Terms of service

GENERAL TERMS AND CONDITIONS OF USE (T&CS)

I. IDENTIFICATION

LVMH FRAGRANCE BRANDS, a simplified joint-stock company with a capital of 13,662,592€ , registered with the Nanterre Trade and Companies Register under number B 572 082 253, whose registered office is located at 1 rue Pasquier – 92300 Levallois Perret (France), has set up a free training program with no obligation to purchase for the Staff Members of the authorized distributors of LVMH FRAGRANCE BRANDS registered on the "My Beauty Play" training application accessible on smartphones on App Store and Play Store.

II. TERMS AND CONDITIONS OF REGISTRATION AND USE OF THE APPLICATION

II.1 Registration and participation requirements

II.1.1 Acceptance of the General Terms and Conditions of Use

Registration on My Beauty Play and its use by their Members as defined in Article 2.1.2 implies the full and unreserved acceptance of these General Terms and Conditions of Use (hereinafter "T&Cs") by the latter.

Failure to comply with the T&Cs will result in the nullity of the registration and consequently the loss of any advantage granted by access to the application (loss of points obtained, suspension of current gift orders, etc.).

LVMH FRAGRANCE BRANDS reserves the right to: - Exclude from the application any Member who does not comply with the T&Cs, - Prosecute anyone who attempts to defraud or interfere with the proper functioning of the application.

LVMH FRAGRANCE BRANDS may decide to cancel certain operations on the My Beauty Play application if it appears that obvious fraud has occurred in any form whatsoever, in particular by computer, in the context of participation in these operations and/or the determination of the winners.

As such, Members are informed that LVMH FRAGRANCE BRANDS has put in place the necessary technical means to demonstrate the regularity of the participations in the operations present on the My Beauty Play application.

Thus, LVMH FRAGRANCE BRANDS records and archives all data relating to Members' participation in training, competitions and operations on the My Beauty Play application (information entered, date and time of participation, etc.) in accordance with the provisions relating to personal data provided for in the legal notice and these T&Cs, where applicable.

It is agreed that, except in the case of manifest error, the data contained in LVMH FRAGRANCE BRANDS' information systems have probative value as regards the information on the regularity of a Member's participation.

II.1.2 Inscription

The following are considered to be My Beauty Play Members (hereinafter, the "Member(s)"):

· Beauty Consultants, Members of the staff of authorized distributors of Parfums Givenchy and Kenzo Parfums, working in a point of sale authorized by LVMH FRAGRANCE BRANDS, in metropolitan France and Corsica, and who have filled in all the information mentioned on the registration page in the "Create an account" section of My Beauty Play.

· Animators working in a point of sale approved by LVMH FRAGRANCE BRANDS, under contract with LVMH FRAGRANCE BRANDS' partner temporary agencies, in metropolitan France, and who have filled in all the information mentioned on the registration page in the "Create an account" section of My Beauty Play.

· LVMH FRAGRANCE BRANDS staff, on fixed-term / permanent contracts and interns.

Thus, the following cannot be part of My Beauty Play and participate in its various operations:

- Any other third party that does not belong to a distributor of the LVMH FRAGRANCE BRANDS brand and that acts on behalf of the Organizing Company

- Any other third party belonging to a company competing with LVMH FRAGRANCE BRANDS.

- Their respective families.

On My Beauty Play, a validation code is required to validate the registration of new Members. This validation code is given by the LVMH FRAGRANCE BRANDS field ambassadors, interim relays and headquarters, and is strictly reserved for the legitimate members described above (beauty consultants, animators and LVMH FRAGRANCE BRANDS staff) under contract.

Any Staff Member of an Authorized Distributor under the age of 18 must obtain the prior authorization of the holder(s) of parental authority (parent(s) or guardian) to be a Member.

LVMH FRAGRANCE BRANDS may ask any Member of the staff of an authorized distributor to justify this authorization and, if necessary, to withdraw his or her membership from a member of the staff of an authorized distributor who cannot justify this authorization.

The terms and conditions for registering and participating in the application's contests are presented to the Staff Members of the authorized distributors of LVMH FRAGRANCE BRANDS at the points of sale authorized by LVMH FRAGRANCE BRANDS by the sales representatives of LVMH FRAGRANCE BRANDS by any means (including by written or oral presentation), by any communication medium addressed to the authorized distributor by LVMH FRAGRANCE BRANDS (poster, cooking sheet, etc.).

Membership in the app is possible at any time. No end date has been set at this time. However, LVMH FRAGRANCE BRANDS reserves the right to terminate it at any time, in the event of non-use of the application within a period of one year from the registration of Members, or breach of contract by Members with authorized distributors of LVMH FRAGRANCE BRANDS operating in a point of sale authorized by LVMH FRAGRANCE BRANDS, or partner temporary employment agencies, or LVMH FRAGRANCE BRANDS internal personal contract.

II.2 Content and operating methods of the application

Registration on My Beauty Play will allow Members to: - Receive news about the KENZO and GIVENCHY brands and/or their products

- Participate in competitions; - Answer quizzes; - Comment and "like" the content of the application - Receive gifts by being eligible for the conditions of the contests

III. PERSONAL DATA

The personal data collected as part of the registration on the My Beauty Play application is processed by LVMH FRAGRANCE BRANDS in accordance with the provisions of the Data Protection Act No. 78-17 of January 6, 1978 as amended by the French Data Protection Act No. 2004-801 of August 6, 2004.

Members are informed of the fact that, when they participate in the My Beauty Play application, their personal data (first name, last name, identity, address of the point of sale) and associated profile information (photos liked, photos posted) are processed by LVMH FRAGRANCE BRANDS, which may be accessible to other Members via the My Beauty Play application.

The above personal data will be kept until the My Beauty Play account is inactive. The My Beauty Play account will be considered inactive if the Member does not use it for 1 year. The account is deactivated after 1 year of non-activity but the data is preserved. They are only deleted if the Member does not use the My Beauty Play application for 3 years. LVMH FRAGRANCE BRANDS' privacy policy is specified in the legal notices accessible on the My Beauty Play application and in particular the rights of Members to access, rectify, update and delete their personal data.

IV. TERMS AND CONDITIONS OF THE « MY BEAUTY PLAY »

Members are required to acquire badges when carrying out the training. The conditions for obtaining badges are specified below.

The number of badges awarded during quizzes and training depends in particular on the rate of correct answers (100% of correct answers) on the quizzes and the completion rate of the training modules (100% completion). The Member has to his knowledge and at all times the number of badges earned per training. The badges acquired on My Beauty Play are accumulated on the Member's one and only account.

Badges are personal, non-transferable and indivisible. They may only be used by the Member to whom they belong. In any event, if the Member is no longer an employee of an authorized LVMH FRAGRANCE BRANDS point of sale, the Member will no longer have access to My Beauty Play, or to the My Beauty Play Boutique Programs, as of the end date of the contract and without prior notification to LVMH FRAGRANCE BRANDS being necessary. The Member, no longer able to benefit from this status, will lose his valid badges.

The validity date of the badges is specified on the My Beauty Play application.

My Beauty Play allows Members who win the competitions to withdraw their winnings via the My Beauty Play Store.

To be eligible for the My Beauty Play Store, the Member must accumulate the number of badges specified by My Beauty Play and be eligible for any draws.

Thus, each competition can take place under one of the types of competitions below:

- 100% Winning Contest: Obtaining all the badges on a given course. This type of competition can be intended for a single perfumery brand, several brands or all the brands.

- Contest by draw: Obtaining all the badges on a given course and then drawing lots for a number of winning Members specified on the contests. This type of competition can be intended for a single perfumery brand, several brands or all the brands, as well as the facilitators.

Each winner of the competitions is notified by email and will then obtain access to the My Beauty Play Boutique to collect their gift.

My Beauty Play can also allow Members to be rewarded for their attendance over the course of a year. All Members have to do is complete perfect training courses (100% correct answers and 100% completion rate on the courses). The training courses to be carried out over a year will be set out on the My Beauty Play application.

To win this annual gift on My Beauty Play, if this provision is well organized and specified on the application, Members must meet the conditions below:

- Complete all the main training courses specified on My Beauty Play

- Obtain all the badges on each training course (quiz with 100% correct answers, training completed 100%)

Members eligible for the annual gift will then be notified by email and will have access to the My Beauty Play Store to collect their gift.

In order for each winner to receive their winnings, My Beauty Play asks each Member to fill in and update their postal details (full address, mobile number, email) in the "My Space" tab. This information is only used by LVMH FRAGRANCE BRANDS for the delivery of gifts to winning Members.

The gifts selected by Members in the My Beauty Play Boutique area will be sent to them by post, to the address indicated on their personal profile, subject to their availability within the time specified on the dedicated page.

If the Member is absent at the time of delivery or does not collect it from the postal services or the carrier, he/she will lose the benefit of his/her gift and LVMH FRAGRANCE BRANDS will retain ownership of it.

Gifts cannot be exchanged or refunded under any circumstances. They may not be paid in cash or for any consideration of any kind whatsoever and are non-transferable. Gifts are given for strictly personal use. Consequently, Members may not resell gifts provided by LVMH FRAGRANCE BRANDS in new condition in commercial first-hand sales channels.

LVMH FRAGRANCE BRANDS reserves the right to replace the gifts announced with gifts of equivalent or greater value, but not limited to, in the event of a shortage of stock of the initially planned gifts or any other unforeseeable, irresistible and external event that would make it impossible to deliver the planned gifts within a reasonable time.

In the event of an express waiver by a Member of the Member's right to receive his or her gift, it will be retained by LVMH FRAGRANCE BRANDS, which will retain ownership of it.

Participation in the competitions is limited to one entry per household (same address, same last name). In the event of several wins per household, only one win will be counted.

Participation in the competition implies the pure and simple acceptance of these rules and their application by the Organising Company.

V. PHOTOGRAPHS

The purpose of this section is to allow Members to (i) submit photographs that can be published on My Beauty Play and (ii) vote for other Members' photographs.

5.1 Ownership of the rights to the photographs

The Member or his/her legal representative, if he/she is a minor, declares that he/she is the holder of all tangible and intangible rights relating to the photographs and the persons represented therein.
The Member or his/her legal representative, if he/she is a minor, accepts that his/her photograph may be published on My Beauty Play, as part of the promotion of a possible competition.

5.2 Good Practices

The Member or his/her legal representative, if he/she is a minor, undertakes to offer only photographs that comply with applicable legislation and good morals. Thus, it undertakes not to offer content that is detrimental to the dignity of the human person and in particular minors, violent, pornographic or proselytizing. In the same way, it undertakes to respect the brand image of LVMH FRAGRANCE BRANDS and not to offer content that could be harmful to it.

As the photographs offered are controlled and moderated a posteriori on the My Beauty Play application, LVMH FRAGRANCE BRANDS reserves the right, at its sole discretion, to delete photographs that do not comply with these rules of good practice, in its image, not to validate a Member's participation in this case and to deactivate the account of the Member at the origin of the publication.

In this regard, LVMH FRAGRANCE BRANDS wishes to specify that the photographs rejected in the context of the a priori control cannot be made public with an explicit or implicit association with the trademark

LVMH FRAGRANCE BRANDS, particularly via social networks. Photographs submitted must comply with the following rules:

- Not contain any element of an obscene, pornographic, sexually explicit or suggestive nature, derogatory, defamatory, insulting, derogatory, racist, violent, dangerous, contrary to public order or morality or which would contain images of naked people or obscene images;

- Not be likely to violate the dignity of persons or be liable to discriminate against individuals on the basis of their age, religion, nationality, disability, sexual orientation or any other characteristic, not to undermine the protection of minors, nor incite or glorify crimes of any kind;

- Not promote a political program or message that would endorse a form of hate or a group that incites hatred.

In the event that persons or property appear in the published photographs, Members must, prior to submitting the said photographs, obtain the necessary authorizations to allow the disclosure, exhibition, publication and use of the same by LVMH FRAGRANCE BRANDS on the My Beauty Play application. The Member shall be solely responsible for the consequences of such action.

By submitting photographs, the Member agrees to comply with the Rules and agrees that LVMH FRAGRANCE BRANDS may, at its sole discretion and at any time, withdraw its photograph for any reason whatsoever.

The Member may remove his or her photograph by clicking on the button provided for this purpose near his or her publication.

5.3 Ownership

The Member or his/her legal representative, if he/she is a minor, retains ownership of his/her photographs and grants, for the duration of the intellectual property rights, to LVMH FRAGRANCE BRANDS the right to the aforementioned media to:

- Reproduce or have reproduced the photograph without limitation of number, in whole or in part, by any means and process, on all media and materials, whether current or future, known or unknown, and in particular on paper or derived media, plastic, digital, magnetic, electronic or computer, by download, video, CD, DVD, network;

- Represent or have represented the photograph by any current or future means of dissemination and communication, known or unknown, in particular by any online telecommunication network, such as the Internet, intranet, by download, wired or wireless telephone networks;

This authorisation is granted for an unlimited period of time and for the whole world and for non-commercial purposes. Members are informed that all data transmitted as part of the "My Beauty Play" training program (including photographs sent by them as part of competitions) may be used by LVMH FRAGRANCE BRANDS, solely for the purposes of the "My Beauty Play" training program without this conferring any remuneration on them, any right or benefit other than the allocation of their endowment.

Members expressly authorize LVMH FRAGRANCE BRANDS to use their photographs as part of the "My Beauty Play" training program only for the purposes of internal communications on any medium and worldwide, and for the duration of the intellectual property rights, unless expressly refused by the Participant by Registered Letter with Acknowledgement of Receipt (LRAR) to the address mentioned in Article 15 of the Rules, which will imply the exclusion of the participant from the Game.

VI. LIABILITY

LVMH FRAGRANCE BRANDS shall not incur any liability if, in the event of force majeure, events beyond its control or justified necessity, it is required to cancel the training application, shorten it, extend it, postpone it or modify its conditions.

LVMH FRAGRANCE BRANDS will not be responsible for any malfunction of the Internet network preventing the smooth running of the "My Beauty Play" training program and the Sponsorship and Boutique areas, in particular due to external malicious acts.

LVMH FRAGRANCE BRANDS cannot be held liable in the event that one or more Members are unable to connect to the My Beauty Play application due to any technical defect or any problem related in particular to network congestion.

LVMH FRAGRANCE BRANDS makes every effort to provide Members with information and/or tools that are available and verified, but cannot be held liable for errors (in particular the display or sending of incorrect emails to Members), the lack of availability of information and/or the presence of viruses, delays in data transmission, computer failures, the Member's telephone, smartphone, modem, telephone line, servers, Internet service providers, telephone operators, computer equipment, software, the loss of any email and, more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical failure, any damage caused to a Member's computer, any technical, hardware or software failure of any kind, which has prevented or limited the possibility of participating in the competitions or which has damaged a Member's system.

It is the responsibility of each Member to take all appropriate measures to protect its own data and/or software stored on its computer and telephone equipment against any attack.

The connection and participation of any Member is under his or her sole responsibility.

LVMH FRAGRANCE BRANDS may cancel or suspend its My Beauty Play application in part or in whole if it appears that fraud has occurred in any form whatsoever, in particular by computer.

In this case, LVMH FRAGRANCE BRANDS reserves the right not to award gifts to fraudsters and/or to prosecute the perpetrators of such fraud before the competent courts.

In the event of a delay, strikes or events disrupting the delivery and transport of gifts or their loss, LVMH FRAGRANCE BRANDS will not be held liable for these consequences. Any complaints must be made by Members directly to the companies that have ensured the delivery and transport of the gifts.

Participation in My Beauty Play's competitions and training courses and all related services is the sole responsibility of the Member.

VII. MODIFICATION OF THE T&CS

These rules can be viewed and printed at any time on My Beauty Play.

LVMH FRAGRANCE BRANDS reserves the right, at any time and without notice, to modify the T&Cs without incurring any liability.

VIII. DISPUTES

Registration and participation in activities on My Beauty Play are subject to French regulations. Any dispute arising from non-compliance, disagreement and/or misinterpretation of the T&Cs will be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal.

Any difficulty arising or to arise, related to the interpretation, validity or execution of the T&Cs and more generally to any dispute arising from these Terms and Conditions that may divide them, will be under the exclusive jurisdiction of the Courts within the jurisdiction of the Paris Court of Appeal, including in matters of urgency and summary proceedings.

LVMH FRAGRANCE BRANDS may rely for the purposes of proof on programs, data, files, recordings, operations and any other element of any nature whatsoever, in any format or medium whatsoever (including computer, electronic), established, received or stored directly or indirectly by LVMH FRAGRANCE BRANDS, in particular in its information systems.

Except in the case of manifest errors, Members expressly acknowledge that the information resulting from the "My Beauty Play" training application has probative value in any dispute regarding the connection elements and the computer processing of said information.