I- DEFINITIONS

II- PURPOSE

The purpose of this Agreement is to define the terms and conditions under which IoTerop grants to the Customer the non-exclusive, non-transferable right to access and use the Device Management Services solely for its internal business operations, in the conditions set forth herein.

The Customer is solely responsible for ensuring that the Device Management Services are appropriate for its needs or its specific activity.

These terms and conditions apply, without restriction or reservation, whatever clauses may appear in the Customer's documents, and in particular its general terms and conditions of sale or purchase. Customers and End Users are required to read them before subscribing or accessing the Device Management Services.

THE CUSTOMER OR END USER DECLARES THAT THEY HAVE READ THESE TERMS AND CONDITIONS AND ACCEPTS THEM BY CHECKING THE APPROPRIATE BOX WHEN ACCESSING THE DEVICE MANAGEMENT SERVICES.

III- TECHNICAL PREREQUISITES

The Customer expressly recognizes that it has been informed of all the technical prerequisites, set forth in Schedule B, that must be implemented and complied with by the Customer to access and use the Device Management Services.

The Technical Prerequisites may be amended by IoTerop from time to time, in particular for technical and security reasons.

If a change should occur during the term of this Agreement, the Customer will be informed within a reasonable period of time by IoTerop, by any mean of its choice.

It is the Customer's responsibility to upgrade its hardware and software according to any modifications made to these technical prerequisites. The Customer shall be solely responsible for the consequences of failure to comply with the prerequisites and in particular for the malfunction of the Device Management Services.

IV- ALASKA DEVICE MANAGEMENT SERVICES

4.1 Formation of the Agreement

The Agreement is formed by the acceptance of the terms and conditions by the Customer during the subscription to the Device Management Services online.

Electronic acceptance of the Agreement has the same probative value between the Parties as a printed agreement. The computerized records stored in IoTerop’s archives shall be deemed valid proof of the Agreement between the Parties.

4.2 Initialization and Credentials

Once the Device Management Services have been subscribed and the terms and conditions accepted, the Customer’s End Users will be provided with Credentials to access and use the Device Management Services and configure its Devices through the Portal as set forth in article 4.3.

The Customer is responsible for the confidentiality of the End Users’ Credentials. It undertakes that the End Users will make a strictly personal use and not share their Credentials with a third party.

The Credentials provided to the End Users are personal, confidential, and non-transferable.

The Credentials can only be changed or deleted at the request of the Customer.

The Customer must inform IoTerop without delay if it finds a security breach related notably to the voluntary communication or misappropriation of its Credentials, so that IoTerop can immediately take any appropriate measures to remedy this security breach. IoTerop will send the Customer new Credentials, by email, to the address provided by the latter.

4.3 Access and use of the Device Management Services

All costs, whatever they may be, related to the access of the Device Management Services and the Portal are in no way the responsibility of IoTerop.

The Customer’s Devices can be configured at any time on the Portal by one or several End Users, depending on the level of access granted, as defined by the Customer. To configure the Devices, the list of the Devices, their identification and their security key are required. This information is provided under the Customer’s sole responsibility.

The Device Management Services shall have access to Device Operational Data, which may be stored on the Portal and analyzed, and to Customer Data which may transit through the Device Management Services but shall not be stored by IoTerop. IoTerop recommends the Customer to encrypt Customer Data.

The type and quantity of Device Operational Data processed by the Device Management Services depend on the type of Device.

The Devices Operational Data and Customer Data collected by the Device Management Services, can be transferred to the Customer’s Data Analytics Application, of which the Customer remains exclusively and fully responsible. This transmission is performed according to the repetition frequency defined by the Customer on the Portal.

In this respect, the Customer represents and warrants that it has an active and valid license for its Data Analytics Application.

4.4 Free trial

The Customer may use the Device Management Services as part of a free trial offer for evaluation purposes. Under this offer, the number of End Users, of Customer Data and of Devices managed by the Device Management Services are limited and certain features of the Device Management Services may not be accessible.

The Customer acknowledges that if it wishes to access additional features of the Device Management Services and/or increase the number of End Users, Customer Data or Devices managed by the Device Managements Services, it must subscribe to a paid subscription offer based on a quotation drawn up by IoTerop or directly online.

IoTerop reserves the right to refuse or terminate a free trial, particularly if a Customer has already benefited from a free trial. Certain promotional offers proposed by IoTerop may also exclude cumulation with a free trial.

4.5 Updates

IoTerop reserves the right, in its sole discretion, to update the Device Management Services as it deems necessary to keep abreast of technological developments, correct errors or add new features.

IoTerop will make reasonable efforts to limit the frequency of such changes affecting the operation of the Device Management Services.

IoTerop reserves the right, in its sole discretion, to change, discontinue or restrict the Alaska APIs from time to time. IoTerop will use commercially reasonable efforts to continue to support the previous version of this API for twelve (12) months after the modification or interruption has been notified to the Customer, unless IoTerop does so: (a) would pose a security problem or violate the intellectual property rights of a third party, (b) would cause significant technical problems or financial loss, or (c) would cause IoTerop to violate the law.

4.6 Availability of the Device Management Services

IoTerop guarantees access to the Device Management Services in accordance with the terms of its SLA (Schedule C). IoTerop shall use all reasonable means to ensure that the Device Management Services are accessible to the Customer 24 hours a day, 7 days a week.

However, the Customer is informed that the access to the Device Management Services and the Portal is made via the Internet. In this respect, the Customer is informed of the technical risks that may affect this network and cause slowdowns or unavailability of the Device Management Services.

IoTerop shall not be held liable in the event that access to the Device Management Services is impossible due to a force majeure event, as defined in Article 1218 of the French Civil Code, or due to an event that is directly beyond its control (in particular, a problem on the Customer’s or end User's equipment, or Data Analytics Application, technical contingencies, disruption on the Internet network, etc.).

IoTerop may at any time:

• suspend, interrupt or limit access to all or part of the Device Management Services;
• reserve access Device Management Services, Device Management Services, category of users;
• remove any information that could disrupt its operation or which contravenes national or international laws;
• suspend or limit access to the Device Management Services in order to carry out updates and maintenance activities.

The Customer acknowledges that IoTerop’s obligation regarding the availability and proper functioning of the Device Management Services is a simple obligation of means.

The SLA sets forth the Customer’s sole remedies for availability or quality of the Device Management Services including any failure to meet any guarantee set forth in the SLA or the Support Program (Schedule D).

4.7 Third party services

Third party services that may be appropriate or necessary for use with the Device Management Services are specified in Schedule G. These third-party services are subject to the terms and conditions of said third party to which IoTerop will provide the Customer with online access.

4.8 Feedbacks

IoTerop shall have the right to use and incorporate into the Data Management Services any suggestions, enhancement requests, recommendation or other feedback provided by the Customer, or End Users, relating to the Device Management Services.

V- SUPPORT PROGRAM AND TRAINING

5.1 Support

Provided the complete payment of the fees and Support Pack subscribed as detailed in article 6, IoTerop shall provide Customer with the technical operational assistance and maintenance services in case of failure of the Device Management Services or request for technical assistance, further described in the Support Program attached hereto (Schedule D).

5.2 Training

At the Customer’s request, and subject to the previous acceptance of a specific quote, IoTerop may provide the Customer with training regarding the use of the Device Management Services. This training may be provided at any time during the Agreement, at the Customer’s office or online. The Parties shall agree on the price, date, subject matter, duration and maximum attendance of the training in this quotation.

VI- USE OF DEVICE OPERATIONAL DATA

6.1 License to use the Device Operational Data

The Customer grants IoTerop a worldwide, royalty free license to host, copy, store, record, transmit, display, view or otherwise use Device Operational Data, as reasonably necessary for IoTerop to provide the Device Management Services in accordance with and limited to the duration of this Agreement. Subject to this limited license granted to IoTerop, IoTerop acquires no right, title or interest from the Customer under this Agreement in or to any of Device Operational Data.

6.2 Use of statistical information

IoTerop may also retain and use Device Operational Data in the form of anonymized aggregate statistics for internal analytical purposes including to (i) improve the Device Management Services; or (ii) to develop new products and services.

IoTerop may make information derived from its analysis of Device Operational Data publicly available, provided that the publicized information does not include any Device Operational Data that has not been anonymized.

For the purposes of the Agreement, aggregated and anonymized Device Operational Data means Device Operational Data that: (i) has been aggregated with other data; and (ii) does not contain information that directly or indirectly identifies Customer or End Users or any data subject.

IoTerop shall retain all intellectual property rights over the results of such statistical analysis.

VII- CUSTOMER RESPONSIBILITIES

7.1 Compliance with laws

The Customer represents and warrants that it will comply with all laws, rules, and regulations applicable to its use of the Device Management Services.

7.2 Assistance

The Customer shall provide all information and assistance necessary to enable IoTerop to deliver the Device Management Services.

The Customer acknowledges and agrees that IoTerop’s ability to deliver the Device Management Services also depends upon the Customer’s timely cooperation, as well as the accuracy and completeness of any information the Customer provides.

7.3 Customer contact

The Customer shall appoint among its personnel, one (1) person to be the point of contact with IoTerop who will be responsible for the Customer’s management, use and support of the Device Management Services. Such individual shall be authorized to act on behalf of the Customer within the scope of this Agreement.

The initial Customer’s primary contact is identified during the Customer’s subscription to the Device Management Services online. The Customer recognizes that said contact is suitably qualified, competent and trained to manage the use of the Device Management Services.

The Customer undertakes to immediately notify IoTerop of any changes of its designated contact by email.

7.4 End Users

The Customer may enable access to the Device Management Services to End Users, solely for its internal business purposes, in accordance with the terms of this Agreement. The Customer is solely responsible for all End Users use of the Device Management Services and compliance with this Agreement.

If the Customer is made aware of a breach of its obligations under this Agreement by an End User, it shall immediately suspend access to the Device Management Services to said End User through the Portal.

The Customer shall be liable for the acts and omissions of its End Users in connection with the Agreement as if they were its own.

The Customer shall ensure that its End Users are adequately trained to a sufficient level to use the Device Management Services competently.

7.5 Customer’s Data

The Customer is responsible for the proper configuration, implementation and use of the Device Management Services and for taking appropriate measures to secure and protect its Devices and the Customer Data. This may include the use of encryption technology to protect Customer Data from unauthorized access.

IoTerop shall not be responsible for accidental destruction of the Customer Data by the Customer, the End Users or a third party accessing the Device Management Services without any fault of IoTerop.

The Customer retains ownership and intellectual property rights in and to its Customer Data.

The Customer shall have sole responsibility for the nature, content, accuracy, quality, and legality of all Customer Data. The Customer acknowledges that IoTerop exercises no control over the content of the Customer Data.

IoTerop has no responsibility or liability for the deletion or failure to store data beyond allowed storage space indicated in the subscription.

The Customer acknowledges that the Device Management Services shall not be used to store Customer Data and that the storage and flow of Customer Data sent to or from each Device is limited as indicated during the Customer’s subscription to the Device Management Services. If Customer Data exceed the allowed volume of data stored on or flowing through the Device Management Services, IoTerop reserves the right to:

1. either delete the oldest data stored on the Device Management Services to always ensure that the volume limits are not exceeded;
2. block Customer Data once the volume limits have been reached;
3. invoice each GB of Customer Data consumed above the limit of Customer Data that can be sent to or from each Device each month, in accordance with IoTerop’s rate; or
4. invoice each GB of Customer Data and Device Operational Data stored on the Device Management Services above the monthly storage limit, in accordance with the Customer’s subscription.

7.6 Customer applications, software, network and Devices

The Customer is solely responsible for the development, implementation, operation, support, maintenance, and security of the items used in conjunction with the Device Management Services, including:

1. its hardware;
2. its Data Analytics Application;
3. the software used on each Device;
4. each Device; and
5. its network connections.

The Customer represents and warrants that:

1. it will obtain, maintain and provide IoTerop with all necessary authorizations and consents required to access its Data Analytics Application and Device Operational Data for the provision of the Device Management Services;
2. it will select, obtain and maintain all required internet access and telecommunications;
3. it will maintain and secure its network connections and telecommunications links from its systems and Devices to IoTerop’s datacenters.

IoTerop declines any responsibility concerning problems, conditions, delays, delivery failures and any other loss or damage resulting from or related to the network connections or telecommunication links of the Customer or its Devices or caused by the Internet.

7.7 Insurance

The Customer declares that it is insured for its professional civil liability with a company known to be solvent for all material and immaterial damages resulting from the execution of the present Agreement by End Users, its staff or its representatives.

The Customer undertakes to maintain said insurance for the entire duration of the Agreement and to provide proof of this at IoTerop’s request.

VIII- FEES AND PAYMENT TERMS

8.1 Fees

With the exception of free trials, the Customer shall pay to IoTerop the fees specified during the Customer’s subscription which include:

1. the subscription fees for the Device Management Services, based on the number of Devices for which the Device Management Services are used, the volume of Customer’s data stored for each Device, and the maximum volume of Customer Data and Device Operational Data that can flow through the Portal;
2. the Support Program fees, based on the terms of support set forth in Schedule D.

8.2 Modalities of payment

The fees are payable, monthly, except for the Initial Term of the Agreement which is payable in full at the start of the Agreement.

The fees are due from the date of the Devices configuration on the Portal, whether or not said Devices have been put into use by the Customer or a third party.

If the Customer wishes to change the threshold of Devices connected to the Device Management Services or the volume of data stored for each Device, it shall upgrade its Device Managements Services online or a quotation shall be drafted by IoTerop and accepted by the Customer.

Fees are payable according to the payment terms mentioned during the Customer’s subscription.

All amounts payable under the Agreement shall be made without setoff or counterclaim, and without any deduction or withholding. Any currency exchange cost will be borne solely by the Customer.

No discount will be provided by IoTerop for payment made before the date shown on the invoice or in a delay shorter than the one mentioned herein.

The fees are exclusive of value added tax (“VAT”), which is payable in addition by the Customer at the rate and in the manner for the time being prescribed by law.

8.3 Late penalties

In case of late payment and payment of the sums due by the Customer beyond the above deadline, and after the payment date specified on the invoice sent to the latter, late penalties of fifteen percent (15%) of the unpaid fees shall be automatically and ipso jure gained by IoTerop, without any formality nor prior notice, without prejudice to any other action that IoTerop would be entitled to initiate for this matter against the Customer.

In addition, a lump sum compensation for recovery costs of forty euros (40 €) will be payable by the Customer as of right and without prior notice in case of late payment. IoTerop reserves the right to request to the Customer an additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of receipts.

IX- INTELLECTUAL PROPERTY RIGHTS

9.1 Right of access

Subject to the provisions of the Agreement and the Customer’s payment in full of the fees, IoTerop hereby grants to the Customer a non-exclusive, non-sublicensable, non-assignable, and worldwide right to access and use the Device Management Services, solely for the Customer's internal business operations.

The right to access and use the Device Management Services is granted for the term set forth in section 11.1 "Term" of this Agreement.

9.2 Intellectual property rights

Except as expressly set forth in the Agreement, the aforementioned right of access and use does not grant the Customer any rights, implied or otherwise, to IoTerop’s intellectual property. IoTerop or its licensors owns all the intellectual property rights relating to the Device Management Services.

Neither the Customer nor the End Users, for whom the Customer answers toward IoTerop, shall have any right to:

1. distribute, display, share, transfer, sell, license, loan, assign, time share, offer in a service bureau, or otherwise make available the Device Management Services or other content that is contained or displayed in it to any third party;
2. customize, modify, enhance, alter, create any derivative works or otherwise change any part of the Device Management Services;
3. translate, disassemble, reverse engineer, decompile, decode, decrypt, or otherwise attempt to reconstruct or discover any source code or underlying ideas or algorithms of, or embodied in the Device Management Services;
4. remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Device Management Services;
5. copy any features, functions, integrations, interfaces or graphics of the Device Management Services.

All trademarks, distinctive brand elements, domain names, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, documentation that could be reproduced or used in the Device Management Services are protected by applicable intellectual property laws. They are the full and entire property of IoTerop or its licensors. Any reproduction, representation, use or adaptation, part of these elements, without the prior written consent of IoTerop, are strictly prohibited. The fact that IoTerop does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of such uses and waiver of prosecution.

The Customer undertakes to ensure compliance with these obligations by End Users, by its current and future partners, and by its de facto or de jure managers.

The above undertakings include any direct or indirect action, personally or through an intermediary, for the Customer’s own account or that of a third party.

X- WARRANTY

IoTerop represents and warrants that it will provide the Device Management Services in a professional manner consistent with general industry standards.

IoTerop warrants that it has all the intellectual property rights enabling it to grant this right of access, and that as such, the Device Management Services does not infringe upon the rights of third parties.

IoTerop indemnifies the Customer against any third-party claim based on infringement, unfair competition and/or parasitic acts resulting from or related to the Customer's use of the Device Management Services, provided that the Customer:

• has immediately notified IoTerop in writing and that the alleged infringement is not caused by the Customer;
• gives IoTerop sole control over the conduct of the defense and settlement of the third-party claim. IoTerop shall have full discretion to settle or pursue any proceeding of its choice;
• provide IoTerop with all necessary information, material and assistance to enable IoTerop to conduct its defense or reach a settlement agreement; and
• makes every reasonable effort to mitigate any loss or damage.

If all or part of the Device Management Services is found by a binding court decision to infringe or if IoTerop reasonably believes the Device Management Services might infringe a third party’s intellectual property, in whole or in part, then IoTerop may, at its sole option:

1. procure the right for the Customer to continue using the Device Management Services;
2. modify the Device Management Services to make it non-infringing; or
3. replace the Device Management Services with a non-infringing alternative.

If IoTerop determines the above is not commercially reasonable, then IoTerop may suspend or terminate the Agreement.

IoTerop shall have no liability or obligation toward the Customer if such third-party claim arises from:

• the use of the Device Management Services by the Customer or the End Users, in combination with any third-party software, material, hardware, products or other equipment or materials not supplied or approved in writing by IoTerop;
• the use of the Device Management Services by the Customer or the End Users which does not comply with the instructions of IoTerop and that the Device Management Services would not have been recognized as infringing without such use by the Customer or End Users.

IOTEROP DOES NOT GUARANTEE THAT THE DEVICE MANAGEMENT SERVICES WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL IOTEROP BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF THE DEVICE OPERATIONAL DATA, CUSTOMER’S DATA, FILES, OR PROGRAMS. THE CUSTOMER ACKNOWLEDGES THAT IOTEROP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND THAT THE DEVICE MANAGEMENT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.

The Device Management Services are provided to the Customer on an “as is” basis.

IoTerop shall use reasonable endeavors to remedy with all reasonable possible diligence any reproducible errors in the Device Management Services or provide the Customer with an alternative means of accomplishing the desired performance. Such correction or workaround constitutes the Customer’s sole and exclusive remedy for any breach of this clause and shall not apply to the extent that any error is caused by use of the Device Management Services contrary to IoTerop’s instructions, or modifications or alteration of the Device Management Services by any third party other than IoTerop.

THIS CLAUSE SETS FORTH THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY IOTEROP (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. TO THE EXTENT LEGALLY PERMITTED, ANY OTHER WARRANTY OTHER THAN THOSE SET OUT IN THIS CLAUSE IS EXPRESSLY EXCLUDED.

XI- LIABILITY

11.1 IoTerop’s liability

IoTerop shall not be held liable for direct and/or indirect damages suffered by the Customer and/or the End Users, in particular in the following cases:

• problems on the Customer’s and / or End Users' equipment;
• technical problems;
• failures, difficulties or slowdowns on the Internet network;
• the fraudulent intrusion of a third party in its system or the illicit extraction of Customer Data or Device Operational Data despite the implementation by IoTerop of means of security in accordance with the known and current state of the art; or
• abnormal or fraudulent use by the Customer and/or End Users of the Device Management Services.

IN ANY CIRCUMSTANCES, IOTEROP SHALL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL INJURY SUFFERED BY THE CUSTOMER AND / OR END USERS, SUCH AS OPERATING LOSS, LOST PROFIT, COMMERCIAL DAMAGE, DETRIMENTAL IMAGE, LOSS OF REVENUE, LOSS OF BENEFIT, LOSS OF CLIENTS, LOSS OF OPPORTUNITY, LOSS, INACCURACY OR CORRUPTION OF FILE OR DATA, COST TO OBTAIN A SUBSTITUTE PRODUCT, SERVICE OR TECHNOLOGY, IN RELATION TO, OR RESULTING FROM A DEFAULT TO PERFORM OR A FAULTY PERFORMANCE OF THE AGREEMENT. ANY DAMAGE SUFFERED BY THIRD PARTIES TO THE AGREEMENT, INCLUDING END USERS IS AN INDIRECT DAMAGE AND DOES NOT RESULT IN COMPENSATION.

IN ANY CASE, THE AMOUNT OF DAMAGES AND ALL COMPENSATIONS DUE TO THE CUSTOMER BY IOTEROP, ALL CAUSES AND ALL DAMAGES COMBINED AND CUMULATED, SHALL NOT EXCEED THE TOTAL, CUMULATIVE AMOUNT OF THE FEES PAID BY THE CUSTOMER TO IOTEROP PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST RELEVANT CLAIM.

THE CUSTOMER HEREBY ACKNOWLEDGES THAT IOTEROP'S OBLIGATION HEREUNDER IS AN OBLIGATION OF MEANS.

11.2 Customer’s liability

THE CUSTOMER IS RESPONSIBLE TOWARDS IOTEROP FOR ANY DIRECT, INDIRECT, MATERIAL AND / OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY FAILURE FROM ITS PART AND / OR BY THE END USERS, AND IN PARTICULAR, FOR FAULTY OR FRAUDULENT EXPLOITATION OF THE DEVICE MANAGEMENT SERVICES.

THE CUSTOMER SHALL DEFEND AND INDEMNIFY IOTEROP AGAINST ANY CLAIMS, ACTIONS, PROCEEDINGS, LOSSES, DAMAGES, EXPENSES AND COSTS INCLUDING WITHOUT LIMITATION COURT COSTS AND REASONABLE LEGAL FEES ARISING OUT OF OR IN CONNECTION WITH CUSTOMER DATA, DEVICE OPERATIONAL DATA, DATA ANALYTICS APPLICATION OR DEVICES AS USED IN CONNECTION WITH THE DEVICE MANAGEMENT SERVICES.

XII- SUSPENSION OF THE DEVICE MANAGEMENT SERVICES

IoTerop may suspend the Customer’s or any End User’s right to access or use any portion or all of the Device Management Services if IoTerop determines:

• the Customer use of the Device Management Services:
  • poses a security or reputational risk to IoTerop, the Portal, the Device Management Services or any third party,
  • could adversely impact IoTerop’s systems, the Portal, the Device Management Services or the systems or data of a third-party provider or any other IoTerop customer,
  • could subject IoTerop, or any third party to liability, or
  • could be fraudulent.
• the Customer is, in breach of its obligation under articles 3, 4, 6, 7, 8, 9, 15, 17 et 18 of the Agreement as well as Schedule B; or
• the Customer has ceased to operate in the ordinary course of business, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

The suspension shall be revoked by IoTerop if it deems that the circumstances causing the suspension are resolved by the Customer.

This suspension period shall under no circumstances give rise to any refund or discount on the amount of the fees due under this Agreement. The Customer will remain responsible for all fees Customer incurs during the period of suspension.

IoTerop shall not be liable for any suspension of the Device Management Services under such circumstances as described in this section.

XIII- TERM, TERMINATION

13.1 Term

The Agreement is effective upon the date of subscription to the Device Management Services by the Customer.

Unless terminated by one of the Parties, by letter with acknowledgment of receipt, at least thirty (30) calendar days before the arrival of the Initial Term, it will be then tacitly renewed, for an indefinite term.

Following the Initial Term, either Party may terminate the Agreement at any time upon thirty (30) calendar days written notice by letter with acknowledgment of receipt to the other Party. Any month of use of the Device Management Services begun is charged in full.

13.2 Termination clause

Without prejudice to any other right or remedy which may be available to it, IoTerop shall be entitled to terminate immediately this Agreement under the exclusive fault of the Customer, by giving written notice to the Customer, if:

• The Device Management Services has been temporarily suspended by IoTerop for longer than thirty (30) days pursuant to article 10 of the Agreement;
• the Customer has committed a material breach of its obligations under articles 3, 4, 6, 7, 8, 9, 15, 17 et 18 of the Agreement as well as Schedule B, which has not been remedied within a period of fifteen (15) calendar days following receipt of formal notice sent by registered mail with notice of receipt;
• the Customer becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors; or
• the Customer has an order made against it, or passes a resolution, for its winding-up or has a receiver or similar officer appointed over all or substantially all of its property or assets.

13.3 Termination for failure to fulfil a sufficiently serious obligation

Notwithstanding the above termination clause, the Party who suffers a sufficiently serious failure of the other Party to perform any of its obligations may notify the defaulting Party the resolution for fault of this Agreement by registered letter with acknowledgment of receipt, fifteen (15) days after receipt by the defaulting Party of a formal notice requesting the performance of its obligations which would have remained unsuccessful, and this, pursuant to the provisions of Article 1224 of the French Civil Code.

In any case, the injured Party may initiate a judicial action to request damages.

13.4 Effect of termination

The termination of the Agreement, whatever the cause, shall result in the termination of the rights granted herein to the Customer, and the End Users.

Thus, upon any expiration or termination of this Agreement:

1. the Customer will immediately cease accessing and otherwise using the Device Management Services;
2. IoTerop will deactivate any access to the Device Management Services and Credentials to the Portal from the date of termination;
3. IoTerop will delete all Devices Operational Data and Customer Data from its datacenter; and
4. any amounts due under the Agreement will become immediately payable. IoTerop shall keep the fees paid without prejudice to any other damages that may be requested in the event of termination for breach of the Agreement.

Expiration or termination of this Agreement shall not prejudice the terms and conditions of the Agreement, which by their nature must be deemed to survive such expiration or termination, such as: articles 1, 4.7, 6.2, 8.3, 9.2, 11, 13.4, 15 and 18.

XIV- FORCE MAJEURE

Neither Party shall be liable for any delay in performing its obligations under this Agreement, if such delay is caused by a force majeure event, as per article 1218 of the French Civil Code, including without limitation:

• earthquakes, fire, storm, flood or other natural disaster;
• strikes, lockouts, riots;
• acts of terrorism or war;
• imposition of sanctions, embargo, or breaking off of diplomatic relations;
• and interruption or failure of utility services, telecommunication services and telecommunication networks;
• computer breakdown.

The performance of the affected Party’s obligations shall be suspended during the period that the relevant circumstances persist.

The Parties will in any event use all reasonable endeavors to mitigate the impact of any event of force majeure and to recommence performance of their obligations under this Agreement as soon as reasonably possible.

If the suspension continues beyond three (3) months, either of the Parties may terminate the Agreement by giving notice to the other Party by registered mail with acknowledgment of receipt.

XV- CONFIDENTIALITY

The Parties undertake to treat all information (e.g. knowledge, skills, experience, documents, inventions, production processes, designs, business and trade secrets, software in any form) obtained - in whatever form - from the other Party during the contractual period (“the Confidential Information”), as confidential and only to use this information for the purpose set out in this Agreement, not to make it accessible to third parties and to protect it in the same manner as their own business secrets.

This obligation shall not apply to information:

1. which is at the time of disclosure or subsequently becomes publicly accessible without violating the obligations specified in this Agreement, or
2. which the receiving Party or its group companies has acquired or developed independently and without recourse to the Confidential Information, or
3. with respect to which the receiving Party is required to disclose due to mandatory legal provisions or any order of a court of competent jurisdiction or a governmental authority.

This obligation shall apply for a period of five (5) years after the expiry of this Agreement.

The Parties shall limit access to the Confidential Information to those employees having a specific need for such access in the performance of their duties, consistent with the purposes of this Agreement. The Customer also undertakes to have its staff members, and End Users for whom the Customer answers toward IoTerop, respecting this confidentiality clause.

The receiving Party shall return or destroy any written Confidential Information provided or disclosed by the other Party or recorded in any other way within the framework of this Agreement, including all copies made thereof and samples provided, immediately upon the request of the disclosing Party, otherwise at the latest with the termination of the Agreement. Machine-readable data shall be deleted from the data carriers.

XVI- PROCESSING OF PERSONAL DATA

The Customer represents and warrants that the Device Operational Data and Device Data processed in connection with the provisions of the Device Management Services by IoTerop does not contain any personal data as defined by Regulation EU n° 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”).

The personal data relating to End Users and the Customer contact are processed by IoTerop in compliance with GDPR. In this regard, IoTerop’s privacy policy is attached hereto (ScheduleF).

XVII- ASSIGNMENT

This Agreement being concluded intuitu personae with regard to the Customer, it prevents itself, on the one hand, to transfer, for any cause and in any form whatsoever, for a consideration or free of charge, the Agreement or any of its rights and obligations to a third party.

In addition, in the event of a change of control in the Customer’s corporate structure and / or change of management, and / or completion of any transaction such as a merger, acquisition or transfer, IoTerop reserves the ipso jure right to terminate the present Agreement.

The intuitu personae being not reciprocal, the modifications that could occur in the person of IoTerop such as, for example, merger, split, absorption, spin-off, transfer, transfer to a subsidiary and any other legal or commercial agreement with a third party, would have no effect on the existence or performance of this Agreement.

XVIII- MISCELLANEOUS

18.1 Governing Law and Jurisdiction

This Agreement will be governed by, construed, and enforced in accordance with the laws of France, without reference to conflict of laws principles. The Parties disclaim and exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

IN CASE OF DISPUTE ARISING BETWEEN THE PARTIES, THEY COMMIT TO NEGOTIATE IN ORDER TO FIND AN AMICABLE RESOLUTION RECONCILING THEIR MUTUAL INTERESTS.

IN THE EVENT THAT NO COMMON GROUND HAS BEEN FOUND, SUCH DISPUTE RELATING TO THE VALIDITY, CONCLUSION, INTERPRETATION, ENFORCEMENT OR TERMINATION OF THIS AGREEMENT AND ITS AFTERMATH SHALL BE SUBMITTED TO THE COMPETENT TRIBUNAL OF MONTPELLIER HAVING THE EXCLUSIVE JURISDICTION, EVEN IN THE EVENT OF SUMMARY JUDGMENTS, NOTWITHSTANDING IN CASE OF INTRODUCTION OF THIRD PARTIES OR MULTIPLE DEFENDANTS.

18.2 Publicity

The Customer acknowledges and accepts that IoTerop may list the name of its company, its logo and the description of its activity as a reference for canvassing and promotional purposes, both internally and externally, by any means, and notably within any communication services to the public by paper or electronic means, and notably on its website.

18.3 Independent Contractors

The Parties are independent contractors under this Agreement, and nothing herein shall be construed to create an agency relationship between the Parties hereto. Neither Party shall have authority to enter into agreements of any kind on behalf of the other Party. Further, neither Party shall have the power or authority to bind or obligate the other Party in any manner towards any third party.

18.4 Binding Effect

This Agreement will be binding upon and inure to the benefit of the Parties, their successors, and permitted assigns.

18.5 Amendments

No modification of, or amendment to, this Agreement will be effective unless in writing and agreed upon by an authorized representative of each Party.

18.6 Severability

In case any provision whatsoever of the Agreement is deemed void, this provision shall not apply but the other provisions of the Agreement shall remain into force.

The Parties will do their best efforts to negotiate in good faith and in due time any potential modifications of the Agreement that may be necessary, particularly pursuant to mandatory legal or regulatory provisions or the binding decision of a Court.

In any case, notably where mandatory provisions apply, the purpose and the useful effect of the Agreement shall be taken into account as far as possible.

18.7 Non-waiver

Failure by either Party to enforce any right pursuant to the Agreement shall not be construed as the waiver of such right and shall not affect that Party's right to later enforce it.

18.8 Headings

The titles and section headings used in this Agreement are for ease of reference only and will not be used in the interpretation or construction of this Agreement. No rule of construction resolving any ambiguity in favor of the non-drafting Party will be applied.

The word “including” is illustrative rather than exclusive and means “including, without limitation.”

18.9 Entire Agreement

This Agreement, including all its schedules and addendums, if any, sets forth the entire agreement and understanding between the Parties regards its subject matter and supersedes all prior and contemporaneous communications, representations, discussions, and agreements between the Parties with respect to such subject matter.

18.10 Official domicile

For the purpose of this Agreement, the Parties take up residence in their respective domicile or registered office as indicated in the Customer’s subscription and in the headings hereto regarding IoTerop.

Any modification shall be notified to the other Party in writing.

18.11 Notices

Unless otherwise specified in this Agreement, any notice or other communication required or permitted under this Agreement shall be delivered by hand against a receipt signed and dated by the addressee or sent by registered mail with acknowledgement of receipt, and shall be deemed to have been received on the date mentioned on the receipt by the addressee, for hand delivery; or on the date of first presentation of the registered mail with acknowledgement of receipt.

Notwithstanding the foregoing, operational or routine communications that are made by facsimile or e-mail will not require confirmation by mail.

IoTerop Alaska is a Device Management Services providing:

• Provision, Deprovision, and Lifecycle management operations.
• Manage Customer’s Device resources:
  • Collecting data and creating flows for alerts/notifications/actions.
  • Manage security credentials and enforce secure communications.
• Diagnostics, logging, troubleshooting and fixing Customer’s Device:
  • Device resource operations.
  • Audit & platform connectivity logs.
  • Remote configuration and actions.
  • Software and firmware updates.

At the Device level, the Customer shall implement the following protocol to connect to the Device Management Services:

• LwM2M v1.0, or v1.1 over TLS or DTLS.

ALASKA will not be accountable for any problem arising from Customer’s Device connectivity to Internet.

At the other end, it is up to Customer to implement the documented ALASKA REST API to get the data and manage the fleet of Devices.

The Customer represents and warrants that it has an active and valid license for its Data Analytics Application and that the Device Management Services can connect to its Data Analytics Application.

Definitions

“Claim” means the Customer’s claim relating to Downtime submitted in the conditions set forth hereinafter.

"Deployment Minutes" is the total number of minutes that a given IoTerop Device Management Services has been deployed in the Device Management Services during a billing month.

"Downtime" is the total number of minutes within Maximum Available Minutes during which the Device Management Services are unavailable, excluding downtime resulting from:

(a) scheduled maintenance,

(b) force majeure events,

(c) issues associated with the Customer’s Devices, network connections, or

(d) acts or omissions of the Customer or the End Users.

A minute is considered unavailable for a given IoTerop Device Management Services Cloud Instance if all continuous attempts to send or receive content or process operations on the Device Management Services throughout the minute either return an error code or do not result in a success code (such as an HTTP status code in the 2xx range) within five minutes.

"Maximum Available Minutes" is the sum of all Deployment Minutes across all IoTerop Device Management Services Cloud Instances deployed in a given Device Management Services subscription during a billing month.

Terms

Monthly uptime percentage

IoTerop guarantees a monthly uptime percentage of the Device Management Services of at least 99.9%.

The monthly uptime percentage is calculated using the following formula:

Monthly Uptime % = (Maximum Available Minutes - Downtime) / Maximum Available Minutes X 100

If IoTerop fails to meet this monthly uptime percentage commitment, the Customer may send a Claim to IoTerop according to the following conditions.

Claims

In order for IoTerop to consider a Claim, the Customer must submit the Claim to customer support at IoTerop including all information necessary for IoTerop to validate the Claim, including but not limited to:

1. a detailed description of the incident;
2. information regarding the time and duration of the Downtime;
3. the number and location(s) of affected End Users (if applicable); and
4. descriptions of the Customer attempts to resolve the incident at the time of occurrence.

IoTerop must receive the Claim within fifteen (15) days of the end of the billing month in which the Downtime that is the subject of the Claim occurred.

Limitations

This SLA do not apply to any performance or availability issues:

a. Due to factors outside IoTerop’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to IoTerop’s data centers);

b. That result from the use of services, hardware, or software not provided by IoTerop;

c. Caused by the Customer’s or the End User’s use of the Device Management Services contrary to IoTerop’s instructions;

d. During or with respect to preview, pre-release, beta or trial versions of the Device Management Services, feature or software (as determined by IoTerop) or to purchases made using IoTerop free trials;

e. That result from the Customer unauthorized action or omission when required, or from its End Users, employees, agents, contractors, or vendors, or anyone gaining access to the Device Management Services by means of the Customer’s Credentials or equipment, or otherwise resulting from the Customer’s failure to follow appropriate security practices;

f. That result from the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or its use of the Device Management Services in a manner inconsistent with the features and functionality of the Device Management Services (for example, attempts to perform operations that are not supported) or inconsistent with IoTerop’s guidance;

g. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);

h. That result from the Customer’s attempts to perform operations that exceed prescribed quotas or that resulted from suspected abusive behavior;

i. For Device Management Services reserved, but not paid for, at the time of the Downtime.

Definitions

“Error” means any failure of the Device Management Services to provide the functions that are set out in Schedule A of this Agreement.

“Support Request” means the Customer’s technical assistance request including Error and precise description sent to IoTerop in writing.

“Support Contact” means the Customer’s personnel identified to IoTerop in writing who is trained and qualified to act as liaison point with IoTerop in respect of support. IoTerop will not support maintenance requests from other contacts.

“Support Hours” means the following hours, except for bank holidays in France, during which support will be provided by IoTerop: Monday to Friday - from 9am to 6pm Central European Time.

“Support Packs” means the support program options and conditions subscribed by the Customer.

Terms

Support program options and conditions

There are 3 three available support packs:

Intervention procedure

The Customer must subscribe to one of the available Support Packs to get access to the Support Program.

Pending the customer subscribed to Support Packs and has chosen one of the option allowing him to get access to the technical support, the notification of an Error or Support Request must be made by the Customer by sending an email to helpdesk@ioterop.com. The request will then be managed through appropriate ticketing tools.

A dedicated GitLab server is setup for each Customer’s Support Contact in order to manage maintenance and support.

The notification must precisely describe:

1. the Error or Support Request;
2. a method to reproduce the Error;
3. the number and location(s) of affected End Users (if applicable); and
4. the Customer’s attempts to resolve the Error.

The Customer must provide IoTerop with all the elements and information required to facilitate IoTerop’s intervention and, in general, all the elements and information requested from it.

If the Customer does not provide a way to reproduce the Error, IoTerop will not perform appropriate investigations.

Methods of intervention

The Support Request will trigger the appropriate IoTerop’s support team action based on the subscribed to a Support Pack.

IoTerop will use its best efforts to solve Errors in a timely manner but cannot guarantee resolution to the Customer. The Error resolution may include the configuration of the Device Management Services, specific development, or workarounds.

As the case may be, IoTerop may provide Customer with:

1. email support, to help Customer locate and correct the Error;
2. updates, upgrades and patch distribution through the appropriate means to correct Error in the Device Management Services; or
3. remote intervention on the Customer’s equipment.

This remote support can only be performed by IoTerop if the Customer has the technical equipment allowing for remote assistance.

In this case, the Customer shall provide IoTerop with all necessary and appropriate approvals, permissions, rights, access information and necessary remote access to the relevant hosting service and software for the purpose of investigating or rectifying reported Errors.

Response time summary from the Support Request creation

Response time to a Support Request are provided by IoTerop according to Customer’s subscribed Support Pack.

It is specified that the time period is automatically suspended:

• outside Support Hours;
• during the periods during which IoTerop is waiting for information from the Support Contact; and
• in the event of a force majeure event such as network outage, computer bugs, connection problems...

Exclusions from the Support Program

IoTerop reserves the right to refuse to provide support if the Error or Support Request results from:

• a modification of the Device Management Services performed by or for the Customer without IoTerop’s express, specific and prior agreement;
• a defect in the Device Management Services resulting from a third-party application or system implemented by or for the Customer that is not authorized, provided or licensed by IoTerop;
• Insufficient capacity in the Customer's technical environment;
• the Customer’s or the End User’s use of the Device Management Services contrary to IoTerop’s instructions;
• the Customer unauthorized action or omission when required, or from its End Users, employees, agents, contractors, or vendors, or anyone gaining access to the Device Management Services by means of the Customer’s Credentials or equipment, or otherwise resulting from the Customer’s failure to follow appropriate security practices;
• the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or its use of the Device Management Services in a manner inconsistent with the features and functionality of the Device Management Services (for example, attempts to perform operations that are not supported) or inconsistent with IoTerop’s guidance;
• faulty input, instructions, or arguments (for example, requests to access files that do not exist);
• the Customer’s attempts to perform operations that exceed prescribed quotas or that resulted from IoTerop throttling of suspected abusive behavior.

IoTerop also reserves the right to refuse to provide support to the Customer if the fees have not been paid in full by the Customer or if the Customer has chosen a Support Pack option not giving access to the appropriate technical support.

IoTerop uses third party services to run Alaska Device Management Services:

These third-party services are provided to the Customer under the terms and conditions accessible at the following URL: https://aws.amazon.com/fr/activate/terms/

IoTerop is committed to respect and to legally comply with applicable data protection and privacy laws. This privacy policy describes how IoTerop collects and uses the Customer’s representatives, employees, and End Users’ (hereinafter “the Customer”) personal data that may be obtained in the course and for the execution of this Agreement.

1. DATA CONTROLLER

The Customer‘s personal data is processed under the responsibility of IoTerop as identified above.

2. INFORMATION COLLECTION

IoTerop collects the following personal data:

• The Customer’s identification data (such as name, telephone number, email…);
• The Customer’s characteristics (such as occupation, employer company…);
• The Customer’s connection data (login, password, IP address, device information and location).

IoTerop will collect said data when the Customer:

• Interacts with IoTerop;
• Accesses and uses the Device Management Services;
• Carries out transactions with IoTerop;
• Fills in forms;
• Contacts IoTerop’s support team;
• Applies for IoTerop’s newsletter.

All fields marked with an asterisk (*) are mandatory.

The mandatory provision of personal data is a statutory or contractual requirement or is necessary to enter into the Agreement with IoTerop.

The conclusion of the Agreement or the access to the Device Management Services may only be granted if the Customer provides such mandatory information.

By voluntarily providing non mandatory data, the Customer hereby accepts the processing of said data in the conditions and for the purposes set forth herein.

When the Customer provides personal data relating to third parties, it guarantees that it has received the necessary authorizations and consents from the data subject.

THE CUSTOMER HEREBY WARRANTS AND REPRESENTS THAT NEITHER THE DEVICE OPERATIONAL DATA NOR THE CUSTOMER DATA FLOWING THROUGH OR STORED IN THE DEVICE MANAGEMENT SERVICES SHALL INCLUDE ANY PERSONAL DATA.

3. PURPOSES OF PROCESSING

The Customer’s personal data shall be processed for the following purposes:

• To communicate with the Customer regarding the services offered by IoTerop or to answer any request for information from the Customer;
• To submit a quotation;
• To provide Customer support;
• To provide and maintain IoTerop’s services;
• To detect, prevent and address technical issues with the services;
• To invoice the Customer;
• To manage the Customer’s account;
• To send the Customer communication about IoTerop’s activities, events, products…;
• To conduct surveys, research and gather feedback;
• To protect IoTerop’s legal rights and comply with its legal obligations;
• To conduct statistical analytics;
• To enable IoTerop to further develop and improve its services;
• To allow third parties to provide technical, logistical or other functions on behalf of IoTerop;
• To manage requests from the Customer to exercise its rights on its data;
• The recover debts and exercise its legal rights by IoTerop.

Should the Customer’s personal data be processed for any other purpose, IoTerop undertakes to inform the Customer and, where required by law, to obtain its prior consent.

4. LEGAL BASIS

The Customer’s personal data are processed in accordance with the applicable laws, and on the following basis:

• The Customer’s consent which has been freely given, explicit and informed (e.g. in case of a request for information or quotation…);
• The data processing is necessary for the performance of contractual obligations between IoTerop and the Customer;
• The data processing is necessary to pursue legitimate interest of IoTerop (e.g. to conduct statistical analytics, to implement security measures…);
• The data processing is necessary to comply with IoTerop legal or regulatory obligations as imposed by law (e.g. to combat fraud…);
• The data processing is necessary in order to exercise legal rights or claims of IoTerop (e.g. debt recovery, criminal or civil liability claims…).

5. PROFILING

IoTerop does not and shall not involve any type of automated profiling using the Customer’s personal data.

6. TRANSFER OF DATA

IoTerop may transfer the data collected hereunder to its service providers responsible for the maintenance and hosting of its computer system and its services, as well as to the providers responsible for the marketing, sales, legal and accounting services and those responsible for handling the relationship with the Customer, and to any third party services providers, solely for the aforementioned purposes and to the extent necessary for the performance of their obligations.

These recipients may contact the Customer directly using the contact information provided by the Customer.

IoTerop requires these recipients to use the Customer's personal data only to manage the services for which they are responsible and in accordance with the applicable laws and regulations regarding the processing of personal data.

If necessary, the Customer’s personal data may be transferred to third parties authorized by law (in particular in case of an express and motivated request from the legal authorities).

Likewise, if IoTerop is involved in a merger, acquisition, sale of assets or insolvency procedure, it may be required to dispose of or share all or part of its assets, including the Customer’s personal data. In this case, the Customer shall be informed before any transfer of its personal data to a third party.

7. DATA STORAGE

The Customer’s personal data are stored on IoTerop’s servers or the servers of its service providers located within the European Union.

8. DATA SECURITY

IoTerop implements organizational, technical and physical security measures to protect the Customer’s personal data from alteration, destruction and unauthorized access. However, the Customer is informed that the Internet is not a completely secure environment and IoTerop cannot guarantee the security of the Customer’s data transmission or storage through the Internet.

9. RETENTION PERIOD

IoTerop will store the Customer’s personal data for as long as it is necessary for the purposes set out herein, in accordance with the law, ans in any case for the retention period is permitted by law.

10. RIGHTS OF THE DATA SUBJECT

In accordance with the provisions of Regulation no. 2016/679 of April 27, 2016 and the French Law no. 78-17 of January 6, 1978, IoTerop clearly and fully informs the Customer of its rights. For any additional queries, IoTerop’s dedicated service remains available to give all useful information in order to preserve the Customer’s rights.

The Customer has the following rights:

• Right to access its data: the Customer has the right to obtain confirmation as to whether or not its personal data are being processed, to obtain copy of its personal data undergoing processing, to obtain a copy of its data, and to access information regarding the characteristics of the processing carried out by IoTerop on such data;
• Right to request rectification of any inaccurate or incomplete data;
• Right to request erasure of its personal data if they are no longer necessary in relation to the purposes for which they were processed, if the Customer withdraws consent, if the Customer objects to the processing and there are no overriding legitimate grounds for the processing, if the Customer object to the processing of its data for direct marketing purposes;
• Right to restrict the processing of inaccurate data during the time of their verification or if they are solely necessary for the exercise of a legal right;
• Right to data portability to request the transmission to another data controller of any data provided with the Customer’s consent or collected during the conclusion of the Agreement;
• Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the Customer;
• Right to define guidelines on the processing of its data after its death.

The Customer may contact IoTerop at any time to exercise its right:

• By mail to the following address:

  IoTerop

  Mr. Jacques BOURHIS

  CA Center
  621 rue Georges Melies,
  34000 MONTPELLIER, France

• By email to the following address: support@ioterop.com

The Customer shall specify in its request its surname, first names, e-mail address or postal address to which it would like to receive IoTerop’s reply.

For security reasons and in order to avoid any fraudulent request, the Customer’s proof of identity must accompany this request. After processing of the Customer’s exercise of rights, this proof of identity will be destroyed.

In accordance with the law, this request will be answered within one month of receipt.

Finally, the Customer has the right to submit a complaint with the national authority in its State of residence.