When logging in, browsing, accessing, utilizing or otherwise using the web site www.lecouventdesminimes.com.mx (hereinafter the "Le Couvent Web page"), You (hereinafter and indistinctively, "You" or the "User") hereby agree to observe these Terms and Conditions and privacy Policies and therefore, You hereby fully agree and abide, without any reservation whatsoever, with any and all provisions set forth herein, including, without limitation, any supplemental, substituting and/or modifying terms and conditions hereof. Thus, You agree and oblige to read and be aware of the scope of these Terms and Conditions and of such Privacy Policies, taking into consideration that the same may be modified from time to time.
The use given by User to the Le Couvent Web page after any changes or modifications are made thereto, will assume full and entire acceptance of such changes or modifications by User
Pursuant to the terms of the Federal Law of Protection of Personal Data under Possession of Private Parties (‘Ley Federal de Protección de Datos Personales en Posesión de los Particulares’, the "Privacy Law"), L’Occitane México, S.A. de C.V. or any other entity member of L’Occitane group, its affiliates, subsidiaries or related parties (jointly referred to as “L’Occitane”) make this notice available to You (the “Privacy Notice”) and, consequently, hereby informs you that L’Occitane protects and safeguards your personal data in order to avoid any loss, damage, alteration, destruction, unauthorized use, access or undue disclosure thereof, in accordance to the guidelines and principles set forth in the Privacy Law.
In view of the foregoing, L’Occitane hereby informs You the following:
(1) Responsible Person. L’Occitane México, S.A. de C.V., having its address at Aristóteles No. 87, Colonia Polanco Chapultepec, Delegación Miguel Hidalgo, México, Distrito Federal, México, C.P. 11560, is the responsible entity of gathering and protecting your personal data. In compliance with the Privacy Law, L’Occitane has created and appointed a specific department that shall be in charge of safeguarding the physical, administrative and technologic safety of your personal data, which is identified as:
Personal Data Protection Area
Aristóteles No. 87
Colonia Polanco Chapultepec
Delegación Miguel Hidalgo
México, Distrito Federal
México, C.P. 11560
(2) Personal Data Gathering. Any personal data that You provide on a free and voluntary basis to L’Occitane, whether through the use of Le Couvent Web page, in writing, via telephone, e-mail or otherwise, may include (i) name, (ii) address, (iii) telephone number, (iv) e-mail, (v) tax identification number, (vi) single population registration code, (vii) social security number, (viii) nationality, among other personal data.
(3) Purpose of the Treatment of Personal Data. Any personal data that You provide to L’Occitane may be used in Mexico or abroad, for different purposes and for business activities, including without limitation (i) for the purposes set forth in the Terms and Conditions and Privacy Policies of the Le Couvent Web page, for the purposes set forth in Article 10, section IV of the Privacy Law, (ii) to perform internal studies about the interests, profiles and behavior of Users in such manner that L’Occitane is able to provide better services, products and contents according to the needs and preferences of users, (iii) for administrative purposes such as risk management, (iv) to comply with legal obligations or intended to meet certain needs in order to resolve or defend complaints or claims, and (v) to carry out research and analysis and to prepare statistical reports.
During the gathering and treatment of personal data provided by You, L’Occitane observes the legality, quality, consent, information, purpose, loyalty, proportionality and responsibility principles, according to the provisions of the Privacy Law.
You hereby expressly agree that your personal data are used and treated under the terms of this Privacy Notice and under the Terms and Conditions and Privacy Policies set forth in the Le Couvent Web page.
(4) Disclosure. L’Occitane has hired the services of third parties in order to comply with the obligations assumed under the Terms and Conditions and Privacy Policies of the Le Couvent Web page, among other activities associated therewith or to L’Occitane’s operation, including certain promotion and marketing activities of Le Couvent des Minimes products, personal data management or for verification purposes. In view of the foregoing, L’Occitane may transfer your personal data to third parties without commercial purposes and/or share such information with its affiliates, subsidiaries or related parties in order to provide you a better service.
Under no circumstance L’Occitane shall sell or trade your personal data without your prior authorization.
It is understood that You agree with the treatment and transfer of your personal data, unless you object to the transfer thereof.
(5) Safety and Control Measures for the Protection of Personal Data. L’Occitane has implemented technical, administrative and physical safety measures intended to protect your personal data and to avoid any loss, damage, alteration, destruction, unauthorized use, access or undue disclosure and requires third parties with whom L’Occitane transacts to undertake the same safety measures. Likewise, as to anything regarding the information related to minors, L’Occitane shall comply strictly with all measures and guidelines required under the Privacy Law. We recommend parent, guardian or the minor’s representative’s supervision in the event minors browse and use the Le Couvent Web page.
(7) Access, Rectification, Cancelation and Opposition Rights (“ARCO” as per their initials in Spanish ‘Acceso, Rectificación, Cancelación y Oposición’). You are entitled to exercise the ARCO rights, under the terms of the Privacy Law and according to the following:
(i) Right to Access your Personal Data. Upon prior verification of your identity, You have at all times the right to access your personal data in possession of L’Occitane through the Personal Data Protection Area referred to in paragraph (1) of this Privacy Notice.
(ii) Right to Rectify your Personal Data. You are entitled to request the rectification of your personal data under possession of L’Occitane, by specifying which data are subject of rectification and stating the correction to be made. This request shall be accompanied by the documentation supporting the request.
(iii) Right to Cancel your Personal Data. You are entitled at all time to cancel your personal data through the means set forth in this Privacy Notice, which shall result in the suspension of treatment of your personal data by L’Occitane, by its corresponding blocking and removal.
(iv) Right to Oppose treatment of your Personal Data. At all times You shall be entitled to oppose to treatment of your personal data or to demand the suspension of such treatment if (x) there is legitimate cause and your specific conditions require such suspension, justifying that, notwithstanding treatment of such data is legal, persistence of treatment thereof causes any damage to You, or (y) You refuse to the treatment of your personal data for specific purposes.
(v) Exercise of ARCO Rights. You may exercise your ARCO Rights through the delivery of letter or e-mail sent to the Personal Data Protection Area referred to in paragraph (1) of this Privacy Notice. Such communication shall include at least, the following:
(a) Name, address and e-mail or any other data enabling L’Occitane to inform You on your request;
(b) Documents evidencing your identity or legal representation;
(c) Accurate description of the access, rectification, cancelation or opposition to treatment of your personal data;
(d) Express revocation of the consent to use Your personal data, if any; and
(e) Any other factor tending to clarify your request.
The exercise of the right to oppose treatment of your personal data shall not apply in case such treatment is necessary to comply with any obligation imposed on L’Occitane.
Within the next fifteen (15) days after the date on which You receive the response from L’Occitane or within the period of time provided by the Privacy Law in case no such response is received, You may initiate the ARCO rights protection process before the Instituto Federal de Acceso a la Información y Protección de Datos Personales (‘IFAI’ or Federal Institute of Access to Information and Protection of Personal Data).
(8) Modifications. L’Occitane may modify this Privacy Notice, in which case, any changes shall be informed to you through Le Couvent Web page.
(9) Acceptance. User agrees that, by using Le Couvent Web page he/she agrees and accepts that he/she has read, understood and agreed with the terms of this Privacy Notice. If You do not agree with these terms we urge you not to use Le Couvent Web page and refrain from providing your personal data.
For the purposes of this section (‘Privacy Notice’) any capitalized terms and/or definitions shall have the meaning set forth in the sections ‘Terms and Conditions’, ‘Sales Policies’ and ‘Intellectual Property’, unless otherwise defined herein.