GENERAL TERMS AND CONDITIONS OF USE (T&CS)

AND PRIVATE POLICY

I. IDENTIFICATION

LVMH FRAGRANCE BRANDS, a société anonyme [public limited company] with capital of 13,662,592 euros, entered in the Paris Trade and Companies Register under number B 572 082 253, whose registered office is located at 77 rue Anatole France, 92300 Levallois Perret (France), has set up a free training programme with no obligation to buy for Staff members of LVMH FRAGRANCE BRANDS’ authorised distributors registered on the Learning Box training application accessible on smartphone via the Appstore and Playstore.

II. TERMS AND CONDITIONS FOR REGISTRATION AND USE OF THE APPLICATION

2.1 Conditions of registration and participation

2.1.1 Acceptance of the General Terms and Conditions of Use

Registration for Learning Box and its use by Members as defined in Clause 2.1.2 entails the Members’ full and unreserved acceptance of these General Terms and Conditions of Use (hereinafter “T&Cs”).

Failure to comply with the T&Cs will result in cancellation of the registration and therefore the loss of any benefit granted by access to the application (loss of points obtained, suspension of gift orders being processed, etc.).

LVMH FRAGRANCE BRANDS reserves the right to:

- exclude any Member from the application who does not comply with the T&Cs,

- prosecute anyone who attempts to cheat or harm the proper running of the application.

LVMH FRAGRANCE BRANDS may decide to discontinue certain activities on the Learning Box application if it appears that there has been obvious cheating in any form whatsoever, particularly in a computerised manner, within the framework of participating in these activities and/or determining the winners.

In this regard, Members are informed that LVMH FRAGRANCE BRANDS has put in place the necessary technical means to demonstrate the validity of participation in activities on the Learning Box application.

LVMH FRAGRANCE BRANDS records and archives any data relating to Members’ participation in training, competitions and activities on the Learning Box application (information entered, date and time of participation, etc.) in accordance with the provisions relating to personal data laid down in the legal notices and these T&Cs, if applicable.

It is agreed that, unless there is an obvious error, the data contained in LVMH FRAGRANCE BRANDS’ information systems has probative force regarding the validity of a Member’s participation.

2.1.2 Registration

Learning Box Members (hereinafter the “Member(s)”) are considered to be:

• 

• 

• LVMH FRAGRANCE BRANDS staff, under a fixed-term contract / permanent contract and trainees.

Therefore, the following parties cannot be part of Learning Box and participate in its various activities:

- any other third party not belonging to a LVMH FRAGRANCE BRANDS distributor and service provider acting in the name of and on behalf of the Organising Company;

- any other third party belonging to a house competing with LVMH FRAGRANCE BRANDS;

- their respective families.

On Learning Box, a validation code is required to validate the registration of new Members. This validation code is given by the LVMH FRAGRANCE BRANDS field ambassadors, acting representatives and headquarters, and is strictly reserved for the legitimate members set out above (beauty consultants, in-store representatives and LVMH FRAGRANCE BRANDS personnel) under contract.

Any Staff member of an authorised distributor under 18 years of age must obtain prior authorisation from the person(s) with parental authority (parent(s) or guardian) in order to be a Member.

LVMH FRAGRANCE BRANDS may ask any Staff member of an authorised distributor to provide proof of this authorisation and, as appropriate, to withdraw the status of Member from a Staff member of an authorised distributor who cannot provide such proof.

The procedures for registering for and participating in the application’s competitions are presented to the Staff of LVMH FRAGRANCE BRANDS authorised distributors at the points of sale approved by LVMH FRAGRANCE BRANDS by LVMH FRAGRANCE BRANDS sales representatives by any means (including in writing or orally) and by any means of communication sent to the LVMH FRAGRANCE BRANDS authorised distributor (poster, instructions sheet, etc.).

You may sign up to the application at any time. To date, no membership end date is fixed. LVMH FRAGRANCE BRANDS reserves the right, however, to end membership at any time if the application is not used within a period of one year from a Member’s registration, or if a Member’s contract is terminated with LVMH FRAGRANCE BRANDS authorised distributors operating at a point of sale approved by LVMH FRAGRANCE BRANDS, or partner temporary work agencies, or a LVMH FRAGRANCE BRANDS internal staff contract is terminated.

2.2 Application content and operating procedures

Registering on Learning Box allows Members to:

- receive updates on the KENZO and GIVENCHY brands and/or their products;

- participate in competitions;

- take part in quizzes;

- comment and like the application content;

- receive gifts where they are eligible for the terms of the competitions.

III. PERSONAL DATA

The personal data collected as part of signing up to the Learning Box application is processed by LVMH FRAGRANCE BRANDS in accordance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004.

Members are informed that at the time of their participation, their personal data (first name, surname, identity, address of the point of sale) and related profile information (photos liked, photos posted) shall be processed by LVMH FRAGRANCE BRANDS, which may in particular be accessible to other Members via the Learning Box application.

The above-mentioned personal data will be retained until the Learning Box account becomes inactive. The account is disabled after 1 year of non-activity but the data is retained. It is only deleted if the Member does not use the Learning Box application for 3 years.

LVMH FRAGRANCE BRANDS is the data controller. The information collected above is used to create your account and allow you to use this service. For more information on the processing of your personal data and to know your rights, LVMH FRAGRANCE BRANDS staff can view our Charter on the Protection of Personal Data available on the internal network.

In accordance with applicable regulations, particularly GDPR, Members have a right to access and correct their personal data, as well as the right to request its erasure, object to its processing on legitimate grounds and request the restriction of its processing and the right to data portability to the extent applicable.

These rights may be exercised directly with LVMH FRAGRANCE BRANDS by sending an email to dpo@lvmhfb.com.

IV. CONDITIONS OF THE Learning Box STORE

Members are required to acquire badges during the course of the training. The conditions for obtaining badges are set out below.

The number of badges awarded during the quizzes and training depends in particular on the number of correct answers (100% correct answers) in the quizzes and the completion rate for the training modules (100% completion). The Member shall at any time be aware of the number of badges earned by training. The badges acquired on Learning Box are accumulated solely on the Member’s account.

Badges are personal, non-transferable and indivisible. They may only be used by the Member to whom they belong. In any event, if the Member is no longer employed at an LVMH FRAGRANCE BRANDS authorised point of sale, the Member will no longer have access to Learning Box or the Learning Box Store Programmes from the end date of this Member’s contract, with no need for LVMH FRAGRANCE BRANDS to inform this Member in advance. Persons who no longer benefit from Member status will lose their valid badges.

The validity date of the badges is specified on the Learning Box application.

Learning Box allows the winning Members of the competitions to obtain their prize via the Learning Box Store.

To be eligible for the Learning Box Store, the Member must accumulate the number of badges specified by Learning Box and be eligible for possible draws.

Therefore, each competition may be held under one of the following types of competition:

- 100% Win Competition: obtaining all badges for a given training course. This type of competition can be for a single perfume store, several stores or all of the stores.

- Competition draw: obtaining all badges for a given training course and then drawn from a number of winning Members specified for the competitions. This type of competition can be for a single perfume store, several stores or all of the stores, as well as the in-store representatives.

Each competition winner is notified by email and will then get access to the Learning Box Store to collect their gift.

Learning Box may also allow Members to be rewarded for their consistency over one year. Members just need to complete training courses (quizzes with 100% correct answers and 100% completion rate for training). The training courses to be carried out over one year will be indicated on the Learning Box application.

In order to win this annual gift on Learning Box, if this provision is organised and specified on the application, Members must meet the conditions below:

- complete all the main training courses specified on Learning Box;

- obtain all badges for each training course (quiz with 100% correct answers, 100% of the training completed).

Members eligible for the annual gift will then be notified by email and will have access to the Learning Box Store to obtain their gift.

In order for each winner to receive their prize, Learning Box asks each Member to fill in and update, if necessary, their postal details (complete address, mobile number, email) in the “My Space” tab. This information is only used by LVMH FRAGRANCE BRANDS to deliver gifts to the winning Members.

Gifts selected by Members in the Learning Box Store area will be sent to them by post, at the address indicated on their personal profile, subject to their availability within the time period specified on the dedicated page.

If the Member is absent at the time of delivery or does not collect it from the postal services or carrier, that Member shall lose the gift and LVMH FRAGRANCE BRANDS shall retain ownership thereof.

Gifts may not under any circumstances be exchanged or reimbursed. They cannot be settled in cash or by any consideration of any kind whatsoever and are not transferable. Gifts are given for strictly personal use. As a result, Members may not resell the gifts given by LVMH FRAGRANCE BRANDS in new condition within first-hand sales channels.

LVMH FRAGRANCE BRANDS reserves the right to replace the gifts announced with gifts of an equivalent or higher value without this being exhaustive, in the event of stock shortages of the original gifts or any other unforeseeable, unstoppable and external event that would make it impossible to deliver the intended gifts within a reasonable time frame.

Should a Member expressly relinquish the gift, it will be kept by LVMH FRAGRANCE BRANDS which will retain ownership thereof.

Participation in competitions is limited to one entry per household (same address, same surname). If one household has more than one winner, only one winner will be recorded.

Participation in the competition entails the simple acceptance of these rules and their application by the Organising Body.

V. PHOTOGRAPHS

The purpose of this section is to allow Members to (i) propose photographs that may be published on Learning Box and (ii) vote for the photographs of other Members.

5.1 Ownership of rights in photographs

Members, or their legal representatives if the Member is a minor, declare that they own all tangible and intangible rights relating to the photographs and persons represented therein.

Members, or their legal representatives if the Member is a minor, accept that their photographs may be published on Learning Box, as part of promoting any competition.

5.2 Good Practice

Members, or their legal representatives if the Member is a minor, undertake to only submit photographs that comply with applicable law and accepted moral standards. As a result, Members undertake not to propose content that is detrimental to an individual’s dignity, especially minors, or that is violent, pornographic or considered as propaganda. Similarly, Members undertake to observe the brand image of LVMH FRAGRANCE BRANDS and not to propose content that could be harmful to it.

As the proposed photographs are subsequently reviewed and moderated on the Learning Box application, LVMH FRAGRANCE BRANDS reserves the right, at its sole discretion, to remove photographs that do not comply with these rules of best practice or its image, not to approve a Member’s participation in this case and to deactivate the account of the Member who published them.

In this regard, LVMH FRAGRANCE BRANDS wishes to clarify that photographs refused as part of the review cannot a priori be made public with an explicit or implied association with the brand

LVMH FRAGRANCE BRANDS, particularly via social networks. The photographs submitted must comply with the following rules:

- not contain any element that is obscene, pornographic, sexually explicit or suggestive, derogatory, defamatory, insulting, racist, violent, dangerous, contrary to mandatory public policy or accepted moral standards, or which contain images of naked persons or obscene images;

- not be liable to harm an individual’s dignity or discriminate against individuals according to their age, religion, nationality, disability, sexual orientation or any other characteristic, not jeopardise the protection of minors and not encourage any criminal activity or justify it;

- not promote a political programme or message that would support a form of hatred or a group inciting hatred.

In the event that individuals or property appear in the published photographs, Members must, prior to the submission of said photographs, obtain the necessary authorisations to allow their disclosure, display and publication and their use by LVMH FRAGRANCE BRANDS on the Learning Box application. The Member shall be solely responsible for the consequences of such action.

By submitting their photographs, Members agree to comply with the Rules and accept that LVMH FRAGRANCE BRANDS may, at its sole discretion and at any time, remove their photograph for any reason whatsoever.

Members may remove their photograph by clicking on the button provided for this purpose near to where the photograph is published.

5.3 Ownership

Members, or their legal representatives if the Member is a minor, shall retain ownership of their photographs and shall grant to LVMH FRAGRANCE BRANDS, for the duration of the intellectual property rights, the right, on the aforementioned media, to:

- reproduce the photograph or have it reproduced with no limitation on number, in whole or in part, by any means and processes, on all media and materials both current and future, known or unknown, and in particular on paper or paper-derivative, plastic, digital, magnetic, electronic or computer media, via a download, video, CD, DVD or network;

- communicate the photograph to the public or have it communicated to the public by any means of current or future broadcasting and communication, known or unknown, particularly by any online telecommunications network, such as Internet, intranet, downloading, wired or wireless telephone networks.

This authorisation is granted for an unlimited period, worldwide and for non-commercial purposes. Members are informed that all data transmitted as part of the Learning Box training programme (including photographs sent by them for competitions) may be used by LVMH FRAGRANCE BRANDS, solely for the purposes of the Learning Box training programme without this giving them any remuneration, right or benefit other than the award of their prize.

Members expressly authorise LVMH FRAGRANCE BRANDS to use their photographs as part of the Learning Box training programme only for internal communications on any medium, worldwide and for the duration of the intellectual property rights, unless the Participant expressly refuses by Registered letter with acknowledgement of receipt to the address stated in Clause 15 of the Rules, which will entail the Participant’s exclusion from the Competition.

VI. LIABILITY

LVMH FRAGRANCE BRANDS shall not incur any liability if, in the event of force majeure, events beyond its control or a justified need, it is required to remove, shorten, extend or postpone the training application or modify the conditions thereof.

LVMH FRAGRANCE BRANDS will not be liable for any malfunction of the Internet network preventing the smooth running of the Learning Box training programme, Sponsorship space or Store, particularly due to external malicious acts.

LVMH FRAGRANCE BRANDS shall not be held liable in the event that one or more Members are unable to connect to the Learning Box application due to any technical fault or any problem related to network congestion.

LVMH FRAGRANCE BRANDS shall do its utmost to provide Members with available and verified information and/or tools, but cannot be held liable for errors (such as display, sending incorrect emails to Members), a lack of available information and/or the presence of viruses, data transmission delays, faults with a Member’s computer, telephone, smartphone, modem or phone line, faults with servers, Internet service providers, telephone operators, computer equipment or software, the loss of any email and more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical fault, any damage to a Member’s computer, and any kind of technical, hardware or software fault having prevented or limited the possibility of participating in the competitions or having damaged a Member’s system.

It is the responsibility of all Members to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any threat.

Members connect to the application and participate under their sole responsibility.

LVMH FRAGRANCE BRANDS may discontinue or suspend its Learning Box application in part or in full if it appears that there has been cheating in any form whatsoever, particularly in a computerised manner.

LVMH FRAGRANCE BRANDS reserves the right, in this case, not to award gifts to cheats and/or to prosecute the perpetrators of this cheating before the competent courts.

If there is any delay, strikes or events disrupting the delivery and transport of the gifts or if they are lost, LVMH FRAGRANCE BRANDS shall not be held liable for said consequences. Any complaints must be made by Members directly to the companies responsible for the delivery and transport of the gifts.

Members participate in Learning Box competitions and training and any services related thereto under their sole responsibility.

VII. AMENDMENT OF THE T&Cs

These rules can be viewed and printed at any time on Learning Box.

LVMH FRAGRANCE BRANDS reserves the right, at any time and without notice, to amend the T&Cs without incurring any liability.

VIII. DISPUTES

Signing up for and participating in activities on Learning Box are subject to French regulations. Any dispute arising from non-compliance, a disagreement and/or misinterpretation of the T&Cs will be referred to the competent courts within the jurisdiction of the Paris Court of Appeal.

Any difficulty arising related to the interpretation, validity or performance of the T&Cs and, more generally, any dispute resulting from these T&Cs that may be divisive, will come under the exclusive competence of the Courts within the jurisdiction of the Paris Court of Appeal, including in matters of urgent and interim proceedings.

LVMH FRAGRANCE BRANDS may cite, for the purposes of proof, programmes, data, files, recordings, activities and any other element of any kind whatsoever, in any format or on any medium whatsoever (including computer and electronic), established, received or stored directly or indirectly by LVMH FRAGRANCE BRANDS, particularly in its information systems.

Except in the case of obvious errors, Members expressly acknowledge that the information resulting from the Learning Box training application has probative force in any dispute regarding the connection elements and the computer processing of such information.

__________________________

PRIVATE POLICY

LVMH Fragrance Brands pays particular attention to the processing, confidentiality and safety of your personal data.

This aim of this privacy charter is to provide you with clear, simple and complete information about how we process the personal data you give us or the data we may collect while you are browsing our application called "Learning Box", how it may be transferred to third parties and your rights and options to control your personal information and protect your privacy.

LVMH Fragrance Brands, a company with headquarters located at 77 rue Anatole France 92300 Levallois-Perret, registered in the Nanterre Trade and Companies Registry under number 572082253, Siret 572 082 253 00079, is the data controller of the personal data collected on the Learning Box App, in shops and counters in the sense of regulations applying to personal data, in particular Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter the "GDPR").

I. What is personal data?

Personal data is any information about an identified physical person or a physical person that may be directly or indirectly identified via an identification number or one or more elements particular to them, such as their last name, first name, date of birth, order number, photo, etc.

II. When can we collect your personal data?

We can collect your personal data when you:

Create your account on our Application.

III. What personal data might we collect?

(i) When creating a User's account on the Application and using it, LVMH Fragrance Brands may collect certain personal information about the User, such as

Information we might collect includes:

· Your identity

· Your personal or professional e-mail address;

· Your photos that you may provide in connection with your use of the Application;

· The photos you liked;

· The use of the Application;

· Your professional information: position, perfumery sign, your axis, postal code of your store.

Personal data essential to LVMH Fragrance Brands - Learning Box is marked with an asterisk on all personal data collection forms on our website, in electronic form at some of our counters and stores, as well as off-line in paper form. If you do not fill in these compulsory fields, LVMH Fragrance Brands - Learning Box will probably be unable to respond to your request and/or provide you with the requested services. Other information is optional and enables us to get to know you better and improve our communications and services with respect to you.

(ii) Lastly, we may collect information regarding the use of our website, especially with respect to your browsing (pages visited, links clicked, etc.). Some of this information may be collected using cookies placed in your web browser when you browse our website. For more information about cookies, read point xxx of this policy.

IV. For what purpose is your personal data collected and used?

LVMH Fragrance Brands - Learning Box processes your data to:

· To access the Application and use its content;

· To allow you to personalize your account, in particular with photos of your choice;

· To carry out analyses relating to the use of the Application based on criteria such as the duration of use of the Application, the presentations consulted, etc.

V. What legal grounds legitimise the processing of your data?

LVMH Fragrance Brands - Learning Box processes your personal information:

· to perform the contract agreed between yourself and LVMH Fragrance Brands - Learning Box, to manage your access to your account ;

· As part of its legitimate interest in securing its digital media (applications) and in order to perform analyses relating to the use of the application.

VI. Who are the recipients of your personal data?

Your personal data is processed by the personnel of LVMH Fragrance Brands - Learning Box. We ensure that only authorised persons within LVMH Fragrance Brands - Learning Box have access to your personal data when this is necessary for the purpose of managing our commercial relations or meeting our legal obligations.

We may also share your personal data with;

· Other entities of LVMH Fragrance Brands;

· Our trusted third-party service providers, including other entities of the LVMH group, acting as subcontractors on our instructions and on our behalf only.

· Subcontractors such as hosting and maintenance providers of the Application:

· Our provider Teach on Mars

Lastly, LVMH Fragrance Brands - Learning Box may need to share your personal data with third parties to meet its legal, regulatory or treaty obligations, or to respond to requests from authorised legal authorities.

VII. How do we ensure the confidentiality of your data?

We ask our partners and group companies to maintain a similar level of protection for your personal data as we do. We take reasonable precautions to ensure the confidentiality and security of your data. We prevent your data from being distorted, damaged, destroyed or accessed by unauthorized third parties.

VIII. Transferring data abroad

Some recipients of your personal data may be located abroad, including outside of the European Economic Area.

All data transfers outside of the European Economic Area are subject to appropriate guarantees, especially contractual, technical and organisational guarantees, that comply with applicable regulations relating to the protection of personal data.

IX. How long do we keep your data?

We keep and proceed your personal data for as long as it is required in order to fulfil the purposes described in this Privacy Policy and if it may be required by law such as for tax and accounting purposes.

The above-mentioned personal data will be retained until the Learning Box account becomes inactive. The account is disabled after 1 year of non-activity but the data is retained. It is only deleted if the Member does not use the Learning Box application for 3 years.

Where cookies are placed on your computer, we shall keep them for no more than 6 months.

When we no longer need to use your personal data, it is removed from our systems and records or anonymised so that you can no longer be identified from it.

X. What are your rights and how can you exercise them?

Under current regulations, particularly the GDPR, you have the right to access and correct your personal data, request erasure, object to processing on legitimate grounds and obtain limitation or portability, insofar as this is applicable.

You can exercise these rights directly with LVMH Fragrance Brands - Learning Box by sending an email to dpo@lvmhfb.com for LVMH Fragrance Brands employees and lvmhfbtrainingcorporate@gmail.com for people outside LVMH Fragrance Brands using the Application.

For Belgium, you have the right to lodge a complaint with the Data Protection Authority (DPA), rue de la Presse 35, 1000 Brussels - www.privacycommission.be

For Luxembourg, you have the right to file a complaint with the Commission Nationale pour la Protection des Données, 15, Boulevard du Jazz, L-4370 Belvaux - www.cnpd.lu

In the Netherlands, you have the right to lodge a complaint with the Autoriteit Persoonsgegevens, Prins Clauslaan 60, Postbus 93374, 2509 AJ DEN HAAG - https://autoriteitpersoonsgegevens.nl/en

XI. Contact details of the Data Protection Officer (DPO)

For all questions relating to the collection and processing of your data by LVMH Fragrance Brands -Learning Box, you can contact the LVMH Fragrance Brands - Learning Box Data Protection Officer at dpo@lvmhfb.fr for LVMH Fragrance Brands employees and lvmhfbtrainingcorporate@gmail.com for people outside LVMH Fragrance Brands using the Application.