The Customer on the one hand,
And, Treezor, simplified joint stock company with a share capital of 5,060,600 euros, registered with the Paris Trade and Companies Register under number 807 465 059 whose head office is located at 33 avenue de Wagram, 75017, Paris, authorized as an electronic money institution (CIB: 16798) and authorized to provide payment services under the supervision of the ACPR, located at 4 place in Budapest, CS 92459, 759 436 Paris, on the other hand.
Designated individually a” Party ” and together the” Parties ”. Treezor's approval can be verified at any time on the sites www.regafi.fr and https://euclid.eba.europa.eu/register.
These General Terms and Conditions of Use (Payment Services/Electronic Money) and their Annexes (hereinafter the” Convention ”) are intended to define the terms and conditions under which Treezor provides the Customer with an Account to which Payment and/or Electronic Money Services are attached. These Payment and/or Electronic Money Services are governed by the dedicated Annexes, depending on the various services offered by the Partner and subscribed to by the Customer where applicable. They can be consulted and downloaded on Durable Support at any time, on the Treezor website (https://www.treezor.com/fr/) .This Agreement constitutes a framework contract for payment services within the meaning of article L. 314-12 of the CMF and the Order of 29 July 2009 relating to relationships between payment service providers and their customers with respect to information obligations for payment service users and specifying the main stipulations to be included in deposit account agreements and payment service framework contracts and, by extension, the general conditions for the use of electronic money. The Parties acknowledge that, when the Customer is a natural person acting for professional needs or a legal person, the derogation regime referred to in article L.133-2 of the CMF applies.
The Convention consists, on the date of conclusion hereof:
- these General Terms of Use of Payment/Electronic Money Services;
- Appendix 1: Definitions; Appendix 2: Privacy Policy;
- Annex 3: Payment Services provided by Treezor applicable to the Account;
- where applicable, of Annex 4: General conditions of use of the Cart.Annexes 3 and 4 are independent. Their application depends on the Payment and/or Electronic Money Services offered by the Partner and applicable to the Account.
Treezor is only responsible for the provision of the Electronic Money Services and/or Payment Services referred to in the Agreement and cannot be held responsible for the services provided by the Partner to the Customer under the contractual conditions binding them and to which Treezor is not a party. This Agreement should be read in conjunction with the contractual conditions of the Partner with whom the Customer has contracted. In the event of a contradiction between the two documents concerning Electronic Money Services and/or Payment Services provided by Treezor, this Agreement prevails. Treezor remains unaffected by any dispute, other than relating to a Payment Order, that may arise between the Customer or the User and the Acceptor. The existence of such a dispute can in no way justify the refusal of the Client/User to honor a payment.
To be able to benefit from the Payment and/or Electronic Money Services offered by Treezor, the Customer must meet the obligations described below.
Throughout the duration of the Agreement, the Customer, a legal person or a natural and capable person, expressly declares: - to use the Payment and/or Electronic Money Services exclusively for non-professional needs or for professional needs, excluding any mixed use and acknowledges and accepts that his rights may vary depending on whether his use is professional or non-professional;
- have the ability to use the Payment and/or Electronic Money Services provided by Treezor;
- that all information it provides to Treezor, including through the Treezor Partner, is accurate;
- be resident in France or in the European Economic Area and;
- have duly entered into a contract with the Partner in accordance with the contractual conditions provided by the latter.
In accordance with the obligations to combat money laundering and terrorist financing, the opening of an Account is subject to the transmission and validation of identification documents. The Customer sends Treezor, via the Partner, a valid official identity document and any other document requested. Treezor may ask the Customer to provide it with additional information and/or documents necessary to comply with its identification obligations. Throughout the duration of the Agreement, the Customer undertakes to (i) update its documents and identification information without delay, and if necessary, and (ii) respond to any request for updates from Treezor or the Partner. This update is done directly from the Treezor Partner.
This Agreement is approved by the Customer on a Durable Medium by a remote consent process.
Treezor may refuse to open an Account for any reason without having to justify its decision, it being specified that this refusal will not give rise to any damage or interest. The Customer will be informed by the Partner of the acceptance or refusal to open his Account, under the conditions and in the manner provided for by the contractual conditions binding him to the Partner.
The Customer may designate a User under the conditions and in the manner provided for by the contractual conditions binding him to the Partner. The nature and extent of the powers granted to the User are defined in the Partner's contractual conditions. The Customer acknowledges and accepts that he remains fully responsible to Treezor for any operation carried out by the User in connection with the provision of Treezor Payment and/or Electronic Money Services.
Subject to the express written authorization of his legal representative, a minor under the age of eighteen (18) may open an Account. The identification documents requested in article 4.2 “Transmission of identification documents” will be those of the legal representative who has given his express written authorization as well as those of the minor concerned by the opening of the Account. In addition, a document attesting to authority will be requested by Treezor (family record book, court decision, etc.). Additional conditions may be required depending on the services subscribed to with the Partner.
The Account is an individual account opened in the name of a single holder, the Customer. The Account is exclusively intended for carrying out Payment Transactions and is denominated in euros. The Account is without overdraft authorization. No check service will be provided to the Customer. The Account does not allow checks to be issued or cashed. The Customer can only have one Account per Partner. This Agreement defines (i) the basic services attached to the Account and provided to all Customers and (ii) the Additional Services whose provision depends on the nature of the services provided to the Customer by the Partner. The Additional Services concerned are defined in the “Other Services” section of this Agreement.
The Customer undertakes to always have a sufficient balance on the Account before executing any Payment Transaction that may result in a negative balance on the Account. In the event that the Account balance is insufficient to execute a Payment Transaction, such Payment Transaction may, in whole or in part, be rejected by Treezor. Fees, as detailed in the Partner's pricing conditions, may be applied where appropriate.
The Account and the Payment and/or Electronic Money Services associated with it are accessible online from the Partner's Website or Mobile Application. The terms of online access to the Account and the general conditions of use of the Partner's Website and Mobile Application are communicated to the Customer by the Partner.
The Customer may give a person the power to operate his Account, as he could do himself, in accordance with the provisions of the power of attorney. However, only the Customer may close his Account or denounce the Agreement.
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The person designated by the Customer must not be banned from banking or from a judicial ban. The designation of the person concerned is the sole responsibility of the Customer, it being specified that the operations initiated by the designated person are binding on the Customer as if he had carried out them himself. Treezor provides, through the Partner, a proxy form. It is up to the Customer to request this proxy form from the Partner.
This form must be completed and provided with the Customer's handwritten or electronic signature and then communicated to Treezor through the Partner. The power of attorney will only take effect upon receipt of the duly completed form by Treezor, subject to its validity and acceptance. The power of attorney may be revoked by the Customer or the designated person who informs the Partner, at the expense of the Partner forwarding the revocation to Treezor. It automatically ceases in the event of death or, if applicable, of judicial liquidation of the Customer or the designated person.
The revocation takes effect on the date of receipt of the notification by Treezor. The Customer remains responsible for any Payment Transactions carried out by the designated person following the revocation of the power of attorney as long as this revocation has not been notified to Treezor. Treezor reserves the right to accept or refuse the power of attorney issued, or to withdraw it. The power of attorney cannot give any right to remuneration for the person designated by the power of attorney. Finally, the Customer expressly relieves Treezor of professional secrecy relating to Account data in respect of the person designated by the power of attorney.
A unique identifier is associated with the Customer's Account, except when the Customer only subscribes to Electronic Money Services. This identifier is indicated on the RIB of the Customer's Account and consists of (i) the IBAN and (ii) the BIC. Depending on the Payment Transactions carried out, the Customer must communicate his IBAN and/or his BIC. The Customer is solely responsible for the accuracy of his unique identifier when he communicates it for carrying out Payment Transactions. The Customer Account RIB is accessible from the Partner's Website or Mobile Application.
Account statements for the Customer's Account are edited monthly and made available to the Customer on a durable medium on the Partner's Website or Mobile Application. Another publishing frequency may be provided for in the contractual conditions between the Customer and the Partner and according to the pricing provided by the latter.
At any time during the contractual relationship and at the request of the Customer to the Partner, account statements issued monthly may be communicated to him by the Partner free of charge on paper.
It is recommended that the Customer keep his account statements for a minimum period of five (5) years and it is his responsibility to verify the regularity of the Payment Transactions appearing on the account statement.
The Customer acknowledges and accepts that his relationship with Treezor is dematerialized.
Any information or document that must be given to the Customer will be sent on Durable Support by the Partner. These documents are also made available to the Customer on the site. www.treezor.com.
At any time during the contractual relationship and at the request of the Customer to the Partner, the Agreement may be communicated to him free of charge on paper.
The Agreement is concluded for an indefinite period until the closure of the Account. It comes into force at the time of acceptance of this Agreement by the Customer.
In accordance with articles L. 222-7 et seq of the Consumer Code, the Customer has a period of fourteen (14) calendar days to withdraw, free of charge and without justification, by sending the Partner by email, in accordance with the terms and conditions binding him to the Partner, the withdrawal form provided for this purpose and communicated by the Partner. This period starts from the signature of this Agreement, the date of sending the withdrawal email being authentic.
This Agreement is cancelled without any fees and/or costs being due if the Customer decides to withdraw from the Agreement before the services provided for herein are provided to him.
If the Customer decides to withdraw from the Agreement after services have already been provided by Treezor to the Customer, then this Agreement is cancelled and: (i) Treezor reimburses the Customer as soon as possible and at the latest within thirty (30) days, all amounts received pursuant to this Agreement, except for the amounts corresponding to the service actually provided before withdrawal and (ii) the Customer is required to return to Treezor Ezor as soon as possible and at the latest within thirty (30) days, any amount that the Customer would have received from Treezor and, without delay, all amounts allowing the full balance of the Account that may be debited to be repaid.
The Customer is informed that the exercise of his right of withdrawal hereunder automatically results in his withdrawal from the contractual conditions concluded with the Partner. Conversely, the exercise of his right of withdrawal under the contractual conditions concluded with the Partner will automatically result in his withdrawal from these terms and conditions.
The Customer may expressly and unreservedly request the immediate provision of the services provided for herein before the expiry of the withdrawal period.
The right of withdrawal provided for in this article does not apply when the Customer acts for professional needs.
The Customer may at any time and without reason:
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- Terminate this Agreement, which will involve the automatic closure of his Account and the termination of all Services additional to the Account that may have been subscribed to by the Customer. Any request to close the Account automatically results in the termination of the Agreement as a whole.
- In accordance with the terms and conditions set out in the Partner's conditions, terminate one or more of the Payment or Electronic Money Services provided by Treezor, with the exception of the Account, without this entailing the termination of the entire Agreement and the closure of the Account (g., termination of card services only as detailed in Appendix 4 hereof) .T
Any request for termination (i) must first be made to the Treezor Partner in accordance with the terms specified in the Partner's terms of use and (ii) immediately suspend the use of all Payment and Electronic Money Services on the date of receipt of the cancellation request.
If the Account is closed, any credit balance will be returned to the Customer after a maximum period of thirty (30) calendar days by bank transfer to an account opened, in the SEPA area, in the name of the Customer and whose contact details will have been provided by RIB valid in the cancellation request, subject to current payment transactions and any future outstanding payments, bank rejections or opposition and except when the Customer has not subscribed only to electronic money services. The thirty (30) day period begins upon the communication of a valid RIB to Treezor.
In the event of closure of the Account, the Customer must ensure that a sufficient balance is maintained on his Account for the period of thirty (30) calendar days to ensure the execution of payment transactions initiated or authorized by the Customer.
The Customer remains liable to Treezor in the event of a debit balance and must reimburse Treezor any amount that has been paid by Treezor on behalf of the Customer, or that is improperly borne by Treezor, including after the termination of this Agreement and the expiration of the thirty (30) day period.The Customer shall ensure that all provisions of this Agreement are complied with during this thirty (30) day period., and in any event until the effective closure of the Account.
Any collection costs will be borne by the Customer.
a. Cancellation with PreadviceTreezor may, at any time and without cause subject to two (2) months' notice:
Terminate this Agreement, which will involve the closure of the Account and the termination of all additional services to the Account that may have been subscribed to by the Client.Terminate one or more of the services provided by Treezor, except for the Account, without this causing the termination of the Agreement and the closure of the Account (g., termination of card services only) .The notice period is one (1) month when the Customer is a natural or legal person acting for professional needs.
b. Cancellation without notice
The Agreement may be terminated with immediate effect in the event of serious breach or when the user has deliberately used his account for seriously reprehensible purposes, in particular: engaging in illegal activity, money laundering or terrorist financing, violence, threat or insult against a Treezor employee or the Partner, abnormal operation of the Account, transmission of incomplete, false or inaccurate documents, communication of Personalized Security Data to any other person. only a User, or agent by valid proxy, or any breach of a legal or regulatory obligation. In the event of a change in the Applicable Regulations affecting Treezor's ability to execute payment transactions, this Agreement will also be automatically terminated. The Customer will be informed of the termination of this Agreement or part of the services provided through the Partner and by notification, on Durable Support.
c. Effects of termination
Any credit balance will be returned to the Customer from the effective date of termination by bank transfer to an account opened in the name of the Customer and whose contact details have been previously communicated to the Partner by the Customer by means of a valid RIB, subject to current Payment Operations and any future outstanding payments, bank rejections or objections.
The Customer acknowledges and accepts that the termination, for any reason whatsoever, of the partnership contract concluded between Treezor and the Partner will automatically result in automatic termination of this Agreement, and the closure of the Account.
Only difficulties concerning the Payment and/or Electronic Money Services provided by Treezor may be the subject of a complaint.In this context, the Customer should first contact the Partner's complaint service, whose contact details are indicated in the contractual conditions concluded between the Customer and the Partner.The Customer may also, if he wishes, contact the Treezor complaint department (i) by telephone at 01.84.19.29.81 (Monday to Friday (excluding public holidays, from 9:00 to 13:00 and from 14:00 to 18:00) , (ii) by email to the following address: reclamations@treezor.com or (iii) by post to the following address: TREEZOR SAS — 33 avenue de Wagram 75017 Paris.Treezor (i) will acknowledge the complaint for which it is responsible within ten (10) working days from its receipt and (ii) will provide a response within the time limits provided for in article L.133-45 of the CMF.
If the Customer considers that the response to his complaint is not satisfactory, he may, by written referral, free of charge and without prejudice to the possible referral to a competent court, request the Association of Payment and Electronic Money Institutions (” AFEPAME ”) from the site https://mediator-consumpation-afepame.fr/.This article does not apply to the Customer acting for professional needs.
The pricing conditions applicable to Payment and/or Electronic Money Services are made available to the Customer by the Partner and are detailed in the Treezor Partner's general terms of use. During the month of January each year, a specific document summarizing all fees collected during the previous calendar year for the provision of the Electronic Money Services and/or Payment Services provided for herein will be sent to the Customer on a Durable Medium. The fees payable by the Customer under the Agreement are additional to those invoiced by the Partner for its own services. These fees due by the Customer under the Agreement are invoiced by the Partner, with the exception of inactivity fees, which are directly invoiced by Treezor to the Customer. Compensation on all amounts due by the Customer may be exercised and the authorization of any Payment Transaction may be conditional on the full payment of the amounts due and payable by the Customer.
When carrying out Payment Transactions in a currency other than the Euro, a currency exchange transaction will be carried out.
The fees and commissions applicable to foreign exchange transactions are provided for by the contractual conditions binding the Customer and the Partner.
The applicable exchange rate is that applied by the card scheme concerned (e.g., Visa or Mastercard) on the date of processing of the transaction concerned.
Payment Instruments and identifiers issued by Treezor must be stored with the greatest care by the Customer.
Upon receipt of a Payment Instrument, the Customer takes all reasonable measures to preserve the use of his Personalized Security Data. These obligations apply in particular to Cards, confidential codes and to any procedure for securing Payment Orders agreed between the Customer and Treezor and/or the Partner. The Customer uses the Payment Instruments that have been issued to him in accordance with the conditions governing their issuance and use.
Any communication of Personalized Security Data to a third party and in particular, where applicable, the Card, Card Data and/or the Confidential Code will constitute a serious breach by the Customer, including when this communication is by the User and is therefore subject to immediate termination in accordance with article 11 “Cancellation”.
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As an exception to the above and depending on the contractual conditions concluded between the Customer and the Partner, the Customer is authorized to disclose the Personalized Security Data relating to his Account and, if applicable, to any other service or payment instrument, to a User duly designated by the Customer and approved by the Partner: the User. The User is therefore bound by the same obligations as the Customer with respect to the security measures provided for herein.
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In the event of loss, theft, misappropriation or unauthorized use of his Payment Instrument or the data linked to it, the Customer must inform the Partner as soon as possible, in order to block the Payment Instrument.
This notification must be made to the Treezor Partner in the manner described in the Treezor Partner's terms of use.
In the event of notification of the loss, theft or misappropriation of a payment instrument, the Customer may then obtain from Treezor, upon request from the Partner and within a period of eighteen (18) months from the notification made, information allowing him to prove that he has indeed made this notification.
In accordance with the Regulations in force, Treezor, where applicable, applies strong Customer Authentication measures when the Customer:
• accesses his Online Account under the conditions specified by the contractual conditions concluded between the Partner and the Customer and/or by the conditions of use of the Partner's Website or Mobile Application;
• executes a payment transaction using a means of remote communication that may involve the risk of payment fraud or any other fraudulent use.
If applicable, and if the Customer subscribes to the Card Services as described in Annex 4, strong Authentication measures may be applied in certain cases when using the Card and in particular in the event of payment on the Internet.
The Strong Authentication measures that may be applicable in the case of Card payment are communicated to the Client/User under the contractual conditions concluded between the Treezor Partner and the Customer and/or by the conditions of use of the Partner's Website.
Treezor reserves the right to block a Payment Instrument, for objectively motivated reasons relating to the security of the Payment Instrument, the presumption of unauthorized or fraudulent use of the Payment Instrument, or the significantly increased risk that the Customer will be unable to fulfill his payment obligation. It is up to the Customer to contact the Partner to understand the reasons for this blocking that the Partner will communicate to him, unless providing this information is not possible for objectively motivated security reasons or is prohibited under other relevant EU or national legislation.
In the event of loss, theft, misappropriation or unauthorized use of his Payment Instrument or the data linked to it, the Customer must inform the Partner as soon as possible, in order to block the Payment Instrument.
After being informed, Treezor immediately takes into account the request to block the Payment Instrument. A registration number for the request is communicated to the Customer by the Partner.
Treezor reserves the right to request from the Customer any document (written declaration, copy of the complaint) providing proof of the declared reason for requesting the blocking of the payment instrument.
The temporary and immediate suspension of all or part of the Payment and/or Electronic Money Services made available to the Customer may be pronounced at the discretion of Treezor for the following reasons:
• if the Customer has not complied with the provisions of the Agreement;
• in the event of an increased risk of the Customer's inability to fulfill his payment obligation;
• in the event of Treezor receiving an abnormal number of refund requests, cancellation of payment orders, unrecovered debit balances, or contestation for unauthorized payment transactions;
• in case of suspicion of a serious breach as defined in article 11 “Termination” of this Agreement.
The suspension decision is communicated to the Customer by the Partner.
The reactivation of the Services will be at the discretion of Treezor, upon presentation of convincing evidence from the Customer, if applicable.
Depending on the severity of the breach, Treezor reserves the right to terminate the Agreement in accordance with article 11 “Cancellation” .Treezor reserves the right to claim damages from the Customer.
Depending on the services offered by the Partner to the Customer, the Customer and/or the User may benefit from a Card under the conditions provided for in Annex 4 of this Agreement.
Depending on the services offered by the Partner to the Customer, the Customer and/or the User may benefit from a service for withdrawing and depositing cash into their Account. Limits in terms of amounts may apply depending on the contractual conditions concluded between the Customer and the Partner.
Cash deposit and withdrawal operations must be carried out with authorized retailers whose list and contact details will be made available to the Customer by the Partner.
Cash deposit and withdrawal transactions will be credited or debited from the Customer's Account on the day the transaction is carried out with the authorized retailer or, if that day is not a Business Day, the following Business Day.
Authorized retailers act as Treezor's payment services agents.
Treezor is subject to compliance with (i) applicable regulations to combat money laundering and terrorist financing and (ii) international sanctions and asset freeze measures. In this context, Treezor must in particular apply vigilance measures with respect to the Customer, its beneficial owners, its agents and all the operations they carry out.
Thus, before entering into a business relationship, and throughout the duration of the business relationship, Treezor may, including through the Partner, ask the Customer to provide it with any information that Treezor considers useful for compliance with said regulations.
In accordance with the Applicable Regulations, Treezor reserves the right to suspend, not execute an operation or to terminate these Conditions, in particular in cases where (i) the Customer does not provide the information necessary to comply with said regulations or (ii) the Services are provided to a Customer or in a country or territory subject to economic or financial sanctions, commercial embargoes or similar measures taken, enacted, or implemented by the Nations. United, by the United States of America, by the United Kingdom United, by the European Union, by France or any Member State or any other sanction recognized by Treezor or, or, (iii) an account would be used in a way that would constitute a violation of the sanctions mentioned in (ii), including in particular any payment, direct or indirect, for the benefit of or received from a person subject directly or indirectly to such sanctions or located in a country or territory under extended sanctions. In this context, Treezor can make any declaration to the competent authorities.
The personal data collected is subject to processing for which Treezor is responsible, in accordance with the “Informatique et Liberté” law No. 78-17 of 6 January 1978 and the General Data Protection Regulation of 27 April 2016.
The applicable personal data policy is attached in Annex 2 to this Agreement.
In accordance with article L. 521-5 of the CMF, the Customer explicitly consents, by accepting these terms, to allow Treezor to access, process and store any information that the Customer has provided to him for the purpose of performing Electronic Money Services and/or Payment Services.
These provisions and this consent do not affect the respective rights and obligations of Treezor and the Customer with regard to the protection of personal data. The Customer may withdraw this consent by closing his Account. If he withdraws his consent in this way, Treezor will stop using this data for the purpose of providing Electronic Money Services and/or Payment services. However, Treezor may continue to process this data for other legitimate purposes and reasons, in particular as part of its legal obligations.
In accordance with article L. 526-35 of the CMF, Treezor is required to respect professional secrecy. All information concerning the Customer and its operations that would be covered by professional secrecy cannot therefore be disclosed to a third party without the Customer's agreement except for the benefit of:
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• Partners acting as electronic money distributors and/or payment service agents; public authorities such as, in particular, the ACPR, the Banque de France, the Institut d'Emission d'Outre-Mer, the Institut d'Emission des Dd'Outre-Mer, the judicial authority acting in the context of criminal proceedings or the tax authority;
• persons with whom Treezor negotiates, executes or concludes the following transactions: (i) acquisitions of interest or control in an electronic money institution, (ii) transfers of assets or business interests, (iii) transfers or transfers of contracts, (iv) service contracts concluded with a third party in order to entrust important operational functions to it, and (v) during the study or preparation of any type of contract or of operations, provided that these entities belong to the same group as the author of the communication;
• entities of the Société Générale Group to which Treezor belongs for the reasons and under the conditions provided for in article L. 511-34 of the CMF and which concern in particular the organization at the level of the Société Générale Group of the fight against money laundering and the financing of terrorism.
In this context, the Customer expressly authorizes, for the entire duration of this Agreement, that professional secrecy be lifted in respect of:
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• any company in the Société Générale Group or any subcontractor or any external service provider bound by professional secrecy under the same conditions as Treezor in connection with the provision of the Electronic Money Services and/or Payment Services subject to this Agreement;
• any Societe Generale Group company with which the Client is or enters into a business relationship, for the purpose of updating the data collected by these companies, including information relating to its tax status and compliance with Treezor's regulatory obligations in the fight against money laundering and terrorist financing and the freezing of assets;
• any company in the Société Générale Group with which the Customer is or enters into a business relationship, in particular for the purposes of prevention, detection, the fight against fraud and the sharing of IT resources.
All operations requiring special treatment, in particular when they cause an irregularity or an operational incident on the Customer's Account, are subject to the application of specific fees as provided for by the contractual conditions between the Customer and the Partner.
Fees or interest will not be collected when the operational incident results from an error, omission or fault attributable to Treezor.
When a forced enforcement procedure is notified to Treezor, then Treezor applies it. Treezor will leave at the disposal of the Customer, under the conditions and in the manner defined by law, and within the limit of the credit balance in the Customer's Customer Account on the day of the seizure, a maintenance sum of an amount fixed by law.
Treezor cannot be held liable in the event of force majeure as defined in article 1218 of the Civil Code and interpreted by case law.
This Agreement and all the rights and obligations relating to it cannot be transferred, totally or partially, by the Customer, both for consideration and free of charge.
Treezor reserves the right to assign this Agreement and all or part of the rights and obligations relating to it to any third party institution provided that the latter has the necessary authorizations to provide the Customer with the Electronic Money Services and/or Payment Services provided for herein.
It is agreed between the Parties that the mutual, liquid and payable debts of Treezor and the Client resulting from the execution of the Agreement are offset by debit and credit from the Account within the limit of the available balance.
In the absence of sufficient provisions on the Customer's Account, the amount remaining due by the Customer after compensation is entered on his account statement on a specific line corresponding to a debt due.
In accordance with the Applicable Regulations, the Customer benefits from a free banking mobility service. This system allows the Customer to automatically transfer the domiciliation of regular transactions from an account opened with another establishment to his Account or vice versa.
The terms and conditions under which the Customer can benefit from the banking mobility service are specified by the Partner.
This article does not apply to the Customer acting for professional needs.
In accordance with the Applicable Regulations, the funds credited to the Customer's Account are protected and are registered in a quartering account opened with a credit institution.
They are thus protected against any recourse from other Treezor creditors, including in the event of enforcement proceedings or insolvency proceedings opened against Treezor.
A brochure from the European Commission concerning payment services is available on the Treezor website.
In the event of the death of the Customer, a natural person, the Partner must be notified as quickly as possible by the rights holders or their agent, in accordance with the terms and conditions provided for in the Partner's conditions.
The amounts held by Treezor on behalf of the deceased natural person Customer will, subject to ongoing transactions, be blocked by Treezor as soon as the death is announced, and then released in accordance with the terms of the inheritance settlement.
Where appropriate, the rules applicable to inactive accounts as provided for in article 36 “Inactive Accounts” shall apply.
An Account is considered inactive within the meaning of the Applicable Regulations under the following conditions:
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• at the end of a period of twelve (12) months during which the following two conditions are met: (i) the Account has not been the subject of any transaction, excluding the recording of interest and the debit of fees and commissions of all kinds and (ii) the Customer, his legal representative or the person authorized by him has not contacted the Partner, in any form whatsoever, or carried out a transaction on another an account opened in his name in the Treezor books; or
• if the Customer has died, at the end of a period of twelve (12) months following the death, during which none of his dependants has informed the Partner of his desire to exercise his rights over the assets registered in the Account.
When an Account is considered inactive, Treezor informs the Partner by any means, who informs the Customer, his legal representative, the person authorized by him or, where applicable, his beneficiaries known to Treezor and indicates to them the consequences attached to it. If necessary, this information is renewed annually until the measures for the deposit of assets are implemented at the Caisse des DĂ©pĂ´ts et Consignations.
Assets registered in inactive Treezor Accounts must be deposited with the Caisse des DĂ©pĂ´ts et Consignation:
• at the end of ten (10) years from the date of the last transaction, excluding the recording of interest and the debit by Treezor of fees and commissions of all types, or from the date of the last event by the Customer, his legal representative or the person authorized by him; or
• at the end of a period of three (3) years after the date of death of the Customer.
In the absence of a request for reimbursement from the Caisse des DĂ©pĂ´ts et Consignation, the amounts are definitively acquired from the French State after the expiry of a period of:
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• twenty-seven (27) years from the date of their deposit with the Caisse des Dépôts and deposit in the event of the death of the Customer;
• twenty (20) years from the date of their deposit with the Caisse des Dépôts and deposit in other cases.
The provisions of this Agreement may be amended and/or supplemented at any time by Treezor.
The Customer is informed by any means of any modification to the Agreement at least two (2) months before the date of entry into force of the proposed changes. The absence of a written objection from the Customer, before the expiry of the two (2) month period constitutes acceptance of the changes by the Customer.
By way of derogation from the above, the Customer is informed one (1) month before the date of entry into force of the proposed changes when the Customer is a natural or legal person acting for professional needs. The absence of a written objection from the Customer acting for professional needs, before the expiry of the one (1) month period constitutes acceptance of the changes by the Customer.
Conversely, the Customer's refusal of the proposed changes before the date of entry into force of the changes constitutes termination of the Agreement with the Partner at no cost. This request does not affect all debits for which the Customer remains liable. The Account will be closed under the same conditions as those provided for in article 11 “Cancellation”.
Any reference to a legal provision means the provision as it may be amended, replaced or codified to the extent that such modification, replacement or codification is applicable or may be applicable to the operations provided for in this Convention.
References made to an individual will include their successors, and authorized assignees.
The French language is used in all pre-contractual and contractual relationships as well as for all communication between the Customer and Treezor.
These conditions as well as pre-contractual relationships are exclusively subject to French law.
The competent courts are the French courts.
If any provision of this Agreement is void or unenforceable under law and regulations, it will be deemed unwritten. However, it will not affect the validity or enforceability of the other provisions of the Convention, and in any event, it will not affect the continuity of contractual relationships, unless this clause is such as to modify the object of the Convention.
” Acceptor ” refers to merchants and service providers adhering to the payment system concerned and accepting the Card as a means of payment.
” ACPR ” refers to the Prudential Control and Resolution Authority.
” Authentication ” refers to the procedure allowing Treezor to verify the identity of the Customer or the validity of the use of a specific payment instrument, including the use of Personalized Customer Security Data.
” Strong authentication ” refers to authentication measures based on the use of two (2) or more elements belonging to the categories “knowledge” (something that only the Customer knows), “possession” (something that only the Customer has), and “inherent” (something that the Customer is) and independent in that the compromise of one does not call into question the reliability of the others, and which is designed to protect the confidentiality of the authentication data.
” Mobile application ” refers to a mobile application published by the Partner and allowing the Customer to use payment and/or electronic money services.
” BIC ” (” Bank Identifier Code ”) refers to an international codification using eight (8) or eleven (11) alphanumeric characters used to identify a financial institution such as Treezor.
” Map ” refers to the systematically authorized payment method in the form of a card issued by Treezor for the benefit of the Customer and/or the User under Additional Services.
” Customer ” refers to the natural or legal person acting under a contract concluded with a Treezor Partner and holder of a Customer Account.
” CMF ” refers to the Monetary and Financial Code.
” Confidential code ” refers to the four (4) digit code allowing the Client/User to authenticate themselves when using the Card from a TPE.
” Account ” refers to the electronic money account or the payment account within the meaning of the CMF, opened in Treezor's books in the name of the Customer.
” Convention ” has the meaning given to it in ARTICLE 2 of the General Conditions of Use of Payment Services/Electronic Money.
” CVV ” (Card Verification Code) refers to the last three digits of the Card verification code located on the back of the Card.
” DAB ” refers to an ATM.
” Map data ” refers to the Card number, its expiration date and/or the CVV.
” Customized safety data ” refers to any personalized data provided by Treezor or the Treezor Partner to the Customer for Authentication purposes (e.g., username, password, confidential code).
” EEA ” refers to the European Economic Area composed of all EU member states, Iceland, Norway and Lichtenstein.
” SEPA area ” refers to the member states of the European Economic Area, Switzerland, the Republic of San Marino and Monaco.
” Societe Generale Group ” refers to the Société Générale group, which Treezor is a member of.
” IBAN ” (” International Bank Account Number ”) refers to the identifier used to uniquely identify a payment account.
” Payment instruments ” refers to the means made available to the Customer by Treezor allowing him to carry out or benefit from Payment Transactions on his Account.
” Business day ” means a day on which Treezor or the service provider of the other party to the payment transaction carries out an activity to execute a payment transaction. The closing days of payment systems that may be used to execute a payment transaction do not constitute business days. ”
Payment transaction ” means the action of paying, transferring, or withdrawing funds from or to the Account regardless of any underlying obligations between the payer and the payee.
” Payment order ” refers to the instruction transmitted: a. by the payer, who gives a payment instruction to Treezor (Payment Order by Transfer); b. by the payer, who gives a payment instruction through the payee who, after collecting the payment order from the payer, transmits it to Treezor, where applicable, through its own payment service provider (Card Payment Order); c. by the payee, which gives a payment instruction to Treezor, based on the consent given by the payer to the payee and, where where applicable, through its own payment service provider (Direct Debit Payment Order).
” Treezor partner (s) ” refers to the third party provider with whom the Customer is in a contractual relationship and acting as a distributor of electronic money and/or a Treezor payment service agent.
” Payment initiation service provider ” refers to an institution authorized to provide a payment initiation service, i.e. a payment service consisting in initiating a payment order at the Customer's request from the Customer's Customer Account.
” Account information service provider ” means a third-party provider authorized to provide an account information service, namely a payment service consisting in providing consolidated information concerning one or more payment accounts held by the Customer, either with a payment service provider or with more than one payment service provider, including Treezor.
” regulating ” means the laws and regulations applicable under the Convention.
” RIB ” refers to a Bank Identity Statement.
” Additional services ” refers to payment services additional to the basic services attached to the Customer Account and from which the Customer may benefit depending on the nature of the services provided to him by the Treezor Partner with whom the Customer has a contractual relationship.
” Payment services ”/ “Electronic Money Services” refer to the services provided by Treezor under the Convention.
” Treezor Partner website ” refers to the Treezor Partner's website with which the Customer has a contractual relationship and from which the Customer has access to a personalized interface allowing him to access online services linked to his Customer Account as well as, where applicable, to Additional Services.
” Durable support ” refers to any instrument that allows the Customer to store information that is personally addressed to him, in such a way that this information can be consulted later for a period adapted to its purpose and reproduced in the same way.
” TPE ” refers to an Electronic Payment Terminal.
” EU ” refers to the European Union.
” User ” refers to any natural person authorized by the Customer to benefit from all or part of the Electronic Money Services and/or Payment Services provided by Treezor to the Customer under the Agreement for professional or non-professional use.
” SEPA COM PACIFIC bank transfer ” refers to a transfer denominated in euros made (i) between France “Espace SEPA” and New Caledonia, French Polynesia or the Wallis and Futuna Islands or (ii) between New Caledonia, French Polynesia and the Wallis and Futuna Islands.
This policy illustrates the commitments of Treezor, in its capacity as Data Controller in accordance with European Regulation 2016/679 of 27 April 2016 on the protection of personal data, applicable since May 25, 2018, and, more generally, the measures implemented by Treezor to ensure the lawful, fair and transparent processing of personal data.
For a better understanding of the application of this policy, you should refer to the Definitions article to find out the meaning of each term beginning with a capital letter. Therefore, this personal data processing policy cannot be translated into a framework contract for payment services within the meaning of Directive 2015/2366 of 25 November 2015 concerning payment services.
ACPR: Prudential Control and Resolution Authority, 61 Rue de Taitbout, 75009 Paris.
‍CNIL: National Commission for Informatics and Freedoms, 3 Place de Fontenoy, 75334 Paris.
‍Cookie: Connection cookies or “tracers” that may be placed, in the form of files, on the User's browsing platform (Internet Explorer, Opera, Firefox, Google Chrome, Safari, etc...).
‍Data protection officer: The natural person delegated to the protection of personal data within the meaning of articles 37, 38 and 39 of European Regulation 2016/679 of 27 April 2016.
‍Recipient: The natural or legal person, public authority, service or other body, that receives communication of Personal Data, whether or not it is a third party. In this respect, any public authority (Prudential Control and Resolution Authority, National Commission for Informatics and Freedoms, General Directorate of Public Finances, National Agency for Information System Security, etc.) likely to receive communication, as part of a specific investigative mission (control in the context of the fight against money laundering and the financing of terrorism, control and audits of internal security systems, etc...), determined by the European Union law or law French national, is not considered to be a consignee, within the meaning of this definition.
‍Personal data: All personal information concerning the Owner or a User, a natural person identified or who can be identified (hereinafter” Person concerned ”), directly or indirectly, by reference to an identification number or to one or more elements specific to it.
‍Person concerned: This may be the Account Holder or the User, a natural person, as defined in the meaning of the framework contract for payment services, whose Personal Data collected identifies or makes him identifiable, directly or indirectly.
‍Responsible for the treatment: Refers to the natural or legal person who has determined the methods, means and purposes of the processing of Personal Data. Unless otherwise specified, the Data Controller who ensures compliance with this privacy policy is: the Treezor Simplified Joint Stock Company, 33 avenue de Wagram, 75017 Paris.
‍Payment services: All payment services, provided for in the framework contract and offered by Treezor SAS.
‍Subcontractor: The natural or legal person, public authority, service or other body that processes personal data on behalf of the controller.
‍Third party: A natural or legal person, a public authority, a service, or a body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data.
‍Treatment: Any operation or set of operations carried out or not using automated processes and applied to Personal Data, or a set of Personal Data. Operations can result in collection, recording, preservation, structuring, adaptation or modification, communication, dissemination, limitation, destruction, etc.
‍Personal data breach: Any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of Personal Data transmitted, stored, or otherwise processed, or unauthorized access to such Data.
The simplified joint stock company Treezor, with a share capital of 3,334,962 euros, located at 33 avenue de Wagram, 75017 Paris. The company was registered with the Paris Trade and Companies Register, under number 807 465 059.
TREEZOR SAS is represented by Mr. André Gardella, in his capacity as President.
The Person concerned is solely responsible for the Personal Data that they communicate to Treezor and declares that all data provided are fully complete and accurate. Personal Data is collected by the Partner (Treezor's payment service agent) for the sole purpose of performing payment services under the Payment Services Master Agreement. The Partner acts, in its capacity as a subcontractor within the meaning of article 4 of Regulation 2016/679 of 27 April 2016.
The Data Controller processes the following data:
• data identifying the natural person (name, first name, date of birth, identity card and passport number, postal address and email address, telephone number, tax residence and legal status);
• data related to the professional situation of the Person concerned (employment contract, pay slip, etc.);
• data related to the financial situation;
•data related to the operations and transactions that the person concerned carries out using the Service (payments, bank transfer);
• Bank data (IBAN, card number, balance);
• identification and authentication data related to use;
• identification data or digital authentication related to use (connection and usage logs, IP address, etc.).
The Data Controller does not carry out any processing operation of Personal Data, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, as well as the processing of biometric data or genetic data, pursuant to article 9 of European General Regulation 2016/679 of 27 April 2016 on data protection. However, this prohibition may be waived, if legal or regulatory provisions required Treezz Or to process Data personal data mentioned above.
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Only difficulties concerning the Payment and/or Electronic Money Services provided by Treezor may be the subject of a complaint.In this context, the Customer should first contact the Partner's complaint service, whose contact details are indicated in the contractual conditions concluded between the Customer and the Partner.The Customer may also, if he wishes, contact the Treezor complaint department (i) by telephone at 01.84.19.29.81 (Monday to Friday (excluding public holidays, from 9:00 to 13:00 and from 14:00 to 18:00) , (ii) by email to the following address: reclamations@treezor.com or (iii) by post to the following address: TREEZOR SAS — 33 avenue de Wagram 75017 Paris.Treezor (i) will acknowledge the complaint for which it is responsible within ten (10) working days from its receipt and (ii) will provide a response within the time limits provided for in article L.133-45 of the CMF.
If the Customer considers that the response to his complaint is not satisfactory, he may, by written referral, free of charge and without prejudice to the possible referral to a competent court, request the Association of Payment and Electronic Money Institutions (” AFEPAME ”) from the site https://mediator-consumpation-afepame.fr/.This article does not apply to the Customer acting for professional needs.
The pricing conditions applicable to Payment and/or Electronic Money Services are made available to the Customer by the Partner and are detailed in the Treezor Partner's general terms of use. During the month of January each year, a specific document summarizing all fees collected during the previous calendar year for the provision of the Electronic Money Services and/or Payment Services provided for herein will be sent to the Customer on a Durable Medium. The fees payable by the Customer under the Agreement are additional to those invoiced by the Partner for its own services. These fees due by the Customer under the Agreement are invoiced by the Partner, with the exception of inactivity fees, which are directly invoiced by Treezor to the Customer. Compensation on all amounts due by the Customer may be exercised and the authorization of any Payment Transaction may be conditional on the full payment of the amounts due and payable by the Customer.
When carrying out Payment Transactions in a currency other than the Euro, a currency exchange transaction will be carried out.
The fees and commissions applicable to foreign exchange transactions are provided for by the contractual conditions binding the Customer and the Partner.
The applicable exchange rate is that applied by the card scheme concerned (e.g., Visa or Mastercard) on the date of processing of the transaction concerned.
Payment Instruments and identifiers issued by Treezor must be stored with the greatest care by the Customer.
Upon receipt of a Payment Instrument, the Customer takes all reasonable measures to preserve the use of his Personalized Security Data. These obligations apply in particular to Cards, confidential codes and to any procedure for securing Payment Orders agreed between the Customer and Treezor and/or the Partner. The Customer uses the Payment Instruments that have been issued to him in accordance with the conditions governing their issuance and use.
Any communication of Personalized Security Data to a third party and in particular, where applicable, the Card, Card Data and/or the Confidential Code will constitute a serious breach by the Customer, including when this communication is by the User and is therefore subject to immediate termination in accordance with article 11 “Cancellation”.
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As an exception to the above and depending on the contractual conditions concluded between the Customer and the Partner, the Customer is authorized to disclose the Personalized Security Data relating to his Account and, if applicable, to any other service or payment instrument, to a User duly designated by the Customer and approved by the Partner: the User. The User is therefore bound by the same obligations as the Customer with respect to the security measures provided for herein.
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In the event of loss, theft, misappropriation or unauthorized use of his Payment Instrument or the data linked to it, the Customer must inform the Partner as soon as possible, in order to block the Payment Instrument.
This notification must be made to the Treezor Partner in the manner described in the Treezor Partner's terms of use.
In the event of notification of the loss, theft or misappropriation of a payment instrument, the Customer may then obtain from Treezor, upon request from the Partner and within a period of eighteen (18) months from the notification made, information allowing him to prove that he has indeed made this notification.
In accordance with the Regulations in force, Treezor, where applicable, applies strong Customer Authentication measures when the Customer:
• accesses his Online Account under the conditions specified by the contractual conditions concluded between the Partner and the Customer and/or by the conditions of use of the Partner's Website or Mobile Application;
• executes a payment transaction using a means of remote communication that may involve the risk of payment fraud or any other fraudulent use.
If applicable, and if the Customer subscribes to the Card Services as described in Annex 4, strong Authentication measures may be applied in certain cases when using the Card and in particular in the event of payment on the Internet.
The Strong Authentication measures that may be applicable in the case of Card payment are communicated to the Client/User under the contractual conditions concluded between the Treezor Partner and the Customer and/or by the conditions of use of the Partner's Website.
Treezor reserves the right to block a Payment Instrument, for objectively motivated reasons relating to the security of the Payment Instrument, the presumption of unauthorized or fraudulent use of the Payment Instrument, or the significantly increased risk that the Customer will be unable to fulfill his payment obligation. It is up to the Customer to contact the Partner to understand the reasons for this blocking that the Partner will communicate to him, unless providing this information is not possible for objectively motivated security reasons or is prohibited under other relevant EU or national legislation.
In the event of loss, theft, misappropriation or unauthorized use of his Payment Instrument or the data linked to it, the Customer must inform the Partner as soon as possible, in order to block the Payment Instrument.
After being informed, Treezor immediately takes into account the request to block the Payment Instrument. A registration number for the request is communicated to the Customer by the Partner.
Treezor reserves the right to request from the Customer any document (written declaration, copy of the complaint) providing proof of the declared reason for requesting the blocking of the payment instrument.
The temporary and immediate suspension of all or part of the Payment and/or Electronic Money Services made available to the Customer may be pronounced at the discretion of Treezor for the following reasons:
• if the Customer has not complied with the provisions of the Agreement;
• in the event of an increased risk of the Customer's inability to fulfill his payment obligation;
• in the event of Treezor receiving an abnormal number of refund requests, cancellation of payment orders, unrecovered debit balances, or contestation for unauthorized payment transactions;
• in case of suspicion of a serious breach as defined in article 11 “Termination” of this Agreement.
The suspension decision is communicated to the Customer by the Partner.
The reactivation of the Services will be at the discretion of Treezor, upon presentation of convincing evidence from the Customer, if applicable.
Depending on the severity of the breach, Treezor reserves the right to terminate the Agreement in accordance with article 11 “Cancellation” .Treezor reserves the right to claim damages from the Customer.
Depending on the services offered by the Partner to the Customer, the Customer and/or the User may benefit from a Card under the conditions provided for in Annex 4 of this Agreement.
Depending on the services offered by the Partner to the Customer, the Customer and/or the User may benefit from a service for withdrawing and depositing cash into their Account. Limits in terms of amounts may apply depending on the contractual conditions concluded between the Customer and the Partner.
Cash deposit and withdrawal operations must be carried out with authorized retailers whose list and contact details will be made available to the Customer by the Partner.
Cash deposit and withdrawal transactions will be credited or debited from the Customer's Account on the day the transaction is carried out with the authorized retailer or, if that day is not a Business Day, the following Business Day.
Authorized retailers act as Treezor's payment services agents.
Treezor is subject to compliance with (i) applicable regulations to combat money laundering and terrorist financing and (ii) international sanctions and asset freeze measures. In this context, Treezor must in particular apply vigilance measures with respect to the Customer, its beneficial owners, its agents and all the operations they carry out.
Thus, before entering into a business relationship, and throughout the duration of the business relationship, Treezor may, including through the Partner, ask the Customer to provide it with any information that Treezor considers useful for compliance with said regulations.
In accordance with the Applicable Regulations, Treezor reserves the right to suspend, not execute an operation or to terminate these Conditions, in particular in cases where (i) the Customer does not provide the information necessary to comply with said regulations or (ii) the Services are provided to a Customer or in a country or territory subject to economic or financial sanctions, commercial embargoes or similar measures taken, enacted, or implemented by the Nations. United, by the United States of America, by the United Kingdom United, by the European Union, by France or any Member State or any other sanction recognized by Treezor or, or, (iii) an account would be used in a way that would constitute a violation of the sanctions mentioned in (ii), including in particular any payment, direct or indirect, for the benefit of or received from a person subject directly or indirectly to such sanctions or located in a country or territory under extended sanctions. In this context, Treezor can make any declaration to the competent authorities.
The personal data collected is subject to processing for which Treezor is responsible, in accordance with the “Informatique et Liberté” law No. 78-17 of 6 January 1978 and the General Data Protection Regulation of 27 April 2016.
The applicable personal data policy is attached in Annex 2 to this Agreement.
In accordance with article L. 521-5 of the CMF, the Customer explicitly consents, by accepting these terms, to allow Treezor to access, process and store any information that the Customer has provided to him for the purpose of performing Electronic Money Services and/or Payment Services.
These provisions and this consent do not affect the respective rights and obligations of Treezor and the Customer with regard to the protection of personal data. The Customer may withdraw this consent by closing his Account. If he withdraws his consent in this way, Treezor will stop using this data for the purpose of providing Electronic Money Services and/or Payment services. However, Treezor may continue to process this data for other legitimate purposes and reasons, in particular as part of its legal obligations.
In accordance with article L. 526-35 of the CMF, Treezor is required to respect professional secrecy. All information concerning the Customer and its operations that would be covered by professional secrecy cannot therefore be disclosed to a third party without the Customer's agreement except for the benefit of:
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• Partners acting as electronic money distributors and/or payment service agents; public authorities such as, in particular, the ACPR, the Banque de France, the Institut d'Emission d'Outre-Mer, the Institut d'Emission des Dd'Outre-Mer, the judicial authority acting in the context of criminal proceedings or the tax authority;
• persons with whom Treezor negotiates, executes or concludes the following transactions: (i) acquisitions of interest or control in an electronic money institution, (ii) transfers of assets or business interests, (iii) transfers or transfers of contracts, (iv) service contracts concluded with a third party in order to entrust important operational functions to it, and (v) during the study or preparation of any type of contract or of operations, provided that these entities belong to the same group as the author of the communication;
• entities of the Société Générale Group to which Treezor belongs for the reasons and under the conditions provided for in article L. 511-34 of the CMF and which concern in particular the organization at the level of the Société Générale Group of the fight against money laundering and the financing of terrorism.
In this context, the Customer expressly authorizes, for the entire duration of this Agreement, that professional secrecy be lifted in respect of:
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• any company in the Société Générale Group or any subcontractor or any external service provider bound by professional secrecy under the same conditions as Treezor in connection with the provision of the Electronic Money Services and/or Payment Services subject to this Agreement;
• any Societe Generale Group company with which the Client is or enters into a business relationship, for the purpose of updating the data collected by these companies, including information relating to its tax status and compliance with Treezor's regulatory obligations in the fight against money laundering and terrorist financing and the freezing of assets;
• any company in the Société Générale Group with which the Customer is or enters into a business relationship, in particular for the purposes of prevention, detection, the fight against fraud and the sharing of IT resources.
All operations requiring special treatment, in particular when they cause an irregularity or an operational incident on the Customer's Account, are subject to the application of specific fees as provided for by the contractual conditions between the Customer and the Partner.
Fees or interest will not be collected when the operational incident results from an error, omission or fault attributable to Treezor.
When a forced enforcement procedure is notified to Treezor, then Treezor applies it. Treezor will leave at the disposal of the Customer, under the conditions and in the manner defined by law, and within the limit of the credit balance in the Customer's Customer Account on the day of the seizure, a maintenance sum of an amount fixed by law.
Treezor cannot be held liable in the event of force majeure as defined in article 1218 of the Civil Code and interpreted by case law.
This Agreement and all the rights and obligations relating to it cannot be transferred, totally or partially, by the Customer, both for consideration and free of charge.
Treezor reserves the right to assign this Agreement and all or part of the rights and obligations relating to it to any third party institution provided that the latter has the necessary authorizations to provide the Customer with the Electronic Money Services and/or Payment Services provided for herein.
It is agreed between the Parties that the mutual, liquid and payable debts of Treezor and the Client resulting from the execution of the Agreement are offset by debit and credit from the Account within the limit of the available balance.
In the absence of sufficient provisions on the Customer's Account, the amount remaining due by the Customer after compensation is entered on his account statement on a specific line corresponding to a debt due.
In accordance with the Applicable Regulations, the Customer benefits from a free banking mobility service. This system allows the Customer to automatically transfer the domiciliation of regular transactions from an account opened with another establishment to his Account or vice versa.
The terms and conditions under which the Customer can benefit from the banking mobility service are specified by the Partner.
This article does not apply to the Customer acting for professional needs.
In accordance with the Applicable Regulations, the funds credited to the Customer's Account are protected and are registered in a quartering account opened with a credit institution.
They are thus protected against any recourse from other Treezor creditors, including in the event of enforcement proceedings or insolvency proceedings opened against Treezor.
A brochure from the European Commission concerning payment services is available on the Treezor website.
In the event of the death of the Customer, a natural person, the Partner must be notified as quickly as possible by the rights holders or their agent, in accordance with the terms and conditions provided for in the Partner's conditions.
The amounts held by Treezor on behalf of the deceased natural person Customer will, subject to ongoing transactions, be blocked by Treezor as soon as the death is announced, and then released in accordance with the terms of the inheritance settlement.
Where appropriate, the rules applicable to inactive accounts as provided for in article 36 “Inactive Accounts” shall apply.
An Account is considered inactive within the meaning of the Applicable Regulations under the following conditions:
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• at the end of a period of twelve (12) months during which the following two conditions are met: (i) the Account has not been the subject of any transaction, excluding the recording of interest and the debit of fees and commissions of all kinds and (ii) the Customer, his legal representative or the person authorized by him has not contacted the Partner, in any form whatsoever, or carried out a transaction on another an account opened in his name in the Treezor books; or
• if the Customer has died, at the end of a period of twelve (12) months following the death, during which none of his dependants has informed the Partner of his desire to exercise his rights over the assets registered in the Account.
When an Account is considered inactive, Treezor informs the Partner by any means, who informs the Customer, his legal representative, the person authorized by him or, where applicable, his beneficiaries known to Treezor and indicates to them the consequences attached to it. If necessary, this information is renewed annually until the measures for the deposit of assets are implemented at the Caisse des DĂ©pĂ´ts et Consignations.
Assets registered in inactive Treezor Accounts must be deposited with the Caisse des DĂ©pĂ´ts et Consignation:
• at the end of ten (10) years from the date of the last transaction, excluding the recording of interest and the debit by Treezor of fees and commissions of all types, or from the date of the last event by the Customer, his legal representative or the person authorized by him; or
• at the end of a period of three (3) years after the date of death of the Customer.
In the absence of a request for reimbursement from the Caisse des DĂ©pĂ´ts et Consignation, the amounts are definitively acquired from the French State after the expiry of a period of:
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• twenty-seven (27) years from the date of their deposit with the Caisse des Dépôts and deposit in the event of the death of the Customer;
• twenty (20) years from the date of their deposit with the Caisse des Dépôts and deposit in other cases.
The provisions of this Agreement may be amended and/or supplemented at any time by Treezor.
The Customer is informed by any means of any modification to the Agreement at least two (2) months before the date of entry into force of the proposed changes. The absence of a written objection from the Customer, before the expiry of the two (2) month period constitutes acceptance of the changes by the Customer.
By way of derogation from the above, the Customer is informed one (1) month before the date of entry into force of the proposed changes when the Customer is a natural or legal person acting for professional needs. The absence of a written objection from the Customer acting for professional needs, before the expiry of the one (1) month period constitutes acceptance of the changes by the Customer.
Conversely, the Customer's refusal of the proposed changes before the date of entry into force of the changes constitutes termination of the Agreement with the Partner at no cost. This request does not affect all debits for which the Customer remains liable. The Account will be closed under the same conditions as those provided for in article 11 “Cancellation”.
Any reference to a legal provision means the provision as it may be amended, replaced or codified to the extent that such modification, replacement or codification is applicable or may be applicable to the operations provided for in this Convention.
References made to an individual will include their successors, and authorized assignees.
The French language is used in all pre-contractual and contractual relationships as well as for all communication between the Customer and Treezor.
These conditions as well as pre-contractual relationships are exclusively subject to French law.
The competent courts are the French courts.
If any provision of this Agreement is void or unenforceable under law and regulations, it will be deemed unwritten. However, it will not affect the validity or enforceability of the other provisions of the Convention, and in any event, it will not affect the continuity of contractual relationships, unless this clause is such as to modify the object of the Convention.
” Acceptor ” refers to merchants and service providers adhering to the payment system concerned and accepting the Card as a means of payment.
” ACPR ” refers to the Prudential Control and Resolution Authority.
” Authentication ” refers to the procedure allowing Treezor to verify the identity of the Customer or the validity of the use of a specific payment instrument, including the use of Personalized Customer Security Data.
” Strong authentication ” refers to authentication measures based on the use of two (2) or more elements belonging to the categories “knowledge” (something that only the Customer knows), “possession” (something that only the Customer has), and “inherent” (something that the Customer is) and independent in that the compromise of one does not call into question the reliability of the others, and which is designed to protect the confidentiality of the authentication data.
” Mobile application ” refers to a mobile application published by the Partner and allowing the Customer to use payment and/or electronic money services.
” BIC ” (” Bank Identifier Code ”) refers to an international codification using eight (8) or eleven (11) alphanumeric characters used to identify a financial institution such as Treezor.
” Map ” refers to the systematically authorized payment method in the form of a card issued by Treezor for the benefit of the Customer and/or the User under Additional Services.
” Customer ” refers to the natural or legal person acting under a contract concluded with a Treezor Partner and holder of a Customer Account.
” CMF ” refers to the Monetary and Financial Code.
” Confidential code ” refers to the four (4) digit code allowing the Client/User to authenticate themselves when using the Card from a TPE.
” Account ” refers to the electronic money account or the payment account within the meaning of the CMF, opened in Treezor's books in the name of the Customer.
” Convention ” has the meaning given to it in ARTICLE 2 of the General Conditions of Use of Payment Services/Electronic Money.
” CVV ” (Card Verification Code) refers to the last three digits of the Card verification code located on the back of the Card.
” DAB ” refers to an ATM.
” Map data ” refers to the Card number, its expiration date and/or the CVV.
” Customized safety data ” refers to any personalized data provided by Treezor or the Treezor Partner to the Customer for Authentication purposes (e.g., username, password, confidential code).
” EEA ” refers to the European Economic Area composed of all EU member states, Iceland, Norway and Lichtenstein.
” SEPA area ” refers to the member states of the European Economic Area, Switzerland, the Republic of San Marino and Monaco.
” Societe Generale Group ” refers to the Société Générale group, which Treezor is a member of.
” IBAN ” (” International Bank Account Number ”) refers to the identifier used to uniquely identify a payment account.
” Payment instruments ” refers to the means made available to the Customer by Treezor allowing him to carry out or benefit from Payment Transactions on his Account.
” Business day ” means a day on which Treezor or the service provider of the other party to the payment transaction carries out an activity to execute a payment transaction. The closing days of payment systems that may be used to execute a payment transaction do not constitute business days. ”
Payment transaction ” means the action of paying, transferring, or withdrawing funds from or to the Account regardless of any underlying obligations between the payer and the payee.
” Payment order ” refers to the instruction transmitted: a. by the payer, who gives a payment instruction to Treezor (Payment Order by Transfer); b. by the payer, who gives a payment instruction through the payee who, after collecting the payment order from the payer, transmits it to Treezor, where applicable, through its own payment service provider (Card Payment Order); c. by the payee, which gives a payment instruction to Treezor, based on the consent given by the payer to the payee and, where where applicable, through its own payment service provider (Direct Debit Payment Order).
” Treezor partner (s) ” refers to the third party provider with whom the Customer is in a contractual relationship and acting as a distributor of electronic money and/or a Treezor payment service agent.
” Payment initiation service provider ” refers to an institution authorized to provide a payment initiation service, i.e. a payment service consisting in initiating a payment order at the Customer's request from the Customer's Customer Account.
” Account information service provider ” means a third-party provider authorized to provide an account information service, namely a payment service consisting in providing consolidated information concerning one or more payment accounts held by the Customer, either with a payment service provider or with more than one payment service provider, including Treezor.
” regulating ” means the laws and regulations applicable under the Convention.
” RIB ” refers to a Bank Identity Statement.
” Additional services ” refers to payment services additional to the basic services attached to the Customer Account and from which the Customer may benefit depending on the nature of the services provided to him by the Treezor Partner with whom the Customer has a contractual relationship.
” Payment services ”/ “Electronic Money Services” refer to the services provided by Treezor under the Convention.
” Treezor Partner website ” refers to the Treezor Partner's website with which the Customer has a contractual relationship and from which the Customer has access to a personalized interface allowing him to access online services linked to his Customer Account as well as, where applicable, to Additional Services.
” Durable support ” refers to any instrument that allows the Customer to store information that is personally addressed to him, in such a way that this information can be consulted later for a period adapted to its purpose and reproduced in the same way.
” TPE ” refers to an Electronic Payment Terminal.
” EU ” refers to the European Union.
” User ” refers to any natural person authorized by the Customer to benefit from all or part of the Electronic Money Services and/or Payment Services provided by Treezor to the Customer under the Agreement for professional or non-professional use.
” SEPA COM PACIFIC bank transfer ” refers to a transfer denominated in euros made (i) between France “Espace SEPA” and New Caledonia, French Polynesia or the Wallis and Futuna Islands or (ii) between New Caledonia, French Polynesia and the Wallis and Futuna Islands.
This policy illustrates the commitments of Treezor, in its capacity as Data Controller in accordance with European Regulation 2016/679 of 27 April 2016 on the protection of personal data, applicable since May 25, 2018, and, more generally, the measures implemented by Treezor to ensure the lawful, fair and transparent processing of personal data.
For a better understanding of the application of this policy, you should refer to the Definitions article to find out the meaning of each term beginning with a capital letter. Therefore, this personal data processing policy cannot be translated into a framework contract for payment services within the meaning of Directive 2015/2366 of 25 November 2015 concerning payment services.
ACPR: Prudential Control and Resolution Authority, 61 Rue de Taitbout, 75009 Paris.
‍CNIL: National Commission for Informatics and Freedoms, 3 Place de Fontenoy, 75334 Paris.
‍Cookie: Connection cookies or “tracers” that may be placed, in the form of files, on the User's browsing platform (Internet Explorer, Opera, Firefox, Google Chrome, Safari, etc...).
‍Data protection officer: The natural person delegated to the protection of personal data within the meaning of articles 37, 38 and 39 of European Regulation 2016/679 of 27 April 2016.
‍Recipient: The natural or legal person, public authority, service or other body, that receives communication of Personal Data, whether or not it is a third party. In this respect, any public authority (Prudential Control and Resolution Authority, National Commission for Informatics and Freedoms, General Directorate of Public Finances, National Agency for Information System Security, etc.) likely to receive communication, as part of a specific investigative mission (control in the context of the fight against money laundering and the financing of terrorism, control and audits of internal security systems, etc...), determined by the European Union law or law French national, is not considered to be a consignee, within the meaning of this definition.
‍Personal data: All personal information concerning the Owner or a User, a natural person identified or who can be identified (hereinafter” Person concerned ”), directly or indirectly, by reference to an identification number or to one or more elements specific to it.
‍Person concerned: This may be the Account Holder or the User, a natural person, as defined in the meaning of the framework contract for payment services, whose Personal Data collected identifies or makes him identifiable, directly or indirectly.
‍Responsible for the treatment: Refers to the natural or legal person who has determined the methods, means and purposes of the processing of Personal Data. Unless otherwise specified, the Data Controller who ensures compliance with this privacy policy is: the Treezor Simplified Joint Stock Company, 33 avenue de Wagram, 75017 Paris.
‍Payment services: All payment services, provided for in the framework contract and offered by Treezor SAS.
‍Subcontractor: The natural or legal person, public authority, service or other body that processes personal data on behalf of the controller.
‍Third party: A natural or legal person, a public authority, a service, or a body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data.
‍Treatment: Any operation or set of operations carried out or not using automated processes and applied to Personal Data, or a set of Personal Data. Operations can result in collection, recording, preservation, structuring, adaptation or modification, communication, dissemination, limitation, destruction, etc.
‍Personal data breach: Any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of Personal Data transmitted, stored, or otherwise processed, or unauthorized access to such Data.
The simplified joint stock company Treezor, with a share capital of 3,334,962 euros, located at 33 avenue de Wagram, 75017 Paris. The company was registered with the Paris Trade and Companies Register, under number 807 465 059.
TREEZOR SAS is represented by Mr. André Gardella, in his capacity as President.
Treezor, as an electronic money institution, is subject to banking legislation and regulations, in particular with respect to obligations relating to the fight against money laundering and the financing of terrorism (pursuant to articles L.561-2 to L561-50 of the Monetary and Financial Code), which requires the data controller to collect a set of Personal Data for specific purposes.
The Data Controller guarantees the lawfulness of the processing, pursuant to a legal obligation, as provided for in article 6 (1.c.) of the European General Regulation 2016/679 of 27 April 2016 on the protection of personal data. In addition, the Data Controller undertakes to process the above-mentioned Personal Data (see above “Article 4. Personal Data processed by Treezor”), for the following purposes:
• getting to know the Person concerned and updating their personal data;
• maintaining and managing the Payment Account (s);
• risk management, control and supervision related to the internal control to which Treezor is subject;
• security and prevention of unpaid bills and fraud, collection, litigation;
• compliance with legal and regulatory obligations and in particular, the identification of inactive accounts, the fight against money laundering and the financing of terrorism, and the automatic exchange of information relating to tax accounts;
• segmentation for regulatory purposes;
• The conduct of statistical studies and the reliability of data for computer security purposes.
The Data Controller also processes Personal Data (See article 3 above) in order to serve its legitimate interests, pursuant to article 6 (1.f.) of the European General Regulation 2016/679 on the protection of personal data. In addition, the purposes of the processing that meet legitimate interests are as follows:
• maintenance and management of payment accounts;
• prevention of the risks of fraud and abuse (in particular the control of abnormal operations);
• IT management in order to ensure the availability, integrity and confidentiality of personal data;
• maintaining the register relating to the management of requests from the Persons concerned (in particular requests relating to the rights of individuals);
• customer segmentation for regulatory purposes. The purposes of the processing may be modified later, subject to new legal or regulatory obligations, as well as changes in the activity of the Data Controller.
Any modification of these Conditions will be brought to the attention of the Person concerned.
The refusal of the Person concerned to provide the abovementioned Personal Data will constitute an obstacle to opening the payment account or accessing Treezor Services.
The Data Controller communicates and shares the Personal Data that is the subject of collection. Personal Data may be communicated to the following Recipients:
• Treezor's internal departments for the purposes of analysis, fraud detection, and management of requests from data subjects relating to their rights;
• Subcontractors in the field of processing Personal Data: agents providing payment services; the site host;
• the payment card processor. Treezor guarantees that the various subcontractors implement the necessary and adequate security measures aimed at ensuring the security, confidentiality and integrity of personal data processed on behalf of Treezor.
Treezor also communicates as part of the execution of services that it subcontracts to:
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• payment card managers and manufacturers; mobile payment managers;
• members of the SEPA banking network (Single Euro Payments Area);
• cheque managers.
Because of legal and regulatory requirements, in particular in the context of an inspection by the ACPR, the CNIL, or a request sent by judicial bodies, the public prosecutor's office, etc...
The processing and hosting of Personal Data are established on the territory of the European Union.
However, if Treezor transfers Personal Data outside the territory of the European Union, Treezor guarantees that these transfers are carried out to states, which are the subject of an adequacy decision by the European Commission, justifying an adequate level of protection, within the meaning of article 45 of the European General Regulation 2016/679 of 27 April 2016 on the protection of personal data.
In the absence of an adequacy decision, Treezor may transfer Personal Data outside the European Union to Subcontractors, under the conditions provided for in article 46 of European General Regulation 2016/679 of 27 April 2016 on the protection of personal data, in particular by drawing up standard subcontracting clauses approved by the CNIL.
The Data Controller and any person under his authority are invested with a security obligation with respect to operations involving Personal Data.
On the one hand, the Data Controller undertakes to protect Personal Data by implementing technical and organizational measures:
• the pseudonymization of Personal Data;
• the means to ensure the continued confidentiality, integrity, availability, and resilience of Personal Data processing systems and services;
• the means to restore the availability of and access to Personal Data within an appropriate time frame in the event of a physical or technical incident;
• a procedure aimed at regularly testing, analyzing and evaluating the effectiveness of technical and organizational measures to ensure the security of the processing of Personal Data;
• any other appropriate measures to preserve the security, availability, confidentiality and integrity of this Personal Data, in particular against accidental or unlawful destruction, accidental loss, alteration, unauthorized dissemination or access.
On the other hand, the Data Controller undertakes to ensure the confidentiality of Personal Data, and to subject any person, under his authority, to comply with this confidentiality obligation. However, the Data Controller will not be responsible, in the event of collection of Personal Data by a third party for his own account.
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Only difficulties concerning the Payment and/or Electronic Money Services provided by Treezor may be the subject of a complaint.In this context, the Customer should first contact the Partner's complaint service, whose contact details are indicated in the contractual conditions concluded between the Customer and the Partner.The Customer may also, if he wishes, contact the Treezor complaint department (i) by telephone at 01.84.19.29.81 (Monday to Friday (excluding public holidays, from 9:00 to 13:00 and from 14:00 to 18:00) , (ii) by email to the following address: reclamations@treezor.com or (iii) by post to the following address: TREEZOR SAS — 33 avenue de Wagram 75017 Paris.Treezor (i) will acknowledge the complaint for which it is responsible within ten (10) working days from its receipt and (ii) will provide a response within the time limits provided for in article L.133-45 of the CMF.
If the Customer considers that the response to his complaint is not satisfactory, he may, by written referral, free of charge and without prejudice to the possible referral to a competent court, request the Association of Payment and Electronic Money Institutions (” AFEPAME ”) from the site https://mediator-consumpation-afepame.fr/.This article does not apply to the Customer acting for professional needs.
The pricing conditions applicable to Payment and/or Electronic Money Services are made available to the Customer by the Partner and are detailed in the Treezor Partner's general terms of use. During the month of January each year, a specific document summarizing all fees collected during the previous calendar year for the provision of the Electronic Money Services and/or Payment Services provided for herein will be sent to the Customer on a Durable Medium. The fees payable by the Customer under the Agreement are additional to those invoiced by the Partner for its own services. These fees due by the Customer under the Agreement are invoiced by the Partner, with the exception of inactivity fees, which are directly invoiced by Treezor to the Customer. Compensation on all amounts due by the Customer may be exercised and the authorization of any Payment Transaction may be conditional on the full payment of the amounts due and payable by the Customer.
When carrying out Payment Transactions in a currency other than the Euro, a currency exchange transaction will be carried out.
The fees and commissions applicable to foreign exchange transactions are provided for by the contractual conditions binding the Customer and the Partner.
The applicable exchange rate is that applied by the card scheme concerned (e.g., Visa or Mastercard) on the date of processing of the transaction concerned.
Payment Instruments and identifiers issued by Treezor must be stored with the greatest care by the Customer.
Upon receipt of a Payment Instrument, the Customer takes all reasonable measures to preserve the use of his Personalized Security Data. These obligations apply in particular to Cards, confidential codes and to any procedure for securing Payment Orders agreed between the Customer and Treezor and/or the Partner. The Customer uses the Payment Instruments that have been issued to him in accordance with the conditions governing their issuance and use.
Any communication of Personalized Security Data to a third party and in particular, where applicable, the Card, Card Data and/or the Confidential Code will constitute a serious breach by the Customer, including when this communication is by the User and is therefore subject to immediate termination in accordance with article 11 “Cancellation”.
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As an exception to the above and depending on the contractual conditions concluded between the Customer and the Partner, the Customer is authorized to disclose the Personalized Security Data relating to his Account and, if applicable, to any other service or payment instrument, to a User duly designated by the Customer and approved by the Partner: the User. The User is therefore bound by the same obligations as the Customer with respect to the security measures provided for herein.
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In the event of loss, theft, misappropriation or unauthorized use of his Payment Instrument or the data linked to it, the Customer must inform the Partner as soon as possible, in order to block the Payment Instrument.
This notification must be made to the Treezor Partner in the manner described in the Treezor Partner's terms of use.
In the event of notification of the loss, theft or misappropriation of a payment instrument, the Customer may then obtain from Treezor, upon request from the Partner and within a period of eighteen (18) months from the notification made, information allowing him to prove that he has indeed made this notification.
In accordance with the Regulations in force, Treezor, where applicable, applies strong Customer Authentication measures when the Customer:
• accesses his Online Account under the conditions specified by the contractual conditions concluded between the Partner and the Customer and/or by the conditions of use of the Partner's Website or Mobile Application;
• executes a payment transaction using a means of remote communication that may involve the risk of payment fraud or any other fraudulent use.
If applicable, and if the Customer subscribes to the Card Services as described in Annex 4, strong Authentication measures may be applied in certain cases when using the Card and in particular in the event of payment on the Internet.
The Strong Authentication measures that may be applicable in the case of Card payment are communicated to the Client/User under the contractual conditions concluded between the Treezor Partner and the Customer and/or by the conditions of use of the Partner's Website.
Treezor reserves the right to block a Payment Instrument, for objectively motivated reasons relating to the security of the Payment Instrument, the presumption of unauthorized or fraudulent use of the Payment Instrument, or the significantly increased risk that the Customer will be unable to fulfill his payment obligation. It is up to the Customer to contact the Partner to understand the reasons for this blocking that the Partner will communicate to him, unless providing this information is not possible for objectively motivated security reasons or is prohibited under other relevant EU or national legislation.
In the event of loss, theft, misappropriation or unauthorized use of his Payment Instrument or the data linked to it, the Customer must inform the Partner as soon as possible, in order to block the Payment Instrument.
After being informed, Treezor immediately takes into account the request to block the Payment Instrument. A registration number for the request is communicated to the Customer by the Partner.
Treezor reserves the right to request from the Customer any document (written declaration, copy of the complaint) providing proof of the declared reason for requesting the blocking of the payment instrument.
The temporary and immediate suspension of all or part of the Payment and/or Electronic Money Services made available to the Customer may be pronounced at the discretion of Treezor for the following reasons:
• if the Customer has not complied with the provisions of the Agreement;
• in the event of an increased risk of the Customer's inability to fulfill his payment obligation;
• in the event of Treezor receiving an abnormal number of refund requests, cancellation of payment orders, unrecovered debit balances, or contestation for unauthorized payment transactions;
• in case of suspicion of a serious breach as defined in article 11 “Termination” of this Agreement.
The suspension decision is communicated to the Customer by the Partner.
The reactivation of the Services will be at the discretion of Treezor, upon presentation of convincing evidence from the Customer, if applicable.
Depending on the severity of the breach, Treezor reserves the right to terminate the Agreement in accordance with article 11 “Cancellation” .Treezor reserves the right to claim damages from the Customer.
Depending on the services offered by the Partner to the Customer, the Customer and/or the User may benefit from a Card under the conditions provided for in Annex 4 of this Agreement.
Depending on the services offered by the Partner to the Customer, the Customer and/or the User may benefit from a service for withdrawing and depositing cash into their Account. Limits in terms of amounts may apply depending on the contractual conditions concluded between the Customer and the Partner.
Cash deposit and withdrawal operations must be carried out with authorized retailers whose list and contact details will be made available to the Customer by the Partner.
Cash deposit and withdrawal transactions will be credited or debited from the Customer's Account on the day the transaction is carried out with the authorized retailer or, if that day is not a Business Day, the following Business Day.
Authorized retailers act as Treezor's payment services agents.
Treezor is subject to compliance with (i) applicable regulations to combat money laundering and terrorist financing and (ii) international sanctions and asset freeze measures. In this context, Treezor must in particular apply vigilance measures with respect to the Customer, its beneficial owners, its agents and all the operations they carry out.
Thus, before entering into a business relationship, and throughout the duration of the business relationship, Treezor may, including through the Partner, ask the Customer to provide it with any information that Treezor considers useful for compliance with said regulations.
In accordance with the Applicable Regulations, Treezor reserves the right to suspend, not execute an operation or to terminate these Conditions, in particular in cases where (i) the Customer does not provide the information necessary to comply with said regulations or (ii) the Services are provided to a Customer or in a country or territory subject to economic or financial sanctions, commercial embargoes or similar measures taken, enacted, or implemented by the Nations. United, by the United States of America, by the United Kingdom United, by the European Union, by France or any Member State or any other sanction recognized by Treezor or, or, (iii) an account would be used in a way that would constitute a violation of the sanctions mentioned in (ii), including in particular any payment, direct or indirect, for the benefit of or received from a person subject directly or indirectly to such sanctions or located in a country or territory under extended sanctions. In this context, Treezor can make any declaration to the competent authorities.
The personal data collected is subject to processing for which Treezor is responsible, in accordance with the “Informatique et Liberté” law No. 78-17 of 6 January 1978 and the General Data Protection Regulation of 27 April 2016.
The applicable personal data policy is attached in Annex 2 to this Agreement.
In accordance with article L. 521-5 of the CMF, the Customer explicitly consents, by accepting these terms, to allow Treezor to access, process and store any information that the Customer has provided to him for the purpose of performing Electronic Money Services and/or Payment Services.
These provisions and this consent do not affect the respective rights and obligations of Treezor and the Customer with regard to the protection of personal data. The Customer may withdraw this consent by closing his Account. If he withdraws his consent in this way, Treezor will stop using this data for the purpose of providing Electronic Money Services and/or Payment services. However, Treezor may continue to process this data for other legitimate purposes and reasons, in particular as part of its legal obligations.
In accordance with article L. 526-35 of the CMF, Treezor is required to respect professional secrecy. All information concerning the Customer and its operations that would be covered by professional secrecy cannot therefore be disclosed to a third party without the Customer's agreement except for the benefit of:
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• Partners acting as electronic money distributors and/or payment service agents; public authorities such as, in particular, the ACPR, the Banque de France, the Institut d'Emission d'Outre-Mer, the Institut d'Emission des Dd'Outre-Mer, the judicial authority acting in the context of criminal proceedings or the tax authority;
• persons with whom Treezor negotiates, executes or concludes the following transactions: (i) acquisitions of interest or control in an electronic money institution, (ii) transfers of assets or business interests, (iii) transfers or transfers of contracts, (iv) service contracts concluded with a third party in order to entrust important operational functions to it, and (v) during the study or preparation of any type of contract or of operations, provided that these entities belong to the same group as the author of the communication;
• entities of the Société Générale Group to which Treezor belongs for the reasons and under the conditions provided for in article L. 511-34 of the CMF and which concern in particular the organization at the level of the Société Générale Group of the fight against money laundering and the financing of terrorism.
In this context, the Customer expressly authorizes, for the entire duration of this Agreement, that professional secrecy be lifted in respect of:
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• any company in the Société Générale Group or any subcontractor or any external service provider bound by professional secrecy under the same conditions as Treezor in connection with the provision of the Electronic Money Services and/or Payment Services subject to this Agreement;
• any Societe Generale Group company with which the Client is or enters into a business relationship, for the purpose of updating the data collected by these companies, including information relating to its tax status and compliance with Treezor's regulatory obligations in the fight against money laundering and terrorist financing and the freezing of assets;
• any company in the Société Générale Group with which the Customer is or enters into a business relationship, in particular for the purposes of prevention, detection, the fight against fraud and the sharing of IT resources.
All operations requiring special treatment, in particular when they cause an irregularity or an operational incident on the Customer's Account, are subject to the application of specific fees as provided for by the contractual conditions between the Customer and the Partner.
Fees or interest will not be collected when the operational incident results from an error, omission or fault attributable to Treezor.
When a forced enforcement procedure is notified to Treezor, then Treezor applies it. Treezor will leave at the disposal of the Customer, under the conditions and in the manner defined by law, and within the limit of the credit balance in the Customer's Customer Account on the day of the seizure, a maintenance sum of an amount fixed by law.
Treezor cannot be held liable in the event of force majeure as defined in article 1218 of the Civil Code and interpreted by case law.
This Agreement and all the rights and obligations relating to it cannot be transferred, totally or partially, by the Customer, both for consideration and free of charge.
Treezor reserves the right to assign this Agreement and all or part of the rights and obligations relating to it to any third party institution provided that the latter has the necessary authorizations to provide the Customer with the Electronic Money Services and/or Payment Services provided for herein.
It is agreed between the Parties that the mutual, liquid and payable debts of Treezor and the Client resulting from the execution of the Agreement are offset by debit and credit from the Account within the limit of the available balance.
In the absence of sufficient provisions on the Customer's Account, the amount remaining due by the Customer after compensation is entered on his account statement on a specific line corresponding to a debt due.
In accordance with the Applicable Regulations, the Customer benefits from a free banking mobility service. This system allows the Customer to automatically transfer the domiciliation of regular transactions from an account opened with another establishment to his Account or vice versa.
The terms and conditions under which the Customer can benefit from the banking mobility service are specified by the Partner.
This article does not apply to the Customer acting for professional needs.
In accordance with the Applicable Regulations, the funds credited to the Customer's Account are protected and are registered in a quartering account opened with a credit institution.
They are thus protected against any recourse from other Treezor creditors, including in the event of enforcement proceedings or insolvency proceedings opened against Treezor.
A brochure from the European Commission concerning payment services is available on the Treezor website.
In the event of the death of the Customer, a natural person, the Partner must be notified as quickly as possible by the rights holders or their agent, in accordance with the terms and conditions provided for in the Partner's conditions.
The amounts held by Treezor on behalf of the deceased natural person Customer will, subject to ongoing transactions, be blocked by Treezor as soon as the death is announced, and then released in accordance with the terms of the inheritance settlement.
Where appropriate, the rules applicable to inactive accounts as provided for in article 36 “Inactive Accounts” shall apply.
An Account is considered inactive within the meaning of the Applicable Regulations under the following conditions:
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• at the end of a period of twelve (12) months during which the following two conditions are met: (i) the Account has not been the subject of any transaction, excluding the recording of interest and the debit of fees and commissions of all kinds and (ii) the Customer, his legal representative or the person authorized by him has not contacted the Partner, in any form whatsoever, or carried out a transaction on another an account opened in his name in the Treezor books; or
• if the Customer has died, at the end of a period of twelve (12) months following the death, during which none of his dependants has informed the Partner of his desire to exercise his rights over the assets registered in the Account.
When an Account is considered inactive, Treezor informs the Partner by any means, who informs the Customer, his legal representative, the person authorized by him or, where applicable, his beneficiaries known to Treezor and indicates to them the consequences attached to it. If necessary, this information is renewed annually until the measures for the deposit of assets are implemented at the Caisse des DĂ©pĂ´ts et Consignations.
Assets registered in inactive Treezor Accounts must be deposited with the Caisse des DĂ©pĂ´ts et Consignation:
• at the end of ten (10) years from the date of the last transaction, excluding the recording of interest and the debit by Treezor of fees and commissions of all types, or from the date of the last event by the Customer, his legal representative or the person authorized by him; or
• at the end of a period of three (3) years after the date of death of the Customer.
In the absence of a request for reimbursement from the Caisse des DĂ©pĂ´ts et Consignation, the amounts are definitively acquired from the French State after the expiry of a period of:
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• twenty-seven (27) years from the date of their deposit with the Caisse des Dépôts and deposit in the event of the death of the Customer;
• twenty (20) years from the date of their deposit with the Caisse des Dépôts and deposit in other cases.
The provisions of this Agreement may be amended and/or supplemented at any time by Treezor.
The Customer is informed by any means of any modification to the Agreement at least two (2) months before the date of entry into force of the proposed changes. The absence of a written objection from the Customer, before the expiry of the two (2) month period constitutes acceptance of the changes by the Customer.
By way of derogation from the above, the Customer is informed one (1) month before the date of entry into force of the proposed changes when the Customer is a natural or legal person acting for professional needs. The absence of a written objection from the Customer acting for professional needs, before the expiry of the one (1) month period constitutes acceptance of the changes by the Customer.
Conversely, the Customer's refusal of the proposed changes before the date of entry into force of the changes constitutes termination of the Agreement with the Partner at no cost. This request does not affect all debits for which the Customer remains liable. The Account will be closed under the same conditions as those provided for in article 11 “Cancellation”.
Any reference to a legal provision means the provision as it may be amended, replaced or codified to the extent that such modification, replacement or codification is applicable or may be applicable to the operations provided for in this Convention.
References made to an individual will include their successors, and authorized assignees.
The French language is used in all pre-contractual and contractual relationships as well as for all communication between the Customer and Treezor.
These conditions as well as pre-contractual relationships are exclusively subject to French law.
The competent courts are the French courts.
If any provision of this Agreement is void or unenforceable under law and regulations, it will be deemed unwritten. However, it will not affect the validity or enforceability of the other provisions of the Convention, and in any event, it will not affect the continuity of contractual relationships, unless this clause is such as to modify the object of the Convention.
” Acceptor ” refers to merchants and service providers adhering to the payment system concerned and accepting the Card as a means of payment.
” ACPR ” refers to the Prudential Control and Resolution Authority.
” Authentication ” refers to the procedure allowing Treezor to verify the identity of the Customer or the validity of the use of a specific payment instrument, including the use of Personalized Customer Security Data.
” Strong authentication ” refers to authentication measures based on the use of two (2) or more elements belonging to the categories “knowledge” (something that only the Customer knows), “possession” (something that only the Customer has), and “inherent” (something that the Customer is) and independent in that the compromise of one does not call into question the reliability of the others, and which is designed to protect the confidentiality of the authentication data.
” Mobile application ” refers to a mobile application published by the Partner and allowing the Customer to use payment and/or electronic money services.
” BIC ” (” Bank Identifier Code ”) refers to an international codification using eight (8) or eleven (11) alphanumeric characters used to identify a financial institution such as Treezor.
” Map ” refers to the systematically authorized payment method in the form of a card issued by Treezor for the benefit of the Customer and/or the User under Additional Services.
” Customer ” refers to the natural or legal person acting under a contract concluded with a Treezor Partner and holder of a Customer Account.
” CMF ” refers to the Monetary and Financial Code.
” Confidential code ” refers to the four (4) digit code allowing the Client/User to authenticate themselves when using the Card from a TPE.
” Account ” refers to the electronic money account or the payment account within the meaning of the CMF, opened in Treezor's books in the name of the Customer.
” Convention ” has the meaning given to it in ARTICLE 2 of the General Conditions of Use of Payment Services/Electronic Money.
” CVV ” (Card Verification Code) refers to the last three digits of the Card verification code located on the back of the Card.
” DAB ” refers to an ATM.
” Map data ” refers to the Card number, its expiration date and/or the CVV.
” Customized safety data ” refers to any personalized data provided by Treezor or the Treezor Partner to the Customer for Authentication purposes (e.g., username, password, confidential code).
” EEA ” refers to the European Economic Area composed of all EU member states, Iceland, Norway and Lichtenstein.
” SEPA area ” refers to the member states of the European Economic Area, Switzerland, the Republic of San Marino and Monaco.
” Societe Generale Group ” refers to the Société Générale group, which Treezor is a member of.
” IBAN ” (” International Bank Account Number ”) refers to the identifier used to uniquely identify a payment account.
” Payment instruments ” refers to the means made available to the Customer by Treezor allowing him to carry out or benefit from Payment Transactions on his Account.
” Business day ” means a day on which Treezor or the service provider of the other party to the payment transaction carries out an activity to execute a payment transaction. The closing days of payment systems that may be used to execute a payment transaction do not constitute business days. ”
Payment transaction ” means the action of paying, transferring, or withdrawing funds from or to the Account regardless of any underlying obligations between the payer and the payee.
” Payment order ” refers to the instruction transmitted: a. by the payer, who gives a payment instruction to Treezor (Payment Order by Transfer); b. by the payer, who gives a payment instruction through the payee who, after collecting the payment order from the payer, transmits it to Treezor, where applicable, through its own payment service provider (Card Payment Order); c. by the payee, which gives a payment instruction to Treezor, based on the consent given by the payer to the payee and, where where applicable, through its own payment service provider (Direct Debit Payment Order).
” Treezor partner (s) ” refers to the third party provider with whom the Customer is in a contractual relationship and acting as a distributor of electronic money and/or a Treezor payment service agent.
” Payment initiation service provider ” refers to an institution authorized to provide a payment initiation service, i.e. a payment service consisting in initiating a payment order at the Customer's request from the Customer's Customer Account.
” Account information service provider ” means a third-party provider authorized to provide an account information service, namely a payment service consisting in providing consolidated information concerning one or more payment accounts held by the Customer, either with a payment service provider or with more than one payment service provider, including Treezor.
” regulating ” means the laws and regulations applicable under the Convention.
” RIB ” refers to a Bank Identity Statement.
” Additional services ” refers to payment services additional to the basic services attached to the Customer Account and from which the Customer may benefit depending on the nature of the services provided to him by the Treezor Partner with whom the Customer has a contractual relationship.
” Payment services ”/ “Electronic Money Services” refer to the services provided by Treezor under the Convention.
” Treezor Partner website ” refers to the Treezor Partner's website with which the Customer has a contractual relationship and from which the Customer has access to a personalized interface allowing him to access online services linked to his Customer Account as well as, where applicable, to Additional Services.
” Durable support ” refers to any instrument that allows the Customer to store information that is personally addressed to him, in such a way that this information can be consulted later for a period adapted to its purpose and reproduced in the same way.
” TPE ” refers to an Electronic Payment Terminal.
” EU ” refers to the European Union.
” User ” refers to any natural person authorized by the Customer to benefit from all or part of the Electronic Money Services and/or Payment Services provided by Treezor to the Customer under the Agreement for professional or non-professional use.
” SEPA COM PACIFIC bank transfer ” refers to a transfer denominated in euros made (i) between France “Espace SEPA” and New Caledonia, French Polynesia or the Wallis and Futuna Islands or (ii) between New Caledonia, French Polynesia and the Wallis and Futuna Islands.
This policy illustrates the commitments of Treezor, in its capacity as Data Controller in accordance with European Regulation 2016/679 of 27 April 2016 on the protection of personal data, applicable since May 25, 2018, and, more generally, the measures implemented by Treezor to ensure the lawful, fair and transparent processing of personal data.
For a better understanding of the application of this policy, you should refer to the Definitions article to find out the meaning of each term beginning with a capital letter. Therefore, this personal data processing policy cannot be translated into a framework contract for payment services within the meaning of Directive 2015/2366 of 25 November 2015 concerning payment services.
ACPR: Prudential Control and Resolution Authority, 61 Rue de Taitbout, 75009 Paris.
‍CNIL: National Commission for Informatics and Freedoms, 3 Place de Fontenoy, 75334 Paris.
‍Cookie: Connection cookies or “tracers” that may be placed, in the form of files, on the User's browsing platform (Internet Explorer, Opera, Firefox, Google Chrome, Safari, etc...).
‍Data protection officer: The natural person delegated to the protection of personal data within the meaning of articles 37, 38 and 39 of European Regulation 2016/679 of 27 April 2016.
‍Recipient: The natural or legal person, public authority, service or other body, that receives communication of Personal Data, whether or not it is a third party. In this respect, any public authority (Prudential Control and Resolution Authority, National Commission for Informatics and Freedoms, General Directorate of Public Finances, National Agency for Information System Security, etc.) likely to receive communication, as part of a specific investigative mission (control in the context of the fight against money laundering and the financing of terrorism, control and audits of internal security systems, etc...), determined by the European Union law or law French national, is not considered to be a consignee, within the meaning of this definition.
‍Personal data: All personal information concerning the Owner or a User, a natural person identified or who can be identified (hereinafter” Person concerned ”), directly or indirectly, by reference to an identification number or to one or more elements specific to it.
‍Person concerned: This may be the Account Holder or the User, a natural person, as defined in the meaning of the framework contract for payment services, whose Personal Data collected identifies or makes him identifiable, directly or indirectly.
‍Responsible for the treatment: Refers to the natural or legal person who has determined the methods, means and purposes of the processing of Personal Data. Unless otherwise specified, the Data Controller who ensures compliance with this privacy policy is: the Treezor Simplified Joint Stock Company, 33 avenue de Wagram, 75017 Paris.
‍Payment services: All payment services, provided for in the framework contract and offered by Treezor SAS.
‍Subcontractor: The natural or legal person, public authority, service or other body that processes personal data on behalf of the controller.
‍Third party: A natural or legal person, a public authority, a service, or a body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data.
‍Treatment: Any operation or set of operations carried out or not using automated processes and applied to Personal Data, or a set of Personal Data. Operations can result in collection, recording, preservation, structuring, adaptation or modification, communication, dissemination, limitation, destruction, etc.
‍Personal data breach: Any breach of security that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of Personal Data transmitted, stored, or otherwise processed, or unauthorized access to such Data.
The simplified joint stock company Treezor, with a share capital of 3,334,962 euros, located at 33 avenue de Wagram, 75017 Paris. The company was registered with the Paris Trade and Companies Register, under number 807 465 059.
TREEZOR SAS is represented by Mr. André Gardella, in his capacity as President.
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The Parties acknowledge that, unless expressly agreed by the Institution, the Account Holder may only issue SEPA transfers governed by a common set of rules and practices defined by the European institutions and the EPC. It is denominated and executed in euros between two (2) bank or payment accounts opened by Payment Service Providers in the SEPA zone.
The procedures for transmitting Payment Orders set out above have the same value as an electronic signature of the Account Holder allowing identification and proof of consent. The Account Holder acknowledges that such Payment Orders transmitted through the Site constitute irrevocable Payment Orders given to the Institution to transfer the funds to the Beneficiary's Payment Service Provider as soon as they are received by the Institution. The revocation by the Holder of his Payment Order may be accepted if it is received prior to receipt by the Establishment of the Order for transfers with immediate execution and before ten hours (10:00) the Business Day preceding the scheduled execution date for forward transfers.
Where the Payment Order is given by a payment service provider providing a payment initiation service, the Account Holder may not revoke the Payment Order after giving consent for the payment service provider providing the payment initiation service to initiate the Payment Transaction.
All Payment Orders by bank transfer are time-stamped and stored for the legal retention period in force. It is expressly agreed that transfers will be executed no later than the end of the Business Day following receipt of the request for immediate transfer and at the agreed execution date for forward or permanent transfers or the next Business Day if this date is not a Business Day. A Payment Order received on a Business Day after ten am (10:00am) is deemed to have been received on the next Business Day.The establishment may be required to refuse to execute a Payment Order by incomplete or erroneous transfer. The Account Holder must reissue the Payment Order to bring it into conformity.
The Institution may also block a Payment Order by bank transfer in the event, in particular, of serious doubt of fraudulent use of the Payment Account, of unauthorized use of the Payment Account, of a breach of the security of the Payment Account, in the event of an asset freeze by an administrative authority or in the event of insufficient provisions on the Payment Account.
The Account Holder expressly mandates the Institution to receive Payment Transactions by bank transfer from an account opened by a SEPA Zone payment service provider in euros.
The Institution collects the funds in the name and on behalf of the Account Holder and credits the latter's Payment Account as soon as possible after the funds are credited to its own account, except in the event of a legal provision applicable to the Institution requiring its intervention. After registering the funds in the Account Holder's Payment Account, the Account Holder receives a payment summary containing the following information: amount, date and time, payment transaction number, name of the payer, the account withdrawn and the beneficiary, and the reason received by the Institution.
The Account Holder, a seller of goods and services, expressly mandates Treezor to receive funds resulting from card payment Orders given by Payers on the Site and corresponding to the purchase price of goods and services sold to payers by the Account Holder. Only “CB” or approved “CB”, Visa or MasterCard cards are accepted.
The Account Holder acknowledges that he will act with respect to card networks on his own behalf as an acceptor. The Account Holder undertakes to comply with all the provisions applicable to its activity defined by law, regulations, professional standards or contractual provisions of card networks.
It recognizes that it may be subject to sanctions or fines, in particular by card networks, in the event of failure to comply with these rules.
In the event of refusal of the Payment Order by Treezor, the Site immediately generates an alert message informing the Account Holder that the Payment Order could not be authorized, inviting the latter, depending on the reason, to try again later and to contact the Customer Service of the Partner, the Payer or the institution issuing the card.
The Payment Order is acquired by the Treezor Payment Service Provider. The Institution credits the Account Holder's Payment Account no later than the Business Day during which his own account was credited with funds. The Account Holder receives a payment summary from the Partner containing the following information: amount, date and time, payment Transaction number, and reference number sent by the Account Holder.
In the event of a failure by the Account Holder to comply with the obligations hereunder or with the laws in force or in the event of an abnormally high rate of unpaid invoices, the Establishment or the Partner may take safeguard and security measures.
The Establishment or the Partner can thus send a warning to the Account Holder valid as a formal notice and specifying the measures to be taken to remedy the breach or to reduce the rate of outstanding payments noted. The Institution or the Partner may also automatically decide, with immediate effect, to suspend the Payment Account in the event of failure to comply with the provisions hereof or in the event of a violation of anti-money laundering and terrorist financing legislation or any other legislation applicable to it.
The Institution or the Partner may also decide to impose a maximum limit on Payment Orders acquired over a given period and/or to request the establishment of a Cash Pledge in accordance with the model provided for in Annex 8 of the agent mandate, in order to cover the amounts due by the Account Holder, in particular in connection with the operation of the interbank system and card networks. It is specified that a Card Payment Order may be the subject of a request for reimbursement by the debtor to its payment service provider within thirteen (13) months following the Payment Transaction in the absence of authorization, resulting in the automatic revocation of the registration to the debit of the Account Holder by the Institution at the request of the Partner. The Account Holder undertakes to accept such a chargeback.
Card Accounts are technical accounts in euros or in Payment Account Currency used to execute Payment Transactions carried out with the Card. The funds credited to Card Accounts are dedicated to the execution of Card Payment Transactions. Card Accounts must have sufficient funds in Currency or euros before the Card Payment Order is transmitted by the Cardholder.
With respect to Currencies, it is the responsibility of the Account Holder to fund each Card Account in Currency through the Site by ordering a transfer from the Payment Account to the Card Account in the designated Currency. The exchange transaction is carried out provided that the Account Holder has sufficient funds in euros in his Payment Account. The conversion into Currency is carried out by the Institution on the day the Operation is processed and at the exchange rate obtained by the Institution, to which are added the fees indicated in Annex 3.
The Account Holder also has the option of transferring Currency from one Card Account to another Card Account or to the Payment Account through the Site. The exchange transaction is carried out provided that the Account Holder has a sufficient supply of Foreign Exchange in his Card Account. The conversion into euros or into another Currency is carried out by the Institution on the day the Operation is processed and at the exchange rate obtained by the Institution, to which are added the fees indicated in Appendix 3.
A statement of the Payment Transactions registered in the Payment Account is sent or made accessible monthly by the Partner to the Account Holder on the Site in order to facilitate the monitoring of his Payment Account. This monthly statement will be authentic between the Parties. The statement must detail the Payment Transactions entered into the Payment Account and include all card transactions in order to facilitate the monitoring of these Card Accounts. The Payment Transactions statement includes the following information: amount of transactions, exchange rate applied, amount of Card Payment Transactions in Currency, amount of commissions. The statement also shows the balance in the Card Account.
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It is the responsibility of the Owner to communicate on the Site its exact address as well as any subsequent changes. In the absence of erroneous information or information, the Establishment can in no way be responsible for harmful consequences for the Account Holder.
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It is recommended that the Account Holder keep the Payment Account statements in the event of a dispute and to check the contents of the statement systematically. For any complaint, he is invited to comply with Article 21.
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A summary of fees will be made available monthly on the Site.
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The conditions of access to the Payment Account are defined by the Partner in the general conditions of use of the Site.
The Account Holder, as soon as he becomes aware of a theft or loss of his data, must request the blocking of his Payment Account as soon as possible. Declarations of fraudulent use of the Payment Account or of loss or theft of the mobile phone must be made by email. operations@regate.io or phone Customer Service +33 (0) 1 86 47 62 68. They must be confirmed by registered letter with acknowledgement of receipt sent to Customer Service. The Account Holder is informed that any false declaration under the Framework Agreement is subject to sanctions provided for by law.
A registration number for this opposition is communicated to the Owner by the Site and is kept for eighteen (18) months by him. At the written request of the Owner and before the expiration of this period, the Site will provide a copy of this opposition.
The opposition request is taken into account immediately by the Partner who communicates it as soon as possible to the Institution in order to proceed with the blocking of the Payment Account. The Establishment cannot be held responsible for the consequences of an opposition that does not come from the Owner. The request for opposition is deemed to have been made on the date of actual receipt of the request by the Establishment or any person authorized by it for this purpose. In the event of theft or fraudulent use, the Establishment is entitled to request a receipt or a copy of the complaint from the Account Holder, who undertakes to respond to it as soon as possible.
In addition, the Institution may block the use of the Payment Account at its own initiative for reasons relating to its security, in the event of presumption of unauthorized or fraudulent use, as well as in the event of a significantly increased risk of inability by the Account Holder to fulfill his payment obligation. This decision is reasoned and notified to the Owner by any means. As soon as a Payment Account receives a significant number of refunds, cancellations of orders or disputes for unauthorized orders, the Institution may block the operation of the Payment Account.
Claims that relate to commercial relationships between the Account Holder, a Payor or a Beneficiary are not admissible to the Establishment. Only those relating to the absence or poor execution of a Payment Order given by the Account Holder to the Institution are covered by this article and by the Framework Contract.If a Payment Transaction is executed by the Institution with errors due to a fault on the part of the latter, the debit of the Payment Account is cancelled and the Payment Account is restored to the situation in which it was before receiving the Payment Order concerned. Thereafter, the Payment Order is represented correctly.
The Account Holder who wishes to contest a Payment Transaction not authorized by him must contact the Customer Complaints Service or use the appropriate form on the Site as soon as possible and within a maximum of thirteen (13) months from the date the contested payment order was debited from the account on which the card operates.
However, the maximum period during which the Account Holder has the possibility of disputing a Payment Transaction is set at seventy (70) days from the date the contested payment order is debited from said account, when the Beneficiary's Payment Service Provider is located outside the European Economic Area, and outside Saint Pierre and Miquelon.
It is specified that any dispute that has not been formulated without delay will only be admissible in the event of a delay duly justified by the Account Holder.
After validation of the legitimacy of the request, the Institution will proceed immediately after becoming aware of the Payment Transaction and at the latest at the end of the first following business day to reimburse the Payment Transaction unless it has good reason to suspect fraudulent action on the part of the Account Holder.
Where the unauthorised Payment Transaction has been initiated through a payment service provider providing a payment initiation service, the Institution will proceed immediately and at the latest by the end of the first following Business Day to refund the Payment Transaction. The Institution will restore the Payment Account in the form of a temporary credit to the condition in which it was if the disputed Payment Transaction had never been carried out. The Institution is in no way responsible for Payment Transactions initiated by the Partner in violation of the General Conditions applicable to the Partner's Services. After investigating the validity of the dispute, the Institution will adjust the Payment Account accordingly. Unauthorized operations carried out before the notification of the opposition are the responsibility of the Owner. Without prejudice to the foregoing, the fault of the Account Holder, such as a voluntary or serious negligent breach of his obligations, a late transmission of the opposition or in bad faith, may give rise to damages.
In the event of loss of Personalized Security Data due to acts or a deficiency of an employee, agent or service provider of the Establishment, the Account Holder is not responsible for the resulting losses; In addition, in the event of unauthorized Payment Transactions carried out without the Institution requiring strong Authentication from the Account Holder and unless the latter acted fraudulently, the Account Holder is not responsible for the resulting losses. Payment Operations carried out after the opposition of the Account Holder are supported by the Establishment except in fraud cases.
In accordance with the regulations, in the event of an unauthorized Payment Transaction resulting from the loss or theft of the Card, the Account Holder bears, before the objection provided for in article 9.1, the losses related to the use of his Card up to a maximum of fifty (50) euros.
The Framework Contract is concluded for an indefinite period starting from its acceptance by the Parties.
The Institution reserves the right, at any time, to modify the Framework Contract.
Any proposed modification following changes in the regulations applicable to the Framework Contract is notified to the Owner on Durable Support, before the date of application proposed for its entry into force, following a notice of fifteen (15) days from the date of such notification to the Owner.
In the absence of a written objection by registered letter with notice of receipt sent to the Establishment by the Owner before the expiry of this period of fifteen (15) days, the latter is deemed to have accepted these changes. In the event of refusal of the proposed amendment within the specified period, the Holder may terminate the Framework Agreement at no cost upon written request, before the proposed effective date of the modification. This request does not affect all debits (fees, contributions, payments) for which the Account Holder remains liable.
In the event of a modification of the Framework Agreement that does not follow the evolution of the regulations applicable to the Framework Contract, the draft modification of the Framework Agreement is notified to the Holder on Durable Support, before the date of application proposed for its entry into force, following a notice of two (2) months from the date of such notification to the Holder.
In the absence of a written objection by registered letter with notice of receipt sent to the Establishment by the Owner before the expiry of this period of fifteen (15) days, the latter is deemed to have accepted these changes. In the event of refusal of the proposed amendment within the specified period, the Holder may terminate the Framework Agreement at no cost upon written request, before the proposed effective date of the modification. This request does not affect all debits (fees, contributions, payments) for which the Account Holder remains liable.
The Holder may at any time request the termination of the Framework Contract. This request must be formalized by a registered letter with acknowledgement of receipt sent (i) directly to the Establishment or (ii) to the Partner, the latter being responsible for informing the Establishment without delay of the cancellation notified by the Account Holder, by email to the address [•].
The termination will take effect at the expiration of one (1) month from the date of receipt by the Institution of said letter (“Effective Date of Cancellation”).
The Account Holder must maintain a sufficient balance to ensure the successful completion of the current Payment Transactions for the time necessary for their completion and the payment of the fees due under the Framework Contract.
In the event of a serious breach by the Owner or the Establishment, the Framework Contract may be resolved with immediate effect by registered letter with notice of receipt. The resolution will take effect from the date of receipt of said letter by, where applicable, the Holder or the Institution (“Effective Date of the Resolution”).
It is understood as serious breaches committed by the Account Holder: communication of false information, exercise of illegal activity, contrary to good morals, suspicion of money laundering or terrorist financing, threats against employees of the Institution, failure to pay, failure to comply with an obligation of the Account Holder hereunder, excessive indebtedness, closure of his Profile.
It is understood as serious breaches committed by the Institution: communication of false information, failure to comply with an obligation under the Framework Contract, appointment of an ad hoc agent or a judicial administrator, opening of reorganization or liquidation proceedings.
In the event of a change in the applicable regulations and in the interpretation made by the Regulatory Authority concerned affecting the ability of the Institution or its agents to provide Payment Services, the Framework Agreement will be automatically resolved by registered letter with notice of receipt, the date of receipt of the said letter being equivalent to the Effective Date of the resolution.
In the event of the appointment of an ad hoc agent, safeguard proceedings, reorganization or judicial liquidation, the Institution may notify by registered letter with notice of receipt of the resolution of the Framework Contract to the mandatary or liquidator, which will take effect upon receipt, subject to the applicable legal provisions (“Effective Date”).
The Payment Account will be closed on the Effective Date of the resolution provided that all amounts due in accordance with the Framework Agreement have been paid by the Account Holder. This resolution implies termination of the Framework Contract and does not call into question the services previously performed or in the course of execution on the Effective Date. The Account Holder will no longer be able to send a Payment Order as of the Effective Date. The Payment Account may be maintained for a period of fifteen (15) months in order to cover possible disputes and subsequent claims. Payment Transactions initiated before the Effective Date of Termination will not be affected by the cancellation request and must be executed in accordance with the terms of the Framework Agreement.
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The Partner will notify the Account Holder of the name of a successor designated to the Establishment in order to provide services equivalent to those provided for by the Framework Contract. The Licensee will be invited to conclude a new contract with the designated successor. For this purpose, he must confirm in writing to the Institution the transfer of funds belonging to him, the amount and date of which will be notified to him.
Once the Account Holder creates a Payment Account, he undertakes to comply with all the provisions of the Framework Agreement.
The Account Holder guarantees that the information on his Profile, as well as the information concerning each User, is accurate as of the date of the request to open the Payment Account and undertakes to update it as soon as possible following the changes throughout the duration of the Framework Agreement. If necessary, the Establishment and the Partner cannot be held responsible for any damage that may result from an inaccuracy or a change in the event that they have not been notified by the Account Holder.
The Account Holder undertakes to keep the confidential code or any other code secret in order to access or use his Payment Account. In the event of unauthorized use of the Payment Account by a third party, the Account Holder bears the losses resulting from fraudulent acts on his part, an intentional breach or serious negligence of his obligations under the Framework Agreement, subject, in the latter case, to the provisions of article 9.5.
The Account Holder undertakes to operate his Payment Account in compliance with monetary, fiscal or foreign financial relations legislation, embargoes, the fight against corruption, money laundering and the financing of terrorism, in force in France and in the member country of the European Union in which the Institution is established for the conclusion of the Framework Contract. The Owner also undertakes to carry out only activities that comply with the regulations applicable to it. He will be responsible for any fine, penalty or damages borne by the Establishment and resulting from an illegal, unlawful or contrary activity or good morals of the Owner.
In this respect, the Owner undertakes not to carry out or promote the exercise of criminally punishable activities such as the endangering of minors, acts of pedophilia, acts of counterfeiting of works protected by an intellectual property right, failure to protect Personal Data, attacks on automated data processing systems, acts of money laundering or terrorist financing, failure to comply with provisions relating to games of chance, racing of horses, to lotteries and provisions relating to the conditions for the exercise of regulated professions.
In accordance with:
The Holders concerned undertake to provide the Institution with all documents and supporting documents concerning their country (s) of residence for tax purposes.
The Parties acknowledge that Payment Orders sent in accordance with the above and registered by the Institution are deemed authorized by the Account Holder (whether given by him or a User) and duly authenticated. Proof of this authentication may be provided by the reproduction on a computer medium of the use of the technical means allocated for this purpose by the Site to the Owner.
The Account Holder is informed that telephone conversations with the Partner's staff and with the Establishment's staff may be recorded by him or any company authorized for this purpose, in order to ensure them a better quality of Payment Services.
A Payment Account is deemed to be inactive in the following cases:
When the Institution notes that the Payment Account is inactive, it informs the Partner who contacts the Account Holder or his dependants, if necessary, of the consequences of this inactivity. This information will be renewed, if applicable, for two (2) or nine (9) years and one last time six (6) months before the closing date of the Account, under the conditions provided for by the regulations.The assets registered in the Inactive Payment Account are deposited to the Caisse des DĂ©pĂ´ts et Consignations after a period of three (3) years in the event of the death of the Inactive Payment Account Holder, and ten (10) years in the event of the death of the Inactive Payment Account Holder. years in other cases, from the date of the last Payment Transaction, excluding the recording of debits by the Institution holding the account of fees and commissions of all types.
On request from the Partner via the Site, the Account Holder may obtain the conditions for transferring his Payment Account in order to obtain the role of the arrival institution and the departure institution at each of the stages of the banking mobility procedure, as provided for in article L. 312-1-7 of the Monetary and Financial Code, the deadlines for completing the various steps, the information that the Account Holder may need to communicate, the procedures for referring to the service of customer relationships for the purposes of receive possible complaints.
The Establishment and the Partner are required to maintain professional secrecy with respect to the Account Holder, in accordance with the regulations in force.
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However, this secrecy may be lifted, in accordance with the regulations in force, pursuant to a legal, regulatory and prudential obligation, in particular at the request of the supervisory authorities, the tax or customs administration, as well as that of the criminal judge established by article L.562-4 of the Monetary and Financial Code or in the event of a judicial requisition.
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Notwithstanding the foregoing, the Account Holder has the right to release the Institution and the Partner from professional secrecy by informing him in writing of the third parties authorized to receive confidential information concerning him. Professional secrecy may also be waived in accordance with regulations for the benefit of companies providing important operational tasks to the Establishment under the Framework Contract.
The Partner and the Establishment declare that they comply with the applicable regulations on the protection of Personal Data, in particular:
Personal Data is collected by the Partner for the sole purpose of performing payment services under the Framework Agreement. The Partner acts, in its capacity as a subcontractor within the meaning of article 4 of the RGPD.
The purposes of the treatment
‍The Institution, in its capacity as Data Controller, processes the Personal Data of the Persons concerned in connection with the management of the Payment Account (s) and the provision of payment services subject to the Contract.The processing carried out by the Institution has the following purposes:
Legal basis for the treatment
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The Institution justifies the lawfulness of the data processing, pursuant to article 6 (c) of Regulation 2016/679 of 27 April 2016.By virtue of its status as an electronic money institution, Treezor must carry out the processing provided for below in order to meet its legal obligations.
The Personal Data collected by the Partner in the name and on behalf of the Institution in connection with the provision of payment services, are as follows:
Mandatory nature of the collection of Personal Data
The processing by the Establishment of the Personal Data provided for in article 19.1 is mandatory. The refusal by the Persons Concerned to communicate all or part of their Personal Data may result in the rejection of the request to open the Payment Account by the Institution.
The Account Holder authorizes the Establishment, by accepting these terms, to communicate, under the conditions described below relating to professional secrecy, Personal Data concerning them, in connection with the provision of payment services and the management of Account (s), to:
Mandatory nature of the collection of Personal Data
The processing by the Establishment of the Personal Data provided for in article 19.1 is mandatory. The refusal by the Persons Concerned to communicate all or part of their Personal Data may result in the rejection of the request to open the Payment Account by the Institution.
The processing and hosting of Personal Data is carried out in the European Union.
The processing and hosting of Personal Data Personal Data is retained, in order to comply with legal and regulatory obligations as well as for security purposes, for a period of five (5) years from the date of closure of the Account for information collected for the purposes of combating money laundering and terrorist financing. Any information collected for the purposes of combating money laundering and terrorist financing is carried out in the European Union.
The rights of the persons concerned
Subject to the restrictions set out in banking and Personal Data protection legislation, Data Subjects have the right to access, rectify, restrict, oppose, delete and portability of Personal Data concerning them.To exercise any of these rights, Data Subjects must send their request to the following address: TREEZOR SAS33 Avenue de Wagram75017 Paris or by email to the following address: dpo@treezor.com.A maximum period of one (1) month may be required between the receipt of the request and the response of the Institution.
In accordance with the provisions of articles L.561-2 and following of the Monetary and Financial Code, relating to the participation of financial organizations in the fight against money laundering and the financing of terrorist activities, the Institution is required to obtain information from the Account Holder for any transaction or business relationship initiated under the conditions of articles L 561-2 et seq., of the Monetary and Financial Code, in particular, of the origin, object and destination of the Payment Transaction or opening the Payment Account. In addition, he must carry out all the necessary steps to identify the Owner and, where appropriate, the beneficial owner. The Account Holder undertakes to make every effort to allow the Institution to carry out a thorough examination of the Payment Transaction, to inform it of any exceptional transaction compared to the Payment Transactions usually recorded on its Payment Account and to provide it with any required document or information.
It recognizes that the Institution may be required to set up surveillance systems aimed at combating money laundering and the financing of terrorist activities.
The Account Holder acknowledges that the Institution may terminate or postpone the opening of the Payment Account or the execution of a Payment Transaction at any time in the absence of sufficient information on its purpose or nature. It is informed that a Payment Transaction carried out in the framework of this Agreement may be subject to the exercise of the right to communication by the national financial intelligence unit.
The Owner may, in accordance with regulations, access all the information thus communicated provided that this right of access does not call into question the purpose of combating money laundering and the financing of terrorism when this Personal Data relates to the Owner and is held within the framework of articles L621-8, L621-9 and L621-10 of the Monetary and Financial Code.
No proceedings based on articles 226-13 and 226-14 of the Criminal Code and no civil liability action may be brought or any professional sanction pronounced against the Institution, its directors or employees or against another person referred to in article L.562-1 of the Monetary and Financial Code who have made in good faith the declarations referred to in articles L.561-22 of the same Code.
In the event of difficulties concerning the Services provided by Treezor and the Partner, the Account Holder may, at his choice, contact the Partner's Customer Complaints Department in order to obtain all the required information, or file with Treezor any complaint communicated in writing to the Treezor Customer Complaints Department. Partner Customer Complaints Department:
In this context, the Partner undertakes:
Treezor Customer Complaints Department:
In addition, the Treezor Customer Complaints Department can be reached by telephone at the following number: +33 (0) 1.84.19.29.81 (service open Monday to Friday (excluding public holidays) from 9:00 to 13:00 and from 14:00 to 18:00) .In this context, Treezor is committed to:
The Parties will not be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of Force Majeure within the meaning of article 1218 of the Civil Code.
The language used during pre-contractual and contractual relationships is French. The Owner expressly accepts the use of the French language during the contractual relationship. Any notification for the purposes of this Framework Agreement must be made (and will be deemed to have been received on the date of receipt) by registered mail with notice of receipt or delivered in person to the following address:
Treezor SAS
Legal department
33 Wagram Avenue
75017 Paris
and by email: reclamations@treezor.com
or through the Site's Customer Service, whose contact details are indicated in the legal notices.
The Account Holder is informed that the funds credited to the Account are protected in accordance with article L.522-17.I of the Monetary and Financial Code and are registered in a quartering account opened under the conditions required by regulations. They are thus protected against any recourse from other creditors of the Institution, including in the event of enforcement proceedings or insolvency proceedings opened against the Institution.
These terms may not be the subject of total or partial transfer by the Owner, for a fee or free of charge. In the event of a breach of this prohibition, in addition to the immediate termination of these terms, the Owner may be held liable.
The Framework Agreement is subject to French law. In the absence of an amicable agreement, all disputes relating to the formation, validity, interpretation, execution or termination of the Framework Agreement fall under the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal at Treezor's head office.
General conditions of use of the BUSINESS Card concluded between:
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TREEZOR simplified joint stock company, registered in the Trade and Companies Register under number 807 465 059 R.C.S. Paris, whose registered office is located at 33 Avenue de Wagram, 75017 Paris, acting as an electronic money institution within the meaning of article L.525.1 of the Monetary and Financial Code and approved by the Prudential Control and Resolution Authority, Banque de France, 4 Place de Budapest CS 92459 7559 336 Paris cedex 09, www.regafi.fr, under number 16798,
‍
(hereinafter referred to as” Treezor ”), and;
‍
The Cardholder, a natural person authorized by the Account Holder to be able to use a Professional Card as part of their professional activity associated with the Cardholder's Card Accounts. The Holder, who will provide, upon request, proof of the links uniting him with the Carrier acting for professional needs,
(hereinafter referred to as the” Porter ”), and:
‍
The OWNER, a legal entity acting for professional needs that has concluded a framework service contract
to pay with Treezor,
(hereinafter referred to as” The incumbent ”);
Together referred to as the” Parties ”.
The provisions of the Payment Services Framework Agreement are applicable to the General Terms of Use of the Card. Furthermore, capitalized terms have the meaning given to them in the Framework Contract.
The purpose of these T&Cs is to define the conditions of subscription and use of the Card by the Holder. The Card is a BtoB “Debit” MasterCard card
In these T&Cs, and unless the context requires a different interpretation, the terms used with a capital letter have the meaning given to them below:
refers to the acceptor of a Card Payment Order with an Acceptance Point.
Refers to cash dispensers
refer to these General Conditions of Use of the Card
means Treezor acting as the issuer of the Card
refers to the instruction initiated by the Holder with his MasterCard Card in order to transfer funds to a designated Acceptor.
refers to the payment page or the payment terminal allowing a Holder to transmit a Card Payment Order to an Acceptor.
refers to the MasterCard network.
In the absence of definition, the terms used with a capital letter will have the meaning given to them in the Master Payment Services Agreement concluded between the Account Holder and Treezor.
The Account Holder has previously concluded a Payment Services Framework Agreement and is the holder of a Payment Account.
He wishes to designate one or more Holders and undertakes to have these terms accepted by each of them.
Through the Site, the Account Holder transmits the following information and documents relating to the User:
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- a copy of a valid, legible identity document such as an identity card or passport
- to respond to the Account Holder within fifteen business days of receiving the complaint. However, if additional time is required to respond, Treezor will send a waiting response explaining this delay. It will keep the Account Holder informed of the progress of the processing of his complaint. In any event, the Account Holder will receive a response with proof of address from the signatory less than three months old (bill, water, gas, electricity, operator).
fixed telephone or ADSL or cable TV, or tax notice, or rent receipt with full contact details of the lessor) .finitive no later than thirty-five (35) business days following receipt of the claim by Treezor.
The Account Holder gives each Holder, through a power of attorney, the power to issue Card Payment Orders on the Card Account.
It is specified that a Holder may only have one Card.
The Account Holder undertakes to fund the Payment Account and the Card Account (s), so that the Holder can dispose of the funds, according to the terms agreed between the Account Holder and the Holder, at the latest before Treezor authorizes the Card Payment Order. The Account Holder funds the Payment Account and the Card Account (s) in accordance with the provisions of the Framework Agreement and hereunder.
The Card is issued by Treezor and remains the property of Treezor, at the request of the Account Holder, to the address indicated by him. It is up to him to deliver the Card to the Holder. Treezor may refuse to issue the Card to a Holder designated by the Account Holder. In this case, he informs the Owner of the reasons for his decision at the latter's request, unless prohibited by applicable regulations.
The Holder must connect to the Site to be able to activate his Card according to the instructions given to him. Upon activation, the Carrier is invited to accept these T&Cs. This acceptance conditions the activation of the Card. In addition, the Holder must have personalized security data in accordance with article 7 hereof to be able to use the Card. The Card will be fully activated upon first withdrawal at the ATM with the use of personalized security data.
The Card is intended for professional purposes and makes it possible to carry out Payment Transactions for professional purposes, such as the payment of expenses incurred on behalf of the Account Holder. The Holder undertakes to use the Card or its number exclusively within the framework of the Payment Card Network whose brand is affixed to the Card and to comply with the rules relating to each of the marks affixed to the Card.
The Card is strictly personal, and its holder must affix his signature upon receipt as soon as a space provided for this purpose exists on the support of the Card. It is strictly forbidden for the Cardholder to lend or dispose of the Card. When a signature sign appears on the Card, the absence of a signature on the Card justifies its refusal to accept it.
The Carrier is prohibited from affixing adhesive labels or stickers or from registering on the Card except for the signature referred to above. The Holder is prohibited from making any functional or physical alteration to the Card that could hinder its operation or that of electronic payment terminals and automatons (Electronic Equipment), or automatic banknote dispensing devices (DAB).
The Card allows its holder:
Personalized security data are defined by Treezor and allow the Holder to use the Card. They consist in particular of a personal code that is sent to him by separate letter sent to his home by Treezor, personally and only to him. The Holder may be invited to choose his code when activating the Card. In all cases, the Holder must take all appropriate measures to ensure the security of his Card, the confidential code and, more generally, any other element constituting the personalized security data of the Card. He must therefore keep his code absolutely secret and not communicate it to anyone.
As an exception, the Account Holder may communicate it to third party payment service providers authorized in a Member State of the European Union or in a State party to the European Economic Area, for account information and payment transaction initiation services, within the meaning of article 4 of European Directive 2015/2366. The Account Holder must ensure that this payment service provider is authorized for these services and that it enters its personalized security data in a secure environment.
In particular, he must not write it on the Card or on any other document. He should take care to compose it away from prying eyes. He must use the personalized security data each time he receives instructions from the Acceptance Point otherwise he will incur liability. This code is essential for the use of Electronic Equipment and any remote payment terminal (such as a secure reader connected to a computer, TV decoder, mobile telephone with Card insertion, etc.) designed in such a way that no operation can be carried out without implementing this confidential code. The number of successive tests to compose the confidential code is limited to three (3) on Electronic Equipment. On the third unsuccessful attempt, the Cardholder causes the Card to be invalidated and/or, where appropriate, captured. When the Card Holder carries out a remote Acceptance Point payment transaction with the entering of the confidential code, he must ensure that this terminal is authorized by the Network by verifying the presence of the MasterCard brand and using it exclusively for the purposes referred to in article 1 of the Card's Terms of Use. The Cardholder must take all appropriate measures to ensure the security of personalized security data, which, in addition to the confidential code, can be a remote payment terminal in their custody.
To ensure the security of Card Payment Orders given remotely (Internet for example) by the Card Holder, the Card Holder may be asked to communicate, in addition to the usual data related to the remote use of the Card (number, validity date and visual cryptogram on the back of the Card), any other data (for example a password or a code that is then different from that referred to in article 8) allowing authentication along with the Payment Order, which may, if necessary, be communicated by Treezor. Personalized security data related to remote use accepted by Treezor is available on the Site. The Cardholder acknowledges having been informed by Treezor that, for any Secure Card Payment Order given remotely from abroad, the sending by Treezor of the security data referred to above may result in the Cardholder paying additional fees to any carrier of such data, in particular to its mobile telephone operator. These costs will remain the responsibility of the Account Holder, which the latter already accepts.
The Cardholder and Treezor agree that the Cardholder gives their consent to carry out a Payment Transaction before or after the determination of its amount:
The Cardholder and Treezor agree that the Cardholder may use the Card for a series of Card Payment Transactions, hereinafter referred to as “recurring and/or installment payments”, with Acceptors for purchases of goods and/or services. The Holder gives his consent to the series of Card Payment Transactions by communicating and/or confirming data related to the remote use of the Card during the first operation, if necessary via an authorized interbank digital wallet.
The Holder may withdraw his consent to the execution of an Operation or series of Operations in the future at the latest by the end of the Business Day preceding the day agreed for its execution. The Card payment transaction is authorized if the Holder has given his consent in one of the forms defined above. From that moment on, the Payment Order is irrevocable. However, the Holder or the Account Holder may oppose payment in the event of judicial reorganization or liquidation proceedings by the Acceptor.
Cash withdrawals at ATMs are possible within the limits of ATM availability. The recorded amounts of these withdrawals, as well as any commissions, are immediately debited from the Cardholder's Card Account without any obligation to indicate the number or name of the Cardholder of the Card used, and the Payment Account is debited.
The Card Holder must, prior to each withdrawal and under his responsibility, ensure the existence of a sufficient and available balance on the Card Account on which the Card operates and, if applicable, on the Payment Account to which it is associated. The Account Holder undertakes to maintain it until the corresponding flow rate.
The exchange conditions when using the Card to withdraw cash in Currency are governed by article 12 hereof.
The Card is a payment instrument that should only be used to pay for purchases of goods actually delivered and services actually rendered. Card payments are made according to the conditions and procedures in force at the Acceptors. In principle, they include the verification of the confidential code and, under certain conditions defined by the Payment Card Networks, a request for authorization. When the Acceptor is in a country of the European Economic Area (the member states of the European Union, Iceland, Norway and Liechtenstein), he has the option of installing a priority selection mechanism on the Electronic Equipment. If the Holder does not agree with this choice, he may ask the Acceptor to use another brand or another payment application that is displayed as “accepted” by the Acceptor.
For Card Payment Orders given remotely, the Holder may be required to comply with a procedure for securing said Payment Orders as referred to in article 9.
Payments presented for collection by the Acceptor involve a debit from the Card Account resulting in the debit of the Payment Account on which the Card operates. The Card Account on which the Card operates is immediately debited for the amount of Payment Transactions carried out using said Card, including in the event of the death or legal incapacity of the Holder, incidents in the operation of said Account (enforcement procedure), closure of the Payment Account or withdrawal from the Card by Treezor, a decision that would be notified to the Holder and to the Account Holder by simple letter. Disputes concerning these Operations are dealt with under the conditions provided for in Article 18.
The Cardholder must ensure that on the day the payments are debited, the Card Account on which the Card operates, or the Payment Account to which it is associated, has a sufficient and available balance that will be transferred to the Acceptor.
The detailed amount of the amounts debited from the above-mentioned Card Account appears, except in exceptional cases, on a Transaction statement sent after each Operation through the Partner and results in the debit of the associated Payment Account.
Treezor remains foreign to any commercial dispute, that is to say other than relating to the Payment Order, that may arise between the Holder and an Acceptor, or between the Holder and the Account Holder. The existence of such a dispute can in no way justify the refusal of the Cardholder or the Cardholder to honor Card payments. A Card Payment Transaction may only be possibly reimbursed by an Acceptor if there has previously been a transaction debited for a greater or equal amount. This refund must be made with the same Card that was used for the initial transaction.
A Payment Transaction may be carried out in order to obtain “quasi-cash” (casino chips, currency purchases, etc.) in locations authorized to do so. In some cases, the merchant may request that the Cardholder have an available balance greater than the value of the Payment Transaction he wishes to make. Only the actual and final value of the Payment Transaction will actually be charged to the Card Account and, where applicable, the Payment Account. Acceptors take guarantees and must block funds that will not necessarily be charged to the Card. For example, this could be:
- hotels, car rental companies, and
-websites — some Acceptors' sites request authorization on the Card for
ensure the availability of funds This authorization has a temporary impact on the balance available on the Card Account and, if applicable, on the Payment Account. Many merchants only charge the Card when the goods are shipped, so the Cardholder must ensure that sufficient funds are always available to cover these purchases.
The Card should not be used in situations where it is not possible to obtain an online authorization request that would allow you to know the balance available on the Card. The Card can be used at self-service fuel pumps in France, provided that the available balance in the Card Account and, where applicable, in the Payment Account exceeds the amount of the guarantee required to authorize the purchase. The Card may be used to pay at cash.The exchange terms when using the Card to pay for the purchase of goods and services in Currency are governed by section 12 hereof.
The Holder has the option of making withdrawals or Card Payment Transactions in Currency. In fact, the Card is recognized by the Network as a domestic card in local currency, provided that sufficient provisions are available on the corresponding Card account denominated in said Currency.
In the event of an insufficient amount on the Card Account, if the amount of the Card Payment Transaction is available on the Payment Account, the Transaction will be treated as an international Card Payment Transaction, under the conditions described below.
When the Holder uses his Card to withdraw cash or pay for goods or services in a currency not offered by the Institution or if the corresponding Card Account does not have sufficient funds at the time of transmission of the Payment Order, the Payment Transaction is executed under the following conditions using the provision available in euros on the Payment Account. The exchange rate that may be applicable is that in force on the date the Payment Transaction is processed by the Payment Card Network concerned. The currency conversion is carried out by the relevant Payment Card Network center on the day the Payment Transaction is processed at that center and under the exchange conditions of said Payment Card Network.
The Card Payment Transaction statement includes the following information: amount of the payment transaction in the original currency, amount of the payment transaction converted into euros, amount of commissions, exchange rate applied. The Payment Account statement shows the balance in the Payment Account.
By agreement, Treezor informs the Holder that the Card Payment Order is received by Treezor at the time it is communicated to him by the Acceptor's Payment Service Provider or by the ATM manager through the clearing or settlement system of said payment order. When the Card Payment Order is executed within the European Economic Area, Treezor has, from this moment of receipt, one (1) Business Day to transmit the funds to the Acceptor's payment service provider. With regard to withdrawals, Treezor informs the Bearer that the withdrawal order is executed immediately by making cash available in the hands of the Bearer.
When the Holder denies having given his consent to carry out a Card Payment Transaction, it is up to Treezor to provide proof that the Transaction has been authenticated, duly recorded and accounted for in accordance with the state of the art (in the state of existing scientific and technical knowledge), and that it has not been affected by a technical defect. This proof of the use of the Card and personalized security data may be provided by any means, in particular by registering the Acceptance Points or reproducing them on a computer medium. Treezor may use these records as justification for charging them to the Card Account on which the Card operates.
Treezor is responsible for direct losses incurred by the Owner and the Carrier due to a technical defect in the Network over which Treezor has direct control. However, Treezor is not liable for a loss due to a technical defect in the Network if this is reported to the Carrier by a message on the Acceptance Point or in another visible manner.
The Holder must take all measures to keep his Card and preserve the personalized security data attached to him, in particular his confidential code. It must use it in accordance with the purposes specified in article 1. The Account Holder assumes the consequences of using the Card as long as an objection has not been requested under the conditions provided for in the Framework Agreement.
Unauthorized Card Payment Transactions due to the counterfeiting of the Card or the unauthorized use of data related to its use are the responsibility of Treezor, except in the cases provided for in Article 21 “Guarantee” or in the event of fraud by the Account Holder. Unauthorized Operations carried out after the objection request is the responsibility of Treezor.
The T&Cs are concluded for an indefinite period. They may be cancelled at any time by registered letter with a request for acknowledgement of receipt by the Account Holder, the Carrier or by Treezor. Cancellation by the Account Holder or by the Holder takes effect sixty (60) days after the date of sending its notification to Treezor. The Holder undertakes to return the Card on the effective date of cancellation. He undertakes to respect and ensure that the Carrier complies with all contractual obligations incumbent upon them under the T&Cs up to the date mentioned above. From the effective date of the termination, the Holder no longer has the right to use it and Treezor may take all appropriate measures to do so.
The Card has a validity period whose expiry date is written on the Card itself. The limited duration of the validity of the Card meets in particular technical and security requirements, and has no effect on the indefinite duration of the T&Cs. At the expiry date, it is subject to an automatic renewal of support unless the T&Cs have been terminated under the conditions provided for herein. In addition to cases of blocking resulting from the management of the Payment Account and the Card Accounts on which the Card operates, Treezor may block the Card for security reasons or the presumption of an Unauthorized or Fraudulent Operation, or in the event of a significantly increased or proven risk that the Account Holder is unable to fulfill his payment obligation. This blocking decision is motivated and notified to the Holder in all cases. In these cases, Treezor may withdraw the Card or have it withdrawn by an Acceptor or by an institution duly authorized to provide payment services. The closure of the Payment Account on which a Card operates results in the closure of the associated Card Accounts and the obligation to return the associated Card (s). The final termination of the Payment Account may only take place at the earliest one (1) month after the return of the Card (s).
The Account Holder has the option of disputing a transaction, by presenting the ticket issued by the Electronic Equipment or a proof of the Card Payment Order, as quickly as possible and within a maximum of one (1) month from the date of the debit to the Card Account on which the contested Payment Order Card operates.
Disputes concerning the price of the goods or services purchased are not admissible with Treezor. Only those relating to the absence or poor execution of the Payment Order given by the Holder to Treezor are covered by this article.
By way of derogation, the Account Holder is entitled to the reimbursement of an authorized Payment Transaction if the authorization given did not indicate the exact amount of the Payment Transaction and if the amount of said Transaction exceeds the amount that the Holder or Account Holder could reasonably expect. In this case, Treezor may ask the Owner to provide all the information relating to the requested refund. The refund request must be submitted before the expiration of a period of eight (8) weeks beginning from the date of the debit to the Card Account on which the Payment Order Card that is the subject of the refund request operates.
Treezor has ten (10) business days from receipt of the refund request to make the refund or to justify its refusal to do so. Treezor, the Account Holder and the Holder agree to take the best care in informing each other about the conditions for the execution of the Payment Transaction. If necessary, and in particular in the event of fraud or suspicion of fraud committed by an identified or unidentified third party, Treezor may request a receipt or a copy of a complaint.
The Account Holder may file a dispute with Treezor when, when withdrawing cash, the Card Holder has not received the full amount requested. The dispute must be submitted before the expiration of a period of eight (8) weeks starting from the debit of the Payment Transaction. The amount of the return of the funds is then equal to the sum not received. It is up to the Account Holder to prove the absence of receipt of funds.
The Account Holder is reimbursed:
Treezor undertakes to exchange the Card declared defective at any time. The defective product must be returned to Treezor in the same condition by registered mail with acknowledgement of receipt (these shipping costs will be reimbursed to the Account Holder out of his reserve of funds if the product is proven defective after verification by his services). The Card declared erroneously defective will be returned to the Holder, causing the Holder to incur management fees, which will be deducted from his reserve of funds. In any event, the Owner benefits from legal guarantees of conformity and hidden defects, in accordance with articles L. 211-4 and following of the Consumer Code on the one hand, and article 1641 of the Civil Code, on the other hand.
The warranty does not cover:
Regate is registered by the Autorité de Contrôle Prudentiel et de Résolution (“ACPR”) under number 90198 as a payment service agent for the electronic money institution Treezor whose head office is located at 33 Avenue de Wagram, 75017 Paris.
18 Rue de Navarin, 75009 Paris
