GENERAL TERMS OF USE AND PRIVACY POLICY FOR THE SUPERFUMISTA APP AND WEB STORE

TERMS OF USE OF THE SUPERFUMISTA MOBILE APP

1. REGISTRATION

Once the app is downloaded, the Client can register by providing their email address and choosing a password.

2. 2. ACCOUNT DELETION

The client can request to delete their account if they wish. This can be done at any time on the mobile app, from the "profile" menu.

SUPERFUMISTA may delete the Client's Account at any time, for non-compliance with the GTC, for violation of the TOS, or for non-payment.

3. PROFILE

Upon creating their account, the client is invited to provide information via the PROFILE menu:

• User profile: Name, first name, email address, password, delivery address.
• Nose Expertise: This level allows the display and use of the carousel with access to different functionalities. It can be modified at any time, from the PROFILE menu or from the CAROUSEL (Composition) screen during a creation.

4. CREATE YOUR FRAGRANCE

For any new creation, this journey unfolds in 3 steps:

• Description

The user is guided through a questionnaire to help them describe their perfume project. Throughout this phase, the user can contact SUPERFUMISTA by email at contact@superfumista.comThe user can also contact us via the app's chat after confirming their order and until the finalization of their creation.

• Composition

The user accesses the Carousel of scents: they can select up to 6 olfactory notes for their creation. Depending on the "olfactory level" chosen, for making this selection, they can:

• Apprentice mode: browse 16 olfactory families (appendix 1)
• Explorator mode: browse 16 olfactory families and more than 130 ingredients
• Maestro mode: browse 16 olfactory families and more than 130 ingredients, as well as indicate the percentages they wish for each selected note

This olfactory level can be modified at any time and may differ from one creation to another for the same user.

5. CHOICE OF JOURNEY

The user chooses a journey (an "offer") which will allow them to benefit from different options: customization of their bottle (wood cap essence, ribbon color, personalized name), receipt of a certain number of initial then additional formulations (these are the different variations proposed for a given creation).

6. PAYMENT OF THE ORDER

After making their choices, the user can confirm their order and proceed with payment. Once the payment is confirmed, they receive a confirmation email (be sure to check the spam folder). The user is invited, via a button, to consult the MY PERFUMES menu to find their creation. They will thus be able to follow the progress of their creation and access the integrated chat.

Payment for a journey ordered on the website store results in the creation of the order on the application, which the user can find with an already created account or, if necessary, by creating an account with the email specified during the order.

7. CREATION FOLLOW-UP

Throughout this follow-up, SUPERFUMISTA informs the user, at each step, of the progress of their creation using notifications on the mobile app and push notifications on the smartphone.

The steps are as follows:

• Creation started: the order has been confirmed
• Making-Of: the client has access to photos or videos from behind the scenes of the formulation
• Magic & Alchemy: the client confirms the receipt of the samples and chooses their formulation
• Olfactory Composition: the client has access to an image representing their bottle with the materials (ingredients) as notes that their "final" perfume contains 
• Parfum prêt : the client confirms the receipt of their set (or sets),. They are invited to evaluate their experience with SUPERFUMISTA and write a review
• CHAT

The conversation on the integrated chat in the app help refine the description made during the order. The user can ask questions and send or receive images. Each new message is notified on the mobile app and by a push notification on the smartphone. Whenever SUPERFUMISTA adjusts the description or composition of the creation, the user is informed by a notification. The chat conversation is closed once the creation has been finalized and the user has confirmed the good reception of the final perfume set.

8. CHOICE OF FORMULATION

After a period of 2-4 weeks, the user receives by mail the samples (2ml) of the initial formulations. After confirming their good reception, they can then make their choice:

• "they like": they indicate the number of the formulation they wish on the app and thus confirm the order of their "final" perfume
• "they like": they indicate the number of the formulation they wish on the app and thus confirm the order of their "final" perfume "they wish to make adjustments", they indicate them for each "additional" formulation on the app and, upon receipt, can make their choice among all the formulations sent
• If necessary, if none of the formulations sent satisfies them, they can order a set of 3 "additional" formulations, indicate the desired adjustments on the app and then make their choice among all the formulations sent. The purchase of 3 "additional" formulations can be renewed.

9. SHOP « REORDER »

For any created perfume, the client can reorder on the "SHOP" of the mobile app, a set of their perfume, based on the chosen formulation:

• a new set of the perfume: eau de parfum 30ml + pocket spray 3ml. They can choose among the options corresponding to the purchased journey (essence of wood for the cap and color of the ribbon)
• a refill set: eau de parfum 60ml, an aluminum funnel, and a 5ml roller

10. INTELLECTUAL PROPERTY 

• On custom fragrance creations

The intellectual property rights related to the fragrance creation belong to the Perfumer. Therefore, no intellectual property rights of any nature can be claimed or transferred by the Client, all the concerned creations being automatically covered by the intellectual property rights of the Perfumer, which the Client acknowledges and accepts.

The formulations integrating the creation of a custom perfume are kept by SUPERFUMISTA. However, the Client is informed that they cannot make any claim against the Perfumer or any other person if a creation similar to theirs is used, created, or sold.

• On the Site and the Application

The SUPERFUMISTA Site and Application and everything on it (images, logos, videos, texts...) are the exclusive property of SUPERFUMISTA and are protected under the Intellectual Property Code. Consequently, any reproduction, representation, adaptation of the elements present on the site or constituting it are prohibited without the express authorization of the Publisher and constitute an infringement as defined by the law. It is reminded that the infringement of a copyright, a registered design or model, or a trademark constitutes a criminal offense.

• Reproduction and distribution of content

Following the purchase of perfumes, SUPERFUMISTA offers the Buyer the possibility to publish on social networks photos of their perfume or the images provided by SUPERFUMISTA on their user account, related to the creation of their perfume. In this context, the Buyer is authorized to reproduce and distribute the content provided on the SUPERFUMISTA Application. SUPERFUMISTA is in no way responsible for the message of the buyer accompanying the publications of SUPERFUMISTA content on social networks. The buyer nevertheless commits to ensuring that the content they post is in accordance with the law, and in particular that no remarks can be considered illegal, discriminatory, racist, or violent.

PRIVACY POLICY

PREFACE

The personal data policy implemented by KIIN is accessible from the SUPERFUMISTA mobile app and the website www.superfumista.com including in their versions optimized for navigation on mobiles, tablets, and smartphones. The website www.superfumista.com and the SUPERFUMISTA Mobile Application are hereinafter jointly referred to as the "Application" and the "Site". www.superfumista.com et l’Application mobile SUPERFUMISTA sont ci-après ensemble désignés l « Application » et le « Site ».

Unless otherwise provided, the present personal data policy implemented by KIIN is applicable to the application and the online store accessible via the website www.superfumista.com.

The "CREATE MY PERFUME" menus and subsequently the "SHOP" (new order of the created perfume) of the SUPERFUMISTA Application allow for the online sale of products whose modalities are defined in the general terms and conditions of sale of SUPERFUMISTA, forming a contractual set with the present "Personal Data" policy.

1. GENERAL INFORMATION

This document details how SUPERFUMISTA uses and collects your personal data and informs you of the measures taken by SUPERFUMISTA to ensure the protection of your personal data in the context of using the Site in accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to Information Technology, Files and Liberties (hereinafter the "Information Technology and Liberties Law"), as amended by the provisions of Law No. 2004-801 of August 6, 2004, relating to the protection of natural persons with regard to the processing of personal data.

SUPERFUMISTA protects the privacy of its users and internet users by complying with the applicable regulations in force and the substantive obligations (purpose, relevance, retention period, rights of the persons, security, documentation) relating to the entry into application of the European Regulation on data protection on May 25, 2018.

2. COLLECTION, USE, AND STORAGE OF DATA

2.1 Data Collection

Personal Data

SUPERFUMISTA may collect your personal data during your purchases, or when creating your client account on the SUPERFUMISTA application and when purchasing your customized composition.

"Personal data" refers to information about you as a physical person that you voluntarily provide by filling out a form on the Application and possibly the Site, or that SUPERFUMISTA collects as part of your navigation and that, regardless of its nature, allows you to be identified, directly or not. Personal data includes nominative data (such as your names, contact information,) and electronic identification data available on or from your computer (such as "cookies" or "IP addresses"). Your electronic identification data allows the identification or geolocation (without being more precise than the city) of your connection terminal or the pages viewed on the Site during your navigation and are generally insufficient by themselves to identify you nominatively.

Social Networks

SUPERFUMISTA is the publisher of an information and presentation page of SUPERFUMISTA on different social networks such as Facebook™, Twitter™, YouTube™, or Instagram™.

You can follow SUPERFUMISTA pages on these social networks. Your personal information that you have indicated as public and accessible from your profile, is accessible to SUPERFUMISTA. SUPERFUMISTA does not create nor use any database independent of these social networks from the personal information you may publish there.

If you want to oppose SUPERFUMISTA's access to the personal information you have published on your profile (and which is publicly visible), we remind you that the settings of social networks offer the possibility to control and/or limit access to your data. We also recommend that you regularly consult the personal data policy of these social networks.

Data and Purchase Process on the Application or in the SUPERFUMISTA Store

SUPERFUMISTA is also likely to collect your personal data during a purchase on the Application or in the online store on the site https://superfumista.com/shop/in order to allow you to place an online order, among other reasons.

2.2 Use of Data

The information you provide on the Application allows SUPERFUMISTA to:

• Process your questions or requests for information,
• Send you targeted advertising or commercial prospecting messages, subject to your agreement,
• Send you the Newsletter to which you have subscribed,
• Establish global trends in purchasing behavior, without you being in any way identifiable,
• Send you the possible catalogs,
• Inform you about SUPERFUMISTA products,
• Inform you about promotional offers,
• Offer you an online communication tool,
• Inform you of events organized by SUPERFUMISTA,
• Offer you to participate in surveys or contests,
• Allow you to follow the Site and its news.

Where applicable, the information essential to SUPERFUMISTA to fulfill the missions described above corresponds to those that you will have filled in the PROFILE menu. The information collected by SUPERFUMISTA includes, in particular, your name, first name, postal address, email address, and telephone number. This information allows SUPERFUMISTA to deliver your orders, establish market trends, and address targeted communications according to your profile to continue to always offer you a tailored and quality service. The other information is optional and allows us to get to know you better and to improve our communications and services towards you.

Sharing and Disclosure of Data

SUPERFUMISTA is the primary recipient of the data collected. SUPERFUMISTA only transmits your personal data to a third party when:

• SUPERFUMISTA needs to share this information with its distributors, providers, especially its technical providers (including the carrier, financial services) to provide you with the requested service,
• SUPERFUMISTA establishes global market trends from the aggregation of several anonymized data.
• SUPERFUMISTA receives a request from a judicial authority or any administrative authority authorized by law requesting the communication of this information in accordance with the legislative provisions in force.

SUPERFUMISTA makes its best efforts to ensure the confidentiality and security of personal data collected when transmitted to the aforementioned persons.

Data Transmitted by the Internet User Without Solicitation from SUPERFUMISTA

SUPERFUMISTA asks you not to transmit contents that are not requested by a questionnaire or any other collection form, such as commercial information, advertisements, personal creations, ideas, concepts, etc.

When you voluntarily provide personal data about yourself, especially when it comes to multimedia content (photographs, videos, etc.) using our products or our advertising hashtags, especially on social networks, you agree that SUPERFUMISTA may use them in respect of the rights of persons.

You commit to providing accurate information that does not harm the interests or rights of third parties.

3. SECURITY MEASURES

SUPERFUMISTA makes its best efforts to protect your personal data against damage, loss, misappropriation, intrusion, disclosure, alteration, or destruction.

The employees and agents of KIIN SAS who, due to their function, would have access to your personal data commit to the utmost confidentiality in this regard.

However, SUPERFUMISTA does not control the risks related to the operation of the Internet and draws your attention to the existence of possible risks in terms of punctual data losses or breach of confidentiality of data transiting via this network. The information offered on the Site may be interrupted for cases of force majeure or beyond the control of KIIN or facts not falling under the responsibility of KIIN.

SUPERFUMISTA has implemented a secure payment system for any order placed on the Application and the SUPERFUMISTA online store. Payments are made on an external platform through a payment provider complying with 3DS security standards.

SUPERFUMISTA provides no warranty regarding any damage that could be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb, or any other form of programming routine designed to damage, destroy, or otherwise impair a computer's functionality or interfere with the proper functioning of the same, including any transmission resulting from the download of any content by the Client, the software used by the latter to download the content, the Site, or the server that allows access to it. In this regard, the Client acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer hardware and any other device to protect them against any bug, virus, or other programming routine proving harmful. The Client acknowledges assuming all risks related to any content downloaded or otherwise obtained through the use of the Site and agrees that they are solely responsible for any damage to their computer system or any loss of data resulting from the download of such content.

4. RIGHTS OF PERSONS ON COLLECTED DATA

You have a general right of access, modification, rectification, and deletion of the data concerning you.

You can exercise your rights by addressing your request to our Customer Relations Service:

• by mail: by writing to SUPERFUMISTA, 14 bis rue juillet 75020 Paris
• by e-mail: by sending us a message to privacy@superfumista.com

To ensure that the applicant is authorized to make this type of request, a copy of an identity document may be requested to allow us to satisfy your request.

5. USE OF DATA IN CASE OF CHANGE OF CONTROL OF THE COMPANY

The data collected by SUPERFUMISTA could be transferred to third parties as part of a change of control of the company, an acquisition, a collective procedure, or a sale of the company's assets.

6. UPDATE OF THE PRIVACY POLICY

SUPERFUMISTA may modify the Personal Data Policy at any time. If SUPERFUMISTA wishes to use your personal data differently from that stipulated in the Personal Data Policy in force at the time of collection, these modifications will be published in a new version of this Personal Data Policy.

Due to changes that may occur in the Personal Data policy, we invite you to regularly visit the "Personal Data" section.

7. QUESTIONS & CONTACT

For any questions or comments relating to the Personal Data Policy or the way SUPERFUMISTA proceeds with the collection and use of data concerning you, you can address our Customer Relations Service:

• by mail: by writing to SUPERFUMISTA, 14 bis rue juillet 75020 Paris
• by e-mail: by sending us a message to contact@superfumista.com

Data Controller: Mr. Benjamin Sachs

Last update: January 2023