Terms and Conditions of Sale
ARTICLE 1 - DEFINITIONS
- Buyer: person placing an order for the Product
- Manufacturer: original manufacturer of each Product.
- Contract: firm and final order for a Product placed on the Site by the Buyer, presupposing the Buyer’s approval of these Terms and Conditions of Sale.
- Parties: the Buyer and the Seller Product: item for sale on the Seller’s Site that may be the subject of an order by the Buyer
- Site: refers to the store www.josmose.fr operated by OJA
- Contractual Territory: territorial area limited to Metropolitan France.
- Carrier: shipping company responsible for delivering products purchased on the Site.
- User: person who accesses and browses the Site without making a purchase on the Site, regardless of their status (individual or professional), their location, how they connect to the Site, or the purpose and intent of their access to the Site.
Seller: OJA
ARTICLE 2 - PURPOSE
The purpose of these Terms and Conditions of Sale is the Site operated by the company OJA, which offers for online sale water softeners under its own OJA brand.
These Terms and Conditions of Sale are intended to set out the rights and obligations of the User and the Buyer with respect to the Products sold on the Site, within the framework of a distance selling system.
The contract concluded in accordance with these Terms and Conditions of Sale falls under the regulations governing distance selling, as notably set out in the French Consumer Code, as well as the specific provisions referred to below. These Terms and Conditions of Sale apply to the Users and Buyers of the Site. Express and irrevocable acceptance of these Terms and Conditions of Sale results from:
- For Users: accessing and browsing the Site;
- For Buyers: concluding a Contract on the Site.
Every User and every Buyer acknowledges being fully informed that their agreement to the content of these Terms and Conditions of Sale does not require the handwritten signature of a sales contract.
All Contracts concluded on the Site are expressly subject to these Terms and Conditions of Sale.
These Terms and Conditions of Sale prevail over any other general or specific terms not expressly agreed to by the Seller. The Seller reserves the right to modify these Terms and Conditions of Sale at any time. Such modifications will only apply to sales contracted after the amended Terms and Conditions of Sale are published on the Site.
The Buyer is invited to review the Terms and Conditions of Sale in effect on the day of, and prior to, confirming their order. Should a User or Buyer not wish to accept all or part of these Terms and Conditions, they are asked to refrain from any use of the Site.
The Seller advises every User and every Buyer to save and/or print these Terms and Conditions of Sale for safe and durable storage, allowing them to refer to them at any time during the performance of the contract should the need arise.
ARTICLE 3 - PRODUCT OFFERS
Product offers and prices are only valid as long as they are visible on the site and within the limits of available stock. All prices shown on the Site are in euros, all taxes included, excluding contribution to shipping costs, excluding delivery costs, and excluding any specific banking fees. Delivery costs depend on the option and type of Products chosen by the Buyer, and are specified before the order is confirmed.
The prices shown take into account the VAT applicable on the day the Contract is concluded. Any change in the rate may be passed on to the price of the Products. The price shown at the time the Contract is concluded, i.e. the moment the Buyer clicks to confirm their order, is guaranteed for 20 (twenty) days. In all other cases, the Seller reserves the right to change prices at any time without notice. Should the Buyer plan to export the Product outside of France, the Seller declines any liability in the event the Products do not comply with the legislation of a foreign country. The Buyer will then be considered the importer (or intra-community purchaser) of the Product and undertakes to comply with the legislation of the destination or transit country of the Product. Customs duties, local taxes, import duties, or other government taxes that may be required are the sole responsibility of the Buyer-importer.
In the event of immediate unavailability of the Product, the Buyer will be informed by email as soon as possible and their order will be canceled unless they opt for delivery of the Product within a new timeframe, or, if possible, the immediate delivery of another similar Product of equal value and for an equivalent price.
In the exceptional case where the Buyer’s account has been debited while the item is no longer available and the Buyer does not opt for one of the solutions set out above, they will automatically be refunded as soon as possible and no later than 30 days after payment was made. The Seller may offer vouchers of a value equal to that of the unavailable Product. The Buyer will be free to accept this or to prefer a refund.
ARTICLE 4 - CONFORMITY AND WARRANTIES OF THE PRODUCTS
4-1 Warranty of Conformity
The Seller is liable for any defects of conformity existing at the time of delivery of the Product, as described on the site.
The Seller invites the Buyer to report any defect of conformity as soon as possible upon delivery by contacting customer service, to whom they should provide the following information:
- order number
- last name, first name, and address
- reference of the item(s) to be returned
- reason(s) for the return due to non-conformity
The Seller will provide a reference number and the procedure to follow to ensure optimal handling of merchandise returns.
The photographs of the Products on the Site are as accurate as possible but cannot guarantee a perfect match with the Products, particularly with regard to colors. Users and Buyers therefore release the Seller from any claim on this basis in the event of a non-substantial difference between the Products and their photographic representation on the Site, provided this does not affect the essential qualities of the Products.
In the event of a defect of conformity, the Buyer chooses between a refund of the Product and repair within the following 30 days, or replacement of the Product. However, the Seller may decline to proceed according to the Buyer’s choice if that choice entails a cost manifestly disproportionate compared to the other option, taking into account the value of the Product or the significance of the defect of conformity. The Seller is then required to proceed, unless impossible, according to the option not chosen by the Buyer. If, in the event of a major defect, repair and replacement of the Product are impossible, the Buyer may return the Product and obtain a refund of the price within 30 days. The Buyer acknowledges that the warranty of conformity does not apply in the event of excessive use compared to normal use.
4-2 Other Warranties
• warranty against hidden defects: All Products offered for sale on the Site benefit from the legal warranty against hidden defects provided for in articles 1641 et seq. of the French Civil Code. The Buyer has a legal period of two years from the discovery of the hidden defect to bring a claim before the courts. This defect must render the Product unfit for its intended use, or so significantly reduce that use that the Buyer would not have acquired it, or would only have paid a lower price for it, had they known of the defect. The Seller is not liable for apparent defects in the Products that the Buyer could have identified themselves. The Seller reserves the right to refuse any refund request that is manifestly abusive or submitted outside the prescribed time limits.
• Manufacturer’s warranty: The Manufacturer’s warranty does not prevent the application of the legal warranty. The length of validity may vary depending on the Manufacturer. The Buyer must verify that the warranty is provided upon delivery of the Product. Conditions for the validity of the warranties: The Buyer is aware that these Products are sold for normal consumer use and are not suited to professional use. The Buyer must use the product as a reasonably careful person and ensure proper storage conditions for the Product (heat, humidity, avoidance of overheating, etc.). In the event of failure to comply with the recommendations mentioned above, the Seller will be released from all liability. The burden of proof of compliance with the recommendations rests with the Buyer.
The warranties do not cover:
- damage due to an external cause or to the intervention of a repairer not previously approved by the Seller or the Manufacturer
- normal wear and tear of the Products.
Except in the case of a Product return due to a defect of conformity, the costs and risks related to the return are borne by the Buyer.
The Seller will endeavor to limit the length of time the Product is out of service, which may be attributable to constraints imposed by the Manufacturers.
ARTICLE 5 - THE ORDER
5-1 How to place an order?
- On the website: www.josmose.fr 24/7
- The ordering process implemented on the Site complies with the provisions of article 1369-5 of the French Civil Code, which sets out the terms for concluding contracts in electronic form. This ordering process takes place as follows:
==> The Buyer selects their Product(s) and then confirms their virtual cart after checking its contents
==> The Buyer fills in information relating to their identity and the delivery location, including a phone number for scheduling an appointment.
==> They review the details of their order and the amount to be paid, correct any errors, and then confirm with a "first click"
==> The Buyer reviews and accepts the Terms and Conditions of Sale by checking the box provided for this purpose
==> They choose their payment method and confirm with a "second click," which constitutes irrevocable acceptance of the order form in compliance with these Terms and Conditions of Sale.
==> The Buyer receives a first acknowledgment of receipt confirming their order, then a second email after payment is accepted. Confirmation of payment by the Seller binds both parties to the Contract. The order can only be delivered if it is accurate and complete. The Buyer must verify the accuracy of the information provided for the delivery address. The Seller disclaims all liability if the Buyer has provided an incorrect address, and the costs of reshipping will be borne by the Buyer, including in the event of a data entry error. The Seller reserves the right to refuse an order in whole or in part. The Buyer may obtain the reasons for such refusal upon simple request.
5-2 Payment
The full price is due upon ordering.
Transfer of ownership occurs only after payment of the full price. However, transfer of risk occurs upon receipt of the Product.
The Buyer chooses one of the payment methods offered on the Site, namely: • PAYPAL • Credit card • Bank or postal check (check payable to PLOCEI) • Bank transfer. In the event of payment by check or bank transfer, the order will be processed upon receipt of payment, once it has been collected.
The delivery time then begins to run from the date payment is recorded. Credit card payments are debited immediately. If payment has not reached the Seller’s bank account twenty days after the corresponding order is confirmed, regardless of the payment method used, that order is automatically canceled.
The Seller does not store its customers’ credit card data on its website.
5-3 Seller’s Liability
In the ordering process described above, the Seller is bound only by a best-efforts obligation. Its liability cannot be invoked by the Buyer for damage resulting from the use of the Internet network, such as: - Loss of data; - Intrusion; - Viruses; - Service interruption; - Other problems beyond the Seller’s control.
ARTICLE 6 - DELIVERY
Online sale of the Products is reserved for Buyers residing in Metropolitan France and overseas territories, Belgium, and Switzerland. These products are only delivered within this geographic area (Contractual Territory).
Deliveries to Corsica can be arranged for an additional fee of 37 euros for "Mondial Relay - Home delivery (to your doorstep)" or "Mondial Relay - Home delivery (room of your choice)" deliveries. We deliver at no extra charge to a Mondial Relay Pickup Point (excluding very bulky products such as sofas & armchairs, which are not accepted at Pickup Points).
The Seller bears the risk during transport and up until delivery, subject to the following conditions:
==> The Buyer must have verified that access to the delivery address is suitable, particularly the size of the stairwell and doors in the case of delivery of a large Product. The Buyer will be solely responsible if access to their front door is not possible for the reasons mentioned above.
==> The Buyer or a person authorized to represent them must be present on the date and during the time slot agreed with the Seller or the carrier. If the Buyer is absent and no authorized person has been designated, delivery will not be possible and the costs related to a new delivery will be borne by the Buyer.
The order will be fulfilled approximately 2 days after receipt of the order if the Product is in stock, or after payment is recorded (in the case of payment by check or bank transfer), and no later than twenty days from the day following the day the Customer placed their order. However, in the event of force majeure such as disruption or strikes, particularly affecting postal services or shipping services, flooding, or other events, the Seller’s or Carrier’s liability can in no case be invoked in the event of a delivery delay. Delivery results in the transfer of risk to the Buyer. Therefore, the Buyer is invited to formally record written, significant, and complete reservations on the dated and signed delivery note regarding any damage, packaging defect, or incomplete order they may notice. They are strongly advised to refuse delivery of any package that is damaged or whose contents appear damaged. It is also recommended, without prejudice to the applicable legal warranties, to send their reservations by email to the Buyer as soon as possible (see the warranty of conformity article). The Buyer will be informed of the cost and conditions of delivery before confirming the order.
The Buyer will be informed of the deadline by which the Seller undertakes to deliver the Product.
In the event of unavailability of the Product, it will be delivered as soon as the Product becomes available again. If the delivery date of the item is exceeded by more than 7 days, and except in cases of force majeure, the Buyer may, within 60 days of the indicated delivery date and as long as the Product has not been delivered, either request a refund of their order by registered letter with acknowledgment of receipt, or choose delivery of an item of equal value at an equal or lower price, or opt for vouchers.
Delivery is accompanied by the provision of the user manual and, where applicable, the device’s warranty certificate. In the event of a lost package or delivery delay, the Seller will carry out all useful investigations. The investigation may take several days, as the Seller may be dependent on, in particular, the timeframe imposed by the postal service.
Shipping costs: If delivery to the requested location proves impossible on the day of delivery, the Carrier will propose a nearby delivery point.
In the event of unjustified absence of the Customer and/or impossibility of delivery, a new delivery service may be scheduled for a future round after payment of an amount equal to the original shipping costs. Verification of deliveries: The contents of the packages have undergone a certified inspection prior to dispatch for delivery.
Advice for our customers for a smooth delivery:
In the presence of the carrier:
- 1. Check the number of packages
- 2. Check the apparent condition of the packages
- 3. Make sure the products in the packages are in good condition
- 4. Check that the products match the delivery note and your order
- 5. Confirm that all the services you subscribed to when confirming your order have been carried out (delivery to the floor for "room of your choice" deliveries…)
If the delivery is in order:
· Date it, write your name in capital letters, and sign the delivery note.
If the delivery is not in order
- Explicitly note the problem encountered on the delivery note: Service not performed, damaged packaging, product damaged after unpacking, incomplete product…
- If the merchandise is damaged, refuse delivery, and clearly indicate the reason(s) on the delivery note!
For any question, contact our service: contact@josmose.fr
ARTICLE 7 - RIGHT OF WITHDRAWAL
The Buyer has a period of 14 clear days to exercise their right of withdrawal from the date of receipt of the Product, without justification of reasons and without penalty.
If the right of withdrawal is exercised, the Seller will refund the Buyer the full amount paid as soon as possible and no later than 30 days after the Seller receives the returned product. The refund may be made by any means of payment or, with the Buyer’s agreement, in the form of vouchers for a Product worth less than 500 euros. The refund basis covers the full amount paid. However, the costs of returning the Product are entirely the responsibility of the Buyer.
The Seller may also offer a Product of equivalent quality and price. Products must be returned by mail or by a carrier in their original condition and complete with their original packaging, with a copy of the invoice and sufficient postage. Products that are incomplete, damaged, or soiled by the Buyer, or that have been subject to abnormal use, will not be accepted for return.
To ensure the Product is returned and received under the best conditions and to guard against any risk of loss or damage, the Buyer is advised to contact the Seller’s customer service before returning the Product. A return number will be assigned to the Product and communicated to the Buyer, along with all useful information on the procedure to follow for optimal handling of returns.
ARTICLE 8 - PROCESSING, SECURING, AND PROTECTION OF PERSONAL DATA
8-1 Payment Security
To combat payment fraud, the Site is equipped with encryption technology.
Buyers’ banking data is encrypted and SSL certified. When ordering, the Seller may request a copy of an identity document to verify the accuracy of information regarding the Buyer’s address and identity. For the order and payment analysis system (fraud detection): Information related to your order is subject to automated data processing by Mercanet (BNP Paribas’s secure payment system)
The purpose of this automated data processing is to determine a level of analysis for a transaction and to combat credit card fraud. The occurrence of a payment default due to fraudulent use of a credit card will result in the details related to your order associated with this payment default being recorded in a payment incident file maintained by Mercanet / BNP Paribas.
An anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act (Informatique et Libertés) of January 6, 1978, you have, at any time, a right of access, rectification, and objection with respect to all of your personal data by writing, by mail and proving your identity, to OJA, 31 rue du grand chemin, 59100 Roubaix.
8-2 Document Archiving
The Seller undertakes to ensure the secure archiving, for ten years, of Contracts relating to transactions exceeding 120 euros, in accordance with legal and regulatory obligations. Order forms and invoices will be archived by the Seller on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code. Other documents will be kept for as long as necessary to fulfill the purpose for which personal data was collected.
8-3 Protection of Personal Data
Concluding a Contract on the Site requires the creation of a personal account and therefore the collection of the Buyer’s personal data by the Seller in order to be able to identify them and ensure the delivery of the order and the issuing of invoices. When creating their personal account, the Buyer must provide their last name, first name, postal address, email address, password, and phone number. This information, essential for processing the order, is indicated by an asterisk. Without this information, the order cannot be confirmed by the Seller.
The Buyer’s personal account brings together all the personal data transmitted. The Buyer is responsible for the use of their account and guarantees that, upon registration, they provide personal information that is accurate, not misleading, and capable of allowing their precise identification in the event of a dispute. Failure to provide this information results in the order not being confirmed.
The Seller expressly declares that said data will only be used for managing its Customer-Prospect file. All personal data will be processed confidentially in accordance with the applicable legal provisions on data protection.
In accordance with the amended "Informatique et Libertés" Act of January 6, 1978 and its implementing decrees, the processing of personal data carried out from the Site was the subject of a prior declaration of processing with the French Data Protection Authority (CNIL). Any fanciful or defamatory personal information may result in the closure of the personal account.
The Seller may terminate the Contract automatically and without notice in the event of incorrect information or if a change of address has not been communicated. Only the persons in charge of processing information within the company OJA are recipients of this data. The Buyer declares that they have the legal capacity to contract. A minor Buyer guarantees that they have received authorization from their parents or the person holding parental authority. Buyers are informed that the personal data they communicate to the Seller is necessary for the delivery of the Products and the provision of services by the Seller.
The Seller further undertakes not to disclose its Customers’ personal data to any third party, whether free of charge or for consideration. Pursuant to articles 38 to 40 of Act No. 78-17 of January 6, 1978, as amended by Act No. 2004-801 of August 6, 2004, relating to data processing, files, and civil liberties, Buyers have a right of access, objection, and rectification of data concerning them. These rights may be exercised as follows: - By mail, addressed to Technical Support, at the postal address: Oja Solutions - Acticentre Bâtiment M2, 156 rue des Famards, 59273 Fretin - By email at: contact@josmose.fr
ARTICLE 9 - CONTRACTUAL WARRANTIES
The products sold benefit from the legal warranty against hidden defects provided for in articles 1641 et seq. of the Civil Code, unless otherwise indicated on an item’s product sheet at the time of the transaction,
Repair or exchange under warranty of an item distributed by the Seller in no way changes the original expiration date of the contractual warranty, i.e. the expiration date determined from the item’s invoice date. In all cases, the Seller’s liability covers only the replacement or repair of the defective part or equipment, and no additional compensation or damages of any kind may be claimed.
Damage originating from a cause external to the item itself is excluded from the scope of the warranty. This includes, in particular, impacts, fires, lightning, frost, floods, natural disasters, etc. Also excluded from the scope of the warranty is damage resulting from abnormal use of the item, as described in the user manual provided with the item. In all cases, the cost of return shipping for an item remains exclusively the responsibility of the Buyer. This paragraph does not prevent the application of the legal warranty against hidden defects, as set out in articles 1641 et seq. of the Civil Code.
ARTICLE 10 - RETENTION OF TITLE
In accordance with legal provisions, the Seller owns the merchandise until the full price corresponding to that merchandise has actually been paid. In the event of non-payment, even partial, and without prejudice to its other rights, the Seller may therefore obtain the return of the merchandise by simple registered letter, at the Buyer’s expense. Even though the purchaser is not the owner, they will bear the risks and damages that the equipment may suffer or cause from the moment they have received that equipment.
ARTICLE 11 - LIABILITY
The Seller’s activity is limited to sales, excluding any installation or assembly work. The Seller performs its services within the framework of a best-efforts obligation. All items distributed by the Seller comply with French legislation and the standards applicable within French territory. The Seller cannot be held liable for failure to comply with the contract if the cause of non-performance results from a case of force majeure or unavailability of the product.
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements of the Site are and remain the exclusive intellectual property of the Seller.
Users and Buyers are not authorized to reproduce, exploit, distribute, or use in any way whatsoever, even partially, elements of the Site, whether software, written, visual, or audio. Copyright: The text, images, drawings, and layout, as well as the graphic design of the Site, are protected by intellectual property law. It is forbidden to copy, extract, exploit, distribute, or use the content of the Site in any way whatsoever, even partially.
Downloading and printing text, images, and graphic elements is authorized for private and non-commercial use only. The reproduction of drawings, images, audio files, video sequences, and text in other electronic or printed publications requires the Seller’s prior written consent. Failure to obtain authorization is punishable as the offense of counterfeiting. Trademarks: The trademarks and logos appearing on the sites are registered and protected trademarks.
Any total or partial reproduction of these trademarks and/or logos, made from elements of the site without the express authorization of the Seller, constitutes an act of counterfeiting punishable under the provisions of the French Intellectual Property Code. Databases: The databases established by the Seller are protected by copyright as well as by the Act of July 1, 1998 transposing into the Intellectual Property Code the European directive of March 11, 1996 on the legal protection of databases. Any extraction may only be limited and carried out for private purposes. Hyperlinks: Any simple link or hyperlink is strictly prohibited unless expressly agreed to in writing by the Seller.
ARTICLE 13 - COOKIES
In order to better serve Users and Buyers, the Seller measures the number of pages viewed, the number of visits, as well as activity on the Site, and the frequency of return visits.
For this purpose, the Seller uses "cookie" technology. These cookies store information relating to the browsing of Users and Buyers on the Site (the pages viewed, the date and time of the visit, etc.).
The Seller may read this information during subsequent visits. These cookies do not allow the Seller to identify Users and Buyers. The Customer may object to the storage of cookies by configuring their browser as follows:
Users and Buyers may object to the storage of cookies, or be notified before accepting cookies, by configuring their computer as follows:
For Microsoft Internet Explorer: 1. select the "Tools" menu, then "Internet Options" 2. click on the "Privacy" tab 3. select the desired level using the slider, or click the "Advanced" button to customize cookie management.
For Mozilla Firefox: 1. select the "Tools" menu, then "Options" 2. click on the "Cookies" tab 3. choose the desired options. For Opera: 1. select the "File" menu, then "Preferences" 2. "Privacy"
ARTICLE 14 - SEVERABILITY OF CLAUSES
Should any part of these Terms and Conditions of Sale prove to be illegal, invalid, or unenforceable for any reason whatsoever, the term or terms in question will be deemed non-existent, and the remaining terms will retain their full force and scope and will continue to apply. Terms declared non-existent are replaced by term(s) that most closely approximate the content of the cancelled clause.
ARTICLE 15 - DISPUTES AND JURISDICTION
These Terms and Conditions of Sale are governed by French law. For a professional Customer: any dispute (including interim proceedings) will fall under the exclusive jurisdiction of the Commercial Court of Lille. For a consumer Customer: any dispute (including interim proceedings) will fall under the jurisdiction of the courts designated as competent pursuant to article L.141-5 of the French Consumer Code"
ARTICLE 16 - DATA CONFIDENTIALITY
Analytics tracking via Matomo
You can opt out of tracking of your browsing on this website. This will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.
This Privacy Policy concerns the processing of personal data (hereinafter "Personal Data") in connection with your browsing of our website accessible at the following address: https://www.Josmose.fr.com, (hereinafter the "Website"), which is published by the company Josmose.fr.
The Personal Data collected is processed by the company Josmose.fr
As Data Controller, Josmose.fr undertakes to implement appropriate measures to ensure the protection, confidentiality, and security of your Personal Data, and to process and use it in compliance with applicable provisions, in particular European Regulation 2016/679 of April 27, 2016 (hereinafter the "GDPR") and Act No. 78-17 of January 6, 1978, known as the Data Protection Act (loi Informatique et Libertés), and any law or regulation that may supplement or replace it.
This Privacy Policy aims to inform you about how Josmose.fr processes your Personal Data and about the commitments and measures taken to ensure the respect and protection of this data.
This Policy may be amended in light of legal and regulatory developments as well as the recommendations of the French Data Protection Authority (CNIL).
For any question regarding this Privacy Policy or any request relating to your Personal Data, you may contact us:
by email: contact@Josmose.fr.com
*
1. What Personal Data do we process?
Personal Data refers to any information relating to an identified or identifiable natural person, who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
When you browse the Website, the Data Controller collects and processes your Personal Data.
This includes:
information you provide to us directly;
information we collect from third parties;
data we collect automatically.
1.1. Data you provide to us directly
1.1.1. Data necessary for creating your member account
While browsing our Website to benefit from certain services (access to forums, contests, etc.), you are invited to create a member account (hereinafter, "Member Account"). On this occasion, you provide us with the following information:
your email address;
your username (hereinafter "Username");
your password.
1.1.2. When you use our services
When you use Josmose.fr’s services, in particular by signing up for the newsletter, contributing to forums and/or content, participating in contests, responding to surveys, etc., you provide us with information about yourself, which may include:
your date of birth;
your phone number;
the dates of your participation as well as the answers provided as part of our contests;
your reviews regarding our services (as well as the content / products made available via our Site or services).
1.2. Data we collect from third parties
As part of creating your Member Account or using certain services offered on our Website, and in order to facilitate your registration or use of said services, you are offered the option of linking your Facebook, Google, GitHub, Twitter, or Discord account to these services. Please note that access methods may vary depending on the versions of the services offered on our Website and on your devices.
You are informed that, when connecting using your third-party service credentials to one of the services offered on our Website (contests, etc.) or to a Member Account, some of the Personal Data you have provided to these third-party services (basic information, email address, etc.) may be transmitted to us by the publishers of these third-party services. You are invited, when installing the corresponding application and linking it to the services offered on our Website (contests, etc.) or to your Member Account, to review and, where applicable, configure the restrictions on the transmission of Personal Data concerning you.
We undertake to respect the confidentiality of the information you provide to us in connection with your identification with third-party services, within the limits of the rules you set when registering and which you may change at any time on the third-party services. You are informed that the use of your Facebook, Google, GitHub, Twitter, or Discord credentials is done on your own initiative and that the privacy policy for information associated with your accounts is determined by the publishers of these third-party services and not by our company. You are therefore invited to find out in advance from the publishers of these services about their privacy policy, as well as the privacy settings available to them in this context and the restrictions they may apply.
In any event, you remain solely responsible for complying with the confidentiality and information-sharing rules associated with your Facebook, Google, GitHub, Twitter, or Discord accounts, and our liability cannot be invoked in any way in this regard.
1.3. Data we collect automatically
When you browse our Website, Josmose.fr automatically collects the following data:
data relating to your activity such as the date your account was created, your login history, your connected or disconnected status, notifications you have received, etc. ... ;
the IP address, device version and model, mobile or device identifier, operating system, failures, advertising identifiers.
2. Why do we process your Personal Data and on what legal basis is this processing based?
2.1. To manage your Member Account
In particular, to allow you to log in and to send you communications necessary for it to function properly.
When creating your Member Account, required fields are marked with asterisks. Creating your Member Account will only be possible if you have completed all the required fields.
This processing is based on the performance of the contract.
2.2. To send you notifications relating to the activity of your Member Account
For example, to send you a notification informing you that another member has interacted with you on our forums.
This processing is based on your consent expressed when creating your account. This consent may be withdrawn at any time in your Member Account settings.
2.3. To access our services
In particular, to allow you to participate in contests, and to process your contributions to forums and editorial content (reviews, comments, etc.).
This processing is based on the performance of the contract.
2.4. To carry out marketing operations
When creating your Member Account and/or when registering for or using certain services made available on our Website, we may offer you the option to receive our newsletter containing information about Josmose.fr SAS’s products and/or services.
You may, at any time, withdraw your consent or object to the use of your data for these purposes:
either by clicking on the hyperlink appearing at the top of each newsletter received, reproduced below as "if you no longer wish to receive emails, you can unsubscribe";
or, if you have created a Member Account in accordance with article IV of the Terms of Use of our Website, by using the unsubscribe function offered to you in the "My Account" / "My Preferences" section, or by sending an email to desincription@Josmose.fr.com with your Username.
This processing is based on your consent expressed by checking a box.
2.5. To measure the audience and performance of our services
To recognize you while browsing our Website or our services (when you are logged in via your Member Account) and, where applicable, to adapt our Website and our services as well as the content and advertisements they display (i) to the characteristics you have provided yourself and which we may be aware of (age, gender, etc.) and, where applicable, (ii) to your previous browsing activity.
This processing is based on your consent expressed via the cookie settings accessible here.
2.6. The Personal Data we collect directly from you, in particular when you register or use our services, may also be processed for the following purposes:
managing your requests to exercise your rights;
managing disputes;
preventing breaches of the Website’s security by identifying and analyzing fraudulent behavior, and providing our assistance to allow use under good technical and operational conditions.
This processing is based on the legitimate interest of the Data Controller.
3. How long do we keep your data?
We keep your Personal Data for as long as necessary to achieve the purposes for which it was collected and processed, and for as long as your account exists.
3.1. Your Member Account data
Your data necessary for managing your account will be kept for three (3) years from the last recorded activity on your Member Account.
When you request the deletion of your account, we will review your request and respond as soon as possible, and in any event within a maximum period of one (1) month.
Depending on your request, we have various solutions available to respond to it. We may delete your content, de-index it from search engines, or anonymize it when deleting your content is not possible or risks harming the coherence of our forums or discussion threads.
When your content has been reused by other data controllers, measures will be taken to inform them of your deletion request.
If you exercise your right of access or rectification, your data relating to identity documents may be kept for one (1) year.
3.2. Technical and browsing data
This data will be kept for a maximum of thirteen (13) months.
Data on participation in contests
This data may be kept for three (3) years from its collection or from the last contact.
Personal Data may be kept longer through intermediate archiving, for the period necessary in accordance with legal or regulatory retention obligations or for the purposes of establishing, exercising, or defending a legal right.
4. Who is your Personal Data intended for?
Authorized Josmose.fr personnel process your Personal Data for the purposes described above and only for the data necessary to them in carrying out their duties. This includes Josmose.fr staff responsible for the marketing department, the sales department, departments responsible for customer relations and prospecting, administrative departments, departments responsible for internal control procedures, logistics and IT departments, as well as their line managers.
We also share some of your data with our partners and subcontractors under signed contracts (i) mentioning the obligations incumbent upon them regarding the protection of data security and confidentiality and (ii) specifying, in particular, the security objectives to be achieved. The following may be involved:
hosting subcontractors, technical maintenance and data analysis service providers, as well as service providers responsible for moderating published content;
the competent authorities, at their request, as part of judicial proceedings or in order to comply with other legal or regulatory obligations incumbent upon us;
our external legal, financial, or accounting advisors, when strictly necessary;
our business partners (under the conditions and terms referred to in article 2.4 above).
5. Is your Personal Data transferred outside the European Union?
Your browsing information may be transferred to the United States for hosting and processing as part of the purposes referred to above. In this case, the transfer of your Information is governed by the European Commission’s standard contractual clauses, which the CNIL has previously recognized as providing a sufficient level of protection for individuals’ privacy and fundamental rights.
6. Personal Data of minors
In accordance with our Terms of Use, accessible here, minors may only register and create a Member Account with the consent of persons holding parental authority.
7. What are your rights and how can you exercise them?
In accordance with Act No. 78-17 of January 6, 1978, known as the Data Protection Act, and the GDPR, you have the following rights:
the right of access to Personal Data concerning you under the conditions set out in article 15 of the GDPR;
the right of rectification (modifications, updates) of Personal Data concerning you that is incomplete, inaccurate, outdated, or erased, in accordance with article 16 of the GDPR. You have the ability to modify and correct certain data directly from your personal space;
the right to the portability of the Personal Data you have provided, in a structured, commonly used, and machine-readable format, and to obtain that this Personal Data be transmitted directly to another Data Controller, where technically possible (article 20 of the GDPR). Josmose.fr reserves the right to verify the identity of the requester. Proof of identity may be requested. It will not be transmitted or disclosed to third parties;
the right to object, at any time, for reasons relating to your particular situation, to the processing of Personal Data for prospecting purposes. Josmose.fr will no longer process this data unless it demonstrates that there are legitimate and compelling grounds for the processing which override the interests and the rights and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims;
the right to ask Josmose.fr to erase the data you have provided, within the limits of the rights based on article 17 of the GDPR;
the right to the restriction of certain of your data under the conditions of article 18 of the GDPR;
the right to define directives relating to the retention, erasure, and disclosure of your Personal Data after your death, in accordance with article 85 of the Data Protection Act.
Josmose.fr undertakes, within the limits of its means, to respect the protection of your Personal Data and to process your requests as soon as possible.
Data provided to Josmose.fr via Facebook, Google, GitHub, Twitter, or Discord cannot therefore be rectified without their cooperation.
You may exercise these rights by sending an email to: rgpd@Josmose.fr.com, or by sending a letter to the following postal address: Josmose.fr SAS, GDPR Department, 10 rue Dugas-Montbel 69002 Lyon.
In the event of doubt regarding the identity of the requester, proof of identity may be requested.
For ONEY’s terms and conditions of sale, follow this link.
For any additional information or complaint, you may contact the French Data Protection Authority (CNIL) or any other competent supervisory authority. Please contact Josmose.fr beforehand.
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