General Terms and Conditions of Sale
ARTICLE 1 - DEFINITIONS
- Buyer: the person who places an order for the Product
- Manufacturer: the original manufacturer of each Product.
- Contract: a firm and final order for a Product placed on the Site by the Buyer, which presupposes the Buyer’s acceptance of these General Terms and Conditions of Sale.
- Parties: the Buyer and the Seller Product: a good offered for sale on the Site of the Seller and liable to be ordered by the Buyer
- Site: refers to the store www.josmose.fr or to the company OJA
- Contractual Territory: territorial area limited to Metropolitan France.
- Carrier: the transport company responsible for delivering the products purchased on the Site.
- User: a person who accesses and browses the Site without making a purchase on the Site, regardless of their status (private individual or professional), their location, the method of connecting to the Site, or the purpose and aim of their access to the Site.
Seller: the company OJA
ARTICLE 2 - PURPOSE
The purpose of these general terms and conditions of sale is the Site operated by the company OJA, which offers reverse osmosis systems and accessories for reverse osmosis systems for sale online.
These general terms and conditions of sale are intended to set out the rights and obligations of the User and the Buyer with regard to the Products sold on the Site, within the framework of a distance selling system.
The contract concluded in accordance with these general terms and conditions of sale is subject to distance selling regulations, as notably set out in the French Consumer Code, as well as the specific provisions referred to below. These general terms and conditions of sale apply to the Users and Buyers of the Site. The express and irrevocable acceptance of these general terms and conditions of sale results from:
- For Users: from accessing and browsing the Site;
- For Buyers: from concluding a Contract on the Site.
Every User and every Buyer acknowledges having been clearly informed that their agreement to the content of these general 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 general terms and conditions of sale.
These general 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 amend these general terms and conditions of sale at any time. Such amendments will only apply to sales entered into after the amended general terms and conditions of sale have been posted on the Site.
The Buyer is invited to review the general terms and conditions of sale in effect on the day of, and prior to, confirming their order. Should a User or a Buyer not wish to accept all or part of these general terms and conditions, they are asked to refrain from using the Site.
The Seller advises every User and every Buyer to save and/or print these general terms and conditions of sale for safe and durable storage, so that they can refer to them at any time during performance of the contract, should the need arise.
ARTICLE 3 - THE PRODUCT OFFER
Product offers and prices are valid only as long as they are visible on the site and within the limit of available stock. All prices shown on the Site are in euros, inclusive of all taxes, excluding shipping cost contribution, excluding delivery charges and excluding specific bank fees. Delivery charges 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. at 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 and without notice. Should the Buyer plan to export the Product outside of France, the Seller disclaims all liability in the event of non-compliance of the Products with the legislation of a foreign country. The Buyer will then take on the status of importer (or that of an intra-Community purchaser) of the Product and undertakes to comply with the legislation of the country of destination or transit 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 cancelled 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 at an equivalent price.
In the exceptional event that the Buyer’s account has been debited while the item is no longer available and the Buyer does not choose one of the solutions proposed above, they will automatically be refunded as soon as possible and at the latest within 30 days of payment. The Seller may offer vouchers of a value equal to that of the unavailable Product. The Buyer is free to accept this or to prefer a refund.
ARTICLE 4 - COMPLIANCE AND PRODUCT WARRANTIES
4-1 Warranty of conformity
The Seller is liable for any lack of conformity existing at the time of delivery of the Product, as described on the site.
The Seller invites the Buyer to report, as soon as possible after delivery, any lack of conformity by contacting customer service, specifying the following information:
-order number
-surname, first name and address
-reference of the item(s) to be returned
-reason(s) for return due to non-conformity
The Seller will provide them with a reference number and the procedure to follow to ensure optimal management of returned goods.
Photographs of the Products shown on the Site are as accurate as possible but cannot guarantee a perfect resemblance to the Products, particularly with regard to colors. Users and Buyers therefore release the Seller from any claim in this respect in the event of an insubstantial 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 lack of conformity, the Buyer may choose between a refund of the Product and repair within the following 30 days, or replacement of the Product. However, the Seller may not proceed according to the Buyer’s choice if that choice entails a cost that is clearly disproportionate compared with the other option, taking into account the value of the Product or the significance of the lack of conformity. The Seller is then required to proceed, unless impossible, with 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 with 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 under 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 diminish that use to such an extent that the Buyer would not have acquired it, or would 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 clearly abusive or submitted outside the prescribed time limits.
• Manufacturer’s warranty: The Manufacturer’s warranty does not prevent the application of the legal warranty. Its period of validity may vary depending on the Manufacturer. The Buyer must check that the warranty is provided upon delivery of the Product. Conditions of validity of the warranties The Buyer acknowledges that these Products are sold for normal use by the consumer and are not suitable for professional use. The Buyer must use the product with reasonable care and pay attention to the Product’s storage conditions (heat, humidity, absence of overheating, etc.). In the event of failure to comply with the recommendations mentioned above, the Seller shall be released from all liability. The burden of proof of compliance with the recommendations rests with the Buyer.
The warranties do not cover:
- damage caused by an external cause or by the intervention of a repairer who has not been previously approved by the Seller or the Manufacturer
- normal wear and tear of the Products.
Except in the case of a Product returned due to a lack of conformity, the costs and risks related to the return are borne by the Buyer.
The Seller will take care 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 24/24h and 7/7j
- The order process implemented on the Site complies with the provisions of article 1369-5 of the French Civil Code specifying the procedures for concluding contracts in electronic form. This order 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 place of delivery, including a phone number for scheduling an appointment.
==> They check 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 general 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 accordance with these general terms and conditions of sale.
==> The Buyer receives a first acknowledgment of receipt confirming their order has been registered, then a second email once payment has been accepted. Confirmation of payment by the Seller binds both parties to the Contract. The order can only be delivered provided it is accurate and complete. The Buyer must check the accuracy of the information given for the delivery address. The Seller disclaims all liability in the event the Buyer has provided an incorrect address, and any re-shipping costs 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 an explanation for this refusal upon simple request.
5-2 Payment
The full price is payable upon ordering.
Ownership is transferred only after payment of the full price. However, risk is transferred as soon as the Product is received.
The Buyer chooses one of the payment methods offered on the Site, namely: • PAYPAL • Credit card • Bank or postal check (check made payable to OJA) • Bank transfer In the event of payment by check or transfer, the order will be processed upon receipt of payment, as soon as it is collected.
The delivery period then runs from the date payment is registered. Payments by credit card are debited immediately. If payment has not reached the Seller’s bank account twenty days after confirmation of the corresponding order, whatever the payment method used, that order is automatically cancelled.
The Seller does not retain its customers’ bank card data on its Website.
5-3 Seller’s liability
The Seller, in the order process described above, is bound only by an obligation of means. Its liability cannot be invoked by the Buyer for damage resulting from the use of the Internet network, such as: - Loss of data; - Intrusion; - Virus; - Interruption of service; - Other problems beyond the Seller’s control.
ARTICLE 6 - DELIVERY
Online sale of Products is reserved for Buyers residing in Metropolitan France. These products are only delivered within this geographical area (Contractual Territory).
Deliveries to Corsica may be provided subject to a surcharge of 37 euros for deliveries via “Mondial Relay - Home delivery (to your doorstep)” or “Mondial Relay - Home delivery (room of your choice)”. We deliver at no extra charge to a Mondial Relay pickup point (except for very bulky products such as sofas & armchairs, which are not accepted at pickup points).
The Seller bears the risk during transport and until delivery, but under the following conditions:
==> The Buyer must have checked that access to the delivery address is suitable, and in particular the size of the stairwell and doors in the event of delivery of a large Product. The Buyer will be solely responsible in the event 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 within 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 registered (in the case of payment by check or transfer), and at the latest within twenty days from the day following the day on which the Customer placed their order. However, in the event of force majeure such as disruption or strikes, particularly affecting postal services or transport services, or in the event of flooding or other events, the Seller or the Carrier can in no case be held liable in the event of a delivery delay. Delivery transfers risk to the Buyer. Accordingly, the Buyer is invited to formally record written, specific 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 to be damaged. They are also advised, without prejudice to applicable legal warranties, to send their reservations by email as soon as possible (see the article on the warranty of conformity). 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 is available again. If the delivery date of the item is exceeded by more than 7 days, and barring force majeure, the Buyer may, within 60 days of the stated 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 prefer delivery of an item of equal value at an equal or lower price, or opt for vouchers.
Delivery is accompanied by the handover of the user manual and, where applicable, the handover of the appliance’s warranty certificate. In the event of loss of the package or delivery delay, the Seller will carry out all necessary investigations. The investigation may take several days, as the Seller may be dependent on time frames imposed by the postal service, among others.
Shipping costs: In the event delivery to the requested location is found to be 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 attempt may be scheduled on a subsequent round after payment of an amount equal to the original shipping costs. Delivery checks: The contents of the packages have undergone a certified inspection prior to dispatch for delivery.
Advice to our customers for a smooth delivery:
In the presence of the carrier:
- 1. Check the number of packages
- 2. Check the visible 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 services you subscribed to when confirming your order have been carried out (delivery to a floor for “room of your choice” deliveries…)
If the handover is compliant:
Date it, write your name in capital letters, and sign the delivery note.
If the handover is not compliant
- Explicitly state the problem encountered on the delivery note: Service not performed, damaged packaging, product damaged after unpacking, incomplete product …
- If the goods are damaged, refuse the delivery, and clearly state the reason(s) on the delivery note !
If you have any questions, 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.
In the event the right of withdrawal is exercised, the Seller will refund the Buyer the full amount paid as soon as possible and at the latest within 30 days of receipt by the Seller of 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 borne entirely by 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, along with a copy of the invoice and sufficient postage. Products that are incomplete, damaged or soiled by the Buyer, or that have undergone abnormal use, will not be accepted.
In order to ensure the return and receipt of the Product under the best possible 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 management of returns.
ARTICLE 8 - PROCESSING, SECURING AND PROTECTING PERSONAL DATA
8-1 Payment security
In order to combat fraud involving means of payment, the Site is equipped with cryptology tools.
Buyers’ bank data is encrypted and SSL certified. When ordering, the Seller may request a copy of an identity document to verify the accuracy of information concerning the Buyer’s address and identity. For the order and payment analysis system (fraud detection): Information relating to your order is subject to automated data processing by Mercanet (BNP Paribas’s secure payment system)
This automated data processing is intended to determine a transaction’s level of analysis and to combat bank card fraud. The occurrence of a non-payment due to fraudulent use of a bank card will result in the details relating to your order associated with that non-payment being entered in a payment incident file operated by Mercanet / BNP Paribas.
An anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of January 6, 1978, you have, at any time, a right of access, rectification and objection with regard to all of your personal data by writing, by mail and proving your identity, to OJA SARL, 31 rue du grand chemin, 59 100 ROUBAIX
8-2 Document archiving
The Seller undertakes to ensure 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 the 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 personal data from the Buyer 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 surname, first name, postal address, email address, password and phone number. This information, essential for processing the order, is marked with an asterisk. Without this information, the order cannot be confirmed by the Seller.
The Buyer’s personal account brings together all personal data transmitted. The Buyer is responsible for the use of their account and guarantees that, when registering, they provide personal information that is accurate, not misleading, and allows for their precise identification in the event of a dispute. Failure to provide information will result in the order not being confirmed.
The Seller expressly states that this data will only be used to manage its Customer-Prospect file. All personal data will be processed confidentially in accordance with the legal provisions on data protection in force.
In accordance with the “Informatique et Libertés” Act of January 6, 1978, as amended, and its implementing decrees, the processing of personal data carried out from the Site has been the subject of a prior declaration of processing to 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 persons in charge of processing information within the company OJA are recipients of such information. The Buyer declares that they have the legal capacity to enter into a 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 provide 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, free of charge or otherwise, the personal data of its Customers to a third party. 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 regarding the data concerning them. These rights may be exercised as follows: - By mail addressed to Technical Support at the following postal address: contact@oja-solutions.com, 31 rue du grand Chemin 59 100 ROUBAIX - By email at: contact@oja-solutions.com,
ARTICLE 9 - CONTRACTUAL WARRANTIES
The products sold benefit from the legal warranty against hidden defects provided for under articles 1641 et seq. of the French Civil Code, unless otherwise stated on an item’s data sheet at the time of the transaction,
Repair, as with the exchange under warranty of an item distributed by the Seller, does not in any way change the original expiration date of the contractual warranty, i.e. the expiration date that was set based on the item’s invoice date. In all cases, the Seller’s liability covers only the replacement or repair of the defective part or equipment, without any additional compensation or damages being claimed on any grounds whatsoever.
Damage of a cause external to the item itself is excluded from the scope of the warranty. This notably concerns impacts, fires, lightning, frost, flooding, natural disasters… 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 remains the owner of the goods until full and effective payment of the price corresponding to those goods. In the event of non-payment, even partial, and without prejudice to its other rights, the Seller may therefore obtain the return of the goods by simple registered letter, at the Buyer’s expense. Even if they are not the owner, the purchaser will bear the risks and damage that the equipment may sustain or cause from the moment they take receipt of it.
ARTICLE 11 - LIABILITY
The Seller’s business is sales, excluding any installation or assembly operation. The Seller performs its services under an obligation of means. All items distributed by the Seller comply with French legislation and the standards applicable on French territory. The Seller cannot be held liable in the event of 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 for any purpose whatsoever, even partially, any elements of the Site, whether software, written, visual or audio. Copyright Texts, images, drawings and the lay-out as well as the graphic design of the Site are protected by intellectual property law. It is prohibited to copy, extract, exploit, distribute, or use for any purpose whatsoever, even partially, the content of the Site.
Downloading as well as printing text, images and graphic elements is authorized for private, non-commercial use only. Reproduction of drawings, images, audio documents, video sequences and texts in other electronic or printed publications requires the Seller’s prior written consent. Failure to obtain authorization is punishable as a counterfeiting offense. 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 a counterfeiting offense 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 without the express written agreement of 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 (pages viewed, date and time of the visit, etc.).
The Seller can read this information on subsequent visits. These cookies do not allow the Seller to identify Users and Buyers. The Customer can object to the storage of cookies by configuring their browser as follows:
Users and Buyers can object to the storage of cookies, or be warned 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 on 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”
Processing carried out via the CASANEO affiliate platform
As part of our affiliate marketing activities, we work with the CASANEO platform, used for tracking and managing affiliate performance.
As such (as advertiser), we are joint controllers of the processing of data carried out via this platform, in accordance with the General Data Protection Regulation (GDPR).
The CASANEO platform carries out the following processing:
a) Tracking of interactions between affiliates and our site
CASANEO implements a tracking solution to detect whether a user comes from an affiliate site (via a redirect link). This system also makes it possible to identify actions carried out on our site (filling out a form or making a purchase), in order to measure conversions (leads or sales), via a tracking tag installed on our site.
b) Administration interface
The CASANEO interface makes it possible to manage affiliates, approve or reject their participation in our program, and view performance reports.
c) Integration of promotional materials
CASANEO allows the integration of materials (text links, banners, product feeds) on affiliate sites, in order to promote our products or services.
To learn more about the data protection policy of the CASANEO platform, you can visit: www.casaneo.io/rgpd
ARTICLE 14 - SEVERABILITY OF CLAUSES
Should any part of these general terms and conditions of sale prove to be illegal, invalid or unenforceable for any reason whatsoever, the term or terms in question shall be deemed non-existent and the remaining terms shall retain their full force and scope and shall continue to apply. Terms deemed non-existent shall be replaced by term(s) that come closest in content to the cancelled clause.
ARTICLE 15 - DISPUTES AND JURISDICTION
French law governs these General Terms and Conditions of Sale. For a professional Customer: any dispute (including pre-trial proceedings) shall be subject to the exclusive jurisdiction of the Commercial Court of Lille. For a consumer Customer: any dispute (including pre-trial proceedings) shall fall within the jurisdiction of the courts designated as competent pursuant to article L.141-5 of the French Consumer Code»
ARTICLE 16 - RENTAL
See our general terms and conditions of sale for rentals: https://www.josmose.fr/content/conditions-generales-de-location
ARTICLE 17 - DATA PRIVACY
Analytics tracking via Matomo
You can object to the tracking of your browsing on this website. This will protect your privacy, but will also prevent the owner from learning about 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, (hereinafter the “Website”), published by the company Oja.
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, and any law or regulation that may supplement or replace it.
The purpose of this Privacy Policy is to inform you 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 line with legal and regulatory developments as well as in light of the recommendations of the French Data Protection Authority (CNIL).
For any question relating to this Privacy Policy or any request relating to your Personal Data, you can contact us:
by email: contact@josmose.fr
*
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 consists of :
information that you provide to us directly;
information that we collect from third parties;
data that we collect automatically.
1.1. Data you provide to us directly
1.1.1. Data required to create your member account
When browsing our Website to benefit from certain services (access to forums, contests…), 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, taking part in contests, responding to surveys…, you provide us with information about yourself that may include:
your date of birth;
your phone number;
the dates of your participation as well as the answers given as part of our contests;
your reviews concerning 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 make it easier for you to register or use these services, you are given 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 depending on your devices.
You are informed that, as part of your connection, using your third-party service credentials, to one of the services offered on our Website (contests…) or to a Member Account, some of the Personal Data you have provided to these third-party services (basic information, email address…) 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…) 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 regarding your identification with third-party services, within the limits of the rules you defined when registering and that you can 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 at 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 check in advance with the publishers of these services regarding their privacy policy, as well as the privacy settings they offer in this context and the restrictions they may apply.
In all cases, you remain solely responsible for complying with the confidentiality and 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 connection history, your connected or disconnected status, notifications you have received, etc. ...;
IP address, device version and model, mobile or device identifier, operating system, crashes, advertising identifiers.
2. Why do we process your Personal Data and on what legal basis is this processing based?
2.1. To administer your Member Account
In particular, to allow you to log in and to send you communications necessary for its proper operation.
When creating your Member Account, required fields are marked with asterisks. Creating your Member Account is only possible if you have filled in all required fields.
This processing is legally based on the performance of the contract.
2.2. To send you notifications relating to your Member Account activity
For example, to send you a notification informing you that another member has interacted with you on our forums.
This processing is legally 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 take part in contests, to process your contributions to forums and editorial content (reviews, comments, etc.…).
This processing is legally based on the performance of the contract.
2.4. To carry out marketing operations
When creating your Member Account and/or when you register or use certain services made available on our Website, we may offer you the opportunity to receive our newsletter containing information about Josmose.fr SAS’s products and/or services.
You can withdraw your consent or object to the use of your data for these purposes at any time:
either by clicking on the hyperlink found at the top of each newsletter you receive, 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 General Terms of Use of our Website, by using the unsubscribe feature offered to you in the “My Account” / “My Preferences” section, or by sending an email to desincription@Josmose.fr with your Username.
This processing is legally based on your consent expressed by checking a box.
2.5. To measure the audience and performance of our services
To recognize you when you browse our Website or our services (when you are logged in via your Member Account) and, where applicable, to tailor our Website and our services as well as the content and advertisements they display (i) to the characteristics you have provided yourself and of which we may be aware (age, gender, etc.) and, where applicable, (ii) to your prior browsing.
This processing is legally based on your consent expressed via the cookie settings accessible here.
2.6. Personal Data that 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 threats to the security of the Website by identifying and analyzing fraudulent behavior, and providing our support to enable use under good technical and operational conditions.
These processing operations are legally 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
Data necessary for managing your account will be kept for three (3) years from your last recorded activity on your Member Account.
When you request deletion of your account, we will review your request and provide a response 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. We may delete your content, de-index it from search engines, or anonymize it when deletion of your content is not possible or risks harming coherence in our forums or discussion threads.
When your content has been reused by other data controllers, steps 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.
Contest participation data
It may be kept for three (3) years from its collection or 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 personnel of Josmose.fr process your Personal Data for the purposes described above and only for the data necessary to them in carrying out their duties. This refers to Josmose.fr staff responsible for marketing, sales, customer relations and prospecting, administrative services, internal control procedures, logistics and IT services, 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 on them regarding the protection of data security and confidentiality, and (ii) specifying in particular the security objectives to be achieved. This may concern:
hosting subcontractors, technical maintenance and data analysis service providers, as well as providers responsible for moderating published content;
competent authorities, at their request, as part of judicial proceedings or in order to comply with other legal or regulatory obligations incumbent on us;
our external legal, financial or accounting advisors, when strictly necessary;
our business partners (under the conditions and according to the procedures 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 purposes within the framework 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 the privacy and fundamental rights of individuals.
6. Personal Data of minors
In accordance with our General Terms of Use, accessible here, minors may only register and create a Member Account with the consent of the persons holding parental authority.
7. What are your rights and how do 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:
of access to the Personal Data concerning you, under the conditions set out in article 15 of the GDPR;
of rectification (changes, updates) of the Personal Data concerning you that is incomplete, inaccurate, outdated or should be erased, in accordance with article 16 of the GDPR. You have the option to modify and correct certain data directly from your personal space;
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. This proof will neither be transmitted nor disclosed to third parties;
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 legitimate and compelling grounds for the processing that override the interests and rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims;
to request that Josmose.fr erase your data communicated, within the limits of the rights based on article 17 of the GDPR;
to the restriction of certain of your data under the conditions of article 18 of the GDPR;
to define directives relating to the retention, erasure and communication of your Personal Data after your death, in accordance with article 85 of the Data Protection Act.
Josmose.fr undertakes, to the best of its ability, to respect the protection of your Personal Data and to process your requests as soon as possible.
Data communicated to Josmose.fr via Facebook, Google, GitHub, Twitter or Discord cannot therefore be rectified without the cooperation of these parties.
You can 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 about the identity of the requester, proof of identity may be requested.
For any further information or complaint, you can contact the French Data Protection Authority (CNIL) or any other competent supervisory authority. Please contact Josmose.fr beforehand.
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