LemonWay T&C
General Terms and Conditions of Use of Payment Services
Concluded between the Holder on the one hand and,
Lemon Way, SAS with a capital of 860.232,53 €, SIREN number 500 486 915, domiciled at 14 rue de la Beaune, 93100 Montreuil, in France (hereinafter referred to as "Lemon Way"), approved on 24/12/2012 by the Autorité de Contrôle Prudentiel et de Régulation ("ACPR", France, website http://acpr.banque-france.fr/) 61 rue Taitbout 75009 Paris, as a Hybrid Payment Institution, under the number 16 568 J, on the other hand.
The Framework Agreement for Payment Services is composed of the present Terms and Conditions.
These documents form an indivisible whole and govern the terms of use by the Cardholders of the Payment Services provided by LEMON WAY.
The Cardholder may at any time consult them, reproduce them, store them on his/her computer or on another medium, transfer them by e-mail or print them on paper so as to keep them. The Holder can also obtain a copy by post at his address free of charge on request to LEMON WAY.
At any time, in accordance with the law, it is possible to check the approval of LEMON WAY on the regafi.fr website, as a payment institution. The website of the payment institution LEMON WAY is the following: www.lemonway.com
The present "General Terms and Conditions of Use for Payment Services" or " T&C " can be consulted at any time on the Website (https://www.LemonWay.com). They govern the terms and conditions for the opening of a Payment Account by LEMON WAY on behalf of the Cardholder and the provision of payment services. The Cardholder is invited to read them carefully before accepting them.
The terms used in these T&C shall, when used with the first letter in capital letters and regardless of whether they are used in the singular or plural, have the meaning defined below:
The Holder must comply with the procedure for opening a Payment Account described below.
3.1 - Prior declarations by the Account holder
The Account Holder, a legal entity or a natural person of legal age, expressly declares that he/she has the capacity and/or has received the authorizations required to use the Payment Services provided by LEMON WAY and guarantees LEMON WAY against any liability that may result from a false declaration.
The Cardholder declares that he/she is acting on his/her own behalf. The Cardholder is obliged to use the services provided by LEMON WAY in good faith, for lawful purposes only, and in compliance with the provisions of the Master Agreement.
The Holder declares that he/she is a resident of France or of the European Economic Area.
The Partner declares that he/she is registered, carries out and markets his/her activity in France or in a State that is part of the European Economic Area in accordance with LEMON WAY's approval.
For any other country of residence or registration, LEMON WAY reserves the right to examine the application to open a Payment Account in order to comply with the geographical scope of its approval. The list of countries in which LEMON WAY's Payment Institution approval is held is available at any time on the website www.regafi.fr
The Cardholder declares that he/she complies at all times with the VISA and MASTERCARD rules, in particular as regards his/her activity. An activity declaration and risk classification form is given to the Partner at the beginning of the relationship and signed by the Partner. At all times, the activity must be legal and in accordance with the nature of the activity declared in the said form. Activities, even legal ones, that are not accepted by LEMON WAY, are listed on the said form.
3.2 - Transmission of identification documents
The prospect, a legal entity, who wishes to become a Payment Account holder, provides the following information in particular :
a description of the business, an identification document or equivalent under foreign law, the company's articles of incorporation, certified as true to the original by the manager,
proof of identity and residence of the corporate officer signing the Framework Agreement,
the list of persons holding more than 25% of the company's capital.
A prospect constituted in the form of an association and wishing to become a Payment Account holder shall send the following documents in particular
a copy of a valid identity document of the corporate officer signing the Framework Agreement, legible and acceptable to LEMON WAY,
a proof of residence of the signatory less than three months old (water, gas, electricity, fixed-line telephone or ADSL or cable TV bill, or proof of tax payment received within the last three months, or rent receipt with full details of the lessor)
a copy of the association's authorization,
the statutes of the association.
The individual prospect who wishes to become a Payment Account Holder must submit the following documents in particular:
A copy of a valid and legible identification document acceptable to LEMON WAY, such as an identity card or passport,
A proof of residence of the signatory less than three months old (water, gas, electricity, fixed line or ADSL telephone operator or cable TV bill, or proof of tax payment received within the last three months, or rent receipt with full details of the landlord).
It is specified that for any prospect or Holder the following documents may be requested:
prior to certain transfers debited from the Payment Account, a copy of the first page of the bank statement attesting to the direct debit of the Beneficiary's account.
above a certain threshold, a copy of a second ID document.
The Account Holder may authorize a third party in writing or on a durable medium to transmit these documents to LEMON WAY on his behalf. The Account Holder will indicate in the Account opening form the name of the commercial company designated for this purpose. LEMON WAY reserves the right to ask for any other document or additional information, to enable it to carry out the necessary checks to comply with its legal obligations, including the fight against money laundering.
The Cardholder agrees that the Partner site may send these documents to LEMON WAY by electronic mail (email to [email protected]), by computer transmission and uploading to LEMON WAY's computer systems or by post to the address of its headquarters indicated on the first page.
3.3 - Signature of the Framework Agreement
The Payment Account opening form must be signed by the Account holder after having read the provisions of the Framework Agreement. To this end, the Account Holder may either sign a printed version by post to LEMON WAY headquarters, or use the electronic signature module available on the Partner Site. However, if the Cardholder is acting in the context of his professional needs, he may be offered to accept the Framework Agreement by any other means. The latter acknowledges having carefully read, understood and accepted the Framework Agreement in its entirety.
3.4 - Acceptance of the opening of a Payment Account
LEMON WAY may refuse to open a Payment Account for any reason without having to justify its decision. This decision cannot give rise to any damages.
The Partner Site can send the acceptance or refusal of the opening of the Payment Account to the Account Holder by sending an email. The Holder may, as of this acceptance, identify himself on the Partner Site to note that his Payment Account is open.
4.1 - By check, transfer or credit card
The Account Holder can fund his Payment Account by bank transfer, by cheque endorsed to the order of LEMON WAY or by bank card from an account opened in his name by a third party PSP with a view to transferring the funds by transfer to another Account Holder's Payment Account. These two Payment Transactions are deemed to be inseparable.
LEMON WAY may refuse the registration of the bank or payment card or cancel this backup at any time for security reasons. In this case, the Cardholder must enter the bank card or payment card numbers each time he/she adds funds to his/her Account.
LEMON WAY sets limits that may be more restrictive than the Cardholder's limits, in the interest of the Cardholder's protection. Single, daily, monthly and yearly limits, as well as all forms of restrictions, are applied by Lemon Way to prevent fraud.
The Cardholder is informed that any Payment Transaction that may exceed the applicable limits will be automatically rejected by LEMON WAY.
Any bank or payment card Transaction that is unpaid, rejected or stopped will have its amount automatically deducted by Lemon Way from the net balance of the Payment Account. If the net balance is insufficient, LEMON WAY is authorized to use all remedies against the Cardholder to recover the amount due. In addition, LEMON WAY shall be entitled to refuse to execute all future cash remittances made with the card that gave rise to the incident.
LEMON WAY will also debit the Cardholder's Payment Account for rejected Payment Transactions and other fines that may be imposed by VISA or MASTERCARD.
4.2 - Time limits for entering funds on the Account
LEMON WAY will deposit the funds resulting from the acquisition of a Payment Order by card or by transfer as soon as possible and at the latest at the end of the business day during which they were received by LEMON WAY in accordance with point 4.1
5.1 - Initiating a Payment Order
LEMON WAY provides a payment service allowing Account Holders with a Payment Account to instruct LEMON WAY to execute a transfer provided that the Provision in the Account is greater than the total amount of the transfer (including fees). In case of insufficient Provision, the Payment Order will be automatically refused.
The available Provision is the net balance of the Payment Account excluding the blocked Provision and the pending Transactions. The amount of the blocked Provision is determined by LEMON WAY in order to cover possible reversals resulting from a disputed Payment Order. Such a dispute may occur within 13 months of the transaction being debited to the Account.
The Payment Order shall contain the following information:
the amount in euros ;
the full name of the Beneficiary;
the Beneficiary's account number opened in the books of the Beneficiary's PSP.
The Account Holder acknowledges that if the currency of the Payment Account differs from the currency of the Payee's account to which the funds are to be transferred, the Payee's PSP will charge a currency exchange fee. It is the responsibility of the Partner and the Payee's PSP to inform the Payee prior to any acquisition of a Transfer Order of the exchange rate charged, the fees and the execution time. This information shall be transmitted to the Payee by the Partner.
LEMON WAY cannot be held responsible if the bank details transmitted for the transfer requests are incorrect or not updated.
5.2 - Irrevocability of a Payment Order
The Payment Order validly given by a Holder is irrevocable as of the entry of a single-use code in accordance with 5.1, and the Holder may not request its cancellation.
It is specified that the Holder may initiate a grouped Order comprising a transfer of funds by Card initiated in accordance with point 4.1 above and a Payment Order by transfer to the Payment Account of a designated Beneficiary on a given date. The Payment Order will be deemed irrevocable as of the entry of the card data as described in 4.1.
5.3 - Ceiling amounts and applicable limits
The Cardholder is subject to the following standard limits:
If the Cardholder is an Individual, he/she is informed that a limit of 2,500 euros per calendar year and 250 euros per expenditure may be applied. In order to use the Payment Account beyond these amounts, LEMON WAY will ask the Cardholder for additional identification documents.
If the Account Holder is a legal entity, LEMON WAY will systematically request all required identification documents before opening the Payment Account.
Any Payment Transaction that may result in the cumulative monthly payment amount exceeding the applicable limits will be automatically rejected by LEMON WAY.
LEMON WAY may activate other limits or block Orders at any time in case of risk of fraud.
LEMON WAY reserves the right to reverse a Payment Transaction, if the credit or debit card transaction used to credit the Payment Account in order to carry out this transaction is rejected or cancelled by the card issuer.
5.4 - Execution time
The maximum execution times for payment services, in accordance with the Order of 29 July 2009, implementing Article L.314-2 of the Monetary and Financial Code, are as follows
a Payment Transaction initiated on a business day will be executed at the latest by Lemon Way on the next business day if it is made in euros to a credit institution located in a Member State of the European Union;
a Payment Transaction initiated on a business day will be executed by LEMON WAY at the latest by the end of the said business day if it is made in euros to another Payment Account.
6.1 - Per transaction
When a Payment Transaction is carried out, LEMON WAY or the Partner site automatically sends an email confirming the Transaction to the Cardholder who initiated the Payment Order. This email includes all the information relating to the Payment Transaction that was communicated to LEMON WAY, such as: the identity of the Beneficiary, the description of the Payment Transaction, its amount, the date and time of the Payment Transaction as well as any special payment conditions.
6.2 - Statements
All Payment Transactions are included in a statement drawn up in real time for each Payment Account. The Cardholder may consult the statement on the Partner site.
The Cardholder shall have access to the Payment Account statements showing all Payment Transactions debited and credited to this account.
The consultation period is maintained for two (2) years, plus the current year. LEMON WAY will keep the records and documents of the Payment Transactions carried out on an electronic archiving support, for the applicable regulatory periods.
The Master Agreement shall come into force upon acceptance hereof by the Holder for an indefinite term.
The Holder has a period of fourteen (14) calendar days to cancel the Master Agreement without charge, if it meets the conditions of Article D 341-1 of the French Monetary and Financial Code for legal entities or if it is an individual. This period shall run from the day on which the Master Agreement is concluded, i.e. the day on which the Holder has accepted these General Terms and Conditions. During this cancellation period, performance of the Framework Agreement may only begin at the express request of the Holder. The Titleholder expressly acknowledges and accepts that any payment instruction sent to LEMON WAY before the cancellation period has expired constitutes an express request by the Titleholder to execute the Master Agreement. The Cardholder will therefore not be entitled to cancel a payment instruction given and confirmed during the cancellation period.
This right of cancellation may be exercised by the Holder without penalty and without giving any reason.
The Cardholder must notify LEMON WAY of his/her decision to cancel by registered letter with acknowledgement of receipt to the registered office of LEMON WAY before the expiry of the fourteen day period. If the Cardholder does not exercise his/her right of cancellation, the contract will be maintained in accordance with the provisions of these General Terms and Conditions. In order to terminate the Framework Agreement, the Cardholder must comply with the termination conditions of article 18.
Complaints concerning the relationship between two Cardholders or between a Cardholder and a third party are not admissible by LEMON WAY. Only those relating to the absence or poor execution of a Payment Transaction executed by LEMON WAY are covered by this article and by the Master Agreement.
Complaints (disputes, rights of opposition, access and rectification, etc.) can be made free of charge by sending a request to LEMON WAY by e-mail to the following address: [email protected] or by mail to the following address
Company LEMON WAY
Service Réclamation
14, rue de la Beaune
93100 Montreuil
FRANCE
Any dispute or request relating to :
information provided by LEMON WAY under the Framework Agreement,
an error in the execution of the Payment Services or its non-execution,
an error in the deduction of commission, tax or fees by LEMON WAY,
must be notified to LEMON WAY by the Cardholder as soon as possible after the day on which the Cardholder became aware of it or is presumed to have become aware of it, or within any longer period provided for by special provisions or by law.
In accordance with ACPR recommendation 2011-R-05 of 15 December 2011, an acknowledgement of receipt will be sent within a maximum of ten days. Claims will be processed within a maximum of two months from the date of receipt.
A claim form is also available on our website: http://www.lemonway.fr/reclamation
In the absence of an amicable agreement, the Holder acting for non-professional purposes may address, by letter, to an independent mediator, which may be seized free of charge in the event of a dispute arising from the application of the present, the Mediator of AFEPAME, 36 rue de Taitbout 75009 Paris, and this without prejudice to other legal avenues.
9.1 - Obligation of notification
The Cardholder must immediately inform LEMON WAY of any suspected fraudulent access or use of his/her Payment Account or of any event that could lead to such use, such as, but not limited to, the loss, accidental disclosure or misappropriation of his/her Payment Account details or an unauthorized transaction.
This notification must be made by sending an e-mail to the following address: frau[email protected] and be confirmed by mail to the following address
LEMON WAY Company
14 rue de la Beaune
93100 Montreuil
France
9.2 - Prevention
LEMON WAY will make its best efforts to prevent any other use of the Payment Account. The Partner also has its own means of secure communication with the Cardholder under its own responsibility.
9.3 - Use of cookies
LEMON WAY informs you that as part of the Payment Services, cookies (files sent by the LEMON WAY server and stored on the hard disk of the Internet user's computer) may be used. These cookies are primarily used to improve the operation of the Payment Service, particularly in terms of speed.
The Cardholder is informed that he/she can refuse cookies from LEMON WAY in his/her browser settings, but that this may alter his/her use of the Payment Services.
9.4 - Interruption of Payment Services
LEMON WAY undertakes to use all reasonable means at its disposal to ensure continuous service. However, LEMON WAY does not guarantee continuous, uninterrupted access to the Payment Services. Consequently, LEMON WAY shall not be held responsible for delays and/or the total or partial non-accessibility of the Payment Services, when they result from factors beyond LEMON WAY's reasonable control.
The Cardholder is informed that LEMON WAY may occasionally interrupt access to all or part of the Services to allow for repairs, maintenance, or added functionality,
in case of suspected hacking attempt, embezzlement or any other risk of infringement,
upon request or instruction from authorized persons or authorities.
LEMON WAY can in no way be held responsible for any damage resulting from these suspensions.
As soon as the service resumes normally, LEMON WAY will make reasonable efforts to process the pending Payment Transactions as soon as possible.
9.5 - Opposition to the security device
The Cardholder may object to the security system by contacting LEMON WAY by email at [email protected] or by telephone at +33 1 48 18 19 30
A registration number for this objection is created and kept for 18 months. Upon written request from the Cardholder and before the expiry of this period, LEMON WAY will provide a copy of this opposition.
LEMON WAY cannot be held responsible for the consequences of an opposition that does not come from the Cardholder. The opposition request is deemed to have been made on the date of effective receipt of the request by LEMON WAY or any person authorized by him/her for this purpose. In the event of theft or fraudulent use, LEMON WAY is entitled to request a receipt or a copy of the complaint from the Cardholder, who undertakes to respond as soon as possible.
LEMON WAY will block access to the Payment Account and will render the Holder's Payment Account login details inoperative. New credentials will be sent to the Cardholder, in the same way as they were sent the first time when the Payment Account was opened.
In accordance with article L. 133-22 of the French Monetary and Financial Code, LEMON WAY is responsible, subject to articles L. 133-5 and L. 133-21 of the Monetary and Financial Code, for the proper execution of the Payment Transaction with regard to the Payee until the funds are received by the Payee's third party PSP. When LEMON WAY is responsible for a Payment Transaction that was incorrectly executed due to its fault, LEMON WAY shall promptly return the amount to the Payee and restore the debited account to the situation that would have prevailed if the incorrectly executed Payment Transaction had not taken place.
The Cardholder acting for non-professional purposes who wishes to dispute a Payment Transaction that he/she has not authorized must contact the customer service department in accordance with Article 8 - as soon as possible after becoming aware of the anomaly and no later than 13 months after the Payment Transaction was recorded in the Account. In the event of use of the security device, unauthorized Payment Transactions carried out before notification of the stop payment are to be borne by the Cardholder acting for non-business purposes, up to a maximum of 150 euros. However, LEMON WAY shall not be liable in the event of a fault on the part of the Cardholder, such as a willful or grossly negligent failure to fulfill his or her obligations, late transmission of the stop payment or bad faith. In the event of misappropriation of its data or counterfeiting, losses resulting from Payment Transactions made before the stop payment by the Cardholder acting for non-professional purposes are covered by LEMON WAY, except in the case of fault as defined above. Payment Transactions carried out after the stop payment by the Cardholder acting for non-business purposes are covered by LEMON WAY, except in the case of fraud.
LEMON WAY is not entitled to cancel an irrevocable Payment Order at the request of the Titleholder.
In no case, LEMON WAY is responsible for any indirect damage, such as commercial prejudice, loss of customers, commercial disturbance of any kind, loss of profit, loss of brand image suffered by a Cardholder, or by a third party, and which could result from the Payment Services provided by LEMON WAY. Any action brought against a Cardholder by a third party is considered as an indirect loss, and consequently does not entitle the Cardholder to compensation.
Unless otherwise stipulated in these General Conditions or in mandatory laws and without prejudice to other causes of exclusion or limitation of liability provided for herein, LEMON WAY shall in no case be held liable for any damage caused by a case of force majeure or an event beyond its control or by any measure or legislative provisions taken by the French or foreign authorities. The following are deemed to constitute a case of force majeure or an event beyond its control, in particular, but without this being limitative: a power failure, a fire or a flood, a strike of its personnel or of one of its subcontractors or suppliers, a malfunctioning of the interbank or bank card payment systems, war, unrest, riots or occupation of the territory by foreign forces, negligence of a third party in the sense of the jurisprudence and doctrine such as the persons in charge of the delivery of electricity or of the telecommunications services.
11.1 Death
In the event of the death of the Account Holder, LEMON WAY must be notified as soon as possible by the beneficiaries or their proxy. If this notice is given verbally, it must be confirmed in writing. Upon receipt of this written notice, LEMON WAY will ensure that no new Payment Transactions are executed and will proceed to close the Account.
If the Provision held by LEMON WAY in the name of the deceased exceeds the costs of the withdrawal, it may be reimbursed to the beneficiaries only if the beneficiaries or their proxy produce evidence, in accordance with the applicable legislation, establishing the devolution of the estate and any other document that LEMON WAY deems necessary.
In the event of failure to make a transfer for any reason whatsoever, including failure to produce documentary evidence to LEMON WAY, the provisions of article 13.2 of these General Terms and Conditions will apply to the Provision.
11.2 Inactive Account
A Payment Account is deemed to be inactive if:
the Payment Account has not been the subject of any Payment Transactions for a period of twelve months during which, apart from the debit entry by LEMON WAY holding the account for fees and commissions of all kinds and
the Account holder, his/her legal representative or the person authorised by him/her has not contacted LEMON WAY in any way whatsoever, or
at the end of a period of 12 months following the death of the Account holder. The Holder and his/her assigns are hereby informed of the consequences thereof.
The assets registered on the dormant Payment Account are deposited at the Caisse des dépôts et consignations at the end of a period of ten years from the date of the last Payment Transaction, excluding the recording of debits by LEMON WAY taking into account all types of fees and commissions; except in the event of the death of the Account holder, where the assets registered on the dormant Payment Account are deposited at the Caisse des dépôts et consignations at the end of a period of three years after the date of the holder's death.
11.3 Power of Attorney
The Account Holder may give a person the power of attorney to carry out Payment Transactions on his/her Payment Account under his/her sole responsibility as defined in the power of attorney. The form is provided online on request and must be returned to LEMON WAY. The power of attorney will only take effect upon receipt by the latter of the duly completed form and subject to acceptance by LEMON WAY. This will be notified by any means. It automatically ceases on the death of the Account Holder. It can be revoked at the initiative of the Account Holder who informs the Agent and LEMON WAY by registered letter with acknowledgement of receipt. The cancellation takes effect on the date of receipt of the cancellation by LEMON WAY. The Account Holder remains liable for Payment Transactions initiated on his behalf up to this date by the designated agent.
The Account Holder expressly releases LEMON WAY from the professional secrecy relating to the Payment Account data with regard to the authorized representative designated by the power of attorney.
No intellectual property rights relating to the use of the Payment Service or the services provided by LEMON WAY are transferred to the Cardholder under these General Terms and Conditions.
The Cardholder undertakes not to infringe on the rights held by LEMON WAY, in particular by refraining from reproducing or adapting all or part of the intellectual and material elements of LEMON WAY and its accessories, whatever the current or future support.
All rights relating to the software used to implement the Payment Services are the full and complete property of LEMON WAY. They are part of its trade secrets and confidential information regardless of whether or not certain components are protected by intellectual property rights under current legislation.
LEMON WAY's software and, where applicable, its documentation, are recognized by the Holder as intellectual works that he and his staff members are obliged to consider as such and are forbidden to copy, reproduce, translate into any other language or language, adapt, distribute free of charge or for a fee, or add any object that does not comply with their specifications.
The " Lemon Way " brand is the property of the LEMON WAY company. The User agrees not to remove the mention of the " Lemon Way " brand on any element provided or made available by LEMON WAY, such as software, document or advertising banner.
The Holder undertakes to respect the strictest confidentiality concerning all technical, commercial or any other kind of information that he/she may become aware of in the context of the execution of the Payment Service.
This confidentiality obligation shall remain in effect for the duration of the subscription to the Payment Service and for three years following the date of termination of the Master Agreement. This confidentiality obligation shall not apply to information that is or becomes publicly available through no fault of the Cardholder.
The Parties acknowledge that Payment Transactions are covered by professional secrecy pursuant to Article L.519-22 of the Monetary and Financial Code.
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016, and with the French Data Protection Act of January 6, 1978 as amended, Lemon Way informs you:
14.1 Identification of the Data Controller
Company LEMON WAY SAS, headquarters located at 14 rue de la Beaune, 93100 Montreuil - France, Tel: + 33 (0) 1 48 18 19 30.
14.2 Data Protection Officer
You can reach the Data Protection Officer at the following e-mail address: [email protected] and at the following telephone number: + 33 (0)1 48 18 10 41.
14.3 Purpose of processing
Within the framework of the operation of the Site and our services, the purpose of the processing of personal data is the management of customers, the creation and management of accounts, the management of contracts, the management of cancellations, the management of disputes, the management of the Internet site, mailing, communications, the creation of accounts anti-money laundering and anti-terrorist financing verifications, prospecting, customer knowledge management, statistics, management of requests concerning the rights of individuals, implementation of partners, support management.
14.4 Nature of the data
Lemon Way collects directly and indirectly the following categories of data concerning its Users:
Civil status data, identity data, identification data...;
Data related to professional life (CV, education, professional training, ...);
Economic and financial information (income, financial situation, tax situation...);
Connection data (IP addresses, event logs, etc.).
14.5 Data source
Lemon Way collects personal data directly through a contract, a legal obligation, the consent of the person or the legitimate interest of the company.
Lemon Way also collects personal data indirectly in order to comply with regulations concerning the fight against money laundering and the fight against the financing of terrorism.
14.6 Consent of the person
Where the individual has given consent for the collection of his or her personal data, the individual may withdraw consent at any time. You can withdraw your consent via [email protected].
14.7 Legitimate Interest in Processing
When Lemon Way collects and uses personal data on the basis of legitimate interest, the purpose of this interest is to prospect for clients and develop the number of its partners.
14.8 Scoring
Scoring is implemented only in the fight against money laundering and the fight against the financing of terrorism.
14.9 Data Recipients
The recipients of your personal data are the authorized employees of Lemon Way, the supervisory authorities, our partners and our subcontractors. Your personal data may also be disclosed in application of a law, a regulation or by virtue of a decision of a competent regulatory or judicial authority.
14.10 Retention period
Personal data collected by Lemon Way are kept for the time necessary for the purpose of processing. Beyond this period, it becomes an intermediate archive or is anonymized and kept for statistical and historical purposes.
Purges concerning your personal data are set up in order to verify the effective deletion as soon as the conservation or archiving period necessary for the achievement of the determined or imposed purposes is reached.
14.11 Rights of individuals
In accordance with the provisions in force, you have rights concerning your personal data that you can exercise by writing to the postal address mentioned in point 1 and addressing it to the DPO or by writing to [email protected]
Right of access
You have the right to access your personal data. However, for security and confidentiality reasons, your request can only be processed if you can prove your identity.
Lemon Way can oppose or set up a billing for the obviously abusive requests (important number of requests, repetitive or systematic character).
Right of rectification
You have the right to ask for the rectification of your personal data when they are inaccurate, erroneous, incomplete or obsolete.
Right to limitation
You have the right to request the limitation of your personal data. When the right to limitation is requested, Lemon Way will only store the data. No other operation will take place.
Right to portability
You have the right to request the recovery of the personal data you have provided to Lemon Way, in a structured, commonly used and machine-readable format, in order to transmit them to another data controller. This right can only be used if the processing of your data is based on the consent of the data subject or on a contract.
Right to object
You have the right to object to the use of your data in two situations:
- You have legitimate reasons;
- You have legitimate reasons;
Right to erasure
You have the right to request the erasure of your data as soon as possible if one of the grounds of Article 17(1) of the European Data Protection Regulation applies.
If the data subject's data has been transferred to other entities, the "right to be forgotten" mechanism is triggered: the controller will have to take all reasonable steps to inform the other entities that the data subject has requested the erasure of any links to, or copies or reproductions of, his/her personal data.
Post-Mortem Rights
You have the ability to set forth instructions regarding your personal data after your death. In this case, your heirs may request that the death be taken into account or that updates be made.
14.12 Response Time
Lemon Way undertakes to respond to your request for access to your personal data or to exercise your rights within 1 month of receiving your request.
14.13 Data Transfer
Lemon Way uses an authorized service provider located in the European Union.
In case of transfer to a third country, Lemon Way respects the European regulation on data protection by having recourse to partners or subcontractors presenting adequate guarantees through an adequacy procedure, standard contractual clauses or internal company rules.
14.14 Commission Nationale Informatique et Libertés (CNIL)
If you consider that Lemon Way does not comply with its obligations under the French Data Protection Act or the European Data Protection Regulation, you may file a complaint or a request with the competent authority. As Lemon Way's headquarters are located in France, the competent authority is the Commission Nationale Informatique et Libertés. You can contact the Commission Nationale Informatique et Libertés electronically via the following link: https://www.cnil.fr/fr/plaintes/internet.
Communications made by electronic mail are validly accepted as proof by the Account Holder and LEMON WAY.
All information recorded in LEMON WAY's computer databases relating in particular to Orders and Payment Transactions have, until proven otherwise, the same evidential value as a written document signed on paper, both as regards their content and as regards the date and time at which they were made and/or received. These unalterable, secure and reliable traces are engraved and stored in LEMON WAY's computer systems.
LEMON WAY's documents reproducing this information, as well as copies or reproductions of documents produced by LEMON WAY have the same probative force as the original, until proven otherwise.
The temporary and immediate suspension of a Payment Account can be pronounced by LEMON WAY for any reason at LEMON WAY's discretion and in particular :
if the Account Holder has not complied with the provisions of the Master Agreement,
if the Titleholder has provided LEMON WAY with inaccurate, outdated or incomplete identification data,
in the event of a risk of fraud, money laundering or terrorist financing or a risk that could affect the security of the Payment Account
in the event of a significantly increased risk of the Cardholder being unable to fulfil his payment obligation
in the event of receipt by LEMON WAY of a large number of refunds, cancellation of Orders or challenges for unauthorised Orders.
This decision is motivated and notified to the Holder by any means. As the suspension of the Payment Account is intended to protect the Account Holder, it may not under any circumstances give rise to the payment of damages to the Account Holder.
Reactivation of the Payment Account will be at the discretion of LEMON WAY.
Depending on the seriousness of the breach of the Master Agreement and in particular if the Beneficiary has sold illicit Products, LEMON WAY reserves the right to terminate the Master Agreement in accordance with the provisions of Article 19.
The Cardholder may terminate the Framework Agreement by right, which will result in the closure of his/her Payment Account, by registered letter with acknowledgement of receipt, subject to a notice period of one month. The Cardholder must maintain sufficient funds to ensure the proper completion of the Payment Transactions in progress for the time required to settle them and to pay the fees due by him/her.
LEMON WAY may terminate the Framework Agreement by right, which will result in the closure of the Payment Account, by registered letter with acknowledgement of receipt, giving two months' notice.
In the event of a serious breach by one Party, the Framework Agreement may be terminated with immediate effect by simple written notification by the other Party. Serious breaches by the Licensee are understood to include: communication of false information; carrying out an illegal activity, contrary to good morals, money laundering or financing of terrorism; threats against employees of LEMON WAY or the Partner site; failure to pay; non-compliance with an obligation of the Holder under this Agreement; termination of relations between the Holder and the Partner site; overindebtedness or for legal entities appointment of an ad hoc trustee, judicial administrator, opening of a recovery or liquidation procedure Serious breaches by LEMON WAY are understood to mean: communication of false information; failure to comply with an obligation under this Agreement; appointment of an ad hoc trustee, a court-appointed administrator, or the opening of reorganization or liquidation proceedings.
In the event of a change in the applicable regulations and their interpretation by the relevant regulatory authority affecting the ability of LEMON WAY or its agents to execute Payment Transactions, the Master Agreement will be automatically terminated. The Account Holder will no longer be able to send Payment Orders from the effective date of termination. The Account may be maintained for a period of 15 months to cover any subsequent disputes and claims. Payment Transactions initiated before the effective date of termination will not be affected by the termination request and must be executed under the terms of the Master Agreement.
Termination of the Master Agreement shall result in the permanent closure of the Payment Account. The closure of a Payment Account shall not give rise to any compensation, regardless of any damage caused by the closure of this Payment Account. The Account Holder whose Account has been closed by LEMON WAY is not authorized, unless expressly agreed by LEMON WAY, to open another Payment Account. Any Payment Account opened in violation of this provision may be closed immediately by LEMON WAY, without notice.
The Provision on the Payment Account to be closed will be transferred to the Account Holder according to his/her instructions, subject to any outstanding Payment Transactions and any future outstanding payments, bank rejections or stop payments. If a successor is appointed by Lemon Way, the Cardholder may be offered to close his or her Payment Account and transfer the Provision to a new payment account opened in the books of the institution appointed as successor.
LEMON WAY reserves the right to seek legal redress for any loss it may have suffered as a result of the breach of the Master Agreement. The closure of the Payment Account may give rise to charges within the limits of Article L. 314-13 of the Monetary and Financial Code.
Any proposed amendment to the Master Agreement shall be communicated to the Account holder on paper or on another durable medium no later than two months before the proposed date of application for its entry into force.
In the absence of a written objection by registered letter with acknowledgement of receipt sent to LEMON WAY by the Cardholder before the expiry of this two-month period, the latter is deemed to have accepted these modifications. In case of refusal of the proposed modification, the Titleholder may terminate the Master Agreement by written request without charge, before the proposed effective date of the modification. This request does not affect all debits (fees, dues, payments) for which the Cardholder remains liable.
In the event that administrative formalities are necessary for the execution of these General Terms and Conditions, LEMON WAY and the Titleholder will assist each other in the completion of these formalities.
If any of the non-substantial stipulations of the General Terms and Conditions are null and void with regard to a rule of law in force, they will be deemed to be unwritten, but will not lead to the nullity of these General Terms and Conditions.
The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to herein shall not be interpreted for the future as a cancellation of the obligation in question.
In case of difficulty of interpretation between any of the titles and any of the clauses of the General Conditions, the titles will not be taken into account.
The present General Conditions are governed by French law.
Unless otherwise stipulated, any dispute relating to their execution, interpretation or validity will be brought before the competent courts and tribunals, and by default in Paris.