Terms and conditions of use

Article 1: Scope - Acceptance of the General Terms and Conditions

The Track-a-poo application (hereinafter referred to as "the Application") is published and operated by INFOSTRATES, a “Société par Actions Simplifiée” (simplified joint stock company), with its registered office at ZAC de la Valentine, 4 Montée du Commandant de Robien, 13011 Marseille, registered with the Marseille Trade and Companies Register under number: B 418 748 125, hereinafter referred to as "the Publisher".

The Application can be used via IOS or ANDROID mobile terminals.

These General Terms and Conditions of Use (hereinafter referred to as the "GTCU") govern, without restriction or reservation, the use of the Application by Users for the purposes of carrying out studies and surveys relating in particular to the health and diet of their pets.

The term "Referring Agency" used in these T&Cs refers to the agency which has recruited the User for the health needs of his/her pet(s) and with which the User has signed an act of "informed consent" in order to participate in the studies accessible via the Application.

The term "User" as used in these T&Cs refers to the natural person contracting with the Publisher in connection with the use of the Application. The User may only use the Application on a strictly personal basis, in order to transmit to the Referring Agency and the Publisher the data required to carry out studies and statistics.

These T&Cs are accessible at any time from the Application and/or the Publisher's website. Where applicable, they shall prevail over any other contradictory document.

By creating an account in accordance with the conditions set out in article 2 below, the User recognises that he is fully aware of these T&Cs and accepts them fully and unreservedly. By creating a User account, the Publisher grants the User a personal, non-transferable, non-exclusive and temporary license to use the Application.

The Publisher reserves the right to modify the T&Cs from time to time in order to adapt them to any changes in the services offered by the Application or to changes in legislation. In the case of a modification to the T&Cs, the User will receive notification by e-mail to the address given in the User Account. The User has a period of fifteen (15) days in which to refuse this modification proposal. If the User refuses to accept the proposed modifications, he will no longer be able to take advantage of the services provided by the Application. Any use of the Application following notification of modifications to the T&Cs automatically implies acceptance by the User of said modifications.

Acceptance of these T&Cs implies express acknowledgement by the User that the information extracted from the Application and its back office, in particular with regard to the initial acceptance of these T&Cs and the notification and acceptance of their successive versions, will be deemed authentic between the Parties and will be fully enforceable against the User.

These T&Cs apply throughout the period of validity of the User account.

In the event that any clause of these T&Cs is declared null, illegal, abusive or inapplicable, this clause will only be deemed unwritten, and the other clauses will continue to have effect, without their validity being called into question.

Article 2: Access to services

The Application can be downloaded via the download link and personal code sent to the User by his Referring Agency, after signing an informed consent form with a view to participating in the studies accessible via the Application. Its functionalities can be accessed by logging into the User Account created by the User's Referring Agency by entering the User's e-mail address. Its functionalities can be accessed by logging into the User Account created by the User's Referring Agency by entering the User's e-mail address. The User Account identifiers are automatically generated when the User Account is created by the Referring Agency. Under no circumstances may the User transfer his login details to a third party for any reason whatsoever. If necessary, the User Account used by a third party to whom the User has transferred his login details will be automatically deleted.

In the event of any change affecting the information sent to the Referring Agency to create the User Account, the User must inform the Referring Agency without delay.

The User is solely and entirely responsible for the use and preservation of his/her login details. It is therefore the exclusive responsibility of the User to remedy any loss or unintentional disclosure of information that could enable a third party to gain knowledge of his login details. In this case, the User must inform the Publisher immediately at the following e-mail address: contact@infostrates.fr. The Publisher will then immediately suspend access and new identification details will be sent to the User by post to the e-mail address entered by the User in his account.

Article 3: Description of services

The purpose of the Application is to enable the User to transmit data relating to his pet's health and diet to his Referring Agency, so as to enable the Referring Agency and its partners, such as laboratories, commercial partners, food manufacturers and technical service providers, to conduct scientific, statistical or commercial studies relating to products or services intended for animals.

In particular, the Application enables the User to:

• Complete questionnaires drawn up by the Agency or its partners;
• Send pictures of your pet's feces;
• To transmit data relating to changes in the digestive health of their pet(s);
• Consult information about the study in which they are taking part;
• To provide feedback on the products or services covered by the studies in which they have participated;
• Receive notifications from their Referring Agency, the Publisher or their partners.
• To contact the Publisher and its Referring Agency via the contact form.

Article 4: Duration

These T&Cs govern the relationship between the Publisher and the User from the moment the User account is created, for an indefinite period.

The Publisher may cancel these T&Cs by giving one (1) month's notice in accordance with the terms and conditions set out in article 10 of these T&Cs.

Article 5: Obligations of the Publisher

The role of the Publisher is limited exclusively to providing the User with access to the Application. The Publisher is in no way responsible for the products and services that are the subject of the studies offered to the User via the Application, which remain the sole responsibility of the User's Referring Agency and/or its partners.

The Application and all the content and data processed through it are hosted on the Publisher's servers, which may, at its discretion, use its own servers or those of its partners.

The Publisher does not guarantee that the Application will be accessible 24 hours a day, 7 days a week, or that the services will be free from defects or errors.

The Publisher reserves the right to interrupt the service in order to carry out technical and maintenance operations on the Application or on the servers that host it without prior notice to Users.

Under no circumstances may the Publisher be held liable for any interruption of all or part of the Application, whatever the cause, duration or frequency of such interruption.

Article 6: Conditions for carrying out studies

In order to guarantee the proper functioning of the Application and the reliability of the studies carried out using the data collected by the User and transmitted to the Referring Veterinarian and the Publisher via the Application, the User agrees to :

• Comply with the terms and conditions of the studies in which they are participating, as communicated by the Referring Agency;
• Inform the Referring Agency, via the Application, of any incident relating to the products or services covered by the surveys;
• Transmit only accurate and honest information and data;
• Refrain from any act of defamation or denigration of the Publisher, the Referring Agency or the products and services covered by the surveys and, more generally, do nothing that may harm the image of the Publisher, the Referring Agency or the products and services covered by the surveys, even after termination of the present Agreement and deletion of the User Account;
• To keep in good condition all equipment entrusted to him in connection with the surveys, and not to use it for any other purpose, and in particular for personal purposes;
• Respect an obligation of discretion and confidentiality with regard to any information, documents and materials to which they may have access during the course of the studies in which they are participating, and refrain from disseminating or disclosing such documents and information to anyone, as well as from extracting, deleting or storing such documents or information, including after termination of these terms and conditions and deletion of the User Account.

Article 7: Personal data

In the course of using the Application, the Publisher may collect and process personal data relating to the User.

The Publisher agrees, with regard to the collection and processing of data, to comply with the applicable laws and regulations, in particular the provisions of Act No. 2004-801 of 6 August 2004 amending Act No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as well as the provisions of General Data Protection Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the "GDPR".

The Publisher acts as data controller within the meaning of the GDPR for personal data relating to the creation of the Account and the use of the Application by the User.

As such, the Publisher agrees in particular to:

• implement all appropriate technical and organizational measures to protect the security and integrity of Users' data, in particular against accidental loss, alteration, unauthorized distribution or access;
• to host the data within the European Union or, failing that, to ensure that the service provider in charge of hosting complies with the standard contractual clauses established by the European Commission, so that the said service provider guarantees a level of security and confidentiality of personal data that complies with the GDPR;
• not to use the data for purposes other than those specified herein;
• not to reveal the data to third parties, whether private or public, natural or legal persons, other than its partners, such as in particular veterinarians, laboratories, commercial partners, food manufacturers and technical service providers, unless ordered to do so by a judicial or administrative authority under the conditions laid down by law;
• notify the competent supervisory authority of any breach of personal data constituting a risk to the User's privacy.

7.1 Categories of data processed - Legal basis for processing

The categories of User personal data processed by the Publisher under these T&Cs are as follows:

• e-mail address
• data relating to the identity of the User's pet, such as its name, general state of health and pictures.

The collection and processing of the aforementioned data is justified by the Publisher's legitimate interest insofar as such data is necessary for the provision of the Application's services.

The data is collected by the Publisher from Users and the Referring Agency.

Users are informed that their data is being processed when they register for services and have the right to object to such processing at a later date, subject to the reservations provided for by the regulations in force, in particular Articles 17 and 21 of the GDPR, in the case of data processing justified by a legitimate interest or by the need to perform a contract.

The Publisher's personal data processing policy can be consulted directly from the application download page on the Stores. Validation of the User Account implies acknowledgement by the User that he has been informed of the conditions for processing his personal data as set out herein, and that he accepts them unreservedly.

7.2 Purpose of processing

Users' personal data collected during registration and use of the Application are processed to enable use of the services offered by the Application, such as in particular the identification of the User and his pet(s) with a view to accessing the studies offered by the Publisher via the Application, and its Referring Agency.

7.3 Data circulation

The Publisher only uses the aforementioned data for its own purposes and those of its partners, such as veterinarians, laboratories, commercial partners, food manufacturers and technical service providers, solely for the purposes set out in Article 7.2.

The User is informed and expressly consents to his data being sent to the categories of recipients referred to in the previous paragraph.

The data will not be used for any other purpose and will not be passed on to third parties other than the aforementioned persons.

The Publisher may, however, use the services of technical service providers to host the Application on shared server infrastructures.

Where applicable, the data referred to in article 7.1 may be accessible to the technical service provider, strictly within the framework of the service provided. In this respect, the Publisher agrees to provide the service provider with the strictest contractual and technical framework, in particular by entering into confidentiality agreements, for access to personal data.

In the event that the Publisher transfers personal data to a foreign country, in particular if the servers hosting the data are located outside the European Union, the Publisher agrees that the contracts entered into with the service providers concerned shall include the standard contractual clauses established by the European Commission to guarantee the security and confidentiality of the data transferred.

7.4 Shelf life

The personal data referred to in article 7.1 is kept for the entire period of validity of the User Account, for the purposes of providing the services. It is then kept for a period of 5 years following deletion of the User Account, for evidential and archiving purposes.

The User is informed that the processed data transmitted to the Publisher's partners or the Referring Veterinarian mentioned in article 7.3 in connection with the use of the services may be stored and processed by them, without any intervention by the Publisher, for a period longer than that provided for in the previous paragraph, in particular in order to meet the legal obligations imposed on them.

7.5 Users' rights

In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of 27 April 2016, Users have an individual right to access, rectify, delete, limit, oppose and port data concerning them.

To exercise these rights, Users must send a request to the Publisher, stating their full name, address and e-mail address, as follows:

• Either by e-mail, to the following address: contact@infostrates.fr
• Or by post to the following address: infostrates, Lot 4 montée du Commandant de Robien, 13011 Marseille.

The Publisher may, if it considers it necessary, verify the User's identity by sending a copy of a valid, signed identity document.

Users also have the right to lodge complaints with the competent supervisory authority concerning the exercise of the aforementioned rights. For Users domiciled in France, the competent supervisory authority is the CNIL.

7.6 Scope of the Privacy Policy

The information provided in article 7 hereof regarding data processing relates solely to the use of the Application, to the exclusion of data processing carried out by the Publisher's partners outside the Application.

Article 8: Intellectual property

The Publisher and any of its partners are the only and exclusive holders of the intellectual and industrial property rights relating to the Application and to the content present on the Application, including but not limited to the classification and presentation of the studies, the texts, questionnaires, articles, tables, diagrams, diagrams, pictures, videos, logos, drawings, models, trademarks and other graphic or written elements that may be consulted via the Application.

The User agrees to assign any and all copyrights in the content transmitted via the Application, and in particular the texts and pictures, for the entire legal term of protection of these rights and for all uses necessary for the normal operation of the Application.

The Publisher grants Users who comply with all the provisions of these T&Cs, without financial consideration and for the entire world, the non-exclusive and non-transferable right to access the services of the Application, for strictly personal and non-commercial use.

The User is granted a simple user licence and is therefore prohibited from downloading, reproducing, altering, modifying and/or printing the works, trademarks, logos, texts, images, sounds, photos, graphic charts, software and, more generally, any information that can be consulted from the Application that may benefit from protection under Intellectual and/or Industrial Property law, for purposes other than strictly personal and private use.

Any extraction, integration, compilation or use for commercial purposes of the information contained in the databases accessible via the Application, as well as any use of robots, data mining systems or other data collection tools is strictly forbidden to Users.

Article 9: Limitation of liability

The Publisher, as a simple intermediary, is in no way responsible for the products and services covered by the surveys carried out via the Application.

The Referring Agency and its partners therefore remain solely liable to the User for all risks and damages of any kind in connection with the surveys conducted via the Application.

The User expressly acknowledges that, as the services offered on the Application are free of charge, in the event that the Publisher is or may be held liable towards the User, the User shall not be entitled to the payment of any sum of money on any grounds whatsoever, and that compensation shall be limited, regardless of the nature and extent of the damage suffered by the User, to the execution of protective measures.

Article 10: Termination

Either of the Parties may cancel this Agreement by giving one (1) month's notice following receipt of a request for cancellation sent to the other Party via the Application or by e-mail.

The Publisher also reserves the right to terminate the User Account of any User who fails to comply with its contractual obligations, including, but not limited to, in the event of:

• failure by the User to comply with these T&Cs ;
• providing false information when creating a User Account;
• acts contrary to the commercial interests of the Publisher and/or its partners;
• infringement of current legislation or regulations.

If the User's account is suspended, the Publisher will send the User a statement of the reasons for this decision at the time the suspension takes effect by e-mail to the address entered by the User in his User Account.

In the event of termination of this Agreement or deletion of the User's Account, the Publisher will send the User a statement of the reasons for such decision by e-mail to the address provided by the User in his User Account at least thirty days before the termination takes effect.

However, the Publisher may terminate this Agreement and/or delete the User's Account without observing the period referred to in the previous paragraph if it :

1. is subject to a legal or regulatory obligation to terminate the provision of all of its online intermediation services to a given User in a manner that does not allow it to comply with this notice period ;
2. can provide proof that the User concerned has repeatedly breached these T&Cs.

Where applicable, the Publisher reserves the right to delete or suspend any new User Accounts opened by the same User, and/or via the same e-mail address and telephone number.

In the event of termination, the User will no longer be able to access the Application and his/her User Account from, depending on the cause of termination: the date of termination or the date on which the period of notice expires.

The Publisher may therefore under no circumstances be held liable if the User is unable to access his/her Documents after the end of the periods mentioned in the previous paragraph.

Article 11: Non-waiver

The Publisher's failure to exercise any of its rights hereunder shall not prevent it from enforcing such rights at a later date and shall not be deemed a waiver of such right or of any of its other rights hereunder.

Article 12: Applicable law - Competent courts

The validity, interpretation and performance of these terms and conditions are governed by French law.

Any question relating to the validity, interpretation, performance or non-performance of these terms and conditions shall be subject to the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or third-party claims, for all types of proceedings.