Terms of use of Karine Joncas Cosmetics
Please read carefully the terms of use (hereinafter “conditions of use”) below from KARINE JONCAS COSMETICS INC., a company incorporated under the Corporations Act, headquartered at 555 Chabanel Street West – 1402, in the city of Montreal, Quebec, Canada (hereinafter “Karine Joncas Cosmetics”).
Karine Joncas Cosmetics operates the current website “https://karinejoncas.ca/” (hereinafter “platform”), on which she offers users a wide range of cosmetics.
In deciding to use the Karine Joncas Cosmetics platform and services, the user, understood as the end user or organization you represent or work for (hereinafter the “user” or the “users“) accepts all of the terms of use listed below that govern the content and use of the platform, as well as the “privacy policy” as a result of Karine Joncas Cosmetics’ terms of use.
These terms of use have the effect of legally linking the user and Karine Joncas Cosmetics (hereinafter the “parties“). Parties have the right to invoke these terms of use and to take all necessary measures to enforce them.
If the user does not accept these terms of use or, as the case may be, the terms of use as modified from time to time, he must not, or no longer, use the platform.
ACCESS AND USE OF THE PLATFORM
If you’re browsing the platform, it means you’ve read, understood and accepted the terms of use.
The platform is available on all browsers.
THE SERVICE
The platform is accessible at all times. The platform may be temporarily unavailable in case of updates or technical problems. Karine Joncas Cosmetics is not responsible for service interruptions or updates. Karine Joncas Cosmetics tries to make updates when the number of visits to the platform is at its lowest.
Karine Joncas Cosmetics does not guarantee that the platform, or any part of it, will operate on particular hardware or devices. In addition, the platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Karine Joncas Cosmetics reserves the right to add, delete and edit all content, or part of it, on the platform, with the exception of user-specific content. Karine Joncas Cosmetics cannot be held responsible for errors, typographical errors and bugs. Each user created in the system owns the content of their account. Karine Joncas Cosmetics does not delete anything unless a user requests it.
Each user of the platform undertakes, without limitation, not to:
- Use the platform in a way that could damage, put out of service, overload or compromise the platform;
- Disrupt security or otherwise abuse the platform, or any service, resource systems, servers or networks connected to the platform or sites affiliated or connected or accessible through them;
- Disturbing or disrupting the use or enjoyment of the platform by other services or affiliated or linked sites;
- Download, view or otherwise transmit a virus or other harmful, disturbing or destructive computer file or program on the platform;
- Use a robot, spider or other automatic device or manual process to control or copy the platform’s pages or its contents;
- Transmit e-mails, letter chains, spam messages or other types of unsolicited mass emails through the platform; and
- Attempt to obtain unauthorized access to the platform or portions of the platform to which access is limited. In addition, the user agrees that he is solely responsible for any actions and communications undertaken or transmitted to or on his behalf, and all applicable laws regarding its use or activities on the platform should be respected.
INTELLECTUAL PROPERTY
Unless otherwise stated, all intellectual property rights (trademark, copyright, etc.) (hereinafter “intellectual property”) related to the platform are the exclusive property of Karine Joncas Cosmetics. You cannot copy or use the material, structure, menu, appearance or characters that appear on the platform without the explicit consent of Karine Joncas Cosmetics.
Certain names, words, titles, expressions, logos, icons, graphics, drawings, domain names or other content on the platform may, among other things, be trademarks or trade names, registered or not registered (for the purposes of these terms of use, they are all referred to as “trademarks“). These trademarks are protected by Canadian and foreign trademark laws and are, as applicable, the exclusive property of Karine Joncas Cosmetics.
Without limiting its scope, the intellectual property elements belonging to Karine Joncas Cosmetics include, not exhaustively, the following:
- All logos, drawings, graphics, photos, videos, trademarks (filed or not), symbols, texts, expressions, words as well as all general content of the platform not already subject to intellectual property rights.
Unless otherwise stated, all information provided on the platform belongs to Karine Joncas Cosmetics, and is protected by the applicable laws in this case. In addition, information cannot otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reused, sold, transmitted or used for derivative, public or commercial purposes without a written and express authorization from Karine Joncas Cosmetics. The information is protected under copyright and trademark legislation in Canada and the countries hosting the platform.
You may use the information solely for your personal, non-commercial use, provided that you refer to the copies of the copyright notice, the respective trademark notices and assignments, and that you do not modify it.
Images and text contained on the platform that are downloaded, copied, recorded or printed are still subject to these terms of use. You must ensure that all copyright and trademark reviews are still on the list. The content of the platform can be changed at any time without notice. For more information on authorizing the use, reproduction or re-release of any information presented on the platform, please contact us at contact@karinejoncas.com.
Nothing in this document shall be interpreted as conferring any license or any right to the user under the laws relating to copyright or trademarks.
Unauthorized download, retransmission, copy or modification of intellectual property or data contained on the platform may contravene laws including trademark or copyright laws, and may expose the user to legal action.
Subject to applicable laws, content created, imported, submitted or stored by the user is the user’s property and is responsible for ensuring that he has the rights to use it.
EXTERNAL LINKS
By using a hyperlink, the user may leave the platform to access external content (hereinafter “external websites”). Karine Joncas Cosmetics provides users, in addition to its own content, links to external websites solely for user friendliness and as information for the user. Karine Joncas Cosmetics has no control over the content of these external websites and assumes no responsibility for their accuracy, completeness, authenticity, news or adequacy. Any liability of Karine Joncas Cosmetics is excluded, in particular regarding direct or indirect damage or the consequences related to the use of the contents of these external websites. Karine Joncas Cosmetics has no influence on the contents of external websites to which the links refer and is free of any responsibility. Karine Joncas Cosmetics does not require the transmission of information, does not select the recipients of the information transmitted or the information itself, nor does it change it. In addition, Karine Joncas Cosmetics does not carry out any short-term automatic intermediate backup of these external links under the existing link creation and consultation method. Therefore, the responsibility for the content of external websites accessible via external links rests exclusively with their operators.
In addition, Karine Joncas Cosmetics cannot guarantee the absence of any violation of any law, including the absence of any infringement of copyright or trademarks or the rights of third parties by these external websites or their content, nor there are no viruses or other harmful components.
There is no guarantee as to the authenticity of the documents available on the Internet.
SOCIAL MEDIA
The following conditions apply when you access a social media page, user account, website, network or any application contained in them that has been designed and managed by a social media (individually, a “social media” and collectively, “social media“).
General statement
By using the social media pages and submitting a comment, photo, video or other material, you (and your parent / legal guardian if you have not reached the age of majority in the province or territory where you live) agree to be bound by and abide by Karine Joncas Cosmetics’ terms of use and privacy policy as well as the terms of use of third-party social media providers. You also consent to Karine Joncas Cosmetics copying, editing, publishing, translating and distributing your comment, photo, video or other element published on a social media, without compensation.
Social media terms of use
Some of the comments and other items posted on social media pages may not represent the views of Karine Joncas Cosmetics. For example, you agree not to publish or submit any information, publications, links or any other item of any kind on the social media pages that fall into one of the categories described below, compared to Karine Joncas Cosmetics:
- Any defamatory content;
- Offensive;
- Counterfeit;
- Obscene;
- Misleading;
- Illegal;
- That otherwise violates the rights (including those related to the protection of personal information) of others;
- Any content that includes advertising;
- Promotional materials or any form of unwanted solicitation;
- Any content whose origin or source is falsified;
- Any financial or personal information about you or another person; and
- Any information that the Company deems to be in contravention of the terms of use.
Any information, message, link or item that Karine Joncas Cosmetics considers to belong to one of the above categories will be deleted immediately, and this without liability to Karine Joncas Cosmetics.
In addition, Karine Joncas Cosmetics does not take responsibility for filtering messages published on social media.
Karine Joncas Cosmetics disclaims any liability for entities that own or operate social media, including any loss or direct or indirect damage resulting from any action or decision taken by you or another social media websites.
NOTICE OF NON-RESPONSIBILITY, EXCLUSION OF WARRANTY AND COMPENSATION
Karine Joncas Cosmetics does not guarantee the accuracy, completeness, quality, relevance or content of the information on her platform. This information is provided “as is” without any guarantee or condition whatsoever, except in territories that do not allow the exclusion of guarantees.
Karine Joncas Cosmetics is not responsible for the content filed on the platform by users and any damage that may result. Each user is responsible for the content they exchange on the platform and cannot use the platform for purposes contrary to applicable laws in Quebec and Canada.
Except in cases where the Consumer Protection Act is applicable, Karine Joncas Cosmetics cannot be held liable for any direct, indirect, special, accessories and subsequent damages, or any other damage of any kind, including loss of revenue, profit or anticipated economic benefits resulting from the use or inability to use the platform, the information, documents and software contained in it, with its content, even though Karine Joncas Cosmetics has been warned of the possibility of such damage or even if such damage can be reasonably foreseen.
As a user, you will compensate Karine Joncas Cosmetics, and, if applicable, its directors, its officers, shareholders, associates, employees, agents, consultants and other stakeholders of Karine Joncas Cosmetics, and absolve them of any liability for all claims, liability, losses and costs (including legal costs) attributable to the use of the platform and/or the violation of these terms of use, whether that violation of you or any third-party user of your account.
You may not use or export the information, nor any copy or adaptation of the information in contravention of applicable laws or regulations.
APPLICABLE LAW AND COMPETENT COURTS
The platform and its content are managed by Karine Joncas Cosmetics from its offices in the province of Quebec in Canada. The platform and its content, these terms of use and your use of it are all governed by the applicable laws of Quebec and Canada, without giving effect to any principle relating to the conflict of laws.
You agree that all issues and disputes concerning the platform and your use of it should first be brought in front of a mediator and, in the absence of compromise, decided by the courts of the province of Quebec.
In addition, any court decision that any provision of these terms of use is void or unenforceable has no effect on the other clauses.
MODIFICATION OF THESE CONDITIONS
Karine Joncas Cosmetics occasionally updates these terms of use. The continued use of the platform is your agreement with regard to these terms of use and its updates.
The user accepts and acknowledges that Karine Joncas Cosmetics reserves the right, at any time and without prior warning, to modify, change or update the terms of use.
However, when the Consumer Protection Act applies, Karine Joncas Cosmetics will notify thirty (30) days before the amendment of these users comes into force. If the user refuses these changes and wishes to terminate the contract, he will have no more than thirty (30) days after the amendments come into force to send a notice to Karine Joncas Cosmetics and resolve, without charge or penalty, his obligations to Karine Joncas Cosmetics.
If you object to any changes to these terms of use, please stop using the platform. Karine Joncas Cosmetics will try, as far as possible, to inform users of any changes made to these terms of use. However, it is your responsibility to review them regularly to be informed of any changes that may be made.
FRENCH AND ENGLISH LANGUAGE
In the event of a problem of definition or interpretation between the French and English versions of these terms of use, the French version will prevail.
CONTACT PERSON
If you have any questions or comments regarding any content on the platform, please contact us at contact@karinejoncas.com.
Last updated on December 19, 2019.
Karine Joncas Cosmetics privacy policy
INTRODUCTION
With the advent of new communication tools, it is necessary to pay special attention to privacy. That’s why we, KARINE JONCAS COSMETICS INC. (hereafter called “Karine Joncas Cosmetics“), are seriously concerned about the privacy of your personal information and are committed to respecting the confidentiality of the information we collect.
Karine Joncas Cosmetics is committed to complying, in accordance with applicable laws, the obligations concerning the collection and processing of personal and confidential information obtained in connection with the operation of a business in order that everyone can benefit from privacy.
This privacy policy (hereinafter the “policy”) describes the information we may collect from users, who are understood to be the end user or organization you represent or for “user” or “users“) in our activities, the purposes for which we collect them, how we use them, and the circumstances under which we can pass them on to third parties. In addition, this policy indicates the user’s rights to collect, use and disclose their personal information. Karine Joncas Cosmetics undertakes not to collect, use or disclose the User’s personal information other than in accordance with this policy and applicable laws in Canada and Quebec.
SCOPE OF THE POLICY
When the user browses the Karine Joncas Cosmetics website (hereinafter the “platform“), he agrees to the terms and conditions of this policy. If the user continues to use the platform after a new version of this policy has been posted there, he consents to the changes and will be bound by them.
The information we collect is necessary when we provide a service to the user he has requested. By providing us with this information, the user consents to it being collected and used in the manner defined in this policy.
COLLECTING PERSONAL INFORMATION
Karine Joncas Cosmetics may obtain personal information from the user when he safeguards personal information on the platform or, if necessary, by otherwise transmitting personal information, including creating a user account and choosing a password, logging in as a user registered with the platform, launching a product search, requesting a service, providing information in their account, communicating with us by phone, email or otherwise, or by filling out a form to participate in a contest, an inventory application, a promotion or a survey.
We collect the following information from the user when they sign up:
- Last name and first name;
- Phone number;
- Personal address;
- Business address;
- Email; and
- Banking information.
The user’s personal information will not be retained beyond the reasons for the collection. Data deletion occurs when the user deletes his account. The user will then have thirty (30) days to recover his data, otherwise Karine Joncas Cosmetics will delete it permanently.
The platform is designed for use by adults only as understood in the province of Quebec. Karine Joncas Cosmetics does not knowingly collect personal information from persons under the age of 18.
For more information on the protection of your personal information and related rights, you can contact the Office of the Privacy Commissioner of Canada or the Quebec Privacy Commission.
- Office of the Privacy Commissioner of Canada www.privcom.gc.ca
- Commission d’accès à l’information du Québec www.cai.gouv.qc.ca
FORMS AND INTERACTIONS
The user’s personal information can be collected through forms, i.e.:
- Platform registration form;
- Order form;
- User profile update form; and
- Contact form.
Karine Joncas Cosmetics also uses cookies, as shown in the Automatic Exchanged Data section. Karine Joncas Cosmetics can also keep a record of products of interest to the user and obtain information about it from current or future divisions or companies that are part of Karine Joncas Cosmetics.
Karine Joncas Cosmetics can use the user’s personal information to :
- Stay in touch with the user and provide a personalized service at all times;
- Learn more about the user’s purchasing preferences; And
- Conduct market research and performance research to assess our customer service, measure our performance, enhance the experience we provide to our customers and improve our products. As stated below, the user is free to choose not to receive advertising or commercial material at any time.
If the user does not subscribe to our newsletter, he will not receive any e-mail from Karine Joncas Cosmetics, except in specific cases (e.g., tracking or expiry of his subscription, followed by his free trial, participation in a contest, etc.).
User information is also collected through the interaction that can be established between the user and the platform and can be used for the following purposes:
- Providing services to the user;
- Provide personal information to business partners;
- Send newsletters; and
- Send promotions.
ADVERTISING INFORMATION
Karine Joncas Cosmetics will only contact you if you wish. If you prefer not to receive advertising information from us or if you do not want us to use your personal information to enhance your experience as a user, please let us know by contacting contact in the “right of opposition and withdrawal” section.
Don’t forget to include your full name and email address you used when you registered or made a purchase with us. There may be a processing time for an email or mail request and you may continue to receive communications from Karine Joncas Cosmetics in the meantime.
THIRD PARTY SERVICES
Karine Joncas Cosmetics will be able to use third-party services in the management of its business and its platform. In no way is Karine Joncas Cosmetics liable for any harm that may have come from these third-party services. To find out the terms of use of these services, we invite the user to consult their respective website.
Karine Joncas Cosmetics prohibits and is not responsible for the resale or use by third parties of the opt-ins obtained through the platform by event organizers. If you have agreed to share your contact information with partner organizations, then we will share them with them. We do not sell or rent our lists.
DATA EXCHANGED AUTOMATICALLY
We collect certain information when exchanging between the user’s computer and our server. Cookies allow the user to connect to the platform. This is mainly the following information :
- Navigation history; and
- User’s language.
Most of the information transmitted automatically does not allow us to know the identity of the user. They are only collected because of the technological requirements inherent in Internet browsing. Most browsers automatically accept cookies, but it is usually possible to change this behavior. However, if the user chooses to refuse witnesses, he may not be able to identify himself or use certain functions of the platform.
The use of such information allows us to improve the service, personalize the user experience and better track a request or order.
This information is also used to:
Stay in touch with the user and provide a personalized service at all times;
Learn more about users’ buying preferences; and
Conduct market research and performance research to assess customer service, measure performance, enhance user experience and improve products.
These control files are multiple, some expire when the user closes his browser and no longer have any effect while others can be retained.
INTERNATIONAL COMMUNICATIONS
In some situations, user data may pass through servers outside of Canada. The user recognizes this and absolves Karine Joncas Cosmetics of the consequences of such a transfer.
SHARING PERSONAL INFORMATION
Karine Joncas Cosmetics undertakes not to market personal information collected without the user’s express consent. The only situation where personal information can be sold is a partial or total transfer of the business to a third party. In such a case, the information transferred as assets of Karine Joncas Cosmetics will be subject to the same guarantees as that of this privacy policy.
Unless otherwise stated in this policy, the personal information that the user provides will not be passed on to third parties without his permission. However, we sometimes share this information with partners.
If the user does not wish to have his personal information shared with third parties or partners, he or she may object at any time, as mentioned in the next section.
RIGHT TO OBJECT AND WITHDRAW
We are committed to offering the user a right to object and withdraw their personal information.
The right of objection is defined as the opportunity for users to refuse to have their personal information used for certain purposes mentioned at the time of collection.
The right to withdraw is defined as the ability of users to request that their personal information no longer appear, for example, in a mailing list.
The user is also entitled to request access to the personal information we have collected about him and to correct it as necessary by contacting the contact person, whose contact information will be found in the section “contact person” below.
ANTI-SPAM LAW
Karine Joncas Cosmetics complies with the requirements of the Canadian Anti-Spam Legislation (CASL). To opt out of our e-mail mail list, just contact us at contact@karinejoncas.com.
SECURITY
The personal information that Karine Joncas Cosmetics collects is stored in a secure environment. Karine Joncas Cosmetics has taken appropriate measures to preserve the confidentiality of personal information and protect it from loss or theft, as well as access, communication, reproduction, use or modification including their sensitivity and the purposes for which they are employed. In addition, Karine Joncas Cosmetics requires that each employee, agent or representative of Karine Joncas Cosmetics comply with this policy.
To ensure the security of the user’s personal information, Karine Joncas Cosmetics uses, among other things, the following measures:
- Protocole SSL (Secure Sockets Layer);
- Secure access to premises;
- Protected access to servers and computers;
- Firewall;
- Use of password-protected data networks;
- Confidentiality agreement with employees;
- Internal privacy policy;
- Current security update;
- Encrypted and secure electronic communications; and
- Canadian server.
Karine Joncas Cosmetics is committed to maintaining a high level of security by integrating the latest technological innovations to ensure the confidentiality of the user’s transactions in order to ensure the protection of his data and prevent them from being accessed, used or disclosed without authorization.
However, as no mechanism provides maximum security, there is always a risk when using the Internet to transmit personal information. If a password is used to protect the user’s account and personal information, it is his responsibility to keep it confidential.
CONTACT PERSON
You can exercise the rights under this policy or direct any other questions or complaints about Karine Joncas Cosmetics’ privacy practices by contacting us:
Name: Martin TAILLEFER
Email: contact@karinejoncas.com
AMENDMENT OF THIS POLICY
We occasionally update this policy. The continued use of the platform is the user’s agreement with regard to this privacy policy and its updates.
The user accepts and acknowledges that Karine Joncas Cosmetics reserves the right, at any time and without prior warning, to modify, change or update the policy.
However, when the Consumer Protection Law applies, Karine Joncas Cosmetics will notify thirty (30) days prior to the entry into force of the modification of the present users of the platform. If the user refuses these changes and wishes to terminate the contract, he will have no more than thirty (30) days after the amendments come into force to send a notice to Karine Joncas Cosmetics and resolve, without charge or penalty, his obligations to Karine Joncas Cosmetics.
If the user has any changes to this policy, he must cease all use of the platform. Karine Joncas Cosmetics will attempt, as far as possible, to inform users of any changes made to this policy. However, it is the user’s responsibility to review them regularly to be informed of any changes that may be made.
Last updated on December 19, 2019.
