TERMS AND CONDITIONS OF USE

1. General information – Legal notice

The www.poderm.com website, from which the User can register his application to become a Brand ambassador, is Published by SWISS FOOTCARE LABORATORIES, a limited liability company registered under number CHE-145.626.188, with its registered office at Chemin du Pré-Fleuri 1-3, 1228 Plan-les-Ouates, and with the intercommunity VAT number CHE-145.626.188 VAT (“the Brand”). The director is Maud FALCONNET.

The Brand is a company specializing in the the development, manufacture, and distribution of medical devices and cosmetic products dedicated to the health of feet and nails. As part of its development, it wishes to test its products on a representative sample of consumers, selected according to a certain number of criteria, using various service providers and subcontractors.

In particular, the Brand has signed a service contract with Makeup Bag, a “société par actions simplifiée” (simplified joint stock company) with capital of 8,299 euros, registered in the Paris Trade and Companies Register under number 791 644 958, head office is located at 8 rue de Monceau, 75 008, Paris, to enable it to set up and manage the various influencer campaigns it wishes to run. Makeup Bag has developed a digital and logistical solution for managing influencer campaigns (the ” Trustt ” Solution), enabling the Brand to pre-select the target population for an influencer campaign, create an influencer campaign, and select and recruit candidate ambassadors.

The website ww.poderm.com is hosted by the company Alpes Network, whose head office is located at 17 Rue Mira, 74650 Annecy, France.

2. Definitions

Terms and expressions beginning with a capital letter have the following meaning, whether used in the singular or plural:

– “Ambassador“: refers to any person who has applied to test the Brand’s products and has been selected by the Brand to become an Ambassador for a particular Influence Campaign. An Ambassador may indistinctly (i) have an audience on social networks by being an influencer or micro-influencer or (ii) be a simple consumer.

-“Candidate Ambassador“: refers to any person who applies to test the Brand’s products.

-“Ambassador Campaign“: refers to any influencer campaign organized by the Brand using the Solution in which the Ambassador agrees to participate.

– “Personal Account“: refers to the personal account created by a Candidate Ambassador upon registration with a view to being selected for an Influence Campaign.

– “GCU“: refers to these general terms and conditions of use and any supplementary documents.

– “Platform “: refers to the platform accessible at app.trust.io/login and visible as an Iframe on the Brand’s website, as well as all of its elements and content (graphic charter, frames, banners, flash and video animations, source code, html programming code, etc.) from which the Candidate Ambassador can become a member by creating his/her Personal Account with a view to testing the Product(s).

-“Product“: refers to the Brand product sent to the Ambassador as part of the Ambassador Campaign.

-“Application Questionnaire“: refers to the questionnaire to be completed by the Candidate Ambassador.

– “Solution “: refers to the digital and logistical solution for managing Trust ambassador campaigns developed by Makeup Bag and used by the Brand.

3. Purpose and acceptance of the GCU

The purpose of the GCU is to define the general conditions of use of the Site, of Candidate Ambassadors’ candidacy and of Ambassadors’ participation in Influence Campaigns.

The Ambassador’s participation in the Influence Campaign is subject to the Candidate Ambassador’s unreserved acceptance of these GCU. Acceptance of the GCU is full, complete, indivisible and unconditional.

When creating his/her personal account, the Candidate Ambassador is invited to read and accept the GCU before being able to participate, if accepted as an Ambassador, in the Influence Campaign.

The brand reserves the right to adapt or modify the terms of the GCU, the functionalities offered on the Site or their operating rules at any time.

4. Procedure for an Ambassador’s participation in an Influence Campaign

4.1. Application process

In order to apply to become an Ambassador, the Candidate Ambassador must first create a Personal Account and complete a Questionnaire. On this occasion, the Candidate Ambassador must enter information on the Site that identifies him/her (surname, first name), provide a valid e-mail address, which will serve as a connection identifier, and choose a connection password (together, the “Identification Elements”).

The Candidate Ambassador is obliged to update his/her Identification Elements and undertakes not to communicate any incorrect or false information when creating or updating his/her Personal Account.

The Connection Identifiers are specific to the Ambassador or Candidate Ambassador and reserved for his/her personal use. Consequently, the Candidate Ambassador undertakes not to communicate the Login Information to a third party. In any event, any act carried out with the Connection Identifiers of the Candidate Ambassador will be considered as having been carried out by the Candidate Ambassador and under his or her responsibility. The Ambassador Candidate therefore acknowledges that he/she is fully responsible for any use made of his/her Login Information.

In the event of unauthorized use of the Connection Identifiers or Personal Account of a Candidate Ambassador or an Ambassador by a third party, the brand shall in no way be held liable to the Candidate Ambassador or the Ambassador concerned and the latter must inform the brand of this situation without delay, by e-mail to : contact@poderm.com

The Ambassador or Candidate Ambassador may request the deletion of his or her Personal Account at any time by sending a request to this effect by e-mail to the brand’s customer service department at address contact@poderm.com. [In the case of an ongoing Influence Campaign, the deletion will only become effective once the products have been tested and the Ambassador’s opinions have been communicated].

To apply, simply complete the Questionnaire in accordance with the registration procedure.

Registration is not compulsory, and each Candidate Ambassador is free to choose whether or not to apply.

Some answers are optional, while others are mandatory and are identified as such, as the Brand requires these answers in order to conduct its Ambassador Campaign.

Candidate Ambassadors may choose not to answer any of the mandatory questions, in which case they accept that their candidacy will not be validated.

Candidate Ambassadors may choose not to answer optional questions, in which case they accept that their candidacy will not be validated.

Candidate Ambassadors may choose not to answer the optional questions, in which case their application may be validated. The Candidate Ambassador acknowledges that failure to answer may have an impact on the Brand’s decision whether or not to select his/her profile as an Ambassador.

The Candidate Ambassador undertakes to answer the questions asked in the Questionnaire truthfully.

It is on the basis of these answers that the Brand will make its selection of Ambassadors from among the applications received, and will send such and such a product to be tested, these products being likely to vary according to the answers given in the Questionnaire.

Candidate Ambassadors may choose, at the time of registration, whether they wish to receive information and exclusive offers from the Brand (this choice will not affect their selection as an Ambassador).

The Candidate Ambassador acknowledges and accepts the risk of not being selected to become an Ambassador and waives any right of appeal in this respect against the Brand, the Brand’s decision being based on objective elements according to the answers given in the Questionnaire, but the Brand being under no obligation to justify its decision.

4.2. Selection and notification of Ambassadors

In the event of selection by the Brand, the Candidate Ambassador is notified by e-mail to the address given when the Personal Account was created that he/she has been selected to be an Ambassador and that he/she will shortly receive a Product to be tested by him/her.

4.3. Instructions for using and testing Products

Upon receipt of the Product, the Ambassador undertakes to confirm receipt of the Product by clicking on the link indicated in the selection confirmation e-mail and by checking the box “I have received the product” in the application tracking system on the Platform.

The Ambassador commits to read all the instructions for use supplied with the product before starting to use it, and to follow the advice for use and the various stages of the test recalled when the product was sent.

For the record, the three stages of the test are :

1 – Confirmation by the Ambassador that he/she has received the product by logging into his/her User Account;
2 – Testing of the product for the duration indicated, in compliance with the instructions for use.
3 – Uploading by the Ambassador from his/her User Account of the review written at the end of the test, as well as any photographs and/or videos.

A reminder of the product test rules is sent with the product.The Ambassador acknowledges and accepts that the advice for use is given in abstracto for information purposes only, on the basis of information provided by the Ambassador, which is necessarily non-exhaustive and cannot therefore be used as a basis for medical diagnosis or as a substitute for medical supervision. The Brand therefore declines all responsibility for the use of the Product as part of the Influence Campaign, and invites Ambassadors who have any doubts about the compatibility of a Product to consult an authorized professional].

It is specified that the Product is shipped at the Brand’s expense, and delivered to the Ambassador without financial consideration. The contractual relationship between the Brand and the Ambassador thus constitutes a liberality subject to the Ambassador’s completion of the Product test upon receipt of said Product, and is exclusive of any contract of an onerous nature. Ownership of the Product is thus deemed transferred upon [shipment of the Product by the Brand / once the test has been carried out and the notice uploaded by the Ambassador]. Likewise, the transfer of risks occurs at the time of [shipment of the Product by the Brand].

Assuming that the Product received is damaged or does not correspond to the Product advertised, the Brand is under no obligation to return a Product to replace the Product received.

4.4. Reminder emails to post reviews

Assuming that the Ambassador has not published his/her review within a certain period of time after the product has been dispatched, a reminder e-mail inviting the Ambassador to share his/her review will be sent.

4.5. E-mails to encourage content creation on social networks

Once the review has been published on the Trustt platform, the Ambassador receives a new e-mail encouraging him to share his experience with his community. Ambassadors are encouraged to consult the “See tips” section to learn how to :

• take beautiful before-and-after photos
• give their opinion on video
• make better stories
• easily produce a detailed (and useful) review
• increase blog awareness through SEO

5. Commitments of the Candidate Ambassador / Ambassador

By registering to participate and accepting these GTC, the Candidate Ambassador undertakes, if selected, to:

• Test the product received in accordance with the product’s instructions for use, and not to use the product for any purpose other than that for which it is intended.
• To write a complete, sincere and authentic review of the product in the Trustt personal space, which is a sine qua non for the product to be free of charge. The Candidate Ambassador acknowledges that he/she has been informed of this and agrees to be reimbursed, at his/her own expense, for the public sale price of the Product, as well as shipping costs, by the Brand organizing the campaign, if he/she fails to comply with this undertaking.
• Not to use defamatory language in the context of writing reviews, or language that is racist, violent, xenophobic, homophobic, malicious, vulgar, obscene, invasive of privacy or generally unlawful.
• Not to test products and/or take part in Ambassador Campaigns for illegal or fraudulent purposes, or in a way that contravenes public order or morality, or that harms the brand or any third party in any way whatsoever.
• Refrain from politics, propaganda and proselytizing,
• Not to represent the Brand’s intellectual property in a way that could harm the Brand’s image.
• Not to lend, give away or market in any way whatsoever the Product received, the Candidate Ambassador acknowledging that he/she has been informed and accepting that if he/she does not comply with this commitment, he/she may be asked by the Brand organizing the campaign to reimburse, at his/her own expense, the public sale price of the Product as well as the shipping costs.
• Take a photograph before the test and one after the test, following the recommendations communicated if the Brand organizing the campaign has so requested in the commitments included in the Application questionnaire.
• If applicable, take a video following the recommendations provided (in the case of campaigns with video notification).
• To authorize the Brand to use all or part of the review written, as well as its photographs and/or videos for commercial purposes, whether to promote the merits of the product tested or more generally to promote the Brand.
• To use his/her first name to the exclusion of his/her surname in connection with the review.
• Within the framework of campaigns with reviews to be posted on third-party sites, to publish its review on these third-party sites and other platforms, following the recommendations communicated and in compliance with the regulations applicable to the advertising sector.
• Within the framework of campaigns where the commitments explicitly specify the request to produce content to be published on the ambassador’s social networks for physical or digital and/or influence-specific events, to design and publish one or more pieces of content on the ambassador’s social network(s) in accordance with the terms drawn up by the organizing Brand.

The Candidate Ambassador acknowledges and accepts that the relationship with the Brand is exclusive of any remuneration or subordination, and that it is in return for the free delivery of the product that he/she undertakes to carry out the test, in complete independence and under his/her own responsibility.

The Candidate Ambassador acknowledges that failure to comply with the above commitments, and in particular the fact of selling the product on sales platforms, may result in exclusion from the Ambassador Campaigns and the obligation to reimburse the full published price.

Furthermore, assuming a breach by the Ambassador of any of the stipulations of the GCU, the Ambassador acknowledges that his or her Personal Account may be unilaterally deleted without compensation, after a notification to this effect has been sent to the Ambassador at the e-mail address provided in his or her Personal Account.

6. Intellectual property rights

6.1. Brand rights

The Brand is the exclusive owner of the intellectual property rights relating to the Site and its contents (graphic charter, texts, illustrations, videos and images, whether visual or sound, databases, brands, logos, domain names, etc.) as well as to the Products.

Any representation, reproduction, modification, adaptation, translation, publication or exploitation of all or part of the Site or of the elements or data comprising it and/or the Product is strictly forbidden without the prior written consent of the brand.

For the purposes of the online publication of reviews of the Products tested by the Ambassador, the Brand authorizes the Ambassador, for this sole purpose, to reproduce and represent the Brand’s intellectual property elements, in particular, the trademark affixed to the Product or its packaging and the design of the Product or its container.

6.2. Candidate Ambassador’s / Ambassador’s rights

6.2.1. Copyright license / warranties

Within the framework of the authorizations referred to above, the Ambassador transfers to the Brand his or her reproduction and representation rights, as well as the right to adapt and translate the reviews written and the photographs and/or videos taken during the product tests, free of charge, for the entire world and for a period of three years from publication, on all physical or digital media (and in particular the written press, digital press, television, Internet, etc.) and for all uses in connection with the promotion of the products tested and more generally the promotion of the Brand.

The Ambassador guarantees that he/she is the author of the opinions written and of the photographs taken during the product tests, and guarantees the Brand peaceful use in this respect.

In the event that the Ambassador has borrowed from a pre-existing work in order to write his/her reviews or create a photograph or video, he/she undertakes to secure all necessary rights from the relevant rights holders, in order to allow the Brand to freely exploit the uploaded content.

6.2.2. Image and personality rights license

In the event that certain photographs taken by the Ambassador or his or her contributions contain personal attributes (such as the Ambassador’s image, all or part of the Ambassador’s name, etc.), the Ambassador hereby grants the Brand an authorization to use the personal rights, free of charge, valid for the duration of the Brand’s agreement. ), the Ambassador hereby grants the Brand an authorization to use the personality rights, free of charge, valid worldwide on all physical or digital media (and in particular the written press, the digital press, television, the Internet, etc.), for all uses in connection with the promotion of the products tested and, more generally, the promotion of the Brand, for a period of 5 years from the date on which the Ambassador places the visuals concerned online.

7. Advertising regulations

As a reminder, participation in the Brand’s ambassador program does not constitute a commercial partnership in exchange for visibility on social networks or blogs, but rather an incentive to freely share a product test. The Brand draws the attention of Candidate Ambassadors and Ambassadors to the fact that, in accordance with the recommendations of the Autorité de Régulation Professionnelle de la Publicité, (ARPP), the identification of the partnership with the Brand must be explicit, the Ambassador being encouraged to use references such as hashtag test or hasthtag testauthentique AND hashtag collaboration commerciale or hashtag sponsoring in all his publications on social networks, or by displaying a visual or audio indication at the beginning of published content. Likewise, “retouched images” or “virtual images” should be used whenever possible.

The brand strongly encourages Candidate Ambassadors to refer to the best practices guide, and to take the “Responsible Influence Certificate” https://www.arpp.org/certificat-influence-responsable-inscriptions/ published by ARPP for Ambassadors, to make them aware of the legal and ethical rules governing their interactions with brands.

8. The brand’s liability – Guarantees

In no event shall the brand be liable for any unforeseeable, indirect or consequential damages such as, but not limited to, loss of profits, loss of revenue, loss of business opportunities, loss of or damage to brand or reputation, etc., arising out of or in connection with the use of this website.

9. Personal data

The brand has exclusive ownership of the database generated by Trustt software for the duration of the contract, including: UGC content, reviews, campaign names, date, duration, candidate opt-ins, campaign statistical data.

• Data collection:

The personal data communicated by the Candidate Ambassador and by the Ambassador enables the brand to manage the relationship with the Ambassador, within the framework of the present GCU that binds them, and to send commercial offers to the Ambassador, if applicable. The data essential to the brand are the surname, first name and e-mail address, as well as any other data identified as such within the framework of the Ambassador Campaigns. If these mandatory details are not provided, the Personal Account cannot be created.
The Brand is responsible for processing the data collected.

• Data transfer:

The recipients of the data are the brand and its subcontractors. The Candidate Ambassador and the Ambassador expressly accept that their personal data may be stored, processed and transferred by the brand to its subcontractors, including in other countries of the European Union, who may however only access this personal data for the purposes of using the Solution and in compliance with the legal and regulatory provisions in force.
In accordance with article L. 223-2 of the French Consumer Code, the Candidate Ambassador and the Ambassador are informed that if they do not wish to be the subject of commercial prospecting by telephone, they may register on the telephone canvassing opposition list, available at www.bloctel.gouv.fr.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended by Act no. 2018-493 of June 20, 2018, the Candidate Ambassador and the Ambassador have the right to access, rectify, modify and limit the processing of personal data concerning them, as well as the right to define directives concerning the fate of their personal data before and after their death. Candidate Ambassadors and Ambassadors may exercise this right by sending a letter to the brand’s customer service department at SWISS FOOTCARE LABORATORIES at Chemin du Pré-Fleuri 1-3, 1228 Plan-les-Ouates or a request by e-mail to contact@poderm.com. Any such request is free of charge, does not need to be justified and may be made at any time, including after the collection of the Candidate Ambassador’s and/or the Ambassador’s personal data. However, it must be signed, accompanied by a photocopy of the Candidate Ambassador’s or Ambassador’s identity document bearing his or her signature, and specify the address to which the reply should be sent. A reply will be sent to the Candidate Ambassador/Ambassador within two months of receipt of the request.

• Data retention :

The personal data communicated by the Candidate Ambassador and/or the Ambassador when using the Site are kept by the brand for a period not exceeding that necessary for the purposes for which they are processed, and in accordance with the legal and regulatory provisions in force. At the end of this period, all personal data communicated by the Candidate Ambassador and/or the Ambassador will be automatically deleted.
When consulting the Site, information relating to the browsing habits of the Candidate Ambassador / Ambassador may be recorded in cookie files installed on his/her computer or mobile terminal, subject to the choices expressed by him/her, which may be modified at any time. For more information on the type of cookies used on the Site, the purpose of each one and how to oppose and configure these cookies, the Candidate Ambassador / Ambassador is invited to consult the Cookies page on the Site, by clicking on the “Cookies” link.
The Ambassador undertakes not to upload opinions or, more generally, content containing personal data likely to be considered as “sensitive” data within the meaning of the applicable Regulations.

10. Applicable law – Competent jurisdiction

The present GTU are governed, interpreted and subject to French law.

Any dispute relating to the GTU that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Swiss courts.

Notwithstanding the foregoing, the Candidate Ambassador / Ambassador is hereby informed, in accordance with article L. 612-1 of the French Consumer Code, that he/she may in any event have recourse, free of charge, to conventional consumer mediation in the event of a dispute.

In the event of any dispute of any nature related to this contract, the Parties agree to make every effort to resolve the dispute amicably. Failing to reach an agreement, the Parties agree to submit any disputes to the Commercial Court of Geneva.

The original version of these GCU was drafted in French before being translated into other languages where necessary. These translations are provided as a courtesy and for information purposes only. In the event of any dispute concerning the content or interpretation of the GCU, or in the event of any inconsistency or difference between the French version and a translated version, the French version shall prevail and be deemed authentic, unless otherwise provided by national public policy.

11. Miscellaneous provisions

11.1. Partial nullity

If one or more stipulations of the GCU are considered invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations of the GCU will retain all their force and scope.
The Brand will replace the invalidated stipulation(s) with a provision having an equivalent economic effect.

11.2. Non-waiver

The fact that the brand does not avail itself at a given time of one of the stipulations of the GCU may in no case be considered as a waiver on its part to subsequently avail itself of any of the stipulations of the GCU.