Introduction

This website is owned and run by L’Oréal Australia Pty Ltd (“L’Oréal”). L’Oréal is subject to the National Privacy Principles under the Privacy Act 1988 (Cth). This document sets out L’Oréal’s policy relating to the collection and use of your personal information when you use our website (“Website”). This policy applies to your conduct on the Website and is in addition to L’Oréal’s website terms and conditions of use and should be read in conjunction with such terms and conditions of use.

We may occasionally modify this privacy policy and will post those changes on this page. We may let you know via the homepage when this happens but you should check the policy frequently to read the changes.

Please note that the Website may contain links to and from other websites. We are not responsible for the privacy practices or the content of such websites and the information practices of those websites are not covered by this privacy policy.

What information do we collect? How do we use it?

L’Oréal has created a membership program which offers a personalised L’Oréal Paris experience. To become a member and obtain full benefits of L’Oréal Paris membership, you must register your details with us and log in as a member each time you visit the Website.

If you become a L’Oréal Paris member, we collect and use personal information from you so that we can provide you with the benefits of L’Oréal Paris membership, and to allow us to develop new products, offers and services which are relevant to you. From time to time, we may use the information you give us for marketing purposes (for example to develop or promote our products or services), to send you e-newsletters and email updates, and information about promotional offers and competitions. We will also send you member only offers and regular updates of our products and services. Once you have become a L’Oréal Paris member, we may continue to collect personal information about you in order to provide you with the full benefits of membership. We may share information you give us with other carefully selected companies.

When you visit the Website, we will not collect any personal information about you unless you provide it to us voluntarily. If you opt not to provide us with personal information you can still access our Website; however you will be unable to obtain or participate in L’Oréal Paris membership.

If you are not or do not log in as a L’Oréal Paris member, our servers will automatically record information about your usage of the Website whenever you visit the Website, such as the time of the visit, its duration and the pages you visit. If you have not identified yourself on the Website, such as by registering for membership or logging in as a member, the information we collect about you remains anonymous.

Whenever we collect personal information we make an effort to include a link to this privacy policy on that page.

Do we share the information we receive?

Personal information received from you via the Website will only be used by L’Oréal, except as otherwise required by law or as L’Oréal specifically discloses to you when the information is collected.

We will not disclose personal information received from you via the Website to third parties except:

• where third parties appointed by L’Oréal (for example, our advertising agencies) require access to personal information in order to perform services for L’Oréal and where such third parties are under an obligation to keep that information secure and confidential;
• within the L’Oréal group in accordance with the law;
• where L’Oréal is required or authorised by law to disclose personal information, for example to law enforcement agencies;
• with your consent; or
• where otherwise consistent with the Privacy Act 1988 (Cth) and any other applicable law.

Where will the data be stored? How secure is it?

We will take all reasonable steps to keep secure any information we hold about you and to keep this information accurate and up to date. Your information is stored on our in-house database which only our employees and agents can access. This, or the dynamics of the Internet may mean that information is sent electronically to servers outside of the country where you originally entered the information. In addition, that information may be used, stored and processed outside the country where you entered that information. Your information is stored on our in-house database which only our employees and agents can access. This, or the dynamics of the Internet may mean that information is sent electronically to servers outside of the country where you originally entered the information. In addition, that information may be used, stored and processed outside the country where you entered that information.

Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot warrant the security of any information you transmit to us and you do so at your own risk.

What about "cookies" - do we use them?

Your Consent

By using the Website and submitting information, you consent to:-
(i) the collection and use of your personal information by us as described above; and
(ii) the transfer of your personal information to countries outside Australia.

Accuracy of Your Personal Information

If you are a L’Oréal Paris member, you can access, change and update your membership profile at any time by logging into your L’Oréal Paris membership via the Website.

You can also seek to update or verify the accuracy of your personal information submitted to L’Oréal through the Website by emailing us at enquiries@lorealbeautyconfidential.com.au.

You can request that we delete your personal information by cancelling your L’Oréal Paris membership. This can be done by logging into your L’Oréal Paris membership via the Website and selecting the unsubscribe from L’Oréal Paris membership option. We will make a reasonable effort to delete your personal information once you cancel your L’Oréal Paris membership, and you will no longer receive any further correspondence from the L’Oréal Paris club including our newsletter and direct mailouts.

Further Information

Questions regarding this privacy policy should be directed to enquiries@lorealbeautyconfidential.com.au.

IMPORTANT. Thank you for accessing the L’Oréal Paris Australia website, http://www.lorealparis.com.au (the "Website"). Please read these terms and conditions (the "Terms") before using the Website.

The Website is operated by L'Oréal Australia Pty Ltd, whose registered office is at 564 St Kilda Road, Melbourne VIC 3004 ("L'Oréal"). By using the Website, you signify your acceptance of the Terms in consideration of which L'Oréal provides you with access. L'Oréal reserves the right to modify the Terms at any time. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your access to the Website following any such change will constitute your agreement to follow and be bound by the Terms as amended. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time L'Oréal may run competitions and promotions via the Website. Each competition and promotion is subject to separate terms and conditions which will be available via information provided on the Website.

While L'Oréal has endeavoured 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.

The Website may contain links that will let you leave the Website or that will let you access this Website from third party sites. Links contained on the Website may, on occasion, display content or information from other websites within frames on the Website. Websites or pages to which the Website is linked are for information only and have not been reviewed by L’Oréal. 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 favour 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 (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trade marks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content may include 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 applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.

You may not use any of L'Oréal's trade marks, trade names or brands without L'Oréal's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands and marks.

You agree to notify L'Oréal in writing promptly upon becoming aware of any unauthorised 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, trade mark, or other contractual, statutory or common law rights of any party.

You acquire no rights or licences 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 from, transmit, or in any other way exploit any part of the Website.

Download of content from the website is permitted by L'Oréal provided only that:

Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by 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 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.

If you would like information about obtaining L'Oréal's permission to use any of the Content or if you would like to link your website to the Website, email your enquiry abureau@au.loreal.com

L’Oréal has provided the Website as a general information service. All information provided on the Website is intended for your general knowledge only. It is not intended to be comprehensive and should not be relied upon in place of professional medical or beauty advice. You should seek prompt medical care for any specific health issues.

L’Oréal makes no warranties or representation about any Content or information on the Website, either express or implied, and to the fullest extent permitted by law, excludes (and where law does not permit an exclusion, limits to the extent permitted by law) all warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the Website. 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.

Any attempt to deliberately damage the Website, or the information on the Website, or to otherwise undermine the legitimate operation of any competitions or offers, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, L’Oréal reserves the right to seek damages to the fullest extent permitted by law.

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 or the Content you should discontinue use of the Website.

L'Oréal excludes all liability to you or any third party for any direct, special, indirect, consequential or incidental costs, losses, damages, and expenses, exemplary or lost profits, or any other damages of any kind incurred in any way (including but not limited to those arising from negligence), whether based on warranty, contract, tort (including negligence) or otherwise, even if L'Oréal has been advised of the possibility thereof, connected with any use of or access to the Website, or any reliance on information contained on 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.

These Terms do not affect your statutory rights or your legal rights as a consumer. Where terms are implied by statute, they are excluded to the extent permissible by law. If they cannot be excluded, L’Oréal’s liability will (where permissible by law) be limited to:

• in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, at L’Oréal’s election; and
• in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again, at L’Oréal’s election.

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.

You agree to indemnify, defend, and hold harmless each of L'Oréal, its employees, representatives and agents, from and 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:
(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
   • (a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
   • (b) is misleading, libellous or defamatory, or otherwise results in injury or damage to any third party;and
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you.

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'Oreal, 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.

L’Oréal has the right to terminate or suspend operation of the Website, for any or no reason, without notice and without liability.

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.

Any information you transmit through this Website is subject to L’Oréal's privacy policy and remains L’Oréal’s property. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under law.

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 your identity.

If any provision of the Terms 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 the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a continuing waiver of such term or any other term.

Except as provided herein, the Terms 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.

The Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Copyright © L'ORÉAL PARIS 2009