Terms of service

TERMS AND CONDITIONS - FABLI.CO

These General Conditions of Sale and Use (hereinafter “GCS/GCU”) govern all transactions carried out on the fabli.co site (hereinafter “the Site”) and the use of products and content offered by Fabli Inc., a company registered in Canada and operating in the United States and Europe.

By placing an order on the Site or by using the Fabli player and its digital content, you accept these General Terms and Conditions without reservation.

PART 1 – GENERAL CONDITIONS OF SALE (GCS)

By accepting these General Terms and Conditions, you declare that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependent on you to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not, under any circumstances, transmit any worms, viruses or code of a destructive nature.
Failure to comply with or any violation of any of the terms will result in immediate termination of your Services.

1. Taxes and taxation

1.1 Application des taxes

Fabli Inc. applies sales taxes in force in Canada, in accordance with applicable tax laws. Taxes are calculated and added during checkout based on the customer's province of residence.

1.2 International customers

Customers located outside of Canada may be subject to local taxes, customs duties or import fees, depending on the regulations in force in their country of residence. These costs are the sole responsibility of the customer. It is their responsibility to verify applicable tax obligations before placing an order.

1.3 Billing

An invoice detailing applicable taxes will be provided after validation of the order. For any specific invoicing request (example: intra-community VAT number for European companies), the customer must contact our customer service before issuing the invoice.

2. Guarantee and right of withdrawal

2.1 Fabli Player Guarantee

The Fabli player (“The Fabli”) is covered by a 12-month commercial warranty, covering manufacturing defects in the following components:

  • Battery
  • Electronic card
  • Speaker and sound
  • Pad tactile
  • Plastic parts

Conditions and implementation of the guarantee:

Any request must be made via the Site contact form, accompanied by valid proof of purchase.

Fabli Inc. may offer a repair, part replacement or product exchange.

In Europe, return costs for defective products are the responsibility of Fabli Inc., in accordance with Directive 2011/83/EU.

The warranty does not cover:

  • Normal wear of components.
  • Damage due to misuse, shock, or exposure to water.

Commercial guarantees do not affect your legal rights as a consumer.

2.2 “Satisfied or refunded” guarantee

The customer can return their Fabli player within 30 days of receipt.

The product must be returned in its original packaging, in perfect condition with its accessories. The Fabli must be new, at the factory settings.

The refund will be made within 14 days after receipt of the return.

This warranty does not apply to digital content and gift cards.

Attention: To maintain a fair and sustainable returns policy, Fabli may, in exceptional cases, refuse a new order placed within 30 days of a return request if we believe it may involve an abuse of our terms. This measure is intended to protect our customers as well as the availability of our products.

A withdrawal form compliant with European regulations is available on the Site.

ATTENTION

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

3. Conditions of sale of digital content

3.1 Ownership and use of content

Purchased content is intended for strictly personal and family use.

It can be used on several Fabli players in the same household but cannot be shared outside the household.

Excessive access to content on multiple unlinked devices may result in user account suspension or deletion.

Protection against copying and fraudulent sharing: Fabli Inc. uses digital rights protection (DRM) technologies to prevent unauthorized duplication or distribution of content. Any attempt to circumvent these protections is strictly prohibited and may result in termination of the user account and legal action.

3.2 No right of withdrawal for digital content

In accordance with Directive 2011/83/EU on consumer rights, the purchase of digital content (stories, sounds, interactive games) is final and cannot be refunded, except in the event of a product defect.

Explicit consent required

Before finalizing the purchase of digital content, the customer must expressly accept that downloading or immediate access to the content entails the loss of his right of withdrawal.

The purchase can only be finalized if this box is checked, thus guaranteeing that the consumer's consent has been obtained.

Exception – Defective Content

In the event of a technical problem preventing access or use of the digital content purchased, the customer may contact Fabli Inc. customer service in order to obtain a correction, an exchange or a refund if the failure is proven.

4. Compliance with safety standards and certifications

Fabli Inc. is committed to ensuring that its products meet international safety and quality standards applicable to electronic devices intended for children.

The Fabli player complies with FCC (USA), IC (Canada), CE (EU), ASTM F963-23, EN-71-1, EN71-2, SOR/2011-17 and RoHS regulations and standards. This product meets the requirements of the EN 55014-1:2021 and EN 55014-2:2021 directives for radio equipment.


♻ Recycling: Do not throw away with household waste. Comply with local regulations on the recycling of electronic devices and batteries.

5. Changes to the service and prices

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. Availability, accuracies, limitations of Products or services

Certain products or services may be available exclusively online, on the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our refund policy: https://fabli.co/policies/refund-policy

We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or Service we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue the sale of a product at any time. Any product or Service offer made on this site is void where prohibited.

7. Refusal and complete or partial cancellation of orders

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by merchants, resellers or distributors.

8. Accuracy of billing and account information

You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 PART 2 – GENERAL CONDITIONS OF USE (TERMS OF SERVICES)

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms”), including those additional Terms of Service and policies (“T&Cs”) referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the Website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Each tool or feature added to the current store is also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically to see if it has changed. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Terms of service of the online store

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not, under any circumstances, transmit any worms, viruses or code of a destructive nature.

Failure to comply with or any violation of any of the terms will result in immediate termination of your Services.

2. General conditions of the online store

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are for convenience only and will not have the effect of limiting or otherwise affecting these Terms.

3. Accuracy, Completeness and Punctuality of Information

We are not responsible if the information made available on this site is not accurate, complete or up to date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of the content on this site is done at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

4. Third Party Links

Certain content, products and Services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

5. Comments, feedback, and other user submissions 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, the comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to provide any compensation for any comments, or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for the comments you post and their accuracy. We take no responsibility for comments posted by you or any third party.

6. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

7. Creation and management of the customer account

7.1 Registration and obligations

The user must create an account to access Fabli services.

When registering, you must provide: email address and password.

The user is responsible for the confidentiality of his identifiers.

7.2 Use of the account

An account is personal and cannot be shared.

Any account suspected of abusive sharing may be suspended or deleted.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for lewd or immoral purposes; or (k) for any purpose of interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

8. Obligations of the parties

8.1 Obligations of the user of the Fabli player (“The Fabli”)

  • Use the Fabli player in accordance with its intended use, as described in the user manual and in compliance with the safety notices.
  • Do not share content outside the family home.
  • Do not infringe the rights of third parties.

8.2 Obligations of Fabli Inc.

  • Provide a product that meets quality standards.
  • Provide technical support in the event of a problem.

9. Account management and sanctions

Fabli Inc. reserves the right to suspend or delete a user account in the event of a clear violation of these Terms of Service, in particular in the event of:

  • Fraudulent sharing of content outside the family home.
  • Attempting to circumvent digital rights protections (DRM).
  • Use of the account for illicit activities.
  • Fraudulent or abusive behavior towards customer service.

9.1 Notification and appeal procedure

Before any suspension or permanent deletion, the user will receive a written notification by e-mail explaining the reasons for the decision.

The user will have 10 calendar days from receipt of this notification to:

Contest the decision by sending a written complaint to the internal review department of Fabli Inc. via a dedicated form available on the Site.

Provide explanations or evidence that the alleged violation did not occur or does not warrant permanent suspension.

9.2 Examination of the challenge and final decision

The internal review department will examine the dispute within 10 working days and communicate its final decision to the user.

If the definitive suspension is maintained, the user may request limited access to their purchased content without the possibility of making new purchases.

9.3 Immediate suspension without notice

In cases of proven fraud, piracy or serious infringement of the rights of Fabli Inc., the suspension may be immediate and definitive, without possibility of appeal.

10. Disclaimer of Warranty - Limitation of Liability Related to Services

We do not guarantee that use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including, without limitation, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Fabli, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any product obtained through the Service, or for any other claim relating in any way to your use of the Service or any product, including, but not limited to, any error or omission in content, or any loss or damage of any kind incurred as a result of use of the Service or any content (or product) posted, transmitted or made available through the Service, even if was informed of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Intellectual property rights

Fabli Inc. is the exclusive owner of all intellectual property rights to its products, services and content.

Any unauthorized reproduction or distribution is prohibited.

12. Protection of personal data

Fabli Inc. undertakes to ensure the protection of personal data in accordance with the following legislation:

  • General Data Protection Regulation (GDPR – EU)
  • California Consumer Privacy Act (CCPA – Californie)
  • Canadian legislation on the protection of personal information

12.1 Legal basis for data processing

User data is collected and processed on the following legal bases:

  • Consent: When the user agrees to receive marketing communications or use services requiring personal data.
  • Execution of a contract: For the supply of the products and services purchased.
  • Legal obligation: To meet applicable tax and regulatory requirements.
  • Legitimate interest: To improve our services and guarantee the security of user accounts.

12.2 Subcontractors and data hosting

Fabli Inc. may use third-party providers (hosting providers, payment services, technical support) to process certain data, ensuring that they respect:

  • GDPR for European users
  • CCPA for California Users
  • Canadian data protection obligations
    A Data Processing Agreement (DPA) is available upon request for customers and business partners.

12.3 User Rights

In accordance with current laws, users have the following rights:

  • Right of access: Obtain a copy of the personal data processed.
  • Right of rectification: Request the correction of inaccurate information.
  • Right to erasure: Request the deletion of personal data under certain conditions.
  • Right to restriction of processing: Restrict the use of data in certain circumstances.
  • Right of opposition: Refuse the use of data for certain purposes, in particular marketing.
  • Right to portability: Recover your data in a structured format.
  • Requests can be sent to contact@fabli.co.

12.4 Links to the privacy policy

A detailed privacy policy explaining data collection, use and storage practices is available at: https://fabli.co/policies/privacy-policy

12.5 Deletion of your personal data – Fabli application

We attach great importance to the protection of your personal data. In accordance with current regulations, you have the right to request the deletion of your personal information recorded on the Fabli application.

How to request deletion of your data?

To exercise your right to erasure of your data, please follow the steps below:

  • Send an email to the following address: contact@fabli.co
  • Indicate in the subject of your email: “Request to delete my personal data”
  • Provide the following information in your message:
    • Your full name
    • The email address associated with your account

Processing times

Once we receive your request, we will process it within a maximum of 30 calendar days following receipt of the request. You will receive a confirmation email when your data has been deleted.

Important: Deletion of your data is permanent and will result in loss of access to your account and all information associated with it.

If you have any questions or need assistance, do not hesitate to contact us at contact@fabli.co

13. Security

13.1 Security of identifiers and account access

Users undertake to take all reasonable precautions to preserve the confidentiality of their usernames and passwords. In this regard, they undertake in particular to:

  • Never write or store their credentials in an insecure form.
  • Use their identifiers in a private and secure environment.
  • Do not communicate their identifiers to third parties, in any form whatsoever.

Users are strongly recommended to regularly change their password via their personal space in the “My account” tab. When changing, the chosen password must not be easily guessable (e.g.: date of birth, first name, etc.) and must not be reused for other services.

13.2 Equipment safety and navigation

The user is responsible for securing their IT environment (computer, tablet, smartphone). As such, he undertakes to:

  • Regularly update your software and operating systems.
  • Install and maintain antivirus software and an active firewall.
  • Do not use public or unsecured networks to access Fabli services.
  • Regularly delete cookies and browsing history after using the services.

Fabli Inc. cannot be held responsible for fraudulent access resulting from user negligence in terms of computer security.

13.3 Access to the Site and responsibility of the User

The user acknowledges that access to the internet is their own responsibility and that it is up to them to subscribe to an adequate connection offer from an internet access provider of their choice. Fabli Inc. cannot be held responsible for service interruptions due to failures of the user's internet access.

The user undertakes to:

  • Comply with technical requirements to guarantee smooth and secure access to the site.
  • Log out after each use to avoid unauthorized access to your account.
  • Do not disrupt the proper functioning of the site by using malicious programs or attempting to access protected data.

13.4 Measures taken by Fabli Inc.

Fabli Inc. reserves the right to:

  • Delete or restrict access to any content deemed inappropriate or in violation of these T&Cs.
  • Suspend or close a user account for non-compliance with security rules.
  • Collaborate with the competent authorities in the event of suspicion of illegal activity, in accordance with current legislation.

14. Subcontractors and Data Hosting

Fabli Inc. is committed to guaranteeing security and transparency regarding the hosting and processing of the personal data of its users. We work with several specialized service providers to ensure the proper functioning of our services, in compliance with applicable regulations, including the General Data Protection Regulation (GDPR – EU), the Personal Information Protection and Electronic Documents Act (PIPEDA – Canada), and the California Consumer Privacy Act (CCPA – California, USA).

14.1 Location of data storage

User data is hosted according to the following distribution:

Canada 🇨🇦 :

  • Primary database storage (users, preferences, transactions, accounts).
  • Hosting of servers linked to Fabli’s mobile application and online services.

United States 🇺🇸:

  • Merchant platform and payment services.
  • Marketing and advertising campaign management tools.
  • Customer support services and community platforms.

The data collected is only transferred to countries with an adequate level of protection or subject to standard contractual clauses (SCCs) approved by the European Commission to guarantee secure transfer outside the EU.

14.2 Access to the Data Processing Agreement (DPA)

In accordance with the GDPR, Fabli Inc. provides a Data Processing Agreement (DPA) detailing the obligations and commitments related to the processing of personal data.

📄 The DPA is accessible to any user or partner on request via our customer service or in the appendix below.

 PART 3 – Applicable Rights, Indemnification, Severability, Termination and Updates

1. Attribution of jurisdiction – Applicable law

Fabli Inc. operates in several international markets, and these General Terms and Conditions comply with the legislation applicable in Canada, the United States and Europe.

1.1 Canada

Transactions carried out in Canada are governed by the laws of Quebec, and any dispute will be subject to the exclusive jurisdiction of the courts of Montreal.

1.2 European Union

In accordance with Directive 2011/83/EU on consumer rights, customers residing in the EU can request that the law of their country of residence applies in the event of a dispute. Furthermore, in accordance with the e-commerce directive 2000/31/EC, any transaction carried out by a European consumer is subject to the consumer protection rules of their country of residence. In the event of a dispute, the competent courts will be those of the country of residence of the European consumer.

1.3 United States

Any dispute between Fabli Inc. and a consumer residing in the United States will be governed by the laws of the consumer's state of residence, in accordance with applicable federal and local regulations.

Clause d’arbitrage

Unless specifically prohibited by state law, any dispute arising under these T&Cs will be submitted to binding and confidential arbitration before an independent arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). The arbitrator's decision will be final and binding on both parties.

Exception – Right to public trial

However, some states, including California, New Jersey, and New York, prohibit the imposition of mandatory consumer arbitration. Thus, if the law of the consumer's state of residence allows it, the latter retains the right to bring his dispute before the competent state or federal courts.

Class Action Waiver

To the extent permitted by law, any dispute will be handled on an individual basis, and no class or joint action may be brought against Fabli Inc., unless such restriction is prohibited by applicable local law.

2. Compensation

You agree to indemnify, defend and hold harmless Fabli and our holdings, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party, or arising out of of this violation.

3. Divisible

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

4. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we determine that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may therefore deny you access to our Services (or any part thereof).

5. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.

6. Modifications des GCV/GCU

Fabli Inc. reserves the right to modify these General Terms and Conditions at any time. Customers will be informed via email or on the Site.

 ANNEX / DPA

DATA PROCESSING AGREEMENT (DPA)

BETWEEN

Fabli Inc., a company registered in Canada, whose head office is located at 4658 rue Clark, Montréal, H2T2T4, Québec, Canada (hereinafter referred to as “Fabli”, “Controller” or “We”),

AND

Any person or entity using Fabli’s services and whose personal data is processed (hereinafter “The Client”, “Concerned Person” or “Data Controller”),

Hereinafter together referred to as “the Parties”.

  1. PURPOSE OF THE CONTRACT

This Data Processing Agreement (DPA) governs the collection, processing and protection of personal data in accordance with the General Data Protection Regulation (GDPR – EU), the California Consumer Privacy Act (CCPA – United States), and the Personal Information Protection and Electronic Documents Act (PIPEDA – Canada).

  1. DEFINITIONS

The following terms have the following meaning:

  • “Personal Data”: Any information allowing a natural person to be directly or indirectly identified (e.g.: name, email, IP address, payment data).
  • “Processing”: Any operation carried out on Personal Data (e.g.: collection, storage, consultation, transmission, deletion).
  • “Subcontractor”: Any entity processing Personal Data on behalf of Fabli Inc.
  • “Applicable Regulations”: All laws and regulations relating to the protection of Personal Data, including the GDPR, the CCPA and the PIPEDA.
  1. TYPES OF DATA PROCESSED

Fabli processes the following Personal Data:

  • Identification data: Name, first name, email, password.
  • Transactional data: Purchase history, payment information (via Stripe/PayPal or any other online payment tool).
  • Browsing data: IP address, cookies, connection logs.
  • Customer Support Data: Messages exchanged with support.
  • Marketing data: Preferences and interactions with advertising campaigns (if consent given).
  1. LOCATION AND SUBCONTRACTORS
  • Canada 🇨🇦: Main hosting of databases and online services.
  • United States 🇺🇸: Payment management, marketing platforms and customer support.
  1. OBLIGATIONS OF FABLI INC.

Fabli Inc. undertakes to:

  • Process Personal Data only for the purposes specified in this DPA.
  • Do not sell, rent or share Personal Data to third parties without consent.
  • Guarantee the confidentiality and security of Personal Data.
  • Respect the principles of Privacy by Design & by Default.
  • Notify any data breach within a maximum of 72 hours.
  1. RIGHTS OF PERSONS CONCERNED

Users have the following rights:

  • Right of access: Obtain a copy of their Personal Data.
  • Right of rectification: Correct inaccurate information.
  • Right to erasure: Request deletion of Personal Data.
  • Right to limitation: Temporarily restrict the use of their data.
  • Right of opposition: Refuse the use of their data for certain purposes (e.g. marketing).
  • Right to portability: Recover their data in a structured and reusable format.

📩 Requests can be sent to: contact@fabli.co

  1. SECURITY AND TECHNICAL MEASURES

Fabli Inc. implements the following security measures:

✅ Encryption of data in transit and at rest.

✅ Access to Personal Data strictly limited to authorized employees.

✅ Regular security audit and vulnerability testing.

✅ Secure data backup and disaster recovery plans.

  1. SUBCONTRACTING AND DATA TRANSFER

Fabli may subcontract certain activities to service providers that comply with applicable data protection laws.

🔹 Transfers outside the EU: Fabli uses Standard Contractual Clauses (SCC) validated by the European Commission to guarantee an adequate level of protection.

  1. DATA RETENTION

Personal Data is kept:

  • As long as necessary for the provision of the services.
  • Up to 3 years after the last activity for marketing data.
  • Up to 10 years for accounting documents (tax requirements).

On request, the user can obtain the immediate deletion of his data, unless otherwise required by law.

  1. DATA BREACH NOTIFICATION

In the event of a data breach impacting users, Fabli undertakes to:

🔔 Inform the relevant supervisory authorities within 72 hours.

🔔 Notify affected users with details and actions taken.

  1. MODIFICATIONS TO THE DPA

Fabli Inc. reserves the right to modify this DPA in the event of legal developments. Users will be informed of changes 30 days before they come into effect.

  1. APPLICABLE LAW AND JURISDICTION

This DPA is subject to the laws of Quebec (Canada), the GDPR (EU) and the CCPA (California, United States).

📌 In the event of a dispute, the parties undertake to attempt mediation before any legal action.