PREAMBLE

This document constitutes the “Privacy Policy” of the mobile application “NOX – The Social Alarm Clock” (hereinafter referred to as “NOX”), published by the company LAPSUS. It is part of the contractual documentation governing access to and use of the Application, alongside the Legal Notices, the Terms of use, the General Sales Conditions, the Privacy Policy, the Data Collection Policy, the Illicit Content Reporting and Removal Policy, the Copyright and Intellectual Property Policy, the Advertising and Sponsored Content Policy, the Moderation Policy, the List of Prohibited Content, the Code of Conduct, and the Legal Provisions for the Attention of the Authorities.

The purpose of this "Privacy Policy” is to inform Users of the "NOX – The Social Alarm Clock" Application about how their personal data is collected, used, stored, protected and, where applicable, shared by the Publisher.

In order to preserve the privacy of its Users, the Publisher undertakes to comply with the provisions in force applicable to the protection of personal data, and in particular Regulation (EU) 2016/679 of 27 April 2016, known as the General Data Protection Regulation (GDPR), the French law "Informatique et Libertés" of 6 January 1978 as amended, as well as any other more protective local legislation applicable in the User's country of residence.

This "Privacy Policy" is in compliance with the principles of transparency and fairness as defined by the General Data Protection Regulation (GDPR), and is a direct complement to the "Data Collection Policy".

The User is invited to regularly consult this "Privacy Policy", available at any time from the "Legal Information" sub-menu of the "Settings" menu of the Application or via the website dedicated to NOX's legal information: https://www.nox.app/legal/

USERS ARE STRONGLY ADVISED TO READ THIS "PRIVACY POLICY" CAREFULLY BEFORE USING "NOX".

INTRODUCTION

"NOX – The Social Alarm Clock" is an innovative social network based on the new concept of the personalized alarm clock. The Application allows its Users to create, send, receive and watch short videos – called "nox" – intended to wake up in a fun and interactive way. The principle of "NOX" is to create a new global and intergenerational space for creation and expression that transforms the moment of awakening into a social and entertaining experience.

"NOX" exists solely in the form of a mobile application designed, created, developed and published by the French company LAPSUS, a simplified joint-stock company with a capital of €12,000, whose registered office is located at 10 rue Louis Amiot, 01000 Bourg-en-Bresse, registered with the Bourg-en-Bresse Trade and Companies Register under number 879 161 818, and represented by Mr. Luc NOUGUIER, President of LAPSUS (hereinafter "the Publisher").

The “NOX” application is available for download worldwide as of Monday, April 14, 2025, on the following platforms:

• Apple “App Store”
• Google “Play Store”
• Amazon “Amazon Appstore”
• Samsung “Galaxy Store”
• Huawei “AppGallery”
• Xiaomi “Get Apps”
• Oppo “App Market”
• Vivo “V-Appstore”
• Tencent “Appstore”
• Xiaomi “Mi Store App”
• Aptoide “Aptoide”
• “APKPure”

As part of the operation of the "NOX – The Social Alarm Clock" Application, certain personal data is necessary for the provision of services, the personalization of the user experience, the security of exchanges and the continuous improvement of the platform. This processing is carried out in a proportionate manner, for specified, explicit and legitimate purposes.

This "Privacy Policy" aims to make this processing understandable, to detail the practical modalities, and to remind Users of the rights they have as well as the remedies they can avail themselves of.

The Publisher wishes to ensure that personal data is never used for purposes unrelated to the stated purposes, nor transferred to third parties without legitimate reason or without consent when required. All measures are taken to limit the risks of misappropriation, loss, alteration or unauthorised access to the data processed.

This "Privacy Policy" is intended for all Users of the Application, regardless of their place of residence, and applies throughout the duration of the use of the services, as well as after, within the limits provided for by the regulations.

The Publisher is responsible for the processing of personal data collected in the context of the use of the Application. It does not currently have a Data Protection Officer (DPO), but can be contacted for any questions relating to this Policy at the following address: privacy@nox.app.

1. DEFINITIONS

For the purpose of interpreting this "Privacy Policy", the following terms shall be understood as defined below, whether used in the singular or plural:

Contractual Terms: refers to all legal documents applicable to the use of the Application, including the Legal Notices, Terms of Use, General Sales Conditions, Privacy Policy, Data Collection Policy, Illicit Content Reporting and Removal Policy, the Child Safety Policy, the Copyright and Intellectual Property Policy, the Advertising and Sponsored Content Policy, theModeration Policy,List of Prohibited Content, Code of Conduct, and Legal Provisions for the Attention of the Authorities.

Application: refers to the mobile application "NOX – The Social Alarm Clock," created, developed, and published by the Publisher. The Application is intended to be downloaded and installed on a compatible Device (smartphone or tablet), and allows the use of features offered by the Publisher, such as the creation and reading of "noxs." Subject to compliance with the "Terms of Use" and Legal Notices and any technical requirements, the Application is available on the following download platforms: Apple’s "App Store," Google’s "Play Store," Amazon’s "Amazon Appstore," Samsung’s "Galaxy Store," Huawei Technologies' "Huawei AppGallery," Xiaomi's "Xiaomi Get Apps," Oppo’s "Oppo App Market," AppGallery," Xiaomi's "Xiaomi Get Apps," Oppo’s "Oppo App Market," Vivo's "V-Appstore," Tencent’s "Tencent Appstore," Xiaomi’s "Mi Store App," Aptoide S.A’s "Aptoide," "APKPure." Access to and updates of the Application, as well as any geographical or technical restrictions, may vary depending on the app stores and the applicable policies.

Publisher: refers to the French company LAPSUS, a simplified joint-stock company (SAS) registered with the Bourg-en-Bresse Trade and Companies Register under number 879 161 818, with its registered office located at 10 rue Louis Amiot, Bourg-en-Bresse. The Publisher is legally responsible for the brand and the "NOX – The Social Alarm Clock" Application. The Publisher is responsible for the design, development, publishing, and Publisher is responsible for the design, development, publishing, and availability of the Application, as well as all associated Services. It is also responsible for publishing and maintaining the technical aspects of the Application, including any updates or new features offered to Users.

User: refers to any individual who accesses and uses the Application for private or professional purposes. The User may be a non-professional individual, a consumer as defined by the Consumer Code, or any other person using the Publisher's services. The User may therefore enter into an agreement with the Publisher to acquire content or use features available on the Application, under the conditions defined by the "Terms of Use" of the Application.

Minor: refers to any person under the age of 15. This age corresponds to the minimum required to register on the Application, as set by the Publisher in accordance with applicable legislation, particularly concerning the protection of minors and digital consent, as well as the "Child Safety Policy".

Child: refers to any minor within the scope of the "Child Safety Policy", including those who have accessed the Application in violation of the registration conditions. The rules stated here aim to ensure the safety of children under all circumstances, including in cases of unauthorized or fraudulent access.

Parties: refers collectively to the Publisher of the Application and the User, bound by the acceptance of the applicable contractual documents, including the "Terms of Use", "General Sales Conditions", and "Legal Notices". The Parties acknowledge their mutual commitments, respective responsibilities, and the legal rules governing their relationship in the context of using the Services offered through the Application.

Device: refers to any hardware used by the User to access the Application, download, install, and use its features. This includes, but is not limited to, smartphones, tablets, laptops or desktop computers, and compatible connected objects. The Device must meet the minimum technical requirements set by the Publisher, including operating system, available memory, performance, and connectivity. The User is solely responsible for installing the Application on their own Device, ensuring its compatibility, proper functioning, and security of their digital environment, including regular system updates, the use of antivirus digital environment, including regular system updates, the use of antivirus software, and protection against malware.

Download Platform or Store: refers to any third-party service that allows downloading or updating the Application, such as Apple’s "App Store," Google’s "Play Store," Amazon’s "Amazon Appstore," Samsung’s "Galaxy Store," Huawei Technologies' "Huawei AppGallery," Xiaomi's "Xiaomi Get Apps," Oppo’s "Oppo App Market," Vivo's "V-Appstore," Tencent’s "Tencent Appstore," Xiaomi’s "Mi Store App," Aptoide S.A’s "Aptoide," "APKPure." Appstore," Xiaomi’s "Mi Store App," Aptoide S.A’s "Aptoide," "APKPure." Access to these platforms is subject to the general terms and conditions of each provider, over which the Publisher has no control.

Service: refers to all the features and services offered by the Publisher via the Application, including but not limited to:

• Creation, publishing, sending, and reading of "noxs";
• Programming and triggering alarms to automatically play one or more "nox(s)";
• Creation, publishing, sending, and reading of "dreams";
• Management of a personal profile;
• Visiting other Users' personal profiles;
• Textual, visual, and voice communication with Users via messaging;
• Access to subscription plans such as "NOX Premium", which provides additional features or benefits;
• Any other service or content that the Publisher decides to make available to the User, subject to compliance with the "Terms of Use", "Legal Notices", and applicable laws.

The Service is subject to change or enhancement over time, including through updates, fixes, interface modifications, or the addition of new offers, whether free or paid, without creating any obligation for the Publisher beyond what is specified herein or in specific conditions.

Host: refers to the technical service provider responsible for ensuring the storage, accessibility, and operational maintenance of the Application and its digital content. The Host acts as a technical intermediary in accordance with applicable legislation (notably the LCEN and DSA), without intervening in the hosted content. The Host’s contact information is provided in the "Legal Notices", "Terms of Use", and "Privacy Policy", in accordance with the identification requirements imposed on the Publisher.

User Account: refers to the personal space of each User, accessible after a registration or login process via an identifier (email address, phone number, etc.) and a strictly confidential password. From this space, the User can, among other things:

• Add or modify their profile picture;
• Add or modify up to ten cover photos;
• Add or modify their profile description;
• Add content to their profile ("noxs," "renoxs," dream collection);
• Modify the thumbnails of their created "noxs";
• Pin created "noxs";
• Pin "renoxs";
• Delete content from their profile ("noxs," "renoxs," dream collection);
• Access their list of received notifications;
• Manage their subscription list;
• Access their list of followers;
• Manage their list of friends;
• Modify their name;
• Modify their username;
• Modify the email address for accessing their account;
• Modify the phone number for accessing their account;
• Modify the password for accessing their account;
• Send a request for personal data transmission;
• Subscribe to or unsubscribe from the paid service "NOX Premium";
• Send a request for account certification;
• Manage privacy settings;
• Access their liked "noxs";
• Access their viewed "noxs";
• Access the archives of created "dreams";
• Access the archives of created "noxs";
• Modify the application language;
• Modify the application appearance;
• Manage blocked Users;
• Manage sensitive content settings;
• Access the Application's user guide;
• Access the legal information of the Application;
• Access the social media of the Application and the Publisher;
• Delete their account.

The User Account is personal, non-transferable, and protected by confidential identifiers whose security is the sole responsibility of the User. The User commits to immediately inform the Publisher of any suspicion of fraudulent access or compromise of their account and to comply with the applicable "Terms of Use".

Evolving Features: refers to any new feature, tool, or service added later to the Application, whether experimental, promotional, or permanent, subject to the "Terms of Use" and applicable rights.

Social Features: refers to the tools for interaction between Users within the Application, such as messaging, comments, subscriptions, "likes," shares, and any communication, visibility, or community relationship feature integrated by the Publisher.

Inappropriate Behavior: refers to any behavior or interaction, direct or indirect, contrary to the spirit of the "Code of Conduct", which may harm the well-being of other Users or compromise the overall atmosphere of the Application.

Content: refers to any type of digital content accessible, published, or distributed via the Application, including texts, images, videos, sounds, data, or any other element. Content includes, but is not limited to:

• The "noxs" created by Users, intended for other Users or for their own use, which are videos of a maximum duration of two minutes, intended to wake Users of the Application;
• The thumbnails of "noxs," which are images serving as covers for a "nox." They represent the content of the "nox" and are designed to capture attention at first glance in the Application;
• The "dreams" created by Users, which are photos or videos of a maximum duration of two minutes, intended to stay online in the Application for only 24 hours. "Dreams" allow the User to communicate daily with the community of Users who follow them in the Application;
• Collections of "dreams," which are groups of "dreams" organized into folders, directly accessible from the Users' profiles. Each collection is visually represented by a cover image, designed to evocatively illustrate the theme or common universe of the "dreams" it contains;
• Profile photos;
• Cover photos;
• Profile text descriptions;
• Comments posted in the comment section of a "nox";
• Text messages exchanged in messaging conversations;
• Photos exchanged in messaging conversations;
• Videos exchanged in messaging conversations;
• Voice messages exchanged in messaging conversations;
• GIFs exchanged in messaging conversations;
• Any file or information made available by the Publisher or third parties on the Application, provided it complies with copyright, the "Terms of Use", and applicable legislation.

The User declares and guarantees that they hold all the necessary rights for the publication, distribution, or availability of any Content via the Application, including copyright, image rights, or any other intellectual property rights. They agree to hold harmless and indemnify the Publisher against any claim, action, or damage resulting from a violation of applicable law or third-party rights.

Public Content: refers to any content visible to other Users beyond the creator, including public "noxs," public "dreams," comments, dream collections, or profile elements.

Private Content: refers to any content accessible only to one or more designated Users, such as private "noxs," private "dreams," or private messages.

Classic Content: refers to any content published on the Application that is neither sponsored, sensitive, nor prohibited. It may be public or private, depending on the settings chosen by the User at the time of publication, and remains subject to the present "Terms of Use" and the "Code of Conduct". Classic Content is the standard, unmarked form of content on the Application and carries no special labeling at the time of distribution.

Organic Content: refers to any content spontaneously published by a User or, where applicable, by the Publisher, without financial compensation, promotional intent, or any link to an advertising campaign, communication effort, or commercial partnership. Organic Content does not carry any commercial or promotional tag and is not subject to specific monetization-related processing. It may be public or private depending on the chosen publication settings and remains subject to the "Terms of Use" and the "Code of Conduct".

Sponsored Content: refers to any "nox" or "dream" published by a User on the Application with the "Sponsored Content" tag, activated at the time of publication to indicate that the content is shared for promotional or advertising purposes.This tag is mandatory whenever the content is published in exchange for financial gain, material benefit, or a visibility agreement with a third party, including the Publisher. It ensures transparency toward other Users and automatically displays the visible mention “Sponsored Content” when the content is played or opened.
The use of this tag, as well as the obligations associated with it, are defined in the "Advertising and Sponsored Content Policy", which all Users are contractually bound to.
Sponsored Content is distinct from commercial advertisements shown within the Application and content published as part of a Paid Partnership managed by the Publisher.

Prohibited Content: refers to any content, regardless of format or medium, that violates the "List of Prohibited Content", contravenes the contractual rules applicable to the Application (such as the "Terms of Use", the "Code of Conduct", or the "Moderation Policy"), or breaches applicable laws and regulations, particularly those concerning the protection of minors, public safety, fundamental rights, and intellectual property.
"Prohibited Content" triggers immediate moderation measures, contractual sanctions, or reports to the competent authorities, without the need for prior warning.

Sensitive Content: refers to any content published on the Application with the "Sensitive Content" tag, activated by the User at the time of publication due to its potentially shocking, disturbing, violent, sexual, or emotionally difficult nature. This tag is mandatory for such content to be tolerated on the Application. It is intended to restrict access, warn viewers, and protect Users—especially minors. Content that may offend sensitivities but is tolerated under certain conditions is defined in the "List of Prohibited Content". If published without the "Sensitive Content" tag, such content will be considered non-compliant and may be subject to moderation measures, including permanent and irreversible removal.

Sensitive Content Management Setting: refers to the system integrated into the Application that allows for the display or blocking of sensitive content based on the User’s age and declared preferences. This setting is automatic and non-editable for minors and customizable for adult Users.

Nox: refers to a video with a maximum duration of two minutes, primarily designed to wake a User of the Application in a fun and interactive way.

Renox: refers to a "nox" — a video of no more than two minutes designed to wake a User in a fun and interactive way — that has been republished by a User on their own profile.

Dream: refers to a photo or video that disappears after 24 hours, used to communicate with one’s community of Users.

Alarm: refers to the feature of the Application that allows the User to schedule or receive a "nox" at a specific time, for a personalized, social, and interactive wake-up experience.

Messaging: refers to the communication system integrated into the Application, allowing Users to exchange text messages, voice messages, photos, GIFs, and other files, either in private or group conversations.

Notification: refers to any message or alert sent to the User via the Application or through an external channel (push notification, email, etc.), for the purpose of providing information, reminders, security alerts, or promotional content, in accordance with the User’s communication preferences.

Subscription: refers to a contract concluded between the User and the Publisher, involving the payment of a fee in exchange for prolonged access to certain features, services, or exclusive content on the Application, for a fixed or renewable period.

NOX Premium: refers to the paid monthly subscription plan offered by the Publisher, providing the User with an enhanced experience of the Application, including the removal of unsolicited ads, advanced features, customization options, and exclusive benefits. Sponsored content and paid partnerships remain visible. The details and terms of the offer are defined in the "Terms of Use" and the "General Sales Conditions".

Personal Data or Personal Information: as defined by the General Data Protection Regulation (GDPR – EU 2016/679) and any equivalent or complementary national legislation, refers to any information relating to an identified or identifiable natural person. An “identifiable natural person” is one who can be recognized, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or to one or more specific elements related to their physical, physiological, genetic, psychological, economic, cultural, or social identity.

The processing of such Personal Data, carried out as part of the use of the Application and associated Services, is governed by the “Publisher's Privacy Policy”, available at https://www.nox.app/legal/privacy-policy.
The Publisher undertakes to comply with all applicable regulations concerning the protection of personal data, privacy, and the rights of data subjects.

Consent: refers to the free, informed, specific, and unambiguous expression by which the User agrees, through a clear affirmative action or declaration, to the processing of their personal data for one or more specific purposes.When data is collected through trackers, consent must be obtained before any placement or activation of non-essential trackers, in accordance with applicable regulations and the "Data Collection Policy". Consent can be withdrawn at any time via the Application's settings, without retroactive effect.

Privacy Settings: refers to all options available within the Application that allow the User to personalize how their personal data is managed, how visible their content is, or how exposed they are to certain types of sensitive content.

Data Collection:Data Collection: refers to any operation carried out by the Publisher, its third-party partners, or subcontractors involving the collection of personal or non-personal data related to Users of NOX. This may occur actively (e.g., through user input) or passively (e.g., through trackers or Application features), to ensure the proper functioning, continuous improvement, security, and personalization of the provided services. Data collected may include registration data, published or viewed content, user-defined preferences, technical data related to browsing or Application usage.

Browsing Data: refers to information automatically collected during the use of the Application, related to how the User accesses, uses, and interacts with features or content. This data may include, but is not limited to, the type and model of the Device used, operating system, interface language, session durations pages or content viewed, actions performed, errors encountered, technical performance or log data.
Browsing Data may be used for technical, statistical, analytical, or personalization purposes, in accordance with the "Data Collection Policy".

Advertising Network: refers to any entity, internal or external to the Publisher, responsible for the delivery, management, optimization, or performance measurement of advertising content distributed within the Application. Advertising Networks may use technologies such as trackers, SDKs, or advertising identifiers to adapt, target, or analyze ads. They may act on behalf of the Publisher or third parties, under the terms defined by the "Data Collection Policy" and the "Advertising and Sponsored Content Policy".

Third-Party Partner: refers to any external service provider, technology vendor, or collaborator with whom the Publisher works for the functioning, analysis, optimization, or monetization of the Application, and who may, in that capacity, collect, receive, process, or access User-related data.This includes, in particular partners involved in the deployment or activation of trackers (e.g., Google Ads, Firebase Analytics), those responsible for hosting, audience measurement, performance management, ad distribution, security, or data analysis. The terms governing the relationship between the Publisher and each Third-Party Partner are outlined in the "Data Collection Policy".

Processing: refers to any operation or set of operations performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation, modification, retrieval, consultation, use, disclosure, restriction, deletion, or destruction.

Tracker: refers to any technological device that enables the reading, writing, or collection of information on the User’s Device, either directly or indirectly, from the Application. This includes, but is not limited to cookies, SDKs, web beacons, tags, advertising identifiers (e.g., IDFA, GAID), or any similar mechanism.Trackers may be used for technical, functional, statistical, audience measurement, or advertising purposes, and may require prior User consent depending on their nature, in accordance with the "Data Collection Policy" and applicable regulations.

Essential Functional Trackers: refers to tracking technologies strictly necessary for the technical functioning of the Application or the provision of a service expressly requested by the User. These trackers do not require prior User consent, as they help ensure service security, session management, content synchronization, alarm triggering, proper functioning of essential Application settings.Their use is governed by the "Data Collection Policy" and complies with applicable legal requirements regarding privacy.

Consent-Based Trackers: refers to trackers or similar technologies used for non-essential purposes, including advertising, statistics, personalization, audience measurement, or profiling, which require the User’s free, informed, specific, and unambiguous consent. Consent must be obtained before any data is stored or read on the Device, either during Application installation or via Privacy Settings. The User may withdraw consent at any time, without retroactive effect, in accordance with the "Data Collection Policy".

SDK (Software Development Kit): refers to a third-party software module integrated into the Application, enabling the addition of technical features, interfacing with external services, or collecting behavioral data about Users. SDKs may be used for audience analysis, performance measurement, marketing attribution ad management security, authentication. Some SDKs may include consent-based trackers, especially when they access advertising identifiers or perform profiling. Their use is governed by the "Data Collection Policy".

Tag: refers to a piece of code embedded in the Application, used to trigger a tracking event or record a user interaction, typically for measurement, targeting, or marketing performance purposes. A tag may be used, for example, to track an impression or click, trigger a conversion in an ad campaign, transmit data to an analytics tool or advertising network.

Tracking Pixel or Spy Pixel: refers to a snippet of code or invisible image (usually 1x1 pixel in size) embedded in the Application interface, enabling the tracking of content display, loading, or interaction by the User for analytics, audience measurement, or advertising performance purposes. These pixels may transmit information to third-party tools or advertising networks, particularly for retargeting or conversion campaigns, and are subject to the User's prior consent when involving the processing of personal data.

Advertising Identifier: refers to a unique, resettable identifier assigned by the operating system of the Device (e.g., IDFA on iOS or GAID on Android), allowing the tracking of the User’s advertising preferences and the delivery of personalized or targeted ads. This identifier may be used by the Publisher or third-party partners for performance measurement, retargeting, or behavioral analysis. Its use is subject to the User’s prior consent, in accordance with the "Data Collection Policy" and applicable privacy regulations.

Advertisement: refers to any content displayed within the Application for promotional or commercial purposes, intended to promote a product, service, brand, or entity. Advertising may be delivered by the Publisher, third-party advertising networks, or Users in the context of sponsored content, and may take various forms (banners, interstitials, videos, tagged organic posts, etc.). It is distinct from editorial or personal content by its commercial purpose.

External Advertising: refers to any form of advertising inserted into the Application via a third-party advertising network, such as Google Ads. It may be automatically displayed in the interface (banners, interstitials, videos, etc.), based on distribution settings defined by the network and the User’s preferences. The display of External Advertising is subject to the User’s consent, especially when it involves trackers or advertising identifiers (IDFA, GAID).

Internal Advertising: refers to any advertisement displayed within the Application by the Publisher, either directly or via its own advertising system. It may promote the Publisher’s services, content, or offers, or those of selected partners within the context of promotional agreements. Internal Advertising may appear as visuals, videos, suggestions, notifications, or dedicated placements within the interface. It may be contextual or targeted, depending on the User’s settings and consent when personal data processing is required.

Targeted Advertising: refers to any form of advertisement personalized based on the User’s data, such as browsing behavior, profile, interactions, or preferences. It may be delivered by a third-party network (as part of External Advertising) or by the Publisher (as part of Internal Advertising), subject to the User’s prior consent in accordance with applicable regulations. Activating Targeted Advertising involves the use of advertising identifiers or trackers for profiling purposes.

Paid Partnership: refers to any agreement between the Publisher and a third-party entity resulting in the display of promotional or advertising content within the Application. These contents are published directly by the Publisher in an organic format and are clearly labeled as “Paid Partnership.”This type of content is the sole responsibility of the Publisher and is distinct from Sponsored Content (published by Users) and advertisements delivered by internal or external ad networks. The terms applicable to Paid Partnerships are defined in the "Advertising and Sponsored Content Policy".

Creator: refers to a User who publishes original or creative content on the Application, for which they are either the author or the holder of the necessary distribution rights. The Creator is responsible for ensuring compliance with applicable intellectual property rights and agrees to only publish content that complies with the contractual rules of the Application.

Protected Work: refers to any original intellectual creation expressed in a perceptible form and meeting the conditions for protection under the French Intellectual Property Code. This includes, but is not limited to, literary, artistic, musical, audiovisual, graphic, visual, photographic, software, digital, or multimedia creations.

Intellectual Property: refers to all exclusive rights granted by law to individuals or legal entities over their intellectual, artistic, technical, or commercial creations. This includes copyright and related rights of performers, producers, and publishers; rights over databases; and industrial property rights such as trademarks, designs, models, and patents. These rights give their holders control over the use, reproduction, performance, or distribution of their works, creations, or distinctive signs, in accordance with the provisions of the Intellectual Property Code and applicable international agreements.

License of Use: refers to the authorization granted by a rights holder, allowing the Publisher or a User to use a protected work or content within the limits defined by the agreed conditions. The license may cover various rights (reproduction, representation, adaptation, etc.) and specify the duration, geographic scope, authorized uses, and any applicable restrictions. It does not transfer intellectual property but provides a legal framework for lawful exploitation under applicable provisions.

Licensed Content: refers to music, works, or protected elements made available by the Publisher within the Application, for which a valid license has been obtained. This license allows, under the conditions defined by the Publisher, Users to incorporate such content into their own creations published on the Application. The use of Licensed Content remains subject to compliance with associated rights, any limitations set out in the license, and applicable contractual rules.

Infringement: refers to any use, reproduction, performance, distribution, modification, or adaptation of a protected work without the prior authorization of the rights holder, constituting a violation of their intellectual property rights. Infringement may apply to literary, artistic, musical, audiovisual, software, or any other protected content and may result in civil and criminal liability in accordance with the Intellectual Property Code and applicable laws.

Third Party: refers to any individual or legal entity not party to the contractual relationship between the Publisher and the User, and who is neither acting as the Publisher nor as a User of the Application. A Third Party may, for instance, be a rights holder of published content or be affected by a creation, publication, data processing, or use within the Application without directly participating in it.

Moderation: refers to all actions carried out by the Publisher’s dedicated human moderation team to monitor, assess, classify, process, restrict, or remove content or behavior reported or identified as contrary to the Application’s contractual rules, the law, or the ethical standards defined by the Publisher. Moderation may be reactive (following a report) or proactive (based on internal checks), and aims to ensure a compliant, safe, and respectful environment for all Users.

Report: refers to the feature available to Users that allows them to notify the Publisher, via the Application, of any content, behavior, or profile potentially violating the present contractual policies, applicable laws, or the rights or safety of an individual— particularly a child. A report may trigger a priority review by the human moderation team, in accordance with procedures outlined in the "Moderation Policy" and the "Child Safety Policy".

Report Category: refers to the descriptive category selected by the User when submitting a report, used to classify the presumed nature of the violation (e.g., hate speech, harassment, identity theft, inappropriate content, child endangerment, etc.). The Report Category guides how the moderation team processes the report and may, in some cases, automatically trigger the display of specific forms adapted to the severity or nature of the content in question.

Content Author: refers to the User who originally published, shared, or made content available on the Application, including content that becomes the subject of a report. The Content Author is legally responsible for complying with contractual rules, applicable rights, and legal obligations related to that content.

Complainant: refers to the User who initiated a report by notifying the Publisher of content, behavior, or a profile they believe violates the contractual rules or violates the contractual rules or applicable law. The identity of the Complainant remains strictly confidential and is never disclosed to the Content Author, unless required by law or judicial order.

Sanction: refers to any action taken by the Publisher against content, behavior, or a User that violates the contractual rules, current legislation, or the standards defined by the Publisher. Sanctions may include, but are not limited to: reclassification or removal of content; temporary or permanent restriction of functionalities, suspension or deletion of the user’s account, reporting to competent authorities in the case of serious misconduct or suspected criminal offense. The application of sanctions is at the sole discretion of the Publisher, in accordance with its "Moderation Policy".

Competent Authorities: refers to all judicial, administrative, law enforcement, or institutional authorities legally empowered to receive, process, or request information, reports, or evidence related to the protection of minors, the prevention of criminal acts, the fight against illicit content, and the suppression of dangerous behavior. This includes, but is not limited to, police or gendarmerie services, judicial authorities, independent authorities (such as regulatory agencies), any entity legally designated for this purpose under applicable law.

Legal Notices: refers to the document prepared in accordance with current French and European legislation intended to inform the User of key aspects related to the use of the service. It outlines the identification details of the Publisher, hosting information, intellectual property rights, data processing terms, and legal responsibilities of both the User and the Publisher, particularly under the French Law for Confidence in the Digital Economy (LCEN), the General Data Protection Regulation (GDPR), and the Digital Services Act (DSA). This document is available at the following address: https://www.nox.app/legal/legal-notice.

Terms of Use (CGU): refers to the contractual document governing the conditions of access, use, and operation of the Application, as well as the respective rights and obligations of the Publisher and the User. This document specifically defines the rules of User behavior, the conditions for content publication, the liability limits of each Party, the moderation procedures implemented, and the applicable sanctions in the event of a breach. The "Terms of Use" constitute a legally binding contract that must be accepted in order to access the services offered through the Application. This document is available at the following address: https://www.nox.app/legal/terms-of-use

General Sales Conditions (CGV): refers to the contractual document governing commercial relations between the Publisher and the User in the context of paid offers proposed on the Application. The "General Sales Conditions" detail subscription conditions, payment terms, commitment periods, cancellation procedures, as well as applicable rights regarding withdrawal or refund. They are legally binding for any individual subscribing to a paid service on the Application. This document is available at the following address: https://www.nox.app/legal/terms-of-sale

Privacy Policy: refers to the document outlining the Publisher’s commitments regarding the protection of personal data processed in the context of using the Application. It defines the purposes of data processing, legal bases, recipients, retention periods, Users’ rights (access, rectification, deletion, objection, portability, restriction), as well as the contact methods for exercising those rights.
It is directly linked to the "Data Collection Policy", which constitutes a complementary technical component detailing how information is actually collected via the Application. This document is available at the following address: https://www.nox.app/legal/privacy-policy

Data Collection Policy: refers to the document that details the technical modalities for data collection within the Application, whether data is voluntarily entered by the User or collected automatically (identifiers, logs, trackers, SDKs, etc.). It distinguishes the types of data collected, their sources, the tools used, and the contexts of collection.
It serves as the technical extension of the "Privacy Policy", supplementing it by informing Users precisely about how data processing is carried out, in accordance with the GDPR. This document is available at the following address: https://www.nox.app/legal/data-collection-policy

Illicit Content Reporting and Removal Policy: refers to the document that defines the procedure through which Users or any third party can report content that is illegal or contrary to current laws, as well as the methods for handling, removing, notifying, and contesting such reports. This policy is established in compliance with the obligations set out in the LCEN, the Digital Services Act (DSA), and the DMCA. This document is available at the following address: https://www.nox.app/legal/reporting-policy

Child Safety Policy: refers to the document that outlines the specific measures implemented by the Publisher to ensure the protection of minors on the Application. It defines age restrictions, parental control mechanisms, enhanced moderation rules, and the Publisher's commitments to preventing risks related to sensitive content or inappropriate interactions. This document is available at the following address: https://www.nox.app/legal/child-safety-standards-policy

Copyright and Intellectual Property Policy: refers to the document that defines the rules applicable to the use, publication, and protection of content protected by copyright or other intellectual property rights within the Application. It details the Publisher’s rights, the obligations of Users, procedures for reporting infringement, and the conditions for content removal or sanction in the event of a violation. This document is available at the following address: https://www.nox.app/legal/copyright-policy

Advertising and Sponsored Content Policy: refers to the document governing the distribution of advertising, promotional, or sponsored content on the Application. It outlines transparency obligations, rules for identifying sponsored content, legal compliance requirements, applicable restrictions, and the Publisher’s commitments to commercial ethics and User protection. This document is available at the following address: https://www.nox.app/legal/advertising-policy

Moderation Policy: refers to the document describing the principles, criteria, and moderation procedures applied within the Application. It governs the monitoring of published content, removal, suspension or alert actions, and the recourse available to Users. It aims to ensure a respectful, safe, and legally compliant environment. This document is available at the following address: https://www.nox.app/legal/moderation-policy

List of Prohibited Content: refers to the document that provides a non-exhaustive list of content types that are either tolerated or prohibited on the Application, such as violent, hateful, discriminatory, sexual, illegal, or misleading content. This list serves to inform Users of the boundaries not to be crossed and is used as a reference for moderation and sanction actions. This document is available at the following address: https://www.nox.app/legal/prohibited-content

Code of Conduct: refers to the document establishing the behavioral expectations for Users within the Application. It promotes kindness, respect, civility, inclusion, and responsible use of social features. It serves as an ethical guide that complements the legal and contractual obligations outlined in the other policy documents.This document is available at the following address: https://www.nox.app/legal/code-of-conduct

Legal Provisions for the Attention of the Authorities: refers to the reference document established by the Publisher, intended exclusively for administrative, judicial, law enforcement, or regulatory authorities. Its purpose is to structure, formalize, and facilitate legal and technical cooperation with such authorities. This document defines the procedures for communication, reporting, requisition, information sharing, or content removal, in compliance with the applicable legal framework, including the provisions of the LCEN, the GDPR, the Digital Services Act, and the Code of Criminal Procedure. It is available at the following address: https://www.nox.app/legal/provisions-for-authorities

2. PURPOSE AND SCOPE OF THE LEGAL NOTICES

The purpose of this "Privacy Policy" is to inform Users of the "NOX – The Social Alarm Clock" Application about the conditions under which their personal data is collected, processed, used, stored, retained, shared, archived or deleted by the Publisher.

It applies to all processing of personal data carried out in the context of the use of the Application, whether it is necessary to:

• the provision and proper functioning of the services offered;
• continuous improvement of the user experience;
• infrastructure and content security;
• or compliance with applicable legal and regulatory obligations.

This "Privacy Policy" is intended for all Users, regardless of their country of residence, their registration status (guest or registered), or their age, within the limits provided for by the laws in force. It is drawn up in accordance with the following texts, without this list being exhaustive:

• Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (GDPR);
• French Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and civil liberties;
• Regulation (EU) 2022/2065 of 19 October 2022 on Digital Services Act (DSA);
• And any other more protective national legislation applicable in the User's country of residence.

This "Privacy Policy" is established in accordance with French law, in particular the Law for Confidence in the Digital Economy (LCEN) of 21 June 2004, as well as the Regulation (EU) 2022/2065 on a single market for digital services (Digital Services Act), in force in the European Union.

3. ACCEPTANCE AND ENFORCEABILITY

By accessing the Application, each User is deemed to have read this "Privacy Policy" and to have accepted it without reservation. He acknowledges that he has been informed of their mandatory nature and agrees to be bound by all the legal and regulatory provisions they contain.

The acceptance of this "Privacy Policy" constitutes an implicit contractual commitment between the User and the Publisher of the Application (hereinafter referred to together as "the Parties"). It applies in full and entirely to any browsing, interaction, account creation or use of the services offered by the Application.

4. DATA CONTROLLER

The data controller of the personal data collected in the context of the use of the "NOX – The Social Alarm Clock" Application is the company SAS LAPSUS, a simplified joint-stock company with a capital of €12,000, whose registered office is located at 10 rue Louis Amiot, 01000 Bourg-en-Bresse, registered with the Trade and Companies Register of Bourg-en-Bresse under number 879 161 818, and represented by Mr. Luc NOUGUIER, President of LAPSUS.

In this capacity, LAPSUS determines the purposes and means of the processing implemented, in accordance with the applicable regulations, and in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR), French Law No. 78-17 of 6 January 1978 as amended, as well as any more protective national legislation applicable to the User's place of residence.

The Data Controller shall ensure that the processing of personal data carried out in the context of the Application is lawful, fair, proportionate, and limited to the purposes set out in this Policy.

To date, LAPSUS has not appointed a Data Protection Officer (DPO). Any questions relating to this "Privacy Policy" or the exercise of Users' rights may nevertheless be addressed to the Publisher via the following point of contact:

Email address dedicated to the protection of personal data: privacy@nox.app

Any request received through this means is treated with diligence and confidentiality. The Publisher reserves the right to request proof of identity in case of reasonable doubt about the identity of the requester, in order to guarantee the security of personal data.

5. SUBCONTRACTORS, SERVICE PROVIDERS AND PARTNERS

As part of the operation and proper functioning of the "NOX – The Social Alarm Clock" Application, the Publisher may use external technical or commercial service providers to carry out certain data processing on its behalf, under the conditions provided for in Article 28 of Regulation (EU) 2016/679 (GDPR).

These entities act as subcontractors, providers of technical services (hosting, security, maintenance, audience measurement, notification, database management, advertising), or partners (in particular for the provision of third-party advertising services or payment methods via the stores).

The subcontractors only act on the documented instructions of the Publisher, and are contractually obligated:

• to guarantee the confidentiality, integrity and security of the data processed;
• to use the data only for the purposes defined by the Publisher;
• to implement all the protective measures required by the legislation in force;
• and, where appropriate, to provide sufficient safeguards for international data transfers.

The updated list of the main processors or service providers involved in the processing of personal data may be communicated to any User upon written request addressed to: privacy@nox.app. This is accessible in the "Data Collection Policy".

When partners act as independent data controllers (in particular advertising networks or in-app payment operators), their own privacy policies apply, and it is the User's responsibility to consult them directly from the interface concerned.

6. APPLICABLE LEGAL FRAMEWORK

The processing of personal data carried out in the context of the use of the "NOX – The Social Alarm Clock" Application is governed by the legislation in force on data protection, in particular:

• Regulation (EU) 2016/679 of 27 April 2016, known as the General Data Protection Regulation (GDPR), applicable to all Users located in the European Economic Area (EEA) or when the Publisher specifically targets persons residing in this area;
• French Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, as national legislation applicable to the Publisher as a company established in France;
• Regulation (EU) 2022/2065 of 19 October 2022, known as the Digital Services Act (DSA), in particular with regard to content moderation and transparency obligations;
• And, in addition, any more protective national legislation applicable in the User's country of residence, insofar as this legislation imposes higher standards of protection.

The Publisher undertakes to comply with all the obligations arising from these texts, and to adapt its practices in the event of significant legislative or regulatory changes. In the event that a local provision is in contradiction with any of the principles set out in this "Privacy Policy", the most protective rule for the User shall prevail, in accordance with the general principles of international law applicable to data protection.

7. DATA COLLECTED

In the context of the use of the "NOX – The Social Alarm Clock" Application, the Publisher may be required to collect different categories of personal data, either directly from the User, or automatically when using the Application.

8. PURPOSE OF DATA PROCESSING

The personal data collected in the context of the use of the "NOX – The Social Alarm Clock" Application are subject to strictly regulated processing, based on specific, explicit and legitimate purposes. The purpose of the data collected by the Publisher is to enable the proper functioning, personalization, security and continuous improvement of the Application. The Publisher undertakes never to process the data for purposes incompatible with those set out below.

The main purposes of data processing are as follows:

Each purpose described above has an appropriate legal basis, as specified in the next section. No data is processed for purposes that are incompatible with these objectives.

9. LEGAL BASIS FOR PROCESSING

Each processing of personal data carried out in the context of the use of the "NOX – The Social Alarm Clock" Application is based on a legal basis defined by Regulation (EU) 2016/679 of 27 April 2016 (GDPR). No data is collected or used without an explicit legal basis.

The legal bases applicable to the various processing operations are as follows:

10. SPECIAL CASES OF DATA PROCESSING

Some processing carried out in the context of the use of the "NOX – The Social Alarm Clock" Application relates to specific data or uses, likely to present specific issues in terms of confidentiality, security or regulations. The Publisher applies reinforced guarantees to these situations, detailed below.

11. DATA RETENTION PERIODS

Personal data collected in the context of the use of the "NOX – The Social Alarm Clock" Application are only kept for a period strictly necessary for the purposes for which they are processed. These periods are set according to the nature of the data, the purpose of the processing, the applicable legal obligations, and the legitimate interests of the Publisher.

The Publisher applies the principles of retention limitation, data minimization and archive security.

12. DATA ACCESS AND SHARING

The Publisher undertakes to ensure that the personal data collected in the context of the use of the "NOX – The Social Alarm Clock" Application is only accessible and shared with duly authorised recipients, under the conditions and for the purposes set out in this "Privacy Policy".

13. DATA SECURITY

The Publisher implements a rigorous IT security policy in order to guarantee the integrity, confidentiality and availability of personal data processed in the context of the "NOX – The Social Alarm Clock" Application.

The technical and organisational security measures put in place are adapted to the nature of the data processed and the risks that their processing may generate.

14. HOSTING AND DATA TRANSFER

The personal data processed in the context of the "NOX – The Social Alarm Clock" Application is hosted on cloud infrastructures provided by a trusted service provider, guaranteeing a high level of security, availability and redundancy.

15. USER RIGHTS

In accordance with the General Data Protection Regulation (GDPR) and the applicable legislation on the protection of personal data, each User of the "NOX – The Social Alarm Clock" Application benefits from a set of rights aimed at guaranteeing control over their personal data.

16. REMEDIES AND COMPLAINTS

The Publisher attaches particular importance to respecting the rights of Users and the protection of their personal data. In the event of difficulty, the User is invited to contact the Publisher as a priority in order to seek an amicable solution.

17. COMING INTO FORCE AND ACCESSIBILITY OF THE POLICY

This section specifies the date of entry into force of this "Privacy Policy", the conditions for its enforceability against Users, as well as the terms and conditions for consulting it at any time. It aims to ensure transparency and permanent accessibility of the behavioural commitments expected on NOX.

18. POLICY EVOLUTION AND UPDATES

This "Privacy Policy" is a living document, subject to modification to adapt to changes in the Application, the community, security standards and the applicable legal framework.

19. APPLICABLE LAW AND JURISDICTION

This "Privacy Policy" is governed, interpreted and applied in accordance with French law, subject to the application of the mandatory rules provided for by European Union law or by any other more protective local law applicable to the User in his country of residence.

In the event of a dispute relating to the interpretation, validity, execution or termination of these Terms and Conditions, or to the use of the Application, the competent courts shall be those within the jurisdiction of the Publisher's registered office, unless otherwise required by mandatory legal provision, in particular with regard to consumer protection.

The User is informed that, in accordance with Articles L.611-1 et seq. of the Consumer Code, he or she has the possibility of having recourse free of charge to a consumer mediator, with a view to the amicable resolution of any dispute that may arise between him or her and the Publisher.

The consumer mediator proposed by the Publisher is MEDICYS, whose website is accessible at the address: MEDICYS, 73 boulevard de Clichy, 75009 Paris, 01 49 70 15 93; E-mail: contact@medicys.fr; Web: https://www.cc-mediateurconso-bfc.fr

Nothing herein shall limit the mandatory legal rights of the User under the applicable legislation in his country of residence.