These general terms and conditions of use (hereinafter “Terms”) govern the use of the application “Diorplay”, via which the company PARFUMS CHRISTIAN DIOR (hereinafter “PCD”) offers a free training program without obligation of purchase for “Beauty Consultants” employed by its authorized distributors, available on the App Store and the Play Store via [a mobile, a tablet or a computer] (hereinafter “Application”).
I. IDENTIFICATION OF THE EDITOR AND THE HOST
The Application is published by PARFUMS CHRISTIAN DIOR, a public limited company established under French law [société anonyme] with a capital of 2,620,860 euros, registered with the Paris Trade and Companies Registry under number B 552 065 187, whose head office is located at 33 Avenue Hoche – 75008 Paris – France, VAT no.: FR 16 552 065 187, whose telephone number is +33 149 538 500 and email address is contact@dior.com (hereinafter PCD).
The Publication Director is Mr. Claude Martinez, CEO of Parfums Christian Dior.
The Application is hosted by Teach On Mars, a simplified joint stock company established under French law [société par actions simplifiée] located at 399 Route des Crêtes – Le Val Crêtes – 06560 Sophia Antipolis, whose telephone number is +33 972 624 689. The My Dior website and application are hosted in the Europe/Ireland area and are based on Amazon Web Services.
II. TERMS OF REGISTRATION AND USE OF THE APPLICATION
2.1 Conditions of registration and participation in the Application
The Application is reserved for PCD staff members and authorized distributors of PCD (hereinafter “Authorized Distributor(s)”) practicing in a PCD point of sale or a point of sale authorized by PCD (hereinafter referred to as “Point(s) of Sale”) as “Beauty Consultants” who have completed all the information requested on the registration page of the “CREATE ACCOUNT” section of the Application and for whom PCD has validated the registration (hereinafter “Member(s)”). Registration is validated by integrating a validation code that is specific to each country. The validation code will be communicated by the DIOR teams to the “Beauty Consultant”. In the event of missing or incorrect information, PCD will not be able to validate the registration to use the Application.
Application registration and use by its Members implies their acceptance of these Terms in their entirety and without reservation. Failure to comply with the Terms will authorize PCD, as of right, to delete the account of the Member concerned and will result in the loss of any benefits granted, if any, through access to the Application, without prejudice to any other rights of PCD against that Member.
PCD reserves the right to cancel all operations carried out in the Application, in particular if it appears that obvious fraud has occurred in any form whatsoever, in particular computer fraud, in the context of participation in any contests and/or actions proposed in the Application. As such, the Members are informed that PCD has implemented the technical means to demonstrate the regularity of participation in such actions (notably by recording the relevant data, such as the information entered by the participants, the date and time of the participation, etc.) in accordance with the provisions relating to the protection of personal data provided in these Terms. Absent manifest error proven by a Member, the data in the PCD information systems have probative value as to the regularity of the Member’s participation.
Any member of the staff of an Authorized Distributor less than 18 years of age must obtain the prior authorization of his/her parent(s) or guardian(s) to be a Member. PCD may require any member of the staff of an Authorized Distributor to provide proof of such authorization and, where appropriate, to refuse or withdraw the membership if that person cannot justify such authorization.
PCD reserves the right to delete the Application and/or any Member account upon prior notification to that Member.
2.2 Application content and methods of operation
Application registration allows the Members to receive news about the brand and/or PCD products, participate in any contests, quizzes, competitions, etc., as well as comment on and like content, where appropriate. Members will earn points as part of their use of the Application (especially by participating in contests), which may be rewarded with gifts (without obligation from PCD) in accordance with the terms specified in the Application.
III. PERSONAL DATA
Personal data means any personal information that Members may provide to PCD as part of their registration and/or use of the Application (in particular via the sections “BECOME A MEMBER” and/or in the context of any message sent in the Application via the “MY PROFILE” section and/or when using the Application) (hereinafter “Personal Data”).
3.1 Nature of the collected Personal Data
In order to access the Application, Members must create an account in the Application, specifying the following mandatory information: username defined by the Member and under which the Member will appear in the Application, password, last name, first name, email and street addresses, telephone number.
Members may also decide to use one of their photos as a profile picture.
3.2 Purpose of processing the Personal Data
The Data collected in the context of the application is intended to enable the Members to:
- Access the Application as well as its content;
- Receive, with his/her consent, communication from PCD or other PCD entities by email, SMS or push notification from the Application;
- Customize his/her account in the Application, namely by adding photos;
- Communicate with the other Members either via private messaging or via a forum, when the option is available;
- Participate in any contests and actions that may be accessible via the Application;
- Identify which Members have participated in a certain training course;
- Compile anonymous statistics on the use of the Application.
3.3 Grounds for processing the personal data
PCD processes the Member’s Personal Data in order to allow the Member to access the Application and use all the services it offers.
In the context of sending communication relating to the Application as well as PCD products, PCD processes the Member’s Personal Data on the basis of his/her consent.
In the context of identifying the training courses in which the Members have participated as well as in the context of compiling statistics on Members’ use of the application, PCD processes the Member’s Personal Data on the basis of its legitimate interest.
3.4 Storage period of the Personal Data
The Personal Data of each Member is kept by PCD for the duration of the validity of his/her account and, in any event, for a period of one year from the last use of the account by the Member.
In the event that a Member is no longer a member of the staff of PCD or the Authorized Distributor, his/her account will be deleted within 30 days of his/her actual departure.
3.5 Identity of the party responsible for processing the Personal Data
PCD is responsible for collecting and processing the Personal Data via the Application.
3.6 Recipient(s) of the Personal Data
The Member’s Personal Data is processed by PCD staff. We ensure that only authorized people within PCD can access your Personal Data when necessary for the purposes of managing the Application and the services it offers.
We may also have to communicate your personal data to:
- Other Parfums Christian Dior entities;
- Subcontractors such as hosting and maintenance providers of the Application;
- Event organizers if PCD organizes events for Members.
3.7 Security and confidentiality of the Personal Data
As the party responsible for processing, PCD implements every appropriate technical and organizational measure to maintain the confidentiality and security of the Personal Data processed and to prevent it from being distorted, damaged, destroyed or accessed by unauthorized third parties.
PCD also ensures that its subcontractors and service providers have all the appropriate technical and organizational measures in the context of processing the Personal Data.
The Members’ Personal Data is stored on servers located within the European Union.
In accordance with the regulations in force, in particular GDPR, the Member has the right to access and rectify his/her Personal Data, as well as request that it be deleted, oppose its processing for legitimate reasons, and obtain its limitation or portability to the extent that this is applicable.
These rights can be exercised directly with PCD by sending an email to dpo_france@diormail.com or by sending a simple letter to Customer Service – Parfums Christian Dior – 33 avenue Hoche – 75008 Paris accompanied by a copy of an identity document.
In the case of a dispute, you can, at any time, make a complaint to the competent supervisory authority (in the United States, the Federal Trade Commission: https://www.privacyshield.gov/)
3.9 Cookies
When using the Application, information relating to a Member’s navigation via his/her device (computer, tablet, smartphone, etc.) may be recorded in “cookies” (alphanumeric identifiers) installed on said device, subject to the choices expressed by the Member concerning said cookies (such choices may be modified at any time) and the parameters of the browser used.
The storage period of the Member’s browsing information provided by “cookies” in the App will not exceed one (1) year.
Without personally identifying the Member, cookies allow PCD to:
- Memorize information relating to a form the Member completed in the Application (registration or access to his/her personal space) or relating to products, services or information the Member has chosen or viewed in the Application;
- Allow the Member to access the application’s reserved and personal spaces, such as his/her personal space, using identifiers or previously communicated data;
- Implement security measures, for example when the Member is asked to log in to a content or service again after a certain period of time.
The Members have several possibilities to manage cookies (any settings thus made by the Member may modify his/her Internet browsing and his/her conditions of access to certain services requiring the use of cookies):
- The Member can configure his/her browser so that cookies are stored on his/her device or, conversely, they are rejected, either systematically or depending on their issuer. The Member can also configure his/her browser so he/she is regularly prompted to accept or refuse cookies before cookies are likely to be stored on his/her device;
- If the Member accepts cookies in his/her browser, cookies embedded in the pages and content he/she has consulted may be stored temporarily in a dedicated space on his/her device. They may only be read by their issuer;
- If, on the contrary, the Member refuses cookies on his/her device or if he/she deletes the cookies that have been saved there, he/she will not be able to benefit from a certain number of features which are nevertheless necessary to the navigation in certain areas of the Application. This will be the case if he/she attempts to access content or services that require the Member be logged in or when PCD or its technical service providers cannot recognize, for technical compatibility purposes, the type of browser used by the Member’s device, its language and display settings, or the country from which the device appears to be connected to the Internet. If this is the case, PCD declines any responsibility as to the consequences related to the degraded operation of the Application and/or their services resulting from the impossibility to save or consult the cookies required for their operation and that the Member may have refused or deleted.
The management of cookies and a Member’s choices is configured differently in each browser and is described in the help menu of the browser in question.
For Internet Explorer™:
http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies,
For Safari™:
https://support.apple.com/kb/PH21411?viewlocale=en_US&locale=en_US
For Chrome™:
https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
For Firefox™:
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
For Opera™:
https://www.opera.com/help/tutorials/security/cookies
4 INTELLECTUAL PROPERTY
PCD is the owner of the domain name and all trademarks and/or logos represented in the Application. The Application and each of its elements are the exclusive property of PCD and/or PCD has obtained the authorization to use these elements in the Application.
The Application as a whole, as well as the elements contained therein (namely the texts, structure, software, animations, photos, videos, illustrations, diagrams, graphic representations, logos, etc.), constitute intellectual works protected by Articles L. 111-1 et seq. of the French Intellectual Property Code.
Only PCD is entitled to use these elements and all intellectual property rights as well as the related personality rights, brands, models, intellectual works, software, databases, interpretations, images of people as the original owner or as the result of a license or express authorization. Any reproduction or representation, in whole or in part, of the Application or any of its constituent elements is prohibited, as is their alteration. Without the prior written permission of PCD, any use of these elements for purposes other than that of individual and private consultation is prohibited. The violation of the rights of PCD exposes the author of the violation to the sanctions provided by both the French Intellectual Property Code for, inter alia, infringement of copyright (Article L. 335-1 et seq.) as well as French Trademark Law (Article L. 716-1 et seq.) and engages his/her civil liability.
The creation of any hyperlinks to any web pages or elements contained in the Application is prohibited, except with the prior written consent of PCD, whereby such authorization may be revoked at any time. All websites with a hyperlink to the Application or to which the Application redirects the user, or any of the elements contained therein, are not under the control of PCD, which therefore declines any responsibility (including editorial) concerning access to these websites and their content.
5 LIABILITY
PCD reserves the right to stop and discontinue the Application at any time and/or to shorten, extend, postpone or modify the training program provided by the Application without incurring any liability in this regard.
PCD cannot be held responsible for any malfunction of the Internet network, any technical fault or any problem relating in particular to network congestion that prevents, degrades or interrupts use of the Application (in particular, but not limited to, external malicious acts). In addition, PCD cannot be held responsible for errors (including display errors in the Application, the sending of erroneous emails to Members), lack of availability of information and/or the presence of viruses, data transmission delays, problems with a computer, phone, smartphone, modem, telephone line used by the Member, servers, Internet service providers, telephone operators, computer equipment, software, the loss of any emails and, more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical failure, any damage to a Member’s computer, any technical, hardware or software failure of any kind that prevented or limited the Member’s ability to participate in the Application or damaged a Member’s system. It is the responsibility of each and every Member to take all appropriate measures to protect his/her own data and/or software stored on his/her IT and telephone device against any infringement. Each Member’s connection to and participation in the Application is his/her sole responsibility.
Each Member guarantees the veracity and completeness of the information he/she communicates in the Application. Members undertake not to post any infringing, degrading, illegal and/or pornographic content in the Application.
PCD reserves the right not to award gifts (as applicable) if fraud is established. If there is any delay, strike or disruption to the delivery and transportation of the gifts (as applicable) or they are lost, PCD will not be liable for the consequences. Any complaints must be formulated by the Members directly to the companies that provided the delivery and transport of the gifts.
6 MODIFICATIONS TO THE TERMS
These Terms are available at any time in the Application and can be consulted by any user of the Application. It is the responsibility of the users of the Application to read and consult them regularly. PCD reserves the right, at any time and without notice, to modify the Terms without incurring any liability in this respect; any user who continues to use the Application implicitly accepts the latest version of the Terms in force.
7 DISPUTES
These Terms and the use of the Application are subject to French law. Any dispute relating to these Terms will be submitted to the exclusive jurisdiction of the competent courts of the jurisdiction of the Court of Appeal of Paris.
Last updated [01/31/2019]