General Conditions of Use Ambassadors
The website https://www.sentastic.fr/ from which the User can
register your application to become an ambassador of the Brand is published
by the company B2C REMANENCE simplified joint stock company, with capital
social security of €200,000.00 registered with
RCS Lille Metropole B 412 480 956 under SIREN 412480956, whose head office is located at 7 rue
Nationale 59800 Lille and whose number
of VAT is FR09412480956 (“SENTASTIC“). The edition and direction of the
Publication of the Site is ensured by Remanence Brands.
The Brand is a company
specialized in the cosmetics sector. As part of its
development, it wishes to have its products tested on a sample
representative of consumers, which it selects according to a certain
number of criteria, relying on different service providers and
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 of which
head office is located at 16 quai Alphonse Le Gallo, 92100 Boulogne Billancourt,
a service provision contract to enable it to implement
place and manage the various influence campaigns that it wishes to carry out.
Makeup Bag has in fact developed a digital and logistics management solution
of influence campaigns (the “Trustt” Solution) allowing the Brand to
pre-select the population targeted by an influence campaign, create a
influence campaign, select and recruit influencer candidates.
The website https://www.sentastic.fr/ is hosted by the company OVH,
whose head office is located at 2 rue Kellermann – BP 80157 59053 ROUBAIX
Terms and expressions
beginning with a capital letter have the following meaning, that they
be used in the singular or plural:
– “Influencer Candidate”: refers to any person applying
with a view to testing the Brand's products.
– “Influence Campaign”: refers to any organized influence campaign
by the Brand thanks to the solution to which the Influencer agrees to
– “Personal Account”: refers to the personal account created by a Candidate
Influencer when registering to be selected for a Campaign
– “CGU”: designates these general conditions of use and the
possible documents which complete them.
– “Influencer”: refers to any person who has applied in
with a view to testing the Brand's products and having been selected by the Brand
with a view to becoming an Influencer for this or that Influence campaign.
– “Product”: refers to the Brand product sent to the Influencer in
as part of the Influence Campaign.
- " Quiz " :
designates the questionnaire to be completed by the Influencer Candidate.
– “Site”: designates the website accessible at the address https://www.sentastic.fr/ or all of their
subdomains as well as all of its elements and content (charter
graphics, frames, banners, flash and video animations, source code, html code
– “Solution”: designates the digital and logistics solution for managing
“Trustt” influence campaigns developed by Makep Bag and used by the
The purpose of the CGU is to
define the general conditions of use of the Site, of application of
Influencer Candidates and Influencer Participation in Campaigns
The participation of
the Influencer to the Influence Campaign is subject to acceptance without
reservation by the Influencer Candidate of these T&Cs. Acceptance of the T&Cs
is full, entire, indivisible and without reservation.
his personal account, the Influencer Candidate is invited to read and accept the
CGU before being able to participate, if accepted as an Influencer, in the
The Brand reserves the
right to adapt or modify at any time the terms of the T&Cs, the
features offered on the Site or their operating rules.
To be able to apply
in order to become an Influencer, the Influencer Candidate must first create
a Personal Account and answer a Questionnaire. On this occasion, the
Candidate Influencer must provide information on the Site allowing them to
identify them (last name, first name), provide a valid email address, which
will serve as your login ID, and choose a login password
(together, the “Identification Elements”).
The Influencer Candidate
is required to update its Identification Elements and undertakes not to
communicate incorrect or false information as part of the creation
or updating their Personal Account.
The identifiers of
Connection are specific to the Influencer or the Influencer Candidate and reserved for
his personal use. Consequently, the Influencer Candidate undertakes not to
communicate Login Credentials to a third party. In any case, everything
act carried out with the Connection Credentials of the Influencer Candidate will be considered
as having been done by the Influencer Candidate and under his responsibility. THE
Candidate Influencer therefore recognizes its full responsibility in the use which
will be made from their Connection Credentials or their Personal Account.
If used no
authorized Connection Credentials or Personal Account of a Candidate
Influencer or an Influencer by a third party, the responsibility of the Brand is not
may in no case be committed to the Influencer Candidate or
the Influencer concerned and the latter must immediately inform the Brand of
this situation, by email to: email@example.com
The Influencer or
Candidate Influencer can request the deletion of their Account at any time
Personnel by sending a request to this effect by email to
La Marque customer service at SENTASTIC 7 Rue Nationale 59800 LILLE
(France). [In the event of an Influence Campaign in progress, the deletion will not become
effective only after testing the products and communication of opinions written by
To take note of
application, simply complete the Questionnaire in accordance with the
Registration details. Registration is not obligatory and
each Influencer Candidate is free to apply or not. Some answers
are optional, while other responses are of a nature
mandatory and are identified as such, the Brand needing these
answers in order to be able to usefully carry out your Influence Campaign.
An Influencer Candidate
may choose not to answer questions requiring a response
mandatory, in which case he accepts that his application will not be validated.
An Influencer Candidate
may choose not to answer the optional questions, in which case its
application can be validated. He recognizes that the absence of a response can
have an impact on the Brand's decision to select or not its profile
as an Influencer.
The Influencer Candidate
undertakes to answer honestly the questions asked within the framework of the
Quiz. Indeed, it is on the basis of these responses that the Brand 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 in
based on the responses provided in the Questionnaire.
The Influencer Candidate has
the possibility of choosing, when registering, whether they wish to receive
information as well as exclusive offers from the Brand (this choice does not influence
not on his selection as an Influencer).
The Influencer Candidate
recognizes and accepts the risk of not being selected to become
Influencer and waives any recourse in this respect against the Brand, the decision
of the Brand being based on objective elements depending on the responses
made within the framework of the Questionnaire but the Brand having in no way
manner the obligation to give reasons for its decision.
4.2 Selection and notification of Influencers
In case of selection by
the Brand, the Influencer Candidate is notified by e-mail to the address provided
when creating the Personal Account what it was selected to be
Influencer and that he will soon receive a Product in order to be
tested by him.
4.3 Instructions for use and instructions for testing
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 the instructions provided with the product in full before
to start using the product, and to follow the instructions for use and
the different stages of the test recalled when sending the product.
For the record, the three
Test steps are:
A reminder of the rules of
Product testing is carried out when the product is sent.
The Influencer recognizes
and accepts that the advice for use is given in abstracto as
purely indicative, based on information provided by the Influencer,
which necessarily have a non-exhaustive nature and cannot by
therefore give rise to a medical diagnosis nor replace follow-up
medical. The Brand therefore declines all responsibility in relation to
the use of the Product as part of the Influencer Campaign and invites
Influencers who have doubts about the compatibility of a
Product, consult any authorized professional.
It is specified that the
Product is shipped at the expense of the Brand, and delivered to the Influencer without
financial compensation. The contractual relationship between the Brand and
the Influencer thus constitutes a generosity on condition of realization by
the Influencer of testing the Product upon receipt of said Product, and is exclusive of
any onerous contract. Ownership of the Product is thus deemed
transferred as soon as [the Product is shipped by the Brand / once the test
produced and the review uploaded by the Influencer. Likewise, the transfer of
Risks arise at the time of shipment of the Product by the Brand.
In the event that the
Product received is damaged or does not correspond to the Product announced, the
Brand has no obligation to return a Product in replacement of the Product
4.4 Reminder emails to post reviews
the Influencer has not published their opinion within a certain period of time from
sending the product, a reminder email inviting the Influencer to share their
notice is sent.
4.5 Emails to encourage content creation on
Once your opinion is published
on the Trustt platform, the Influencer receives a new email
encouraging him to share his experience with his community. The Influencer is
encouraged to consult the “See tips” section
5. Commitments of the Influencer Candidate / Influencer
By recording his
participation and by accepting these T&Cs, the Influencer Candidate
undertakes, if selected, to:
– Test the product received according to the product use instructions, and
not to use the product for any purpose other than that for which it is intended
– Write a complete, sincere and authentic review on the product based on
of the Trustt personal space, sine qua non condition for the free product
– Do not use defamatory remarks when writing the
opinions, or comments that are racist, violent, xenophobic, homophobic, malicious,
vulgar, obscene, likely to invade privacy and more
– Do not test the products and/or participate in Influencer Campaigns
for illegal or fraudulent purposes or in a manner that contravenes the order
public or morals or which is prejudicial in any way
either to the Brand or to any third party
– Refrain from politics, propaganda and proselytism,
– Refrain from writing opinions and/or publishing content of a nature
advertising for products competing with those marketed by the
– Not representing the intellectual property elements of the Brand
in a way that could harm the image of the Brand
– Do not lend, give or market in any way the
– Take a photograph before the test and a photograph after the test
following the recommendations communicated
– If necessary, take a video following the recommendations
– Authorize the Brand to use all or part of the written review, as well as
his photographs and/or videos for commercial purposes, whether
extol the merits of the product tested or more generally to highlight the
– [To use their first name to the exclusion of their last name in connection with the review]
– Publish your opinion on Trustt and other platforms, following the
recommendations communicated and in compliance with regulations applicable to
The Influencer Candidate
acknowledges and accepts that the relationship with the Brand is exclusive of any
remuneration and any relationship of subordination, and that it is in return for
the free delivery of the product that he undertakes to carry out the test, in complete independence
and under his own responsibility.
The Influencer Candidate
recognizes that non-compliance with the commitments made above and in particular the
selling the product on sales platforms exposes it to being excluded
Influencer Campaigns and having to reimburse the entire public price
of the product received.
Furthermore, in the event of
failure by the Influencer to comply with any of the stipulations of the T&Cs, The
Marque reserves the right to delete its Account
Personal, unilaterally and without compensation, after sending to the Influencer at
the email address entered in their Personal Account of a notification in this
6. Intellectual property
6.1 Brand Rights
The Brand is the
exclusive owner of the intellectual property rights relating to the Site and to
its content (graphic charter, texts, illustrations, videos and images, which they
whether visual or audio, databases, brands, logos, domain names,
etc.) as well as the Products.
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 strictly prohibited without the prior written consent of La Marque.
For the needs of the
online publication of opinions on the Products tested by the Influencer, the
Brand authorizes the Influencer, within the framework of this sole use, to reproduce and
represent the intellectual property elements of the Brand and in particular,
the brand affixed to the Product or its packaging and the design of the Product or
6.2 Rights of the Influencer Candidate / Influencer
6.2.1 Copyright License / Warranties
As part of the
authorizations referred to above, the Influencer transfers to the Brand his rights of
reproduction and representation, as well as the right of adaptation and
translation on the opinions written as well as the photographs and/or videos taken
during product testing, free of charge, for the whole world and for the
duration of intellectual property rights as provided for by laws and
applicable regulations, on all physical or digital media (and in particular
written press, digital press, television, internet, etc.) and for all uses in
link with the promotion of the products tested and more generally the implementation
before the Brand.
The Influencer guarantees
be the author of the opinions written as well as the photographs taken during the
product testing and guarantees peaceful use of the Brand in this regard.
the Influencer would have borrowed from a pre-existing work in order to write his
notice or create a photograph or video, he undertakes to secure
all necessary rights from the rights holders concerned, in order to
to allow the Brand to freely exploit the content uploaded.
6.2.2 License for image rights and copyrights
certain photographs taken by the Influencer or their contributions
would include personality attributes (such as the image of
the Influencer, all or part of the name of the Influencer…), the Influencer grants
hereby to the Brand an authorization to use the rights of the
personality, free of charge, valid worldwide on all media
physical or digital (and in particular written press, digital press,
television, internet, etc.), for all uses linked to product promotion
tested and more generally the promotion of the Brand.
7. Regulations applicable to advertising
The Brand attracts
the attention of Influencer Candidates / Influencers to the fact that
in accordance with the recommendations of the Professional Regulation Authority of
Advertising, (ARPP), the identification of the partnership with the Brand must
be explicit, the Influencer having to write the words like hashtag partnership or hashtag sponsorship
in all his publications on social networks, or by displaying a
visual or audio indication at the beginning of published content.
The Brand encourages
urge Influencer Candidates to refer to the best practices guide,
and, if necessary, pass the “Responsible Influence Certificate”
https://www.arpp.org/certificat-influence-responsable-inscriptions/ edited by
the ARPP for influencers to make them aware of the rules
legal and ethical aspects during their interactions with brands.
8. Brand Liability – Guarantees
In no case, the
The Brand cannot be held liable for damages
unpredictable, indirect or immaterial such as, without this enumeration
is exhaustive, loss of profits, loss of income, loss of opportunities
commercial, loss or damage to brand or reputation, etc.
[Note: it would be necessary
study the question of whether the legal guarantee of conformity and defects
hidden applies in this case, since the products are supplied by the
Free brand – in principle, these are the legal guarantees owed by the
9. Personal data
communicated by the Influencer Candidate and by the Influencer allow the
Brand to manage the relationship with the Influencer, within the framework of these T&Cs
which bind them, and to send, where applicable, commercial offers to
the Influencer. The data essential to the Brand are the name, first name and
the email address as well as any other data identified as such in the
framework of Influence Campaigns. In the absence of mention of these data
mandatory, the Personal Account cannot be created.
The Brand is the
responsible for processing the data collected.
The recipients of
data are The Brand and its subcontractors. The Influencer Candidate and
the Influencer expressly accept that their personal data is
stored, processed and transferred by La Marque to its subcontractors, including
in other countries of the European Union, which will however not be able to access
these personal data only for the purposes of using the Solution and
in compliance with the legal and regulatory provisions in force.
In compliance 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 prospecting
commercial by telephone, they can register on the list
opposition to telephone canvassing, available at
In accordance with law no.
78-17 relating to computers, files and freedoms of January 6
1978, as amended by law no. 2018-493 of June 20, 2018, the Candidate
Influencer and the Influencer has 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 personal data
personnel after their death.
The Influencer Candidate
and the Influencer can exercise this right by sending a letter to the service
customers La Marque at SENTASTIC rue nationale 59800 Lille or a request
by email to the address firstname.lastname@example.org . Any request
in this sense is free, does not have to be motivated and can intervene at any time
time including after the collection of the Candidate's personal data
Influencer and/or the Influencer. However, it must be signed,
accompanied by a photocopy of the Influencer Candidate's identity document or
of the Influencer, bearing his signature, and specify the address to which
get the answer. A response will be sent to the Influencer Candidate/to
the Influencer within two months of receipt of the request.
communicated by the Influencer Candidate and/or the Influencer during
use of the Site are retained by La Marque for a period not exceeding
not that necessary with regard to the purposes for which they are
processed, and in accordance with the legal and regulatory provisions in
force. At the end of this period, all personal data
communicated by the Influencer Candidate and/or the Influencer will be
During the consultation
of the Site, information relating to the navigation of the Influencer Candidate
/Influencer may be recorded in cookie files
installed on their computer or mobile terminal, subject to the choices
expressed by him, which can be modified at any time.
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 /
the Influencer is invited to consult the Cookies page on the Site, in
clicking on the “Cookies” link.
The Influencer undertakes to
do not upload reviews or more generally content containing
personal data likely to be considered as data “
sensitive” within the meaning of the applicable Regulations.
10. Applicable law – Competent jurisdiction
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 jurisdiction
exclusive of French courts.
above, the Influencer Candidate / Influencer is informed, in accordance with
article L. 612-1 of the Consumer Code, which he may in any case
resort free of charge in the event of a dispute to conventional mediation
In case of dispute no
resolved with the customer service of the B2C company, the Influencer Candidate /
the Influencer has the possibility of entering the Payment Platform by
dispute line intended to facilitate the amicable settlement of disputes between
consumers and professionals in the European Union.
The Influencer Candidate /
the Influencer may, free of charge, and subject to detailed proof
inability to resolve the dispute amicably with the B2C company,
contact the consumer law mediator CNPM-MEDIATION, directly on
their form online or by mail to: CNPM-MEDIATION 27 avenue de la
Libération 42400 Saint-Chamond (France)
The original version of
these T&Cs have been written in French before being translated if necessary
in other languages. These translations are carried out and provided only to
as a courtesy and for information. 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 makes
faith unless otherwise provided by national public order.
11. Miscellaneous provisions
11.1 Partial nullity
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 decision of a competent court, the other stipulations of the T&Cs
will retain all their strength and scope. The Brand will replace the
stipulation(s) invalidated by a provision having an equivalent economic effect.
The fact that The Brand does not
does not avail itself at a given moment of one of the stipulations of the T&Cs will not be able to
in no case be considered as a waiver on his part to avail himself
subsequently of any of the stipulations of the T&Cs.