I. IDENTIFICATION 

PARFUM FRANCIS KURKDJIAN (“PFK”), a French Simplified Joint Stock Company with a capital of 113 140 euros, registered with the Paris Trade and Companies Register under number B 508  343 886, n° TVA: FR95508343886, having its headquarters at 41 rue Etienne Marcel, 75001 Paris (France) has created a free, no-obligation training program for ambassadors and staff of authorized PFK distributors registered on the MFK Backstage training application accessible on smartphones via the Appstore and Playstore (hereinafter referred to as "The Application").

Contact PFK: 01 42 77 40 33 and/or contact@franciskurkdjian.com

Application Manager: Mr Arnaud Sabadie, Chief Operating Officer of Maison Francis Kurkdjian.

II. TERMS & CONDITONS FOR REGISTRATION AND USE OF THE APPLICATION

2.1 Conditions of registration and participation

2.1.1 Acceptance of general terms & conditions

Registration for the Application 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 (hereafter “T&Cs”). Failure to comply with the T&Cs will result in the cancellation of registration and therefore the loss of all benefits granted by access to the Application (loss of points obtained, suspension of gift orders being processed, etc.). PFK reserves the right to:

- exclude from the Application any Member who fails to comply with the T&Cs,

- take legal action against any person attempting to cheat or interfere with the proper operation of the Application.

PFK may decide to terminate certain activities on the Application if it appears that there has been obvious cheating in any form whatsoever, in particular by computer, in connection with participation in these activities and/or the determination of the winners.

In this respect, Members are informed that PFK has put in place the technical means necessary to demonstrate the validity of registration and participation in activities on the Application.

PFK records and archives all data relating to the registration and participation of Members in training courses and activities on the Application (information entered, date and time of participation, etc.) in accordance with the regulations relating to personal data set out in the legal notice and these T&Cs, where applicable.

It is agreed that, in the absence of manifest error, the data contained in PFK's information systems constitute conclusive proof of the validity of a Member's registration and participation.

2.1.2 Registration

Persons eligible to apply for membership (hereinafter referred to as “Member(s)”) may only be:

- brand ambassadors and/or staff members of PFK authorized distributors, operating in a PFK authorized outlet, who have completed all the information mentioned on the registration page in the "Create an Account" section of the Application;

- in-store representatives working in a PFK-authorized point of sale, under contract with PFK partner temporary employment agencies and who have completed all the information mentioned on the registration page in the "Create an account" section of the Application;

- PFK staff on fixed-term/permanent contracts and trainees.

On the Application, a validation code is required to validate the registration of new Members. This validation code is given by PFK field ambassadors, interim representatives and head office, and is strictly reserved for Members.

Any person under the age of 18 must obtain prior authorization from the person(s) with parental authority (parent(s) or guardian) to be a Member.

PFK may request any employee of an authorized distributor to provide proof of such authorization and, where applicable, may withdraw the status of Member from an employee of an authorized distributor who is unable to provide such proof.

The terms and conditions of registration and participation in the Application's training challenges are presented to the personnel of approved PFK distributors in PFK-approved points of sale, by PFK sales representatives by any means (namely in writing or orally) and by any means of communication addressed to the approved PFK distributor (poster, instruction sheet, etc.).

You can join the Application at any time. To date, no end date has been set. However, PFK reserves the right to terminate membership at any time if the Application is not used within one year of a Member's registration, or if a Member's contract with PFK-approved distributors operating in a PFK-approved point of sale, or partner temporary employment agencies, or if the contract of a PFK internal staff member, is terminated.

2.2 Application content and operating procedures

Registration to the Application enables Members to:

- receive updates about the Maison Francis Kurkdjian brand and/or their products;

- partake in contests and challenges as part of a training course

- take part in quizzes;

- comment on and like the content of the application;

- receive gifts when they are eligible under the terms of the contests and challenges. 

III. PERSONAL DATA

PFK is responsible for your personal data. The data collected by PFK to operate the Application is required, for example, to enable you to create an account on the Application or to manage your training course.

After one year of inactivity, your MFK Backstage account will be deactivated, but your data will be retained. Your data will be deleted after 2 years of inactivity on your MFK Backstage account.

In accordance with the French Data Protection Act and European Regulation 2016/679 of April 27, 2016, known as the General Data Protection Regulation (GDPR), you have the right to access and rectify your personal data at any time, as well as the right to request its deletion, to oppose its processing for legitimate reasons and to obtain its limitation or portability, where applicable.

For further information on the processing of your personal data and your rights, please consult the privacy policy associated with the Application.

IV. TERMS CONCERNING MFK BACKSTAGE CONTESTS AND CHALLENGES

Members are required to acquire badges during training. The conditions for obtaining badges are specified below.

The number of badges awarded during quizzes and training courses depends primarily on the number of correct answers to the quizzes (100% correct answers) and the completion rate of the training modules (100% completion rate). The Member is informed at all times of the number of badges obtained by the training course. Badges obtained on the Application are accumulated on the Member's account only.

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 in an approved PFK point of sale, he/she will no longer have access to the Application, to MFK Backstage training programs or to MFK Backstage contests and challenges as of the date of termination of this Member's contract, without PFK having to inform this Member in advance. Persons who cease to be Members will lose their valid badges.

The validity date of badges is specified on the Application.

MFK Backstage enables members who participate in MFK Backstage contests & challenges to enter prize draws and win prizes.

To be eligible for the draw, a Member must accumulate the number of badges specified by MFK Backstage.

Consequently, each competition and challenge can be organized according to one of the following types:

- 100% winning challenge: earn all badges for a given training course.

- Random draw: obtain all badges for a given training course, then random draw from a number of winning Members specified for the training course.

Each winner of the training challenge will be notified by e-mail and will then be asked to confirm his or her contact details for PFK to deliver the prize to the address of his or her choice.

Prizes will be sent to winning Members by post, to the address confirmed by e-mail, subject to availability within the time period specified on the dedicated page.

If the Member is absent at the time of delivery or does not pick up the gift from the postal service or carrier, the Member will lose the gift and PFK will retain ownership of it.

Gifts cannot be exchanged or reimbursed under any circumstances. They cannot be paid for in cash or by a compensation of any kind whatsoever, and are not transferable. Gifts are offered for strictly personal use. Consequently, Members may not resell gifts offered by PFK in their original condition in first-hand sales channels.

PFK reserves the right to replace the advertised gifts with gifts of equivalent or greater value, without this being exhaustive, in the event of stock-outs of the original gifts or any other unforeseeable, unstoppable and external event which would make it impossible to deliver the intended gifts within a reasonable time.

In the event of the Member's express waiver of his or her gift, the latter will be retained by PFK, which will remain its owner.

Participation in the challenges is limited to one entry per household (same address, same surname). If a household has several winners, only one winner will be recorded.

Participation in the challenge implies acceptance of the present rules and their application by the Organizing Body.

V. PHOTOGRAPHS

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

5.1 Ownership of photographic rights

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

Members, or their legal representatives if the Member is a minor, accept that their photographs may be published on the Application, as part of the promotion of any challenge.

 5.2 Best practices

Members, or their legal representatives if the Member is a minor, undertake to only submit photographs that comply with applicable law and good moral standards. Consequently, Members undertake not to submit any content that violates the dignity of persons, particularly minors, or that is violent, pornographic or considered to be propaganda. Likewise, Members undertake to respect PFK's brand image and to refrain from proposing any content that might damage it.

As the photographs submitted are subsequently reviewed and moderated on the Application, PFK reserves the right, at its sole discretion, to delete photographs that do not respect these rules of best practices or its image, not to approve a Member's participation and/or to deactivate the account of the Member who published them.

In this respect, PFK wishes to make it clear that photographs rejected as part of the review may not a priori be made public with an explicit or implicit association with the PFK brand, particularly via social networks. Photographs submitted must comply with the following rules:

- not contain elements that are obscene, pornographic, sexually explicit or suggestive, derogatory, defamatory, insulting, racist, violent, dangerous, contrary to compulsory public order or morality, or that contain nude images or obscene images;

- not be likely to offend the dignity of an individual or discriminate against him or her on the grounds of age, religion, nationality, disability, sexual orientation or any other characteristic, not jeopardize the protection of minors and not encourage or justify criminal activity;

- not promote a program or political message that supports a form of hatred or a group that incites hatred.

In the instance of persons or property appearing in the published photographs, the Member shall, prior to submitting said photographs, obtain the necessary authorizations to allow their disclosure, display and publication as well as their use by PFK on the Application. The Member shall be solely responsible for the consequences of such action.

By submitting their photographs, Members agree to abide by the aforementioned rules and accept that PFK 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 the place 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 grant PFK, for the duration of the intellectual property rights, the right, on the aforementioned media, to:

- reproduce photographs or arrange to have them reproduced without limit as to number, in whole or in part, by all means and processes, on all present and future media and materials, known or unknown, and in particular on paper or paper derivatives, plastic, digital, magnetic, electronic or computer media, by download, video, CD, DVD or network;

- communicate photographs or arrange to have them communicated to the public by any current or future means of distribution and communication, known or unknown, in particular by any on-line telecommunication network, such as the Internet, intranet, downloading, wired or wireless telephone networks.

This authorization is granted for an unlimited period, worldwide and for non-commercial purposes. Members are hereby informed that all data submitted as part of the training program (including photographs sent by them for the training challenges) may be used by PFK solely for the purposes of the training program, without granting them any remuneration, right or benefit whatsoever other than the award of their prize.

Members expressly authorize PFK to use their photographs as part of the training program solely for internal communication purposes 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 indicated in article 15 of the Rules, which will result in the exclusion of the Participant from any challenge.

VI. LIABILITY

PFK shall not be held liable in any way whatsoever if, in the event of unforeseen circumstances, events beyond its control or justified necessity, it is forced to cancel, shorten, extend or postpone the Application or to modify its conditions.

PFK will not be held responsible for any malfunction of the Internet network preventing the proper functioning of the Application, the training program, the Sponsorship space or the Shop, in particular due to external malicious acts.

PFK shall also not be held liable in the event that one or more Members are unable to connect to the Application due to technical faults or network congestion.

PFK makes every effort to provide Members with available and verified information and/or tools, but cannot be held responsible for errors (such as incorrect display or emails sent to Members), lack of availability of information and/or the presence of viruses, data transmission delays, failures of the Member's computer, telephone, smartphone, modem or telephone line, server failures, Internet service providers, telephone operators, computer equipment or software, the loss of any electronic mail and, more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical failure, any damage suffered by the Member's computer, and any type of technical, hardware or software failure that has prevented or limited the possibility of participating in the training challenges or damaged the Member's system.

Members connect to and participate in the Application under their sole responsibility. It is their responsibility to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any threat.

PFK may interrupt or suspend its Application partially or totally if it appears that cheating has occurred in any form whatsoever, in particular by electronic means.

PFK reserves the right, in such a case, not to award gifts to cheaters and/or to prosecute the perpetrators of such cheating before the competent courts.

PFK cannot be held responsible for any consequences arising from delays, strikes or events disrupting the delivery and transport of gifts or in the event of their loss. All claims must be made by Members directly to the companies responsible for the delivery and transport of the gifts.

Members participate in MFK Backstage training courses and any related services under their sole responsibility. 

VII. AMENDMENT OF THE T&Cs

These T&Cs can be viewed and printed at any time on the Application. PFK reserves the right, at any time and without notice, to amend the T&Cs without incurring any liability.

VIII. DISPUTES

Registration and participation in the activities of the Application are subject to French law. Any dispute arising from non-compliance, disagreement and/or misinterpretation of the T&Cs shall be brought before the competent courts of the Paris Court of Appeal.

Any difficulty relating to the interpretation, validity or execution of the T&Cs and, more generally, any dispute arising from these T&Cs and liable to divide, shall fall within the exclusive authority of the Courts within the jurisdiction of the Paris Court of Appeal, including in matters of emergency interim proceedings.

PFK may cite, as evidence, programs, data, files, recordings, activities and any other element of any nature whatsoever, in any format or on any medium whatsoever (including computer and electronic), established, received or stored directly or indirectly by PFK, notably in its information systems.

Except in the case of obvious errors, Members expressly acknowledge that the information resulting from the Application has evidential value in any dispute concerning the connection elements and computer processing of this information.