Effective as of 06/28/2023
1 – Scope of application
The purpose of these General Terms and Conditions of Use (the “GTCU”) is to inform all Users of the rules governing use of the Platform. In this respect, the User must read these GTUs carefully, as by visiting the Platform and using its functionalities, the User acknowledges that he/she is contractually bound by these GTUs and agrees to abide by them in their entirety. These GCU take precedence over any prior agreement, exchange or arrangement between the User and the Company.
The Company reserves the right to modify these GCU at any time, in whole or in part. In the event of modification of the GCU, the User will be informed by the display of a pop-up when connecting to the Platform, and/or by receipt of an e-mail to the e-mail address communicated when registering on the Platform. The modified version of the GCU will come into force immediately.
If the User refuses the modifications made to the GCU, he/she is free to cease all visits to or use of the Platform.
The User may consult these GCU at any time on the Platform.
2 – Definitions
Subscriber: refers to any natural person over eighteen (18) years of age, with legal capacity to contract, who has taken out a subscription on the Platform.
Account: refers to the personal account that all Users must create in order to purchase the Services offered by the Platform via subscriptions or the Products.
Services: refers to the paid Services that Users can purchase via the Platform.
Products: shall designate all Products which may be offered for sale on the Platform by the Company.
Platform: refers to the website published by the Company, accessible at https://ohmypery.com.
User: refers to any user of the Platform, whether a Subscriber or not.
3 – Using the Platform
3.1 General information
The Company publishes the Platform, part of which is open to all Users, and part of which is reserved for Subscribers.
The part of the Platform accessible to all Users includes public information sections and allows any User to open an Account in order to subscribe to the Services offered by the Platform or to order Products.
The User undertakes to use the Platform in a lawful manner, in compliance with the laws and regulations in force. It is forbidden to reproduce, copy, sell, resell or exploit in any way whatsoever the content, videos, services, Protected Elements as defined in Article 11 of these GCU or the functionalities of the Platform without prior authorization from the Company.
3.2 Opening an Account
To take out a subscription and access the Services offered by the Platform, or to order Products, the User must first register free of charge on the Platform, by entering his/her e-mail address and choosing a password. The User guarantees the accuracy of the information provided for registration purposes, as the Company has no control over the veracity of this information.
The login and password are confidential and reserved for personal use, to the exclusion of any use that may be made of them by third parties. The User therefore undertakes to keep his/her login and password confidential and under no circumstances to pass them on to third parties. The User is presumed to be responsible for any action resulting from a connection to the Platform using his/her login ID, and the Company may under no circumstances be held liable for the consequences of such use.
In the event of a lost password, the User is provided with a dedicated “Forgot your password? You will be asked to enter your e-mail address and validate the page. Following validation of this page, an e-mail will be sent to the User at the address indicated, and the User will be asked to click on an activation link to verify the e-mail address. The User will be redirected to a page on the Platform where he/she can choose a new password.
In the event of unauthorized use of the password by a third party, the User is obliged to change his/her password via the dedicated page on the Platform.
3.3 Personal and non-commercial use
The User is entirely responsible for the use of his/her personal identification data. He/she undertakes to keep his/her identification details secret and not to divulge them in any form whatsoever. A User may only have one and only one account.
The Company has the right, at its absolute discretion, to suspend or terminate Users’ use of their profile. Any attempt to use the same personal identification details of a User simultaneously by several computers will result in the automatic termination of the User’s access to the Platform.
The Subscriber agrees not to use the Platform, messaging, groups or any other means of publication to send advertising emails or promote a brand or company.
4 – Paid services available on the Platform
The Company may offer Platform Users, at its own discretion, paid services and products, by any means it deems useful on the Platform, in accordance with the terms and conditions specifically detailed on the Platform and in the General Terms and Conditions of Sale.
5 – Internet usage rules
Use of the Platform is at the User’s sole risk.
The Company may provide, or third parties may provide, links to other websites or resources. Despite the vigilance of the Platform’s moderation, the Company has no control over websites or resources provided by third parties, and cannot be held responsible for the content, advertising, products or materials contained therein. It is the User’s responsibility to take all appropriate measures to protect his/her own data and software from contamination by any viruses circulating on the Platform. The Company may not be held liable for any damage sustained.
No user of the Platform may create a hyperlink to https://ohmypery.com without the express authorization and prior consent of the Company.
6 – Liability
The User acknowledges that the Company may not be held liable for any indirect damage resulting from the User’s use of the Platform (including loss of data, opportunities or reputation) or from the User’s inability to access the Platform, from the User’s use of elements contained on the Platform, including content posted by other Users, from any failure, error or interruption of the Platform, or from any computer virus transmitted via the network.
The Company endeavors to ensure that the content exchanged with all Users is as reliable as possible, but cannot give any guarantee as to all the information present on the community network, and consequently cannot be held liable for any loss or damage that may result from the use of the information present on this community network, nor for any errors or omissions therein.
Furthermore, the Company shall not be liable for any consequences resulting from the User’s breach of these GCU. In this respect, the User undertakes to indemnify the Company in the event of any action brought by third parties, or conviction of the latter resulting from the User’s actions.
7 – Newsletter
Subscribers who have opted to receive the Newsletter may at any time choose not to receive it, and may remove their address from the mailing lists by clicking on a simple unsubscribe link in the Newsletter e-mail or by sending an e-mail to contact@ohmypery.com.
8 – Closing an account
A User may stop using his or her Account at any time.
In the event of inactivity for a period exceeding two (2) years from the User’s last connection, the Company will contact the User to ask whether he/she wishes to maintain his/her Account or delete it.
9 – Protection of personal data
The Company is very concerned to respect the privacy of Users, and the confidentiality of their personal data, it thus undertakes to process personal data in compliance with applicable laws and regulations, and in particular Law No. 78-17 of January 6, 1978 relating to data processing, aux fichiers et aux libertés (hereinafter the “Loi Informatique et Libertés”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “RGPD”).
9.1 Purpose of processing
The Company may collect personal data concerning Users for the following purposes:
Account creation and administration, based on the Company’s legitimate interest in identifying and authenticating Users;
Processing and execution of orders for Services and Products by Users, such processing being necessary for the execution of a contract between the User and the Company;
Commercial prospecting and newsletters, based on the Company’s legitimate interest in promoting its offers and informing Users of its latest news;
Audience measurement and statistics, based on the Company’s legitimate interest in improving the Platform and the Services offered.
9.2 Recipients – Data transfers outside the EU
Users’ personal data is intended for use by the Company and may not be communicated to third parties for commercial purposes. In certain cases, this data may be communicated to the Company’s service providers and subcontractors, notably for IT purposes (storage/hosting, CRM, etc.), as well as to its external consultants, accountants and lawyers.
No personal data is transferred to a country outside the European Union.
9.3 Data retention
The User’s personal data is kept for as long as is necessary for the use of his or her Account; this personal data is definitively deleted when the User deletes his or her Account. Furthermore, if the Account is inactive for a period of two (2) years after the User’s last connection, the Company will contact the User to ask him/her whether he/she wishes to maintain his/her Account, or whether he/she wishes to delete it.
9.4 Exercising rights
Under the terms of the regulations, data subjects may exercise the rights detailed below at any time:
right of access: data subjects may request information on the nature, origin and use of their personal data. In the event of transmission of personal data to third parties, data subjects may also request information concerning the identity or categories of recipients;
right of rectification: data subjects may request that inaccurate or incomplete personal data be rectified or completed;
right to erasure: data subjects may request the erasure of their personal data, in particular if the personal data is no longer required for the purposes for which it is to be processed. The Company shall erase personal data as soon as possible, except in cases provided for by law;
right to restrict processing: data subjects may request that their personal data be made temporarily inaccessible in order to restrict future processing in the situations provided for by the Regulation;
right to object: data subjects may object to certain processing of their personal data on grounds relating to their particular situation, unless there are compelling legitimate grounds for the processing which override their interests, rights and freedoms, or for the establishment, exercise or defense of legal claims;
right to portability: in applicable cases, data subjects may request to receive the personal data they have provided to the Company, in a structured and commonly used computer format.
the right to communicate instructions as to the fate of your Personal Data in the event of your death.
The persons concerned may exercise these rights by sending an e-mail specifying the requested modifications to the following e-mail address: contact@ohmypery.com
Data subjects may also lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), based at 3 Place de Fontenoy – 75007 Paris, if they consider that a personal data processing operation does not comply with the applicable regulations.
10 – Use of cookies
The Platform may use cookies for the following purposes:
Improving Platform functionality: Cookies help provide enhanced functionality on the Platform. They can be used to remember User preferences, such as language selection, and to provide a personalized experience for Users.
Analyze use of the Platform: Cookies enable us to understand how Users use the Platform, including pages visited, time spent and any errors encountered. This information helps us to continually improve the Platform and provide relevant content.
Marketing and advertising: The Company uses cookies to present targeted advertisements to Users based on their interests and browsing behavior. Cookies help to show relevant ads and to limit the number of times the same ad is shown.
Cookies are small text files stored on the User’s computer or device when visiting the Platform.
By using the Platform, the User consents to the use of the following cookies in particular:
Essential cookies: These cookies are necessary for the operation of the Platform and cannot be deactivated in our systems. They are generally set in response to actions you perform, such as setting your privacy preferences, logging in or filling in forms.
Analytical cookies: These cookies enable us to collect information on how visitors use the Platform, in order to understand and improve its operation. These cookies do not collect personally identifiable information.
Marketing cookies: These cookies are used to track visitors to websites. They can be used to create a profile of their interests and display relevant advertising on other sites.
The User may deactivate cookies by adjusting his browser settings. However, he acknowledges that deactivating cookies may limit certain functionalities of the Platform.
11 – Protection of intellectual property rights
The Platform’s architecture, trademarks, logos, slogans, domain names, databases, videos, software, content and all other elements making up the Platform, without this list being exhaustive (the “Protected Elements”), are the exclusive property of the Company. Accordingly, the User is hereby informed that these GCU do not imply any transfer of intellectual property rights attached to the Platform or the Protected Elements to the User.
Any form of networking or redistribution, even partial, is prohibited. The right to use the information provided on the Platform is personal, reserved for the exclusive, personal, non-commercial and non-collective use of the User. It is not transferable in any way.
In particular, all Platform Users undertake not to extract, reproduce on any other medium, or copy, for commercial or non-commercial purposes, all or part of the information present on the Platform.
Violation of these provisions subjects the offender and any person responsible to the civil and criminal penalties provided for under French law.
The Company grants Users a free, personal and non-exclusive right of access to the Platform, exclusively for their private and non-commercial use, in accordance with the conditions defined herein.
12 – Guaranteed level of service on the Platform
The Company will use its best efforts to ensure that the Platform operates without interruption 24 hours a day, 7 days a week, except in the event of force majeure as defined by article 1218 of the French Civil Code and by the case law of French courts and tribunals.
In addition to those usually accepted by the jurisprudence of French courts and tribunals, the following are considered to be cases of force majeure: blockage of means of transport or of La Poste, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to Users.
If necessary, the Company reserves the right to limit or suspend access to the Platform in order to carry out any maintenance and/or improvement operations. In such an event, the Company undertakes to use its best efforts to inform users in advance by means of a general information message on the Platform’s home page of such maintenance and/or improvement operations.
As part of these maintenance and/or improvement operations, the Company undertakes to use its best efforts to make backups of User profiles so that they can be restored as they were on the date of said maintenance and/or improvement operations.
The Company cannot be held liable for any loss of content during maintenance and/or improvement operations.
The Company will use its best endeavors to secure access to the Platform, but cannot guarantee absolute security. The Company shall not be held liable for any malfunctions or damage inherent in the use of the Internet, such as disruption of service, external intrusion or the presence of computer viruses, or for breaches of computer security that may cause damage to Users’ computer equipment and data.
13 – Advertising
The Company reserves the right to insert on any page of the Platform or in its email communications advertising or promotional messages, contests or entertainment, or publications of advertisers. The Company shall be the sole judge of the form and conditions of such messages.
14 – Applicable law and dispute resolution
These GCU are governed by French law. Any translation of these GCU into a language other than French is provided for information purposes only. In the event of a discrepancy between the French version and another translated version, the French version shall prevail.
In the event of a dispute, the User undertakes to contact the Company directly in order to attempt to resolve the matter amicably.
Any dispute not amicably resolved in the context of a claim may be referred to the mediator. The User does not incur any costs in connection with any referral to a mediator.
The European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase, and then pass them on to the relevant national ombudsmen. This platform can be accessed via the following link: http: //ec.europa.eu/consumers/odr/
Should mediation fail, either party may bring the matter before the competent French courts.