Legal information

Pierre Fabre for Med website: legal information

Publisher:

PIERRE FABRE S.A.
French public limited liability company (Société Anonyme) with a capital of €272,416,657.50
Registered in the Paris Trade and Companies Register under number B 662.006.170 12,
Having its head office at Zone Industrielle de la Chartreuse, 81100 Castres
Telephone: +33 (0) 5 63.62.38.50

Publishing Director:

PIERRE FABRE SA
Eric Ducournau

Webmaster; Developer; Design Credit; Creation:

ARNEO, owned by Arneo Consulting,
Simplified joint-stock company (SAS) with a capital of €571,424
Having its head office at 37-41 Rue Fernand Pelloutier, 92 100 Boulogne Billancourt
Registered with the Nanterre Trade and Companies Register under number RCS 529 676 496
Contact: hello@arneogroup.com

Hosting service provider:

OVH
Simplified joint-stock company (SAS) with a single partner with a capital of €10,174,560
Having its head office at 2 Kellermann Street, 59100 Roubaix
Registered with the Lille Métropole Trade and Companies Register under number 424 761 419

General conditions of use of the pierrefabreformed.com website

Article 1 - Purpose of the general conditions of use

The purpose of these general conditions of use (hereinafter the “GCU”) is to define the terms and conditions for using and accessing the Website belonging to PIERRE FABRE FOR MED (hereinafter “PIERRE FABRE FOR MED”) belonging to PIERRE FABRE SA (hereinafter “PFSA”), which users (hereinafter “Users”) are deemed to have accepted simply by visiting this Website. If the Users do not wish to accept these conditions, PIERRE FABRE FOR MED requests that they leave the Website.

The GCU are subject to French law and may be modified at any time without prior notice. The use and consultation of the Website are restricted to personal, non-commercial purposes. In general, the User shall refrain from using all or part of the Website for illicit purposes (copyright) or purposes contrary to these GCU.

By visiting the Website, the User agrees to abide by the GCU as published on the date of the visit. The GCU apply to all Users who visit the Website.

Article 2 – Description of the website

The Website is only accessible online at the following address: https://pierrefabreformed.com/

PIERRE FABRE FOR MED is a secure and free B-to-B web platform reserved for health care professionals. The Website is designed to enrich the daily clinical practice of health care professionals by offering them content and services tailored to their needs, access to information on a self-serve basis as well as to scientific content, products and even clinical cases. It should be noted that a single website will bring together information about the various brands.

The contributions are scientific and medical in nature and are written by doctors and experts in their field as well as by the Medical Departments of the Dermo-Cosmetics brands (Eau Thermale, Ducray and A-DERMA) and are strictly non-promotional.

PIERRE FABRE FOR MED provides the following services to its users:

A home page and a Dermo-Cosmetics Brands home page
Product pages
Pages relating to clinical studies and publications
A prescription support tool
Patient help sheets
The option to contact a medical sales representative via this website
An expert directory
Replays of webinars and symposia
Clinical Cases
FAQ

The Website publishes, in particular, non-contractual information about its brands, constantly striving to describe all of their products, without the intention to sell products or services directly (unless expressly stated otherwise) (hereinafter referred to as “Services”).

The Website is entirely funded by PFSA. The Website cannot be considered a contractual offer and does not include any form of advertising.

Given that the Website is updated while taking into account all activities, certain new information, Services, or announcements may no longer be valid at the time they are published, or they may simply be outdated. In spite of its best efforts, PIERRE FABRE FOR MED cannot guarantee that all the information and Services on the Website are completely up to date.  

PIERRE FABRE FOR MED does not guarantee the correctness or the completeness of information and Services on the Website. PIERRE FABRE FOR MED shall make the appropriate corrections. The information and Services published or offered may also be subject to updates in the interim period between the User first viewing them and the User being fully aware of them. Consequently, PIERRE FABRE FOR MED does not guarantee in any way that such Information and Services are accurate, complete, and up to date.

Use of the Website falls under the sole and entire responsibility of the User. PIERRE FABRE FOR MED shall not be held liable for any result obtained following the use of the Website. Unless expressly stated otherwise, any new characteristic that improves or augments one or more existing Services or any new Service launched by PIERRE FABRE FOR MED shall be subject to the GCU.

Users accept that the Service is provided to them “as-is”. Users undertake to use the Website in accordance with the purposes described in the GCU, to not distort the purposes of the Website, and to not attempt to re-direct Users to another service.

Article 3 – Editorial policy

The entire scientific content of the Website is written by doctors and experts in their field. The editorial plan is drawn up under the supervision of PIERRE FABRE SA and a Steering Committee to ensure compliance with the editorial policy.

Users are aware that all information, data, texts, software, tools, advice, photographs, images, videos, advice sheets, messages or any other material on the Website (hereinafter collectively referred to as “Content”) are the responsibility of the person who provided such Content:

A home page and a Dermo-Cosmetics Brands home page
Product pages
Pages relating to clinical studies and publications
A prescription support tool
Patient help sheets
The option to contact a medical sales representative via this website
An expert directory
Replays of webinars and symposia
Clinical Cases
FAQ

This provision of information does not entail any transfer of property rights attached to said Services. Users are only granted non-exclusive permission to view and use the Services for their private usage. In this respect, Users are prohibited from copying or reproducing the Services in full or in part, by any means and on any existing or future medium whatsoever, from translating the Services into any other language or wording, and from adapting the Services.

Article 4 - Conditions for accessing the website

4.1 Accessing the website

The site is accessible online by visiting the following address: https://pierrefabreformed.com/

It is available in different languages at the following addresses:

International:

pierrefabreformed.com/fr/
pierrefabreformed.com/en/

France:

fr.pierrefabreformed.com/fr

Spain:

es.pierrefabreformed.com/es

Italy:

it.pierrefabreformed.com/it

To access the Website, the User must have the hardware and software required to use the Internet. In order to access the Website via a computer, tablet, or mobile telephone (hereinafter referred to as the “Hardware”), the User must have adequate high-speed Internet access and a telephone service plan permitting Internet access from a compatible computer/tablet/mobile telephone, such as a smartphone (iOS, Android) with a WAP, Wi-Fi, and/or 3G/4G connection.

The User recognizes that the terms and conditions of the contract with their Internet/mobile telephone service provider will continue to apply during usage of the Website.

The User will assume sole responsibility for all costs that may be claimed by the service provider relating to access to Internet connection services via Wi-Fi, WAP and/or 3G/4G, upon using the Website.

The User shall refrain, when using the Website, from impeding or disrupting the proper operation of the Website, servers, or networks and/or modifying, adapting, or pirating the Website and/or modifying a third-party application or website so as to generate confusion regarding the relation to the Website.

The User is aware of the constraints and limitations of Internet and telecommunications networks, and consequently undertakes:

To protect their Hardware against all types of viruses and against any attempt at unauthorized intrusion, access, and/or use by third parties;
To ensure that the installation, operation, and maintenance conditions of their Hardware meet the requirements for the proper functioning of the Website.

4.2 Creating and deleting a user account

The Website is accessible online by visiting the following address: https://pierrefabreformed.com/

The User recognizes that the terms and conditions of the contract with their Internet/mobile telephone service provider will continue to apply during usage of the Website. The User will assume sole responsibility for all costs that may be claimed by the service provider relating to access to Internet connection services via Wi-Fi, WAP and/or 3G/4G, upon using the Website.

The User is aware of the constraints and limitations of Internet and telecommunications networks, and consequently undertakes:

To protect their Hardware against all types of viruses and against any attempt at unauthorized intrusion, access, and/or use by third parties;
To ensure that the installation, operation, and maintenance conditions of their Hardware meet the requirements for the proper functioning of the Website.

In order to obtain access to the Website, it is mandatory to register and to create an account (hereinafter “User Account”). All Users are only authorized to hold one (1) User Account. To create a User Account, the User must log in to the Website using unique login credentials: PFID “PFID by Pierre Fabre” and must complete the PFID form with the required identification data: first name, last name, email, telephone, country, profession, specialty, RPPS no., password.

PFID is Pierre Fabre’s SSO (Single Sign-On) authentication solution that enables health care professionals to easily and safely access multiple applications and B-to-B websites of the PIERRE FABRE Group using a single account.

Once Users have logged into the PIERRE FABRE FOR MED Website, they will be asked to provide the CP and their consent.

Users are solely responsible for the veracity, consistency and completeness of the information entered in their User Account. By using the Service, Users agree to:

Provide true, accurate, up-to-date and complete information about themselves (this information is hereinafter called “Registration Data”)
And to maintain and regularly update such Registration Data in order to keep it true, accurate, up to date and complete. In the event that the Registration Data is false, incorrect, outdated or incomplete, PIERRE FABRE FOR MED is entitled to suspend or terminate the User Account and to refuse the User concerned access to all or part of the Service immediately and in the future.

Users will receive a confirmation email at the end of the registration procedure. Users must open the message and follow the instructions to confirm their registration. Users are solely responsible for using, storing and protecting their password. Users acknowledge that they are responsible for maintaining the confidentiality and privacy of the username and password associated with their User Account.

Consequently, Users agree to be solely and exclusively responsible to PIERRE FABRE FOR MED for all actions carried out from their User Account and for protecting their password. In addition, Users undertake to take all useful and relevant precautions, in particular with respect to secure access to their Hardware so that the said data is not accessible to unauthorized third parties. PIERRE FABRE FORMED will not be responsible for access by a Third Party Hardware to the data entered on the Website. The access codes must be kept safely by Users and must not be communicated or shared with third parties. Therefore, any connection or data transmission made with a User’s password will be deemed to have been made by the User. PIERRE FABRE FOR MED may not be held responsible in any way for the loss of this password.

In the event of loss or theft of his/her password and/or User Account, the User undertakes to inform PIERRE FABRE FOR MED without delay at the address given on the top of the GCU or by email to the following address:contactpierrefabreformed@pierre-fabre.com

The same email address cannot be used by more than one User Account. Only the User and Website administrators can access the User Account. Users may request the deletion of their User Account and any data concerning them, at any time, without having to provide any reason, simply by sending an email to the following address: contactpierrefabreformed@pierre-fabre.com or a letter to the address on the top of the GCU.

PIERRE FABRE FOR MED may terminate the use of the Website by a User subject to reasonable prior notice. PIERRE FABRE FOR MED also reserves the right to terminate the User Account as of right, in the event of a binding legal ruling, force majeure events, breaches of these GCU, or suspicion of fraud. PIERRE FABRE FOR MED reserves the right to seek compensation in reparation for damage suffered as a result of such breaches.

Termination of the User Account entails the termination of licenses granted to the User to consult/or use the Services, and the User must cease all use of the Website. In this respect, the User will have no right to compensation.

4.3 Obligations of users

While using the Website, Users shall refrain from:

Using the Website or Services for the purposes of politics, propaganda, or proselytism;
Using the Website for a purpose other than those intended;
Conducting illegal activities, in particular regarding infringement of intellectual property rights over the text, photographs, images, videos, etc.;
Advertising or inciting other Users to use any other service, whether from a competitor or not;
Harming the operation of the Website in any way whatsoever;
Breaking laws on intellectual property;
Breaking laws and regulations in force.

Users shall refrain from:

Uploading, sending, or transmitting by email or by any other manner, any content that may be illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening the privacy of another person, hateful, racist, or otherwise reprehensible;
Viewing, displaying, uploading, or transmitting any content that may go against the laws in force in the country in which the Website is visited, especially laws regarding intellectual property;
Attempting to mislead other Users by usurping the name of other physical people or legal entities and, in particular, by falsely presenting themselves as employees or affiliates of PFSA service, a moderator, a guide, or a data host;
Uploading, displaying, or transmitting by email or by any other means, any content containing computer viruses or any other code, file, or program designed to interrupt, destroy, or limit the functioning of any software, computer, or telecommunications device, without being limited to the items listed;
Uploading, displaying, or transmitting by email or by any other means, any content violating any patent, registered trademark, manufacturing secret, intellectual property right, or any other property right (hereinafter collectively referred to as the “Rights”) belonging to others;
Disturbing the normal flow of dialog boxes, accelerating the scrolling speed of the screen so that Users are unable to track and click on a dialog box, or committing any other action that similarly hinders the ability of Users to communicate in real time;
Hindering or interrupting the Service or the servers or networks connected to the Service or refusing to adhere to the required conditions, to the procedures, to the general rules, or to the regulatory provisions that apply to the networks connected to the Service;
Harassing in any manner whatsoever one or more other Users;
Collecting and storing personal data, identifying data, or data related to other Users.

PIERRE FABRE FOR MED, or any person or entity designated by PIERRE FABRE FOR MED, shall have the right to delete or remove any content that may violate the terms hereof and/or the terms of regulations in force and/or that may be reprehensible in any other way. Users also accept that they must be discerning and bear all risks related to usage of the Service and of the Website.

Article 5 – Vigilance clause

Users agree to read the Pierre Fabre Vigilance clause and to comply with the terms and conditions of this clause.

Users may notify any safety information brought to their attention, related to the use of a PIERRE FABRE product, as defined in the local regulations in force concerning pharmacovigilance, cosmetovigilance, and other types of vigilance.

Users may notify safety information by clicking on the “Vigilance” link in the footer of this Website, which will automatically take them to the CONTACT page and the dedicated vigilance form of the Pierre Fabre corporate website: https://www.pierre-fabre.com/en/contact .

After submission of a completed vigilance form (directly addressed to the Vigilance Department of Pierre Fabre Group via a specific generic address), Users will receive an acknowledgment of receipt confirming that the PIERRE FABRE Department has effectively taken note of the vigilance notification. If Users do not receive the acknowledgment of receipt issued by PIERRE FABRE, they must re-notify the vigilance case.

The essential information to provide when reporting a vigilance case is:

the date on which the notification was made aware;
the name of the Pierre Fabre product to which the notification pertains;
description of the safety information, i.e. the adverse effect, harmful reaction, incident/risk of incident, and/or specific situation following the use of a PIERRE FABRE product in accordance with the regulations in force;
the name and contact details of the person notifying the case;
information on the patient/consumer (sex, age, age group, initials, etc.) having experienced the adverse effect, harmful reaction, incident/risk of incident and/or the specific situation.

A vigilance case may be reported even in the absence of one of these essential pieces of information.

Article 6 – Usage of the advice provided on the website

The Website Content is made available to the Website Users. This provision of information does not entail any transfer of property rights attached to said Content. You are only granted a non-exclusive permission to use the Content for your private usage. In this respect, Users are prohibited from copying or reproducing the Content in full or in part, by any means and on any existing or future medium whatsoever, from translating the Content into any other language or wording, and from adapting the Content.

PFSA shall not be held liable for the consequences, whether direct or indirect, and/or any damage to the Content due to defects or piracy. Additionally, PFSA does not guarantee any result regarding the Content, which is simply given under an obligation of means.

Finally, PFSA does not grant any explicit or implied guarantee and does not accept any liability regarding the usage of the Content. It is given solely for informational purposes. For any additional information and/or doubt, Users can write to the following addresses: contactpierrefabreformed@pierre-fabre.com.

Article 7 - Guarantees and liability

7.1 Liability

Use of the Website falls under the sole and entire responsibility of the Users. Users undertake to use the Website according to its intended purposes.

PIERRE FABRE FOR MED guarantees to Users the quiet enjoyment of the Website and, in particular, guarantees that the Website does not violate any intellectual property right held by a third party and that the Website is original.

PIERRE FABRE FOR MED guarantees that the Website complies with the provisions of French law in force and with applicable industry standards regarding websites.

Users undertake to not introduce, whether intentionally or unintentionally, any viruses, bugs, or files of any kind whatsoever that disrupt the operation of the Website. In such a case, they alone shall be entirely liable for this action.

In the spirit of respect for all, PIERRE FABRE FOR MED may take legal action against inappropriate Users.

Users declare and guarantee that they are fully aware of the characteristics and constraints of the Internet and, in particular, that the transmission of data and information on the Internet is not fully reliable from a technical standpoint given that these elements circulate across heterogeneous networks with diverse technical characteristics and capacities, which at certain times disrupt access or make access impossible.

PIERRE FABRE FOR MED shall not be held liable for any damages arising from visiting the Website or from usage of the Website by a User.

PIERRE FABRE FOR MED shall not be held liable for errors, omissions, viruses, or results that may be obtained through misuse of the Services, information, or the Website. Furthermore, PIERRE FABRE FOR MED is only bound by a simple obligation of means.

PIERRE FABRE FORMED, its managers or employees and, more generally, PFSA shall not be held liable:

For any damage whatsoever, whether it arises from connecting to, accessing, or using the Website;
For damage resulting directly or indirectly from consulting the Website or from usage of the Services and/or Content available on the Website;
Direct or indirect damage resulting from use of the Website, in particular any operational, financial, or commercial loss or loss of the Website or data in any information system, even if PIERRE FABRE FOR MED has been informed of the possibility of such damage.

Under no circumstances shall PIERRE FABRE FOR MED be held liable for the loss of Information, Services and/or Content or for any deterioration related to such Service and/or Content. No Information or Service and/or Content provided by the Website shall be interpreted as any form of guarantee.

Subject to applicable legal or regulatory provisions, PIERRE FABRE FOR MED shall not be held liable for any damages, in particular, but not limited to, the loss of profit, customers, data, or intangible assets as a result of using or the impossibility to use the Website, and more generally any event related to the Website and/or any third-party website.

7.2. Modification or stoppage of the website

PIERRE FABRE FOR MED endeavors to maintain access to the Website 7 days a week and 24 hours a day, but is bound by no obligation to do so. PIERRE FABRE FOR MED may therefore interrupt access, particularly for maintenance and updating purposes.

Under no circumstances shall PIERRE FABRE FOR MED be liable for any such interruptions and the consequences which may arise for the User or any third party.

PIERRE FABRE FOR MED reserves the right to modify or delete the Website without prior notice, with no liability whatsoever. The deletion or modification of the Website cannot be used in any way to justify for Users any particular compensation or payment of damages.

7.3. Garantees

Users recognize and expressly accept that:

Their usage of the Website and Services is at their own risk. Service is provided “as-is” and is accessible according to availability. PIERRE FABRE FOR MED does not give any express or implied guarantee relating to the quality and compatibility of the Service with any specific usage, or relating to the non-violation of the rules of usage of the Service by its Users (without limit to this list).
PIERRE FABRE FOR MED does not guarantee that the Website and/or the Services will meet the expectations of Users; that the Website and/or Services will be uninterrupted, timely, safe, or free of all errors; that results that may be obtained by using the Services will be accurate and reliable; that the quality of all Services, information, or any other material obtained by Users because of the Service will meet their expectations; or that defects in the software used, if any exist, will be corrected.
Any material downloaded or obtained in any other manner when using the Service is obtained at the risk of the User. Users will be solely responsible for any damage caused to their computers or any loss of data following downloading of said material.

Article 8 – Intellectual property

Unless otherwise specified in these terms and conditions, all elements appearing on the Website (particularly including text, data, databases, graphics, logos, trademarks, names, animations, images, videos, sounds, software, and all other elements) (hereinafter referred to as the “Elements”) are the exclusive property of PFSA and PIERRE FABRE FOR MED and/or third parties who have granted the company a license. The Elements fall under French and international copyright law and more broadly under intellectual property law.

These Elements are protected by author’s rights, copyrights, trademarks, patents, database rights, trade secrets, and/or all other intellectual property rights.

Any reproduction, representation, or public communication rights are reserved, including visual, photographic, iconographic, or other types of representation. The reproduction of all or part of this Website on any electronic medium whatsoever is strictly prohibited unless expressly authorized by the Publishing Director.

Users are permitted to download, display or print the Elements available on the Website for professional use, exclusively for non-commercial purposes, without any modification whatsoever of any text relating to intellectual property rights and must ensure that the following text appears on each copy: “This document has been created by Pierre Fabre SA.

All rights reserved. Any use, other than those mentioned above, is prohibited without prior written permission of Pierre Fabre SA.” The User explicitly undertakes that the Use of the Website shall in no case prejudice the rights of PFSA, and in particular that this use does not constitute an infringement of intellectual property rights or unfair or parasitic competition.

The trademarks and logos used on the Website are registered and their reproduction constitutes an infringement of intellectual property rights. All rights of use are reserved. In accordance with Article L. 122-4 of the French Intellectual Property Code, any representation or reproduction that is not expressly authorized, whether total or partial, and by any means, shall be illegal and shall constitute an infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

The User is not authorized to sell, copy, rent, commercialize, transfer, or otherwise sub-license, modify, or adapt the Website, combine it entirely or in part with another piece of software, translate it, take it apart, disassemble it, or create any piece of software of which functions are derived from the Website without express written authorization from the Publishing Director. 

PIERRE FABRE FOR MED grants the User a free, non-exclusive, non-transferable, personal license for private use only to access, use, and view the Website and its Elements. This right is granted exclusively for a personal, private and non-commercial use, and is subject to the retention of all related particulars bearing on reproduction rights and intellectual property rights. In this respect, the User is prohibited from copying and/or reproducing the Elements in full or in part, by any means and on any existing or future medium whatsoever, from translating the Elements into any other language or wording, and from adapting the Elements.

Failure to comply with these rules shall be construed as a copyright infringement.

Any other use of the Elements is strictly prohibited and constitutes a violation of the provisions of the French Intellectual Property Code.

Article 9 – Personal data and cookie policy

For more information on the personal data protection policy on the Website, PIERRE FABRE FOR MED asks Users to consult the privacy policy at: http://pierrefabreformed.com/fr/privacy-policy/ For more information on the use of Cookies on the Website, PIERRE FABRE FOR MED asks Users to consult the Cookies table at the following address: http://pierrefabreformed.com/fr/privacy-policy/

Article 10 - Hypertext links

The User is informed that PIERRE FABRE FORMED may provide links to websites and/or applications that may or may not belong to the Pierre Fabre Group. These websites and/or applications are independent of the Website.

PIERRE FABRE FOR MED neither publishes nor monitors the sources and content of these websites or their links to other websites and/or applications.

The links to these websites and/or applications do not in any way constitute on the part of PIERRE FABRE FOR MED an endorsement, approval, or agreement with the content of these websites and/or applications, especially their potential use.

Consequently, PIERRE FABRE FOR MED shall not be held liable for the content, products, services, advertising, cookies, or other elements of these websites or any damages or loss, proved or alleged, resulting from or relating to the use of said information, services, or data available on these websites and/or applications.

The creation of hypertext links to the Website may only be done with prior written authorization from PIERRE FABRE FOR MED. All requests for authorization should be addressed to the following contact: contactpierrefabreformed@pierre-fabre.com

Article 11 - Non-waiver and partial nullification

In the event that one of the provisions of the GCU becomes null and void due to a change in laws or regulations or due to a legal decision, this shall in no case affect the validity of and obligation to adhere to the other provisions of the GCU.

The failure of one of the Parties to invoke any of the provisions of the GCU does not constitute a waiver from invoking the same provision in the future.

Article 12 - Miscellaneous provisions

If a provision of the GCU loses its validity or if the GCU contain a loophole, the provision in question shall be replaced by one which most closely approximates it from a standpoint of legal interpretation.

Users declare and recognize that they have read the GCU and use of the Website constitutes total and unconditional acceptance of all GCU by Users.

For any questions regarding the GCU or any questions or comments regarding the Website or its User Account, Users may write to the following address: contactpierrefabreformed@pierre-fabre.com

Article 13 - Modification of the CGU

The GCU may be modified at any time by PIERRE FABRE FOR MED [or PFSA]. Users shall be notified of these modifications. Any use of the Website following notification of a modification shall constitute acceptance of the GCU. The applicable GCU shall then be in force on the Website as of the date of its use by a User. In the event of a disagreement about modifications to the GCU, the User undertakes to not access the Website. In the event that the GCU are translated, only the French version is valid and enforceable.

Article 14 - Governing law and jurisdiction

The GCU are subject to French law. Any dispute arising in connection with these GCU shall be subject to mediation prior to any legal action or arbitration. Should the mediation fail, the dispute shall be brought before the competent jurisdiction under the Paris Court of Appeals.