These general conditions (hereinafter the “General Conditions”) define the terms of online use of the THE PÉPITEURS application (hereinafter “the Application”) concluded between:

THE PÉPITEURS (hereinafter “THE PÉPITEURS”), a simplified joint-stock company with a share capital of € 2,000.00, registered with the Toulouse Trade and Companies Register under number 904 203 882, with its registered office at ROUTE DE PRÉSERVILLE 31450 ODARS, represented by Mr. Lionel PRADEAU manager, and duly authorized for this purpose.

Firstly,

And

Natural or legal persons (hereinafter “the User”), using the THE PÉPITEURS application (hereinafter “the Application”)

On the other hand,

The User and THE PÉPITEURS taken as a whole, hereinafter the “Parties”.

1. Pre-contractual information

THE PÉPITEURS company publishes an online tipping application.

THE PÉPITEURS provides in particular the aforementioned service through the THE PÉPITEURS Application.

THE PÉPITEURS is also responsible for processing within the meaning of Article 4 of the General Data Protection Regulations.

These General Conditions apply to the exclusion of all other conditions.

2. Definitions

These definitions are used in all the contractual documents defined in article 7:

“Application”: Refers to THE PÉPITEURS online tipping application.

“Content”: Refers to all the publications and information that make up the Application, in particular the general structure, texts, figures, graphs and tables, images, photographs, videos, sounds, links hypertexts, distinctive signs, brands and logos etc.

“E-merchant”: Refers to the e-merchant who has subscribed to the Application and from whom the User has made a purchase.

“Service(s)”: Refers to all of the online services provided by THE PÉPITEURS and to which Users can access from the Application.

“User”: Refers to any person using the Application after making a purchase from an E-merchant.

Any reference to the singular includes the plural and vice versa. Any reference to one gender includes the other gender.

3. Purpose

The General Conditions determine the rights and obligations of the User when using the Application, and the terms of payment of the tip for the benefit of the E-merchant.

4. Acceptance and entry into force

The User declares to have read the following provisions before using the Services. Consequently, the fact of leaving a tip following a purchase at an E-merchant, implies the full and unreserved adherence of the User to these General Conditions.

These General Conditions constitute a contract between THE PÉPITEURS and the User.

In the event that the User does not wish to accept all or part of these General Conditions, he is asked to renounce all use of the Service.

In the event of non-compliance with the terms of these General Conditions, THE PÉPITEURS reserves the right to take any measure likely to protect its interests.

These General Conditions come into force on the date of payment of a tip by the User through the Application.

5. Duration of the contract

These General Conditions are concluded for a fixed period from the start of navigation on the Application by the User, and which ends when the navigation session is closed by the User.

6. Scope

These General Conditions are reserved for Consumer and Professional Users within the meaning of the introductory article of the Consumer Code.

Users not domiciled in the European Union agree that these General Conditions also apply to them.

These General Conditions apply to all Services provided through the Application.

7. Application contract document values

7.1 Perimeter

Legal notices: The legal notices are a declarative legal document taken pursuant to article 6 of the Digital Economy Act.

General Conditions: The General Conditions are the contractual basis between the User on the one hand, and THE PÉPITEURS on the other hand.

Personal Data Policy: The Personal Data Policy has the same contractual value as the General Conditions, established pursuant to Article 3 of the General Data Protection Regulations.

Cookies Policy: The Cookies Policy has the same contractual value as the General Conditions, established pursuant to Article 6 of the General Data Protection Regulations. 

7.2

In the event of contradiction in the clauses of the contractual documents mentioned in article 6.1, the contractual hierarchy below is applied:

- Legal Notices,

- General conditions,

- Personal Data Policy,

- Cookies Policy

7.3 Autonomy of the General Conditions:

These General Conditions are specifically applicable to the User’s purchase from THE PÉPITEURS. These General Conditions have an autonomous contractual value.

8. Description of app services

The User can access the following features on the Application:

. Leave a tip after making a purchase at an E-merchant

. Choose the destination of the tip to leave and the amount from a selection

. Leave a message in the corresponding section when paying the tip

9. Access to the website and services

The Service is accessible to any User with Internet access through a browser of their choice and having made a purchase from an E-merchant.

All costs relating to access to the Service, whether hardware, software or internet access costs, are the sole responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.

10. Order procedure

To access the Service, the User must first have made a purchase from an E-merchant.

A post-payment window will allow the User to choose whether or not to award a tip.

The User has the ability to choose the destination he wishes to attribute to his tip, among the predefined proposals:

. “Team”: allows the attribution of a tip to the members of the E-merchant’s team

. “+ New arrivals”: allows the attribution of a tip to the E-merchant so that he can develop new items, new services or even new features

. “Planet”: allows the attribution of a tip to the E-merchant to encourage him to commit to the planet

. “Social media”: allows the attribution of a tip to the E-merchant so that he can develop his communication

. “Gift”: allows the attribution of a tip to the E-merchant, with no particular destination

11. Price of access to the application

Access to and use of the Application are free, not priced, for the User.

The price of the Services consists in accepting that the User’s personal data be used, and transferred to third parties, by THE PÉPITEURS.

12. Tips - Methods of payment

By default, the amount of tips that can be given is fixed, freely determined by the E-merchant.

Tips are paid using the same means of payment as that used by the User to make his purchase from the E-merchant, namely payment by credit card.

So that the User does not have to provide his bank details a second time to the Application to pay a tip.

13. Withdrawal

In accordance with the provisions of article L221-28 of the Consumer Code, the Service offered by the Application being immediately effective, no right of withdrawal will be granted to the User following the payment of a tip through the App.

14. Warranties

THE PEPITEURS implements all the means at its disposal to make the Application available 24 hours a day, 7 days a week, independently of scheduled maintenance operations, subject to the provisions of this article.

Access to the Application and the Services is provided on an “as is” basis and accessible according to its availability.

15. Responsibilities

15.1 Responsibility of THE PEPITEURS

THE PÉPITEURS cannot give any guarantee of reliability as to all the information and other data contained on the Application, whether provided by THE PÉPITEURS and its partners or by any third party. Therefore the information and data of the Application are provided for information purposes only.

THE PÉPITEURS is responsible for all Content distributed on the Application.

15.2 User Responsibility

The User declares to have the capacity and the necessary authorizations to consult the information and use the Services offered by the Application.

15.3 Moderation

THE PÉPITEURS practices a posteriori and non-systematic moderation of the messages left by the User when leaving a tip.

THE PÉPITEURS is authorized to delete from the Application on its own initiative any message, totally or partially, in particular for the purposes of compliance with third parties, the General Conditions and the proper functioning of the Application.

In particular, the following are subject to moderation:

. Any advertising or promotional link to one or more external websites;

. Contributions of a racist, xenophobic, revisionist or negationist nature;

. Insulting, defamatory, discriminatory remarks, towards a person or a group of people, because of their origin, their membership or their non-membership, real or supposed, to an ethnic group, a nation, or a religion;

. Because of their gender, sexual orientation or disability;

. Insulting, defamatory, discriminatory remarks, infringing privacy, image rights, or the reputation and rights of others; and more generally, any violation of intellectual property rights (in particular with regard to music, videos, animations, games, software, databases, images, sounds and texts), any other property right belonging to a third party or any trade secret belonging to one of these third parties;

. Comments that violate human dignity;

. Incitement to violence, suicide, terrorism and the use, manufacture or distribution of illegal or illicit substances;

. Provocation, apology or incitement to commit crimes or offenses and more particularly crimes against humanity.

This list is not exhaustive.

THE PEPITEURS reserves the right not to transmit certain messages. THE PEPITEURS does not have to justify this decision.

16. Intellectual Property

16.1 General information

THE PÉPITEURS is the owner of all the intellectual property rights relating to both the structure and the Content of the Application.

Failing this, THE PÉPITEURS acknowledges that it holds the required user rights.

These General Conditions do not entail the transfer of any intellectual property right for the benefit of the User.

The User undertakes not to reproduce the Content posted online.

16.2 Ownership of trademarks

THE PÉPITEURS is the owner of the trademark “the pépiteurs” (n° 4806006).

The User is not authorized to reproduce, represent, modify or adapt, partially or totally, for payment or free of charge, the brands present on the Application, without the prior written consent of THE PÉPITEURS.

16.3 Ownership of photographs, drawings, sketches and any protected Content

The photographs, drawings, sketches, and any other Content subject to intellectual property rights constitute a work protected by the French legislation in force on copyright and, in general, on intellectual property. These works are the exclusive property of THE PÉPITEURS.

Any reproduction, representation or adaptation is prohibited without the prior written consent of THE PÉPITEURS.

16.4 PENALTIES

Any unauthorized reproduction of the Content, trademarks, logos, photographs and distinctive signs constitutes an infringement liable to criminal penalties. The offender is liable to civil and criminal penalties and in particular to the penalties provided for in articles L.335-2 and following of the Intellectual Property Code.

17. Processing of personal data and cookies

THE PÉPITEURS is responsible for the processing of personal data implemented for the proper functioning of the Application.

In a logic of respect for the privacy of Users, THE PEPITEURS undertakes that the collection and processing of personal data, carried out on the occasion of the use of the Application, are carried out in accordance with the European Regulation relating to the protection of Personal Data of April 27th 2016 and the Data Protection Act of January 6th 1978 as amended.

This is why the procedures for exercising the User’s rights concerning the processing of personal data collected during the use of the Service are detailed in the Personal Data Policy and in the Cookies Policy, the content of which forms an integral part of these General Conditions.

In addition, THE PÉPITEURS reserves the right to transmit personal data concerning a User in order to comply with a legal obligation, at the request of the police, administrative or judicial authorities and for the application of a court decision or emanating from of an administrative authority.

As part of the payment of a tip by the User, several processing of personal data are implemented.

The data collected as part of the payment of a tip is processed on a contractual basis, by THE PÉPITEURS only, for the sole purpose of managing the payment of tips.

The personal data collected may be communicated to THE PÉPITEURS customer service and to subcontractors to which THE PÉPITEURS may call in the context of the execution of its Services.

THE PÉPITEURS may also transfer personal data to a country outside the European Union. In such cases, THE PÉPITEURS ensures  that the processing implemented respects a level of protection of personal data corresponding to that required by the regulations.

Personal data is kept for a period of five (5) years from the date of payment of the tip, after which time this data is permanently erased except in the event of a new payment of tip by the User.

The User has on this data the rights of access, rectification, erasure, limitation, opposition and portability of this data to a third party service provider if necessary. The User can assert these rights by contacting the following address: contact@thepepiteurs.com. He will have to prove his identity.

In the event of a dispute, the User has the right to appeal to the supervisory authority: the CNIL. All the provisions relating to personal data can be found in the Personal Data Policy accessible here via this link: Personal Data Policy

18. Hypertext links

The Application may contain hypertext links leading to other websites over which THE PEPITEURS has no control.

A verification of the hypertext links is carried out before their implementation on the Application. However, THE PÉPITEURS declines all responsibility for the content of these websites and any updates that may be made to them.

19. Agreement of proof

The User who has accepted these General Conditions accepts that they serve as extrinsic and probative proof of his use of the Services of the Application, in the event of a dispute.

In addition to the legal provisions recognizing the probative value of electronic writing, the User acknowledges the validity and probative force of e-mails, SMS, as well as all electronic recordings kept by THE PÉPITEURS or one of its service providers.

20. Changes to these General Conditions

THE PÉPITEURS reserves the right to adapt or modify these General Conditions at any time. Users must therefore keep themselves informed by regularly consulting these General Conditions from the Application.

Users are free not to access the Services if the modified General Conditions do not suit them.

Any modification will take effect immediately and will only apply to Users using the Services after said modification.

21. Force majeure

THE PEPITEURS undertakes to implement all means to ensure the operation of the Application in the best conditions.

THE PÉPITEURS cannot be held liable if the performance of the Service is delayed or prevented due to a case of force majeure within the meaning of article 1218 of the Civil Code or a fortuitous event, or a third party or external causes.

This also applies if the force majeure event affects the performance of a subcontractor of THE PÉPITEURS.

Force majeure events include, but are not limited to, wars, natural disasters, acts of terrorism, epidemics, quarantines, government actions, labor disputes, fires, power outages, strikes, lockdowns, line outages telecommunications and external attacks against IT systems, which cannot be prevented by reasonable technical and organizational measures based on proven and state-of-the-art methods.

THE PÉPITEURS must, under penalty of not being able to rely on it, inform the User within three (3) working days following the occurrence of the event, justifying its unpredictable, insurmountable and external nature, putting it, according to it, in the impossibility of respecting its obligations, indicating the measures that it intends to take or that it would consider necessary to take when it is unable to do so by itself, as well as the foreseeable duration of the event of force majeure.

22. Miscellaneous Provisions

22.1 Nullity of a clause

If any of the provisions of these General Conditions were declared null or void by application of a law, a regulation or following a final decision of a competent court, it would be deemed unwritten and the other stipulations will retain their force and scope.

22.2 Non-waiver

The waiver of claiming any breach of these General Conditions does not constitute a waiver of claiming any other identical or different subsequent breach.

22.3 Legal Force

A printed version of the General Conditions as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Conditions in the same way and under the same conditions as any other written document and kept in paper format.

23. Applicable law – Jurisdiction

23.1 Complaint

The User who wishes to make a complaint can send it to contact@thepepiteurs.com or by post to THE PÉPITEURS, ROUTE DE PRÉSERVILLE, 31450 ODARS; by indicating his surname, first name, order number, as well as the object of his dispute.

23.2 Applicable law

These General Conditions are subject to French law, to the exclusion of any other law or agreement, regardless of the place of use.

23.3 Competent courts

In the event of a dispute, the User may contact the Service of the e-Commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http ://www.mediateurfevad.fr.

The User can also submit his dispute to the European platform for the settlement of online disputes provided for by Regulation (EU) No 524/2013 of May 21st 2013 on the online settlement of consumer disputes, in particular cross-border, by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

In the absence of an amicable resolution, any dispute that may arise between THE PÉPITEURS and the Users due to the use of the Application will be brought before the courts within the jurisdiction of the Toulouse Court of Appeal.

 

Personal Data Policy

This policy for the use of personal data applies to the THE PÉPITEURS application offered by SAS THE PÉPITEURS, hereinafter “the Application ”.

1. Parties 

1.1

THE PÉPITEURS, a simplified joint-stock company with share capital of €2,000.00, registered with the Toulouse Trade and Companies Register under number 904 203 882, having its registered office at ROUTE DE PRÉSERVILLE 31450 ODARS, represented by Mr. Lionel PRADEAU, manager, and duly authorized for this purpose; hereinafter “THE PÉPITEURS”.

THE PÉPITEURS is responsible for processing within the meaning of Regulation (EU) n°2016/679 General on Data Protection of April 27th 2016, with regard to the collection and processing of Personal Data.

1.2

The User declares to have the capacity and the necessary authorizations to give his consent.

The THE PÉPITEURS application allows you to pay a tip to the E-merchant following a purchase on its website.

2. Definitions 

 These definitions are used throughout the Personal Data Policy : 

 “Application”: Refers to THE PÉPITEURS online tipping application.

“E-merchant”: Refers to the e-merchant who offers the Services of the Application after a purchase made on its website.

“User”: Refers to any person using the Application after a purchase from an E-merchant. 

“Controller”: Means the legal entity which, alone or jointly with others, determines the purposes and means of the processing of personal data. THE PÉPITEURS is the Data Controller. 

“Services”: Refers to all the online services provided by THE PÉPITEURS and which Users can access from the Application. 

3. Purpose

The Personal Data Policy (hereinafter “the Policy”) is taken pursuant to the Data Protection Act No. 78-17 of January 6th 1978 as amended, as well as the law “for confidence in the digital economy” no. ° 2004-575 of June 21st 2004. 

The Policy presents THE PÉPITEURS ’ commitments for the protection of the personal data of the Users of the Application and provides information relating to the procedures for collecting and using the personal data of the Users and the options they have in this regard. 

The Policy is accessible from the post-purchase window of the E-merchant’s website. THE PÉPITEURS invites Users to read it carefully and refer to it regularly.  

The Policy is independent of any other document that may apply within the contractual relationship between THE PÉPITEURS and its customers, in particular its General Conditions. Link : General Conditions of Use

4. Data collected by the controller 

4.1

The Application collects and processes different types of personal data in order to allow Users to benefit from the Services offered under the best conditions and in an optimal manner. 

The personal data collected by THE PÉPITEURS is of a non-technical and technical nature:  

- Non-technical data: Data relating to identity (gender, first name and initials of the family name); contact data (zip code, email address); commercial data (content of the cart, amount of the cart, tip category chosen, order number, message accompanying the tip, etc.); type of device used.  

- Technical data: Identification data (IP address, etc.), financial data (means of payment, etc.). 

The personal data collected by THE PÉPITEURS depends on whether the Service is used or not. 

Mandatory information to be communicated to THE PÉPITEURS for the proper performance of the services is represented by an asterisk. If the User does not provide mandatory information, THE PÉPITEURS will not be able to perform the desired service.

4.2

According to Article 5 of the GDPR, personal data is: 

- Collected for specified, explicit and legitimate purposes, and not further processed in a manner incompatible with these purposes: purpose limitation; 

 - Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed: minimization of data. 

 For each processing operation, THE PÉPITEURS only collects and uses the data that is relevant and necessary for the objective pursued. 

THE PÉPITEURS collects Users ’ personal data on the Application within the E-merchant’s Order form or within the tip window appearing post-purchase. 

5. Persons concerned by the collection of personal data

The category of persons concerned by the collection and processing of personal data by THE PÉPITEURS company are Users who make a purchase on the website of an E-merchant who offers the Services of the Application. 

6. Purpose of the data collected  

THE PÉPITEURS collects and processes personal data strictly within the framework of the intended purposes and according to use in accordance with the legal provisions in force. 

THE PÉPITEURS collects and processes the personal data of Users in order to allow them to benefit from optimal use of the Services offered by the Application as well as to ensure all the necessary security measures during the transmission of data. 

Through the Application, THE PÉPITEURS provides Users with various Services, for which it collects and processes the personal data of its Users.

This data is collected in particular for: 

- The management of tips; 

- Statistical analysis of tips; 

- The management and moderation of messages left following the payment of a tip; 

- The management by the E-merchant of the messages left following the attribution of a tip ; 

- Paid access to statistics and personal data by the E-merchant.  

The User has the right at any time to withdraw his consent given, or to oppose any processing of his personal data collected.

7. Consent 

The legal basis for the processing of personal data is the User ’s consent. In some cases, the processing of the data collected is necessary for the execution of pre-contractual measures. THE PÉPITEURS undertakes, when the applicable regulations in force require it, to obtain the explicit, specific and prior consent of the User,  and/or to allow him to oppose the use of his personal data for certain purposes, and/or to access and/or rectify information about him. 

8. Use and retention of personal data  

8.1 Transfer of data to recipients 

THE PÉPITEURS transfers the statistics associated with the personal data collected to the E-merchant for a fee.

THE PÉPITEURS is likely to communicate the data collected to the duly authorized staff of the internal services of THE PÉPITEURS. 

THE PEPITEURS is likely to communicate the data to the duly authorized staff of its service providers and subcontractors.  

THE PÉPITEURS and its service providers implement strict privacy and personal data protection measures. Personal data is communicated for the sole purpose of achieving the purpose for which it is collected, in accordance with this Personal Data Policy.  

Service providers, acting as subcontractors, have access to Users ’ personal data strictly necessary for the performance of their services but are not authorized to use them for other purposes. 

In accordance with the regulations in force, personal data may be transmitted to the competent authorities upon request. 

THE PÉPITEURS may also transfer personal data to a country outside the European Union. In such cases, THE PÉPITEURS ensures that the processing implemented respects a level of protection of personal data corresponding to the one required by the regulations. 

THE PÉPITEURS ensures that it does not transmit any personal data to partners for any other purposes that do not meet the needs of the purposes indicated in article 6 of this Policy. 

8.2 Data storage and security  

THE PÉPITEURS implements physical, logical, technical and organizational storage and security measures to protect the personal data of Users, in particular through archiving, the implementation of software protection measures and the encryption of personal data, with the aim of guaranteeing the confidentiality, integrity and conservation of the data and preventing unauthorized access. 

The personal data collected and processed is hosted by the service provider hosting Shopify, Google LLC (links). 

In the event of a breach of the data system, THE PÉPITEURS undertakes to notify the competent authorities within the legal period.

9. Shelf life  

 THE PÉPITEURS undertakes to keep the personal data collected only for a legal period and for the purposes provided for the processing of the data.  

The data collected from Users is kept for a maximum period of five (5) years from the end of the commercial relationship. 

The documents and accounting documents are kept for ten (10) years, as accounting proof. 

10. User rights  

The User has a right of access, rectification, erasure, opposition, limitation and portability of the data that has been collected from the Application.  

For this, they must send an e-mail, their full identity, and the right they wish to exercise:  

■ To the e-mail address: contact@thepepiteurs.com    

■ Or at the following mailing address : 

THE PEPITEURS

ROUTE DE PRÉSERVILLE

31450 ODARS 

The User will mention his complete contact details (surname, first name, address, telephone, e-mail address) and specifying the subject of his correspondence. He may be asked to prove his identity. 

Any request to exercise rights, and in particular the right of access, will be processed within the legal period in force (one (1) month). If the User provides incorrect information, THE PÉPITEURS cannot be held liable.  

If the use of the right of access is abusive or requires disproportionate effort, the response to this request may require payment from the person concerned corresponding to the costs incurred. 

However, it is specified that the implementation of the right to erasure of data, the right to oppose the processing of data; the right to limit data processing and/or the right to withdraw consent at any time to data processing may result in the User being unable to access the Service. 

11. Automated Decision Making  

It is indicated that, by means of the personal data collected, there is no automated decision-making within the meaning of the Regulations in force. 

12. Cookie Policy 

To access the Cookies Policy, please click here using this link: Cookies Policy

13. Changes  

THE PÉPITEURS reserves the right to modify or update this Policy for the use of personal data at any time, in particular to comply with any regulatory, jurisprudential, editorial and/or technical developments.  

These changes will be published in this section. 

Users are invited to regularly consult the Policy for the use of personal data and to check whether any changes have been made to it. 

14. Disputes  

In accordance with the applicable regulations, in the event of failure of any amicable attempt concerning the personal data that THE PÉPITEURS collects and processes on its Users, the competent body to assert these rights is the National Commission for Computing and Freedoms (CNIL) in France. For more information, the User can consult the website www.cnil.fr 

This contract is subject to French law. 

The language of this contract is French.  

In the event of a dispute, the French courts will have sole jurisdiction.