Terms and conditions
L’OREAL (THAILAND) LIMITED WEBSITE TERMS AND CONDITIONS
Thank you for visiting this www.biotherm.co.th. Please read these terms and conditions (the “Term”) before using the website which is operated by L’Oréal (Thailand) Limited of 179 Bangkok City Tower, 6th, 8th, 9th and 21st Floor, South Sathorn Road, Tungmahamek, Sathorn, Bangkok 10120 Thailand (“L’Oréal”). By using the Website, you signify your acceptance of the Terms in consideration of which L’Oréal provides you with access. From time to time L’Oréal may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the website following any such change constitutes your agreement to follow and be bound by the Terms as changed. If at any time you do wish to accept the Terms, you may not use the Website.
While L’Oréal has endeavored to ensure the accuracy of the information accessed via the Website, L’Oréal does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of L’Oréal. And L’Oréal is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by L’Oréal in favor of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which L’Oréal does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
The Website, including text, content, software, video, music, sound, graphic, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by L’Oréal and content owned or controlled by third parties and licensed to L’Oréal. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.
You may not use any of L’Oréal’s trademark or trade names without L’Oréal’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
You agrees to notify L’Oréal in writing promptly upon becoming aware of any unauthorized access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.
LICENSE AND DOWNLOAD RIGHTS
You acquire no rights or licenses in or to the Website and/or the Content other than the limited right to use the Website in accordance with these terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works form, transmit, or in any other way exploit any part of the Website.
Download is permitted by L’Oréal provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. L’Oréal further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
L’Oréal does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and L’Oréal is not liable for any damage you may suffer as a result of such destructive features.
L’Oréal shall not be held responsible for Content provided by third parties. L’Oréal is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any of the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from L’Oréal negligence, in no event will L’Oréal be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if L’Oréal has been advised of the possibility thereof, arising from your use of the Website. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
CHANGES TO THE WEBSITE
You accept that L’Oréal has the right to change the content or technical specifications of any aspect of the Website at any time at L’Oréal’s sole discretion. You further accept that such changes may result in your being unable to access the Website.
You agree to indemnify, defend, and hold harmless each of L’Oréal, its employees, representatives and agents, from any against any claims, actions, demands or other proceedings brought against any of L’Oréal, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against L’Oréal, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(a) your use of website;
(b) any breach by you of the Terms;
(c) a claim that any use of the Website by you:
- (i) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
- (ii) is libelous or defamatory, or otherwise results in injury or damage to any third party;
(d) any deletions, additions, insertions, or alternations to, or any unauthorized use of, the Website by you; or
(e) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer. You agree to pay L’Oréal, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
TRANSMISSION AND FEEDBACK OF INFORMATION
You agree that L’Oréal may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal you identity.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
L’Oréal does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
Either you or L’Oréal may terminate these terms with or without cause at any times. If L’Oréal terminates these terms, L’Oréal will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to you email address. You may terminate by unsubscribing here. On termination you shall destroy all Content, and copies thereof, obtained from the Website.
SERVERANCE AND WAIVER
If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term of any other term.
THIRD PARTY RIGHTS
Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right (under the Contracts (Right of Third Parties) Ordinance or otherwise) to enforce any provision of this Agreement or any agreement entered into in connection with it.
Except as provided herein, these terms and conditions are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party’s liability for fraud.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the law of Thailand and the parties submit to the exclusive jurisdiction of the Competent Court of Thailand.
We may make available on this Website a space, powered by Olapic, Inc. (“Olapic”) dedicated to user content, such as for example text, photos, videos, etc. (“Use Content”). Where you upload User Content to our site, or respond to our request to use User Content you have already posted to social media with #biothermthailand, you agree to our #biothermthailand terms and conditions.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.
Please inform us of any User Content which appears contrary to applicable legislation in force and/or to accept standards of morality and/or the principles set forth herein and/or which infringes the rights of others, at the following address www.biotherm.co.th .
L’ORÉAL (THAILAND) LIMITED PRIVACY AND COOKIES POLICY
This policy (together with our terms and conditions and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal information, and how we will treat it. By continuing to use this website, www.lorealthailand.com, and any other site owned by L’OREAL, you are accepting and consenting to the practices described in this policy.
Who We Are
For the purpose of the Data Privacy Protection Act B.E. 2562 (the “Ordinance”), the Data Controller is L’OREAL (Thailand) Limited of 179 Bangkok City Tower, 6th, 8th, 9th and 21st Floor, South Sathorn Road, Tungmahamek, Sathorn, Bangkok 10120 Thailand. For further information about L’OREAL, and the different divisions and brands within it, please visit www.lorealthailand.com.
Information Covered by This Policy
This policy covers all personal information collected and used by L’OREAL. In this policy, “personal information” means information or pieces of information that could identify you. This includes information such as your name, address, username, profile pictures, or email address, but could also include information such as your IP address, or information about your preferences and shopping habits.
What Information Do We Collect From You?
We may collect information about you from different sources detailed below.
Information you give us:
You may choose to provide personal information to us, for example by filling in forms on our website or at one of our stores or counters, entering competitions and prize draws, creating an account on our website or via a mobile app, contributing on one of our social platforms, applying for a role, or contacting us by email, phone, live chat, or otherwise.
The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, health information, and user-generated content. If you login to one of our sites using social login, you will also be giving us access to your social data on the relevant social network.
With subject to the consent you have given to us, you allowed us to present and offer our products or services with respect to all of our brands in portfolio at the appropriate extent and in completely correspondent with your desire toward our products or services. For a mutual understanding, our brands are as follows;
- LANCOME / GIORGIO ARMANI / Yves Saint Laurent / BIOTHERM / KIEHL’S / SHU UEMURA / CACHAREL / HELENA RUBINSTEIN / CLARISONIC / DIESEL / VIKTOR&ROLF / YUESAI / MAISON MARGIELA / URBAN DECAY / GUY LAROCHE PARIS / PALOMA PICASSO / ATELIER COLOGNE / HOUSE 99 / IT COSMETICS / PROENZA SCHOULER
CONSUMER PRODUCTS DIVISION
- L’OREAL PARIS / MAGIC / GARNIER / MAYBELLINE NEY YORK / AFRICAN BEAUTY BRANDS / ESSIE / NYX PROFESSIONAL MAKEUP / NIELY
PROFESSIONAL PRODUCTS DIVISION
- L’OREAL PROFESSIONNEL / KERASTASE / REDKEN / MATRIX / PUREOLOGY / MIZANI / DECLEOR / CARITA / BIOLACE / SEED PHYTONUTRIENTS
ACTIVE COSMETICS DIVISION
- VICHY / LA ROACH-POSAY / SKIN CEUTICALS / ROGER&GALLET / SANOFLORE / CERAVE
Information we collect about you:
Technical information, including your IP address, your login information, browser type and version, device identifier, location and time zone setting, browser plug-in types and versions, operating system and platform, page response times, and download errors;
Information about your visit, including the websites you visit before and after our site and products you viewed or searched for;
Length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
Emails that we send as part of our marketing program use clear gifs (web beacons). These tell us whether the email has been opened. Web beacons can be turned off by not “enabling images” in an email.
If you are using one of our mobile apps, we may also collect information about the way you use our app.
Information we receive and collect from other sources:
We may receive information about you if you use any of the other websites we operate (for example a website for another L’OREAL brand) or the other services we provide. We also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them. We may also collect information about you from publicly available sources, including publically available content on social media.
How Do We Use Your Personal Information?
We may use your personal information…
To get in touch and provide you with services you have asked for. We may:
- Send you information about products and surveys that may be of interest to you (where you have consented to this), or offer you opportunities to participate in competitions or surveys;
- Contact you about a particular type of product where you have started a transaction but not finalised your purchase;
- Provide you with products or services that you request from us, including carrying out any actions required from your request e.g. process an order that you make (including payment and delivery), or setting up an account with us;
- Reach you on social media, either directly or through tailored advertising content;
- Give you updates on any changes to our service;
- Keep an up to date suppression list where you have asked not to be contacted, so we do not inadvertently re-contact you;
- Process your payments and protect against fraudulent transactions; and
- Consider and review any application you have made to join us.
To provide you with a tailored and relevant experience. We may:
- Deliver relevant advertising tailored to your preferences to you directly on our website or when you visit other websites or social media channels, and measure the effectiveness of that advertising;
- Combine information we receive and collect from all sources to understand your interests and preferences, and provide you with an experience that is tailored to those interests and preferences e.g. by offering you products you are interested in first on our website, or sending you personalized offers or promotions by email (where you have agreed to receiving our emails); and
- Offer you content that is relevant to your location e.g. invitations to events;
- Ensure our website, social media pages, and email content and is presented in the most efficient and effective manner for you, including remembering your preferences and interests;
- Retarget advertising to you through social media including Facebook and etc.
To improve our site and content. We may:
- Administer, monitor, and improve our site, social media pages, and email content, including troubleshooting, analysis, testing of functions and different site design ideas;
- As part of our efforts to keep our site safe and secure; and
- Otherwise as required or permitted by law.
Do We Share Your Personal Information?
We may share your personal information with any member of the L’OREAL Group, which means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity of the L’OREAL Group. Please visit www.loreal.com for further details on the L’OREAL Group.
We may also share your information with trusted third parties including Facebook and etc.. We rely on trusted third parties to perform a range of business operations on our behalf. We only provide them with the information they need to perform the service, and we require that they don’t use your information for any other purpose. We will always use our best efforts to ensure that all third parties we work with will keep your personal information secure. We may share your personal information with:
Advertising, marketing, digital and social media agencies to help us to deliver advertising, marketing, and campaigns, to analyze their effectiveness, and to manage your contact and questions;
Third parties required to deliver a product to you e.g. postal/delivery services;
Analytics and search engine providers that assist us in the improvement and optimization of our site;
Credit reference agencies for the purpose of assessing your credit score where this is a condition of entering into a contract with you; and
We may also disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
If L’OREAL or a part of its assets are acquired by a third party, in which case personal data held by it about its customers relating to those assets will be one of the transferred assets;
In other circumstances if we have your consent or we are permitted to do so by law.
For Facebook,we may disclose your personal data to our partner:
All Facebook features and services available on our website/app are governed by the Facebook Data Policy, in which you can get more information about your privacy rights and settings options
Information that Facebook collects and shares with us;
- Sign-up with your Facebook login. If you do so, you consent to share some of your public profile information with us;
- Use the Facebook social plug-ins, such as “like” or “share” our content on the Facebook Platform;
- Accept cookies from this website/app (also identified as “Facebook Pixel”) that will help us understand your activities, including information about your device, how you use our services, the purchase you make and the ads you see, whether or not you have a Facebook account or are logged into Facebook.
When you are using those Facebook features, we collect data that help us to:
- Show you ads that you might be interested in on Facebook (or Instagram, Messenger or any other Facebook services);
- Measure and analyze the effectiveness of our websites/app and ads;
We may also use the personal information you gave us on this website/app (such as your name and surname, email, address, gender and phone number) to identify you in Facebook (or Instagram, Messenger or any other Facebook services) in order to show you ads that are even more relevant for you. While doing this, Facebook will not share your personal information and will delete the information promptly after the match process is complete.
For Google,we may disclose your personal data to our partner:
When we use Google advertising services on our websites/apps, Google will access and use your Personal Data. If you wish to learn more than on how Google uses your Personal Data in this context, please consult their Google Privacy & Terms available here which govern these services and data processing.
We will not sell your personal information.
Where we Store your Personal Information
How long do we keep your Personal Information?
We commit to secure your personal information in a safe and sound environment and only those necessary information as much as possible. Your personal information will be kept with us during the time your account is activated and interacted with us and we shall process to delete any unnecessary information out of the system once we recognized it’s no longer necessary. However, we will keep your personal information as long as allowable in accordance with international standard within the same industry and the laws and regulations.
Is my Personal Information Secure?
We are committed to keeping your personal information secure, and take all reasonable precautions to keep your personal information secure, and require that trusted third parties who handle your personal information for us do the same.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Links to Third Party Sites and Social Login
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates, including links from social media such as Facebook and etc. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We may also offer you the opportunity to use social login. If you chose to use social login, please be aware that the social platform will share your profile information with us. The information that is shared will depend on your social platform settings.
Social Media and User Generated Content
Some of our sites and apps allow users to submit their own content. Please remember that any content submitted to one of our social platforms can be viewed by the public, and you should be cautious about providing certain personal information e.g. financial information or address details via these platforms. We are not responsible for any actions taken by other individuals if you post personal information on one of our social media platforms.
It’s important that you are able to control your personal data. You have the right to request a copy of the personal information we hold about you, ask us to update or delete your personal information, and not to be contacted by us if you do not wish to be. If you have an account with us, you can sign in to that account to update your personal information. We won’t contact you for marketing purposes unless you agree, and you can easily unsubscribe at any time.
If you want to control which cookies are used, please see our Cookies Policy below.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Moreover, we hereby provided you the Cookies Notification Sign including any other technologies in the same manner which could collect any re-identifiable you as an individual in the Site.
Your Privacy Rights, Choice and Access
You may change your preferences and unsubscribe from email services from our brands by: (i) modifying your registered user information on the Sites; (ii) sending us an e–mail at [email protected] ; or (iii) following the unsubscribe instructions in the communication that you receive.
You have the right to deactivate Cookies. The settings from the Internet browsers are usually programmed by default to accept Cookies, but you can easily adjust it by changing the settings of your browser.
If you wish to restrict or block all the cookies which are set by our websites/apps (which may prevent you from using certain parts of the site), or any other websites/apps, you can do this through your browser settings. The Help function within your browser should tell you how. For more information please consult the following links:
Any changes we may make to our Privacy and Cookies Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy and Cookies Policy.
Your rights and contact information
We commit to you to fully adhere the Data Privacy Protection Act B.E. 2562 including any other laws and you may exercise your right as follows;
- Right to access and request your copy of personal information which are under our control or request to disclose how we acquired your personal information without your consent within the time indicated by law;
- Right to request your own personal information and/or request to transfer your personal information to any other Data Controllers unless the nature of request is impossible to do so;
- Right to object the collection, use or disclose your personal information at any times;
- Right to be forgotten, deleted or destroyed or request to transform your personal information into anonymous data in accordance with the law;
- Right to request the suspension of the use of your personal information according to the law;
- Right to have personal information updated, make it present without any misunderstanding.
If you have any questions or concerns about how we treat your personal information, or would like to request a copy of the personal information we hold about you, please contact us at 02-6843001 or by writing to us at:
Data Privacy Officer
Mr. Thitinun Jatupornwatanaphon
Customer Care Department
L’OREAL (Thailand) Limited
179 Bangkok City Tower, 6th, 8th, 9th and 21st Floor, South Sathorn Road,
Tungmahamek, Sathorn, Bangkok, 10120 Thailand
English and Thai versions of this Privacy and Cookies Policy are available. In the event of discrepancy, the English version shall prevail.
Last updated: September 15th, 2019