Terms & Conditions
Effective as of 25.01.2023
Welcome on this Website dedicated to NYX Professional Makeup (hereinafter the "Website").
Hosted by: DEMANDWARE, a societe en nom collect if company, with capital of EUR 1 000, having its registered offices at 36 Avenue Hoche à Paris 75008 in PARIS, registered with the PARIS Registry of Trade and Companies under number N 529 993 735;
1. ACCESS TO THE WEBSITE
You may freely use the Website, without being required to sign in or create an account.
Additional fees for accessing and using the Internet remain at your charge.
2. VIRTUAL-TRY-ON FEATURE
This Website 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).
Our service is intended to be as accurate as possible this does not constitute a guarantee that the recommended shade (make-up or hair-color) will be an exact match. We always advise visiting your local brand counter.
2.1 SHADE FINDER FEATURE
This Website may allow you to use a shade finder feature. This is an online service capable of analyzing skin tone and undertone aging with selfies based on artificial intelligence. Selfies are analyzed and then, based on skin tone and undertone, you will be provided with your shade result and a personalized foundation shade recommendation. You are free not to use this service.
Selfies processed through this service are only used to perform the skin tone and undertone analysis and are deleted automatically post analysis.
2.2 INTELLECTUAL PROPERTY
a. Intellectual property rights
Developing this Website involved significant investments. The Website 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 Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.
In the event that We make a Website 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 Website 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 Website 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 right sholders in connection with any content you may wish to post via the Website, 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 Website a space dedicated to user contents, such as text, photos, videos, opinions, etc. (hereinafter "User Content").
By posting User Content via the Website, 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, trade shows, 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”).
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 Website.
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.
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.
3. CODE OF CONDUCT
We support the values of tolerance and respect of others.
For this reason, by using this Website or any services made available to you through the Website (e.g. teleconsultation services, online chat, ratings and reviews, forum), you agree not to:
- Not 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;
- Not convey any racist, violent, xenophobic, malicious, rude, obscene or unlawful comments;
- Not 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 offenses;
- Not use the Website for political, propaganda or proselytizing purposes;
- Not publish any content advertising or promoting any products and/or services competing with the brand(s) displayed on the Website;
- Not divert the Website from its intended purpose, including by using it as a dating service;
- Not 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;
- Not disseminate any information or content that may be upsetting for the youngest;
- Not intimidate or harass others;
- Not conduct illegal activities, including that may infringe anyone’s rights in and to any software, trademarks, photographs, images, texts, videos, etc.;
- Not disseminate content (including photographs and videos) portraying minors;
- Not display or share inappropriate content or material involving, for example, nudity, pornography, offensive language, violence, or criminal activity;
- Not adopt inappropriate behavior or act in a way likely to offend others’ sensibilities;
- Not capture and/or record and/or disseminate any capture of conversational screens or teleconsultations with our hosts on any electronic means of communication.
- Immediate, temporary or permanent withdrawal of right to access and use this Website and services provided on the Website;
- Delete User account;
- Remove User Content uploaded to this Website;
- Disclose such information to law enforcement authorities as required by law;
- Initiate legal proceedings and/or refer it for criminal prosecution.
We reserve the right to take all the measures mentioned above at any time, without any notice and at our sole discretion. Implementation of these measures may imply processing of your IP address.
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 specifying 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 Us a notice 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.
4. INFORMATION CONTAINED ON THE WEBSITE
a. General provisions
We hereby remind you that inaccuracies and omissions may appear in the information available on this Website, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Website as soon as possible.
b. Information on the products and services
The products and services presented to you on this Website 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 Website is available.
c. Advice and beauty profile
The advice provided on this Website 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 guarantee 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 Website may lead you to websites published by third parties and the content of which We do not control. Accordingly, to the extent that said hypertext links were included on this Website 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.
5. 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.
If we collect personal data through the Website/App, you will find information on how this is being processed in our privacy notice HERE.
Cookies are small files that are left on your device while you browse the Website (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever you access the same Website (hereinafter “Cookies”).
We shall use our best efforts to maintain access to the Website and Downloadable Content at all times. However, We cannot guarantee the permanent availability and accessibility of the Website. Indeed, we may be required to momentarily suspend access to all or part of the Website, 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 malfunction may hinder the proper operation of the website.
More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.
9. GOVERNING LAW AND DISPUTES
For any issue, please contact our Customer Service:
L’Oréal Consumer Care Center Nordic
L’Oréal Denmark A/S
1561 Copenhagen V Denmark
+45 80 20 06 07
Opening hours Monday-Friday: 10:00 – 15:00