ARTICLE 1. INTRODUCTION

The company Loopsun EI (Fanny KOCH), a sole proprietorship registered with the RCS of the city of Chambéry, with SIRET number 53977625200055 and VAT number FR01539776252, operates the mobile application “COOGLI” hereinafter referred to as “the Mobile Application” or “the Service”;

The publishing director of the Service is Mrs. Fanny Koch. The contact email address is: contact@coogli.com

ARTICLE 2. PURPOSE AND SCOPE OF THE T&C

These General Terms and Conditions of Use described hereinafter and referred to as “T&C”, govern the relationship between COOGLI and Users, hereinafter referred to as “the User” or “Users” of the Mobile Application, and apply without restriction or reservation to any use or download of the Mobile Application.

The User is required to accept these T&C for any download and for any use of the Mobile Application by checking the box “I acknowledge having read and accepted the General Terms and Conditions of Use”.

These T&C are accessible at any time in the Mobile Application in the “T&C” section located in the MAIN MENU and shall prevail, if applicable, over any other version or any other conflicting document.

COOGLI may modify these T&C at any time, without notice and without having to communicate it beforehand to Users, as it deems appropriate. Users will be informed of the modification of these by the publication of the updated T&C. The modified T&C shall take effect from their publication. The continued use of the Service following this publication shall constitute acceptance of the new version of these.

The application data is stored on the bubble.io platform of Bubble Group, Inc. based at 1811 Silverside RdWilmington, DE 19810, United States.

Therefore, Users are advised to read these T&C very carefully and to regularly consult the updated T&C, in the “T&C” Section of the Mobile Application or on the “Terms and Conditions of Use” tab of the COOGLI website (www.coogli.com).

In the event that a User does not accept these T&C or refuses to comply with them, they must not use the Mobile Application. In this case, it is recommended to uninstall the Mobile Application. By proceeding with their Registration, the User confirms having read these T&C and agrees to submit to them without reserve.

Unless proven otherwise, the data recorded in the Mobile Application’s computer system shall constitute evidence of all transactions concluded with Users.

ARTICLE 3. GENERAL PRESENTATION OF THE SERVICE

3.1 Purpose of the Service

The Service is a digital and collaborative dashboard application, which allows the baby’s entourage to enter real-time data about its daily life, notably its sleeping time, feeding, activities, and hygiene.

The purpose of the Service is to facilitate the daily organization of family life following the arrival of a baby.

3.2 Operation of the Service

The COOGLI Mobile Application can be downloaded via mobile application stores (such as Google Play or the App Store) using available technologies, including a smartphone mobile device.

To benefit from the Service, the User must therefore have a smartphone and internet access.

The Service is essentially presented in the form of a summary dashboard of the baby’s day, with a navigation menu allowing access to other sections, notably for entering data.

The functionalities of the COOGLI Mobile Application are as follows:

The User must provide the necessary information for creating a personal User Account in accordance with Article 4;

The User provides information indicating whether they wish to use the application for an already born baby or initially for pregnancy support;

If the user has indicated that they are expecting a child:

The User arrives on a pregnancy tracking page detailing each week the evolution of the child.

The User can select a week number to arrive at the desired pregnancy tracking date for information.

Through the navigation menu, the User has the option to use the “matchy name” feature, which aims to help the parent choose a name for their future child by proposing a list of name ideas. The User arrives on a filter page to refine their search for names. They validate and then arrive at a page where they see scrolling names suitable for their search. If they swipe the name card to the right, the name will remain in their list of name choices; if they swipe it to the left, the name will not be retained for their list. The User can add a parent account to their own to participate in choosing the name; the other parent can make their choice separately and if there is a common choice of a name, this name will appear on a common list.

Through the navigation menu, the User has the option to use the calendar to enter medical appointments and reminders related to pregnancy tracking.

Through the navigation menu, the user can add saved images from their phone and take photos, notably to export an album in PDF format.

Through the navigation menu, the user can go to the “Health” section of the application, where they can enter data such as their weight over the weeks, notes, access associated images (e.g., ultrasounds), and their upcoming appointments.

Through the navigation menu, the User has the option to access a user account page with a “My preferences” section, “Get Coogli Premium”, “Join the Coogli community”, “Help section”, “Data protection”, “General terms of sale”, “Contact us”, “Rate Coogli”. It will be possible to add their photo and associate their account with that of other users to share pregnancy tracking, the “Matchy name”, and the photo album if desired.

The user can associate their account with another person by entering the user’s code to be associated and vice versa.

For the preference part, the user can customize the choice of units of measurement and the language of the application used.

For the “Get Coogli Premium” section, the user can become aware of the different options available to them. The application is usable for free with limited functionality initially. For details of paid subscriptions, refer to Article 5.

If the user has indicated that the child has already been born:

The User arrives on a page with a summary dashboard of the entered data concerning the baby’s life. They are represented by a diagram with colors associated with each functionality (feeding, activity, sleep, hygiene) throughout the day.

The User can switch dashboards if they have multiple babies, each having their own dashboard. It will suffice to select the baby’s name at the top of the dashboard.

On this dashboard, the Sleep, Hygiene, Feeding, and Activities themes are displayed with the time allocated to each throughout the day.

On this dashboard, the navigation menu is accessible, which includes the same sections as the pregnancy tracking with additional sections added on the child’s day and health tracking.

The user will also have access to an “teething” section in the health part to add data about the child’s teething.

ARTICLE 4: CREATION OF A PERSONAL USER ACCOUNT

To access the Service, the User may proceed with Registration by creating a Personal User Account. This is not mandatory; the User can use the application without registering an account, but they risk losing their application-related data if their smartphone is damaged or lost, for example.

To create a Personal User Account, the User must register by filling out the registration form at the start of the Mobile Application and provide the following information: First Name, Last Name, Relationship with the baby, Email, First Name(s) of the child(ren), age of the child or estimated date of birth, child’s photo (optional), chosen measurement units.

The information visible on the User’s profile is as follows :

• First Name,

• User’s Photo (or any other photo they have chosen),

• First Name(s) of the child(ren),

• Photo(s) of the child(ren) (optional),

• Age of the child(ren) or expected birth date of the child.

Validation of the Personal User Account is formalized by sending an email to the email address provided by the User in the registration form.

In case of forgotten password, simply click on “forgot password” and the application will send a link to the user’s email address allowing them to reset it. The provision of this data and the validation of the personal account are essential if the User wishes their data to be retained in the application.

The User undertakes to provide true, sincere, complete, and always up-to-date information. In the event that the information provided by the User turns out to be false, incomplete, outdated, or does not allow the provision of the Service under the best conditions, COOGLI reserves the right to close the User’s Personal Account and thus deny them access to the Service, without notice and without this entitling them to any compensation.

The User undertakes to create only one Personal Account corresponding to their identity.

The User remains solely responsible for any use that may be made of their username and password, and for their confidentiality, as well as for any use of their Personal Account.

The User undertakes to immediately inform COOGLI of any use or risk of fraudulent use of their Personal Account, and of any breach of the confidentiality and security of their username and password at the following email address: contact@coogli.com.

COOGLI cannot under any circumstances be held responsible for any loss or theft or any damage resulting from the loss or theft or fraudulent use of Users’ identification data.

Deletion of the user account and its data.

The User can delete their account and the saved data at any time by going to the “User Profile” page, then “Edit my profile” and “Delete my account”; this action is irreversible.

ARTICLE 5. PRICING AND FINANCIAL TERMS

The download and use of the COOGLI Mobile Application are free with limited functionality and advertisements. The use of the application ensures no resale of your personal data.

The COOGLI Application then offers a “Coogli Premium” option which provides usage with additional features, and without advertisements, details of which are provided below.

Coogli in free use with limited features:

Advertisements on the application.

• 1 creation of adult profile with 2 baby profiles.

For the pregnancy tracking section :

Pregnancy tracking week by week.

Assistance with choosing a name with Matchy Name.

Weight tracking.

Agenda with summaries of data entered day by day.

Taking notes for maternity lists, for example.

For the baby tracking section :

• Tracking of feeding, hygiene, sleep.

• Weight tracking.

• Agenda with summaries of data entered day by day.

• Taking notes for shopping lists or baby clothing sizes, for example.

• Events and anecdotes sections.

• Height tracking sections.

• Activities sections.

• Teething tracking.

• Export of summaries in PDF format.

• Nanny profile with access to tracking sections for feeding, hygiene, activities, sleep.

• Ability to enter working hours and days with export to PDF for easy billing.

Coogli Premium priced at €24.99 for purchase or with a monthly subscription at €5.99 per month (subscription can be canceled at any time directly from the Android and Apple stores).

No advertising on the application.

2 linked adult profile creations + 1 nanny profile.

2 baby profiles.

For the pregnancy tracking section :

• Pregnancy tracking week by week.
• Assistance with choosing a name with Matchy Name, participation of the linked partner to play together.
• Weight tracking.
• Agenda with appointment additions (sending invitation ics to the linked partner + addition to personal calendars).
• Shared notes for maternity lists, for example.
• Contractions tracking with personalized alerts.
• Height tracking.
• Events and anecdotes section.
• For the baby tracking section:
• Tracking of feeding, hygiene, sleep.
• Weight tracking.
• Agenda with appointment additions (sending invitation ics to the linked partner + addition to personal calendars).
• Shared notes for shopping lists or baby clothing sizes, for example.
• Events and anecdotes sections.
• Height tracking sections.
• Activities sections.
• Teething tracking.
• Export of summaries in PDF format.
• Nanny profile with access to tracking sections for feeding, hygiene, activities, sleep.
• Ability to enter working hours and days with export to PDF for easy billing.

ARTICLE 6. USER OBLIGATIONS

The COOGLI Service aims to simplify the daily organization of family life with a newborn. Any use of the Service contrary to this purpose will be contrary to these Terms of Use.

The User acknowledges that they have the competence and technical means necessary to download and use the Mobile Application, with the equipment used being solely their responsibility.

The User agrees to provide accurate information during registration for access to the Service in accordance with Article 4 herein.

The User is particularly informed that the use of the Service may require acceptance of geolocation when using the Mobile Application for proper use of the Service.

The User undertakes to make appropriate and lawful use of the Service and its contents, in accordance with applicable law, these Terms of Use, morality, good customs, and public order.

Users who use the Service for purposes prohibited by law and/or contrary to these Terms will be subject to legal action, and data allowing their identification may be provided to the competent authorities in the event of legal proceedings initiated against them.

COOGLI is a simple digital and collaborative dashboard, also allowing Users to access products and/or services marketed by third-party advertisers. The User is therefore fully responsible for the use made of the Service, as well as the decisions they may make after consulting the information contained in the Mobile Application. COOGLI cannot be held liable for any direct or indirect damage of any kind caused by improper use or illegal or illicit use of the Service by a User, by any information or other content communicated, transmitted, or disseminated by a User during the use of the Service, or by any breach on their part of these Terms of Use.

In particular, without limitation, the User is informed that they are strictly prohibited from:

• Undertaking unauthorized or fraudulent use of the Mobile Application and/or its contents for illicit purposes or effects;

• Accessing or attempting to access restricted resources or areas of the Mobile Application without meeting the conditions required for such access;

• Introducing or disseminating computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the owner of the Mobile Application, its suppliers, other Users, or any third parties;

• Submitting content that may constitute a “press offense,” under the law of July 29, 1881, on freedom of the press;

• Disseminating any data, information, or content that is defamatory, offensive, obscene, racist or xenophobic, shocking, inciting hatred or violence, threatening, constituting harassment, and in general any content that would be contrary to laws and regulations in force, good morals, or public order.

• Infringing in any way on the right to respect for the privacy and image rights of other Users or third parties. In particular, it is strictly prohibited to distribute photos or images showing recognizable third parties without their permission or the permission of their legal representative, under penalty of infringing on their image rights;

To download, send, distribute, or transmit any Content that could constitute corruption of minors; 

• De violer les droits de propriété intellectuelle de COOGLI ou de tiers, notamment en reproduisant, représentant, diffusant ou distribuant des éléments de l’Application Mobile, tels que des textes, graphiques, logos, images, sans autorisation préalable ;

• D’utiliser l’Application Mobile à des fins de prospection, de vente, ou pour toute sollicitation commerciale ou publicitaire, sans autorisation préalable de COOGLI ;

• D’utiliser des robots, des logiciels ou tout autre moyen automatique ou semi-automatique pour accéder au Service, à des fins autres que celles autorisées expressément par COOGLI ;

• De collecter ou de stocker des données personnelles d’autres Utilisateurs sans leur consentement express ;

• De tenter d’obtenir un accès non autorisé au Service ou à tout système ou réseau connecté au Service, par piratage, extraction de mots de passe ou tout autre moyen ;

• De perturber, ralentir, bloquer ou altérer le bon fonctionnement du Service, ou de l’un de ses fonctionnalités ;

• D’utiliser le Service d’une manière qui pourrait endommager, désactiver, surcharger ou compromettre les serveurs ou réseaux de COOGLI ou des fournisseurs de COOGLI, ou interférer avec l’utilisation et la jouissance du Service par d’autres Utilisateurs.

L’Utilisateur qui enfreint l’une des dispositions de cet article 6 s’expose à des sanctions, notamment à la résiliation immédiate de son Compte personnel et/ou à des poursuites judiciaires.

En outre, COOGLI se réserve le droit de suspendre ou de résilier, sans préavis ni indemnité, l’accès au Service de tout Utilisateur qui violerait les dispositions du présent article 6, ou qui aurait un comportement qui serait susceptible de perturber le fonctionnement du Service, ou de porter atteinte à la réputation de COOGLI.

Tout manquement de l’Utilisateur aux dispositions des présentes CGU pourra également donner lieu à la suppression de tout ou partie des Contenus qu’il aura publiés sur le Service, sans préjudice de tout recours en responsabilité de COOGLI à l’encontre de l’Utilisateur, en réparation du préjudice subi du fait de ces manquements.

Enfin, l’Utilisateur est informé et accepte que COOGLI se réserve le droit de coopérer avec les autorités judiciaires et/ou administratives compétentes, et de leur transmettre toutes informations relatives à l’utilisation du Service par un Utilisateur, dans le cadre de procédures judiciaires ou administratives.

ARTICLE 7. OBLIGATIONS OF COOGLI

COOGLI undertakes to provide a Service in accordance with these Terms of Use.

COOGLI reserves the right to modify any information or content appearing in the Mobile Application, at any time and without notice, as part of its update or correction of errors or inaccuracies, or if it deems it appropriate, without this entitling Users to any compensation.

In the event of a breach of these Terms of Use or of applicable laws and regulations, especially in the event of a User’s failure to comply with one or more of the aforementioned rules in Article 6, or if the User’s behavior could compromise or risk compromising the proper functioning of the Service or infringe upon the rights of third parties or the reputation of the Service, COOGLI reserves the right to unilaterally suspend and/or terminate the performance of these Terms as provided in Article 10 hereof, and to block and/or delete the concerned User’s personal account as well as their access to all or part of the Service, to remove contentious content, temporarily or permanently, without this entitling the User to any compensation.

In the event of suspicion or reporting by a User of illicit content or content violating these Terms of Use, COOGLI reserves the right to suspend the concerned User’s personal account or the publication of the contentious content within a reasonable time in order to verify the accuracy of the suspected abusive information.

However, Users are informed that any abusive reporting may be subject to sanctions in accordance with applicable regulations and these Terms of Use and may result in immediate suspension and/or termination thereof.

ARTICLE 8. LIMITATION OF LIABILITY

At any time, COOGLI may modify, temporarily or permanently interrupt access to the Service, without having to inform Users in advance, with COOGLI making no commitment to maintain permanent and uninterrupted access to the Mobile Application and/or the Service. COOGLI shall not be liable for such interruptions and the consequences thereof for the User.

COOGLI shall not be liable for the improper operation of the Service if it results from maintenance operations, incidents, or problems related to its ability to support the systems necessary for the use of the service, even if COOGLI will make its best efforts to ensure a rapid response, without assuming responsibility for delays related to telecommunications services. In particular, COOGLI shall not be liable for the malfunction of telecommunications operators and Internet service providers used by the User, nor for payment platform issues that the User may employ to make payments.

The User remains solely responsible for any use that may be made of their identifiers and password, and for their confidentiality, as well as for any use of their personal account. COOGLI shall not be liable in any case for any loss or theft or any damage resulting from fraudulent use of User identification data. As a technical service provider, COOGLI is not obliged to verify the accuracy of the information provided by Users and declines any liability for the inaccuracy of data, information, and content disseminated by Users via the Mobile Application, or for any errors or omissions they may contain as well as any damage resulting from the use of any content provided by a User.

COOGLI shall not be liable for any consequences that may arise from encounters or contacts between several Users, following the use of the Mobile Application.

The Service does not operate any selection of Users and does not intervene at any time in their connection. COOGLI is not responsible for the advertisements and content published by Users, nor for the organization, nor for the smooth running of encounters and any transactions between Users.

COOGLI provides no guarantee as to the operation and availability of access to the COOGLI Mobile Application in the event of force majeure or fortuitous events as defined by current regulations and case law.

Expressly considered, notably but not exclusively, as cases of force majeure or fortuitous events, in addition to those usually retained by French case law: exceptional weather conditions, total or partial strikes, internal or external to the company, lockouts, epidemics, blockages of means of transport or supply for any reason, earthquakes, fires, storms, floods, water damage, natural disasters, lightning, terrorist attacks, damage caused by viruses for which existing security measures on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities which would have the effect of substantially modifying these general conditions, computer failures, telecommunications disruptions including the P.T.T. network, failure of the public telecommunications network, loss of Internet connectivity due to public or private operators, any problem related to the User’s modem or computer system or browsing software, interconnections of telephone networks and/or any other transport or telecommunications infrastructure used by the user, failure of the public electricity distribution network, and any other event beyond the express will of the parties preventing the normal execution of the Service.

COOGLI is also not responsible for the improper configuration of the User’s mobile terminal. It is the responsibility of each User to ensure the proper functioning and configuration of their hardware.

ARTICLE 9. DURATION

In the case of downloading the free Mobile Application, these Terms of Use are subscribed for an indefinite period from their acceptance by the User under the conditions described in Article 1.

ARTICLE 10. TERMINATION

Access to the Mobile Application and the Service may be temporarily or permanently interrupted, notably in the event of cessation by COOGLI of the relevant activity, or in the event of judicial or amicable liquidation of the COOGLI company. These Terms of Use would then be terminated automatically.

In the event of the User’s death, the contractual relationship between them and COOGLI shall be terminated automatically, and their personal account shall be deactivated, upon submission of relevant supporting documents from the rightful heirs. Their content may only be transferred to the heirs upon a court decision.

In the event of a User’s violation of these terms, or of applicable laws and regulations, especially but not exclusively in the event of a User’s failure to comply with one or more of the aforementioned rules in Article 6, or in the event of behavior compromising or risking the proper functioning of the Service or infringing upon the rights of third parties or the reputation of the Service, COOGLI reserves the right to unilaterally suspend and/or terminate the performance of these terms, and to block and/or delete the concerned User’s personal account, as well as their access to all or part of the Service, to remove contentious content, temporarily or permanently, without this entitling the User to any compensation, and without prejudice to any legal action that COOGLI may take thereafter to assert its rights.

Any User may unsubscribe at any time from the Mobile Application by following the following procedure:

1. Log in to the Mobile Application and enter the login and password to identify oneself;

2. Click on the “My profile” tab;

3. Click on “edit”;

4. Click on “Delete your account”, located at the bottom of the page.

5. Click on “Permanently delete my account”.

ARTICLE 11. INTELLECTUAL AND INDUSTRIAL PROPERTY

11.1 COOGLI Intellectual Property Rights

All content of the Mobile Application and Websites, photographs, logos, images, sounds, video, graphics, texts, or illustrations as well as its structure, databases, software, codes as well as any other material and visual element composing the Mobile Application is protected, notably by intellectual property rights of which COOGLI remains the sole owner.

These Terms of Use do not entail any assignment of any kind of intellectual property rights to the elements belonging to COOGLI and/or its partners for the benefit of the User.

Users undertake to respect the intellectual property rights attached to the elements composing the Mobile Application and undertake, in particular, not to distribute, publish, transmit, assign to any third party, exploit them for commercial purposes, reproduce, copy or modify them without the express authorization of COOGLI. In particular, any extraction or reuse of data contained in the Mobile Application, beyond its normal use, is strictly prohibited to any User and is subject to COOGLI’s express and prior authorization.

11.2 User’s Right to Use the Mobile Application

The User only has a strictly personal, non-exclusive, and non-transferable right to use the Mobile Application. Any other use is subject to the prior and express authorization of COOGLI.

Any reproduction, representation, or dissemination, including the addition of new functions or modifications to it that would alter its operation, by any means and on any medium whatsoever, is strictly prohibited, with the sole exception of the right to reproduce for storage for backup or printing purposes on paper media in one copy, subject to compliance with the integrity of the documents.

The right to use the Mobile Application granted under these Terms of Use may be terminated at any time by the User by uninstalling the Application and deleting all copies of the Mobile Application on their devices or by terminating these terms according to the terms of Article 11.

11.3 License to Use Content Uploaded by Users

Regarding content and information protected by intellectual property rights, such as photos, texts, or videos that Users upload via the COOGLI Mobile Application, Users grant a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license for the use of this intellectual property content published via the Mobile Application or in relation to the Mobile Application upon their upload (intellectual property license).

This license is granted worldwide and for the entire duration of protection of the intellectual property rights of the data and content in question. This intellectual property license ends when Users delete their intellectual property content or their account. The User is solely responsible for the content published and shared by them via the Mobile Application.

Thus, the User guarantees COOGLI that the data and content transmitted by them via the Mobile Application do not infringe upon the intellectual property rights or the right to image of third parties and indemnifies COOGLI against any legal action that third parties may bring to claim their intellectual property rights over the data and content transmitted via the Mobile Application.

ARTICLE 12. PRIVACY POLICY AND PERSONAL DATA

12.1 General

As part of the performance of its services, COOGLI may collect personal data, including but not limited to the names, email addresses, and date of birth of the Users’ children.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, concerning data processing, files and freedoms (Data Protection Act) of January 6, 1978, the automated processing of personal data carried out from the Mobile Application and the Websites has been the subject of a declaration to the National Commission for Data Protection and Liberties (CNIL n°2097760).

In accordance with Law No. 78-17 of January 6, 1978, and Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), the personal data that will be stored in this automated file under the responsibility of COOGLI will be used solely for the purpose of providing and properly executing the services offered.

The collection of personal data collected through the COOGLI Service is necessary for the proper functioning of the Service and is mandatory to access the services offered via the Mobile Application.

Failure to provide mandatory personal data prevents access to the Service offered by COOGLI.

COOGLI retains Personal Data in a manner that ensures their integrity for the time necessary for the provision and delivery of the proposed Service and in accordance with the retention periods imposed by applicable law.

If the User has identified themselves via their Facebook profile, then COOGLI may have access to their identifier and profile.

12.2 COOGLI’s Obligations under GDPR Legislation:

COOGLI undertakes to process said personal data in compliance with this regulation, and in this regard, undertakes to:

– Only collect and process personal data in accordance with the express instructions of the User and the purposes related to the object of the services offered via the Mobile Application.

– Preserve the security, integrity, and confidentiality of personal data as soon as it collects or records them as part of the execution of the Services;

– Not disclose personal data to any third party whatsoever, except to third parties to whom it is strictly necessary to transmit personal data in the performance of the services offered; The personal data thus collected may be transmitted to COOGLI’s Personnel as well as to any third party designated by it to participate in the establishment, implementation, or monitoring of the Service (personnel, partners, and/or subcontractors). Members of COOGLI’s Personnel and third parties designated by it will have access to and may use the personal data collected solely for the purpose of providing the Service offered.

Under no circumstances will personal data be transferred to other third parties, whether gratuitously or for consideration, without the User’s authorization, except in the cases provided for in Article 10 herein, which provides that data allowing the identification of the User may be transmitted to the rightful heirs upon a court decision.

– Not transfer any personal data outside the territory of the European Union, except to third countries providing an adequate level of protection as defined by the supervisory authorities or to a subcontractor authorized by the User and signatory of the standard contractual clauses issued by the European authorities;

– Implement any data security system that may be required either due to an impact analysis conducted by the User as the data controller or due to specific legislation requiring specific data retention methods;

– Promptly notify the User in the event of a breach, loss, or unauthorized disclosure of personal data collected in connection with the use of the Services, in order to enable the User to notify the affected persons and to comply with their obligations under the aforementioned regulations.

COOGLI refrains in any case from reproducing, exploiting, or using the personal data collected for its own purposes or on behalf of third parties and undertakes to modify or delete, either at the User’s request or at the request of a concerned person, and in any case upon completion of the pursued purpose and upon completion of its services, any personal data collected in connection with or for the purpose of performing said services.

Any User may submit a complaint regarding privacy compliance or any questions regarding the information collected and processed by COOGLI to the following email address: contact@coogli.com.

12.3 Nature of the Information Collected

When subscribing to and using the Service, COOGLI only collects and retains certain information, namely: First name, relationship to the child, email address, photo (optional), First name(s) of the child(ren), age of the child(ren), photo of the child (optional), height and weight of the child (optional), teething information (optional), daily anecdotes (optional), and nanny hours (optional), hygiene, nutrition, sleep.

If the User has identified themselves via their Facebook profile, then COOGLI may have access to their identifier and profile. If the User has identified themselves via their Google account, then COOGLI may have access to their email address and profile photo.

12.4 Right of Access, Rectification, and Deletion of Personal Data

Any User has the right to access, rectify, or object to the processing of any data concerning them that is not essential to the purpose of collection. In accordance with Articles 39 and following of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, and legislation relating to data processing, files, and freedoms, and Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), any person may obtain communication and, if necessary, rectification or deletion of information concerning them, by sending an email to the following address: contact@coogli.com.

To this end, within COOGLI’s computerized records may be retained the User’s name or first name, email address, password, IP address, device brand and model, mobile operator, date and exact time of publication of information and content transmitted via the Mobile Application.

12.5 Use of Cookies, Identifiers, and Activity File

In order to improve the COOGLI Service in terms of system performance and ease of use, as well as to provide useful information about products and services, information may be automatically collected and stored in log files from the computers or terminals used.

This includes non-personal data such as IP address, browser type, selected language, operating system, Internet service provider (ISP), as well as date and time. This information is used in aggregate to improve the management of the Mobile Application, analyze trends, and collect demographic data about Users.

If non-personal information is used in combination with Personal Data, the whole will be treated as Personal Data and will therefore be processed in accordance with this Article 12.

Likewise, in order to optimize COOGLI’s services, emails, online services, advertisements, and interactive applications may use “cookies” or “anonymous identifiers” of users (regarding the Websites).

What are cookies?

A cookie is a small file, usually consisting of letters and numbers, sent by our web server or by the Mobile Application to a User’s browser cookie file. This allows COOGLI to remember the presence of a User when establishing a new connection to COOGLI’s server and the User’s browser. The main purpose of a cookie is to allow COOGLI’s server to present customized web pages that can make the Service browsing experience an individual and tailored one to personal preferences.

What are identifiers or probes?

An anonymous identifier is a random string of characters used for the same purpose as cookies on platforms where cookie technology is unavailable, including certain types of mobile devices and installed applications.

12.6 User Obligations

It is recalled that it is the User’s responsibility to obtain any necessary consent from the data subjects, in correlation with the comments and publications of any kind that they provide on the application.

In addition, individuals concerned by the publications or comments of a User have rights regarding the personal data concerning them, including the rights of access, rectification, erasure, restriction, portability, and objection, and may revoke consents to processing at any time. The individuals concerned may exercise their rights directly with the Users, who undertake, if necessary, to transmit them to COOGLI so that these requests are processed as soon as possible, by sending an email to the following address: contact@coogli.com.

ARTICLE 13. APPLICABLE LAW – DISPUTES – LANGUAGE

The conclusion, interpretation, and validity of these Terms of Use and all contracts arising therefrom and their consequences are subject to French Law and Regulations in force, to the exclusion of any other legislation, regardless of the nationality of the User, both for substantive and procedural rules.

In the event of failure to reach an amicable agreement between the parties and failure of negotiations, the parties will regain their full freedom, and their dispute shall be brought before the Commercial Court of Annecy.

In particular, in accordance with Regulation No. 524/2013 on online dispute resolution for consumer disputes, the Customer is informed that any dispute arising from these general terms and conditions may be submitted to the online dispute resolution platform accessible via the following link: http://ec.europa.eu/consumers/odr/ from February 15, 2016.

By express agreement, in the absence of an amicable agreement, the courts within the jurisdiction of COOGLI’s registered office shall have exclusive jurisdiction over any dispute or challenge relating, in particular but not exclusively, to the formation, interpretation, execution, or non-performance, termination of these terms, notwithstanding multiple defendants or third-party proceedings, even for interim proceedings, in summary proceedings or by application.

In case of difficulty of interpretation, the French version of these Terms of Use prevails over any other version translated into another language.

ARTICLE 14. CANCELLATION AND INEFFECTIVENESS OF CLAUSES

The nullity or impossibility of implementing any clause of these Terms of Use, if it does not significantly affect the contractual balance, will only affect the clause concerned and will not result in the cancellation of these Terms of Use.

The User undertakes to carefully read the content of this document, which includes the General Terms of Use of the Service, and expressly and unreservedly accepts all the rules and obligations set forth therein.