Referral terms applicable to the referral offer (excluding commercial action)
Terms and conditions applicable to the referral offer (hereinafter "Referral Terms")
These referral terms were applicable to the referrals validated from March 27, 2025 to April 16, 2025.
1. ORGANIZATION
Lydia Solutions, a French simplified joint-stock company (société par actions simplifiée) with a capital of 1,794,192 euros having its registered office at 14 avenue de l'Opéra, 75001 Paris, registered with the Paris Trade and Companies Register under the number 534 479 589, certified and supervised by the French prudential regulation authority (Autorité de contrôle prudentiel et de résolution) as an electronic money institution authorized to provide payment services and a financing company (hereinafter "Lydia Solutions" or "Organizer"),
Holds a referral programme to its existing users which use Sumeria mobile app in order to reward them, subject to certain conditions, when they have been invited their friends to discover the above-mentioned mobile app (hereinafter named "Referral Programme" or "Referral offer").
The rules applicable to the Referral Programme are described in this document (hereinafter referred to as the “Referral Terms”), and will be supplemented, where applicable, by special conditions mentioned in each Campaign (as this term is defined in article 2 of the Referral Terms).
In the event of any contradiction between the Referral Terms and a Campaign, the terms of the Campaign shall prevail.
2. DEFINITIONS
For the purposes of these Referral Terms, the following definitions will apply:
“Mobile App” means Sumeria mobile application, published by Lydia Solutions, for individuals, available for download from application stores (list available on the Lydia Solutions website), for compatible devices and operating systems.
"Combined offer" means the combination of Sumeria+ and the Black Card the Referee can subscribe to.
"Eligible offers" means one of the offers described below which is subscribed by the Referee with a commitment of minimum one (1) year that allow the Referrer to benefit from a Bonus, except from termination of these Referral Terms by Lydia Solutions under the conditions described in these Referral Terms. The following offers are deemed to be Eligible offers: Sumeria+, Black Card and Combined offer.
“Commercial Action” means any promotion of the Referral Programme that is carried out either (i) by Lydia Solutions’ partners and/or its employees towards consumers (e.g. approaching a Lydia Solutions' employee or intermediary, or a clickable link from a website run by a third party having a partnership with Lydia Solutions), or (ii) by a Referrer to a Referee before 27 March 2025 (the date on which the Referral Terms come into force), it being specified that the aforementioned promotion is linked to its own referral rules and is in no way linked to the Referral Terms and Campaigns.
“Campaign” means any commercial operation related to the Referral Programme, accessible via the Mobile App (or by any other means of communication chosen by the Organiser), which will apply for a limited period to the Referrer and his/her Referees.
"Card" means a systematic authorization Visa payment card, physical or virtual, issued by Lydia Solutions to the Customer for one of the Eligible offers and services linked to the Account. The terms and conditions for issuing and using the Card(s) linked to the Customer's Account are stated in the Card agreement.
“Customer” means the natural person of legal age acting for strictly non-professional purposes in the context of a contract signed with Lydia Solutions for opening and using an Account.
"Account" means a payment account opened in Lydia Solutions books under the name of either the Referee or Referrer that is regulated by the Payment account agreement for individuals.
“Accounting Date” means the date on which Lydia Solutions pays the Bonus to the Referrer under conditions provided in these Referral Terms.
"Referee" means any natural person of legal age acting for strictly non-professional purposes who (i) was invited by the Referrer to use the Mobile Application for participating in a Campaign, and (ii) accepted to the conditions described in these Referral Terms and the above-mentioned Campaign.
"Referrer" means any Customer, natural person of legal age acting for strictly non-professional purposes, that has an active Account (non blocked nor closed) and has invited one or more other Referees as part of a Campaign, and under the conditions described in these Referral Terms.
"Bonus" means any referral bonus paid by the Organizer to the Referrer when conditions of these Referral Terms and the Campaign have been met in full, given that the Referee may also receive one or more Bonus following conditions provided in the Campaign and if the Referee fulfils the conditions described by the aforesaid Campaign.
Any term non expressly defined in these Referral Terms will be as defined in the contractual documents framing the services provided by Lydia Solutions.
The names and characteristics of the different Eligible offers have no contractual value under these Referral Terms and can as such be freely replaced or modified by the Organizer (modifications of the names and characteristics of the Eligible offers), and this at any time.
3. DURATION
These Referral Terms take effect as of March 27, 2025 and will expire on April 15, 2025.
Only the referrals meeting all the conditions defined in these Referral Terms will effectively be accounted for.
4. CONDITIONS FOR TAKING PART IN THE REFERRAL OFFER
Participation to the Referral offer is exclusive and not cumulative with other ongoing promotional offers, with the exception of the "Remunerated current account".
Referrals resulting from a Commercial Action are subject to their own contractual and financial conditions, and are excluded from the terms and conditions applicable to the Referral Terms and to the Campaigns (including in particular the nature and amount of the Bonus and the associated conditions for benefiting from them).
Only referrals that meet all the conditions defined in these Referral Terms and those of a Campaign will be counted.
Any person currently banned from holding a bank account, having a litigation with the Organizer and/or having performed one or more fraudulent acts or being suspected of fraud by the Organizer cannot become a Referrer, nor a Referee.
The Referral offer is subject to compliance by the Referrer and Referee with the conditions described in these Referral Terms as well as all terms included in the contractual documents framing the services provided by the Organizer. Otherwise, the referral will not be taken into account and the Organizer may require the eventual Bonuses wrongly perceived by the Referrer to be refunded.
5. REFERRAL OFFER CONDITIONS
A referral is considered valid, and thus accounted for, if it meets the conditions described below at the date of subscription.
5.1 Conditions applicable to the Referrer
To validate its participation to the Referral Offer, the Referrer must be the holder of an Account for the duration of these Referral Terms and remain so until the payment date of the Bonus.
In any event, the Referral may send a referral link and/or code to a maximum of ten people per Campaign. Beyond this limit, referrals will be counted but will not give rise to the payment of any Bonus to the Referrer.
5.2 Conditions applicable to the Referee
To validate its participation to the Referral Offer, the Referee must:
- never have benefited from a referral offer linked with the Organizer’s services before
- use the referral link or code available on the invitation sent by their Referrer, then the Referee must accept the invitation in the Mobile app within seven (7) calendar days from the day on which the Referee enters his/her telephone number on the page provided for this purpose, and use the Card and/or carry out the actions provided for in the Campaign within the period stated in the aforesaid Campaign (eg. subscribe to an Eligible offer, use the Card).
To take part in the Referral offer, the Referrer must also meet at least one of the following conditions:
- never have made more than two (2) payments by Card and none in the two months before registering their referral code
- not have subscribed to an Eligible offer in the three months before the referral
5.3. Conditions of eligibility for payment transactions
The following payment transactions are not "eligible" to the Referral offer:
- payment transactions for prohibited activities, as defined in the List of prohibited activities when using Lydia services
- payment transactions linked to transactions for games and bets, including lottery tickets, casino tokens, bets and off-track betting
- payment transactions made via a provider of banking services, payment, electronic money or investment other than Lydia, its principals and its commercial partners
- payment transactions constituting of bank accounts top ups, payments, electronic money or investment
- transactions external to the payment account or Lydia electronic money account and any other transaction that can directly or indirectly lead to the generation of cash money (also named "almost cash").
- payment transactions that were not completed, didn't come to fruition, were refused, abandoned, stopped by unforeseeable circumstances and/or refunded by the payment beneficiary, and
- payment transactions that didn't comply with the contractual documents applicable at the date of the Scratch card and framing the Lydia services mentioned on Lydia Solutions website on the following page: Terms and Conditions
6. BONUS AND PAYMENT TERMS
The nature and amount of the Bonus are set out in each Campaign, bearing in mind that (i) the amount of the Bonus is displayed in Mobile app and the manual, and (ii) the Bonus will only be paid to the Referrer if the conditions set out in these Referral Terms and the Campaign have been met in full.
Any Bonus will be cancelled if the Referee cancels one of the steps required by these Referral Terms and/or a Campaign (e.g. exercising the right of withdrawal).
In addition, the payment of the Bonus by the Organiser may be subject to income tax for the Referrer (and the Referee when a Campaign provides for the Referee to also benefit from a Bonus). In this respect, it is the Referrer (and as the case may be the Referee) responsibility to pay any tax that may be required in return for the payment of the Bonus, it being specified that the Organiser may not under any circumstances be held liable for any resulting tax obligations.
6.1. Referrer's Bonus
The Bonus is credited to the Referrer’s Account. The Bonus paid to the Referrer is equal:
- to half of the monthly bonus given to their Referee for the "Remunerated current account" for a period of two years following the Accounting Date of the first calendar month, except for the 3 month-period, when the Referrer benefits from a “boosted” rate (hereinafter the "Promotional Period"). In the latter case, the Bonus will be equal throughout the Promotional Period to half of the Referrer's monthly bonus recalculated at a non-boosted rate. The "bonus" is paid directly on the Referrer's Account, under the conditions stated in the terms and conditions of the "Remunerated current account" offer. In order for a Referrer to benefit from the monthly Bonus linked to the Referral offer, their Referee(s) must also take part in the promotional offer named "Remunerated current account". In any event, Bonuses will be paid to the Referrer in accordance with the conditions and limits defined in the Referral Terms.
- twenty (20) euros if, prior to the expiry of these Referral Terms, the Referee made five (5) eligible payment transactions of more than five (5) euros with a Card at five (5) different stores
- thirty (30) euros if, prior to the expiry of these Referral Terms, the Referee subscribed to the Eligible offer Sumeria+, or Black Card, or the Combined offer.
In the last two cases, the Bonus is paid directly on the Referrer's Account, as applicable:
- during the seven (7) calendar days following the payment of the fifth eligible transaction
- during the seven (7) days following the expiration of the fourteen (14) day withdrawal period from the subscription date to an Eligible offer.
6.2. Limits of the Referral offer
The Referral offer is subject to the limitation described below.
The maximum amount of theBonuses paid to the Referer may never exceed three thousand (3,000) euros for the duration of the Referral offer notwithstanding the number of Referees.
7. MODIFICATION AND AVAILABILITY OF THE REFERRAL TERMS
The Organizer reserves the right to cancel, report, extend, shorten or modify this Referral offer (including any Campaign), partially or entirely, at any time and without notice without being liable in any manner of this fact, and the participants to the Referral offer cannot in any case exercise any right of set-off.
Each modification of these Referral Terms will be the subject of a publication on the website at the dedicated location, and in the event where terms of a Campaign will be changed during its performance a communication of the modified Referral Terms will be sent to the Referrers (and if applicable the Referees) involved in a Campaign, and provided that they have an active Account (not blocked nor closed) at the date the new Referral Terms come into effect.
All the cases not covered by these Referral Terms are the sole responsibility of the Organizer.
These Referral Terms are available for free for the whole duration of the Referral offer in the mobile application redirecting to the website of the Organizer's support.
8. LIABILITY
8.1. Force majeure
The Organizer shall not be held responsible if, for any reason beyond its control, and/or in the case of an event of force majeure, the Referral offer came to be shortened, modified, reported or canceled, and thus without any compensation being due to the Referral offer participants.
8.2. Technical malfunctions
The Organizer shall not be held responsible if, for any reason beyond its control, technical malfunctions, computer bugs or any other technical issue impact the smooth functioning of the Referral offer.
The organizer may also, at any time, including for technical reasons, updates or maintenance, suspend or interrupt the access to the Referral offer. The Organizer shall not in any case be responsible for these suspensions or interruptions and their consequences.
8.3. Fraud
The Organizer may at any time and without notice modify or end the Referral offer if it appears to have been frauds or fraud attempts, proven or suspected, by means of a fallacious, fraudulent or criminal scheme under any possible form and at any time for the participation of one of the Referrers or Referees. The Organizer reserves the right, under these circumstances, to refuse the benefits of the Referral offer, to ban from the referral programme, to not give the allocations or take them back from anyone having or being suspected of having performed one or several fraudulent acts during their participation.
The organizer shall not be held responsible if, following fraud attempts or proven fraud or the use of fallacious, fraudulent or criminal means, the Eligible offer was to be canceled, reported or modified, or its duration was to be shortened.
8.4. Liability of the Referrer and Referee
By taking part in the Referral offer, Referrers and Referees accept and commit to handling any damage or loss caused or sustained as a result of their participation by themselves, unless otherwise specified by provision of public order.
8.5. Closure of the account of the Referrer and Referee
In the event of the closure of the Referee's Account, either at the initiative of the Referee themselves or at the initiative of the Organizer in case of grossly reprehensible behaviour from the Referee, during the twelve (12) months following its effective opening, the Organizer reserves the right to debit from said account the amount corresponding to any Bonus they may benefit from as part of the Campaign.
In cases of fraud or non compliance with the terms of the Referral offer by the Referrer, or in the event of the closure of the Referrer's Account at the initiative of the Organizer for grossly reprehensible behaviour during the twelve (12) months following the end of the Referral offer, the Organizer reserves the right to debit from the Referrer's account the amount corresponding to any Bonus they benefited from as part of the Referral offer.
9. PERSONAL DATA PROCESSING
9.1 Data, supervisors and recipients
The Referrer's personal data used as part of the Referral offer is the identification data and the data relating to the products offered by Lydia Solutions. The use of this data is necessary as part of the Referral offer.
This personal data is processed by Lydia Solutions as processing supervisors and its eventual subcontractors providing services in accordance with the Data protection policy.
The Referee's personal data, as part of this Referral offer, will only be collected and stored in Lydia Solutions information system's bases if the Referee initiates and enters this information themselves during the registration process in-app. The Referee will then become a Customer and be subject to personal data processing as described in the Data protection policy.
9.2 Waiver of professional secrecy
Taking part in the Referal Programme implies express authorization given to Lydia Solutions by the Referee to partially waive professional secrecy for the Referrer.
This authorization only concerns some information relating to the use of Lydia Solutions services by the Referee. This information may be:
- the existence of a Referee's Account
- vague markers regarding the intensity of use of a Card
- the subscription to an Eligible offer
- the participation to the Remunerated current account offer, and
- vague markers regarding the average balance of a Referee's Account
Note that the Referee can at any time terminate its participation to the Referral offer and consequently its consent to waive professional secrecy.
9.3. Purposes and legal basis
Data is only processed to manage referral transactions, in accordance with these Referral Terms.
In accordance with the regulations applicable to data protection, the legal basis used for processing is the enforcement of the contract for referral management. By agreeing to the referral and its rules, Lydia Solutions enforces the terms of these Referral Terms as to allow the Referrer to obtain the Bonuses provided by the Referral offer.
9.4 Data retention period
Regarding the Referrer's data, the data used for management and tracking purposes are retained for a period of twelve (12) months from the date of the last effective referral by Lydia Solutions. For the processing of referrals tracking used to verify allocations have been granted, data is retained for a period of twelve (12) months from the date the Referrer triggers the act of referral.
Regarding the Referee, Lydia Solutions retains the data for a period of twelve (12) month from the date of creation of the account in accordance with the Data protection policy. If the Referee doesn't agree to their data being retained, they can exercise their rights in accordance with the procedures defined below.
9.5 Commercial communications
By joining the Referral Programme, the Referee and Referrer are likely to receive commercial communications from Lydia Solutions, relating to its products or services, as well as those of its partners in connection with the Lydia Solutions services subscribed to by the Referee and/or the Referrer. The Referee and Referrer may at any time object to receiving such communications by contacting Lydia Solutions directly in accordance with the procedures set out in article 9.6 below.
9.6 Rights over data
In accordance with the French Ioi Informatique et libertés of January 6, 1978 modified and with the general regulations on data protection, the Referrer and Referee have a right of access, rectification, erasure, data portability, and data processing limitation. They also have a right of opposition to data processing.
The Referrer and Referee may exercise these rights of access, erasure, rectification or opposition at any time by justifying their identity and addressing their request to Lydia:
- via email at: dpo@isbs.eu
- via letter addressed to the Lydia Solutions Data Protection Officer, at the following address: Lydia Solutions, TSA 60309, 75036 Paris Cedex, France.
To learn more, the Referrer and Referee can read the Personal data protection policy available on the Organizer's website.
In addition, the Referrer and Referee may address a claim (complaint) to the CNIL if they deem their rights over their data haven't been respected after having contacted the Organizer.
10. RENUNCIATION
The Referrer and/or Referee may renounce to the benefits of this Referral offer at any time, without motive and free of charge, by addressing their request:
- via email sent to customer services at contact@sumeria.eu
- via letter sent to: Lydia Solutions, TSA 60309, 75036 Paris Cedex, France
All requests take effect from the date the request is processed by Lydia Solutions services.
11. GOVERNING LAW, COMPLAINTS, RIGHT OF WITHDRAWAL, JURISDICTION ATTRIBUTION
These Referral Terms are subject to compliance with French law. Only the French version of these Referral Terms prevails.
For any complaints, the Referrer and Referee may address:
- an email to the following address: contact@sumeria.eu
- a letter to the following address: Lydia Solutions, TSA 60309, 75036 Paris Cedex, France
The Referee can exercise their right of withdrawal in the fourteen (14) days following their subscription to an Eligible offer in compliance with article L.222-7 of the French Consumer Code using the form attached to the last page of the contractual conditions.
Unless otherwise specified by provision of public order, the Paris judicial tribunal will be competent to address any litigation between the parties and non amicably resolved in a period of three months following its inception.