GENERAL TERMS AND CONDITIONS OF USE (T&Cs)
I. IDENTIFICATION
LVMH FRAGRANCE BRANDS, a société anonyme [public limited company] with capital of 13,662,592 euros, entered in the Paris Trade and Companies Register under number B 572 082 253, whose registered office is located at 77 rue Anatole France, 92300 Levallois Perret (France), has set up a free training programme with no obligation to buy for Staff members of LVMH FRAGRANCE BRANDS’ authorised distributors registered on the My Beauty Play training application accessible on smartphone via the Appstore and Playstore.
II. TERMS AND CONDITIONS FOR REGISTRATION AND USE OF THE APPLICATION
2.1 Conditions of registration and participation
2.1.1 Acceptance of the General Terms and Conditions of Use
Registration for My Beauty Play and its use by Members as defined in Clause 2.1.2 entails the Members’ full and unreserved acceptance of these General Terms and Conditions of Use (hereinafter “T&Cs”).
Failure to comply with the T&Cs will result in cancellation of the registration and therefore the loss of any benefit granted by access to the application (loss of points obtained, suspension of gift orders being processed, etc.).
LVMH FRAGRANCE BRANDS reserves the right to:
- exclude any Member from the application who does not comply with the T&Cs,
- prosecute anyone who attempts to cheat or harm the proper running of the application.
LVMH FRAGRANCE BRANDS may decide to discontinue certain activities on the My Beauty Play application if it appears that there has been obvious cheating in any form whatsoever, particularly in a computerised manner, within the framework of participating in these activities and/or determining the winners.
In this regard, Members are informed that LVMH FRAGRANCE BRANDS has put in place the necessary technical means to demonstrate the validity of participation in activities on the My Beauty Play application.
LVMH FRAGRANCE BRANDS records and archives any data relating to Members’ participation in training and activities on the My Beauty Play application (information entered, date and time of participation, etc.) in accordance with the provisions relating to personal data laid down in the legal notices and these T&Cs, if applicable.
It is agreed that, unless there is an obvious error, the data contained in LVMH FRAGRANCE BRANDS’ information systems has probative force regarding the validity of a Member’s participation.
2.1.2 Registration
My Beauty Play Members (hereinafter the “Member(s)”) are considered to be:
· the Beauty Consultants, Staff members of the authorised distributors of Parfums Givenchy and Kenzo Parfums, operating at a point of sale authorised by LVMH FRAGRANCE BRANDS, and who have completed all the information mentioned on the registration page in the “Create an account” section of My Beauty Play;
· the In-store Representatives working at a point of sale authorised by LVMH FRAGRANCE BRANDS, under contract with temporary work agencies that are partners of LVMH FRAGRANCE BRANDS, in [INSERT COUNTRIES SPEAKING THIS LANGUAGE], and who have completed all the information mentioned on the registration page in the “Create an account” section of My Beauty Play;
· LVMH FRAGRANCE BRANDS staff, under a fixed-term contract / permanent contract and trainees.
Therefore, the following parties cannot be part of My Beauty Play and participate in its various activities:
- any other third party not belonging to a LVMH FRAGRANCE BRANDS distributor and service provider acting in the name of and on behalf of the Organising Company;
- any other third party belonging to a house 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, acting representatives and headquarters, and is strictly reserved for the legitimate members set out above (beauty consultants, in-store representatives and LVMH FRAGRANCE BRANDS personnel) under contract.
Any Staff member of an authorised distributor under 18 years of age must obtain prior authorisation from the person(s) with parental authority (parent(s) or guardian) in order to be a Member.
LVMH FRAGRANCE BRANDS may ask any Staff member of an authorised distributor to provide proof of this authorisation and, as appropriate, to withdraw the status of Member from a Staff member of an authorised distributor who cannot provide such proof.
The procedures for registering for and participating in the application’s training challenges are presented to the Staff of LVMH FRAGRANCE BRANDS authorised distributors at the points of sale approved by LVMH FRAGRANCE BRANDS by LVMH FRAGRANCE BRANDS sales representatives by any means (including in writing or orally) and by any means of communication sent to the LVMH FRAGRANCE BRANDS authorised distributor (poster, instructions sheet, etc.).
You may sign up to the application at any time. To date, no membership end date is fixed. LVMH FRAGRANCE BRANDS reserves the right, however, to end membership at any time if the application is not used within a period of one year from a Member’s registration, or if a Member’s contract is terminated with LVMH FRAGRANCE BRANDS authorised distributors operating at a point of sale approved by LVMH FRAGRANCE BRANDS, or partner temporary work agencies, or a LVMH FRAGRANCE BRANDS internal staff contract is terminated.
2.2 Application content and operating procedures
Registering on My Beauty Play allows Members to:
- receive updates on the KENZO and GIVENCHY brands and/or their products;
- participate in training challenges;
- take part in quizzes;
- comment and like the application content;
- receive gifts where they are eligible for the terms of the training challenges.
III. PERSONAL DATA
The personal data collected as part of signing up to the My Beauty Play application is processed by LVMH FRAGRANCE BRANDS in accordance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004.
Members are informed that at the time of their participation, their personal data (first name, surname, identity, address of the point of sale) and related profile information (photos liked, photos posted) shall be processed by LVMH FRAGRANCE BRANDS, which may in particular be accessible to other Members via the My Beauty Play application.
The above-mentioned personal data will be retained until the My Beauty Play account becomes inactive. The account is disabled after 1 year of non-activity but the data is retained. It is only deleted if the Member does not use the My Beauty Play application for 3 years.
LVMH FRAGRANCE BRANDS is the data controller. The information collected above is used to create your account and allow you to use this service. For more information on the processing of your personal data and to know your rights, LVMH FRAGRANCE BRANDS staff can view our Charter on the Protection of Personal Data available on the internal network.
In accordance with applicable regulations, particularly GDPR, Members have a right to access and correct their personal data, as well as the right to request its erasure, object to its processing on legitimate grounds and request the restriction of its processing and the right to data portability to the extent applicable.
These rights may be exercised directly with LVMH FRAGRANCE BRANDS by sending an email to dpo@lvmhfb.com.
IV. CONDITIONS OF THE MY BEAUTY PLAY STORE
Members are required to acquire badges during the course of the training. The conditions for obtaining badges are set out below.
The number of badges awarded during the quizzes and training depends in particular on the number of correct answers (100% correct answers) in the quizzes and the completion rate for the training modules (100% completion). The Member shall at any time be aware of the number of badges earned by training. The badges acquired on My Beauty Play are accumulated solely on the Member’s 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 employed at an LVMH FRAGRANCE BRANDS authorised point of sale, the Member will no longer have access to My Beauty Play or the My Beauty Play Store Programmes from the end date of this Member’s contract, with no need for LVMH FRAGRANCE BRANDS to inform this Member in advance. Persons who no longer benefit from Member status will lose their valid badges.
The validity date of the badges is specified on the My Beauty Play application.
My Beauty Play allows the winning Members of the training challenges to obtain their prize 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 possible draws.
Therefore, each training challenge may be held under one of the following types:
- 100% Win Challenge: obtaining all badges for a given training course. This type of training challenge can be for a single perfume store, several stores or all of the stores.
- Random draw: obtaining all badges for a given training course and then drawn from a number of winning Members specified for the training. This type of training challenge can be for a single perfume store, several stores or all of the stores, as well as the in-store representatives.
Each training challenge winner is notified by email and will then get access to the My Beauty Play Store to collect their gift.
My Beauty Play may also allow Members to be rewarded for their consistency over one year. Members just need to complete training courses (quizzes with 100% correct answers and 100% completion rate for training). The training courses to be carried out over one year will be indicated on the My Beauty Play application.
In order to win this annual gift on My Beauty Play, if this provision is organised and specified on the application, Members must meet the conditions below:
- complete all the main training courses specified on My Beauty Play;
- obtain all badges for each training course (quiz with 100% correct answers, 100% of the training completed).
Members eligible for the annual gift will then be notified by email and will have access to the My Beauty Play Store to obtain their gift.
In order for each winner to receive their prize, My Beauty Play asks each Member to fill in and update, if necessary, their postal details (complete address, mobile number, email) in the “My Space” tab. This information is only used by LVMH FRAGRANCE BRANDS to deliver gifts to the winning Members.
Gifts selected by Members in the My Beauty Play Store area will be sent to them by post, at the address indicated on their personal profile, subject to their availability within the time period 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 carrier, that Member shall lose the gift and LVMH FRAGRANCE BRANDS shall retain ownership thereof.
Gifts may not under any circumstances be exchanged or reimbursed. They cannot be settled in cash or by any consideration of any kind whatsoever and are not transferable. Gifts are given for strictly personal use. As a result, Members may not resell the gifts given by LVMH FRAGRANCE BRANDS in new condition within first-hand sales channels.
LVMH FRAGRANCE BRANDS reserves the right to replace the gifts announced with gifts of an equivalent or higher value without this being exhaustive, in the event of stock shortages of the original gifts or any other unforeseeable, unstoppable and external event that would make it impossible to deliver the intended gifts within a reasonable time frame.
Should a Member expressly relinquish the gift, it will be kept by LVMH FRAGRANCE BRANDS which will retain ownership thereof.
Participation in training challenges is limited to one entry per household (same address, same surname). If one household has more than one winner, only one winner will be recorded.
Participation in the training challenge entails the simple acceptance of these rules and their application by the Organising Body.
V. PHOTOGRAPHS
The purpose of this section is to allow Members to (i) propose photographs that may be published on My Beauty Play and (ii) vote for the photographs of other Members.
5.1 Ownership of rights in photographs
Members, or their legal representatives if the Member is a minor, declare that they own all tangible and intangible rights relating to the photographs and persons represented therein.
Members, or their legal representatives if the Member is a minor, accept that their photographs may be published on My Beauty Play, as part of promoting any challenge.
5.2 Good Practice
Members, or their legal representatives if the Member is a minor, undertake to only submit photographs that comply with applicable law and accepted moral standards. As a result, Members undertake not to propose content that is detrimental to an individual’s dignity, especially minors, or that is violent, pornographic or considered as propaganda. Similarly, Members undertake to observe the brand image of LVMH FRAGRANCE BRANDS and not to propose content that could be harmful to it.
As the proposed photographs are subsequently reviewed and moderated on the My Beauty Play application, LVMH FRAGRANCE BRANDS reserves the right, at its sole discretion, to remove photographs that do not comply with these rules of best practice or its image, not to approve a Member’s participation in this case and to deactivate the account of the Member who published them.
In this regard, LVMH FRAGRANCE BRANDS wishes to clarify that photographs refused as part of the review cannot a priori be made public with an explicit or implied association with the brand
LVMH FRAGRANCE BRANDS, particularly via social networks. The photographs submitted must comply with the following rules:
- not contain any element that is obscene, pornographic, sexually explicit or suggestive, derogatory, defamatory, insulting, racist, violent, dangerous, contrary to mandatory public policy or accepted moral standards, or which contain images of naked persons or obscene images;
- not be liable to harm an individual’s dignity or discriminate against individuals according to their age, religion, nationality, disability, sexual orientation or any other characteristic, not jeopardise the protection of minors and not encourage any criminal activity or justify it;
- not promote a political programme or message that would support a form of hatred or a group inciting hatred.
In the event that individuals or property appear in the published photographs, Members must, prior to the submission of said photographs, obtain the necessary authorisations to allow their disclosure, display and publication and their use by LVMH FRAGRANCE BRANDS on the My Beauty Play application. The Member shall be solely responsible for the consequences of such action.
By submitting their photographs, Members agree to comply with the Rules and accept that LVMH FRAGRANCE BRANDS may, at its sole discretion and at any time, remove their photograph for any reason whatsoever.
Members may remove their photograph by clicking on the button provided for this purpose near to where the photograph is published.
5.3 Ownership
Members, or their legal representatives if the Member is a minor, shall retain ownership of their photographs and shall grant to LVMH FRAGRANCE BRANDS, for the duration of the intellectual property rights, the right, on the aforementioned media, to:
- reproduce the photograph or have it reproduced with no limitation on number, in whole or in part, by any means and processes, on all media and materials both current and future, known or unknown, and in particular on paper or paper-derivative, plastic, digital, magnetic, electronic or computer media, via a download, video, CD, DVD or network;
- communicate the photograph to the public or have it communicated to the public by any means of current or future broadcasting and communication, known or unknown, particularly by any online telecommunications network, such as Internet, intranet, downloading, wired or wireless telephone networks.
This authorisation is granted for an unlimited period, worldwide and for non-commercial purposes. Members are informed that all data transmitted as part of the My Beauty Play training programme (including photographs sent by them for training challenges) may be used by LVMH FRAGRANCE BRANDS, solely for the purposes of the My Beauty Play training programme without this giving them any remuneration, right or benefit other than the award of their prize.
Members expressly authorise LVMH FRAGRANCE BRANDS to use their photographs as part of the My Beauty Play training programme only for internal communications on any medium, worldwide and for the duration of the intellectual property rights, unless the Participant expressly refuses by Registered letter with acknowledgement of receipt to the address stated in Clause 15 of the Rules, which will entail the Participant’s exclusion from any challenges.
VI. LIABILITY
LVMH FRAGRANCE BRANDS shall not incur any liability if, in the event of force majeure, events beyond its control or a justified need, it is required to remove, shorten, extend or postpone the training application or modify the conditions thereof.
LVMH FRAGRANCE BRANDS will not be liable for any malfunction of the Internet network preventing the smooth running of the My Beauty Play training programme, Sponsorship space or Store, particularly due to external malicious acts.
LVMH FRAGRANCE BRANDS shall not 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 fault or any problem related to network congestion.
LVMH FRAGRANCE BRANDS shall do its utmost to provide Members with available and verified information and/or tools, but cannot be held liable for errors (such as display, sending incorrect emails to Members), a lack of available information and/or the presence of viruses, data transmission delays, faults with a Member’s computer, telephone, smartphone, modem or phone line, faults with servers, Internet service providers, telephone operators, computer equipment or software, the loss of any email and more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical fault, any damage to a Member’s computer, and any kind of technical, hardware or software fault having prevented or limited the possibility of participating in the training challenges or having damaged a Member’s system.
It is the responsibility of all Members to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any threat.
Members connect to the application and participate under their sole responsibility.
LVMH FRAGRANCE BRANDS may discontinue or suspend its My Beauty Play application in part or in full if it appears that there has been cheating in any form whatsoever, particularly in a computerised manner.
LVMH FRAGRANCE BRANDS reserves the right, in this case, not to award gifts to cheats and/or to prosecute the perpetrators of this cheating before the competent courts.
If there is any delay, strikes or events disrupting the delivery and transport of the gifts or if they are lost, LVMH FRAGRANCE BRANDS shall not be held liable for said consequences. Any complaints must be made by Members directly to the companies responsible for the delivery and transport of the gifts.
Members participate in My Beauty Play training and any services related thereto under their sole responsibility.
VII. AMENDMENT 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 amend the T&Cs without incurring any liability.
VIII. DISPUTES
Signing up for and participating in activities on My Beauty Play are subject to French regulations. Any dispute arising from non-compliance, a disagreement and/or misinterpretation of the T&Cs will be referred to the competent courts within the jurisdiction of the Paris Court of Appeal.
Any difficulty arising related to the interpretation, validity or performance of the T&Cs and, more generally, any dispute resulting from these T&Cs that may be divisive, will come under the exclusive competence of the Courts within the jurisdiction of the Paris Court of Appeal, including in matters of urgent and interim proceedings.
LVMH FRAGRANCE BRANDS may cite, for the purposes of proof, programmes, data, files, recordings, activities and any other element of any kind whatsoever, in any format or on any medium whatsoever (including computer and electronic), established, received or stored directly or indirectly by LVMH FRAGRANCE BRANDS, particularly in its information systems.
Except in the case of obvious errors, Members expressly acknowledge that the information resulting from the My Beauty Play training application has probative force in any dispute regarding the connection elements and the computer processing of such information.