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Privacy Statement & Terms of Use

PRIVACY STATEMENT 

Effective: November 21, 2019

Last Reviewed: November 21, 2019

A.    Information regarding the collection of personal data

(1) In the following, we provide information regarding the collection of personal data when using our website. Personal data is defined as all data that relates to you personally, e.g. name, address, e-mail addresses, user behavior.

(2) Controller in accordance with article 4(7) of the EU General Data Protection Regulation (GDPR) is

Skyfold Inc. 

325 Lee Avenue, 

Baie D’Urfé, QC H9X 3S3 

Our data protection officer can be contacted at info@skyfold.com or using our postal address and adding “The data protection officer”.

(3) When contacting us by e-mail or using a contact form, the data you supply (your e-mail address, your name and phone number if necessary) are stored by us in order to answer your questions. We delete the data gathered in this regard once storage of such data is no longer required, or limit processing of such data should statutory storage obligations apply.

(4) Should we require contracted providers to carry out individual functions of our offering or should we like to use your data for commercial purposes, we shall inform you in detail of the respective actions. In doing so, we shall also inform you of the defined criteria regarding duration of storage.

B.  Your rights

You have the following rights vis-à-vis ourselves with regard to your personal data:

  • Right of access

  • Right to rectification or erasure

  • Right to limitation of processing

  • Right to object to processing

  • Right to data portability.

  • Right to lodge a complaint with a regulatory authority.

C.  Collection of personal data when visiting our website

(1) When using our website for purely informational purposes, i.e. without registering or otherwise submitting information to us, we only collect the personal data that your browser transmits to our server. If you would like to view our website, we collect the following data that we require from a technical point of view to display our website to you and guarantee stability and security (the legal basis here is article 6(1) sentence 1, lit. f GDPR):

  • IP address

  • Date and time of enquiry

  • Time zone difference to Greenwich Mean Time (GMT)

  • Content of request (specific page)

  • Access status/HTTP status code

  • Volume of data transmitted

  • Website from which the request originated

  • Browser

  • Operating system and its interface

  • Language and version of browser software.

(2) In addition to the aforementioned data, when using our website, cookies will be stored on your computer. Cookies are small text files stored on your hard drive by the web browser you are using, enabling certain information to be collected by the website owner who sets the cookie (in this case us). Cookies cannot execute programs or transmit viruses onto your computer. They are designed to make the internet service as a whole more user-friendly and effective.

(3) Use of cookies:

a) This website uses the following types of cookies, the scope and functioning of which shall be described below:

  • Transient cookies (b)

  • Persistent cookies (c).

b) Transient cookies are automatically deleted when you close the browser. These include session cookies in particular. They store a so-called session ID with which the various requests from your browser are assigned to the session as a whole. This means your computer can be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

c) Persistent cookies are deleted automatically after a specified length of time, which may differ depending on the cookie. You can delete the cookies at any time in your browser’s security settings.

d) You can configure your browser settings according to your needs and decline acceptance of third-party cookies or all cookies, for example. We advise you that you may not be able to use all functions of this website.

e) The Flash cookies used are not collected by your browser but by your Flash Plug-in. We also use HTML5 storage objects, which are stored on your terminal. These objects store the data required independently of your browser used and have no automatic expiry date. If you do not want Flash cookies to be processed, you have to install a corresponding add-on. The use of HTML5 storage objects may impede you as they use private mode in your browser. We also recommend manually deleting your cookies and browser history regularly.

f) This website uses Google Analytics, a web analysis service of Google Inc. (“Google”).

D.  Google Analytics

(1) Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable analyses to be carried out regarding your use of the website. The information generated by the cookie about your use of this website is generally transmitted to a server of Google in the USA and stored there. In the event that IP anonymization is activated on this website, your IP address will be shortened in advance by Google, however, within Member States of the European Union or in other Contracting States to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a server of Google in the USA and shortened there. On behalf of the operator of this website, Google shall use this information to analyze your use of the website to compile reports on website activity and perform further services associated with website usage and internet usage for the website operator.

(2) You can prevent cookies being stored by selecting the corresponding setting in your browser software; we advise, however, that you may not be able to use the functionality of this website to its fullest extent in this case. You may also prevent the gathering of data generated by the cookie relating to your use of the website (including your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

(3) This website uses Google Analytics with the extension “_anonymizeIp()”. Here, IP addresses are further processed in shortened form meaning individual identification of the user is not possible. Should the data gathered about you enable identification, this will be immediately precluded and the personal data immediately deleted.

(4) We use Google Analytics to analyze and regularly improve use of our website. Using the statistics obtained, we can improve our offering and make it more interesting for you as a user. For exceptional cases in which personal data is transmitted to the USA, Google is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for use of Google Analytics is article 6(1) sentence 1, lit. f GDPR.

(5) Third-party provider information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions: https://www.google.com/analytics/terms/us.html, overview of data protection: https://support.google.com/analytics/answer/6004245?hl=en, and data privacy statement: https://policies.google.com/privacy?hl=en&gl=en.

 

TERMS OF USE

EFFECTIVE: 2017

LAST REVIEWED: November 21, 2019

Skyfold Inc. – Terms and Conditions

Your access to skyfold.com is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions. You may be accessing skyfold.com from a computer or mobile device and these Terms of Use govern your use of skyfold.com, regardless of the means of access. These Terms of Use set forth the legally binding terms and conditions for your use of this web site and the related services, features, content, apps, or widgets offered. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Web site, your sole and exclusive remedy is to discontinue using this Web site.

 

DISCLAIMERS

You acknowledge and agree that:

a. Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Web site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Skyfold Inc. reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.

b. Skyfold Inc. makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. Skyfold Inc. hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall Skyfold Inc. be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this web site and/or the information or content posted on this web site, regardless of whether Skyfold Inc. has been advised as to the possibility of such damages.

c. Skyfold Inc. is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, Skyfold Inc. will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by Skyfold Inc.

 

YOUR USE

You understand, acknowledge, and agree to the following:

a. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable, local, provincial, state, federal and international laws, rules and regulations.

b. You grant to Skyfold Inc. the right to use all content you upload or otherwise transmit to this Web site, subject to these Terms and Conditions and Skyfold Inc’s Privacy Policy in any manner Skyfold Inc. chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

c. Except as expressly stated and agreed upon in advance by Skyfold Inc., no confidential relationship shall be established in the event that any user of this Web site should make any oral, written or electronic communication to Skyfold Inc. (such as feedback, questions, comments, suggestions, ideas, etc.). If any Skyfold Inc. Web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Skyfold Inc. shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Skyfold Inc. shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever. The sender of any information to Skyfold Inc. is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

d. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Web site.

 

USER CONTENT

We welcome user comments, information and submissions. In addition, you and other users of the Web site from time to time may have an opportunity to post on the Web site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”). Subject to our Privacy Policy, all User Content that you post on this Web site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Web site.

 

You hereby release, discharge and agree to hold Skyfold Inc. and any person acting on its behalf harmless from any liability related in any way with the User Content.

Said User Content shall be authorized for all in-house or external, corporate or financial communication purposes, advertising, and for all public relations, historical or archival purposes, of Skyfold Inc. or its affiliates, its products and/or its brands, particularly on the following media:

  • Posting in all format, in unlimited quantity;

  • The written press, unlimited number of publications;

  • Publishing, unlimited number of publications, particularly publishing for purposes of in-house communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, leaflets for congresses, tradeshows, stands, etc.;

  • B-to-B communication, in the professional press, for an unlimited number of publications and/or quantities;

  • Electronic, IT, digital, multimedia, Internet and Intranet publishing, via any websites (whatever the website and/or medium, including social networks such as Facebook, Twitter, YouTube, Snapchat or Instagram), unlimited number of inserts and broadcasts;

  • Via any advertising media (including by way of advertising at retail outlets and on the L’Oréal S.A. brand

You also agree that Skyfold Inc. and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Web site. Skyfold Inc. and its affiliates are not responsible for any user's misuse or misappropriation of any User Content you post on the Web site.

This authorization gives Skyfold Inc. the possibility to adapt your User Content as initially fixed and/or make any such clarification to the User Content as we may consider useful, provided that the User Content shall not alter your image or words.

Further, the use of User Content may come with such anonymized information as your city, country or age, and/or, if you expressly authorized it, information allowing your identification such as your first name, or your alias.

Any such User Content as you may publish via this Web site shall be chosen by you and under your sole liability. However, we would like to remind you that User Content shall not conflict with applicable legislation or accepted standards of morality, or the principles stated herein. In this regard, we reserve the right to remove at any time any such User Content as may not comply with these Terms of Use, including the user conduct.

You do not have to submit anything to us, but if you choose to submit any User Content to the Web site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Web site a non-exclusive license to access your User Content through the Web site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and Our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and province in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Web site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.

This permission also grants us a worldwide, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted online (e.g. Instagram, Facebook, Twitter, or other platform) in addition to those you have tagged with any of our brands’ campaign hashtag together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content in any media.

 

INTELLECTUAL PROPERTY

The information, documents, related graphics and rich media (video) published on this Internet Web site (the “Information”) are the sole property of Skyfold Inc., except for information provided by third-party providers. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Web site are used separate from accompanying text. Skyfold Inc. is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Skyfold Inc.

No use of any Skyfold Inc. trademark, trade names, trade dress and products in this Web site may be made without the prior written authorization of Skyfold Inc., except to identify the product or services of the company.

 

PRIVACY AND SECURITY

Skyfold Inc. is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Web site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Web site, you agree to be bound by that policy.

You recognize and agree that when submitting your personally identifiable information to skyfold.com, while Skyfold Inc. has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, Skyfold Inc. shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if Skyfold Inc. has previously been advised of the possibility of such damages. Skyfold Inc. Does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.

 

LIMITATION OF LIABILITY

Skyfold Inc. does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these materials, information and opinions is solely at your own risk. Skyfold Inc. disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.

This Skyfold Inc. web site, the web site content, and the products and services provided on or available through this web site are provided on an “as is” and “as available” basis, with all faults. In no event shall Skyfold Inc., or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents (hereinafter “Skyfold Inc. Parties”) be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this web site, the web site content, any services provided on or through this web site or any linked site, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this web site or the web site content, whether or not there is negligence by Skyfold Inc. and whether or not Skyfold Inc. has been advised of the possibility of any such damages.

 

TERMINATION

We may terminate or suspend your access to the Web site, delete your profile and any content or information that you have posted on the Web site and/or prohibit you from using or accessing the Web site (or any portion, aspect or feature of the Web site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Web site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Web site.

 

GENERAL

You agree that these Terms and Conditions describes the entire agreement between us with respect to its subject matter. skyfold.com was created and is operated under the laws of the Province of Quebec. The laws of the Province of Quebec will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect

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