General terms and conditions of use for PrestaShop Account and PrestaShop Services

TERMS AND CONDITIONS FOR PRESTASHOP ACCOUNT AND PRESTASHOP SERVICES

PrestaShop has designed and published open-source software, distributed under open license (Open Software License OSL-3.0), that enables Users to create e-commerce websites.

This software, called Classic, can be downloaded  from the www.prestashop.com website.

It enables users to create and customize their e-commerce site and to add additional free or paid features, that have been freely developed by the PrestaShop community and are already built in or can be found on the PrestaShop marketplace.

Use of  services under the T&Cs is exclusively reserved for professionals as defined in French consumer law. In this respect, Participants expressly acknowledge that they do not benefit from the  right of withdrawal which is only available to consumers as defined in French Consumer Law.

These General Terms and Conditions govern the conditions of access to and use of the www.prestashop.com website published by PrestaShop, as well as the offer and acquisition of services available on the prestashop.com website. Together with the Personal Data Protection Policy, these T&Cs form the entire Terms of Use.

PrestaShop reserves the right to modify the T&Cs at any time. When that occurs, such modifications will take effect fifteen (15) days after their publication on the prestashop.com website.

1. Definitions

Addons: refers to the Modules and Themes listed and sold on the PrestaShop Marketplace.

Back office: refers to the interface through which the Merchant or Technical Service Provider acting on behalf of a Merchant can administer and configure its Merchant Site and, in particular, add Addons to it;

General Terms and Conditions or T&Cs: refers to these general terms and conditions, including any appendices and amendments;

Connectors: refers to the interface used to access Third Party Services offered by Official Partners;

Merchant: refers to any natural person or legal entity acting in a professional capacity and operating a Merchant Site;

PrestaShop Marketplace: refers to the platform referencing all the Addons accessible at the following address: https://addons.prestashop.com (or any URL that may be substituted for it).

Module(s): refers to software developed by PrestaShop or by a Seller to add one or more functionalities to Merchant Sites, whether preinstalled or downloadable from the Marketplace Addons.

Built for PrestaShop Module(s): refers to Modules that can be downloaded from the Merchant’s PrestaShop Account to add one or more functionalities to the Solution and enable a smooth, secure and reliable experience,

PrestaShop: refers to the public limited company with capital of 580,852.35 euros, whose registered office is located at 198 Av. de France, 75013 Paris, registered in the Paris Trade and Companies Register under number B 497 916 63.

PrestaShop Account: refers to the account enabling the User to authenticate and access the services offered by PrestaShop.

Official Partner: refers to the commercial partner who has developed, in partnership with PrestaShop, a Connector or Module to which the User has access by subscribing to a PrestaShop Service.

Services: refers to the service(s) presented in these General Terms and Conditions.

PrestaShop Services: refers to one (or all) of the additional services to which the User can subscribe from his PrestaShop Account. These Services are composed of the essential PrestaShop Services and the Built for PrestaShop Modules.

Third-party service: refers to the service developed by an Official Partner that can be accessed via a Connector.

Merchant Site: refers to the e-commerce site based on the Solution and operated by the User for the purposes of its online sales activity;

Support: Refers to the technical assistance services described in Appendix 1.

Solution: means the open-source e-commerce solution published by PrestaShop, freely downloadable from its website and enabling the creation of a Merchant Site.

Themes: refers to software developed by PrestaShop or by a Seller to customise the graphics of Merchant Sites.

User: refers to any natural or legal person, Merchant, Technical Service Provider acting on behalf of a Merchant or Seller using the Services covered by these General Terms and Conditions.

Seller: refers to any natural or legal person, other than PrestaShop, who has developed one or more Addons listed on the Addons Marketplace;

2. Acceptance of the General Terms and Conditions

Access to and use of the Services is subject to the User’s full and unreserved acceptance of these T&Cs, which is deemed to have been given when the User’s account is created.

The User acknowledges and accepts that registration requires the provision of information marked as mandatory on the prestashop.com website. Any incomplete registration will result in the impossibility of creating an account and de facto of accessing the Services.

The User guarantees that all the information provided at the time of registration is accurate and truthful.

The User also undertakes to update this information in good time.

3. Services presentation

PrestaShop Account allows the User to connect from a single account in order to access all the Services.

The Services are as follows:

• PrestaShop Services as detailed in Appendix 1 ;
• The Support department as detailed in Appendix 1;
• Built For PrestaShop Modules as detailed in Appendix 2 ;
• The CloudSync service as detailed in Appendix 3.

4. Prerequisites for access to the Services 

Creating a PrestaShop Account or using the Services requires the User to enter its personal data via forms.

The User undertakes to provide accurate, complete and up-to-date information. If this mandatory data is omitted, PrestaShop reserves the right not to provide access to the Services.

Similarly, to use third-party Services, the User undertakes to provide the Official Partner with all the information required to ensure that payments are processed effectively.

5. Financial terms of Services 

Creating a PrestaShop Account is free.

Use of the Services generates the following costs for the User:

• in Appendix 1 for PrestaShop Services;
• in Appendix 2 for Modules Built for PrestaShop ;

Rejection of a payment, for any reason whatsoever, may result in the suspension or termination of the Services.

6. Subscription period

The Services are accessible as soon as the User accepts these T&Cs.

There is no time limit on access.

Users acknowledge that PrestaShop may, however, terminate the Services upon prior notice sent at least two (2) months before the closure of the Services concerned.

7. Claims and refunds 

7.1 Any complaint relating to the operation of Third Party Services must be communicated to the Official Partner. To this end, a messaging tool is made available by PrestaShop for this purpose which the User undertakes to use exclusively for its exchanges with the Official Partners for all requests and complaints.

Complaints are processed and resolved in accordance with the terms and conditions defined by the Official Partner. It is the User’s responsibility to find out about this from the Official Partner.

7.2 Any complaint relating to a technical malfunction, a problem of subscription or payment of a Service must be formulated by the User to PrestaShop. The User is informed that the refunds are subjected to the entire appreciation of PrestaShop which is entitled to ask the User for supporting elements to determine the outcome of the request for refunding.

8. Suspension and termination 

8.1 Termination PrestaShop Account by its User

Users may terminate and close their PrestaShop Account or their subscription to a PrestaShop Service at any time, without penalty, from their Back Office.

Users may also request the deletion of their account from the PrestaShop team at any time by sending an e-mail to the following address: [email protected].

8.2 Termination by the User of Third Party Services and Built for PrestaShop Modules 

Termination of the PrestaShop Account does not entail termination of the :

• third-party Services to which the User has subscribed. The User is hereby informed that the terms and conditions of termination are set out in the General Terms and Conditions of Use of the Official Partner and must be made directly with the latter.
  For example, termination of the PrestaShop Checkout service does not entail termination of the Paypal services.
• the subscription to Built for PrestaShop Modules. Thus, it is up to the User to cancel the subscriptions to the Built for PrestaShop Modules prior to the cancellation and closure of his PrestaShop Account. Otherwise, the User is informed that it remains liable for the costs of using the Built for PrestaShop Modules.

8.3 Termination by PrestaShop

PrestaShop reserves the right to suspend or terminate the PrestaShop Account or a Service at any time, without justification or compensation.

In this case, the User will be informed by email or from his PrestaShop Account. Termination will be effective at the end of a period of thirty (30) calendar days from the date of notification.

In addition, PrestaShop may suspend or terminate access to the PrestaShop Account or to one of the Services to which the User has subscribed, in particular in one of the following cases:

• use of one or more Services that is illicit, unfair or contrary to the laws and regulations in force;
• behaviour likely to damage PrestaShop’s image;
• suspected payment fraud ;
• malfunction, attack or fraud attributable to the User on one of the Services;
• any breach of these T&Cs.

9. Obligations and responsibilities of the User

Subscription to PrestaShop Services, downloading, configuration and use of Built for PrestaShop Modules or Connectors are carried out at the User’s sole risk.

By using PrestaShop Account, PrestaShop Services and Third Party Services, the User is bound by the legal and regulatory provisions in force.

Users are solely responsible for maintaining the confidentiality of their PrestaShop Account login details and are deemed to be the only person to hold and use them. PrestaShop declines any responsibility in case of use of PrestaShop Account by another person.

The User is also hereby informed that he alone is responsible for any failures on his Merchant Site resulting from modifications he may have made to the Solution.

10. Responsibility of PrestaShop

PrestaShop uses its best efforts to make PrestaShop Account and PrestaShop Services available 24 hours a day, 7 days a week, without however being bound by any obligation of result. Similarly, PrestaShop cannot guarantee that the Services will be provided in an uninterrupted manner, without errors, anomalies, viruses, bugs or will be free of any security flaws.

PrestaShop may at any time suspend, limit or interrupt access to the Services in order to carry out updates or any other action deemed necessary for the proper functioning of the Services.

Furthermore, the User is hereby informed that PrestaShop shall not be liable for any direct or indirect damage caused to the User such as, but not limited to, loss of income or turnover, loss or theft of data, loss of traffic, loss of customers, damage to image or reputation resulting from the use of the Services.

11. Intellectual property

The texts, graphics, images, sounds and videos composing PrestaShop Account and PrestaShop Services are the property of PrestaShop. Any partial or total use of PrestaShop content and services without the prior written consent of PrestaShop is strictly prohibited.

The T&Cs do not transfer any property to the other party. Consequently, the User shall refrain from infringing in any way whatsoever the intellectual property rights held by PrestaShop or by the Official Partners on the Connectors, Built for PrestaShop Modules and/or on third-party Services.

The User is granted a simple licence to use the Connectors downloaded, on a non-exclusive and personal basis for the whole world. This licence is valid for one Site only.

The User acknowledges that the licence to use the Modules may be transferred only in the event of :

• collaboration between a User and a Technical Service Provider: the User or the Service Provider may transfer the Module and its user licence to the other;
• transfer of a User’s Merchant Site.

Under these exceptions, the Module may only be transferred if it is accepted by its beneficiary. The transfer of the Module includes, where applicable, the technical support as detailed in Appendix 1 of these T&Cs. Once the Module has been transferred, the User who initiated the transfer will no longer have access to the Module.

The User acknowledges that payment for a Connector is for installation and use on a single Merchant Site. Users with more than one Merchant Site undertake to pay PrestaShop for additional user licences, i.e. one licence per Merchant Site, by contacting PrestaShop for a quote at the following address: https://addons.prestashop.com/en/contact-us.

12. Personal data

Information on the collection and processing of personal data is set out in the Personal Data Protection Policy.

When using Third Party Services, the User is informed that he/she may be redirected to the sites of the Official Partner. These sites are managed on third party servers by persons or organisations over which PrestaShop has no control and PrestaShop cannot therefore be held responsible for the way in which the User’s data is stored or used on these servers.

The User is invited to read the policy applicable to the protection of personal data of PrestaShop’s Official Partners.

As part of the Support as detailed in Appendix 1 of these T&Cs, PrestaShop is required to process data in the name and on behalf of the User. For this purpose, the parties detail in Appendix 4 the contract for the sub-processing of personal data carried out as part of the Support.

The User is hereby informed that the Sellers or official Partners are solely responsible for complying with the rules governing the protection of personal data relating to any data they may process when providing Support or carrying out any action on the Merchant Site.

13. Miscellaneous

13.1 Force majeure

Any event constituting force majeure as defined by the case law of the French courts suspends the rights and obligations of the Parties.

13.2 Applicable law and jurisdiction

These General Terms and Conditions are governed by French law. Any dispute between the parties relating to the interpretation or performance of the General Terms and Conditions shall be subject to an attempt at amicable settlement. In the event of failure to reach an amicable settlement, the parties submit to the jurisdiction of the Commercial Court of Paris (France).

13.3 Independence of the parties

The parties remain independent of each other. Nothing in these T&Cs is intended to create any partnership, mandate, representation or subordination between PrestaShop and the User.

APPENDIX 1 – SPECIFIC CONDITIONS FOR PRESTASHOP SERVICES

1. Purpose of PrestaShop Services 

PrestaShop Services include :

“PrestaShop Checkout” refers to the payment management service providing access to the Paypal third-party service;

“PrestaShop Social” refers to the service connecting the Merchant Site with Facebook and Instagram accounts, enabling access to the third-party Facebook Business Extension service;

“PrestaShop Metrics” refers to the data analysis service providing access to transactional data, key KPIs and historical data.

“PrestaShop Marketing” refers to the product catalogue synchronisation and marketing campaign management service providing access to the third-party Google Shopping service.

“PrestaShop Legal Assistant” refers to the assistance service for drafting legal documentation on the User’s Merchant Site.

“PrestaShop Automation” means the email marketing automation service enabling access to the Klaviyo Third Party Service on the User’s Merchant Site.

“PrestaShop Shipping” means the shipping automation service enabling access to the MBE Third Party Service on the User’s Merchant Site.

“PrestaShop POS (Point of Sales)” refers to the centralized and simplified management of online and in-store sales.

 

2. Subscribing to and using PrestaShop Services

Service	Account required	Subscribing to the Third-Party Service	Download cost	Cost of use
PrestaShop Marketing	– Google Account – Google Merchants Center – Google Ads – PrestaShop Account	In the event that the User does not hold an account with the Official Partner, the User will then be referred to the Official Partner’s site, which is managed by persons or organisations over which PrestaShop has no control.   The account thus created with the Official Partner is solely binding on the User vis-à-vis the latter.   It is the User’s responsibility to read and accept the general terms and conditions of sale and/or use of third-party Services.	FREE	The cost of using the PrestaShop Marketing service is detailed in article 3 of this Appendix.
PrestaShop Metrics	– Google Analytics Account – PrestaShop Account			Use of the Third Party Service may generate additional charges. It is the User’s responsibility to read and accept the general terms and conditions of sale and/or use of the third-party Service.   The User undertakes to pay any costs presented by the Official Partner on the pricing page of the PrestaShop Essential concerned.
PrestaShop Checkout	– PayPal account – PrestaShop Account
PrestaShop Automation	– Klaviyo account – PrestaShop Account
PrestaShop POS	– PrestaShop Account			The cost of using the PrestaShop POS service is detailed in article 3 of this Appendix.
PrestaShop Social	– Facebook account – PrestaShop Account			The cost of using the PrestaShop Social service is detailed in article 3 of this Appendix.
PrestaShop Legal Assistant	– PrestaShop Account	/		FREE
PrestaShop Shipping	– PrestaShop Account	The use of PrestaShop Shipping requires the acceptance of the terms and conditions of the MBE Official Partner available under the following links:   – For French Merchants – For Italian Merchants – For Spanish merchants		The cost of using the PrestaShop Shipping service is detailed in article 3 of this Appendix.

3. Conditions specific to the PrestaShop Social, PrestaShop Marketing service, PrestaShop POS and PrestaShop Shipping

Service	Trial period	Costs	Invoicing	Unsubscribe
PrestaShop Social	From the moment of subscription to the PrestaShop Social and Marketing service, the User benefits from a free trial period of fourteen calendar days, which may be terminated at any time.   Only one free trial period will be granted per User.   Following expiry of the trial period, and in the absence of cancellation by the User, the PrestaShop Social and Marketing services are subject to a charge.	The cost of subscribing to the PrestaShop Social and Marketing services is included in the PrestaShop Hosted Solution.   The User may subscribe to the PrestaShop Social service for a monthly fee of 9.99 euros excluding VAT.	Payment is by monthly direct debit.   The first monthly installment is billed on the day of subscription, and the User will then be billed every month on the anniversary of the subscription date for renewal.	At the end of the subscription period, the subscription is tacitly renewed for the same duration.   In the event of unsubscription to PrestaShop Marketing, PrestaShop Social or PrestaShop POS, the service is automatically terminated at the end of the current subscription month. The User benefits from the advantages until the termination.   Each subscription started is due and cannot be reimbursed.
PrestaShop Marketing		The User can subscribe to the PrestaShop Marketing service for a monthly fee of 14.99 euros excluding VAT.
PrestaShop POS	/	The User can subscribe to the PrestaShop POS service with different monthly plans of 39 euros, 69 euros or 87 euros per month excluding VAT.
PrestaShop Shipping	/	The User is invoiced according to the number of deliveries made each month.   The price of deliveries is determined on the basis of information entered directly by the Merchant concerning, for example, the nature of the goods sold, the number of deliveries to be made, the quantity, content, weight and dimensions of the goods sold, their value and the destination to which delivery is to be made, and according to the price list under the following links :   – Prices and destinations for warehouse in France; – Prices and destinations for warehouse in Italia; – Prices and destinations for warehouse in Spain;   Prices are subject to change depending on the rates of delivery service providers.	Payment is by monthly direct debit.   The first invoice is sent on the first day of the month following the first use of the PrestaShop Shipping service.	The use of PrestaShop Shipping is without subscription and without commitment.In case of discontinuation of use of PrestaShop Shipping services, the service is automatically terminated when the User unsubscribes. The User benefits from the advantages of the service until termination.   Each month started is due and cannot be reimbursed.

4. PrestaShop Services Support

The subscription to one of the PrestaShop Services includes, for each of them, the following Support offer:

• Minor and major updates and maintenance of the Connector ;
• the Support from the time the Connector is installed;

For the PrestaShop Social Service, the User sends his support request by e-mail to the following address: [email protected].

In addition, the User benefits from Support for all questions relating to the installation of the Connector of a PrestaShop Service. The Support service also intervenes in the event of a Connector malfunction.

It is understood that the Support provided is only technical and does not cover, in particular:

• requests from the User for specific, personalised and customised developments for the Merchant Site;

• the third-party Services accessible via the Connector;
• certain services offered, such as training and, more generally, any intervention on the User’s Merchant Site;
• malfunctions or failures of the Merchant Site due to additions and/or modifications to the code of the Solution by the User, a Technical Service Provider or any other third party appointed by the User.

In the event that the User requests Support from PrestaShop, the latter will be bound to PrestaShop by the Data Subcontracting Agreement in Appendix 4 of these T&Cs.

Where the User requests the Support of Sellers or official Partners, the latter are responsible for complying with the rules on the protection of personal data relating to the data they may be required to process.

APPENDIX 2 – SPECIFIC CONDITIONS FOR BUILT FOR PRESTASHOP MODULES

1. Purpose of Built for PrestaShop modules

Built for PrestaShop Modules allow the User to download a Connector developed by a Seller or Official Partner, adding functionality to the Merchant Site linked to a third-party Service.

2. Subscription to Built for PrestaShop modules

Subscribing to Built for PrestaShop Modules, downloading, installing and configuring them requires the prior creation of a Prestashop Account and may require the prior holding of an account with an Official Seller or Partner.

Where applicable, it is the User’s responsibility to read and accept the conditions of use of the Seller or Official Partner.

3. Built for PrestaShop Modules financial conditions

Payment is a prerequisite for access to the features of the Built for PrestaShop Module.

The User has the option of choosing subscriptions at different rates, the content of which is indicated in the product sheet offered by the Seller or Official Partner. The prices quoted are exclusive of VAT.

Subscription payments are recurring payments. The first monthly instalment is billed to the User on the first day of subscription to the Service. The User will then be debited the amount corresponding to the chosen subscription every month on the anniversary date of the subscription.

Where applicable, it is the User’s responsibility to read and accept the general terms and conditions of sale and/or use of the third-party Service.

4. Suspension or termination of Built for PrestaShop Modules

If the User unsubscribe from Built for PrestaShop Modules, the services are automatically terminated on the anniversary date of the next subscription.

Each renewal period started is due and cannot be reimbursed.

On the date of termination, the User loses access to the features of the Built for PrestaShop Module. The consequences of unsubscribing on previously collected data and services are determined by the Official Partner’s general terms and conditions of use.

The User may re-subscribe to a Built for PrestaShop Module at any time.

APPENDIX 3 – CLOUDSYNC SPECIFIC CONDITIONS

1.Purpose of the CloudSync service

CloudSync is an interface allowing Sellers and Official Partners to access the Merchant Site sales and usage data of their Addons. The data relates to :

• shopping baskets,
• available carriers,
• product categories,
• available currencies,
• employees (anonymised list),
• shop information (technical data),
• available languages,
• installed modules,
• manufacturers (available brands),
• placed orders,
• available products,
• stocks,
• linked shops,
• suppliers,
• taxonomies,
• installed themes,
• translations,
• anonymised lists of customer wishes.

2. Conditions of access to the CloudSync service

Access to the CloudSync interface is exclusively reserved for Sellers and Official Partners.

The creation of a CloudSync account requires the linking of the database of Sellers and Official Partners to their PrestaShop Account. This action is performed by PrestaShop, upon request by Sellers and Official Partners.

PrestaShop reserves the right to reject the request to connect to the CloudSync service at its sole discretion.

Connection to the CloudSync account is via a hyperlink provided by PrestaShop to Sellers and Official Partners.

3. Financial terms of the CloudSync service

Access to and use of the CloudSync account is free.

4. Using the CloudSync service

Data from the Merchant Site, the sale or use of Addons by Merchants is aggregated in the Cloudsync account.

5. Collection of data for analysis purposes

When installing a Module or a Connector using CloudSync, the Merchant acknowledges and agrees that this information may be collected and shared with Sellers and Official Partners for analysis purposes.

6. Specific data processing

Sellers and Official Partners are separate data processors from PrestaShop. No subcontracting relationship exists as a result of the use of the Cloudsync account.

Sellers and Official Partners using Cloudsync undertake to process data in accordance with the current legislation.

APPENDIX 4 – CONTRACT FOR THE OUTSOURCING OF PERSONAL DATA AS PART OF THE SUPPORT SERVICE 

Together with the above General Terms and Conditions and the Personal Data Protection Policy, this contract relating to the processing of personal data forms the set of conditions for use of the Support that apply to all Users.

As part of the Support, the User may be required to communicate personal data to PrestaShop. Within the meaning of Article 4, points 7 and 8 of the GPDR, the User is the data controller and the Service Provider is the personal data processor.

Article 1. Definition

In the context of the Contract, the following terms, when used with a capital letter, shall have the following meaning:

• “Customer” refers to any person who has entered into a contract with the User on its Merchant Site.

• “Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “Data Subject”).

An “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

Personal Data are those entrusted by the User to PrestaShop with a view to their Processing on its behalf within the framework of the Contract; they are listed in article 4 below.

• “Data Controller” has the meaning given to it in Article 4 -7° of the Regulation. For the purposes hereof, the Data Controller is the “User”.

• “Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

• “Subcontractor” means the natural or legal person, public authority, department or other body that processes Personal Data on behalf of the User; for the purposes of the Contract, PrestaShop is the Subcontractor.

• “Processing” means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• “Breach” means a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to Personal Data transmitted, stored or otherwise processed.

Article 2. Purpose

The purpose of this contract is to define the conditions under which PrestaShop undertakes to carry out, on behalf of the User, the personal data processing operations defined below.

In the context of their contractual relationship, the Parties undertake to comply with the regulations in force applicable to the processing of Personal Data and, in particular, the Regulation (as well as Law no. 78-17 of 6 January 1978, as amended) on Data Processing, Data Files and Individual Liberties.

Article 3. Contract duration

This Contract comes into force on the date of the User’s Subscription to the Service and will terminate on the date of the end of Support.

Article 4. Description of the processing to be outsourced

• Service provided

PrestaShop is authorised to process on behalf of the User the Personal Data necessary to provide them with the Support services.

• Type of operations carried out :

The services provided and during which PrestaShop may process the User’s Personal Data are described in Article 3 of these General Terms and Conditions.

• Purpose of processing :

Access to Personal Data processed by the Merchant as part of the operation of its Merchant Site is necessary in order for PrestaShop to fulfil its contractual commitments to the User and effectively provide Support services.

• Personal data processed and data subjects :

Support requires intervention by our teams on the User’s Merchant Site at the User’s request. Access to the shop’s Back Office necessarily gives access to the User’s personal data (surname, first name, e-mail address, telephone number).

Similarly, PrestaShop may have access to the User’s Customer data. PrestaShop may have access to the following Personal Data: Customer identification data (surname, first name, postal address and email address, telephone number) as well as data relating to any purchases made on the User’s Merchant Site.

For the performance of the service covered by this contract, the data controller (the User) provides the Subcontractor with the necessary information in its Personal Data Protection Policy.

Article 5. PrestaShop’s obligations

5.1. Processing of Personal Data

PrestaShop undertakes to :

(i) process Personal Data solely for the purpose or purposes for which it is subcontracted, as defined in article 5 and in accordance with the General Terms and Conditions of Use of the Support,

(ii) process Personal Data in accordance with the User’s documented instructions. If PrestaShop considers that an instruction constitutes a breach of Regulation (EU) No. 2016/679 or any other provision of Union or Member State law relating to data protection, it shall immediately inform the data controller. In addition, if PrestaShop is required to transfer data to a country outside the European Union, it must inform the User of this legal obligation prior to processing, unless the law concerned prohibits such information for important reasons of public interest,

The User is informed that he/she may send written instructions if these are consistent with the Service.

(iii) guarantee the confidentiality of Personal Data processed under the contract. In the event that PrestaShop is legally required to communicate Personal Data to an authority, it will inform the User in advance, unless the law prohibits such information for reasons of public interest,

(iv) ensure that the persons authorised to process Personal Data under this contract :

• undertake to respect the confidentiality of Personal Data;
• receive the necessary training in the protection of personal data,
• only process Personal Data for the purposes set out above.

(v) take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default. 

5.2 Subsequent subcontracting

The User authorises PrestaShop to use subcontractors (hereinafter the “subcontractor”) to carry out specific processing activities.

The User is hereby informed that PrestaShop already uses the subcontractors listed below in connection with Support.

In order to manage and provide the Support offered to Users, PrestaShop uses the “Zendesk” software, published by the company Zendesk Inc – 1019 Market Street, San Bruno, CA 94103 – USA. A data processing contract between PrestaShop and this subcontractor ensures a level of protection and security in accordance with the applicable legislation on the protection of personal data. As required by applicable legislation, the transfer of Data outside the European Union is also governed by standard contractual clauses.

As part of PrestaShop Checkout Services, PrestaShop uses the company “Active Contact – 2, rue de Guinée, 1002 Tunis – Tunisia” to provide level 1 support for Users. A data processing contract between PrestaShop and this subcontractor ensures a level of protection and security in accordance with applicable legislation on the protection of personal data. As required by applicable legislation, the transfer of Data outside the European Union is also governed by standard contractual clauses.

As part of the use of the Prestashop Metrics Service and Built for PrestaShop Modules, PrestaShop uses the services of the company “Chargebee Inc – 340 S Lemon Ave #1537 Los Angeles, California, 91789 – Walnut”. A data processing contract between PrestaShop and this subcontractor ensures a level of protection and security in accordance with the applicable legislation on the protection of personal data. As required by applicable legislation, the transfer of Data outside the European Union is also governed by standard contractual clauses.

PrestaShop also uses “Jira” software, published by Atlassian – 341 George Street – Sydney, NSW, 2000 – Australia, to provide the ticketing system used to forward Users’ requests to the support teams. The software is hosted internally on our Google server in the Netherlands, which ensures a sufficient and appropriate level of protection with regard to the applicable legislation on the protection of personal data.

In the event of subsequent subcontracting, PrestaShop will inform the User of any change concerning the addition or replacement of other subcontractors at least one (1) month before the change, in order to give the User the opportunity to object to these changes.

Where PrestaShop uses another sub-contractor, PrestaShop undertakes to ensure that the same obligations are imposed on this sub-contractor as those set out in this Agreement, in relation to the protection of personal data and so that this sub-contractor meets the requirements of the aforementioned Regulation.

5.3 Data subjects

Individuals’ right to information. It is the User’s responsibility to provide information to the Customers concerned by the processing operations at the time the Personal Data is collected.

Exercise of personal rights. Wherever possible, PrestaShop will assist the User in fulfilling its obligation to respond to requests to exercise the User’s Customer rights: right of access, rectification, erasure and objection, right to restrict processing, right to data portability, right not to be subject to an automated individual decision (including profiling).

The service is configured so that the User can respond to Customer requests.

5.4 Notification of personal data breaches

PrestaShop shall notify the User of any Personal Data breach within a maximum of seventy-two (72) hours of becoming aware of it and by email. This notification shall be accompanied by any useful documentation in order to allow the User, if necessary, to notify the data breach to the competent data protection authority.

Where available, PrestaShop will indicate the following information:

• nature of the incident ;
• date and time of the incident ;
• affected personal data ;
• measures taken directly to limit any further damage;
• date and time when the incident ended ;
• structural prevention measures for the future.

5.5 Help

PrestaShop undertakes to assist the User, insofar as possible, in complying with its obligations with regard to the above-mentioned processing operations concerning the performance of any impact analysis, the notification of data breaches and the exercise of the rights of the User’s Customers.

5.6 Fate of data

At the end of the Support service relating to the processing of Personal Data, PrestaShop undertakes to return all Personal Data to the User or to the subcontractor designated by the User.

The return shall be accompanied by all existing copies present in PrestaShop’s information system and shall justify the destruction in writing to the User, unless applicable legislation prohibits it from destroying the Personal Data for a certain period of time. In such a case, PrestaShop undertakes to respect the confidentiality of the Personal Data and to archive them in order to keep them as evidence, in particular.

5.7 Documentation

PrestaShop declares that it keeps a written record of all categories of processing activities carried out on behalf of the User.

PrestaShop makes available to the data controller the documentation necessary to demonstrate compliance with all its obligations and to enable audits to be carried out by the User.

Article 6. Obligations of the User

The User undertakes to :

1. document in writing any instructions concerning the processing of Personal Data by PrestaShop, if specific instructions need to be given,
2. supervise processing, including carrying out audits and inspections of PrestaShop,
3. Notify the competent supervisory authority of any breach of Personal Data that is subject to a legal obligation to notify.

Article 7. Safety measures

PrestaShop undertakes to put in place technical and organisational measures designed to guarantee the security and confidentiality of Personal Data against any unauthorised access, alteration, use, modification or disclosure in connection with Support services.

As such, PrestaShop employees in charge of Support are subject to an obligation of confidentiality.

Taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing, PrestaShop and the User undertake to implement appropriate technical and organisational measures in order to guarantee a level of security appropriate to the risk.

The User is responsible for the security of his Merchant Site at all times.

Article 8. Responsibilities

The parties acknowledge their shared responsibility towards the User’s Customers, in accordance with Article 82 of Regulation (EU) No. 2016/679.

The user acknowledges that PrestaShop is only liable for damage caused by processing if it has not complied with the obligations specific to processors in the aforementioned Regulation.