining the conditions under which You use the Services, including their preamble, their appendices and any other document, such as Specific Terms, to which they refer, as well as any amendment, substitution, extension or renewal thereof.“Services”: the $ services provided by Fabulous to the User, including but not limited to apps, sites, devices, and any other product currently developed or to be developed in the future by FABULOUSdescribed in the welcome page of each Service. “Site”: Fabulous website presenting the Services at the address: https://www.thefabulous.co. “Specific Term”: any specific term governing the use of one service in particular completing the Terms of Service. “Subscription”: the subscription to which the User subscribes to access to the Service(s). “User”: the physical person having subscribed to the Service(s) provided by Fabulous according to the conditions set forth in these Terms and Conditions together with any applicable supplemental and specific terms and conditions.

Article 2. SUBSCRIPTION TO THE SERVICE(S) SUBSCRIPTION TO THE

2.1 You subscribe to the Service(s) of Your choice at the price (the “SubscriptionPrice”), for the term (the “Term”) and, following the subscription process (the “Subscription Process”) stated on the subscription page of the Service(s) or, if applicable, in any Specific Term. For certain Services, You may have a free trial period of time, or special pricing period of time during the use of Services (the "Trial Period"). Your subscription is automatically renewed for the same Term, except If you decide to terminate your subscription under the termination conditions defined in Article 7.
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2.2 Your Subscription is definitively confirmed by email once You expressly accept the Terms of Service and, if applicable, any Specific Term without restriction or reservation, by ticking the box provided for this purpose and proceeding to the payment of the Subscription Price.

2.3. You proceed to the payment of Your Subscription in accordance with the conditions set forth in the Subscription Process. The Subscription Price is generally not refundable. You must cancel Your subscription before its renewal to avoid billing fees for the next subscription period. If you have any concern or objection, We invite you to raise them with Us first and not to cancel or reject any credit card or third party payment processing charges, unless you have made a reasonable attempt at resolving the matter directly with Us.

2.3 We may update from time to time the Subscription Prices, including our pricing. In such cases, You will be notified in advance before such changes become effective. In any case, the changes will not apply retroactively but only for subscription renewals, except otherwise specified by Us to You. If you do not agree with these changes, you may choose to cancel your subscription in accordance with the termination conditions defined in Article 7. If not, the updated Subscription Prices will be deemed accepted by You and applicable.We may update from time to time the Subscription Prices, including our pricing. In such cases, You will be notified in advance before such changes become effective. In any case, the changes will not apply retroactively but only for subscription renewals, except otherwise specified by Us to You. If you do not agree with these changes, you may choose to cancel your subscription in accordance with the termination conditions defined in Article 7. If not, the updated Subscription Prices will be deemed accepted by You and applicable.

Article 3. ACCESS TO THE SERVICE(S)

3.1 User identification and contact information. Upon receipt and confirmation of Your subscription to the Service(s), You register your Account following the registration proceeding, providing complete, sincere, accurate and up to date identification and contact information when accessing the Service(s) and throughout its(their) use. You acknowledge and accept that the communication of incomplete, inaccurate or out of date identification and contact information may prevent You from accessing the the Service(s), as well as the use thereof. Once your registration is validated, You have access to the Service(s) through your Account with Your login and password.

3.2. Login and Password. You must take necessary measures to keep Your login and password confidential and to protect them from any risk of loss, theft, disclosure or unauthorized or illegal use. You acknowledge and accept that You are solely responsible for any loss, theft, disclosure or unauthorized or illegal use of Your login and password, as well as the access to and the use of Your Account and any eventual consequences. It is Your responsibility to immediately inform Us in the event of the loss, theft, disclosure or unauthorized or illegal use of Your login and password.

3.3 Environment, equipment, and technical and IT means. You must possess the environment, equipment and the technical and IT means necessary, including access to an internet connection and the hardware and software required to enable them to access and use the App and the Service(s). The access to the Service(s) is conducted remotely. You must ensure that their environments, equipment and technical and IT means are compatible and/or configured to be compatible with the Service(s).

Article 4. THE SERVICE(S)

4.1. Description of the Service(s). You have access to the Service(s) to which You subscribe. The complete and updated description of the Service(s) is available on the Site and/or the App and/or any other media used to access the Service(s). You are invited to carefully read this description before starting your Subscription Process. For more details on a Service, you may contact Our customer service.

4.2. Licensing. The Service(s) is(are) only accessible on the App for which We grant You a worldwide, personal, non-exclusive, royalty-free and non-assignable right to access and use in accordance with the Terms of Service and, if applicable, any Specific Terms. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the App, including any and all technology, software, and content. You agree you will not copy, reproduce, alter, create derivative works from, or otherwise modify the App, including any and all technology, software, and content. You agree that you will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the App.

Article 5. RULE OF USE OF THE SERVICE(S)

5.1. Compliance use of the Service(s). You undertake to use the Service(s) in compliance with the Terms of Service and, if applicable, any Specific Terms, and the laws and regulations in force.
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5.2. Improper use of the Service(s). You undertake not to use the Service(s) in an improper manner and notably:

in any other way or for any other purpose than those expressly authorized under the Terms of Service and, if applicable, any Specific Terms, including the Live Coaching Terms,
in a way that breaches the laws and regulations in force,
in a way that infringes on public order and decency,
in a way that affects the operation or the security of the Service(s), notably, but not exclusively, through the use of viruses or malicious software,
in a way that infringes on the rights and interests of Fabulous, other Users, Coaches or third Parties,
in a way that infringes on the intellectual or industrial property rights of Fabulous, other Users, Coaches or third parties,
in a way that infringes on the personal data or the private life of other Users, Coaches or third parties,
for medical, pharmaceutical or clinical purposes, recommandations or advises, being expressly stated that none of the Service(s) include provision of medical care whatsoever.

5.3. Use of the content of the Service(s). You undertake not to use the Service(s) in an infringing manner and notably:

to reproduce, represent or adapt all or part of the Service(s) and the elements present on it, including, the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,
to adapt or create products, services or work derived from all or part of the Service(s) and the elements present on it, including, the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,
to market, sell, lease, lend or exchange all or part of the Service(s), and the elements present on it, as well as the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,
to extract all or part of the Service(s) and the elements present on it, including, the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,
to disassemble, decompile, perform reverse engineering or discover the software source code of all or part of, the Service(s),
to remove the intellectual property right notices on the Service(s),
to infringe upon the intellectual or industrial property rights of FABULOUS, other Users, Coaches or third parties, in any way whatsoever.

5.4. Content provided by You. While using the Service(s), You provide Us with Content. You undertake not to make any false, bogus or misleading allegations, any allegations of an abusive, defamatory, derogatory, pejorative, shocking, indecent, obscene, violent, insulting, hateful, degrading, discriminatory, sexist, racist, xenophobic, homophobic, pornographic, or revisionist nature, and any allegations that infringe upon Our reputation or, the dignity of other Users, Coaches or third parties. You acknowledge and accept that You shall be solely liable for any violation of the applicable regulations on this basis. You shall hold Fabulous harmless against any complaint, claim or legal proceedings of any nature, on this basis. We may delete the obviously illegal content, data and comments communicated, published or stored via the Service(s) following the notification of other Users, Coaches, or third parties.

Article 6. OBLIGATIONS, WARRANTIES AND LIABILITY

6.1. Obligations. We undertake to provide You with the Service(s), under a best efforts obligation. We carry out regular checks in order to verify the functioning and accessibility of the Service(s). Nevertheless, We reserve the right to interrupt momentarily the access to the Service(s) for maintenance and/or improvement reasons.

‍6.2. Warranties. Unless otherwise specifically stated in Specific Terms, We provide Our Services “as is” and “as available” basis and exclude all express or implied warranties, representations, or endorsements whatsoever including, but not limited to, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose or that the Service(s) will be error-free or uninterrupted. We only warranty any lack of conformity on the Service(s) regarding its performance, quality and/or fitness for its usual purpose that you would discover within two years from Your Subscription. We expressly disclaim any and all implied warranties. You assume total responsibility and risk when You use the Service(s) and the following actions taken and/or the changes in your life made accordingly. In particular, We exclude all warranties, representations, or endorsements whatsoever in relation to medical care. We are not a licensed medical care provider, We never assess or control your health status that you remain fully responsible of and never provide any medical care or diagnostic. The information that You may receive through the Service(s) or our Coaches is offered for informational purposes only and is not a recommendation or endorsement of any drug, device, or treatment or representation that a particular drug, device or treatment is safe, appropriate, or effective for You. We further do not guarantee that the Service(s) shall be exempt from any virus and/or that We shall intervene or remedy any eventual viruses,that the Service(s) will function without interruption, breakdown, bugs or errors and/or that We shall intervene or correct any eventual interruption, breakdown, bug or error,that the Users’ environment, equipment or technical or IT means will be compatible or compliant to enable them to access or use the Service(s).

‍6.3. Liability. We are not liable in the event of : (i) a failure of the internet, or the environment, the equipment or technical or IT means of the User, (ii) the loss, contamination, destruction or alteration of the Your information, documents and data occurring during or consecutively to Your access or the use of the Service(s), (iii) the loss, theft, disclosure or unauthorized or illegal use of Your login and passwords,(iv) improper or illegal use of Your Account, (v) any improper or illegal use of the Service(s), (vi) Your violation of any one of Your obligations under the Terms of Service, (vi) Our breach of Our obligations under the Terms of Service caused by You and/or a third-party, (vii) an event of force majeure as recognised by the law and French case law.
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If We are found to be liable any direct, foreseeable and proven damage or loss which arises out of or is in any way connected due to a breach of Our obligations (excluding Your use or inability to use the Service(s) under the Terms of Service or, if applicable any Specific Terms including the Live Coaching Terms, by a legal decision that has become definitive and enforceable, Our total liability shall be limited to the amount of the sums that You pay over the last twelve (12) months, for the Service(s) concerned by said breach. Except where prohibited by law, in no event, We will be liable to you for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of the Service under these Terms of Service. The foregoing limitations do not apply for fraud, fraudulent misrepresentation, or death or personal injury cause by negligence or willful misconduct. No action for breach arising out of these Terms of Service shall be brought by You more than one (1) year from the date the claiming receives the knowledge of the cause of action.

Article 7. TERMINATION OF THE SERVICE(S)

7.1. Withdrawal. Whether UE consumers regulations are applicable to You, You have the right to withdraw from this Terms of Service within 14 days from the day of your registration without giving any motivation except when the execution of the Service started before the end of this period. To exercise your right of withdrawal, you must inform Us of your decision by using the refund request form accessible in the Help Center section of the App. We will communicate to you an acknowledgement of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you decide to exercise your withdrawal right, we will reimburse You Your payments without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Terms of Service. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
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‍ 7.2. Termination of the Service(s) by the User. You are free to terminate Your subscription to the Service(s) at any time, for any reason whatsoever, without prior notice following the termination process of the Service. The termination of Your Subscription during the trial period is operated free of charge and operated by yourself on the App, at least 24 hours before the term of the trial period. In case of termination of Your Subscription after the trial period has expired, , You will remain subject to the payment of the newly created subscription .
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7.3. Termination of the Service(s) by Fabulous. We reserve the right to suspend or terminate your subscription to the Services in case, You would materially or repeatedly breach these Terms of Service or, if applicable the Specific Terms, including but not limited to any payment failure, intellectual property infringement or, any harm to another user or a third party, which would not be repaired in a period of time of thirty (30) days from the reception of our notice of advertisement or if We are required to do so to comply with a legal requirement or a court order.
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‍7.4.Effects. The termination of the Service(s), for any reason whatsoever, shall entail: (i) the termination of the Terms of Service and any Specific Terms, (ii) the termination of the Service(s), (iii)
the closure of Your Account and the deletion of Your access to the Service(s) and the content of the Service(s), (iv) the destruction of the data imported or provided by You. The termination of the Terms of Services is without prejudice to all clauses and provisions of said Terms of Services and any other applicable Specific Terms that are intended to survive the termination of the said Terms of Services, (v) any remaining payments. Any accrued claims, rights or liabilities of either Party shall not be affected.

Article 8. PERSONAL DATA

We process Your Data to provide You access with the Services in accordance with the applicable regulations. For more information about Your data processing, We invite You to read our Privacy Policy.

Article 9. INTELLECTUAL PROPERTY

Although We give you the permission to use the Service(s), We retain all right, title and interest, including all Intellectual Property rights We have in the Services.You do not have and shall not acquire by virtue of the Terms of Service or, if applicable the Specific Terms including the Live Coaching Terms, any ownership right on the Services and agree to do nothing by act or omission, which would impair the Intellectual Property rights of FABULOUS.

Article 10. CONFIDENTIALITY

The information shared by You in using the Service(s) will remain fully confidential unless you show explicit signs of self-harm or harming others, or unless you signal you would like your experience shared with the fabulous team or the public. Notwithstanding the above, We may use your information by way of anonymization or aggregation to help Us to develop the Service(s) and provide You with new features.

Article 11. THIRD PARTY LINKS AND CONTENTS

You may have access to third party’s links while using the Service(s) redirecting to third party content. We do not endorse or make any representations about these third parties links and content, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to use any of these third party’s links, you do so entirely at your own risk.

12.1. Modifications and update of the Terms of Service. We reserve the right to update and modify the Terms of Service and, if applicable, any Specific Term, for legal, regulatory, or security reasons, or to reflect changes in our Services or, to prevent abuse or harm. These modifications and/or updates will be indicated by any useful means and in particular by the publication of a notice of the update on Your Account. These modifications shall apply as from the update notice, unless otherwise indicated in the Terms of Service. If You do not accept these modifications, You must stop using the App and the Service(s) and terminate these Terms of Service and if applicable, any Specific Term under the conditions provided for herein.

12.2 Autonomy of provisions. If any provision of the Terms of Service and, if applicable, any Specific Terms is invalid with regard to an applicable law or regulation, it shall be deemed unwritten, without this invalidating the entire Terms of Service, or if applicable, any Specific Terms.

12.3. Non-waiver of provisions. If one of the parties does not invoke the application of a provision of these Terms of Service and, if applicable, any Specific Terms, they shall not be considered as having waived the rights that result from said provision of the Terms of Service, or if applicable, any Specific Terms.
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13.1. Applicable law. The Terms of Service and, if applicable, any Specific Terms are governed by the law of France.
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13.2. Competent jurisdiction. In the event of any difficulty relating to the interpretation or application of these Terms of Service and, if applicable, of any Specific Terms, We do our best efforts to resolve the dispute amicably or through mediation. The European Commission also offers an Online Dispute Resolution Platform which We accept if required by law. If despite Our mutual effort, We do not find an amicable agreement, the dispute will be brought before the competent court in accordance with French law.

Privacy Policy

Terms & Conditions

I. Presentation

Fabulous (“Fabulous”, “Us”, “We”) respects your right to privacy and understands the importance of protecting your personal data ("Data").

We adopted this privacy policy (the “Policy”) in order to explain how we collect, process, store, share and protect the Data that you provide to Us or that we collect when you use our website (“Website”), fill out our questionnaires (“Questionnaires”), subscribe and use our application (“Application”) and our well-being coaching services (our “Services”) or any other features operated by Fabulous.
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We reserve the right to modify the terms of this Policy at any time and in our sole discretion. If we modify the Policy, we will publish the modifications, depending on the medium, on the welcome page of the Website and/or on the home page of the Application so that you are fully informed. Any changes to the Policy will take effect thirty (30) days after its publication. Your continued use of our Services will constitute acceptance of the policy changes.

II. WHAT TYPE AND WHEN WE COLLECT YOUR DATA

On the Website

We collect the following kinds of Data when you visit the Website and, as the case may be, subscribe to the Application in order to access to our Services:

your connection data such as your IP address when you access the Website;
your identification information such as your first and last name when you subscribe to the Application in order to access to our Services or request for information on Fabulous for work;
your contact data such as your email address, when you subscribe to the Application in order to access to our Services and/or when you request for support from Fabulous and/or when you request for information on Fabulous for work program;
your lifestyle habits such as your practice of meditation or your frequency of exercise when you fill out the setup questionnaire on the Website;
your transaction data such as banking data and billing information when you subscribe to the Application in order to access our Services;
your data related to your technical features such as your operating system, in order to help you using the Application and the Services;
the content, communications, and other information that you provide to Us when you use the knowledge base and the support service base;
your employment title when you request for information on the Fabulous for work program.

On the Application

We collect the following kinds of data when you use the Application and our Services:

your contact data such as your full name, picture, email address, and password when you create your account;
your lifestyle habits such as at the time you wake up in the morning to set up your morning, routines;
your preferences such, the place and time you want to take the challenge or the motivation tool you choose to help you succeed your challenge;
your lifestyle habits such as your practice of meditation or your frequency of exercise when you fill out the setup questionnaire on the Website;
your transaction data such as banking data and billing information when you subscribe to the Application in order to get access to the Services;
the content, communications, and other information that you provide to Us when you use the Services including when you sign up for your account, create or share content, and message or communicate with Us and others when you use the chat and/or the support service;
the content, communications, and information that other people provide when they use the Services. This can include information about you, such as when they share or comment on a photo of you, send a message to you, or upload, sync, or import your contact information.

III. FOR WHICH PURPOSES AND LEGAL BASIS WE PROCESS YOUR DATA

On the Website

We process your Data when you visit the Website in order to optimize your navigation and enhance your user experience on the basis of the legitimate interests pursued by Us.

We also process your Data when you fill out the setup questionnaire in order to set you an initial kick-off plan adapted to the lifestyle habits that you are free to subscribe on the basis of our legitimate interest to tailor you with a personalized program.
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We lastly process your Data when you subscribe to our Application and Services through the Website in order to finalize your subscription and give you access to the Application and the Services on the basis of the performance of your contract with Us.

On the Application

We process your Data in order to perform our contract with you and provide you with the Services including the following purposes:

Create and manage your account in order for you to access and use the Services;
Implement your personalized routine through challenges of your choice in order for you to develop healthy lifestyle habits and including daily alerts reminders to inform you that the challenge shall be completed, rewards notifications when the challenge is completed, upcoming challenges updates, challenge personalization functionalities, relevant communications related to the Services;
Enable you to use the chat of the Application and share your content to the person of your choice in order for you to receive support and/or comment and/or to share with a friend the completion of your challenge or any other information that you want to share on the Application and the Services;
Manage the technical and customer support in order to assist you in solving your technical issues in relation for example to the management of your account or the use of the Services and/or your customer issues in relation to fee claims.

We process your Data in order to perform our contract with you and provide you with the Services including the following purposes:

Participation in investigations and proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating, and prosecuting illegal acts;
Prevention, detection, and mitigation of illegal activities (e.g. fraud, money laundering, and terrorist financing);
Complying with information requests from third parties based on any statutory information rights they have against Us (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity);
Ensuring the information security of our Services;
Retention and storage of your Data to comply with specific legal retention requirements.

We process your Data where necessary for the purposes of the legitimate interests pursued by Us including the following purposes:

Ameliorate the Application and Services by monitoring its use, in order to improve the satisfaction of the Users;
Personalize and enhance your user experience by contacting you to determine how we can improve our Services to better meet your needs;
Send you promotional communications about our Services, in particular about our new upcoming challenges and our new well-being programs offers by electronic means;
Provide product announcements or information regarding well-being topics or other information we believe you will find most relevant, and useful regarding the use of the Services;
Generate aggregate statistics regarding the use of our Services.

We process your Data with your consent for the following purposes:

Personalize, measure, and improve our advertisements;
Personalize and enhance your user experience by contacting you to determine how we can improve our Services to better meet your needs;
Place cookies on your browser in order to send you personalizing advertising;
Send you promotional communications about our other Products and Services or the Products and Services of our partners by whom you may be interested in.

We may also de-identify and/or aggregate and/or anonymize your data for various business purposes including product, service, and program development and improvement. De-identified data, in individual or aggregated form, may also be used for research purposes both internally by Fabulous or with research partners and other third parties for the advancement of clinical and scientific knowledge.

IV. COOKIES AND SIMILAR TECHNOLOGIES

When you use the Services, We may use cookies and other IT functions to collect your Data. Cookies are small text files that are automatically created by your browser and stored on your device when you connect to the Website or the Application and use the Services.

We use cookies which will not be saved on your device or which will only be saved on your device for as long as your browser is active (e.g. session cookies) or which will be saved on your device for a longer period (e.g. persistent cookies) for the following purposes: (i) the provision of the Services, (ii) your technical support and the enhancement of the Services, (iii) the improvement of your user experience and (iv) to show you personalized advertising under your consent.

You have the choice to refuse to keep all or certain of the cookies in your browser or to disable all or certain cookies, after accepting their deposit on your browser, by configuring your settings. With regard to the use of advertising-related or personalization-related technologies, you can determine whether you consent or not to the use of cookies for marketing purposes.

V. HOW WE STORE YOUR DATA

We (by the intermediary of our service providers) store your Data on storage facilities located for the European users on the territory of the European Union for a period of time not exceeding to what is necessary for the purposes for which your Data were collected and processed by Us and, in any event, in accordance with legal requirements.

Your Data will be stored in our active base for the time necessary to provide the Services and will be irreversibly deleted or anonymized by Us or archived in an intermediate database with limited access to it upon the termination of your subscription to the Application except for your contact data which will be kept in our active base for a period of time of 3 years in order to send you promotional communications on our Services upon your consent.
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Your Data will be archived in an intermediate database with limited access when We are legally obliged to keep your Data longer such as for legal compliance, establishing the evidence of our rights or our contract with you, or for tax, accounting, or auditing purposes. In these cases, the duration of the storage processing will depend on the respective statutory limitation or retention periods and will be deleted after the relevant retention periods have expired.

VI. TRANSFER OF YOUR DATA OUTSIDE THE EUROPEAN UNION

Some of our services providers as well as some of our employees are located outside the European Union or have offices in countries where data protection laws may provide a different level of protection than the laws in your country. When transferring the Data of European users to our services providers, we make sure an adequate transfer mechanism is in place. As per the transfer to our internal services, they are located in the United States for which We rely on EU-US Privacy Shield.

VII. HOW WE KEEP YOUR DATA SECURED

We seek to safeguard the security of your Data and have implemented security measures consistent with accepted practices in the industry to protect your data and limit access to it.
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In particular, we have implemented appropriate technical and organizational measures to minimize risks associated with data loss, misuse, unauthorized access, and unauthorized disclosure using encryption technology, such as Secure Sockets Layer (SSL) during data transport and at rest as well as physical access restrictions for our data centers and authorization controls for data access.However, despite our efforts to protect your Data, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your Data over the Internet will be intercepted. Unfortunately, we cannot guarantee the absolute security of your data, nor can we guarantee that the Data that you provide will not be intercepted while being transmitted to Us over the Internet. Therefore, we urge you to also take every precaution to protect your Data when you are on the Internet or using the Application.

VIII. YOUR RIGHTS AS A DATA SUBJECT

You have the following rights on your Data and the data processing:

right to access to your Data;
right to rectify your inaccurate Data;
right to erase your Data unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise, or defense of legal claims;
right to request the limitation of the processing of your Data to the extent that the accuracy of your Data is contested by you, the processing is unlawful, but you oppose the erasure of the personal data and request the limitation instead, We no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing;
right to receive a copy of your Data in a structured electronic format or ask for the transfer of it to another controller, when technically possible;
right to object to your Data processing on grounds related to your particular situation including profile or for marketing purposes and to withdraw your consent at any time when the processing is based on consent.

You can also lodge a complaint with a supervisory authority by sending a letter to the competent authority. In France, this authority is the CNIL accessible at the following address: CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
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You can exercise your rights by sending us a clear and specific request by email to [email protected]. Your request will be handled by our team within a reasonable delay from the date of its receipt and granted or refused subject to our legal obligations and within the limits of your rights.
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You can also access and update your Data at any time by logging to the Application and accessing your account settings.

IX. HOW WE MANAGE THE PROTECTION OF THE CHILDREN

We are committed to protecting the privacy of the children. Our Website, Application, and Services are not designed or intended for children and we do not knowingly collect data of users under 18 years old.
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In any case, We request all the users to confirm at the subscription to the Application and the Services that they are 18 years old or over and if not, We request the parent’s consent before authorizing the user to get access to the Application and the Services and never collect Data of children under 13 years old.
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For users under 18 years old, We may limit how we collect, use, and store their Data meaning that We will be unable to authorize access to certain challenges to these users.

X. WITH WHOM WE SHARE YOUR DATA

We share your Data with employees of our internal services such as the IT, development, or marketing services in order to provide you with the Services and assist you in your user experience.
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We also share your Data with third parties including service providers acting on our behalf which may host your data and/or manage the payment of the subscription for Us and/or send you promotional communications about our Services and other products and/or detect, prevent or mitigate illegal activity and/or elaborate aggregate statistics.
In that case, we ensure that the service providers adhere to our Privacy Policy and comply with the same data protection obligations as the ones set out for Us. We also ensure that they provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of this Policy and more broadly of the applicable data protection and e-privacy regulations.
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We also share your Data when you ask Us to chat with another user or a person of your choice. Some of your data like your name and your picture are also visible by default to other users on the Application. We may share your data with some of our partners with your consent in order to send you offers on their products and services that We believe may have an interest for you or to your employer in case of using the Application and Services through Fabulous for Work.

We may be lastly required to disclose your Data to other competent authorities to exercise our rights conferred by law or to comply with the law or a court decision. Unless required by law or jurisdiction, We are not obligated to notify you of such data disclosures.

XI. THIRD-PARTY WEBSITE LINKS

Our Website and Application may contain third-party links or contents. Through these links or contents, you may be providing your Data to third-party for which We are not responsible for how it collects or use your Data as well as we do not guarantee compliance with the same data protection practices as those of Fabulous. We encourage you to read the privacy policies of every third-party website, application, and/or services that you visit or use including those third parties you interact with through our services.

In addition, we may rely on third-party advertisers, ad networks, and ad servers to promote our App. This includes Facebook, Twitter, or Google. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behavior on this and other Apps to serve them interested-based (behavioral) advertising. No information you share within our Application will be shared with third-party advertisers. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

Effective: October 1, 2022

Fabulous SAS is located at 128 Rue de la Boetie 75008 Paris, France