TERMS AND CONDITIONS OF USE 

1. General information - Legal information 

The website www.dermeden.com from which the User can register his application to become a Brand ambassador is published by Laboratoires DermEden Paris S.A.S. with a capital of 40,000 euros, headquartered at 2 rue saint joseph 75002 Paris, registered with the Registre du Commerce et des Sociétés de Paris under number 505 025 858, whoseunique identification number(IDU) with ADEME is FR280370_01BZKJ.

La Marque is a company specializing in the cosmetics sector. cosmetics. As part of its development, it would like to test its products on a representative sample of consumers, selected according to a number of criteria, using various service providers and subcontractors.

In particular, the Brand has entered into a service contract with Makeup Bag, a société par actions simplifiée (simplified joint stock company) with capital of 8,055 euros, registered in the Nanterre Trade and Companies Register under number 791 644 958, whose registered office is at 16 quai Alphonse Le Gallo, 92100 Boulogne Billancourt, France, to enable it to set up and manage the various influencer campaigns it wishes to run. Makeup Bag has developed a digital and logistical solution for managing influencer campaigns (the " Trustt "), enabling the Brand to pre-select the target population for an influencer campaign, create an influencer campaign, and select and recruit candidate influencers.

2. Definitions 

Terms and expressions beginning with a capital letter have the following meaning, whether used in the singular or plural: 

- "Candidate Influencer"means any person who applies to test the Brand's products.

- "Influence Campaign"means any influence campaign organized by the Brand using the Solution in which the Influencer agrees to participate.

- "Personal Account"refers to the personal account created by a Candidate Influencer upon registration in order to be selected for an Influence Campaign.

- "GCU"means these general terms and conditions of use and any supplementary documents.

- "Influencer"means any person who has applied to test the Brand's products and has been selected by the Brand to become an Influencer for a particular Influence Campaign.

- "Product"means the Brand product sent to the Influencer as part of the Influence Campaign.

- "Questionnaire"refers to the questionnaire to be completed by the Candidate Influencer.

- "website "means the Internet site accessible at the address www.dermeden.com or all of their sub-domains, as well as all of its elements and content (graphic charter, frames, banners, flash and video animations, source code, html programming code, etc.).

- "Solution "means the "Trustt" digital and logistics solution for managing influencer campaigns developed by Makep Bag and used by the Brand.

3. Purpose and acceptance of the GCU 

The purpose of the Terms and Conditions is to define the general terms and conditions for use of the Site, for the application of Candidate Influencers and for the participation of Influencers in Influence Campaigns. 

The Influencer's Participation in the Influence Campaign is subject to the Candidate Influencer's unreserved acceptance of these GTCU. Acceptance of the GCU is full, complete, indivisible and unconditional. 

When creating their personal account, Candidate Influencers are invited to read and accept the Terms and Conditions before participating in the Influence Campaign, if they are accepted as an Influencer. 

La Marque reserves the right to adapt or modify the terms of the GCU, the functionalities offered on the Site or their operating rules at any time. 

4. How an Influencer participates in an Influence Campaign

4.1 Application form 

To apply to become an Influencer, the Influencer Candidate must first create a Personal Account and answer a Questionnaire. To do so, the Influencer Candidate must enter information on the Site that identifies him or her (last name, first name), provide a valid e-mail address, which will serve as a connection identifier, and choose a connection password (together, the "Identification Elements").Identification Elements").

The Candidate Influencer is required to update his or her Identification Elements and agrees not to communicate any incorrect or false information when creating or updating his or her Personal Account. 

Login Information is specific to the Influencer or Candidate Influencer and is reserved for his/her personal use. Consequently, the Candidate Influencer undertakes not to communicate the Login Information to a third party. In any event, any act carried out using the Candidate Influencer's Login Information will be considered to have been carried out by the Candidate Influencer and under his or her responsibility. The Candidate Influencer therefore acknowledges that he/she is fully responsible for any use made of his/her Login Information or Personal Account. 

In the event of unauthorized use of the Login Information or Personal Account of a Candidate Influencer or an Influencer by a third party, La Marque shall in no event be liable to the Candidate Influencer or the Influencer concerned and the latter must inform La Marque of this situation without delay, by e-mail to : [email protected]

The Influencer or Candidate Influencer may request the deletion of his or her Personal Account at any time by sending a request to that effect by e-mail to La Marque's customer service department at the following address [email protected]. [In the case of an ongoing Influence Campaign, the deletion will only become effective once the products have been tested and the Influencer's opinions have been communicated].

 

To apply, simply complete the Questionnaire and follow the registration procedure. 

Registration is not compulsory, and each Influencer Candidate is free to apply or not. 

Some answers are optional, while others are compulsory and are identified as such, as the Brand needs these answers in order to be able to carry out its Influence Campaign. 

A Candidate Influencer may choose not to answer questions requiring a mandatory response, in which case he/she accepts that his/her application will not be validated. 

A Candidate Influencer may choose not to answer the optional questions, in which case his/her application may be validated. He acknowledges that failure to answer may have an impact on the Brand's decision whether or not to select his profile as an Influencer. 

The Influencer Candidate undertakes to answer the questions asked in the Questionnaire truthfully. 

It is on the basis of these responses that the Brand will select Influencers from among the applications received and send them a particular product to be tested. These products are likely to vary according to the answers given in the Questionnaire. 

Candidate Influencers can choose, when registering, whether they wish to receive information and exclusive offers from the Brand (this choice does not affect their selection as an Influencer). 

The Candidate Influencer acknowledges and accepts the risk of not being selected to become an Influencer and waives any recourse in this regard against the Brand, the Brand's decision being based on objective elements according to the answers provided in the Questionnaire, but the Brand being under no obligation to justify its decision. 

4.2 Selecting and notifying Influencers 

In the event of selection by the Brand, the Candidate Influencer is notified by e-mail to the address provided when creating the Personal Account that he/she has been selected to be an Influencer and that he/she will shortly receive a Product to be tested by him/her. 

4.3 Instructions for use and product testing 

Upon receipt of the Product, the Influencer undertakes to confirm receipt of the Product by clicking on the link indicated in the selection confirmation e-mail. 

The Influencer undertakes to read the complete instructions for use supplied with the product before starting to use it, and to follow the advice for use and the various stages of the test given when the product is sent. 

For the record, the three stages of the test are : 

1° The Influencer validates receipt of the product by logging into his/her User Account; 

2° Test the product for the indicated duration and in compliance with the instructions for use.

3° Uploading by the Influencer from his/her User Account of the review written at the end of the test, as well as any photographs and/or videos, if applicable 

A reminder of the product test rules is sent out with the product. 

[The Influencer acknowledges and accepts that the recommendations for use are given in abstracto for information purposes only, on the basis of information provided by the Influencer, which is necessarily non-exhaustive and cannot therefore be used as a basis for medical diagnosis or as a substitute for medical follow-up. The Brand therefore declines all responsibility for the use of the Product as part of the Influence Campaign, and invites Influencers who have any doubts about the compatibility of a Product to consult an authorized professional].

It is specified that the Product is shipped at the Brand's expense, and delivered to the Influencer without financial consideration. The contractual relationship between the Brand and the Influencer thus constitutes a liberality subject to the Influencer's completion of the Product test upon receipt of said Product, and is exclusive of any contract of an onerous nature. Ownership of the Product is thus deemed transferred upon [shipment of the Product by the Brand / once the test has been completed and the review uploaded by the Influencer]. Likewise, the transfer of risks occurs at the time of [shipment of the Product by the Brand]. 

In the event that the Product received is damaged or does not correspond to the Product advertised, the Brand is under no obligation to return a Product to replace the Product received. 

4.4 Reminder e-mails to publish notices 

If the Influencer has not published his or her review within a certain period of time after the product has been sent, a reminder e-mail inviting the Influencer to share his or her review will be sent. 

4.5 E-mails to encourage content creation on social networks 

Once their review has been published on the Trustt platform, the Influencer receives a new e-mail encouraging them to share their experience with their community. The Influencer is encouraged to consult the "See tips" section to learn how to : 

- take beautiful before-and-after photos

- give your opinion on video

- make better stories

- easily produce a detailed (and useful) opinion

- increase your blog's notoriety through SEO

5. Commitments of the Candidate Influencer / Influencer 

By registering their participation and accepting the present Terms and Conditions, Candidate Influencers undertake, if selected, to : 

- To test the product received in accordance with the product's instructions for use, and not to use the product for any purpose other than that for which it is intended. 

- Write a complete, sincere and authentic product review from the Trustt personal space, a condition sine qua non for the product to be free of charge

- Not to use any defamatory, racist, violent, xenophobic, homophobic, malicious, vulgar, obscene, invasive of privacy or otherwise unlawful language in the context of the reviews. 

- Not to test products and/or participate in Influence Campaigns for illegal or fraudulent purposes or in a way that contravenes public order or good morals.œurs or in any way prejudicial to La Marque or any third party

- Refrain from politics, propaganda and proselytizing, 

- Refrain from writing notices and/or publishing content of an advertising nature for products competing with those marketed by the Brand 

- Not to represent the intellectual property elements of the Brand in a way that could harm the image of the Brand 

- Not to lend, give away or market in any way the product received 

- Take a pre-test photograph and a post-test photograph, following the recommendations given. 

- If necessary, take a video following the recommendations provided. 

- Authorize the Brand to use all or part of the review written, as well as its photographs and/or videos, for commercial purposes, whether to promote the merits of the product tested or, more generally, to promote the Brand. 

- To use his first name excluding his surname in connection with the notice]. 

- Publish your review on [Amazon] and other platforms, following the recommendations provided and in compliance with the regulations applicable to the advertising sector. 

The Influencer Candidate acknowledges and accepts that the relationship with the Brand is exclusive of any remuneration or subordination, and that it is in return for the free product delivered that he/she undertakes to carry out the test, in complete independence and under his/her own responsibility. 

The Candidate Influencer acknowledges that failure to comply with the above commitments, and in particular the fact of selling the product on sales platforms, may result in the Candidate Influencer being excluded from Influence Campaigns and being required to reimburse the full public price of the product received. 

In addition, in the event of a breach by the Influencer of any of the stipulations of the GCU, La Marque reserves the right to proceed with the deletion of his or her Personal Account, unilaterally and without compensation, after sending the Influencer a notice to this effect to the email address provided in his or her Personal Account. 

 

6. Intellectual property 

6.1 Trademark rights 

La Marque is the exclusive owner of the intellectual property rights relating to the Site and its content (graphic charter, texts, illustrations, videos and images, whether visual or sound, databases, brands, logos, domain names, etc.) as well as to the Products. 

Any representation, reproduction, modification, adaptation, translation, publication or exploitation of all or part of the Site or of the elements or data comprising it and/or the Product is strictly forbidden without the prior written consent of La Marque. 

For the purposes of publishing online reviews of the Products tested by the Influencer, the Brand authorizes the Influencer, for this sole purpose, to reproduce and represent the Brand's intellectual property elements, in particular, the trademark affixed to the Product or its packaging and the design of the Product or its container. 

6.2 Rights of the Candidate Influencer/Influencer 

6.2.1 Copyright license / warranties 

As part of the above authorizations, the Influencer transfers to the Brand his or her reproduction and representation rights, as well as the right to adapt and translate the opinions written and the photographs and/or videos taken during the product tests, free of charge, for the entire world and for the duration of the intellectual property rights as provided for by the applicable laws and regulations, on all physical or digital media (and in particular the written press, digital press, television, Internet, etc.) and for all uses in connection with the promotion of the products tested and, more generally, the promotion of the Brand. 

The Influencer guarantees that he/she is the author of the opinions written and the photographs taken during the product tests and guarantees the Brand peaceful use in this regard. 

In the event that the Influencer has borrowed from a œIn the event that the Influencer has borrowed from a pre-existing work in order to write his or her opinions or to create a photograph or video, he or she undertakes to secure all necessary rights from the relevant rights holders, in order to allow the Brand to freely exploit the uploaded content.

6.2.2 Image and personality rights license 

In the event that certain photographs taken by the Influencer or his or her contributions contain personality attributes (such as the Influencer's image, all or part of the Influencer's name, etc.), the Influencer hereby grants the Brand an authorization to use the personality rights, free of charge, valid throughout the world on all physical or digital media (and in particular the written press, digital press, television, etc.).), the Influencer hereby grants the Brand an authorization to use the personality rights, free of charge, valid worldwide on all physical or digital media (and in particular the written press, the digital press, television, the Internet, etc.), for all uses in connection with the promotion of the products tested and, more generally, the promotion of the Brand. 

 

7. Advertising regulations 

The Brand draws the attention of Candidate Influencers / Influencers to the fact that, in accordance with the recommendations of the Autorité de Régulation Professionnelle de la Publicité, (ARPP), the identification of the partnership with the Brand must be explicit, and the Influencer must write words such as hashtag partnership or hashtag sponsoring in all their social network posts, or by displaying a visual or audio indication at the start of their published content.

The Brand strongly encourages Candidate Influencers to refer to the best practices guide, and to take the "Responsible Influence Certificate" if necessary. https://www.arpp.org/certificat-influence-responsable-inscriptions/ published by ARPP for influencers, to make them aware of the legal and ethical rules governing their interactions with brands.

8. La Marque's liability - Warranties 

Under no circumstances may La Marque be held liable for unforeseeable, indirect or consequential damages such as, but not limited to, loss of profits, loss of revenue, loss of business opportunities, loss or damage to the brand or reputation, etc. La Marque shall not be held liable for any such damages. 

9. Personal data 

The personal data communicated by the Influencer Candidate and the Influencer enable La Marque to manage the relationship with the Influencer, within the framework of the present GCU that binds them, and to send commercial offers to the Influencer, if applicable. The data essential to La Marque are the surname, first name and e-mail address, as well as any other data identified as such in the context of Influence Campaigns. If these mandatory details are not provided, the Personal Account cannot be created. 

The Brand is responsible for processing the data collected. 

The recipients of the data are La Marque and its subcontractors. The Influencer Candidate and the Influencer expressly accept that their personal data may be stored, processed and transferred by La Marque to its subcontractors, including in other countries of the European Union, who may only access this personal data for the purposes of using the Solution and in compliance with the legal and regulatory provisions in force. 

In accordance with article L. 223-2 of the French Consumer Code, the Candidate Influencer and the Influencer are hereby informed that if they do not wish to be the subject of commercial prospecting by telephone, they may register on the telephone canvassing opposition list, available at the following address www.bloctel.gouv.fr.

In accordance with Law No. 78-17 relating to information technology, files and freedoms of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the Influencer Candidate and the Influencer have the right to access, rectify, modify, oppose, delete, erasure, limitation of processing and portability of their personal data, as well as the right to define directives concerning the fate of their personal data after their death. The Candidate Influencer and the Influencer may exercise this right by writing to La Marque's customer service department at 2 rue saint joseph 75002 or by e-mail to [email protected].. Any such request is free of charge, does not need to be justified and may be made at any time, including after the personal data of the Candidate Influencer and/or the Influencer has been collected. It must, however, be signed, accompanied by a photocopy of the Candidate Influencer's or Influencer's ID bearing his or her signature, and specify the address to which the reply should be sent. A reply will be sent to the Candidate Influencer/Influencer within two months of receipt of the request.

The personal data communicated by the Candidate Influencer and/or the Influencer when using the Site are kept by La Marque for a period not exceeding that necessary for the purposes for which they are processed, and in accordance with the legal and regulatory provisions in force. At the end of this period, all personal data communicated by the Candidate Influencer and/or the Influencer will be automatically deleted. 

When consulting the Site, information relating to the browsing habits of the Candidate Influencer may be recorded in cookie files installed on his or her computer or mobile terminal, subject to the choices expressed by him or her, which may be modified at any time. For more information on the type of cookies used on the Site, the purpose of each cookie and how to oppose and configure these cookies, the Candidate Influencer is invited to consult the Cookies page on the Site, by clicking on the "Cookies" link. 

The Influencer undertakes not to upload opinions or, more generally, content containing personal data likely to be considered "sensitive" within the meaning of the applicable Regulations. 

10. Applicable law - Jurisdiction 

These GCU are governed, interpreted and subject to French law. 

Any dispute relating to the GTU that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the French courts. 

The original version of these GCU was written in French before being translated into other languages where necessary. These translations are provided solely as a courtesy and for information purposes. In the event of any dispute concerning the content or interpretation of the GCU, or in the event of any inconsistency or discrepancy between the French version and a translated version, the French version shall prevail and prevail unless otherwise provided by national law. 

 

11. Miscellaneous provisions 

11.1 Partial nullity 

If one or more stipulations of the GCU are considered invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations of the GCU will retain all their force and scope. 

The Trademark shall replace the invalidated provision(s) with a provision having an equivalent economic effect. 

11.2 Non-waiver 

The fact that La Marque does not avail itself at a given time of one of the stipulations of the GCU may in no case be considered as a waiver on its part to subsequently avail itself of any of the stipulations of the GCU.