Card agreement - 02/04/2024
Article 1 : Definitions
"Acceptor" means merchants and service providers who are members of the Visa payment system and accept the Card as a means of payment.
"Lydia Card" has the meaning given to it in Article 3 hereof.
"PIN Code" means the four (4) digit code that allows the Customer/User to authenticate himself when using the Card from an Eftpos terminal.
"Account Agreement" means the Payment Account Agreement.
"CVC" ("Card Verification Code") means the last three digits of the Card Verification Code on the back of the Card.
"ATM" means an Automated Teller Machine.
"Card Data" means the Lydia Card number, expiry date and/or CVV.
"Eftpos" means an Electronic Payment Terminal.
"User" means a Participant for whom the Customer has requested the issue of a Lydia Card linked to a Lydia Shared Account.
Article 2 : Purpose
The purpose of the Card Agreement is to define the terms and conditions for issuing and using the Lydia Card(s) attached to the Customer's Lydia Account, including when it is a Lydia Shared Account.
Article 3 : Characteristics of the card
The Lydia Card is an international Visa payment card with systematic balance enquiry and immediate debit, which means that the amount of each transaction made with this Lydia Card is debited directly and in full from the Customer's Lydia Account, after automatic and systematic verification of the available balance on his account. The Lydia Card is linked to the Customer's Lydia Account, who must ensure that he/she always has a sufficient balance on his/her Lydia Account to carry out any payment or withdrawal transaction using the Lydia Card. The Lydia Account to which the Lydia Card is linked may be a Lydia Shared Account.
The Card is an individual, nominative and personal payment card. Upon receipt, the Client and/or the User must sign the Card. It is strictly forbidden for the Client to lend the Card or to dispose of it.
Article 4 : Users
In the context of a Lydia Shared Account, the Customer may request the issuance of a Lydia Card to a User with his/her consent. The Lydia Card issued will be linked to the Customer's Lydia Shared Account. As a result, all payment transactions made by a User will be debited directly from the Customer's Lydia Shared Account. The Customer remains fully liable to Lydia for any payment transaction made by a User using a Lydia Card linked to his/her Lydia Shared Account.
A card issued to a User has the same characteristics and conditions of use as set out herein. In particular, he/she can link it to any Wallet he/she may have. As such, any User for whom a Lydia Card has been issued is bound by the provisions of the Card Agreement.
Article 5 : Issuance and activation of the card
The Lydia Card is delivered to the Customer by Lydia at the postal address indicated by the Customer. If applicable, it is the Customer's responsibility to deliver the Card to any User to whom a Card is issued.
The PIN Code is defined by the Customer in the Lydia Application or by the User (as the case may be).
Upon receipt of the Card, the Customer/User must:
- Sign the back of the Lydia Card in the dedicated space.
- Activate the Lydia Card by making a first withdrawal at an ATM using the PIN Code defined.
The Lydia Card remains the exclusive property of Lydia.
Article 6 : Duration of the contract and validity of the card
The Card Agreement is concluded for an indefinite period.
It may be terminated at any time in writing by the holder of the Lydia Card, the holder of the Lydia Account on which the Lydia Card is operated or by Lydia.
Termination by the holder of the Lydia Card takes effect 30 (thirty) days after the date of sending the notification to Lydia.
Termination by Lydia takes effect 2 (two) months after the date of sending its notification to the holder of the Lydia Card.
The holder of the Lydia Card and/or the Account on which the Lydia Card operates undertakes to return the Lydia Card and to comply with all the contractual obligations incumbent on him/her under this Card Agreement until the termination becomes effective.
Upon termination, the holder of the Lydia Card shall no longer be entitled to use the Lydia Card and Lydia may take all appropriate measures to do so.
The Lydia Card remains valid until the expiry date shown on the back of the Lydia Card. The limited period of validity of the Lydia Card is due to technical and security considerations and does not affect the indefinite duration of the Card Agreement.
On the expiry date of the Lydia Card, the Lydia Card may be automatically renewed unless the Customer requests otherwise.
Article 7 : Authorised transactions with the Lydia card
Subject in particular to an available balance on the Customer's Lydia Account, the Lydia Card allows the Customer and/or the User to carry out the following transactions:
- Withdrawal transactions at an ATM accepting Visa payment system cards.
- Payment transactions made from an Eftpos terminal accepting Visa payment system cards.
- Payment transactions carried out by remote communication including internet payments at an Acceptor accepting cards from the Visa payment system.
The consent given by the Client/User to the performance of the above operations is formalised, as appropriate, by:
- Entering the PIN Code.
- The provision of the Lydia Card Data and, where applicable, the implementation of any requested Strong Authentication measures.
- The presentation and holding of the Lydia Card in front of a device identifying the presence of the so-called "contactless" technology.
The Lydia Card can be used for a series of payment transactions with Acceptors for the purchase of goods or services. The Customer/User gives his/her consent to the series of payment transactions on the first transaction. The Customer/User may withdraw his/her consent to the execution of the payment transaction for the future at the latest by the end of the Business Day preceding the day of execution of the payment transaction.
Article 8 : Strong authentification
In accordance with the provisions of the Account Agreement, Strong Authentication measures may be applied in certain cases when using the Lydia Card, in particular when paying over the Internet.
The Strong Authentication measures that may be applicable in case of payment by Lydia Card are communicated to the Customer/User on the Lydia website.
Article 9 : Contactless payment
All Lydia Cards issued are equipped with "contactless" technology, the operating conditions of which are governed by the present document.
“Contactless” technology is enabled by default and the Customer/User can deactivate the contactless option of their Lydia Card within the Lydia application.
“Contactless" technology allows the rapid payment of goods or services at the Eftpos terminals of the Acceptors equipped accordingly, with remote reading of the Lydia Card without entering the PIN Code.
Payments that can be made "contactless" are limited both in amount for a single payment and in cumulative amounts over a fixed period as defined by the Fees and Limits Appendix.
Article 10 : Virtual payement card Lydia
Virtual cards are Visa debit cards provided by Lydia exclusively in dematerialised form through the Lydia Application.
The virtual cardholder can, if he/she has previously activated the mobile payment functionality via Google Pay, Apple Pay or other comparable services, use the virtual cards to make payments at all point-of-sale terminals accepting the VISA card for contactless payment, in France and abroad. In addition, it is possible to use virtual cards for payment transactions on e-commerce sites. To this end, the virtual cardholder has access to the virtual card information required to use this payment method in the Lydia Application. Payment on e-commerce sites is also possible on the Lydia Application or by using other payment methods provided by Google Pay, Apple Pay or other comparable providers, provided that this payment method is accepted.
The virtual cards are either multiple-use VISA e-cards or single-use VISA e-cards. The Customer may create cards within the limits set out in the Fees and Limits Appendix.
Article 11 : Electronic wallet
The Customer/User may subscribe to e-wallet services offered by mobile phone manufacturers (Apple Pay, Google Pay and Samsung Pay) or mobile phone operators compatible with the Lydia Card.
The holder of the Lydia Card will then be able to make payments at all point-of-sale terminals accepting the VISA card for contactless payment, in France and abroad.
Article 12 : Acceptor Network
The Lydia Card may only be used to:
- Pay for goods and services purchased from Acceptors;
- Make withdrawals from ATMs that accept Visa payment cards.
The Customer/User must ensure that the merchant or service provider concerned is a Visa network Acceptor prior to any payment by a Lydia Card.
Lydia is not involved in any commercial dispute, i.e. not related to the payment order, that may arise between the Customer/User and the Acceptor. The existence of such a dispute can in no way justify the refusal of the Customer/User to honour payments by Lydia Card.
Article 13 : Fees conditions
The Lydia Card is issued against payment of a fee, the amount of which is set out in the Fees and Limits Appendix.
Article 14 : Lydia account debiting
The amount corresponding to each payment and/or withdrawal transaction made with the Lydia Card is immediately debited from the Customer's Lydia Account to which the Lydia Card is linked.
The Acceptor may request that the Customer/User has an available balance on his/her Lydia Account greater than the value of the payment transaction concerned. The Acceptor may also have to block funds temporarily in order to check the validity of the Lydia Card and ensure that the Customer's Lydia Account has sufficient funds.
In case of insufficient balance, the payment and/or withdrawal transaction by Lydia Card will be automatically refused by Lydia.
Within the period of time allowed to him/her under the contract with his/her own banking institution, the Acceptor may: cancel the pre-authorisation and release the entire pre-authorised amount; use all or part of the pre-authorised amount and, if applicable, release the remaining amount. The amount that will actually be debited from the Customer's Lydia Account will be the actual amount of the payment transaction, corresponding to the final payment order sent by the relevant Acceptor. After this period, over which Lydia has no control, in case of inaction by the Acceptor, the entire pre-authorisation amount is automatically released. This amount will be credited back to the Customer's Lydia Account.
Article 15 : Personalised security data
The PIN Code and the Lydia Card Data are Personalised Security Data as defined in the Account Agreement.
The Client and/or the User must take all appropriate measures to ensure the security of his/her Card, the Lydia Card Data, the PIN Code and more generally any other element of the personalised security system. He must therefore keep his/her PIN Code absolutely secret and not communicate it to anyone. In particular, he must not write it on the Lydia Card or on any other document. He/she must ensure that he/she composes it away from prying eyes.
The PIN Code is essential for the use of the Card at Eftpos terminals, ATMs or certain remote payment terminals. The Customer and/or the User must use the PIN Code each time they are instructed to do so by the payment or withdrawal equipment concerned.
The number of successive attempts to enter the PIN Code is limited to three (3). The third successive unsuccessful attempt will result in the Lydia Card being blocked.
If the Customer and/or User forgets the PIN Code, he/she can obtain it from the Lydia Application.
Article 16 : Security measures
In accordance with the Account Agreement, the Card, the Card Data and the PIN Code must be kept with the utmost care by the Customer/User.
Any disclosure of the Lydia Card, Card Data and/or PIN Code to a third party will constitute gross negligence of the Customer's/User's obligations to safeguard their personal security data.
Article 17 : Opposition (blockin
In the event of loss, theft, misappropriation or unauthorised use of his/her payment instrument or the data linked to it, the Customer must inform Lydia without delay in order to block the payment instrument. This notification must be made to Lydia in the following manner:
- Within the Lydia Application;
- On + 33 (0)1 82 88 11 69 (toll-free);
- By contacting Lydia support by email at firstname.lastname@example.org.
The request for blocking the Lydia Card is taken into account immediately by Lydia and a registration number for the request is communicated to the Customer.
Lydia has the right to request from the Customer any document (written statement, copy of complaint) proving the stated reason for the request to block the Card. This request does not constitute a condition for the reimbursement of the disputed transactions.
Article 18 : Unauthorised operations
ARTICLE 18 UNAUTHORISED OPERATIONS
Unauthorised transactions, carried out before the blocking request :
Transactions resulting from the loss or theft of the Lydia Card shall be charged to the holder of the Lydia Card up to a maximum of 50 (fifty) euros.
However, it is not liable:
- In the case of a payment transaction made without the use of Personalised Security Data; - In the event that the loss or theft of the Lydia Card could not be detected by the holder of the Lydia Card prior to payment;
- Where the loss of the Lydia Card is due to the acts or omissions of an employee, agent or branch or entity to which Lydia has outsourced its activities.
However, where the payment service provider of the Acceptor is not located in the EEA, Saint Pierre-et-Miquelon or Saint-Barthélemy, transactions resulting from the loss or theft of the Card will be charged to the holder of the Lydia Card up to a limit of 50 (fifty) euros, even in the case of payment transactions carried out without the use of Personalised Security Data. Unauthorised transactions made with a counterfeit payment card or resulting from misappropriation of the data linked to the use of the Lydia Card are at Lydia's expense.
Unauthorised transactions, carried out after the blocking request :
They are also at Lydia's expense, except for those made by the holder of the Lydia Card.
As an exception, all unauthorized transactions are charged to the holder of the Lydia Card, without limitation of amount, in case of:
- Intentional or grossly negligent breach of the obligations referred to in Article 16 above;
- Fraudulent actions by the holder of the Lydia Card.
Responsibility of the Lydia account holder
The Lydia Account holder, when he/she is not the holder of the Lydia Card, is jointly and severally liable for the financial consequences resulting from the Lydia Card holder’s responsibility for the safekeeping of the Card and the Personal Security Information (in particular the PIN Code) and their use until:
- The return of the Lydia Card to Lydia;
- Notification to Lydia of the revocation of the mandate given by the Lydia Account holder to the holder of the Lydia Card, by means of an e-mail sent to Lydia Support;
- Termination of the Lydia Payment Account Agreement.
1 : General case
The holder of the Lydia Card and/or the Lydia Account on which the Lydia Card operates has the possibility to dispute a transaction if possible by presenting the ticket issued by the electronic equipment or a proof of the payment order on which the dispute is based, as soon as possible and within a maximum period of 13 (thirteen) months from the date on which the disputed payment order was debited on the Lydia Account on which the Lydia Card operates.
It is specified that any dispute which has not been formulated without delay will only be admissible in the event of a duly justified delay by the Lydia Card and/or Lydia Account holder.
The maximum period during which the holder of the Lydia Card and/or the Lydia Account on which the Lydia Card operates may dispute a Transaction is 120 (one hundred and twenty) days from the date on which the disputed payment order was debited to the said account, where the payment service provider of the Acceptor is located outside the EEA, Saint Pierre and Miquelon or Saint Barthelemy.
Disputes regarding the price of goods or services purchased from third parties are not admissible with Lydia. Therefore, Lydia will not accept any claims for cancellation or refund of purchases made from third parties. The holder of the Lydia Card should contact the merchant directly for any dispute relating to the sale of the goods or services concerned.
2 : Derogations
By way of derogation, the holder of the Lydia Card is entitled to a refund of an authorised payment transaction made in the EEA if the authorisation given did not indicate the exact amount of the transaction and if the amount of the payment transaction exceeds the amount that the holder of the Lydia Card could reasonably expect.
The request for reimbursement must be made before the expiry of a period of eight (8) weeks from the date on which the payment order for which reimbursement is requested is debited to the account on which the Lydia Card is operated.
Lydia shall have 10 (ten) Business Days from receipt of such request to refund the Lydia Account holder the amount of the transaction or to justify its refusal to refund.
At Lydia's request, the holder of the Lydia Card shall provide Lydia with all information relating to the requested refund.
Lydia and the holder of the Lydia Card agree to take the utmost care in informing each other about the terms and conditions of the transaction.
Refund of an unauthorised or incorrectly executed transaction :
Unauthorised payment transaction: the holder of the Lydia Card and/or the Lydia Account on which the Card is operated will be reimbursed at the latest on the next Business Day upon reception of the dispute about the transaction:
- the amount of the transaction contested in good faith by the holder of the Lydia Card in the event of loss and/or theft, fraudulent use and/or misappropriation of his/her Card and related data, which occurred before the blocking request;
- the amount of the transaction disputed in good faith by the holder of the Lydia Card, which occurred after the blocking request.
If, after reimbursement by Lydia, it is established that the transaction was actually authorised by the holder of the Lydia Card, Lydia reserves the right to reverse the amount of the wrongly made reimbursement.
However, in accordance with the legal provisions, Lydia may not make the refund within the aforementioned period if it has good reason to suspect fraud by the holder of the Lydia Card. In this case, Lydia will inform the Banque de France.
Incorrectly executed payment transaction: the holder of the Lydia Card and/or the Lydia Account on which the Card is operated will be reimbursed for the amount of the incorrectly executed transaction, if necessary and without delay.
Common provisions: in all the cases mentioned above, the debited Lydia Account is restored to the state it would have been in if the debit of the disputed amounts had not taken place (including with regard to the value date).
Article 19 : Blocking of a payment instrument at Lydia's initiative
Lydia reserves the right to block any Card issued, under the conditions set out in the Account Agreement, for objectively justified reasons relating to the security of the Card, the presumption of unauthorised or fraudulent use of the Lydia Card or the significantly increased risk that the Customer will be unable to fulfil his/her payment obligation.
This blocking decision is motivated and notified in all cases to the holder of the Lydia Card and/or the Lydia Account on which the Lydia Card is operated. The blocking of the Lydia Account on which the transactions carried out with the Lydia Card are debited automatically entails the blocking of the use of the Lydia Card. The notification of the blocking of the account is equivalent to the notification of the blocking of the Lydia Card.
The holder of the Lydia Card therefore refrains from using the Lydia Card and undertakes to return it on first request.
The closure of the Lydia Account on which the Lydia Card(s) is (are) operating entails the obligation to return the Lydia Card(s). The same applies in case of termination of the Account Agreement.
Article 20 : Retention of the Lydia card
The Customer/User is prohibited from making any functional or physical alteration to the Lydia Card that could hinder its operation and that of the Eftpos terminals and ATMs in any way whatsoever. In this respect, the Customer/User is prohibited from affixing adhesive labels or stickers or making any inscription on the Lydia Card with the exception of the signature referred to in article 5 above.
Article 21 : Defective Lydia card
If the Customer's Lydia Card is defective, the Customer should contact Lydia's customer service by email at email@example.com.
Any defective Lydia Card will be replaced by Lydia as soon as possible and free of charge, except in the case where the defect of the Lydia Card is due to the Customer/User and in particular in the case of non-compliance with the retention rules as set out in article 18 above. In this case, the Client may be charged for the replacement of the Card as set out in the Fees and Limits Appendix.
Article 22 : Protection of personal data
As the controller, Lydia processes personal data relating to the holder of the Lydia Card and/or the holder of the Lydia Account on which the Lydia Card is operated. The categories of personal data processed are the information collected under this Card Agreement, the information on the Lydia Card, where applicable the information constituting an identifier of the Card Agreement and the information relating to transactions carried out with the Lydia Card.
This information will be processed automatically or not in order to allow:
- The manufacture of the Lydia Card, the management of its operation and to ensure the security of payment transactions, particularly when the Lydia Card is blocked. This processing is necessary for the proper execution of this Card Agreement and, failing this, the Card Agreement cannot be executed;
- The prevention and fight against card payment fraud, which are legal obligations for Lydia under Article L.521-6 of the French Monetary and Financial Code;
- The management of possible legal proceedings, commercial canvassing, the carrying out of commercial animations and advertising campaigns, the carrying out of surveys or polls as well as the elaboration of anonymous statistics that do not allow the identification of the holder of the Lydia Card by virtue of Lydia's legitimate interest;
- To meet legal or regulatory obligations, particularly in criminal or administrative matters, in connection with the use of the Lydia Card.
For the purpose of authenticating the holder of the Lydia Card and/or authorising a payment transaction, Lydia may implement automated decision-making based on, among other things, the analysis of the Lydia Card holder's personal data, the context of the transaction, the available balance on the account on which the Lydia Card operates and the Card's capacities. Necessary for the proper execution of the contract, automated decision-making may result in the authorisation or refusal of the payment transaction.
The data used for the production of the Lydia Card will be kept for the time necessary to fulfil the Card Agreement and then archived in accordance with the applicable legal requirements.
Data relating to payment transactions are kept for five years from their execution in accordance with the provisions of Article L561-12 of the French Monetary and Financial Code.
The data necessary for any commercial prospecting and advertising campaigns are kept for a period of 3 (three) years from the end of the commercial relationship. The data necessary for the management of a possible legal recourse are kept until the end of the procedure. It is then archived in accordance with the applicable legal limitation periods.
In order to satisfy the purposes specified above, the personal data of the holder of the Lydia Card and/or the account on which the Card operates may be communicated to credit institutions and, more generally, to institutions authorised to provide payment services and subject to professional secrecy, to organisations involved in the manufacture and operation of the Card, to subcontractors, to Acceptors, as well as to the Banque de France and to the payment card scheme(s) whose mark(s) is (are) affixed to the Card.
In accordance with the regulations in force, the holder of the Lydia Card and/or the holder of the Lydia Account on which the Card operates may, under the conditions provided for in Chapter iii of Regulation (EU) 2016/679 of 27 April 2016 and in Articles 38 et seq. of Law No. 78-17 of 6 January 1978:
- Request access to and/or correction or deletion of personal data concerning them;
- Define guidelines on what to do with their personal data after their death;
- Oppose the processing of personal data concerning him/her for the purpose of managing possible legal proceedings by explaining the specific reasons for his/her/their request, provided that Lydia does not invoke compelling legitimate reasons;
- Requesting restrictions on the processing of personal data concerning him/her;
- Request to receive and/or transmit to another controller personal data concerning him/her necessary for the performance of this contract in a commonly used and electronically readable form;
- File a complaint with the Commission de l'Informatique et des Libertés (CNIL). These persons may also, at any time and free of charge, object to their data being used for commercial prospecting purposes. The rights provided for in this article may be exercised by the holder of the Lydia Card and/or the holder of the Lydia Account on which the Lydia Card operates by contacting the branch where the account on which the Lydia Card operates is opened by post or at the following address: dpo@Lydia-app.com by e-mail. The Data Protection Officer can be contacted in the same way.