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CGU

1 COORDINATES

1.1 The website is published by LEMBAS, simplified joint stock company with a capital of 1,000.00 euros, registered in the National Register of Enterprises under the number 953 334 455, having its head office at 35 Quai de la Seine 75019 Paris, hereinafter referred to as” LEMBAS ”.

1.2 LEMBAS can be reached at the following coordinates: contact@fairglow.fr

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2 PREAMBLE

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2.1 LEMBAS publishes a website allowing in particular (i) the transmission of data relating to cosmetic products and (ii) the analysis of the environmental footprint of these products based on the data transmitted and by means of a calculation algorithm (hereinafter “the Website”).

2.2 LEMBAS provides several functionalities through the Website, and in particular, a tool for calculating the environmental footprint (hereinafter the” Features ”).

2.3 The User is a natural person with a professional email address and authorized to connect to the Website. (hereinafter “theUser ”).
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3 OBJECT

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3.1 The General Terms of Use (or CGU) govern the relationship between the User and LEMBAS.

3.2 Their purpose is to define the terms and conditions under which the User uses the Website and its Features.
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4 CONTRACTUAL DOCUMENTS

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4.1 The CGU constitute the entire contract between LEMBAS and the User and govern the conditions of use of the Website.

4.2 The User acknowledges having read all the CGU and accepting all of their terms without reservation.

4.3 The User is invited to print or download the Terms and Conditions and keep them on a durable medium. At any time, the CGU are accessible at the address on the Website.  
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5 MODIFICATION

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5.1 LEMBAS may modify these T&Cs from time to time, in particular to reflect possible regulatory and legislative developments, changes in market conditions, changes in navigation parameters, as well as for any other reason that LEMBAS deems useful, at its discretion.

5.2 Anyone accessing the Website will be bound by the CGU in force at the time of consultation of the Website.

5.3 Any substantial modification of the T&Cs will be the subject of a special mention on the Website. When changes are brought to the attention of the user, by continuing to use the Website, it means his acceptance of the changes to the CGU. If the User does not accept the changes to the CGU, he is allowed to no longer use the Website.

5.4 The User cannot modify or revise the CGU and any modification of the T&Cs that the User attempts to make does not commit LEMBAS.
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6 ACCESS TO THE WEBSITE

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6.1 The User accesses the Website through the Internet network. It is up to the User to have, at their own expense, the necessary computer equipment and software and an Internet connection.

6.2 To be able to connect to certain Features and in particular to the environmental footprint analysis tool, the User must create a personal account on the Website.

6.3 It is up to the User to transmit all accurate and useful information for this purpose, namely: name, first name, company, email address, username, password.

6.4 This personal account will then be accessible using an identifier and a password constituting an access code.

6.5 Each access code is personal, individual, confidential and non-transferable. The User is responsible for the use, assignment and storage of his access codes.

6.6 LEMBAS may suspend the access of any User to the Website in the event of detection of an abnormal or fraudulent use of their identifiers and passwords, in particular in the event of non-compliance with the Terms of Use, attempted fraudulent intrusion or interference with the normal functioning of the computer systems of LEMBAS or its suppliers or subcontractors.

6.7 After a period of two (2) years of inactivity by the User on the Website, LEMBAS will delete his personal account. This deletion will take place at the expiration of a period of 30 days after notification to the email address entered by the User in his personal account, which has remained unanswered.
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7 AVAILABILITY AND SECURITY OF THE WEBSITE

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7.1 In principle, the Website is accessible 24 hours a day, 7 days a week, unless interrupted, scheduled or not, for maintenance purposes or in the event of force majeure.

7.2 LEMBAS cannot be held responsible for any damage, whatever its nature, resulting from unavailability.

7.3 The User is also informed that due to the characteristics intrinsically linked to the Internet, the data transmitted via the Website is not protected against the risks of misappropriation and/or piracy, in addition to the computer security measures implemented on the Website, for which LEMBAS cannot be held responsible in any way. It is the User's responsibility to take all appropriate measures to protect his computer and/or data, including by implementing appropriate technical tools, such as for example, antivirus, firewall, automatic cleaning tool, etc.
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8 USE OF THE WEBSITE

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8.1 The Website allows the User to transmit information concerning one or more cosmetic products (type of products, size of the product, origin, location of the end customer, distribution channel). It is the User's responsibility to ensure that he transmits consistent information.

8.2 The Website allows the User to analyze the environmental footprint of a product based on data transmitted via the Website. The analyses provided by LEMBAS to the User cannot constitute any medical or commercial recommendation.
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9 RESPONSIBILITY

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LEMBAS cannot be held responsible for the use that would be made of the Website by Users or for the erroneous or misleading information provided by the User, and for any damage that may result for the User or for third parties. LEMBAS cannot be held liable for a breach of its obligations resulting in particular: (i) from the provision by the User of erroneous information (ii) from the disclosure, loss, theft or loan by the User of his access codes to his user account; (iii) from any damage related to an Internet malfunction or from any risks related to the use of the Internet (computer viruses, Trojan horse, piracy,, worms, etc.); (iii) the failure of a User's computer hardware or (vi) a case of Force Major as defined in article 12.
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10 INTELLECTUAL PROPERTY

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10.1 The Website, its content and all the elements that compose it (tools, databases, graphic interfaces, images, texts, videos, sounds) are protected under the Intellectual Property Code. The CGU does not transfer ownership to the benefit of the User on these elements.

10.2 The User is granted a non-exclusive and non-transferable right to use the Website and the Features. The right thus granted consists of (i) a right to consult the data and information contained on the Website and (ii) a right of reproduction consisting in printing or saving the data and information consulted.

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11 PROOF AGREEMENT

Given the nature of their exchanges and in particular the dematerialization of their relationship, the Parties agree that all the computer records in the information system of LEMBAS or its suppliers (log files, etc.) or their reproduction on a computer medium will, in the event of litigation or legal proceedings, have the value of proof.

12 FORCE MAJEURE

LEMBAS cannot be held responsible for the non-performance of its obligations under the CGU, if this non-performance is due to a case of force majeure such as a malfunction or an interruption of the telecommunications network or the electrical network, an act of computer hacking.

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13 PERSONAL DATA

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13.1 LEMBAS processes personal data for the purposes of providing the Website and managing the User's personal account and access rights to the Website. LEMBAS is responsible for this processing of personal data, in accordance with applicable regulations and in particular with Regulation (EU) 2016/679 — General Regulation on the Protection of Personal Data (” RGPD ”) and to Law No. 78-17 of 6 January 1978 as amended (” Data Protection Act ”).

13.2 This treatment is based on the execution of the service contract between LEMBAS and the User and/or the law.

‍13.3 This data is kept until the User's personal account is deleted or in accordance with what is provided for by applicable law, in particular in the event of a dispute.

13.4 This data may be sent to LEMBAS subcontractors, namely its IT service providers.

13.5 LEMBAS implements sufficient security policies and practices, in accordance with the state of the art, to maintain the confidentiality and security of personal data and to prevent them from being distorted, damaged and from being accessed by unauthorized third parties, within the limits provided for in these T&Cs.

13.6 Users may exercise, under the conditions and limitations provided for by the applicable regulations, their right of access, rectification, limitation, deletion and opposition by sending an email to LEMBAS at the following address: contact@fairglow.fr

13.7 In the event of a dispute concerning the use of data, the User has the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL).

13.8 Finally, the User is informed that he has the right to formulate instructions relating to the storage, deletion and communication of his data after his death.

13.9 For more information, Users are invited to refer to the privacy policy of the Website accessible under this link: https://www.fairglow.fr/data-protection which is an integral part of these terms and which Users acknowledge having read and accepted.
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14 COOKIES

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14.1 Browsing the Website may result in the deposit of a cookie on the User's connection terminal. A cookie is a file of limited size composed mainly of numbers and letters stored on the browser or on the hard drive of a computer.

14.2 The user has the possibility to refuse the deposit of these cookies at any time and in any event before they are deposited.

14.3 For more information, Users are invited to refer to the privacy policy of the Website accessible under this link: https://www.fairglow.fr/data-protection which is an integral part of these terms and which Users acknowledge having read and accepted.
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15 APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

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15.1 These CGU are governed by French law.

15.2 THE COURTS UNDER THE JURISDICTION OF THE PARIS COURT OF APPEAL WILL BE COMPETENT TO HEAR ANY DISPUTE THAT MAY ARISE BETWEEN LEMBAS AND THE USER REGARDING THE FORMATION, EXECUTION OR INTERPRETATION OF THE TERMS AND CONDITIONS, EVEN IN THE EVENT OF REFERRAL, PLURALITY OF DEFENDANTS OR WARRANTY APPEAL.
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Legal mentions

‍Editor:

The website https://www.fairglow.fr/ is published by:

The LEMBAS company

Simplified joint stock company registered with the Paris RCS under the number 953 334 455

Head office: 6 RUE D'ARMAILLE, 75017 PARIS

Intra-community VAT number : FR87953334455

Phone: 0689685102

Email address: contact@fairglow.fr

Publishing director:

Mr Quentin CARAYON acting as President

Accommodation provider:

The website https://www.fairglow.fr/ is hosted by:

Key-Systems Gesellschaft mbH

Head office Kaiserstraße 170-174, 66386 St. Ingbert, Germany
Phone: +49-68949396850