LEGAL INFORMATION
LEGAL INFORMATION
PUBLISHER
PIERRE FABRE MEDICAMENT, a French simplified joint-stock company (SAS) with a capital of 29,182,454 Euros,
Head office located at 45 place Abel Gance 92100 Boulogne Billancourt, France
Registered on the NANTERRE company register under SIREN business identification number 326 118 502,
With EU VAT number FR35 326 118 502,
Acting in the name of and on behalf of its department ‘PIERRE FABRE ORAL CARE’ located at Les Fontaines - 29 Avenue du Sidobre - 81106 Castres - France.
(Hereafter referred to as ‘PFM’).
PUBLISHING DIRECTOR
Mr Pascal Lefrançois, Director of Pierre Fabre Consumer Health Care
WEBMASTER
contact.pierrefabreoralcare@pierre-fabre.com
WEB HOST
CIS-VALLEY
Rue de l’Hermite – CS 70081 - 33523 BRUGES Cedex - France
Email contact: communication@cis-valley.fr
GENERAL TERMS AND CONDITIONS
These general terms and conditions determine the conditions of use of the www.pierrefabre-oralcare.fr website (hereafter referred to as the ‘Website’) which you (hereafter referred to as the ‘User’) tacitly accept when you consult this website.
If the User does not accept these terms and conditions, PFM requires them to leave the Website.
If the User is a minor, they undertake to consult the Website only in the presence of their parents or guardians who have previously accepted these terms and conditions.
These general terms and conditions may be modified at any time without prior notification. They are governed by and interpreted in accordance with French law.
GENERAL TERMS AND CONDITIONS OF USE
The Website which can be consulted at the address http://www.pierrefabre-oralcare.fr, is available under certain conditions, which the User agrees to read and follow.
Use and consultation of the Website is restricted to personal and non-commercial purposes. The User agrees not to use all or part of the Website for illicit purposes (copyright) or contrary to these terms and conditions of use.
By consulting the Website, the User agrees to respect the terms and conditions of use, as displayed at the date on which the Website is visited.
Purpose of the Website
The Website has been created to provide the User with educational information on health and to provide information about products from the PIERRE FABRE ORAL CARE® brand (therapeutic indications, mechanisms of action, etc.).
Communication relating to products from the PIERRE FABRE ORAL CARE® brand is subject to specific regulation, therefore the Website is separated into two distinct parts, clearly and legibly identified for the User: ranges of health care products with marketing authorisation, complying with regulations regarding Medication, and ranges of health care products outside the marketing authorisation scheme.
The Website does not constitute a contractual offer. This Website publishes non-contractual information with a view to providing educational information on health, describing all of the products from the PIERRE FABRE ORAL CARE® brand, but not for the purpose of directly offering products or services for sale.
Insofar as this Website is updated taking all activities into account, some new information or announcements may no longer be in effect at the time at which they are posted, or may simply have become outdated. PFM cannot guarantee, despite making every possible effort, that all information or news displayed on this Website will always be completely up to date.
Registration and personal data
Registration is not compulsory for this Website in order to consult its contents.
PFM will never require the User to communicate personal data with regard to the part devoted to health care products with marketing authorisation on the Website.
Notwithstanding the foregoing, in order to take advantage of promotional and/or customer loyalty operations, exclusively for health care products outside the marketing authorisation scheme, PFM may collect personal data regarding the User solely for the purpose of organising said operations. This personal data will be processed automatically and may be intended for the purposes of contacting the User.
In accordance with the provisions of the amended French law no. 78-17 dated 6 January 1978, its subsequent amendments, and European directive no. 95/46/EC, related to the protection of personal data, the User is hereby informed that they have the right to access, oppose, correct and remove their data. In order to exercise these rights, the User simply sends a request to PFM at the following address: INFORMATIONS CONSEILS PIERRE FABRE SANTE - BP 100 - 81506 LAVAUR CEDEX FRANCE.
Subject to having received prior express consent from the User when collecting personal data, PFM may send the User direct marketing material by email and/or may have reason to transfer data about the User to the service provider of its choice, for the sole purposes of organising promotional operations and, in particular, giving gifts and/or reimbursements.
PFM undertakes to keep confidential the personal data transmitted by the User as they use the Website.
Following advice offered on the Website
Computer applications containing family health advice about products in the PIERRE FABRE ORAL CARE® brand range and their associated conditions are made available to the User on the Website (hereafter referred to as the ‘Applications’).
PFM does not accept a performance obligation but rather a best efforts obligation with respect to advice offered to the User on the Website.
PFM gives no express or implied guarantee and does not accept any liability relating to the use of this advice and of recommended products. These are given for information only and must be confirmed by qualified health care professionals.
The User acknowledges and accepts that this information is to be used under their sole responsibility and control.
Consequently, consulting the sections of the Website in no way relieves the User of the need to obtain personalised advice from a doctor, pharmacist or health care professional, who are the only individuals qualified to provide the User with advice suited to their particular situation.
For further information and/or if in any doubt, the User may contact PFM at the following address: contact.mon-partenaire-sante@pierre-fabre.com.
Links
PFM may provide links to external websites and/or applications that may or may not belong to the PIERRE FABRE Group. These websites and/or applications are independent of the Website.
PFM does not publish or check the sources and content of these websites and/or applications, or their links with other websites and/or applications.
Links to these websites and/or applications do not in any way constitute approval, confirmation or acceptance by PFM of the content of such websites and/or applications.
Consequently, PFM cannot be held liable for the content, products, services, advertising, cookies or any other elements of these websites and/or applications, nor for any damage or loss, whether proven or alleged, occurring as a direct result of or in relation to the use of the information, services or data available on these websites and/or applications.
No hypertext link to the Website may be created without prior written authorisation from PFM. Authorisation requests must be sent to the following contact address contact.mon-partenaire-sante@pierre-fabre.com. Any unauthorised use constitutes an infringement punishable by law.
Guarantee
PFM undertakes to verify that the content of its Website complies with current French legislation.
PFM undertakes in particular to refrain from publishing any data that infringes the rights of third parties or that is violent, pornographic, libellous in nature and to refrain from publishing any illegal content, in particular content that is racist, xenophobic or paedophilic in nature or that is otherwise prejudicial to human dignity.
PFM does not guarantee the accuracy or comprehensiveness of the information provided on this Website.
The documents that PFM posts in electronic format on this Website have been proofread several times; nonetheless, they may contain errors. Should the User find any such errors, they should notify PFM, via the following address: contact.mon-partenaire-sante@pierre-fabre.com; PFM will make the corresponding corrections if they are warranted. In addition, published documents may have been updated between the time at which the User first views them and the time at which they are read. PFM offers no guarantee whatsoever that the information made available is accurate, complete and up to date.
Liability
Despite the fact that PFM has taken all necessary measures to ensure the reliability of the information and services contained on this site, it may not be held liable for any mistakes, omissions, viruses or outcomes resulting from their misuse.
PFM may not be held liable for direct or indirect consequences and/or any damage resulting from malfunction or hacking of the Website.
PFM shall only be bound by a best efforts obligation.
PFM, and its directors or members of staff may not be held liable for:
- any damage whatsoever resulting from connection or access to or use of this Website;
- any damage resulting directly or indirectly from consultation of this Website or from use of the information it provides;
- any direct or indirect damage resulting from use of this Website, in particular any operating, financial or commercial losses, or program or data destruction in any computer system, even if PFM has previously been informed of the possibility of such damage.
More generally, PFM offers no guarantee, express or implied, as regards all or part of the Website.
Users of the Website undertake not to introduce any virus or file of any kind that might adversely affect the running of the Website, whether intentionally or unintentionally; in such an event they alone shall be fully liable.
Wishing to be fair to all Users, PFM may institute legal proceedings against any dishonest Users.
The User declares and guarantees that they are entirely familiar with the features and constraints of the Internet, and in particular are aware that the transmission of data and information over the Internet is never fully reliable from a technical standpoint, as information is exchanged via heterogeneous networks offering different technical characteristics and capabilities that can occasionally disrupt or prevent access.
PFM strives to ensure that its pages are accessible seven days a week and 24 hours a day, but is not bound by any obligation in this respect. Access to the Website may therefore be interrupted, in particular for maintenance and updating purposes. PFM also reserves the right to modify, suspend or even bring to an end the publication of all or part of this Website, in particular links to other websites, at any time and without prior notice. PFM cannot under any circumstances be held liable for any such interruptions or any consequences thereof suffered by the User or any third party.
Under no circumstances may the Website be held liable for any loss of data or any deterioration incurred in relation to such data. No information or advice provided by the Website may be interpreted as constituting any kind of guarantee.
Security
Since the Internet is an open network, PFM cannot guarantee that data will not be fraudulently accessed by a third party. PFM does not control the risks relating to the Internet and the way it operates. The User should be aware that there may be risks of isolated data loss or impaired confidentiality of data transferred via this network.
Intellectual property rights
Provision of the Website does not imply the transfer of any property right related to the Website. The User is only granted a licence to use the Website free of charge, on a non-exclusive basis and for their private use.
For this reason, Users are prohibited from copying or reproducing all or part of these Applications by any means whatsoever and on any existing or future medium, from altering or translating the Applications into any other language, or from representing the Application by any means whatsoever.
All of the content of this Website and each of its individual elements (all product names or brands mentioned, architecture, texts, photographs, images, films, illustrations, etc.) are the exclusive property of PFM or its technical service providers and is covered by French legislation and international copyright law and intellectual property rights in general.
PFM also informs the User that photographs or distinguishing signs may also constitute intellectual property rights.
The reproduction of all or part of this Website on any electronic medium whatsoever is strictly prohibited unless specifically authorised by the Website's Publishing Director.
The trademarks and logos used on this Website have been registered, and their reproduction constitutes an infringement.
All rights reserved, including visual, photographic, iconographic or other representations. In accordance with article L.122-4 of the French intellectual property code, any representation or reproduction that is not specifically authorised, whether full or partial and by any process whatsoever, is illegal and constitutes an infringement punishable as stipulated in articles L. 335-2 et seq of the French intellectual property code.
Cookies and other tracers
A ‘cookie’ is a small computer file representing a block of digital data sent to your browser by a web server and stored on the hard disk of your computer, your digital tablet or your telephone (hereafter collectively termed ‘the Equipment’).
For the purposes of this section, the term ‘cookies’ refers to any technology referred to in article 32-II of the French law dated 6 January 1978, as amended.
Some cookies may contain private information that will identify you as a physical User and/or identify your Equipment. They allow the Website to identify the parts of our activity which interest you and thus provide you with content that is likely to match your interests. It is stated in this regard that the period for which the information recorded by the cookies is stored on your Equipment may not exceed thirteen (13) months.
In particular, the Website makes use of cookies in order to collect statistics (e.g. an estimate of the number of Website visits, the geographical regions in which the Users are located), in order to improve the operation of the Website and your browsing experience (e.g. to prioritize or optimize our Website for a particular type of browser and type of colour display) and to ensure browsing security, especially by counteracting fraud and spam email.
Third-party cookies may also be stored on your Equipment and are aimed at personalizing and/or improving the content, including advertising, which may be used during your browsing session. Depending on the medium, various third-party cookies may be stored, in particular:
- Social network cookies may be installed on your Equipment when you make use of one of our media on which content from social networks is published. Please take note of the policy regarding the management of such social network cookies on the websites of the social networks concerned.
- Flash® cookies are files stored by the Flash® software installed to display dynamic objects such as animated graphics or video sequences. Thus Flash® cookies may be installed when using the Flash® application. Please take note of the policy regarding the management of Flash® cookies on the website of the software publishing company.
- Targeting cookies defined by a third party such as an advertiser may be used to display advertisements that are better targeted for you or your interests. For example, you may be presented with advertisements for our products when you visit other websites. They can also be used to limit the number of times an advertisement is displayed and help assess the effectiveness of an advertising campaign. These cookies also trace your visits to different websites.
Moreover, we may place our own cookies onto media belonging to third parties who are our partners and who advertise our brands and/or our products. Such cookies are mainly intended to present you with content suited to your interests and to keep a record of visits to our content (including advertisements).
By continuing to browse our Website, you accept our use of cookies in accordance with the description given in this section.
Internet browsers are usually configured to accept cookies. You can of course object to their presence and refuse or delete them. To this end, it is possible to remove them from your Equipment by consulting the help page of the browser you are using, or by rejecting cookies by deactivating this feature in your browser.
To modify these settings, access your browser's ‘Options’ or ‘Preferences’ menu. The following links, for the most commonly used browsers, may be useful for learning more about these settings. Otherwise, use your browser's ‘Help’ option for more details.
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Google Chrome
- Cookie settings in Safari and iOS
The methods of deactivating cookies are specified on the CNIL (French Data Protection Authority) Website, in the section relating to “cookies and other trackers” which can be consulted at the following address: https://www.cnil.fr/en/home.
Remember that if you use different Equipment in different locations, you should ensure that each browser is correctly configured for your cookie preferences.
You may amend your settings regarding the acceptance or refusal of our cookies at any time.
Please note that, if you deactivate the cookies, certain Website content will become inaccessible to you and you may therefore not necessarily have access to all the functions of this Website.
Miscellaneous provisions
In the event that any provision of these General Terms and Conditions of Use becomes invalid or if they should prove to contain any omission, the provision in question will be replaced by another provision which resembles the original provision as closely as possible from a legal standpoint.
If the User is not satisfied with all or part of the Website, or if the User does not agree with these General Terms and Conditions of Use, their only remedy is to discontinue use of the Website.
Browsing the Website, or using the Website in general, necessarily implies that the User has read these General Terms and Conditions of Use and fully agrees with them.
For any queries regarding these General Terms and Conditions of Use, or for any questions or comments regarding the Website, the User can contact PFM at the following address: contact.mon-partenaire-sante@pierre-fabre.com.
Applicable law and Jurisdiction
These General Terms and Conditions of Use are governed by and interpreted in accordance with French law.
Any dispute that may arise in the interpretation or implementation of this end user licence agreement that cannot be resolved amicably will be submitted to the competent Courts for the location where the defendant resides.