LEGAL NOTICE
CONFIDENTIALITY CHARTER
LEGAL NOTICE
Laboratoires Expanscience, a company limited by shares with a board of directors (“société anonyme à conseil d’administration”) organized and existing under the laws of France, with a share capital of 3.081.420 €, having its registered office at 1 Place des Saisons – 92048 Paris La Défense Cedex (France), registered within the trade and company register of Nanterre under the number 331 930 081 and identified with the individual European VAT number FR 89 331 930 081 (hereinafter “Company”), is the editor of the website http://www.mustela.com and its local extensions or for mobile phones (hereinafter “Website”).
Mr. Jeff Kwok, in his capacity as Managing Director of Techtree Limited of Hong Kong, is the Publication Director of this Website.
This Website is hosted by the company PEER1 Hosting : Space Park, Bat D – BP1200, 45 Allée des Ormes, 06254 MOUGINS Cedex, France – Tel : 0 805 210 280 – Fax : 04 92 287 260 – http://www.peer1.fr
If you encounter any kind of problem while visiting our Website, or for any queries about the Website itself, please contact us at the following address: Laboratoires Expanscience – 1 Place des Saisons – 92048 Paris La Défense Cedex (France) – Tel: 33.1.43.34.60.00 – Fax: 33.1.43.34.61.00 – [email protected].
TERMS OF USE
I. SCOPE
Access to this Website, as well as the use of its content, is made under these Terms of Use. Accessing and browsing this Website constitutes your unqualified acceptance of these Terms of Use.
II. TERRITORIALITY
The information on this Website is for use by residents in France. Other countries may have access to this Website, whose rules may be different from the French legislation. This Website may not be appropriate or consistent with the regulations outside of France.
THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN IS NOT INTENDED OR APPROVED FOR USE IN THE UNITED STATES, OR BY U.S. CITIZENS OR U.S. RESIDENTS. IF YOU ARE A U.S. CITIZEN OR RESIDENT, PLEASE CONSULT OUR WEBSITE WWW.MUSTELAUSA.COM.
III. PERSONAL DATA
To view and visit this Website, you do not have to communicate personal data.
However, for the purposes of the services offered on the Website, our company may collect your personal data via the section “Registration/My account”, “Contact Mustela” or when you subscribe to the “Club Mustela” or to the electronic Newsletter published by the Company or in the “Consumer Service” section.
When you supply your personal data, you undertake to provide exact information which does not harm the interests or rights of any third party. The information requested by our Company is compulsory, unless the form in question limits the information necessary to those fields marked with an asterisk, and in the event that you omit to answer any of the questions or refuse to communicate any of the information, our Company will be unable to send you the Newsletter or to grant you access to the “Club Mustela” or to the section “Registration/My account” or reply to your messages to the “Consumer Service”. If you no longer wish to receive the Newsletter, you may inform our Company either by clicking on the hypertext link “unsubscribe” which is given in each edition of the Newsletter or by clicking on the hypertext link “I wish to unsubscribe from the Newsletter” on the page “Contact Mustela”.
Our Company is liable for the way the personal data is handled and is the sole recipient of such personal data, along with the companies, subsidiaries or sub-subsidiaries in France or abroad (including outside the European Union) of the Expanscience Group and, where appropriate, the subcontractors and partners which participate in the services offered on the Website (including the sending of the newsletter and the studies conducted with members of the Club). Our Company undertakes to ensure your personal data remain confidential. In accordance with Law No. 78-17 of 6th January 1978 related to “computer, data and civil rights” (“relative à l’informatique, aux fichiers et aux libertés”), this Website has been declared to the CNIL (French data protection authority) (receipt No. 1273432) and you have the right to access, modify, correct or delete the personal data we hold. To exercise this right, you may contact:
Techtree Limited, Rm. 133, 5/F, Tower 2, The Quayside, 77 Hoi Bun Road, Kwun Tong, Hong Kong. – Tel: (852)25498328– Fax: (852)25177777– [email protected].
IV. COOKIES/SHARED OBJECTS
We implant no cookie on your computer or mobile phone when you use this Website.
However, we offer a service to ease the use of this Website by recording information about your computer\’s browsing on our Website (in particular your parameters for connecting to the “Club Mustela”) that we can read during your subsequent visits. To benefit from this service, you simply need to tick the box “remember me” on the page “Registration/My Profile”.
This information will be stored in your computer throughout the duration of your membership to the “Club Mustela” if you ticked the box “remember me”.
In order to cancel the service, you simply need to untick the box “remember me” and all the information related to you browsing will be immediately deleted.
V. NATURE AND SCOPE OF INFORMATION PUBLISHED ON THIS SITE
This Website may give access to opinions expressed by experts in a particular area in connection with the contents of this Website or published in excerpts from newspaper articles. Such opinions are those of the expert consulted or the author of the newspaper article and do not necessarily reflect the opinion of the Company.
This Website may also contain information on health, fitness, a medical area or treatment intended exclusively for human use. This information does not constitute medical advice and is posted on the Website for informational purposes only.
You must not use this information to make a medical diagnosis on an illness or physical problem or to prescribe or use drugs. You must consult your doctor or pharmacist who are professionals and are only authorized to provide advice tailored to your particular situation.
Hence, you acknowledge that no liability can be derived for our Company from the information and services offered on this Website and you agree that such information and services are used under your sole responsibility, control and direction.
Finally, the information provided on this Website may contain direct or indirect references to products, programs and services of our Company that are not offered or available in some countries or regions, that can be offered under a different brand name and that are subject to different regulations and conditions of use in the various countries. Such references do not imply the intention of the Company to sell such products, programs or services in your country. Please contact us for any information regarding the products, programs and services available in your country.
VI. FORECASTS AND STATEMENTS OF INTENT
Statements about the future may appear on this Website, which are made according to our knowledge and belief. However, the results actually achieved by our Company may differ from these statements, since they depend on a combination of factors such as macroeconomic and competitive, which are not controlled by our Company. Without prejudice to any legal requirements relating to the modification of these statements, our Company does not undertake a regular update of all statements contained on this Website.
VII. INTELLECTUAL PROPERTY RIGHTS
Our Company owns the domain name http://www.mustela.com and its local extensions or for mobile phones. This Website is a work protected by intellectual property rights. This Website as a whole and each of its items (such as text, directory, software, animation, images, photographs, illustrations, diagrams, logos, sounds, music, bonus and downloadable goodies from the “Mustela Club”, etc.) are, unless otherwise specified, the exclusive property of our Company which is solely entitled to use the intellectual property rights relating thereto.
Hence, pursuant to the provisions of the French Intellectual Property Code, the laws and regulations of all countries and the international conventions, the use of all or part of this Website, including by downloading, reproduction, transmission, representation or diffusion, to purposes other than for your personal, private non-commercial purposes is strictly prohibited. Violation of these provisions subject you to penalties defined in the French Intellectual Property Code and the French Criminal Code (e.g.: provisions on copyright and trademark infringement), as well as the French Civil Code (e.g.: provisions on civil liability).
Trademarks, domain names, and designs that appear on the Website are the exclusive property of our Company, unless otherwise specified. Any reproduction, use or alteration of these trademarks, domain names and designs, in any manner and for any purpose whatsoever, are prohibited.
Our Company is free to change at any time and without notice, the contents of the Website.
VIII. PHOTO CREDITS
Getty – Hisayoshi Osawa, LWA, Image Source Black, Tetra Images, George Doyle, Digital Vision, Andrew Olney, Frederic Cirou, Stella, Caroline Warren, LWA/Dann Tardif, Marcy Maloy, Frederic Cirou, Flying Colours, Experienced Skins, Andrew Olney, Glowimages, Nick White, Jose Luis Pelaez, Inc, IMAGEMORE Co., Ltd., Peter Augustin, OJO Images, Marc Debnam, Chris Ryan, PhotoAlto/Ale Ventura, Frederic Cirou, Elyse Lewin, Plush Studios, ICHIRO, George Doyle, Marcy Maloy, flashfilm, Stockbyte, Ned Frisk, Rich Legg, Glowimages, Jamie Grill, Image Source, Jessica Peterson, Gen Nishino
Corbis – John Lund/Drew Kelly/Blend Images, Brooke Fasani, Eric Cahan, Larry Williams, Tom Grill, Christina Kennedy, Vladimir Godnik, ImageShop, Tetra Images, Jamie Grill, image100, Ned Frisk Photography, ImageShop
Fotolia – Memo
Istock – Kati Neudert, Boguslaw Mazur, Paul Maguire, Leigh Schindler, Pascal Genest, Pedro Nogueira, Jacob Wackerhausen
Graphic Obsession – Société ICONOTEC
Fotosearch – Brand X Pictures
Jean-Pierre Lagiewski
IX. WARRANTIES AND LIABILITY
Our Company strives to ensure that the information accessible through the Website is accurate and updated. However, our Company does not in any way guarantee that such information is accurate, complete and current. Our Company makes no warranty, express or implied, concerning all or part of the Website. In particular, the information provided on this Website for whatever purpose can under no circumstances be considered as a medical advice. As a result, consulting this Website exempts you in no way from seeking the advice or assistance of a healthcare professional (physician, paediatrician, pharmacist, etc.).
Under no circumstances shall our Company be liable for any direct or indirect damage, irrespective of the cause, origin, nature and consequence, arising from the consultation or use of the Website. In particular, our Company shall not accept any liability in the event of an interruption to or inaccessibility of the Website, the occurrence of computer bugs or any damage resulting from the fraudulent acts of any third party (such as intrusion) using the Website.
Our Company implements measures aimed at ensuring the security of files including personal data collected on the Website. Our Company does not control the risks associated with the operation of the Internet and draw your attention to the existence of potential risks concerning confidentiality of information transmitted via this network.
X. HYPERLINKS
The pages of this Website may contain hyperlinks to other websites operated by third parties. Our links to the websites of third parties are merely intended to facilitate browsing. Our Company has no control over the current or future contents of third-parties’ websites to which lead the hyperlinks of this Website. Our Company merely refers to these websites of third parties, but does not associate in any way for their contents.
Therefore, our Company accepts no liability (especially as publisher) on access and/or content of websites of third parties. In particular, the Company assumes no liability for any infringement of copyright, trademarks or other intellectual property rights that may result from access to a page by a hyperlink. Liability arising from any unlawful, improper or incomplete content on a third-party’s website, and in particular for any damage caused by the use or non-use of such content, is solely borne by the publisher of said website.
The creation of hypertext links to the Website, other than its home page, cannot be made without the prior written and express authorization of our Company, which authorization may be revoked at any time and without compensation. In any case, the pages of this Website shall not find embedded within the pages of another website. In all cases, a pop-up message shall inform the visitor that he is leaving the third-party’s website.
XI. MODIFICATION OF THESE TERMS OF USE
Our Company informs you that these Terms of Use may be modified at any time without notice. These changes are published online and are deemed accepted without reservation when you access the Website after they are posted online. We recommend that you regularly consult this section.
XII. DISPUTES
These Terms of Use comply with the French law, including the provisions of Law No. 2004-575 of 21st June 2004 related to “trust in the digital economy” (“pour la confiance dans l\’conomie numérique”) and Law No. 78-17 of 6th January 1978 related to “computer, data and civil rights” (“relative à l’informatique, aux fichiers et aux libertés”).
French courts are territorially competent for all litigation related to the Website.
CONFIDENTIALITY CHARTER
Personal data
The policy on personal data set up by the Laboratoires Expanscience can be accessed from each page on the Mustela sites (www.mustela.com, www.mustela.fr, www.mustela.it, www.mustela.pt, www.mustela.com.mx hereinafter “the Website”) by clicking on the link Legal information at the bottom of the page.
General Information
Laboratoires Expanscience protects the privacy of their Internet users in compliance with the laws in force. Hence, Laboratoires Expanscience has declared to the CNIL (French data protection and privacy organisation) that it collects and processes your personal data (declaration No1273432).
This document gives details of the way in which Laboratoires Expanscience uses your personal data and informs you of the steps taken by Laboratoires Expanscience to ensure that your personal data is protected when using the Website in accordance with the provisions of the “Loi Informatique et Libertés” (French Data Protection and Privacy Act) of 6 January 1978 (amended on 6 August 2004) (hereafter “Data Protection and Privacy Act”).
Data collection
Laboratoires Expanscience is likely to collect your personal data, particularly through the sections “the Club”, “Contact Mustela” or when subscribing to the electronic Newsletter proposed by Laboratoires Expanscience.
“Personal data” refers to information concerning you as a natural person that you have voluntarily given when filling in a form on the Website, or that Laboratoires Expanscience collects while you are surfing and which, whatever the nature may be, enables them to identify you, directly or otherwise (you only have to be simply identifiable). The personal data groups all the nominative data (such as your names, details and photographs that you provide) and the electronic identification data available on, or from, your computer (such as “shared objects” or “IP addresses”). We would inform you that the electronic identification data allow your connection terminal to be identified or the pages consulted on the Website during your Internet use and are generally insufficient in themselves to identify you by name.
Laboratoires Expanscience collects your personal data when you surf through the pages on the Website, when you join “the Club” and use certain services or when you take part in tests or other events organised by Laboratoires Expanscience.
When you voluntarily provide your personal data, particularly when multimedia contents are concerned (photographs, videos, etc.), you undertake to provide accurate information and which does not prejudice the interests or the rights of third parties.
Use of the data
The information you provide on the Website enables Laboratoires Expanscience to:
Deal with your questions or requests for information when a request is made within the section “Contact Mustela”,
And whenever possible, depending on the website:
To create your account in the section “The Club”,
Subject to your agreement, to send you advertising messages or commercial prospecting material,
In the event, to send you Mustela products or free samples subject to the reserves stipulated in the General Terms and Conditions for membership of “the Club Mustela”,
To send you the Newsletter to which you have subscribed,
To deal with your questions or requests for information within “the Club”.
The information essential to Laboratoires Expanscience to fulfil the aforementioned tasks are shown with an asterisk on the various pages on the Website. Any other information is optional and enables us get to know you better and to improve our communications and services for you.
Data sharing and disclosure
Laboratoires Expanscience and/or any company, subsidiary or sub-subsidiary established in France or abroad, within the Expanscience Group, shall be the sole recipients of the data collected.
Laboratoires Expansciences shall only pass your personal data to a third party:
When you have given your prior agreement to this information being shared (e.g., for a special promotional event);
When we need to share this information with our distributors, service providers and particularly our technical service providers to give you the service you have requested (e.g., sending you products for testing);
When we receive a request from a judicial authority, or any administrative authority authorised by law, asking for this information in accordance with the legal provisions in force.
Data retention
Your nominative data shall be retained for the time your account is in use, increased either by five years from your last Internet use or the use of your account, or 90 days from your request to have your account cancelled to prevent any possible illicit behaviour after the cancellation of your account (re-use of your former account by a third party).
Your electronic identification data shall be retained for a period of two years from their collection.
Right of access, modification, rectification and elimination
You have a general right of access, modification, rectification and elimination of the data concerning you.
You can exercise this right directly in the section “Registration/My profile” on the Website, which enables you to view and modify the content of your account and the options you have selected. At any time, you can modify your details, accept or refuse to receive information of a commercial nature from Laboratoires Expanscience by e-mail or by post, to modify your password, as well as your family profile (…).
If you are unable to modify your information by means of the foregoing procedure, you can then send your request for modification by post to the Mustela Customer Service, Laboratoires Expanscience, 1 Place des Saisons – 92048 Paris La Défense Cedex. So that we can satisfy this request, you should send us all the elements required to identify you as the account holder (e-mail address, password, date of birth, country, address and postal code), together with a photocopy of your means of identification.
You can ask for your membership of “the Club” to be cancelled on the account cancellation page provided for this purpose in the section “Contact Mustela”, by clicking on “I would like to cancel my membership of the Club”. This request for cancellation needs the password associated with your account to be entered. You can also resign from the “The Club” by writing to the Mustela Customer Service, Laboratoires Expanscience, 1 Place des Saisons – 92048 Paris La Défense Cedex.
Newsletter
The Website proposes a free service called “Newsletter” or “Information letter” to Internet users to which you can subscribe. As a member of “the Club”, you will automatically benefit from this service. This Newsletter particularly contains information on the range of Laboratoires Expanscience products, new products, consumers\’ testimonies on the use of Mustela products or again press articles likely to be of interest to you.
Laboratoires Expanscience propose to Internet users who do not wish to continue to receive the Newsletter to cancel their subscription:
Either by a simple click on the link at the bottom of the Newsletter: “If you do not wish to continue to receive the Newsletter, click here. Warning, these requests are only taken into account if you receive a message of confirmation”. This request is taken into account instantaneously by a robot and is confirmed by a HTML page repeating the cancelled address. If this page does not appear, it is possible that the request has not been taken into account. You are then invited to go to the page “Contact Mustela” as given below.
Or by writing to the following address: Mustela Customer Service, Laboratoires Expanscience, 1 Place des Saisons – 92048 Paris La Défense Cedex (the postal costs can be reimbursed by simply requesting it in writing).
Cookies/ Shared Objects
Laboratoires Expanscience do not record any cookies on your computer. On the other hand, they offer a system making your browsing of the website easier by recording your site browsing information, in particular your parameters for connecting to the “Club Mustela”, which Laboratoires Expanscience will be able to read for later visits. To benefit from the system, you simply need to tick the box “remember me” on page “Registration/My profile”. This information will be kept on your computer throughout the duration of your membership of the “Club Mustela” if you ticked the box “remember me”. In order to cancel the service, you simply need to untick the box “remember me”, and all of the information relative to your browsing will be immediately deleted.
Security measures
Laboratoires Expanscience makes every effort to protect your personal data against damage, loss, pirating, intrusion, disclosure, alteration or destruction.
The computer systems used by Laboratoires Expanscience are equipped with a software protection mechanism. Physical and electronic procedures for backing up the data collected on the Website have been implemented, in accordance with French legislation in force on the protection of personal data.
For security purposes, the information on your profile in “the Club” is protected by a personal e-mail and password. In the event that you lose your password, you can ask for it to be sent to the e-mail box associated with your account by going to the section “Registration/My profile”.
Employees of Laboratoires Expanscience who, through their position, would have access to your personal data, undertake to abide by the strictly confidentiality in this regard.
Nevertheless, Laboratoires Expanscience has no control over the risks relating to the functioning of the Internet and would draw your attention to the existence of possible risks in terms of one-off losses of data or an undermining of the confidentiality of the data passing through this network. The information proposed on the Website may be interrupted for cases of force majeure or those outside the control of Laboratoires Expanscience or events which are not attributable to Laboratoires Expanscience.
Updating the Confidentiality Charter
Laboratoires Expanscience may modify the Confidentiality Charter. If Laboratoires Expanscience wishes to use your personal data in a different way from that stipulated in the Confidentiality Charter in force at the time of collection, these modifications shall be reported visibly on the Website.
Questions
For any questions with regard to the Confidentiality Charter, or the way in which Laboratoires Expanscience carries out the collection and use of your data, you can send an e-mail to the following address : [email protected] or by post to the Mustela Customer Service, Laboratoires Expanscience, 1 Place des Saisons – 92048 Paris La Défense Cedex.