Terms of Use (ToU) – FINCORY Shopify Application

These Terms of Use (hereinafter the “ToU”) define the conditions of access, use, and liability relating to the FINCORY Shopify application (hereinafter the “Application”) and its associated extension (hereinafter the “Extension”), both available through the Shopify platform, a hosting and e-commerce service operated by Shopify Inc. (Ottawa, Canada).

• professionals operating a Shopify store (hereinafter “Merchants”), who may use the Application through their store; and
• their end customers whose data is processed via the Application (hereinafter the “end users” or “data subjects”), who may interact with the Extension during their online shopping journey.

The “Extension” refers to the user-side module: banner, consent interface, offer access, and data rights management, integrated through Shopify. It enables end users to give consent for the processing of their banking data, view personalized offers, and exercise their data rights.

FINCORY enables Merchants to analyze end-user purchasing behaviors and personalize marketing campaigns using pseudonymized transactional data, in compliance with the GDPR, PSD2, and Shopify’s rules.

The Application is available exclusively to professionals with a valid Shopify account.

Registration and access are initiated upon installation from the Shopify App Store.

During installation, the Merchant must explicitly accept:

• these Terms of Use (ToU),
• the General Terms and Conditions of Sale (GTCS),
• FINCORY’s Privacy Policy.

The FINCORY Extension is accessible to end users visiting the Merchant’s e-commerce website. It includes a visible banner, consent interface, offer access, and rights management (access, withdrawal, objection). It appears on the Merchant’s Shopify site and functions in conjunction with the Application.

Access by the end user requires a voluntary action:

• Consent is given by checking a specific box during the secure banking connection process. This consent is free, informed, and can be withdrawn at any time.
• Acceptance of both these Terms of Use and the FINCORY Privacy Policy is required to use the Extension.

FINCORY does not collect any directly identifiable personal data (e.g., name, email) and limits analysis to pseudonymized data strictly necessary to personalize the offer, in accordance with GDPR and PSD2.

A technical cookie called “FIN” may be stored in the end user's browser to enable certain Application features.

This cookie contains a pseudonymized identifier used solely to maintain a secure user session. It is stored for a maximum of 6 months. This cookie:

• does not contain any directly identifiable personal data,
• has no advertising purpose,
• is used only for local technical or analytical purposes.

No third-party, tracking, or commercial cookies are used by FINCORY.

• attempting to access or manipulate FINCORY systems without authorization;
• misusing the Application or using it for illegal purposes;
• transmitting unlawful data or content that violates Shopify’s ToU.

Any abusive or non-compliant behavior may result in immediate suspension of access to the Application without notice.

All elements of the Application (source code, interface, features, text content) are the exclusive property of FINCORY or its technical partners.

Some illustrations or icons may be used under Creative Commons or royalty-free licenses, such as those provided by Storyset – Freepik.

These assets remain the property of their respective creators. FINCORY complies with applicable attribution requirements.

No intellectual property rights are granted to the Merchant or end user. Any unauthorized reproduction, extraction, or reuse is strictly prohibited.

FINCORY acts as a technical provider for marketing segmentation. FINCORY shall not be held liable for:

• data loss attributable to Shopify or the Merchant;
• payment failures or untriggered offers;
• suspected hacking of the Merchant’s store or an end user account;
• any malfunction resulting from malicious or fraudulent use.

The Application uses third-party services for certain features, including banking data aggregation via Linxo Connect, a PSD2-regulated service operated by OXLIN, a licensed payment institution authorized by the ACPR (French Prudential Supervision and Resolution Authority) under number 17248 and a subsidiary of the Crédit Agricole Group. The Merchant acknowledges that proper functioning of the Application also depends on the availability of these services. By accepting these Terms of Use, the Merchant also agrees to Linxo Connect’s Terms of Use.

FINCORY shall not be held liable for malfunctions caused by third parties beyond its control. Under no circumstances shall FINCORY be liable for indirect damages, business interruption, loss of profits, or reputational harm suffered by the Merchant.

FINCORY reserves the right to modify these Terms of Use at any time. In case of substantial changes, the Merchant will be informed via the Shopify interface or by email.

Continued use of the Application constitutes tacit acceptance of the new terms.

If the Merchant does not agree, they must uninstall the Application through their Shopify interface.

These Terms of Use are governed by French law.

In case of dispute, the competent courts shall be those within the jurisdiction of the Paris Court of Appeal, unless otherwise required by mandatory law.

If these Terms of Use are translated into one or more languages, the French version shall prevail in case of contradiction or dispute regarding the meaning of a term or provision.

For any questions about these ToU or the processing of your personal data, please contact us at: contact@fincory.com

These Terms of Use entered into force on May 25, 2025.