1. General information – Legal notices

The website www.lesecretnaturel.com from which the User can register his application to become an ambassador for the Oléanat, Ayurvenat or Les Baumes du Hibou brands, is published by the company Le Secret Naturel SAS with a capital of 205,000 euros, registered with the RCS of AVIGNON under number 441 068 756, whose head office is located at 665 Rue Théodore Aubanel, 84500 Bollène and whose VAT number is FR83441068756.

The publication manager is Anna Bilyan: anna.bilyan@lesecretnaturel.com.

Le Secret Naturel is a company specializing in the cosmetics and well-being sector. As part of its development, it wishes to have its products tested by a representative sample of consumers, which it selects according to a certain number of criteria, relying on different service providers and subcontractors.

In particular, Le Secret Naturel has entered into a service provision contract with Makeup Bag, a simplified joint-stock company with a capital of 8,055 euros, registered with the Nanterre Trade and Companies Register under number 791 644 958, whose head office is located at 16 quai Alphonse Le Gallo, 92100 Boulogne Billancourt, to enable it to set up and manage the various influence campaigns that it wishes to conduct. Makeup Bag has in fact developed a digital and logistical solution for managing influence campaigns (the “Trutt” Solution) allowing Le Secret Naturel to pre-select the population targeted by an influence campaign, create an influence campaign, and select and recruit influencer candidates.

The website www.lesecretnaturel.com is hosted by the company My Digi Company whose head office is located at 121-123 Rue du Vieux Pont de Sèvres 121-123, 92100 Boulogne-Billancourt.

2. Definitions

The terms and expressions beginning with a capital letter have the following meaning, whether used in the singular or plural:

– “Candidate Influencer”: refers to any person applying to test the products of Le Secret Naturel.

– “Influence Campaign”: refers to any influence campaign organized by Le Secret Naturel using the Solution in which the Influencer agrees to participate.

– “Personal Account”: refers to the personal account created by a Candidate Influencer when registering with a view to being selected for an Influence Campaign.

– “CGU”: refers to these general terms and conditions of use and any documents that supplement them.

– “Influencer”: refers to any person who has applied to test the products of Le Secret Naturel and who has been selected by Le Secret Naturel to become an Influencer for a particular Influence Campaign.

– “Product”: refers to the product of Le Secret Naturel sent to the Influencer as part of the Influence Campaign.

– “Questionnaire”: refers to the questionnaire to be completed by the Candidate Influencer.

– “Site”: refers to the website accessible at the address www.lesecretnaturel.com or all of their subdomains as well as all of its elements and content (graphic charter, frames, banners, flash and video animations, source code, HTML programming code, etc.).

– “Solution”: refers to the digital and logistical solution for managing influence campaigns “Trustt” developed by Makeup Bag and used by Le Secret Naturel.

3. Purpose and acceptance of the T&Cs

The T&Cs are intended to define the general conditions of use of the Site, of the application of Influencer Candidates and of the participation of Influencers in the Influence Campaigns. The Participation of the Influencer in the Influence Campaign is subject to the unconditional acceptance by the Influencer Candidate of these T&Cs. The acceptance of the T&Cs is full, complete, indivisible and without reservation.

When creating his personal account, the Influencer Candidate is invited to read and accept the T&Cs before being able to participate, if he is accepted as an Influencer, in the Influence Campaign. Le Secret Naturel reserves the right to adapt or modify at any time the terms of the T&Cs, the functionalities offered on the Site or their operating rules.

4. Process for an Influencer's participation in an Influence Campaign

4.1 Application

In order to apply to become an Influencer, the Candidate Influencer must first create a Personal Account and answer a Questionnaire. On this occasion, the Candidate Influencer must provide information on the Site that allows them to be identified (last name, first name), provide a valid email address, which will serve as a login ID, and choose a login password (together, the "Identification Elements").

The Candidate Influencer is required to update their Identification Elements and undertakes not to communicate incorrect or false information when creating or updating their Personal Account.

The Login Identifiers are specific to the Influencer or Candidate Influencer and reserved for their personal use. Consequently, the Candidate Influencer undertakes not to communicate the Login Identifiers to a third party. In any event, any action carried out with the Candidate Influencer's Login Identifiers will be considered to have been carried out by the Candidate Influencer and under his/her responsibility. The Candidate Influencer therefore acknowledges his/her full responsibility for the use that will be made of his/her Login Identifiers or his/her Personal Account.

In the event of unauthorized use of the Login Identifiers or the Personal Account of a Candidate Influencer or an Influencer by a third party, Le Secret Naturel shall in no event be held liable with respect to the Candidate Influencer or the Influencer concerned and the latter must inform Le Secret Naturel of this situation without delay, by email to: contact@lesecretnaturel.com.

The Influencer or Candidate Influencer may request the deletion of their Personal Account at any time by sending a request to this effect by email to Le Secret Naturel customer service at serviceclient@lesecretnaturel.com. [In the event of an Influence Campaign in progress, the deletion will only become effective after testing the products and communicating the opinions written by the Influencer.]

To apply, simply complete the Questionnaire in accordance with the registration terms. Registration is not mandatory and each Candidate Influencer is free to apply or not.

Some answers are optional, while other answers are mandatory and are identified as such, Le Secret Naturel needing these answers in order to be able to usefully conduct its Influence Campaign.

A Candidate Influencer may choose not to answer the questions requiring a mandatory answer, in which case they accept that their application will not be validated.

An Influencer Candidate may choose not to answer the optional questions, in which case his or her application may be validated. He or she acknowledges that the absence of a response may have an impact on Le Secret Naturel's decision to select or not his or her profile as an Influencer.

The Influencer Candidate undertakes to answer the questions asked in the Questionnaire honestly.

Indeed, it is on the basis of these responses that Le Secret Naturel will select Influencers from the applications received and send a particular product to be tested, these products being likely to vary depending on the responses provided in the Questionnaire.

The Influencer Candidate has the option of choosing, when registering, whether he or she wishes to receive information and exclusive offers from Le Secret Naturel (this choice does not influence his or her selection as an Influencer).

The Influencer Candidate acknowledges and accepts the risk of not being selected to become an Influencer and waives any recourse in this regard against Le Secret Naturel, the decision of Le Secret Naturel being based on objective elements according to the answers provided in the Questionnaire but Le Secret Naturel having no obligation to justify its decision.

4.2 Selection and notification of Influencers

In the event of selection by Le Secret Naturel, the Influencer Candidate is notified by e-mail to the address provided when creating the Personal Account that he or she has been selected to be an Influencer and that he or she will soon receive a Product for testing by him or her.

4.3 Instructions for use and instructions for testing the Products

Upon receipt of the Product, the Influencer agrees to confirm receipt of the Product by clicking on the link indicated in the selection confirmation email.

The Influencer agrees to fully read the instructions for use provided with the product before starting to use the product, and to follow the instructions for use and the different stages of the test recalled when the product is sent.

As a reminder, the three stages of the test are:

1° Validation by the Influencer of receipt of the product upon receipt by logging into their User Account

2° Testing of the product for the duration indicated and in compliance with the instructions for use

3° Uploading by the Influencer from their User Account of the review written at the end of the test, as well as, where applicable, photographs and/or videos.

A reminder of the rules of the Product test is provided when the product is sent.

[The Influencer acknowledges and accepts that the usage advice is given in abstracto for purely indicative purposes, based on information provided by the Influencer, which is necessarily non-exhaustive and cannot therefore give rise to a medical diagnosis or replace medical monitoring. Le Secret Naturel thus declines all responsibility relating to the use of the Product in the context of the Influence Campaign and invites Influencers who have doubts about the compatibility of a Product to consult any authorized professional.]

It is specified that the Product is shipped at the expense of Le Secret Naturel, and delivered to the Influencer without financial compensation. The contractual relationship between Le Secret Naturel and the Influencer thus constitutes a liberality subject to the Influencer carrying out the Product test upon receipt of said Product, and is exclusive of any contract of an onerous nature. The ownership of the Product is thus deemed transferred upon [the shipment of the Product by Le Secret Naturel / once the test has been carried out and the review uploaded by the Influencer]. Similarly, the transfer of risks occurs at the time [of the shipment of the Product by Le Secret Naturel].

In the event that the Product received is damaged or does not correspond to the Product advertised, Le Secret Naturel has no obligation to return a Product in replacement of the Product received.

4.4 Reminder emails to publish reviews

In the event that the Influencer has not published their review within a certain period of time from the sending of the product, a reminder email inviting the Influencer to share their review is sent.

4.5 Emails to encourage the creation of content on social networks

Once their review has been published on the Trustt platform, the Influencer receives a new email encouraging them to share their experience with their community. The Influencer is encouraged to consult the “See the tips” section to learn in particular how to: – take beautiful before/after photos – give your opinion on video – make better stories – easily produce a detailed (and useful) opinion – increase the notoriety of your blog via SEO

5. Commitments of the Influencer Candidate / Influencer

By registering his/her participation and accepting these T&Cs, the Influencer Candidate undertakes, if selected, to:

– Test the product received according to the product usage guidelines, and not to use the product for any purpose other than that for which it is intended

– Write a complete, sincere and authentic review of the product from the Trustt personal space, a sine qua non condition for the product to be free

– Not to use defamatory remarks when writing reviews, or racist, violent, xenophobic, homophobic, malicious, vulgar, obscene remarks, remarks likely to infringe on privacy and more generally illicit

– Not to test the products and/or participate in Influencer Campaigns for illegal or fraudulent purposes or in a manner that contravenes public order or the morality or that in any way harms Le Secret Naturel or any third party

– Refrain from engaging in politics, propaganda and proselytism,

– Refrain from writing reviews and/or publishing advertising content for products competing with those marketed by Le Secret Naturel

– Do not represent the intellectual property elements of Le Secret Naturel in a way that could harm the image of Le Secret Naturel

– Do not lend, give or market in any way the product received

– Take a photograph before the test and a photograph after the test following the recommendations provided

– If applicable, take a video following the recommendations provided

– Authorize Le Secret Naturel to use all or part of the written review, as well as its photographs and/or videos for commercial purposes, whether to extol the merits of the product tested or more generally to promote Le Secret Naturel.

– [To use his first name excluding his last name in connection with the review]

– Publish his review on [Amazon] and other platforms, following the recommendations communicated and in compliance with the regulations applicable to the advertising sector.

The Influencer Candidate acknowledges and accepts that the relationship with Le Secret Naturel is exclusive of any remuneration and any link of subordination, and that it is in return for the free product delivered that he undertakes to carry out the test, in complete independence and under his own responsibility.

The Influencer Candidate acknowledges that failure to comply with the commitments made above and in particular the fact of selling the product on sales platforms exposes him to being excluded from the Influence Campaigns and to having to reimburse the full public price of the product received.

In addition, in the event of a breach by the Influencer of any of the provisions of the T&Cs, Le Secret Naturel reserves the right to delete his/her Personal Account, unilaterally and without compensation, after sending the Influencer a notification to this effect to the email address provided in his/her Personal Account.

6. Intellectual property

6.1 Rights of Le Secret Naturel

Le Secret Naturel is the exclusive owner of the intellectual property rights relating to the Site and its content (graphic charter, texts, illustrations, videos and images, whether visual or audio, databases, brands, logos, domain names, etc.) as well as to the Products. Any representation, reproduction, modification, adaptation, translation, publication, exploitation of all or part of the Site or of the elements or data that compose it and/or of the Product is strictly prohibited without the prior written consent of Le Secret Naturel. For the purposes of online publication of reviews of the Products tested by the Influencer, Le Secret Naturel authorizes the Influencer, within the framework of this sole use, to reproduce and represent the intellectual property elements of Le Secret Naturel and in particular, the brand affixed to the Product or its packaging and the design of the Product or its container.

6.2 Rights of the Influencer Candidate / Influencer

6.2.1 Copyright license / guarantees

Within the framework of the authorizations referred to above, the Influencer assigns to Le Secret Naturel its reproduction and representation rights, as well as the right of adaptation and translation on the written reviews as well as the photographs and/or videos taken during the product tests, free of charge, for the entire world and for the duration of the intellectual property rights as provided for by the applicable laws and regulations, on all physical or digital media (and in particular written press, digital press, television, internet, etc.) and for all uses related to the promotion of the products tested and more generally the promotion of Le Secret Naturel.

The Influencer guarantees to be the author of the written reviews as well as the photographs taken during the product tests and guarantees Le Secret Naturel peaceful use in this regard.

In the event that the Influencer has borrowed from a pre-existing work in order to write their reviews or create a photograph or video, they undertake to secure all necessary rights from the relevant rights holders, in order to allow Le Secret Naturel to freely exploit the uploaded content.

6.2.2 Image rights and personality rights license

In the event that certain photographs taken by the Influencer or their contributions contain personality attributes (such as the image of the Influencer, all or part of the Influencer's name, etc.), the Influencer hereby grants Le Secret Naturel an authorization to use personality rights, free of charge, valid worldwide on all physical or digital media (including print media, digital media, television, internet, etc.), for all uses related to the promotion of the products tested and more generally the promotion of Le Secret Naturel.

7. Regulations applicable to advertising

Le Secret Naturel draws the attention of Candidate Influencers / Influencers to the fact that in accordance with the recommendations of the Professional Advertising Regulatory Authority (ARPP), the identification of the partnership with Le Secret Naturel must be explicit, the Influencer must write the words as hashtag partnership or hashtag sponsorship in all its publications on social networks, or by displaying a visual or audio indication at the beginning of the published content.

Le Secret Naturel strongly encourages Candidate Influencers to refer to the guide to good practices, and if necessary to pass the "Certificate of Responsible Influence" https://www.arpp.org/certificat-influence-responsable-inscriptions/ published by the ARPP for influencers to raise their awareness of the legal and ethical rules during their interactions with brands.

8. Liability of Le Secret Naturel – Guarantees

Under no circumstances may Le Secret Naturel be held liable for unforeseeable, indirect or immaterial damages such as, but not limited to, loss of profits, loss of income, loss of business opportunities, loss or damage to the brand or reputation, etc.

9. Personal data

The personal data communicated by the Candidate Influencer and the Influencer allow Le Secret Naturel to manage the relationship with the Influencer, within the framework of these General Terms and Conditions which bind them, and to send commercial offers to the Influencer, if necessary. The data essential to Le Secret Naturel are the surname, first name and email address as well as any other data identified as such within the framework of the Influence Campaigns. If this mandatory data is not mentioned, the Personal Account cannot be created.

Le Secret Naturel is responsible for processing the data collected.

The recipients of the data are Le Secret Naturel and its subcontractors. The Candidate Influencer and the Influencer expressly accept that their personal data is stored, processed and transferred by Le Secret Naturel to its subcontractors, including in other countries of the European Union, who will however only be able to access this personal data for the purposes of using the Solution and in compliance with the legal and regulatory provisions in force.

In accordance with Article L. 223-2 of the Consumer Code, the Candidate Influencer and the Influencer are informed that if they do not wish to be the subject of commercial prospecting by telephone, they can register on the list of opposition to telephone canvassing, available at www.bloctel.gouv.fr.

In accordance with Law No. 78-17 relating to information technology, files and freedoms of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the Influencer Candidate and the Influencer have the right to access, rectify, modify, oppose, delete, erase, limit the processing and portability of personal data concerning them as well as the right to define guidelines relating to the fate of their personal data after their death. The Influencer Candidate and the Influencer may exercise this right by sending a letter to Le Secret Naturel customer service at 665 Rue Théodore Aubanel, 84500 Bollène or a request by email to the address serviceclient@lesecretnaturel.com. Any such request is free, does not need to be justified and may be made at any time, including after the collection of the personal data of the Candidate Influencer and/or the Influencer. However, it must be signed, accompanied by a photocopy of the Candidate Influencer's or the Influencer's identity document, bearing his/her signature, and specify the address to which the response should be sent. A response will be sent to the Candidate Influencer/the Influencer within two months of receipt of the request.

The personal data communicated by the Candidate Influencer and/or the Influencer when using the Site are kept by Le Secret Naturel for a period not exceeding that necessary for the purposes for which they are processed, and in accordance with the legal and regulatory provisions in force. At the end of this period, all personal data communicated by the Candidate Influencer and/or the Influencer will be automatically deleted.

When consulting the Site, information relating to the navigation of the Influencer Candidate / Influencer may be recorded in cookie files installed on his computer or mobile terminal, subject to the choices expressed by him, which can be modified at any time. For more information on the type of cookies used on the Site, the purpose of each

10. Applicable law – Competent jurisdiction

These T&Cs are governed by, interpreted and subject to French law.

Any dispute relating to the T&Cs that cannot be resolved amicably will be subject to the exclusive jurisdiction of the French courts.

Notwithstanding the foregoing, the Candidate Influencer / Influencer is informed, in accordance with Article L. 612-1 of the French Consumer Code, that he/she may in any event resort free of charge in the event of a dispute to conventional consumer mediation. The Candidate Influencer / Influencer may therefore contact the Secret Naturel mediator, whose contact details are as follows: AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris (www.mediationconso-ame.com).

The original version of these T&Cs was written in French before being translated into other languages, if necessary. These translations are made and provided solely as a courtesy and for information. In the event of a dispute over the content or interpretation of the T&Cs or in the event of an inconsistency or difference between the French version and a translated version, the French version shall prevail and be authentic unless there is a national public policy provision to the contrary.

11. Miscellaneous provisions

11.1 Partial nullity

If one or more provisions of the T&Cs are considered invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions of the T&Cs shall retain their full force and scope. Le Secret Naturel shall replace the invalidated provision(s) with a provision having an equivalent economic effect.

11.2 Non-waiver

The fact that Le Secret Naturel does not assert at a given time one of the stipulations of the T&Cs may not under any circumstances be considered as a waiver on its part to assert subsequently any of the stipulations of the T&Cs.