1.​ DEFINITIONS

“HALER GROUP”: means a French SAS company with a share capital of EUR 26,000, having its registered office at 122 rue du Commandant Rolland le Chambord II – 13008 Marseille – France, registered with the Marseille Commerce and Companies Registry under the number 850 859 240, Intra-Community VAT number: FR25 850 859 240;

“Application”: means the THANK’S application owned by HALER GROUP and usable free of charge by the User, making it possible to control, at any time, from a remote location, any such connected apparatuses under the THANK’S trademark of the types listed on the Website as are acquired by the User from a third-party supplier (hereinafter the “Connected Products”);

“STU”: means these standard terms of use governing the use of (i) the Application by the User; and (ii) the data transmitted to HALER GROUP by the User;

“User Account”: means the User Account to be created by each User for the purposes of using the Application;

“User”: means the user of the Application, who must be no less than 16 years of age;

“Website”: means the Website published by HALER GROUP and dedicated to the presentation and explanation of the functioning of the Application, accessible at www.thanksconnect.fr.

2.​ IDENTIFICATION OF THE PUBLISHER OF THE APPLICATION AND ACCEPTANCE OF THE STU

2.1.​ The Application is published by HALER GROUP (email address: contact@halergroup.fr / telephone number: +33 9 70 72 55 55).

2.2.​ Any User wishing to use the Application must review the STU and accept the terms thereof. By checking the box located near the following mention: “I accept the standard terms of use and the rules governing the use of the data transmitted to HALER GROUP”, the User states his adhesion to these STU, agrees to strictly comply with the same and accepts their terms. If any user cannot accept these STU, including the rules governing the use by HALER GROUP of the data that shall be transmitted to it, then it is agreed that such user shall not and may not use the Application.

2.3.​ HALER GROUP reserves the right to amend and update the STU at any time without any prior notice, it being specified that the applicable STU are the STU in effect upon their being accepted by the User.

3.​ USER ACCOUNT

The User shall create a User Account in order to be able to use the Application, knowing that (i) the User shall be in possession of personal identifiers for accessing the said account (hereinafter the “Personal Identifiers”) and (ii) the Personal Identifiers shall be personal and confidential and shall not be transferable in any manner whatsoever. The User shall thus be the only person liable for (i) the protection of the confidentiality of the Personal Identifiers, and (ii) any action taken by means of the Personal Identifiers.

4.​ INSTALLATION OF THE APPLICATION

In order to install the Application, each User must:

-​ be in possession of a smartphone in perfect operating condition equipped with the iOS/Android operating software (required minimum version: 1.0.0 (international));

-​ be equipped with a 3G/4G/WIFI Internet access for downloading the Application;

-​ download the Application on the App Store or Google play downloading platform or through the Website;

-​ create a User Account;

-​ accept the STU.

5.​ FREE-OF-CHARGE USE OF THE APPLICATION

5.1.​ It is agreed that, in order to be able to use the Application, the User must have access to a 3G/4G/WIFI Internet connection.

5.2.​ As regards the services supplied by the Application to the User, HALER GROUP is subject to a best efforts obligation.

5.3.​ Insofar as he is concerned, the User agrees, in connection with his use of the Application:

-​ to use the Application solely for the purposes for which it is intended;

-​ to use the Application in strict compliance with these STU;

-​ not to make the Application accessible to any third party, in any form whatsoever;

-​ to use a smartphone suited to the Application and (i) in perfect operating condition, and (ii) whose battery shall be properly charged;

-​ to strictly comply with all applicable statutory and regulatory provisions.

6.​ MAINTENANCE OF THE APPLICATION

HALER GROUP shall make its best efforts (i) to monitor and correct any bugs possibly affecting the operation of the Application; and (ii) to ensure the progressive maintenance of the Application, in particular in order to make it compatible with any new versions of the operating software. Such maintenance shall be carried out by making available new versions of the Application that the User shall be asked to download.

7.​ DISCLAIMER IN FAVOUR OF HALER GROUP

7.1.​ The User acknowledges that HALER GROUP may not be held liable in case of any incident related to the operation or poor use of the User’s smartphone or tablet.

7.2.​ The User is fully aware that the use of the Application depends on the perfect functioning of the Connected Products. As a consequence, HALER GROUP may not be held liable by the User in case of any damage or loss of any nature whatsoever caused by any malfunction or defect of any of the Connected Products.

7.3.​ Also, HALER GROUP shall in no event be held liable for any damage of any nature whatsoever caused by any failure attributable to electrical utilities or to Internet service providers.

7.4.​ HALER GROUP shall in no event be held liable in case of non-compliance by the User with any provision of Article 5.3 above.

7.5.​ As a consequence, the User, after being fully informed of the foregoing, waives any right to institute any liability action against HALER GROUP, in any manner whatsoever, in relation to one or more circumstances, events or undertakings referred to in Articles 7.1 to 7.4 above.

8.​ AVAILABILITY OF THE APPLICATION

HALER GROUP shall make its best efforts so that the Application shall operate seven days on seven round the clock, it being specified that it may happen that the Application is not accessible or does not function, in particular due to circumstances of force majeure, breakdowns or maintenance operations that HALER GROUP may have to carry out at any time, without prior notice and without informing the User.

9.​ WARRANTIES GIVEN BY THE USER

9.1.​ The User shall hold HALER GROUP free and harmless against any claim, liability/damages, costs and expenses resulting from any breach of these STU by the User.

9.2.​ The User alone shall be liable for any damage and loss, whether direct or indirect, tangible or intangible, inflicted by the User himself on HALER GROUP because of any unlawful use of the Application.

9.3.​ In the cases referred to under 9.1 and 9.2 above, the User agrees to indemnify HALER GROUP in the event of any award entered against HALER GROUP, including as regards any reasonable attorney fees and expenses that HALER GROUP shall have been obliged to incur for the purposes of its own defense.

10.​ INTELLECTUAL PROPERTY

10.1.​ The Application and any and all components thereof, and in particular any and all computer programs, sounds, databases, visual components, plans, texts, graphics, photographs, pictures, trademarks, logos, creations and miscellaneous protectable works, etc., whether registered or not, and more generally any items of information or data included in the Application are the exclusive property of HALER GROUP or, where applicable, the property of any third parties with which HALER GROUP has entered into agreements allowing for the operation of the same.

10.2.​ HALER GROUP hereby grants the User, in respect of the Application, a non-exclusive, strictly personal and non-transferable user license, solely for the purposes of the use of the Application in accordance with its intended purpose.

10.3.​ The User does not hold any right in or to the Application, save for the sole utilisation right. In particular, the User does not hold any right to reproduce or circulate the Application or, more generally, any right to operate the same, by any means whatsoever, except for a personal use in conformance with its intended purpose as specified in the STU.

11.​ USER SUSPENSION/EXCLUSION

​ If any User fails to comply with all or part of the STU, HALER GROUP shall be entitled to suspend or prohibit, as it sees fit, as a matter of law and without any prior notice, any access by the User to the Application, without any right for the User concerned to claim any indemnity or damages whatsoever.

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12.​ PERSONAL DATA

12.1 In order to be able to create his own User Account and to use the Application, the User is required to provide HALER GROUP with items of information, such as his surname, given name, email address, cellular telephone number and Personal Identifiers. Upon the use of the Application by the User, HALER GROUP may automatically collect the following information: MAC address, IP address, WIFI connection data and data related to the User’s smartphone’s telephone operator, push notification identifiers, user name and nickname, profile picture, User’s country and language, email address, cellular telephone number, User’s feedback concerning the Application, any and all data related to the use of the Application by the User (number and frequency of uses, clicks made when using the Application, messages sent and received, etc.) and data related to the User’s geo-tracking.

12.2 The communication by the User of the personal data concerning him, from among the above information items (hereinafter the “Personal Data”), relies on the User’s consent, it being specified that such collection/processing by HALER GROUP is indispensable for the use of the Application and that only HALER GROUP shall have access to the Personal Data concerned and shall retain the same.

12.3 HALER GROUP shall retain and use the Personal Data exclusively in order to (i) allow for the functioning and use of the Application; (ii) prepare statistics concerning the use of the Application by the Users for the sole purposes of HALER GROUP; and (iii) improve the features of the Application.

12 .4 It is understood that HALER GROUP:

-​ shall not access, collect or process any information or data, of any type whatsoever, related to the utilisation of the Connected Products by the User;

-​ agrees to guarantee the confidentiality and protection of the Personal Data;

-​ shall retain the Personal Data in Frankfurt (Germany), without transferring the same to any other country;

-​ shall destroy the Personal Data within one (1) week from the day on which the User shall uninstall the Application/cancel its User Account.

12.5 Pursuant to Act No. 78-17 of 6 January 1978 and Regulation (EU) 2016/679 of 27 April 2016 (hereinafter the GDPR), data subjects have a right of access, rectification and deletion of the Personal Data concerning them and the right to define instructions concerning the status of their Personal Data after their death. They may also oppose, on legitimate grounds, the processing of the Personal Data concerning them, seek a restriction of the processing and ask to exercise their right to the portability of their Personal Data. Data subjects may exercise all or part of their rights by sending an email to that end to the following email address: contact@halergroup.fr. Finally, it is to be noted that data subjects may lodge a complaint with the French Commission Nationale de l’Informatique et des Libertés (CNIL).

13.​ GOVERNING LAW – JURISDICTION

13.1.​ The STU shall be governed by French law.

14.​ LEGAL MENTIONS

The Application is published and hosted by: HALER GROUP,

a French SAS company with a share capital of EUR 26,000;

registered office: 122 rue du Commandant Rolland le Chambord II – 13008 Marseille;

registered with the Marseille Commerce and Companies Registry under the number 850 859 240;

telephone:  +33 9 70 72 55 55;

email: contact@halergroup.fr;

Publication director: Mr. Grégory Youhnovski.