Legal notices

Legal notices

Publisher

Klorane Botanical Foundation 
Corporate foundation 
Headquartered at 15, rue Théron Périé 81106 CASTRES Cedex – France
Phone: 33 (0)5 63 58 88 00


Publishing Manager

Klorane Botanical Foundation 
Corporate foundation 
Headquartered at 15, rue Théron Périé 81106 CASTRES Cedex – France
Phone: 33 (0)5 63 58 88 00

Funding

PIERRE FABRE DERMO-COSMETIQUE – French Limited Liability Company with a Board of Directors and a Supervisory Board (Société Anonyme à Directoire et Conseil de Surveillance) - Capital: €22,987,907.85 - Headquarters: 45, Place Abel Gance - 92100 BOULOGNE - RCS NANTERRE 319.137.576 (hereafter "PFDC"). 
The website https://www.kloranebotanical.foundation/ is funded by the SAS PIERRE FABRE DERMO-COSMETIQUE, a company that operates in the pharmaceutical industry sector and whose revenue is generated from the services it offers and the products it sells. 
The Website does not display advertisements and neither accepts nor receives advertising funds. 


Webmaster

kbf@pierre-fabre.com
Hosting Company
Société CIS VALLEY
A French Simplified Public Limited Company (Société Anonyme Simplifiée) with capital of 2,500,000 Euros, registered with the Trade and Companies Register of BORDEAUX under number B 410 100 747, headquartered at Chemin de l’Hermite BP 70081 - 33523 BRUGES

General Terms and Conditions of the Klorane Botanical Foundation Website

Publisher

Klorane Botanical Foundation 
Corporate foundation 
Headquartered at 15, rue Théron Périé 81106 CASTRES Cedex – France
Phone: 33 (0)5 63 58 88 00


Publishing Manager

Klorane Botanical Foundation 
Corporate foundation 
Headquartered at 15, rue Théron Périé 81106 CASTRES Cedex – France
Phone: 33 (0)5 63 58 88 00

Funding

PIERRE FABRE DERMO-COSMETIQUE – French Limited Liability Company with a Board of Directors and a Supervisory Board (Société Anonyme à Directoire et Conseil de Surveillance) - Capital: €22,987,907.85 - Headquarters: 45, Place Abel Gance - 92100 BOULOGNE - RCS NANTERRE 319.137.576 (hereafter "PFDC"). 
The website https://www.kloranebotanical.foundation/ is funded by the SAS PIERRE FABRE DERMO-COSMETIQUE, a company that operates in the business sector of the pharmaceutical industry and whose revenue is generated from the services it offers and the products it sells. 
The Website does not display advertisements and neither accepts nor receives advertising funds. 


Webmaster

kbf@pierre-fabre.com
Hosting Company
Société CIS VALLEY
A French Simplified Joint-Stock Company (Société Anonyme Simplifiée) with capital of 2,500,000 Euros, registered with the Trade and Companies Register of BORDEAUX under number B 410 100 747, headquartered at Chemin de l’Hermite BP 70081 - 33523 BRUGES


Object of the General Terms and Conditions

These General Terms and Conditions of Use (hereafter the "GTCU") define the terms of use of the "Klorane Botanical Foundation" website accessible via the address www.kloranebotanical.foundation (hereafter referred to as the "Website"), which is the exclusive property of the Foundation, Klorane Botanical Foundation (hereafter "Klorane Botanical Foundation"), which users (hereafter "Users") automatically accept by consulting the website. If Users do not accept these Terms, Klorane Botanical Foundation asks that they leave the Website. 
If you are a minor, you agree to only consult the Website in the presence of a parent or guardian who has accepted these Terms. If you are under sixteen (16) years of age, you declare that you have received the authorization of your parents or legal representatives to share your personal data with Klorane Botanical Foundation in order to access the Website or receive communications sent by Klorane Botanical Foundation. 
The GTCU are governed by French law and may be modified at any time without prior notice. Use and consultation of the Site is limited to personal and non-commercial use.
Generally speaking, the User shall refrain from using all or part of the Website for illicit purposes (copyright) or purposes that conflict with these GTCU. 
By consulting the Website,  the User accepts to comply with the GTCU as they are displayed on the date of consultation. 
The GTCU shall apply to all Users accessing the Website. 

Purpose of the Website

The Website is only accessible online.
This Website has been created to provide you with information on Klorane Botanical Foundation and its activities. The Website does not constitute a binding offer. 
Despite making the necessary efforts, Klorane Botanical Foundation cannot guarantee that all information or news published on the Website is perfectly up to date. 
The Website is fully funded by PFDC. The Website does not constitute a binding offer and does not contain any form of advertisement. 
Since Website updates are carried out with all activities being taken into account, certain new information, services or announcements may no longer be valid at the time of their publication or may simply be overlooked.  Despite making the necessary efforts, Klorane Botanical Foundation cannot guarantee that all information or services published on the Website are perfectly up to date. 
Klorane Botanical Foundation does not guarantee the accuracy and completeness of the information and services contained on the Website. Klorane Botanical Foundation shall make the appropriate corrections. Furthermore, information or services published or offered may have been updated between the time at which they are viewed by Users and the time that the Users learn of these updates.  Klorane Botanical Foundation cannot, therefore, guarantee that this information is accurate, complete and up to date. 
Use of the Website is the sole and complete responsibility of the User. Klorane Botanical Foundation shall not be held liable for any results obtained due to use of the Website. 
Unless otherwise expressly provided, any new features that improve or add to any existing service(s) or any new services launched by Klorane Botanical Foundation shall be covered by the GTCU. Users accept the fact that the service is provided "as-is". Users agree to use the Website for the purposes defined in the GTCU, to not depart from the purpose of the Website and to not attempt to redirect Users to another service. 


Information contained on the Website

Information is provided to Users via the Website. This provision does not result in the transfer of ownership of the information. Users are merely granted a licence to consult and use this information, in a non-exclusive manner and for their private use. As such, Users are prohibited from copying or reproducing the information, in whole or in part, by any means and in any format that exists or may be developed, from translating the information into any other language, and from adapting the information. 
Klorane Botanical Foundation shall not be held liable for any direct or indirect consequences or damages due to a defect or piracy of data. Furthermore, Klorane Botanical Foundation assumes an obligation of means, rather than of results, with regard to the information or advice provided to Users. 
Finally, Klorane Botanical Foundation makes no implicit or explicit guarantee and assumes no responsibility with regard to the use of this information or advice. They are provided for reference only. 
For any additional information and/or questions, please write to the following address: 
By email: kbf@pierre-fabre.com
By mail: Klorane Botanical Foundation - 15, rue Théron Périé 81106 CASTRES Cedex – France 
Registration
It is not necessary to register on the Website to access its contents. 

Accessing the Website 


To access the Website, the User must possess the software skills necessary to use the internet. In order to access the Website on a computer, tablet or mobile phone (hereafter the "Equipment"), the User must have suitable high-speed internet access or a phone plan enabling internet access on a compatible  computer/tablet/mobile phone such as: a smartphone (IOS, Android), WAP connection, wifi, or 3G/4G. 
The User acknowledges that the terms of his contract with his internet/mobile telephony provider shall continue to apply during his use of the Website. 
The User shall bear all costs that may be claimed by the provider in relation to internet, wifi, wap and/or 3G/4G connection services and use of the Website. 
The User shall refrain, during use, from interfering with or disrupting the correct functioning of the Website, servers or networks and from modifying, adapting or pirating the Website and/or from modifying a third party application or website in order to create confusion regarding its connection to the Website. 
The User is aware of the constraints and limits of the internet and telecommunications networks and shall therefore undertake to: 

  • protect his Equipment against any form of virus or attempted intrusion or unauthorized access and/or use by third parties;
  • ensure that his Equipment is correctly installed, operated and maintained so as to ensure the correct functioning of the Website. 

User’s Obligations
In using the Website, Users shall refrain from: 

  • using the Website or its information for political purposes, propaganda or proselytizing;
  • diverting the Website from its purpose; 
  • conducting illegal activities, namely those that prejudice the interests of right holders of the texts, photographs, images, videos, etc.; 
  • advertising or inciting other Users to use any other service, whether or not it is a competitor;
  • impeding the Website’s functioning in any way;
  • violating intellectual property laws; 
  • violating the laws and regulations in force. 

Users shall refrain from: 

  • Uploading, sending or sharing, by email or any other means, any content that is illegal, harmful, threatening, abusive, equivalent to harassment, defamatory, vulgar, obscene, invasive of the privacy of others, hateful, racist, or otherwise reprehensible;
  • Viewing, displaying or uploading any content that violates current French laws, particularly those pertaining to intellectual property;
  • Attempting to mislead other Users by impersonating other persons or companies, particularly by impersonating an employee or affiliate of Klorane Botanical Foundation, a moderator, a guide or a host;
  • Uploading, displaying or sharing, by email or any other means, any content containing a computer virus or any other code, file or program designed to interrupt, destroy or limit the functioning of any computer software or communication tool, or any similar content; 
  • Uploading, displaying or sharing, by email or any other means, any content that violates a patent, trademark, manufacturing secret, intellectual property right or any other ownership right (hereafter referred to collectively as "the rights") belonging to others;
  • Disrupting the normal flow of dialogue, accelerating the screen scrolling speed so that Users are unable to follow and type their messages, or committing any action that has a similar disruptive effect that limits Users’ ability to communicate in real-time;
  • Hindering or disrupting the Service, servers or networks connected to the Website or refusing to comply with the required conditions, general rules or regulatory provisions applicable to the networks connected to the Website;
  • Harassing other User(s) in any way;
  • Collecting or storing the personal data or log-in credentials of other Users. 

Klorane Botanical Foundation or any person or entity appointed by Klorane Botanical Foundation has the right to delete or remove any content that violates these terms and conditions and/or the regulations in force and/or that is otherwise reprehensible. 
Users also acknowledge that they must exercise discretion and accept all risks related to their use of the information on the Website. 


Guarantee and responsibility

Users are solely responsible for their use of the Website and undertake to use the site in accordance with its purpose. 
Klorane Botanical Foundation guarantees quiet enjoyment of the Website to Users, and in particular that the Website violates no intellectual property rights held by third parties and that it is original. Klorane Botanical Foundation guarantees that the Website complies with the French legal provisions in force and with the industry standards applicable to websites.
Users agree to neither voluntarily nor involuntarily introduce viruses, bugs or files of any kind that may disturb the Website’s operation; if they do so, they shall bear sole responsibility. 
In the spirit of respect for all, Klorane Botanical Foundation may take offensive Users to court. 
The User declares and guarantees that he is perfectly familiar with the features and limitations of the internet, and particularly that the sending of data and information via the internet is not fully reliable from a technical standpoint, as this data and information is exchanged via heterogeneous networks with differing characteristics and capacities, which may hinder access or render it impossible at certain times. 
Klorane Botanical Foundation shall not be held liable for any damage arising from a User’s accessing or using the Website. 
Klorane Botanical Foundation shall not be held liable for any errors, omissions, viruses or results that may be obtained through incorrect use of the Services, information and Website. Klorane Botanical Foundation is only bound by an obligation of means. 
Klorane Botanical Foundation and the managers and employees of Klorane Botanical Foundation / PFDC shall not be held liable:

  • For any damage arising from logging into, accessing or using the Website;

Direct or indirect damage resulting from visiting the Website or using the Services made available through it;

  • Direct or indirect damage resulting from use of the Website, including any operating, financial or commercial losses or loss of the Website or any data in any information system, even if Klorane Botanical Foundation was aware of the possibility of such damage. 

In no event shall Klorane Botanical Foundation be held liable for any loss of information or damage related to the service. Information provided via the Website shall not be construed as a guarantee of any kind. 
Subject to the applicable legal or regulatory provisions, Klorane Botanical Foundation shall not be held liable for any damage, including, but not limited to, loss of revenue, clientele, data or intangible assets that may arise as a result of the use or inability to use the Website, and more generally from any event related to the Website and/or to any third party website. 
Klorane Botanical Foundation strives to ensure the Website remains accessible 24/7, but it is not obligated to do so. Klorane Botanical Foundation may therefore interrupt access to the Website, including for maintenance and updating operations. In no event shall Klorane Botanical Foundation be held liable for these interruptions or for any consequences that may result for the User or a third party. 
Klorane Botanical Foundation reserves the right to modify or delete the Website without prior notice, and without incurring any liability as a result. Deleting or modifying the Website cannot be used as grounds by Users for any specific compensation, nor for the award of damages. 
Users expressly acknowledge and accept that:

  • they use the Website and information at their own risk. The information is provided on an "as-is" basis and is accessible based on its availability, and Klorane Botanical Foundation makes no explicit or implicit guarantees with regard to the quality and compatibility of the service to any specific use, nor with regard to the non-infringement of the rules for use of the service by its Users (this list is not exhaustive). 
  • Klorane Botanical Foundation does not guarantee that the Website meets their expectations; that it will be uninterrupted, appropriate, safe or free of errors; that the results that may be obtained through use of the services are accurate and reliable; that the quality of any services, information or other material obtained by Users through the Website will meet their expectations; or that any defects in the software used will be corrected. 
  • Any material downloaded or obtained in any other manner during use of the service is at their own risk. Users shall be responsible for any damage to their computers or any loss of data resulting from downloading this material. 

Intellectual property rights 

Unless otherwise provided for herein, all of the elements found on the Website (including all text, data, graphic design, logos, names, animations, images, videos, sounds, software and any other elements) (hereafter referred to as the "Elements") is the exclusive property of Klorane Botanical Foundation and/or of third parties having granted the former a licence, and are covered by French and international legislation on copyright and intellectual property. 
These Elements are protect by copyrights, trademarks, patents, rights to databases, manufacturing secrets and/or other intellectual property rights. 
All reproduction, representation and public communication rights are reserved, including visual, photographic, iconographic or other representations. Reproduction of all or part of the Website in any electronic is formally prohibited without the express authorization of the publishing manager. 
The logos used on the Website have been registered, and their reproduction would constitute an unlawful use. All rights of use are reserved. In accordance with Article L.122-4 of the French intellectual property code, any full or partial representation or reproduction, by any means, that is not expressly authorized,  is unlawful and constitutes a forgery sanctioned by Articles L. 335-2 et seq. of the French intellectual property code. 
The User is not authorized to sell, copy, rent, commercialize, transfer or otherwise grant sub-licenses, modify or adapt the Website, merge all or part of it into another software, translate it, decompile it, disassemble it, or create any software or functions derived from the Website without the express written authorization of the Publishing Manager.  
Klorane Botanical Foundation grants the User a free, non-exclusive, non-transferable personal license, for private use only, to access, use and view the Website and its Elements. This right is granted for personal, private and non-commercial use only, provided that all statements concerning the reproduction and intellectual property rights pertaining to it are retained. As such, the User is prohibited from copying and/or reproducing all or part of the Elements by any means and in any existing or future format, from translating the Elements into any other language and from adapting the Elements. 
All other uses of the Elements are strictly prohibited and constitute a violation of the provisions of the French Intellectual Property Code. 


Personal data 

At no time does Klorane Botanical Foundation require users to provide personal data (name, address, email address, profession, etc.). However, namely to obtain certain information or receive documents, Users may be required to register by providing personal data, which the User accepts. This personal data will be kept for three (3) years, this duration being strictly necessary for the use of the Website. 
Klorane Botanical Foundation draws Users’ attention to the fact that its database likely to contain this personal data has been processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). 
Personal data that the User shares via the internet is intended for the exclusive use of Klorane Botanical Foundation or of any other entity in the Pierre Fabre Group that is responsible for its processing or conservation. This data will not be shared with other third parties, except for third parties hosting the Website or responsible for its content or management. 
Klorane Botanical Foundation undertakes to take all reasonable steps to maintain the confidentiality of personal data. 
Personal data will undergo automatic processing and may be used in the following ways: 

  • Monitoring of User relations: sending of emails to Users. If a User sends a message to kbf@pierre-fabre.com, the data will be kept and used in order to provide a response to the User and follow up; 
  • Provision of services: 

- Sending of newsletters by Klorane Botanical Foundation (with the User’s agreement). It is specified that the User may, at any time, modify his options regarding the newsletter. 
- Ordering of "Botanist’s Seed" teaching kits;
- Creation of User accounts. 
Personal data will never be accessible to third parties. The data is encrypted for anyone not authorized to access it. As a result, the data collected and kept cannot be used to precisely identify a User. 
Klorane Botanical Foundation may reveal personal information when this information is necessary for the identification, apprehension or legal action against any User likely to cause prejudice or harm (whether intentionally or not) to the rights or ownership of the Website, to other Users of the Website, or to any other person who may be penalized for such activities. 
The User has a right to access, correct or delete his personal data. He also possesses a right to limitation of processing and a right to oppose. To exercise these rights, the User may contact Klorane Botanical Foundation at the following address: kbf@pierre-fabre.com.
Klorane Botanical Foundation will take the necessary measures to meet requests in a satisfactory manner. If, for any reason, the User believes Klorane Botanical Foundation’s response to be unsatisfactory, Klorane Botanical Foundation informs him that he may make a claim with the French National Commission on Information Technology and Liberties (Commission Nationale de l'Informatique et des Libertés). 
Klorane Botanical Foundation does not send personal data outside the territory of the European Union, and will share no data with third party partners without Users’ express authorization. Klorane Botanical Foundation is responsible for completing all necessary preliminary formalities with the competent personal data protection authorities. 
Klorane Botanical Foundation will meet User requests concerning their own personal data, recent access to their data  and any processing it receives within the legal timeframes. 
For more information on the processing of your personal data, Klorane Botanical Foundation invites Users to consult its Personal Data Policy at the following address: XXXXX
Hyperlinks
The User is informed that Klorane Botanical Foundation may provide links to websites and/or applications that may or may not belong to the Pierre Fabre Group. These websites and/or applications are independent of the Website. 
Klorane Botanical Foundation neither publishes nor controls the sources and content of these websites or their links to other websites and/or applications. 
Links to these websites and/or applications in no way constitutes the approval, acceptance or support of Klorane Botanical Foundation of the contents of these websites and/or applications, and even less so of how they may be used. 
As a result, Klorane Botanical Foundation shall not be held liable for the contents, products, services, advertising, cookies or other elements of these websites, nor for any damage or loss, whether confirmed or alleged, resulting from or related to the use of information, services or data found on these websites and/or applications. 
Hyperlinks may only be created on the Website with the prior written authorization of Klorane Botanical Foundation. Requests for authorization must be sent to the following address: kbf@pierre-fabre.com 


Cookie Policy

A "cookie" is a small computer program that represents a block of digital data sent to the browser by a Web server and stored on the hard disk of the User’s computer, tablet or smartphone (hereafter referred to collectively as the "Equipment"). 
For the purpose of this section, the term "cookies" refers to any technology covered by Article 32-II of the Law of 6 January 1978, as amended. 
Some "cookies" may contain private information serving to recognize the User as a physical user and/or to identify his Equipment. They make it possible to identify the parts of the Website that interest the User, thus providing the User with content likely to fit his interests. 
It is recalled that, for this purpose, the information collected by the "cookies" in the Equipment may not be kept for a period exceeding 13 months. 
The Website uses "cookies" for statistical purposes (e.g. estimating the number of visits to the Website, the geographical areas where Users are located), to improve the Website’s functioning and navigation (e.g. prioritizing or improving the Website’s optimization for a given browser and colour display type) and to ensure safe browsing by fighting against fraud and spam emails. 
Third party "cookies" may also be stored on the Equipment with the purpose of personalizing and/or improving content, including advertising, that may be used during browsing. Depending on the device, different third party "cookies" may be saved, including: 

  • Social network "cookies" may be installed on the Equipment when the User views one of our materials on which content is published which is sourced from social networks. Klorane Botanical Foundation invites Users to consult the social network’s "cookie" management policy on the website of the relevant social network. 
  • Flash® "cookies" are files stored by the Flash® software, which is installed to view dynamic objects, such as graphic animations or video sequences. Flash® "cookies" may be installed if you use the Flash® application. Klorane Botanical Foundation invites Users to consult the  Flash® "cookie" management policy on the website of the software’s publishing company. 
  • Targeting "cookies", created by a third party such as an advertiser, may be used to place advertisements that are tailored to Users or target their interests. They also serve to limit the number of times an advertisement is displayed and help measure the effectiveness of an advertising campaign. These "cookies" also track Users’ navigation to other websites. 

Klorane Botanical Foundation may also place "cookies" belonging to it on mediums belonging to its third party partners. 
These "cookies" primarily serve to present content to the User that reflect his interests and track the viewing of this content. 
By browsing the Website, the User accepts that Klorane Botanical Foundation uses "cookies" as described in this section. 
Web browsers are normally configured to accept "cookies". Users may object to their presence and refuse or delete them. For this purpose, it is possible to delete them from the Equipment by visiting the help page of the browser used or disable the storage of "cookies" by deactivating this function in the browser (the steps to follow are specified on the website of the French National Commission on Information Technology and Liberties (Commission Nationale de l'Informatique et des Libertés, CNIL) at the following address: http://www.cnil.fr).
Users may modify their choice to accept or refuse "cookies" at any time. 
If the User disables "cookies", the Website will not function perfectly, or some content may be inaccessible. As such, it is recommended that you authorize the storage of "cookies" so that you may use all of the Website’s functionalities. 
For more information on the use of Cookies on the Website, Klorane Botanical Foundation invites users to view the Cookies table at the following address: XXXXX


Non-renunciation and partial invalidity

In the event that one of the provisions of the GTCU becomes null and void due to a change in legislation or regulations or due to a court decision, this shall not affect the validity and compliance with the other provisions of the GTCU. 
A Party’s choice not to avail itself of any of the provisions of the GTCU may not constitute a waiver of its right to invoke the same provision at a later date. 


Miscellaneous provisions 

In the event that a provision of the GTCU becomes invalid or is found to contain a loophole, the provision in question will be replaced by a provision as close as possible from a legal point of view. 
Users acknowledge that they have read the GTCU and use of the Website by Users constitutes their full and unconditional acceptance of the entirety of the GTCU. 
For any questions concerning the GTCU, or questions or comments regarding the Website or a User Account, Users may write to the following address: kbf@pierre-fabre.com. 


Modifications to the GTCU

The GTCU may be modified at any time by Klorane Botanical Foundation. Use of the Website following notification of a modification shall constitute acceptance of the GTCU. The applicable GTCU shall be those in force on the Website on the date of its use by a User. In the event of disagreement on the changes to the GTCU, the User agrees to not visit the Website. 
If the GTCU are translated, only the French version shall be legally valid and enforceable. 
Applicable law and jurisdiction
The GTCU are governed by French law. 
Any disputes arising in relation to the GTCU shall be submitted to mediation, prior to any judicial or arbitral proceedings. 
If mediation is unsuccessful, the dispute shall be brought before the competent court within the jurisdiction of the Court of Appeal of Paris. 


 

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