Article 1 – The publisher of the Website
The purpose of these Terms of Use is to set out the terms of use for the website www.mybeautyDNA.com (hereinafter referred to as the "Site").
The Site is published by BR USA, 261 5th Avenue, Suite 2000, NY 10016, NEW YORK, UNITED STATES
Article 2 – Acceptance and Modification of the Terms of Use
All use and browsing of the Site implies express acceptance of the Terms of Use.
The Company reserves the right to modify the Terms of Use at any time and it is the responsibility of the user of the Site (hereinafter referred to as the "User") to regular consult the Terms of Use, these modifications taking effect when they are published on the Site.
Article 3 – Ownership of the Site
The Site is the exclusive property of the Company.
Rights, in particular intellectual property rights protecting trademarks, logos, designs, models, information, texts, images, software, databases or more generally any elements of the Site that could be protected by intellectual property rights or by any other national or international provision in force (hereinafter referred to as the "Content"), are the exclusive property of the Company or reproduced on the Site with the consent of the third-party owners.
Any use, exploitation, reproduction, display and/or redistribution, in full or in part, of the Content on any medium is prohibited unless the Company has given its express prior authorisation in writing.
Any use of the Site and/or the Content by the User that is unauthorised or breaches the Terms of Use may incur their criminal and/or civil liability, and the Company reserves the right to press charges.
Hyperlinks linking to the Site can only be created with the Company's prior written authorisation.
Article 4 – Liability
4.1. The Site's Content
Use of the Site by the User is entirely at their own risk.
The Company cannot be held liable for any use by the User of the Content and/or the Site, including in particular direct or indirect harm, loss or damage (in particular financial or material loss, or loss of data) linked to this use.
The information on the Site is provided as a guide only and under no circumstances constitutes a contractual undertaking. The Company does not guarantee the appropriateness, legality, probity or quality of this information.
In addition, the Site may contain hyperlinks to other websites managed by third parties over which the Company has no control. In consequence, the Company cannot under any circumstances be held liable for the content, information, products and/or services published or offered on these websites.
4.2. Information related to the results of DNA tests
The Site places at the disposal of Users the results of the DNA tests that have been carried out after their purchase of a "My Beauty DNA" DNA sample kit from a beauty centre (hereinafter referred to as a/the "Kit").
Users must verify that the supply of kits by the Site is not the subject of any export prohibition or restrictions in the country in which the User resides.
These results are accessible via the client access tab, after having entered the Kit number and the security code given to the User at the time of the purchase of their Kit.
The Company cannot be held liable for information relating to the results of the DNA tests made available to the User via their client access area.
On this score, the Company cannot be held liable for the legal, material, social, psychological or moral consequences linked to the results of the DNA test.
The User is aware that some of the information received may be unexpected and they assume responsibility for all possible consequences resulting from the test data and the sharing of this data.
4.3. Use of the Site
The Company is bound only by a general best-efforts obligation and does not guarantee that the Site corresponds to the User's requirements.
The Company cannot be held liable for any problems that occur owing to the computer or device environment of the User or poor configuration of their equipment (technical malfunctions or failures, communication networks malfunctions or failures) or difficulties in connecting to the Internet.
The User acknowledges and accepts that access to the Site may be suspended or halted during maintenance work, updating, technical malfunctions, breaches of the automatic data processing systems or difficulties in connecting to the Internet, without its being possible for the Company to be held liable on this score.
Article 5 – Personal data
The only data collected and processed by the Company is:
- the Kit number and the security code supplied by the User when they connected to their client area,
- the securely transmitted results of the DNA analysis, which are downloadable from the Site.
Processing is based on Users' consent.
The purpose of the processing is to carry out a DNA analysis concerning cutaneous genetic predispositions using a saliva sample, enabling the transmission to the User of the results of this analysis concerning them. No other genetic analyses will be carried out using the samples.
This data will be collected and processed by the Company in a totally anonymised manner in order to enable the User to connect to their client area.
No personal data (surname, first name, email address, etc.) is collected via the Site. No other data is collected and/or processed by the Company.
Under no circumstances will this data be transmitted to third parties, with the exception of
- The laboratory entrusted with carrying out the analysis, namely Tree Family, 1445 North Loop West, Suite 820, Houston, Texas 77008, USA.
- The Lifenome company, which stores the analysis reports on its servers, 1460 Broadway, 6th Floor, New York, NY 10036, USA
The analysis report will remain stored on Lifenome's servers for a period of one year as from the time when they were made available, and will be deleted from their servers on the expiry of this timeframe.
At all events, the User will benefit from the following rights concerning the personal data processed by the Company: the right to access it, have it rectified, have it transmitted in the event of their death, request its deletion, request that its processing be limited, object to its processing, and the right to portability of this data.
These rights may be exercised by sending a letter to: contact@mybeautydna.com
The User may make any claim relating to the exploitation of their personal data to the supervisory authority for the protection of personal data by sending a letter to their country's authority responsible for the protection of personal data.
We set in place legal, physical and technical measures to ensure the security of your data. The Company has set in place measures to prevent any inappropriate access, loss, misuse or modification of the data in our possession (the Site is in the HTTPS format).
We regularly examine our practices in the areas of security and confidentiality and improve them if necessary in order to ensure the integrity of our systems and your data. We use a secure protocol to encrypt the data and we work solely with security firms which meet and undertake to comply with our security standards. Although the Company cannot guarantee that no misuse, loss or modification of the data will occur, we make reasonable efforts to prevent this. It is also important that you protect yourself against any unauthorised access to your personal data by keeping secret the Kit number and security code given to you and prevent any unauthorised person from using your own computer or device.
Article 6 – Cookies
Cookies are small electronic files which request authorisation to be stored on the User's computer or device.
The Site only uses cookies that monitor the Site's audience and traffic, and does not use any identification cookies.
These cookies may be used by the Company to monitor the volume, type and configuration of the Site's traffic, purely for statistical purposes.
The User may disable cookies at any time by modifying the configuration parameters of their browser. However, disabling cookies may alter access to or make it impossible to access some of the Site's services.