The website www.novoma.com from which the User can register their application with a view to becoming an ambassador of the Brand is published by the company Novoma, a company with capital of €26,667 euros, registered with the RCS of Toulouse under the number SIRET 844 909 820 00053, whose head office is located at 3 Avenue Bernard Maris 31400 Toulouse. The publication director is Alexandre GARNIER.

The Brand is a company specializing in the sector of sales on the internet or physical network subcontracting processing, subcontracting production, subcontracting packaging of food supplements advice in the field of food supplements and industrial chemistry raw materials and organic. As part of its development, it wishes to have its products tested with a representative sample of consumers, which it selects according to a certain number of criteria, relying on different service providers and subcontractors.

In particular, the Brand has concluded with the company Makeup Bag, a simplified joint stock company with capital of 8,055 euros, registered with the RCS of Nanterre under number 791 644 958 whose head office is located at 16 quai Alphonse Le Gallo, 92100 Boulogne Billancourt, a service contract to enable it to set up and manage the various influence campaigns it wishes to carry out. Makeup Bag has in fact developed a digital and logistical solution for managing influence campaigns (the “ Trustt ” Solution) allowing the Brand to pre-select the population targeted by an influence campaign, create an influence campaign, select and recruit influencer candidates.

The website www.novoma.com is hosted by the company Novoma, whose head office is located at 3 Avenue Bernard Maris 31400 Toulouse.

Terms and expressions beginning with a capital letter have the following meaning, whether used in the singular or plural:

- “ Influencer Candidate ”: refers to any person applying to test the Brand’s products.

- “ Influencer Campaign ”: refers to any influence campaign organized by the Brand using the Solution in which the Influencer agrees to participate.

- “ Personal Account ”: refers to the personal account created by an Influencer Candidate when registering with a view to being selected for an Influencer Campaign.

- “ CGU ”: designates these general conditions of use and any documents which supplement them.

- “ Influencer ”: refers to any person who has applied to test the Brand's products and who has been selected by the Brand to become an Influencer for a particular Influencer Campaign.

- “ Product ”: designates the Brand product sent to the Influencer as part of the Influencer Campaign.

- “ Questionnaire ”: designates the questionnaire to be completed by the Influencer Candidate.

- “ Site ”: designates the website accessible at the address www.novoma.com or all of their subdomains as well as all of its elements and content (graphic charter, frames, banners, flash animations and video, source code, html code programming, etc.).

- “ Solution ”: designates the digital and logistical solution for managing influence campaigns “Trustt” developed by Makep Bag and used by the Brand.

The purpose of the T&Cs is to define the general conditions of use of the Site, the application of Influencer Candidates and the participation of Influencers in Influencer Campaigns.

The Influencer's Participation in the Influencer Campaign is subject to the Influencer Candidate's unreserved acceptance of these T&Cs. Acceptance of the T&Cs is full, complete, indivisible and without reservation.

When creating their personal account, the Influencer Candidate is invited to read and accept the T&Cs before being able to participate, if accepted as an Influencer, in the Influencer Campaign.

The Brand reserves the right to adapt or modify at any time the terms of the T&Cs, the functionalities offered on the Site or their operating rules.

To be able to apply to become an Influencer, the Influencer Candidate must first create a Personal Account and answer a Questionnaire. On this occasion, the Influencer Candidate must provide information on the Site allowing them to be identified (surname, first name), provide a valid email address, which will serve as a connection identifier, and choose a connection password (together, the “ Identification Elements ”).

The Influencer Candidate is required to update his or her Identification Information and undertakes not to communicate incorrect or false information when creating or updating his or her Personal Account.

The Connection Identifiers are specific to the Influencer or the Influencer Candidate and reserved for their personal use. Consequently, the Influencer Candidate undertakes not to communicate the Connection Credentials to a third party. In any event, any act carried out with the Connection Credentials of the Influencer Candidate will be considered to have been carried out by the Influencer Candidate and under his responsibility. The Influencer Candidate therefore acknowledges his full responsibility in the use that will be made of his Connection Credentials or his Personal Account.

In the event of unauthorized use of the Connection Credentials or Personal Account of an Influencer Candidate or an Influencer by a third party, Novoma cannot under any circumstances be held liable towards the Influencer Candidate or of the Influencer concerned and the latter must immediately inform Novoma of this situation, by email to: hello@novoma.com

The Influencer or Influencer Candidate may request the deletion of their Personal Account at any time by sending a request to this effect by email to Novoma customer service at hello@novoma.com . [In the event of an ongoing Influencer Campaign, the deletion will only become effective after testing the products and communication of the opinions written by the Influencer.]

To apply, simply complete the Questionnaire in accordance with the registration procedures.

Registration is not compulsory and each Influencer Candidate is free to apply or not.

Some responses are optional, while other responses are mandatory and are identified as such, Novoma needing these responses in order to be able to effectively carry out its Influence Campaign.

An Influencer Candidate may choose not to answer questions requiring a mandatory response, in which case they accept that their application will not be validated.

An Influencer Candidate may choose not to answer the optional questions, in which case their application may be validated. He recognizes that the lack of response may have an impact on Novoma's decision to select his profile as an Influencer or not.

The Influencer Candidate undertakes to answer honestly the questions asked in the Questionnaire.

Indeed, it is on the basis of these responses that Novoma will make its selection of Influencers among the applications received and send this or that product to be tested, these products being likely to vary depending on the answers provided in the Questionnaire. .

The Influencer Candidate has the possibility to choose, when registering, if he wishes to receive information as well as exclusive offers from Novoma (this choice does not influence his selection as an Influencer).

The Influencer Candidate acknowledges and accepts the risk of not being selected to become an Influencer and waives any recourse in this respect against Novoma, Novoma's decision being based on objective elements based on the answers provided within the framework of the Questionnaire but Novoma n having in no way the obligation to provide reasons for its decision.

In the event of selection by Novoma, the Influencer Candidate is notified by e-mail to the address provided when creating the Personal Account that they have been selected to be an Influencer and that they will soon receive a Product with a view to being tested by him.

Upon receipt of the Product, the Influencer undertakes to confirm receipt of the Product by clicking on the link indicated in the selection confirmation email.

The Influencer undertakes to read in full the instructions provided with the product before starting to use the product, and to follow the advice for use and the different stages of the test mentioned when sending the product.

For the record, the three stages of the test are:

• 1° Validation by the Influencer of receipt of the product upon receipt by connecting to their User Account;
• 2° Test of the product for the duration indicated and in compliance with the instructions for use 3° Upload by the Influencer from their User Account of the opinion written at the end of the test, as well as, if applicable, the photographs and/or videos.

A reminder of the Product testing rules is made when sending the product.

[The Influencer acknowledges and accepts that the advice for use is given in the abstract for purely indicative purposes, on the basis of information provided by the Influencer, which necessarily has a non-exhaustive nature and cannot therefore give rise to a medical diagnosis nor replace medical monitoring. Novoma therefore declines all liability relating to the use of the Product as part of the Influencer Campaign and invites Influencers who have doubts as to the compatibility of a Product to consult any authorized professional.]

It is specified that the Product is shipped at Novoma's expense, and delivered to the Influencer without financial compensation. The contractual relationship between Novoma and the Influencer thus constitutes a gift subject to the Influencer carrying out a test of the Product upon receipt of said Product, and is exclusive of any contract of a onerous nature. Ownership of the Product is thus deemed transferred upon [shipment of the Product by Novoma / once the test has been carried out and the review has been uploaded by the Influencer]. Likewise, the transfer of risks occurs at the time [of shipment of the Product by Novoma].

In the event that the Product received is damaged or does not correspond to the Product announced, Novoma has no obligation to return a Product to replace the Product received.

In the event that the Influencer has not published his opinion within a certain period of time from sending the product, a reminder email inviting the Influencer to share his opinion is sent.

Once their opinion is published on the Trustt platform, the Influencer receives a new email encouraging them to share their experience with their community. The Influencer is encouraged to consult the “See tips” section to learn in particular how to:

- take beautiful before/after photos

- give your opinion on video

- make better stories

- easily produce a detailed (and useful) opinion

- increase the notoriety of your blog via SEO

By registering their participation and accepting these T&Cs, the Influencer Candidate undertakes, if selected, to:

- Test the product received according to the instructions for use of the product, and not use the product for any use other than that for which it is intended

- Write a complete, sincere and authentic review on the product from the Trustt personal space, a sine qua non condition for the product to be free

- Do not use defamatory comments when writing reviews, or comments that are racist, violent, xenophobic, homophobic, malicious, vulgar, obscene, likely to violate privacy and more generally unlawful

- Not test the products and/or participate in Influencer Campaigns for illegal or fraudulent purposes or in a manner that contravenes public order or good morals or that is detrimental in any way to Novoma or to any third party

- Refrain from politics, propaganda and proselytism

- Refrain from writing reviews and/or publishing advertising content for products competing with those marketed by Novoma

- Do not represent Novoma's intellectual property elements in a manner that could harm Novoma's image

- Do not lend, give or market in any way the product received

- Take a photograph before the test and a photograph after the test following the recommendations communicated

- If necessary, take a video following the recommendations communicated

- Authorize Novoma to use all or part of the written review, as well as its photographs and/or videos for commercial purposes, whether to praise the merits of the product tested or more generally to highlight Novoma

- [To use their first name to the exclusion of their last name in connection with the review]

- Publish your opinion on [Amazon] and other platforms, following the recommendations communicated and in compliance with the regulations applicable to the advertising sector

The Influencer Candidate acknowledges and accepts that the relationship with Novoma is exclusive of any remuneration and any relationship of subordination, and that it is in return for the free product delivered that he undertakes to carry out the test, in complete independence. and under his own responsibility.

The Influencer Candidate acknowledges that non-compliance with the commitments made above and in particular the fact of selling the product on sales platforms exposes him to being excluded from Influencer Campaigns and having to reimburse the entire public price of the product. Product received.

Furthermore, in the event of failure by the Influencer to comply with any of the stipulations of the T&Cs, Novoma reserves the right to delete their Personal Account, unilaterally and without compensation, after sending it to the Influencer at email address entered in their Personal Account of a notification to this effect.

Novoma is the exclusive owner of the intellectual property rights relating to the Site and its content (graphic charter, texts, illustrations, videos and images, whether visual or audio, databases, brands, logos, domain names, etc. .) as well as the Products.

Any representation, reproduction, modification, adaptation, translation, publication, exploitation of all or part of the Site or the elements or data which compose it and/or the Product is formally prohibited without the prior written consent of Novoma.

For the purposes of online publication of opinions on the Products tested by the Influencer, Novoma authorizes the Influencer, within the framework of this sole use, to reproduce and represent the intellectual property elements of Novoma and in particular, Novoma affixed to the Product or its packaging and the design of the Product or its container.

6.2.1 Copyright License / Warranties

Within the framework of the authorizations referred to above, the Influencer transfers to Novoma his reproduction and representation rights, as well as the right of adaptation and translation on the opinions written as well as the photographs and/or videos taken during the tests. of products, free of charge, for the entire world and for the duration of intellectual property rights as provided for by applicable laws and regulations, on all physical or digital media (including written press, digital press, television, internet, etc.). .) and for all uses linked to the promotion of the products tested and more generally the promotion of Novoma.

The Influencer guarantees to be the author of the opinions written as well as the photographs taken during product tests and guarantees Novoma peaceful use in this regard.

In the event that the Influencer has borrowed from a pre-existing work in order to write his opinions or to create a photograph or a video, he undertakes to secure all the necessary rights from the rights holders concerned, in order to allow Novoma to freely exploit the uploaded content.

In the event that certain photographs taken by the Influencer or their contributions contain personality attributes (such as the image of the Influencer, all or part of the Influencer's name, etc.), the Influencer grants hereby to Novoma an authorization to use personality rights, free of charge, valid worldwide on all physical or digital media (and in particular written press, digital press, television, internet, etc.), for all uses linked to the promotion of the products tested and more generally the promotion of Novoma.

Novoma draws the attention of Influencer Candidates to the fact that in accordance with the recommendations of the Professional Advertising Regulatory Authority (ARPP), the identification of the partnership with Novoma must be explicit, the Influencer must write the words like hashtag partnership or hashtag sponsorship in all its publications on social networks, or by displaying a visual or audio indication at the beginning of the published content.

Novoma strongly encourages Influencer Candidates to refer to the best practices guide, and if necessary to take the “Responsible Influence Certificate” https://www.arpp.org/certificat-influence-responsable-inscriptions/ published by the ARPP for influencers to make them aware of legal and ethical rules during their interactions with brands.

Under no circumstances may Novoma be held liable for unforeseeable, indirect or immaterial damage such as, without this list being exhaustive, loss of profits, loss of income, loss of commercial opportunities, loss or damage to Novoma or reputation, etc.

[Note: it would be necessary to study the question of whether the legal guarantee of conformity and hidden defects applies in this case, since the products are supplied by Novoma free of charge – in principle, these are the legal guarantees due by sellers]

The personal data communicated by the Influencer Candidate and by the Influencer allows Novoma to manage the relationship with the Influencer, within the framework of these T&Cs which bind them, and to send, where appropriate, commercial offers to the Influencer. The data essential to Novoma are the name, first name and email address as well as any other data identified as such in the context of Influencer Campaigns. If this mandatory data is not mentioned, the Personal Account cannot be created.

Novoma is the controller of the data collected.

The recipients of the data are Novoma and its subcontractors. The Influencer Candidate and the Influencer expressly accept that their personal data will be stored, processed and transferred by Novoma to its subcontractors, including in other countries of the European Union, who will however only be able to access this nominative data for the purposes of using the Solution and in compliance with the legal and regulatory provisions in force.

In accordance with article L. 223-2 of the Consumer Code, the Influencer Candidate and the Influencer are informed that if they do not wish to be the subject of commercial prospecting by telephone, they can register on the list of opposition to telephone canvassing, available at www.bloctel.gouv.fr.

In accordance with Law No. 78-17 relating to information technology, files and freedoms of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the Influencer Candidate and the Influencer have 'a right of access, rectification, modification, opposition, deletion, erasure, limitation of processing and portability of personal data concerning them as well as the right to define directives relating to the fate of their data of a personal nature after their death. The Influencer Candidate and the Influencer may exercise this right by sending a letter to Novoma customer service at 3 Avenue Bernard Maris 31400 Toulouse or a request by email to the address hello@novoma.com. Any request to this effect is free, does not have to be motivated and may be made at any time, including after the collection of the personal data of the Influencer Candidate and/or the Influencer. However, it must be signed, accompanied by a photocopy of the identity document of the Influencer Candidate or the Influencer, bearing their signature, and specify the address to which the response must be sent. A response will be sent to the Influencer Candidate/Influencer within two months of receipt of the request.

The personal data communicated by the Influencer Candidate and/or the Influencer when using the Site are kept by Novoma for a period not exceeding that necessary for the purposes for which they are processed, and in accordance with legal and regulations in force. At the end of this period, all personal data communicated by the Influencer Candidate and/or the Influencer will be automatically deleted.

When consulting the Site, information relating to the navigation of the Influencer Candidate / Influencer may be recorded in cookie files installed on his computer or mobile terminal, subject to the choices expressed by him, which can be modified at any time. moment. For more information on the type of cookies used on the Site, the purpose of each of them and on the means to oppose and configure these cookies, the Influencer Candidate / Influencer is invited to consult the Cookies page present on the Site, by clicking on the “Cookies” link.

The Influencer undertakes not to upload reviews or more generally content containing personal data likely to be considered “sensitive” data within the meaning of the applicable Regulations.

These T&Cs are governed, interpreted and subject to French law.

Any dispute relating to the T&Cs which cannot be resolved amicably will be subject to the exclusive jurisdiction of the French courts.

Notwithstanding the above, the Influencer Candidate / Influencer is informed, in accordance with article L. 612-1 of the Consumer Code, that he or she may in any case have recourse free of charge in the event of a dispute to mediation. conventional consumption. The Influencer Candidate / Influencer can thus contact the mediator whose contact details are as follows: hello@novoma.com

The original version of these General Terms and Conditions was written in French before being translated, if necessary, into other languages. These translations are made and provided as a courtesy and for information only. In the event of a dispute over the content or interpretation of the T&Cs or in the event of inconsistency or difference between the French version and a translated version, the French version prevails and is authentic unless national public order provides otherwise.

If one or more stipulations of the T&Cs are considered invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other stipulations of the T&Cs will retain all their validity. strength and scope.

Novoma will replace the invalidated stipulation(s) with a provision having an equivalent economic effect.

The fact that Novoma does not avail itself at a given time of one of the stipulations of the T&Cs cannot under any circumstances be considered as a waiver on its part to subsequently avail itself of any of the stipulations of the T&Cs.