Legal notice and personal data

Service publisher

Publisher

Adam Buhallut (EI) : Entrepreneur individuel, régime micro-entrepreneur

Address

4 rue Parmentier, 93110 Rosny-sous-Bois, France

Contact

adam@memoria-journal.com

SIRET

93357912000017

Registration

RCS Bobigny

Publication director

Adam Buhallut

Host

IONOS SARL, 7 place de la Gare, 57200 Sarreguemines, France. Tél. 0970 808 911

Terms of sale

These terms apply to journals bought in this site’s shop. Codes and services sold to travel agencies are covered by the following sections and a separate agreement.

What is sold

A digital travel journal, delivered as a personal code. The code opens the journal in the Memoria Journal app, on a phone. Nothing is posted and there is no physical medium. The journal can be downloaded up to 3 times, enough to change phones.

Price and payment

A journal costs 19,99 €. Prices are in euros, all taxes included. VAT not applicable, article 293 B of the French General Tax Code.

Payment is by bank card, Apple Pay or Google Pay, on the secure page of our provider Stripe. No card data passes through or is stored on this site.

Delivery

The code is emailed as soon as payment is confirmed, usually within seconds, and it is also shown on screen when you return from payment. The invoice comes with it. If nothing arrives within the hour, write to us: the payment is recorded and the code can be sent again.

Right of withdrawal

A journal cannot be withdrawn from, and you know it before paying. A journal is digital content delivered immediately. Before paying, you expressly request immediate delivery and acknowledge that you lose your fourteen-day right of withdrawal: this is the checkbox on the journal’s page, and it is repeated in the email that delivers your code. Once you have agreed, the sale is final (article L221-28, 13° of the French Consumer Code). Without that agreement, no payment is requested.

If the journal does not work

The waiver above does not affect the legal guarantee of conformity, which cannot be waived. If the code opens nothing, if the journal is incomplete or if the app cannot read it, write to us: we fix it, and if we cannot, we refund you. This guarantee lasts two years from delivery (articles L224-25-12 et seq. of the French Consumer Code).

Complaints and mediation

Write to us first at adam@memoria-journal.com: most problems are settled in one message. If we cannot resolve it, you may refer the matter free of charge to a consumer mediator. We have not yet appointed ours; it will be named here as soon as it is.

Agency plans

The Premium and Illimité plans are monthly subscriptions taken out by professionals in the course of their business. Consumer law — the fourteen-day withdrawal period, mediation, pre-contractual information — does not apply to them.

Term and renewal

The plan runs by the month, with no minimum term and no commitment. It renews from one month to the next until the agency asks to change or stop it. The rate that applies is the one shown in the agency portal at the time of subscription; any change of rate is announced to them before it takes effect.

What the plan includes

• Éco (no longer offered; kept on the same terms by agencies that subscribed to it) — 14,99 € per month. 3 distribution codes included each month, and additional codes at 4 € each.
• Premium — 29,99 € per month. 8 distribution codes included each month, and additional codes at 3 € each.
• Illimité — 89,99 € per month. Distribution codes with no limit on number, given by the agency to its own clients, within a fair use of 1000 codes per month (a group code counts as many codes as it has places); reselling codes to third parties is excluded. These codes do not draw on stock bought or credited otherwise, which remains intact on returning to another plan.

Payment and renewal

The subscription is paid by card, at sign-up and then at each monthly renewal, by automatic charge handled by our payment provider Stripe. An invoice is issued at each renewal and stays available in the agency's space. If a charge is declined, payment is retried; without payment the subscription ends and the agency returns to the Standard plan.

Changing and stopping

An agency may change plan or stop its subscription at any time, from its workspace or on simple request. The subscription ends at the end of the period already paid for: the plan is served until then, no new period is started, and the exact date is shown in the agency workspace and confirmed by email. No pro-rata refund is due for the current period.

Codes already credited or purchased remain the agency’s after the subscription ends: they do not expire and keep opening its travellers’ journals.

Billing

Every subscription, every order of codes and every made-to-order journal produces a numbered invoice, available in the agency workspace and kept for ten years. For a plan, an invoice is issued every month, at the rate of the current plan.

Made-to-order journals

An agency may have us build a journal for it. Two options: from a guide it supplies as a PDF, or created from its instructions alone. Made-to-order journal: 49,99 €. Journal created from scratch: 129,99 €. The price is paid when ordering; the journal is delivered as a file, to be used with the agency’s codes.

One change is included in the price, within the 30 days following delivery. No build time is guaranteed: the date is agreed case by case, and the agency is told when the journal is delivered.

The PDF guide and instructions supplied by the agency are used only to build its journal. They are never published, never reused for another agency, and are kept for the duration of the business relationship — the agency may ask for their deletion at any time.

Personal data

Who is responsible

Adam Buhallut (EI), publisher of Memoria Journal, is the data controller for the processing described here. Any request should go to adam@memoria-journal.com.

What this portal records, and what it does not

Travellers are not identified. When a traveller opens their journal with the code their agency gave them, the server records only the code used and the date. No IP address, no device identifier, no name, no email address: from this data it is impossible to know who opened a journal. It therefore does not constitute personal data, and the statistics shown to agencies are counts, never profiles.

One special case: sending a code by email. An agency may send a code to its customer by email rather than handing it over at the counter. The address entered is then kept alongside the code, so that the agency knows who it was sent to and can send it again if it is lost. It serves no other purpose: no marketing, no matching against the opening of a journal, no transfer to any third party. It is erased after 36 months; the code itself stays in the agency’s history, without a recipient. It is the agency that decides to send it, chooses the address and answers for it to its customer; the publisher acts only as a processor. A code handed over in person causes no address to be recorded, since none is entered.

The portal processes two further sets of personal data. The first concerns partner agency accounts:

• the agency name and, where provided, a business contact (email address);
• a login username and a hash of the password, the password itself is never stored and cannot be read back, not even by the publisher;
• if the agency turns on two-factor authentication: the key that generates its six-digit codes, and a fingerprint of its recovery codes. The key is kept as it is — that is the only way the server can check a code — and it disappears as soon as two-factor authentication is removed;
• the three cookies described below.

Before an account exists: an agency can open its own account from the website. The name it gives, its email address and a fingerprint of the password it chooses are then kept for one hour at most, long enough for it to copy the six-digit code sent to it. After that, or after five wrong codes, the row is deleted and no account has ever existed. This is the only way to make sure the address given really is its own.

Purpose: to let each agency see how many journals have been handed out, and to let the publisher manage the codes sold. Legal basis: performance of the contract entered into with the agency (GDPR, article 6(1)(b)).

The second concerns enquiries sent through the contact form on the home page: the name, the agency, the email address, the phone number where given, and the message itself. Purpose: answering the enquiry and, where applicable, preparing the business relationship. Legal basis: steps taken at the request of the data subject prior to entering into a contract (GDPR, article 6(1)(b)). These messages are never used for automated prospecting, are not passed on to any third party, and are deleted after 36 months.

The third concerns an agency partner buying codes: the cardholder’s name and billing address as supplied by the payment method, and the language of the page. Purpose: take payment for the order, issue the invoice and keep the accounts. Legal basis: performance of the contract (GDPR, article 6-1-b) and a legal obligation for the accounting record (article 6-1-c).

One processing concerns the travel agencies we approach: the agency's name and its contact's professional name, email address and phone number, as published (website, directory), and our notes of exchanges. Purpose: presenting Memoria Journal to tourism professionals. Legal basis: our legitimate interest in approaching professionals about a service related to their business (GDPR, article 6-1-f). Every message lets the recipient object with one word; an objection is kept so that we never write again.

The fourth concerns buying a journal in the shop: the email address the code is sent to, the billing name and address provided by the payment method, the language of the page, and the text of the waiver accepted before payment, with its date. Purpose: delivering the journal, issuing the invoice, proving the agreement given and answering anyone who writes “I received nothing”. Legal basis: performance of the contract (GDPR, article 6-1-b) and a legal obligation for the accounting record (article 6-1-c). The address is never used for marketing.

The payment itself is handled by Stripe Payments Europe, Ltd., our provider, on its own pages: card data never passes through this site and is never stored on it. Stripe acts as a processor for taking the payment, and as a controller for its own obligations, notably fraud prevention.

For how long

• Deliveries (code + date): 36 months, then automatic erasure.
• An agency account: for the whole duration of the business relationship, then three years from the last contact, before deletion.
• Enquiries sent through the contact form: 36 months, then automatic erasure.
• The portal’s activity log (which action, on what, when, and from which sign-in): 36 months, then automatic erasure. It exists to retrace what was done to an account or a journal, and is read by the publisher alone.
• Paid purchase (invoice, name and billing address): ten years, like any accounting record (article L123-22 of the French commercial code).
• Shop purchase started but never paid (the email address entered): seven days, then automatic deletion.
• Agency approached without reply: three years after the last message, then automatic deletion. A request not to be contacted again is kept, without time limit, so that it is honoured.
• PDF guide and instructions supplied for a made-to-order journal: kept for the duration of the business relationship, because they are what a rebuild or a correction starts from. They are neither published nor reused for another agency, and are deleted on simple request.
• Server logs: the host’s technical log file may contain IP addresses, which it keeps for security purposes and for the period the regulations require. This portal adds nothing to them and makes no use of them.

Who has access

Only the publisher and the agency concerned. An agency sees only its own figures: the separation is enforced by the server, on every request. No data is sold or handed over to anyone. The only third-party recipient is our payment provider, Stripe, and only to take payment for an order. This portal’s data is hosted in France.

Your rights

You have the right of access, rectification, erasure, restriction, objection and portability regarding data about you. The agency portal gives you direct, permanent access to your data, exportable as CSV. For any other request, write to adam@memoria-journal.com; you will receive an answer within one month.

If, after contacting us, you believe your rights are not being respected, you may lodge a complaint with the French data protection authority (CNIL), 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, www.cnil.fr.

Security

Traffic is encrypted (HTTPS). Passwords are stored as irreversible hashes. Journals are reachable by no direct address: they are delivered only to the app, against a valid code. An agency session closes by itself after 30 days without a visit, and at the latest 90 days after signing in; changing an account’s password immediately closes all its open sessions. The portal’s administration closes after 2 hours of inactivity.

Cookies

This portal sets three cookies, and no others:

• memoria_session: it serves only to keep you signed in, from one page to the next and from one visit to the next, and contains no personal information. For an agency, it lasts 30 days after the last visit; it disappears as soon as you sign out.
• memoria_langue: it remembers the language you chose (French or English), and nothing else. It lasts a year, so that you need not choose again on every visit.
• memoria_garde: it accompanies forms, to check that they really come from this page and not from another site trying to submit them on your behalf. It holds nothing but a randomly drawn number, allows you to be recognised nowhere else, and disappears when you close the browser.

All three are strictly necessary for the service to work, or record a preference you have just expressed yourself: on that basis they are exempt from consent (article 82 of the French Data Protection Act, CNIL cookie recommendation). No analytics, advertising or social network cookie is used, and the portal loads no external resource, even the typeface is served by this server, so that no IP address is passed to a third party.

Intellectual property

Memoria Journal, its app, its journals and this portal are protected by copyright. Codes supplied to an agency are licensed to it for the duration and use agreed in the contract; they may not be resold or published publicly. The Source Serif 4, Bricolage Grotesque, Inter, Instrument Serif and JetBrains Mono typefaces are used under the SIL Open Font License 1.1.

Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.

Google Play and the Google Play logo are trademarks of Google LLC.

The photographs in our journals come from free image libraries. Their provenance is recorded file by file: licence, author and a link to the original. Some are in the public domain or under Creative Commons Zero, others under Creative Commons with attribution (CC BY, CC BY-SA); in that case the author and the licence are credited. Credits for the photographs shown on a journal’s page appear on that page, and credits for every photograph in a purchased journal appear in the app, under Settings then Photo credits.

The payment method logos in the shop come from datatrans/payment-logos (© Datatrans AG, CC BY-SA 4.0 licence). Visa, Mastercard, CB, Apple Pay and Google Pay are trademarks of their respective owners.