Terms and Conditions of Use and Services

Legal Notice

The Website is published by J2S3, whose contact details are as follows:

J2S3
Simplified joint-stock company
295 Boulevard Saint-Denis
92400 – Courbevoie
Share capital: €2,104.49
Nanterre Trade and Companies Register number: 884 606 328
Intra-community VAT number: FR70884606328

Email contact: contact@merci-app.com

The publication director is Mr. Arthur Ollier, President of J2S3.

The site is hosted by Amazon Web Services, a foreign commercial company with capital of €25,000, whose registered office is located at 38 Avenue John F. Kennedy L 1855 – Luxembourg, Luxembourg, registered in the Nanterre Trade and Companies Register under number 831 001 334.

1. Name of the service provider

This site is published by:

The merci-app.com website is published by J2S3, a simplified joint-stock company with a capital of €2,104.49, whose registered office is located at 295 Boulevard de Saint-Denis 92400 Courbevoie, registered in the Trade and Companies Register under the unique identification number 884 606 328 R. C.S. Nanterre.

This website is hosted by:

AMAZON WEB SERVICES, a company with capital of €25,000.00, whose registered office is located at 38 AV JOHN F KENNEDY L 1855 99137 Luxembourg, RCS de NANTERRE, number 831 001 334.

2. General provisions relating to these general terms and conditions of use and services (hereinafter the GTCU)

1. Purpose of the GTCU

The purpose of these GTCU is to define the rights and obligations of the parties in connection with the services offered to Customers and/or Users by J2S3 via the Website (hereinafter “Services”). Certain aspects or features of the Services may be subject to a specific subscription, which may require the payment of an ad hoc fee.

1. Scope of application of the GTCU

These GTCU govern the use of the website https://www.merci-app.com/ published by J2S3, as well as all subdomains accessible (free of charge or otherwise) at this address.

These GTU also govern subscription contracts concluded on the website https://www.merci-app.com/ between J2S3 (hereinafter the service provider) and purchasers (customers).

These GTCU constitute the contractual documents binding on the Parties/Customers/Users/Purchasers, to the exclusion of all other documents, prospectuses, catalogs, or photographs of the products, which are for information purposes only.

The GTCU apply to Services provided to customers based in France—including Corsica and the continental islands, overseas departments (including Mayotte) and overseas collectivities with special status—as well as to customers based abroad.

The GTCU and all contractual information mentioned on the website are written in French.

1. Availability and enforceability of the GTCU

The GTCU are made available to Users/Buyers on the service provider’s website, where they can be consulted directly, and can also be sent to them on request by email or post.

The GTCU are enforceable against Users/Purchasers who acknowledge, by ticking a box provided for this purpose, that they have read and accepted them.

In any event, opening an account on the website https://www.merci-app.com/, taking out a subscription, and confirming an order constitutes full and unreserved acceptance of the GTCU in force on the date of opening the account or taking out a subscription.

The storage and reproduction of the GTCU is ensured by J2S3 in accordance with Article 1127-2 of the Civil Code (former Civil Code, Art. 1369-4).

1. Modification of the GTCU

J2S3 reserves the right to modify its GTCU at any time.

In the event of a modification to the GTCU, J2S3 will inform Customers of the date of entry into force of the new GTCU.

Until the effective date communicated by J2S3 to Customers, they have the right to terminate the Services at any time and without penalty. If the Services are not terminated on the effective date of the GTCU, they will automatically and by operation of law become enforceable against each Customer and User.

1. Terms of the GTCU

The invalidity of a contractual clause shall not invalidate the GTCU.

The temporary or permanent non-application of one or more clauses of the GTCU by the service provider shall not constitute a waiver on its part of the other clauses of the GTCU, which shall continue to have effect.

1. Definitions

For the performance of the Contract, the terms shall be understood as defined in this article:

Buyer(s)/Customer(s) refers to natural or legal persons—consumers or professionals—who use the paid Services offered by J2S3 via the Website.

Consumer buyers refers to buyers recognized as consumers within the meaning of the provisions of the Consumer Code.

Account refers to a valid account giving access to the Services of the company J2S3 on the website https://www.merci-app.com/ and the subdomains accessible from this site.

Content refers to the content and Services to which Users have access via the website https://www.merci-app.com/ and the subdomains accessible from this site.

Personal Data means any information relating to an identified or identifiable natural person.

Parties means J2S3 and the Customer/Purchaser, or J2S3 and the User.

Price means the prices of J2S3 applicable to Customers/Purchasers.

Site refers to the J2S3 website and subdomains accessible at https://www.merci-app.com/, as well as all applications accessible to Users via this platform;

Subscription refers to the paid contractual commitment binding Customers to J2S3

Users refers to users of the Services (regardless of the version used, free or paid).

Texts: texts entered or imported by the User that may be subject to correction as part of the Service..

3. Services provided

1. Features

The Service mainly consists of providing access to a unique spell-checking and syntax correction system, as well as assistance with safe and easy-to-use writing.

The correction system is accessible on the website https://www.merci-app.com/.

The User/Purchaser may also, to facilitate their experience, install an extension on a compatible browser; this extension is not a separate software program, but simply an add-on that can be downloaded from the platforms set up by each browser.

Users with a “MerciApp” account may also be invited to download the extension directly from the website https://www.merci-app.com/.

The functioning of Merci-app requires the recording of the User’s keystrokes.

This recording is carried out on clearly identified text fields: the User is notified of the presence of the Merci-app solution by the application logo displayed next to the text entered.

The User may, at any time, disable Merci-app on all or part of a website.

The scope of use of the services must be distinguished depending on whether the version used by the User/Purchaser is paid or free.

The scope of use of the services can be viewed by clicking on the following link https://www.merci-app.com/tarifs.

The syntax analysis and correction feature is implemented via APIs connected to artificial intelligence engines. The Customer has the option to disable this feature for all of its Users by simply requesting J2S3 to do so.

J2S3 reserves the right to modify and remove the scope of use of the free version at any time.

J2S3 thus reserves the right to remove all free access to the services without notice (removal of all scope of use).

Free Users may not claim any acquired right to use the services offered free of charge.

Free Users may not claim any prejudice resulting from the modification or removal of the scope of use, even if such modification and/or removal results in data loss.

Free Users are expressly informed that the Texts may be deleted at any time by J2S3.

J2S3 does not guarantee the integrity of the Texts and is not responsible for any data corruption that renders the document unusable.

J2S3 will make every reasonable effort to maintain the service in accordance with the GTU.

J2S3 grants Users a non-exclusive right to access and use the technology it provides. J2S3 undertakes to exercise caution and diligence in providing a quality service, in accordance with standard practice in this area.

J2S3 will endeavor to provide permanent access to its platform, 24 hours a day, every day, except in cases of force majeure, as defined in the section entitled “Force Majeure” below.

1. Conditions of access to services

To access and use the Services sold or used free of charge, Purchasers and Users must be legally capable of entering into contracts and must comply with all applicable laws (French and/or foreign).

If the Buyer or User creates an account on behalf of an entity, such as a company or their employer, they declare that they have the legal authority to create such an account and, where applicable, to enter into a contract on behalf of that entity. The Buyer or User is not authorized to transfer their username and account password to another User or entity. In order to protect their account, the Buyer or User shall ensure that they do not disclose their account information and password.

Users and Buyers must have access to the internet in addition to a suitable computer.

Access to the Services is impossible without an internet connection.

Users and Buyers are solely responsible for all connections, plans, and/or equipment required to use the Services, as well as for the payment of fees charged by the provider(s) of your connections, plans, and equipment. These charges are in addition to those you pay us for using the Services and will not be refunded.

Users and Buyers must create an Account on the Site and provide the following information:

Mandatory information:

Last name, first name, email address

Optional information:

Company name

Information relating to the size of the workforce of the company concerned,

Telephone number

The email address must remain valid for as long as the Account remains active. Users and Buyers are responsible for updating their email address if necessary.

Users and Buyers must use the services provided in accordance with the GTCU.

To use the services, Buyers and Users must have access to a device that can connect to the internet and a recent browser that accepts cookies.

All costs necessary for the equipment and connection of Users and Buyers to the internet are their sole responsibility.

Buyers and Users use their terminals and browsers under their sole responsibility.

To use and access the services, Buyers and Users agree to:

• Always provide truthful and accurate information and update it as necessary to ensure that it remains complete and accurate;
• Use the Service in accordance with its intended purpose and the terms of the GTU;
• Respect the rights of third parties and, more generally, all applicable laws and regulations;
• Not damage the reputation of J2S3 or defame J2S3;
• Not engage in any conduct that could interrupt, destroy, limit, or more generally harm J2S3 or allow other users to access and use “Merci-app” without authorization, including through the use of viruses, malicious code, programs, or files;
• Not copy or sell all or part of the Services to which they have access;
• Not make any direct or indirect commercial use of the Services provided.

In the event of a breach of the above, J2S3 reserves the right to cancel the Account and/or block Buyers and Users without notice or compensation.

Buyers and Users acknowledge that they have verified that the Services are suitable for their needs and that they have received all the information and advice necessary to enter into the GTU. Buyers and Users acknowledge that they have been fully informed by J2S3 of the extent of their contractual obligations under the GTU.

Buyers and Users are fully and solely responsible for their use of the Services.

In their use of the Service, Users undertake to respect the rights of third parties, including personality rights, intellectual or industrial property rights such as copyright, patent rights, design rights, and trademark rights.

1. Compliance

The Services comply with the regulations in force relating to the safety and health of persons, fair trading, and consumer protection at the time they are placed on the market (text reproducing C. consom., art. L. 411-1, former C. consom., art. L. 212-1).

The products comply with the requirements of French law in force at the time they are placed on the market.

4. Price – Paid offer

The Buyer takes out a monthly or annual subscription, which is automatically renewed at the end of the subscription period.

1. Domain

The paid offer (access to paid services) is presented on the Website to Users and Buyers and can be viewed by clicking on the following link: https://www.merci-app.com/tarifs.

1. Sale price

Prices are indicated in euros, including VAT (TTC).

The total amount owed by Buyers and Users is indicated on the subscription order page.

The sale price is the price in effect on the day of the order.

The amount of VAT applied, which is shown, is that applicable on the date of the order.

In the event of a price promotion, J2S3 undertakes to apply the promotional price to any order placed during the period of the promotion. Any price reduction is only valid for an initial contractual period of twelve (12) months.

Depending on the Buyer’s location, certain transactions may require currency conversion or be processed in another country. The Buyer’s bank may charge additional fees for these services.

These fees are the responsibility of the Buyer, who should contact their bank for any questions.

Unless otherwise specified (particularly for free usage), access fees are payable in cash. These fees are based on access to the services and not on actual usage. Payment is non-cancellable and non-refundable.

The Prices applicable for the Services may differ and may be displayed in different currencies depending on the location of the Purchasers and Users, excluding foreign taxes if applicable.

J2S3 reserves the right to update its Pricing policy and create new charges at any time, provided that it gives one (1) month’s notice to Purchasers. Any changes will be sent by email.

The new Pricing policy is immediately applicable (i) to new Buyers and Users, and (ii) to new features, whether Buyers and Users are new or existing.

For existing Users, the new Pricing policy for existing Services will be applicable after renewal of the subscription term. The Prices applicable to Users when they create their Account are guaranteed until the subscription is renewed.

1. Price changes

J2S3 reserves the right to change its prices at any time, while guaranteeing Buyers that the price in effect on the day of the order will apply.

5. Order – paid offer

1. Detailed steps for concluding the service contract

To place an order, after clicking on the button allowing them to proceed to Merci App Correct or Assist, the buyer enters their contact details, views the amount that will be debited, saves their credit card details, and their subscription is validated.

Validation of the order payment implies acceptance of the GTCU and forms the Contract.

1. Order modification

Any modification of an order after confirmation is subject to acceptance by J2S3.

With regard to contracts concluded with a Buyer-consumer, J2S3 reserves the right to make changes to the service ordered that are related to technical developments under the conditions provided for in Article R. 212-4 of the French Consumer Code (former Consumer Code, Art. R. 212-4).

1. Order confirmation

J2S3 reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for Buyers who are consumers.

1. Withdrawal

In accordance with Articles L221-18 et seq. of the Consumer Code, if the Buyer is recognized as a consumer within the meaning of the provisions of the Consumer Code, they have a right of withdrawal. They may exercise their right of withdrawal, without having to justify their reasons or pay any penalties, within fourteen (14) days of signing the contract for the provision of Services, by sending a letter by post to J2S3.

If the right of withdrawal has been validly exercised, the Customer is entitled to a refund for the Services concerned by the exercise of this right.

In accordance with Article L221-28 °13 of the French Consumer Code, the consumer Buyer within the meaning of the provisions of the French Consumer Code may not exercise their right of withdrawal for Services involving the provision of digital content not supplied on a physical medium, the performance of which has begun after the consumer’s prior express agreement and express waiver of their right of withdrawal.

The consumer Buyer therefore formally acknowledges and accepts that, in all cases where they expressly accept the performance of the Service and use the services provided by J2S3, they expressly waive their right of withdrawal before the expiry of the withdrawal period.

The consumer Buyer may not therefore validly invoke this right.

1. Archiving and proof

Communications, purchase orders, and invoices are archived on a reliable and durable medium in order to constitute a faithful and durable copy. These communications, purchase orders, and invoices may be produced as proof of the contract.

6. Payment

1. Payability

The price is payable in full after confirmation of the order.

Payment is made immediately upon ordering by credit card.

J2S3 has entrusted STRIPE.Inc with online payment management and SELLSY with billing management.

Users who wish to take out a paid subscription must provide the following information:

• Credit card number,
• Credit card expiry date,
• CVC,
• Billing address,
• Intra-community VAT number (for professionals subject to VAT)

This data is transmitted to STRIPE.Inc and is not stored by J2S3.

It is the buyer’s responsibility to ensure that the payment method they use remains valid for the entire duration of the subscription contract.

1. Late payment or non-payment

In the event of late or non-payment, the buyer’s account will be suspended and the Customer will be subject to a penalty of a lump sum of one hundred (100) euros per day of delay. The Customer shall reimburse J2S3 for all costs (including reasonable attorney’s fees) associated with the collection of payments not honored by the buyer.

J2S3 reserves the right, in the event of non-payment by the buyer of any of its invoices or in the event of a breach of any provision contained in the GTCU, to suspend access to merci-app.com until payment is received in full.

J2S3 also reserves the right, in the event of non-payment, to terminate the contract.

J2S3 cannot be held liable for any failure by the buyer to pay for any reason whatsoever, nor for the subsequent termination of the Contract.

Any dispute concerning an invoice must be expressed in a letter or email sent by registered mail with acknowledgment of receipt within fifteen (15) days of the date of the invoice (or pro forma invoice). In the absence of such a letter or email, the buyer will be deemed to have accepted the invoice.

7. Term, modification, and termination of the GTCU

The GTCU are valid for the entire duration of access to the Services, including any trial period, and are automatically renewed.

Any termination of the Service Agreement (paid subscription) will be effective at the end of the subscription period.

In the event of termination, notice must be given at least thirty (30) days before the end of the current subscription period by registered letter with acknowledgment of receipt to J2S3, or by email to contact@merci-app.com.

J2S3 reserves the right to terminate the GTCU at any time in the event of non-compliance by Users with the GTCU.

In the event of late payment, J2S3 may consider that the GTCU have been terminated on the date on which payment is due.

J2S3 reserves the right to unilaterally terminate the GTCU if the Content uploaded/exchanged/stored by Users proves to be contrary to French law or creates operational problems for the service and for J2S3’s servers. The Users concerned will be notified and will have fifteen (15) days to remove the said content.

8. Responsibilities and warranties of J2S3

Within the limits provided for by applicable law, J2S3 provides “as is” access to the service provided without any warranty of any kind, either express or implied. J2S3 does not guarantee that remote use of the service will be uninterrupted or error-free.

J2S3 cannot be held liable for any errors made by the correction system (spelling and/or syntax), which may consider errors to be correct and, conversely, flag correct wording as incorrect. If the Customer uses the rephrasing feature, J2S3 cannot be held liable for any misinterpretations or contradictions. J2S3 does not guarantee the integrity of the Texts and is not responsible for any data corruption that renders the document unusable.

J2S3 can never replace the administrative and commercial organization functions and obligations of Buyers and Users. J2S3’s assistance is provided solely for access to and use of the service, but not for the organization or management of the activities of Purchasers and Users. The information provided by J2S3 does not constitute advice, whether commercial, financial, legal, or otherwise.

J2S3 makes no express or implied, statutory or other warranties for the service and access to it. In all cases, J2S3’s overall liability is strictly limited to the amount of the monthly or annual subscription fee. This clause is essential to J2S3 and forms part of the agreement between the Parties.

Under no circumstances shall J2S3 be directly or indirectly liable for any damage caused to Users or a third party due to the fault of the Users. J2S3 reserves the right to terminate access to the service without notice or compensation. J2S3 does not guarantee that the service or access to it will be free of anomalies or errors that can be corrected, or that the service or access to it will function without interruption or malfunction, or that they are compatible with hardware or configurations other than those expressly approved by J2S3.

Service updates may be performed at any time of the day and may cause a brief interruption in service. In cases of absolute necessity, J2S3 reserves the right to interrupt the service and access to it in order to perform technical maintenance or improvements to ensure the proper functioning of its services, regardless of the time and duration of the intervention. Users shall not be entitled to any compensation for such interruptions. The service may be modified based on improvements and updates made without informing Users. The service may be modified, amended, and/or otherwise changed at any time and at the sole discretion of J2S3.

Neither party shall be liable for any failure or delay in performance caused by reasons beyond its control, such as fires, floods, epidemics, pandemics, famines, earthquakes, hurricanes, and other natural disasters, or regulations or acts of any authority or civil or military acts of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft, or other criminal acts of third parties.

9. Information for the buyer-consumer

Regardless of the commercial warranty, J2S3 remains bound by the legal warranty of conformity mentioned in Articles L. 217-4 et seq. of this code (former Consumer Code, Articles L. 211-4 to L. 211-13) and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

10. Complaints

Complaints made under the warranties must be sent by email to contact@merci-app.com.

11. Intellectual property

The elements reproduced on the Website https://www.merci-app.com/ published by J2S3, as well as all accessible subdomains, are the exclusive property of the publisher and are protected by copyright, trademark law, and patent law.

Any reproduction or distribution of these elements without the publisher’s prior written consent will expose the offenders to legal proceedings.

Buyers and Users agree to be cited on any document, electronic or otherwise, as a reference and to have their logo used for the same purposes. Unless otherwise specified in writing, Buyers and Users also agree that J2S3 may anonymously cite the nature of the services and the results obtained, with the exception of any confidential information.

12. Confidentiality

J2S3 guarantees that the obligations set out in this article are binding on its staff and any subcontractors. This article shall survive the termination or expiration of the Contract for any reason for a period of ten (10) years.

However, for information covered by professional secrecy, the Parties shall be bound by their confidentiality obligation for as long as such information remains in the public domain.

Each Party acknowledges in advance that any disclosure would seriously harm the interests of the Party affected by it. Consequently, the aggrieved Party shall be entitled to take legal action against the other Party, any co-authors or accomplices, and to claim damages in the event that these commitments are not fulfilled, for any reason whatsoever.

The data and information (in any medium whatsoever) provided by Purchasers and Users, as well as any documents of any kind resulting from their processing, enrichment, and improvement by J2S3, remain the property of the Purchasers and Users and under their responsibility.

J2S3 guarantees restricted access to the Texts; only service providers and infrastructure teams will be able to access them (for the purposes of performing the Service, debugging, and technical improvement of the service).

Each Party undertakes, both with regard to the content of the provisions of this Agreement and to the information of the other Party that it may become aware of in the course of the negotiation and performance of said Agreement, that such information is sensitive, particularly in financial, ethical, economic, technical, commercial, or concerning the techniques, means, and processes of the Parties, or declared as such by the other Party (hereinafter, “Confidential Information”), whether such information has been delivered in writing, orally, or by any other means, to:

• keep it strictly confidential and refrain from communicating it to anyone, except for purposes strictly necessary for the proper performance of the Agreement;
• refrain from exploiting it, directly or indirectly, or allowing its exploitation by third parties under their control, for any purpose other than the proper performance of the Agreement.

The term “Confidential Information” covers any document of any kind, information, data, design, concept, trade secret, and know-how other than those for which one of the Parties can prove that they:

• Already known to the Parties at the time of disclosure, without any obligation of confidentiality;
• Were, at the time of transmission, in the public domain or have subsequently fallen into the public domain without the involvement of either Party;
• Have been legitimately obtained from a third party, without restriction or violation of this confidentiality obligation;
• Have been developed independently by one of the Parties;
• Have been disclosed pursuant to a legislative or regulatory provision;
• Have been communicated by one of the Parties to third parties without any confidentiality obligation.

13. Protection of Personal Data

1. Personal Data contained in the Texts

In the course of performing the Service, J2S3 may receive Personal Data contained in the Texts (hereinafter the “Data”). This Data may concern the User or any other natural person and may be of any nature.

The User is not authorized to include in the Texts:

• Personal Health Data, i.e., personal data relating to the physical or mental health of a natural person, including the provision of healthcare services, which reveal information about that person’s health status;
• Personal Data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, sex life or sexual orientation, health, offenses or convictions of any kind, including criminal offenses;
• INSEE numbers.

In general and as far as possible, Users are advised to delete or not include Personal Data in the Texts.

The User and/or Purchaser is the Data Controller within the meaning of the legislation and guarantees to J2S3 that this processing is lawful and complies with the legislation on Personal Data. J2S3 acts as a Processor for the User or Purchaser within the meaning of the legislation on Personal Data. The User/Purchaser guarantees J2S3 against any action or claim that may be brought against J2S3 by the persons concerned as a result of a breach by the User or Purchaser of its obligations in this regard.

The User/Purchaser authorizes J2S3 to process the Data on its behalf to the extent necessary to provide the Service.

For the purposes of the proper performance of the Services, J2S3 is required to process the Data, in particular to receive, consult, modify, copy, save, and/or restore the Data.

Furthermore, J2S3 is authorized to subcontract all or part of the processing of the Data for the purposes of the Services, in particular for hosting purposes, to a third party of its choice. The Data will remain hosted in France or in a European Union country.

The User/Purchaser is informed that J2S3 uses a recognized publisher of language solutions for the correction Service. The Texts are communicated to this publisher, who keeps them for 15 days for correction purposes.

The publisher then automatically deletes any identifying data present in the Texts and keeps them for the purposes of debugging and improving the correction Service.

For the duration of the Services and as long as J2S3 remains in possession of the Data, J2S3 undertakes, in its capacity as a subcontractor, to:

1. implement all technical and organizational measures to ensure an adequate level of security, taking into account the sensitivity of the Data, the risk involved, and the state of technical knowledge;
2. process the Data solely for the purpose of performing the Services and on the documented instructions of the User/Purchaser, of which the GTCU form part;
3. if one or more of the User/Purchaser’s instructions could constitute a violation of the provisions of the Regulation or a violation of European Union law on personal data, immediately inform the User/Purchaser;
4. assist the User/Purchaser as far as possible in order to enable the persons concerned by the Data to exercise their rights under the legislation on personal data;
5. inform the User/Purchaser of any Data breach as soon as possible after becoming aware of it, and assist them in their obligations to notify the supervisory authority or the persons concerned; the User/Purchaser is solely responsible for this notification;
6. assist the User/Purchaser, to the extent possible, in conducting impact assessments and in prior consultation with the supervisory authority, such assessments being intended to determine in advance the risks that a particular processing operation may pose to the rights and freedoms of the persons concerned;
7. on the instructions of the User/Purchaser and without delay, delete Texts containing Personal Data from all media on which they appear, not keep any copies in any form whatsoever, not make any subsequent use of them, and provide written justification for their destruction;
8. upon expiry of the Services, permanently delete the Texts containing the Data from all media on which they appear and retain no copies, unless EU or French law requires the Data to be retained for a longer period;
9. provide the User/Purchaser with all the information necessary to demonstrate compliance with the obligations arising from this agreement, and, if necessary, allow an audit to be carried out for this purpose, either by the User/Purchaser or by any third party appointed by them;
10. ensure that its own subcontractors comply with the same Data protection obligations as those contained in this article.

J2S3 acts as the data controller with regard to the Personal Data of Users that it collects and processes. The contact person at J2S3 is Mr. Éric Ly (eric.ly@merci-app.com).

The purpose of the computerized processing of this personal data collected by J2S3 is to manage subscriptions and the customer/user file and to perform the Services.

In accordance with the French Data Protection Act, Users have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning them.

J2S3 undertakes to implement the appropriate technical and organizational measures to guarantee a level of security appropriate to the risks presented by the processing (Data hosted in France by a third-party service provider Use of end-to-end SSL (HTTPS) protocol)

Personal Data is kept for a period that does not exceed the time necessary for the purposes for which it was collected.

It is kept for varying periods of time depending on the purpose for which it was collected, namely:

Purpose Retention period

Data processed for the management and monitoring of the contractual relationship: Surname, first name, email address, and telephone number. The entire duration of the contractual relationship plus the duration of the legal limitations. The limitation period under common law in civil and commercial matters is five years from the end of the contract.

Sending newsletters to our buyers and Users and the possibility of collecting their opinions in the form of questions or free text so that they can express their needs, wishes, suggestions for improvement, or any other information likely to improve their experience with the product 13 months from the date of collection

Data processed to improve the user experience on our site and to benefit from the site’s features and services (cookies) 13 months from collection

Data processed for the purpose of compiling sales statistics 13 months after the end of the contractual relationship

Data processed for the purpose of analyzing and compiling statistics relating to the consultation and use of the site, the services, and the advertisements displayed on the site 13 months from collection

Data processed for the management of unpaid debts 5 years from the end of the debt collection procedure

Data processed for the management of disputes Duration of the procedure until the action for enforcement of a final court decision is time-barred.

Data processed for the characterization of customer profiles and the analysis of purchasing preferences 5 years after the end of the contractual relationship

Data processed for marketing analysis 13 months after the end of the contractual relationship

Data processed for accounting management The current financial year, plus 10 years from the end of the financial year.

Data processed for the management of the right to object Information enabling the right to object to be taken into account is kept for three years from the date on which the right to object is exercised.

Data processed for the improvement of service performance. 36 months after the end of the contractual relationship.

J2S3 undertakes not to store, host or archive, temporarily or permanently, directly or indirectly, the data transmitted by Purchasers and Users when using the Site and performing the Services, in a country outside the European Union or the European Economic Area, unless agreed otherwise.

J2S3 undertakes in particular to comply fully with the following obligations and to ensure that they are complied with by its staff, by any person acting under its authority, including, where applicable, any subcontractor:

– Not to use the documents and information processed for purposes other than those specified in these GTCU;

– Not to disclose these documents or information to other persons, whether private or public, natural or legal, except those involved in the performance of the Service.

J2S3 shall ensure that persons authorized to process data on behalf of Purchasers and Users are subject to a strict obligation of confidentiality.

In the event of termination of the Contract, for any reason whatsoever, J2S3 undertakes to provide Purchasers, upon their written request expressly referring to this provision, within thirty (30) days of receipt of such written request, with an extract of their Personal Data as recorded on the date of termination of the Contract, extracted in accordance with market standards.

1. Subcontractors

The following table lists the main subcontractors as of the date of signature of the Contract:

J2S3 undertakes to:

• Not to recruit any new subcontractors for the processing of Personal Data without first informing the Purchaser and giving them the opportunity to comment within fifteen (15) days.
• Require in writing that each subcontractor engaged by it to process the Data covered by the Contract complies with the obligations of the GDPR.

Only in the context of the Buyer’s subscription to the optional feature integrating the use of artificial intelligence features based on LLM, J2S3 uses Microsoft, which hosts all data in France and which may, in exceptional circumstances, transfer some of it to the United States as a second-tier subcontractor, which the Buyer expressly acknowledges and accepts.

1. Transfer of data outside the European Union

J2S3 undertakes not to process personal data outside the European Union without the prior written consent of the Buyer.

14. Disputes

When J2S3 is authorized by the Buyer to transfer data outside the European Union to a country recognized as having an inadequate level of protection, it shall ensure that this transfer is governed by standard contractual clauses adopted by the European Commission or a data protection supervisory authority.

1. Prior complaint

In the event of a dispute, you must first contact the company’s customer service department by email at contact@merci-app.com.

15. Applicable law

This contract and the GTCU governing it are subject to French law.

In the event that a translated version of the Contract conflicts with the French version, the French version shall prevail. Within the limits provided for by the law in force, any dispute concerning its validity, interpretation, or execution shall be subject to the exclusive jurisdiction of the Courts of Paris, including in the event of a warranty claim or multiple defendants.

16. Subcontracting

J2S3 may subcontract all or part of its rights and obligations under the Contract to any third parties of its choice, whether they are established within the European Union or, if outside the European Union, are established in an adequate country or offer appropriate guarantees within the meaning of the GDPR, and in strict compliance with the provisions of Law No. 75-1334 of December 31, 1975. Where applicable, J2S3 shall remain the sole point of contact for Purchasers and Users.

17. Contact

For any requests, Buyers and Users may write to J2S3 SASU – 295 boulevard Saint Denis, Courbevoie, France or contact customer service by email at contact@merci-app.com.