General Conditions of Use of the STRACEO solution

 

Article 1 - Preamble

These General Conditions of Use apply to the STRACEO payment solution (hereinafter referred to as the Service or the Solution), issued by ARES, a simplified joint stock company registered under number 752 652 891 with its registered office at 18 Rue Pasquier 75008 Paris, France.

This Service offers you a virtual payment tool. By subscribing to our Service, the User undertakes to respect the General Conditions of Use. We recommend that you retain or print a copy of this document for your personal records.

 

Article 2 - Definitions

  • Bank Card or Card: means the currently valid bank cards (CB, VISA, MASTERCARD, AMERICAN EXPRESS) held by the User.
  • Personal data: means any information relating to a natural person that makes it possible to identify or to make that person identifiable, whether directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or one or more elements specific to that person’s physical, physiological, genetic, mental, economic, cultural or social identity.
  • Payment module: means the module made available by STRACEO.

  • Electronic Money: means value units, known as electronic money units, each representing a claim on the issuer, stored in electronic, including magnetic, form and accepted as a means of payment within the meaning of Article L. 311-3 of the French Monetary and Financial Code, by third parties other than the issuing institution. Electronic money shall be issued on the receipt of funds, for the purposes of making payment transactions as defined in Article L. 133-3 of the French Monetary and Financial Code.

  • Platform: means all websites participating in the STRACEO solution.

  • Digital Wallet: means the online service that allows Users to make online purchases or payments without providing their bank details, except when crediting their wallets.
  • Service(s): means all content and services available on all Platforms that Users can purchase via the STRACEO Solution.

  • STRACEO Solution or Service: means the interface linking Users with the Payment Module which allows them to access the contents and Services on the Platforms.

  • Transaction: means payment transactions, authorization requests (accepted or refused), cancellation requests, credit transactions and 3-D Secure authentication requests.

  • User: means any person over 18 years of age using the STRACEO Solution.

 

Article 3 - Description of the STRACEO Service

a. Multi-support tool

The STRACEO Solution allows Users to purchase paid content on all Platforms.

b. An online payment service

The STRACEO Solution contains a Payment Module which allows Users to make payments for purchases made on the Platforms.

The Solution offers several payment solutions and allows users to create an account in order to access paid content on the Solution’s Platforms.

Payment transactions will be executed immediately, or at the latest, by the end of the first working day following receipt of the payment order.

c. A virtual wallet service

The STRACEO Solution also allows Users to create a Digital Wallet that can be funded and used to pay for purchases made on the Platforms.

This Digital Wallet service is developed and managed by ARES and is accessible via the Solution on all Platforms.

Article 6 of the GCU details the terms of use of the Digital Wallet.

d. How the STRACEO Solution works

The STRACEO interface is displayed after Users have chosen the content they wish to access.

Users can then choose from several offers:

  • “unlock the service only”

  • “unlimited subscription”

  • “fund your wallet”

Users can choose their payment method after selecting one of the offers.

The purchase is finalized after the payment has been validated.

Users have the option to create an account (see Article 4) that can be recognized on all Platforms. Users can also enjoy the Service as a guest.

Bank details are only stored with the User’s consent (checkbox).

 

Article 4 - Creating an account

Users have the option to create an account, regardless of the payment solution chosen. In order to do so, Users must provide their email address in order to receive an email containing a link for completing the registration and selecting a password.

Clicking on the link directs Users to the Interface where they can choose a screen name (optional) and a password and enter the password confirmation. Before clicking on “validate and continue,” Users can choose to accept messages from STRACEO and its partners.

Users guarantee that all information provided during registration is truthful, accurate and up to date.

Users undertake to keep their password confidential and not to disclose it to third parties.

The creation of a personal account via the STRACEO Solution allows Users, via their personal space, to have access to:

  • the Personal Data they have provided;

  • the balance remaining in their Digital Wallet;

  • the Data relating to the registration of their Bank Cards;

  • their purchase history on the various Platforms.

In order to access their personal space, Users must authenticate themselves by using their username and password.

STRACEO will provide Users with a means to recover lost passwords.

Users must inform ARES of the loss or theft of their identifier, the misappropriation or any unauthorized use of their identifier or of their personal data as soon as they become aware of it, in order to request their account to be blocked.

ARES reserves the right to refuse to create a User account.

Users may terminate their account without notice.

 

Article 5 - Access conditions and security

In order to access the STRACEO Solution, Users must have a mobile phone, a tablet or a computer connected to a telecommunications network and a subscription which allows them to access the Internet.

Users must implement technical measures to protect their Internet access against attacks or viruses.

ARES cannot be held responsible for any defects or malfunctions in the telephone lines, hardware and software being used.

For its part, ARES has implemented all security measures in accordance with the state of the art and has chosen a reliable payment service provider that implements security rules in accordance with the regulations.

Connections to the STRACEO Solution are encrypted.

 

Article 6 - Terms and conditions for using the Digital Wallet

6.1. Conclusion of the Contract

The use of the Digital Wallet necessarily requires Users to create a personal account in order to manage the Electronic Money credited to the Wallet (see Article 4), as well as their acceptance of the GCU.

Once these steps have been completed, the Contract is established between ARES and the User (hereinafter referred to as the Contract).

6.2 - Withdrawal

In accordance with the law, you have a period of 14 calendar days from the conclusion of the Contract to withdraw from the Contract, without penalty. This right of withdrawal can be exercised without giving a reason, by sending an email to: support@straceo.com.

Users who exercise their right of withdrawal will not be required to pay any fees.

When you exercise your right of withdrawal, STRACEO will refund the balance of your electronic money account, excluding any transactions you have already carried out.

6.3 - Using the Digital Wallet

Once the Contract has been concluded, Users may credit their Digital Wallet with one of the suggested amounts by transferring funds to the STRACEO Solution in scriptural money.

These funds will be converted to electronic money.

Users must register their Bank Card information in order to be able to credit their Digital Wallet, namely their:

  • Card number;

  • Card expiry date;

  • Card security code.

Users may choose to register their bank card at the end of the payment procedure.

Users accept that the Card data, excluding the CVV (the three or four-digit security code on the back of the Bank Card), is retained when registering a Card. This data is retained solely for the purpose of recharging the electronic money account.

Users can register as many Bank Cards on the Solution as they wish.

Electronic money is a non-interest-bearing means of payment.

Users undertake to register only Bank Cards for which they are the holder and which have not expired. ARES cannot be held responsible for the fraudulent use of Bank Cards belonging to a third party.

Users will be able to choose the automatic re-credit option for their Digital Wallet. This means that if the Digital Wallet balance is insufficient to pay for a purchase, the Wallet will automatically be credited with the amount initially selected, by using the previously entered bank data. These amounts will be debited from the User’s bank account without a new authorization being requested.

If Users have not chosen this option and the balance of their Wallet is insufficient, they will be asked to credit their Wallet.

In order to use the Digital Wallet to make payments, Users are only required to be authenticated on their personal space. When Users have chosen the service they wish to purchase, they can simply click on the “prepaid account” button. Clicking on this button registers the Transaction and allows Users to access their purchase.

ARES reserves the right to refuse a Transaction.

6.4 - Digital Wallet refunds

Users are entitled to request a refund of the electronic units in their Digital Wallet at any time.

This request can be made via the User’s personal space and may include all or some of the units in the account.

The refund of the electronic units will be in the form of a transfer to the bank account for which Users have previously provided their bank information.

The refund will be free of charge and will be processed no later than the end of the first working day following the time of the refund request.

6.5 - Closing the Wallet

Users may close their Wallet upon simple request via email to: support@straceo.com.

ARES reserves the right to close accounts that have been inactive for more than 24 months.

 

Article 7 - Anti-money laundering

Under the provisions of the French Monetary and Financial Code, Users may not hold more than EUR 250 in their Digital Wallet.

For amounts above this threshold, and to address any suspicion of fraud, money laundering or illegal activity, ARES is entitled to verify the identity of the User, as well as the source of funds.

 

Article 8 - Consent to Transactions

Users shall give their consent to payment for the Service by:

  • entering the code and clicking on the “Validate” button for purchases by audio code,

  • calling the proposed number for quick call purchases,

  • entering their banking information and clicking on the “Pay” button for purchases by Bank Card.

Transactions cannot be withdrawn after Users have given their consent.

 

Article 9 - Disputes

If Users identify unauthorized or fraudulent transactions, they must notify ARES immediately by sending an email to: support@straceo.com. Users must notify ARES later than 13 months following the debit date or risk foreclosure.

Unless the User is at fault, ARES will immediately refund the User in the case of unauthorized transactions and, where applicable, restore the debited account to the status in which it would have been, had the payment transaction not taken place.

If after refund, it turns out that the transaction was actually authorized by the User or that the transaction was correctly executed, ARES reserves the right to reverse the improperly made refund amount.

 

Article 10 - Responsibility of ARES

ARES undertakes to implement all measures necessary for the proper functioning of the STRACEO Solution in order to guarantee the proper execution of Transactions as well as the security and confidentiality of the exchanged data.

ARES also undertakes to make its Solution available to Users, subject to the exceptions referred to in this article and in Article 7.

ARES is not responsible for any defect in the means of communication used by the User or for any inaccurate or incomplete information provided by the User.

ARES is not responsible for the theft, destruction or unauthorized communication of data resulting from unauthorized access to the STRACEO Solution.

Concerning its Digital Wallet service, ARES reserves the right to temporarily suspend access to the Solution for technical or maintenance reasons without such operations resulting in any right to compensation. ARES undertakes to limit this type of interruption to what is strictly necessary.

In any event, ARES is not responsible in the event of an event of force majeure within the meaning of Article 1218 of the French Civil Code. This includes natural disasters, fires, strikes, blackouts, shortages, war, power failures, telecommunication network failures and the loss of Internet connectivity caused by public or private operators.

 

Article 11 - Responsibility of the User

Users may freely choose the Services for which they use the STRACEO Payment Solution.

Each Transaction shall result in the creation of a contract between the User and the Platform.

The User undertakes to comply with the GCU.

Users are solely responsible for the use made of their Bank Card, fixed or mobile telephone and their Internet access.

Furthermore, Users are solely responsible for accessing their personal space, which they must protect by using a strong password.

In the event of suspicion of fraud or serious violation of the provisions of the GCU (identity theft, violations of legislation relating to money laundering or terrorist activities, etc.), ARES reserves the right to:

  • immediately suspend access to or the use of the STRACEO Solution;

  • delete the User account and make access to it permanently impossible.

 

Article 12 - Protection of Personal Data

12.1 - General description of how we process your data

ARES may collect Personal Data about you via the STRACEO Solution.

The legal basis for data processing is the conclusion and performance of the contract.

The data is processed in accordance with the amended French Data Protection Act and the General Data Protection Regulation (GDPR).

The data controller is ARES, a simplified joint stock company, registered with the Paris Trade and Companies Registry under number 752 652 891, and whose registered office is located at 18 Rue Pasquier - 75008 Paris, France.

The purpose of collecting your data is the creation of a customer account and the monitoring of customer relations, as well as the implementation of the payment transactions offered by the STRACEO Solution.

The data that ARES may collect is:

  • your identity (first and last names, mailing address, telephone number, email address, etc.);

  • data relating to your means of payment (Card number, card security code, bank details, etc.);

  • data relating to customer relationship management (purchase history, any requests made by the User to ARES).
    This data is intended for use by the ARES IT department and the service providers providing the means of payment.

12.2 - Cookies

12.2.1 The cookies we place on your device

When you connect to the Service, we may place various cookies on your device.

These cookies allow us to:

  • connect Users to the STRACEO Solution,

  • secure the data sent to the STRACEO solution via the various online forms,

  • to correct a Safari browser limitation that does not allow the STRACEO Solution to use cookies when displayed in an iFrame.

12.2.2 Cookies issued by third parties

These cookies may be placed on your device by our partners. The use of these cookies is governed by the privacy policies of these third parties.

12.2.3 Managing cookies

You can adjust the management of your cookies according to your preferences.

You can choose at any time to disable cookies or to make a different choice by using the means described below.

If you refuse to accept cookies, you will no longer have access to certain functions which are necessary for browsing certain areas of our website. For example, when using our customer support portal, because cookies are necessary for your authentication.

12.3 - Retention period for personal data

ARES retains Personal Data for the duration of the customer relationship and no later than five years after the termination of the customer relationship.

Customer data which is used for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship.

Personal data relating to prospects who are not customers is kept for a period of three years from the prospect’s last activity.

Cookies are stored on your device for 13 months.

 

Article 12.4 - The rights of data subjects

In accordance with the current regulations, Users have a right to access, rectification, and in the case of legitimate reasons, the right to deletion, restriction and objection to the processing of their personal data. Users also have the right to data portability.

Users may also inform us of their instructions regarding the disposal of their data in the event of death.

Users may exercise these rights by sending an email to the following address: support@straceo.com. If Users are not satisfied, they may refer the matter to the French National Commission for Information Technology and Civil Liberties (CNIL).

 

Article 12.5 - Sub-processing and Transfers of data outside the European Union

During its processing operations, and through its sub-processor, ARES may be required to transfer Personal Data to a country which is not a Member State of the European Union.

In this case, ARES shall undertake to transfer the Personal Data to a State which is recognized as adequate by the European Commission or which offers sufficient guarantees regarding the protection of Personal Data by the implementation of binding corporate rules (BCR) or by the signature of the interested parties to the standard contractual clauses adopted by the European Commission.

 

Article 13 - Intellectual Property

The structure, technology, tree structure, tools used for the design, development and operation of the STRACEO Solution, as well as all the elements presented on the Solution’s interface (including trademarks, logo, etc.) are the exclusive property of ARES and are protected under intellectual property law, including copyright and trademark law.

The total or partial reproduction of the STRACEO Solution, the STRACEO interface, the STRACEO trademark, or any of their elements, on any medium whatsoever and for any reason whatsoever, without the prior written consent of ARES is strictly prohibited. Users who fail to obtain such consent shall be liable to civil and criminal legal proceedings by ARES.

 

Article 14 - Evidence

Unless the User provides evidence to the contrary, evidence of Transactions will result from the approval clicks referred to in Article 8.

Users acknowledge the validity and evidentiary value of emails, SMS messages and scanned documents.

 

Article 15 - Disputes and place of jurisdiction

The General Conditions of Use and their application are governed by French law.

Before making any judicial appeal, Users may make an amicable request concerning the performance of the GCU. This request can be made at: support@straceo.com.

Users are also informed that they may have recourse free of charge to a Mediator of Consumption for the amicable resolution of any dispute that may arise between them and ARES.

If an amicable agreement cannot be reached, disputes concerning the interpretation and performance of the GCU shall be brought before the competent court in accordance with the provisions of the French Code of Civil Procedure.

 

Article 16 - Amendments to the GCU

Users will be informed in writing or on another durable medium at the User’s disposal at least one month before any amendment to the GCU enters into force.

As long as they have not expressly accepted the new conditions, Users may terminate the contract without penalty and without the right to compensation, up to a period of four months after the entry into force of the amendment.