TERMS OF USE OF THE APPLICATION
MY HAIR [ID]
Effective as of 28/02/2024
Welcome on this application My Hair [iD] dedicated to a virtual try-on makeover tool for the general public (hereinafter “hair lover”) and a professional hair diagnosis tool dedicated to hair professionals (hereinafter “hair pros”) powered by L’Oréal Professionnel Paris (hereinafter the "Application").
Please read carefully these Terms of Use which govern the use of this Application (hereinafter the “Terms of Use”). By using this Application, you agree to these Terms of Use without reserve.
For any request relating to your use of the Application, you may contact Us at the following address: Gateway Central, 187 Wood Lane, London, W12 7SA.
LEGAL NOTICE
Contact: E-mail: [email protected] - Telephone Number: 0800 030 4034 (UK) or 1800 535 616 (Ireland)
Director of Publication: Mark Chesson
Publisher: L’Oréal (U.K.) Limited, L’Oréal (U.K.) Limited, registered in England with company number 271555 and its registered offices at Gateway Central, 187 Wood Lane, London W12 7SA, acting in the name an in behalf of its brand L’Oréal Professionnel Paris (hereinafter the "Publisher" or "We" or “Us”).
Hosted by: NUMBERLY, a société par actions simplifiée company, with capital of EUR 1 530 406 having its registered offices at 28 rue de Châteaudun 75009 Paris registered with the Paris Registry of Trade and Companies under number 908 030 018.
1. ACCESS TO THE APPLICATION
a. Who can use it?
To access and use the “hair lover” part of the Application you need to be at least 16 years old. If you are under 16, your parents’ prior authorization shall be required.
To access and use the “hair pro” part of the Application you need to be a professional working in the hair and beauty industry.
b. How to download and access it?
The Application shall be delivered solely via electronic download from Apple Store or Android Store (hereinafter the "Platform"). You may download from the Platform (i) a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platform.
You may freely download and use the Application, without being required to sign in or create an account.
Access to certain sections of the Application thereof may require the use of PIN codes. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Application and/or certain section thereof may be limited in order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access.
c. On what device?
The installation and use of the Application require a compatible device with an Internet connection.
The following operating systems are compatible: iOS 12.0 and later / Android 5.0.
You shall bear exclusive liability for any operation related to the required device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the Application.
Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet. We shall bear no liability for any network or roaming costs in connection with the Application updates.
d. At what price?
We hereby grant you a free license to use the Application.
You shall bear any further expenses for accessing and using the Internet.
Although We endeavor to keep the Application accessible at all times, We cannot guarantee said access to you under all circumstances (maintenance, update, force majeure event or other reason beyond our control).
2. USE
a. License
The Application is hereby licensed, not sold, to you.
As of the effective date of these Terms of Use, subject to compliance with the terms hereof, We hereby grant you on a non-exclusive, revocable and non-transferable license to use the Application, during the period of use of the Application, exclusively for Professional use Regarding the Hair Pro tools and Personal Use for the Hair Lover Tool. The territory for which the Application user license is hereby granted shall be the world.
The Application user shall procure compliance with these Terms of Use by anyone acting in your name or on your behalf.
b. Applicable requirements
In connection with your use of the Application, you hereby agree not to:
(a) Duplicate, copy or use the Application for any purposes other than as expressly authorized under these Terms of Use;
(b) Attempt (or encourage or support others’ attempts) to reverse engineer, disassemble or decompile the Application, except for purposes of interoperability, as defined by law;
(c) Adapt, correct, update or alter the Application in any way;
(d) Create any derivative work based on all or any part of the Application;
(e) Disclose or publish the results of performance tests on the Application without our prior written consent;
(f) lease or sublicense the Application to any third party;
(g) Mask, remove or alter any notice or reference to our proprietary rights;
(h) Correct any error, anomaly, bug or other malfunction or failure affecting the Application;
(i) Download the Application if you are in a country We have expressly excluded;
(j) Use the Application and/or publish any contents via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s). You may publish advertising or promotional contents for any products and/or services competing with the L’Oréal group trademarks after obtaining the prior express consent of the relevant right holders. Without prejudice to the foregoing provisions, you shall bear sole liability for all such contents as you may publish via the Application.
3. VIRTUAL-TRY-ON FEATURE
This Application may provide you with a make-up or hair-color try-on feature. You can choose the live service (using your device webcam) or an existing picture (uploaded from your device).
The result of the experience (picture with make-up or hair-color) can be downloaded on your device and you may have the option to share it on social platforms. You are free not to use this service.
Pictures are not stored by Us, unless you use the sharing on social platforms, in such case, the picture will be stored during 49 hours. The picture is deleted automatically after such period.
If you share the result of the experience outside of the virtual-try-on feature (through native features available in your device) We are not involved in such sharing (no personal data processing by Us).
4. INTELLECTUAL PROPERTY
a. Intellectual property rights
Developing this Application involved significant investments. The Application and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Application (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.
We may make available to you via this Application contents that you are authorized to download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Application shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.
In the event that We make an Application available to you which enables you to edit a picture (especially in order to virtually test a cosmetic), you hereby acknowledge and agree that such Application shall be only for your own private use in compliance with its intended purpose. You shall not be authorized to make any such use of this Application as may be detrimental to the honor, repute or rights of any third parties as described below.
b. Third-party rights
We hereby remind you that you shall secure all the necessary authorizations and rights from any relevant rightsholders in connection with any content you may wish to post via the Application, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents. For example, you shall secure the rights in and to any contents (especially photographs) showing recent architectural items, advertising designs or apparel designs that might appear (acronyms, logos, etc.).
c. User Contents
We may make available via this Application a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").
By posting User Content via the Application, you hereby grant Us a royalty-free, irrevocable, non-exclusive, worldwide and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties (including any subsequent suppletive or amending regulations) license to reproduce, display, use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute such User Content (in whole or in part).
Said use shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of L’ORÉAL Group or its affiliates, its products and/or its brands, particularly on the following media:
· Posting in all format, in unlimited quantity,
· The written press, unlimited number of publications,
· Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands...; B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;
· Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube or Dailymotion),
· Unlimited number of inserts and broadcasts, via any advertising media (including by way of advertising at retail outlets and on the L’ORÉAL Group brand products (hereinafter the “Media”).
You are hereby informed that said social networks are platforms owned by third-parties and, accordingly, the circulation and use of User Content via said social networks shall be governed by thee terms of use defined by said third parties. Therefore We shall not be held responsible for any use of the content by Us or any third parties in accordance with the terms of use defined by the social networks, including without limitation, in terms of the scope and duration of licensed rights, and removal of Content. You shall be responsible for handling any third-party claims relating to the use of the Content in accordance with the terms of use defined by the social networks.
In addition, We hereby remind you that any Content may be referenced on a search engine and therefore to be accessed by an audience outside the Application.
This authorization gives Us the possibility to adapt your Content as initially fixed and/or make any such clarification to the User Content as We may consider useful, provided that the User Content shall not alter your image or words.
Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.
Any such User Content as you may publish via this Application shall be chosen by you and under your sole liability. However, We would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, We reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the Code of Conduct.
In addition, if you access User Content created by another user, you shall be required to comply with said user’s rights and you shall, in particular, not reproduce or disseminate said Content published via other media without the relevant user’s prior consent.
5. CODE OF CONDUCT
We support the values of tolerance and respect of others.
For this reason, by using this Application, you agree not to:
· Publish or provide any personal data that may be considered ‘sensitive’:
- personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs;
- trade-union membership;
- genetic data, biometric data processed solely to identify a human being;
- health-related data;
- data concerning a person’s sex life or sexual orientation;
· Convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
· Disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
· Use the Application for political, propaganda or proselytizing purposes;
· Publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Application;
· Divert the Application from its intended purpose, including by using it as a dating service;
· Disseminate any information that may directly or indirectly allow the nominal and specific identification of an individual without prior and express consent, such as their last name, postal address, email address, telephone number;
· Disseminate any information or content that may be upsetting for the youngest;
· Intimidate or harass others;
· Conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
· Disseminate content (including photographs and videos) portraying minors.
If you become aware of any such User Content as may condone crimes against humanity, incite racial hatred and/or violence, or relate to child pornography, you shall immediately notify Us at the following email: [email protected], or by sending a detailed letter to the following address: Gateway Central, 187 Wood Lane, London, W12 7SA, specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the disputed content and the user ID of the author thereof.
If you consider that any User Content is in breach of the principles listed above, of your rights or any third party’s rights (e.g., any infringement, insult, breach of privacy), you may send a notice to the email: [email protected] or by sending a detailed letter to the following address: Gateway Central, 187 Wood Lane, London, W12 7SA specifying in your email/letter the date on which you discovered said content, your identity, the URL, description of the reported content and the user ID of the author thereof.
Said notice shall contain:
- the date of the notice;
- if the sender is an individual: last name, first and middle names, occupation, address, nationality, date and place of birth;
- the addressee’s name and address or, if a legal entity, its corporate name and registered offices;
- a description and specific location of the reported facts (e.g., URL link to the reported content;
- the reasons why such content should be removed, including an indication of the legal provisions and qualification (justifications) applicable to the facts;
- a copy of any correspondence sent to the author or publisher of the reported information or activities requesting their interruption, removal or alteration, or justification that the author or publisher could not be reached.
Any incomplete notice may not be considered.
6. INFORMATION CONTAINED ON THE APPLICATION
a. General provisions
Furthermore, We hereby remind you that inaccuracies and omissions may appear in the information available on this Application, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Application as soon as possible.
b. Information on the products and services
The products and services presented to you on this Application are not offered for sale but a general presentation of the range of the products and services that We distribute in the country where this Application is available.
c. Advice and beauty profile
The advice provided on this Application and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice.
The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment.
Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof.
For any further information or in the event of doubt, We recommend that you consult your physician.
d. Hypertext links
The hypertext links included on the Application may lead you to websites published by third parties and the content of which We do cannot control. Accordingly, to the extent that said hypertext links were included on this Application for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.
7. PERSONAL DATA
We may collect personal data related to you, particularly when you: (i) subscribe for a service; (ii) download Downloadable Content; (iii) sign in; (iv) apply for a game/competition; (v) send Us an e-mail; (v) respond to a poll or study.
For any further information on the processing of your personal data, please look up our privacy policy here.
8. COOKIES
Cookies are small files that are left on your device while you browse the Application (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Application (hereinafter “Cookies”).
For further information on the use of cookies, please consult our cookie table here.
9. AMENDMENT TO THE APPLICATION AND THE TERMS OF USE
We may amend the contents and information included on the Application as well these Terms of Use, particularly for purposes of compliance with any new applicable legislation and/or regulations and/or to improve the Application.
Any amendment shall be notified to you via the Application before becoming effective under these Terms of Use. Unless the amendment requires your express approval, your continued use of the Application shall be deemed as your acceptance of the new Terms of Use.
10. CREDITS
The Application was developed for the Publisher by Numberly, a société par actions simplifiée company, with capital of EUR 1 530 406 having its registered offices at 28 rue de Châteaudun 75009 Paris registered with the Paris Registry of Trade and Companies under number 908 030 018.
11. DISCLAIMER
We shall use our best efforts to maintain access to the Application and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Application. Indeed, we may be required to momentarily suspend access to all or part of the Application, particularly for technical maintenance purposes.
It is hereby further specified that the Internet and IT or telecommunication networks are not error-free and that interruptions and failures can occur. We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks, including, without limitation:
- Poor transmission and/or reception of any data and/or information via the Internet;
- Any external intrusions or computer viruses;
- Any defaulting reception equipment or communication networks; and
- Any such Internet malfunctions as may hinder the proper operation of the Application.
Lastly, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.
12. GOVERNING LAW AND DISPUTES
These Terms of Use shall be governed by the laws of the United Kingdom
For any issue, please contact our Customer Service:
Gateway Central, 187 Wood Lane, London, W12 7SA
0800 030 4034 (UK) or 1800 535 616 (Ireland)
Our Customer Care Team is available Monday to Saturday 8am-8pm, and Sunday 8am-3pm. Calls will be charged at your standard network rate.
Pursuant to applicable rules governing mediation, any consumer dispute shall be primarily submitted in writing to Customer Service at the following address:
Gateway Central, 187 Wood Lane, London, W12 7SA.
If the dispute cannot be resolved through said mediation process, it shall be referred to the English courts.