Terms and Conditions

Applicable to end customers who sign up to a loyalty programme via FidèlPro.

A.1. Purpose

These Terms govern the use of the FidèlPro solution, a digital loyalty card application for shops and their customers.

A.2. Access to the service

Access to the loyalty programme is free for customers. It requires creating an account with accurate, up-to-date information. The customer is responsible for keeping their card ID confidential.

A.3. How the program works

• Stamps and points are awarded by the merchant at each visit, via a PIN code that changes every 5 hours.
• Rewards (milestones and full card) are set by the merchant and can be changed at any time.
• Stamps and points have no monetary value and cannot be exchanged for money.
• Stamps and points are valid only at the shop concerned.
• Rewards earned must be used within 30 days (or before the date shown for an offer sent by notification); after that, they expire.
• Wheel of fortune (if the shop enables it): at most one spin per day, after a validated visit. The prizes and their odds of winning are set by the merchant, who is solely responsible for them and must comply with the rules applicable to commercial lotteries (art. L121-20 of the French Consumer Code). Prizes cannot be exchanged or refunded for cash.

A.4. Customer obligations

The customer undertakes to:

• Provide accurate information when signing up
• Do not use the service for fraudulent purposes
• Do not attempt to manipulate the system (stamps, points, codes)
• Do not share your card link with other people

A.5. Marketing communications

The customer may receive promotional SMS and emails only if they have expressly consented when signing up (dedicated checkbox). They can withdraw this consent at any time via:

• The unsubscribe link in every email
• For notifications: the notification settings of their phone or browser
• A direct request to the merchant

A.6. Account deletion

The customer can delete their account at any time:

• Via the "Delete my account" button, directly available on their card
• By contacting the merchant
• By contacting FidèlPro: rafpro017@gmail.com

Deletion results in the permanent loss of accumulated stamps and points, as well as all associated personal data (subject to legal retention obligations).

A.7. Liability

FidèlPro is a technical solution. The merchant is solely responsible for the offers, rewards and communications sent to their customers. FidèlPro cannot be held liable for disputes between a shop and its customers.

A.8. Governing law

These Terms are subject to French law. In case of difficulty, the customer may first contact the merchant or FidèlPro to seek an amicable solution. In all cases, they retain the right to bring the matter before the competent court in accordance with the law.

Applicable to merchants who take out a paid FidèlPro subscription.

B.1. Service provider details

FidèlPro is published by Rafael Alexandre de Jesus Ribeiro Martins, sole trader (EI, micro-enterprise) registered under SIRET 989 029 517 00012, with registered office at 60 rue François 1er, 75008 Paris, France.

VAT not applicable, art. 293 B of the CGI (VAT exemption for micro-entrepreneurs below the threshold).

B.2. Description of the service

FidèlPro provides a SaaS digital loyalty card platform including: customer management, stamps, points, reward tiers, wheel of fortune, push notifications, automatic emails, statistics, QR code and an admin dashboard.

B.3. Prices

All prices are in euros, VAT not applicable (art. 293 B of the CGI). FidèlPro reserves the right to change its prices with 30 days' notice by email. Current subscriptions are not affected by price increases.

B.4. Free trial period

Every new merchant gets a 30-day free trial with no commitment and no credit card required. At the end of this period, the service is suspended in read-only mode until a subscription is taken out.

B.5. Payment terms

• Card payment via Stripe (Visa, Mastercard, American Express)
• Automatic invoicing and email delivery at each billing date
• If a payment fails: new collection attempts are made automatically over the following days and the merchant is notified by email. Without a valid payment, the service is suspended (data is kept)

Amounts are payable on the due date, with no discount for early payment. In accordance with articles L441-10 and D441-5 of the French Commercial Code, any late payment automatically incurs late-payment penalties at three times the legal interest rate, plus a fixed recovery fee of €40.

B.6. Right of withdrawal

As the service is offered to professionals (B2B), the 14-day withdrawal right of the French Consumer Code does not apply. However, FidèlPro offers a 30-day free trial to evaluate the service before any commitment.

B.7. Term and termination

For the monthly subscription

The subscription has no commitment and renews automatically. The merchant can cancel at any time from their dashboard ("Cancel my subscription" button) or by contacting rafpro017@gmail.com. Cancellation takes effect at the end of the current, already-paid period.

For the lifetime payment

Access is guaranteed for as long as FidèlPro is in business. If it ceases trading, 90 days' notice will be given, with a data export in JSON format.

B.8. Refunds

• Monthly: 14-day money-back guarantee on the first payment (full refund on simple request by email). After that, no pro-rata refund for a period already started, except in the event of a major failure attributable to FidèlPro.
• Lifetime payment: full refund possible within 30 days of purchase, on simple request by email.

B.9. Warranties and limitation of liability

FidèlPro undertakes to provide a service with a target availability of 99% per month, excluding scheduled maintenance and force majeure.

FidèlPro's liability is limited to the amount paid by the merchant over the last 12 months. FidèlPro cannot be held liable for indirect damages (loss of revenue, loss of profit, loss of customers).

B.10. Confidentiality and data ownership

Data entered by the merchant (customers, statistics, configuration) remains their exclusive property. FidèlPro uses this data only for the technical operation of the service. Upon cancellation, a full export is provided within 30 days.

B.11. Governing law and disputes

These Terms of Sale are governed by French law. In the event of a dispute, a prior amicable solution must be sought. Failing that, the courts of Paris have exclusive jurisdiction.

Applies to all merchants using FidèlPro. Constitutes the data processing agreement within the meaning of Article 28 of the GDPR.

C.1. Subject and purpose of processing

FidèlPro processes the personal data of the merchant's end customers solely for the following purposes:

• Hosting and storage of loyalty programme data
• Technical management of stamps, points, visits and rewards
• Sending transactional notifications (welcome, rewards, birthday) on behalf of the merchant
• Provision of an analytics dashboard for the merchant

C.2. Categories of data and data subjects

• Data subjects: end customers who have joined the merchant's loyalty program.
• Data processed: identity (first name, last name), contact (email, phone), optional date of birth, activity data (stamps, points, visits, rewards), technical data (IP, session ID).

C.3. Processor obligations (FidèlPro)

FidèlPro undertakes to:

• Process the data only on documented instructions from the merchant (these terms constituting such instructions)
• Ensure the confidentiality of data by anyone with access to it
• Implement appropriate technical and organisational security measures (TLS encryption, scrypt password hashing, secure cookies, backups, logged access)
• Notify the merchant of any data breach within 48 hours of becoming aware of it
• Help the merchant respond to requests to exercise rights from data subjects (access, rectification, erasure, portability)
• Help the merchant meet its obligations regarding data protection impact assessment (PIA) and prior consultation with the CNIL where applicable
• Make available all information necessary to demonstrate compliance, and allow audits
• Delete or return the data at the end of the contract, as the merchant chooses

C.4. Use of sub-processors

The merchant authorises FidèlPro to use the following sub-processors to provide the service:

Any later change of processor will be notified to the merchant with 30 days' notice, allowing them to object.

C.5. Transfers outside the EU

Transfers to sub-processors outside the EU are governed by the European Commission's Standard Contractual Clauses (SCC) or by adherence to the EU-US Data Privacy Framework.

C.6. Data subjects' rights

The processor assists the controller in responding to requests from data subjects. When FidèlPro receives a request directly from an end customer, it informs the merchant and forwards the request without delay.

C.7. Duration and return or deletion of data

This DPA applies for the entire duration of the merchant's FidèlPro subscription. At the end of the contract, FidèlPro offers the merchant, at their choice:

• Full return of data in exportable JSON format (within 30 days)
• Permanent deletion of all data (except legal retention obligations)

C.8. DPO / GDPR contact

FidèlPro — Rafael Alexandre de Jesus Ribeiro Martins
60 rue François 1er, 75008 Paris, France
GDPR email: rafpro017@gmail.com