LEGAL INFORMATION

1. ACCESS TO THE WEBSITE

To access and use this Website you must be over 13 years old and have available a valid e-mail address. If you are a minor, the prior authorization of your parents is required.

You may be required to fill out required fields in a form. In such event, you will be required to fill out such fields prior to entering the Website. Any inaccurate or incomplete registration will not be accepted.

You accept that the data you submit to us and that is stored in our information systems is accurate and acts as proof of your identity. Please inform us as to any applicable change in such data.

Access to certain functionalities of the Website may require the use of your personal identification. In such event it is up to you to take your own steps to ensure the confidentiality of such identification information. You can of course change them at any time. However, the number of attempts to access these functionalities may be limited in order to prevent fraudulent use of such personal information. Please inform us of any fraudulent use that you may become aware of.

Even though we try to keep the Website accessible at all times, we cannot guaranty you access in all circumstances. In fact, and in particular for reasons of maintenance, updating, or other reasons which are beyond our control, access to the Website may be interrupted.

2. INTELLECTUAL PROPERTY

The Website and the elements that comprise it (such as marks, images, text, videos, etc.) are protected by intellectual property rights. The development of this Website represents a significant investment and work in common on the part of our teams. For this reason, except as expressly stipulated herein, we have not granted you any right other than that of consulting the Website for your personal and private use. All use, reproduction or representation of the Website (in whole or in part) or of the elements which comprise it, on any media whatsoever, for other purposes, including, but not limited to, commercial purposes, is not authorized. On an exceptional basis, we may expressly authorize you to reproduce and/or represent all or part of the Website, on certain media. Any request for authorization in this regard must be submitted in advance to the following e-mail address: customercare@dermahealth.net

3. USE OF THE WEBSITE

we would like to remind you that the Internet does not allow the guarantying of the security, availability and integrity of data transmissions, accordingly we cannot be held liable in the event of errors, omissions, deletions, delays, faults (including, but not limited to, by the actions of viruses), of the lines of communication, the hardware and the software which is not under our control or in the event of non-authorized use or possible degradation of the content published on this Website.

1. GENERAL OBLIGATIONS OF THE USER

We defend the values of toleration and of respect of the rights of others. This is the reason that this Website may not be used as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit proposals.

In using this Website, you agree not to:

• distribute, injurious, defamatory, non-authorized, malicious content, infringing on privacy or image rights, inciting violence, racial or ethnic hatred;
• use the Website for political, promotional or proselytizing purposes;
• publish promotional or advertising content;
• divert the Discussion Space from its intended purposes, including, but not limited to, using it as a dating service;
• distribute information or content capable of upsetting the sensibilities of the young;
• Conduct illegal activities, including, but not limited to, infringing on the rights as to software, marks, photographs, images, text, video etc.

1. SPECIFIC STIPULATIONS FOR CERTAIN SEGMENTS

Various Segments may be made available to you on this Website: Downloadable Content, On-Line Applications, User Content, Discussion Space,etc. (the ”Segments“).

(I) DOWNLOADABLE CONTENT

We may make available on this Website content that you are authorized to download (“Downloadable Content”). In downloading or using such Downloadable Content, you are deemed to have agreed to use it in conformity with these Terms of Use.

We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be the subject of prior express authorization on our part. Any request for this type of authorization should be submitted to us in advance at the following address: customercare@dermahealth.net

(II) ON-LINE APPLICATIONS

We may make available on this Website software applications (the “On-line Applications”). We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the On-Line Applications. You agree not to modify, adapt, reproduce, correct or distribute the On-Line Applications nor any mark or inscription of title set forth on such On-Line Applications and/or any media related thereto. Any Content that you may create or produce with the On-Line Application shall be considered as User Content (as described in section (iii) “User Content”.

Please inform us of any possible anomaly affecting the On-Line Applications at the following address: customercare@dermahealth.net. We will then do our best to correct as soon as possible any such possible anomalies.

In case we provide you with a tool/application which enables to edit images (especially in order to virtually test a cosmetic product), you acknowledge and agree that such tool/application may solely be used for your own private purposes and in compliance with its genuine destination. You are not authorized to use this tool/application in such a way that may be a disrespectful, injurious and/or infringing for third parties. Consequently, you are not authorized to modify and/or display a third party’s image without such third party’s prior express consent. Finally you are not authorized to modify and/or display, in whole or in parts, contents (modified or not via the tool/application) provided with the tool/application (especially contents displaying mannequins/models) without our express prior consent.

(III) USER CONTENT AND USER ACTIONS

User Content. We may make available on this Website a space dedicated to user content, such as for example text, photos, videos, etc. (“User Content”).

By submitting User Content to us, you automatically grant use a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) on any and all medias (including without limitation this Website).

You expressly grant us the right to use the User Content on our own Websites but also on third party Websites in particular on so-called “social networks” (as Facebook, Twitter, Youtube, Dailymotion, etc. It is stated that the Website is not managed or sponsored in any manner whatsoever by these third party websites) including plug-ins and applications of these third party Websites that could be made available on the Website, hereinafter “Third Party Websites”.

You acknowledge and agree that the use of these social networks is exclusively governed by the terms and conditions set up by these social networks. Consequently you acknowledge and agree that said terms and conditions are binding for us in our use of the Content. Therefore we may not be held responsible of any use by us or by a third party of the content in accordance with the terms and conditions set out by the social networks and especially but without limitation, in terms of scope of rights, of duration of rights and of deletion of the User Content.

You shall be solely responsible for any third party claims relating to the use of the Content in accordance with the terms and conditions of the social networks.

Without prejudice to the above, you represent and warrant that you have obtained all the necessary authorizations from all beneficiaries on the User Content regarding such use on the social network.

Finally, you acknowledge and agree (and you confirm that you have informed and obtained all the beneficiaries agreements) that this Content could be subject to “viral” communication (word-of-mouth communication) on these third party Websites and that we will not be liable for any action in this regard.

User Content that you publish on this Website is entirely your choice and your exclusive liability. However, we would like to remind you that User Content must not conflict with the legislation in force or accepted standards of morality, and must not infringe on the rights of others. In this regard, we reserve the right to remove at any time User Content that is manifestly illegal and/or contrary to accepted standards of morality and/or which infringes on the rights of others.

User Actions. Through Third Party Websites, some actions are made available to you on the Website as sharing, commenting, and/or appreciating Contents, hereinafter “User Actions”.

When you proceed to an User Action on or through a Third Party Website, you allow us to have access to some basic information from your Third Party Website’s account (including name, profile picture, gender, birthday, networks, user IDs, the list of friends and other information communicated to everyone, people you follow and/or who follow you, the comments and/or the appreciation you make, hereinafter “Public Information”) in order to operate these User Actions.

We remind you that some Public Information you provide to us on or through a Third Party Website, are publicly published and can be viewed by anyone who is visiting the Website or member of a Third Party Website. We are not responsible for the publication of your Public Information and the use that can be made by other users.

If you no longer want to have your Public Information published on our Website, you are solely responsible for managing your privacy setting or your Third Party Website’s account. We will not be responsible for the delay between your modification of privacy setting and your deletion of activity on our Website or on the internet.

Please inform us of any User Content which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes on the rights of others, at the following address customercare@dermahealth.net

(IV) BLOG

We may make available on this Website a space for articles or permitting you to express yourself (the “Blog”).

By using the Blog you totally agree to comply with the legislation in force, accepted standards of morality, the principles set forth herein and in the Blog Charter and in compliance with the rights of others.

Please inform us of any communication which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and in the Blog Charter and/or which infringes on the rights of others, at the following address customercare@dermahealth.net

4. INFORMATION CONTAINED ON THE WEBSITE

5. GENERAL PROVISIONS

We try to provide you with accurate and up to date information. Nevertheless, transmissions of data and information over the Internet not benefiting from absolute technical reliability, we cannot guaranty the accuracy of all of the data that is included on this Website.

Furthermore, we would like to stress that inaccuracies and omissions may appear in the information available on this Website in particular through intrusion by third parties. Please inform us about any error or omission at the following e-mail address customercare@dermahealth.net

1. INFORMATION ON THE PRODUCTS AND SERVICES

Unless provided otherwise, the products and services which are presented to you do not constitute an offer of sale but a general presentation of the range of the products and services that we distribute in the country in which this Website is published.

1. ADVICE AND DIAGNOSTIC TOOLS

The advice made available on this Website and/or the diagnostic tools are simple simulations intended for obtaining expert cosmetics advice. The indicative information that they allow the delivery of can in no event replace a medical diagnosis or clinical consultation, nor substitute for medical treatment. In consequence, we cannot guaranty your entire satisfaction with respect to the advice that results from the use of such tools and assume no liability for the use that you may make of it.

For any additional information or in the event of doubt, we recommend you consult your personal physician and/or write to us at the following address: customercare@dermahealth.net

1. HYPERTEXT LINKS

The hypertext links implemented on the Website may take you to Third Party Websites whatever its purpose (social network, information or e-business) which we do not control the content. We are in no way responsible for the content and/or behavior of these Third Party Websites. Thus, we do not guarantee the reliability or the accuracy of the information and/or contents published on these Third Party Websites. These Third Party Websites may have different practices of processing personal data than ours. We invite you to consult the privacy policy of these Third Party Websites as we have no control over their processing and collection of personal data. In consequence, and to the extent these hypertext links have been included on this Website in order to facilitate your navigation of the Internet, the consultation of such third party Web Websites is entirely your choice and your exclusive liability.

Furthermore, if you wish to create hypertext links to this Website, a prior request for authorization must be submitted to us at the following address: customercare@dermahealth.net

1. COOKIES

Cookies are small files that are left on your computer during your navigation of a Web Website (such as for example the pages consulted, the date and time of consultation, etc.) and which may be read during your visit to the same Web Website.

To benefit from all of the functionalities of the Website, it is better to set the browser to accept cookies. We would like to stress that the cookies do not permit us to identify you and the period for the conservation of the information recorded by the cookies on your computer is 6 months.

5. PRIVACY AND PERSONAL DATA

We may come to collect personal data which relates to you, in particular when you: (i) register for a service; (ii) download Downloadable Content; (iii) use a Segment and/or a diagnostic tool; (iv) register for a game/competition (v) send us an e-mail; (vi) respond to a poll or study; or (vii) interact with the Website through a Third Party Website or directly on this Third Party Website.

This personal data will be processed in accordance with our Privacy Policy available on the Website and subject to automatic processing and may be used in three different ways:

• Statistical studies: we compile and study your personal data (and also the pages you visited and the advertising you clicked on) in order to define your profile and better adapt our services to your expectations. These statistical studies are strictly confidential;
• Monitoring of the customer relationship: if you send us a message, the data is kept and used to send a response to your request and to ensure its monitoring
• Provision of services: sending of newsletters, access to certain counseling spaces, etc.
• Personalize your experience on the Website
• Furthermore, and if you have given your authorization by checking the box for such purpose, we may come to transfer your data to the partners.

In conformity with the provisions of applicable Law on Data Privacy, you have a right to disclosure, correction, addition and deletion for the data that relates to you. To exercise this right, it suffices to send us an e-mail with proof of your identity to the following address: customercare@dermahealth.net

6. MODIFICATION OF THE WEBSITE AND AMENDMENT OF THE TERMS OF USE

We may come to modify the content and information included on this Website as well to amend these Terms of Use, including, but not limited to, in order to comply with applicable new legislation and/or regulations and/or to improve the Website. Any modification and/or amendment shall be integrated into these Terms of Use.