1. IDENTIFICATION

Thélios S.p.A. (registration number 09858510960) is an Italian company, which belongs to LVMH Group, active in the field of manufacturing, distributing and selling high quality ophthalmic and sun eyewear products bearing luxury trademarks (hereinafter referred to as Thélios). Thélios has set up a free training program for Staff members of Thélios’ authorized distributors registered on Thélios Insider training application accessible on smartphone via Appstore and Playstore.

2. TERMS AND CONDITIONS FOR REGISTRATION AND USE OF THE APPLICATION

2.1. CONDITIONS OF REGISTRATION AND PARTICIPATION

2.1.1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE

Registration for Thélios Insider and its use by Members as defined in Clause 2.1.2 entails the Members’ full and unreserved acceptance of these General Terms and Conditions of Use (hereinafter “T&Cs”). 

Failure to comply with the T&Cs will result in cancellation of the registration and therefore the loss of any benefit granted by access to the application.

Thélios reserves the right to:

- Exclude any Member from the application who does not comply with these T&Cs, 

- Prosecute anyone who attempts to cheat or harm the proper running of the application. 

Thélios may decide to discontinue certain activities on the Thélios Insider application if it appears that there has been obvious cheating in any form whatsoever, particularly in a computerized manner, within the framework of participating in these activities and/or determining the winners. In this regard, members are informed that Thélios has put in place the necessary technical means to demonstrate the validity of participation in activities on the relevant App.

Thélios records and archives any data relating to Members’ participation in training and activities on the Thélios Insider application (information entered, date and time of participation, etc.) in accordance with the provisions relating to the relevant privacy policy and these T&Cs. It is agreed that, unless there is an obvious error, the data contained in Thélios’ information systems have probative force regarding the validity of a member’s participation.

2.1.2. REGISTRATION

Thélios Insider members are considered to be:

- Opticians, Staff members of the authorized distributors of Thélios Brands, operating at a point of sale authorized by Thélios, and who have completed all the information mentioned on the registration page in the “Create an account” section of Thélios Insider.

- Thélios staff, under a fixed term/permanent contract and trainees.

Therefore, the following parties cannot be part of Thélios Insider and participate in its various activities:

- Any other third party not belonging to a Thélios’ distributor and service provider acting in the name of and on behalf of the Organizing Company.

- Any other third party belonging to a house competing with Thélios.

- Their respective families.

On Thélios Insider, a validation code is required to validate the registration of new members. This validation code is given by Thélios’ Brand ambassadors, acting representatives and headquarters, and is strictly reserved for the legitimate members set out above under contract. Any Staff member of an authorized distributor under 18 years of age must obtain prior authorization from the person(s) with parental authority (parent(s) or guardian) in order to be a member.

Thélios may ask any staff member of an authorized distributor to provide proof of this authorization and, as appropriate, to withdraw the status of member from a staff member of an authorized distributor who cannot provide such proof.

The procedures for registering for and participating in the application’s training challenges are presented to the staff on Thélios’ authorized distributors at the points of sale approved by Thélios by Thélios sales representatives by any means (including in writing or orally) and by any means of communication sent to the Thélios’ authorized distributor (poster, instructions sheet, etc.).

You may sign up to the application at any time. To date, no membership end date is fixed. Thélios reserves the right, however, to end membership at any time if the application is not used within a period of one year from a member’s registration, or if a member’s contract is terminated with Thélios’ authorized distributors operating at a point of sale approved by Thélios or partner temporary work agencies, or a Thélios’ internal staff contract is terminated.

2.2 APPLICATION CONTENT AND OPERATING PROCEDURES

Registering on Thélios Insider allows Members to: 

- Receive updates on Thélios’ brands and/or their products.

- Participate in training challenges.

- Take part in quizzes.

- Comment and like the application content.

3. PERSONAL DATA

The personal data collected as part of signing up to the Thélios Insider application is processed by Thélios in accordance with the provisions of the European GDPR (General data protection Regulation).

Members are informed that at the time of their participation, their personal data (first name, surname, identity, address of the point of sale) and related profile information (photos liked, photos posted) shall be processed by Thélios, which may in particular be accessible to other members via the Thélios Insider application.

The above-mentioned personal data will be retained until the Thélios Insider account becomes inactive. The account is disabled after 1 year of non-activity, but the data is retained.  It is only deleted if the member does not use the Thélios Insider application for 3 years.

Teach on Mars is the data controller. The information collected above is used to create your account and allow you to use this service.

In accordance with applicable regulations, particularly GDPR, Members have a right to access and correct their personal data, as well as the right to request its erasure, object to its processing on legitimate grounds and request the restriction of its processing and the right to data portability to the extent applicable.

These rights may be exercised directly with Thélios by sending an email to dpo@thelios.com.

4. PHOTOGRAPHS

The purpose of this section is to allow Members to (i) propose photographs that may be published od (ii) vote for the photographs of other members.

5.1. OWNERSHIP OF THE RIGHTS IN PHOTOGRAPHY

Members, or their legal representatives if the member is a minor, declare that they own all tangible and intangible rights relating to the photographs and persons represented therein.

Members, or their legal representatives if the member is a minor, accept that their photographs may be published on Thélios Insider, as part of promoting any challenge.

5.2. GOOD PRACTICE

Members, or their legal representatives if the Member is a minor, undertake to only submit photographs that comply with applicable law and accepted moral standards. As a result, Members undertake not to propose content that is detrimental to an individual’s dignity, especially minors, or that is violent, pornographic, or considered as propaganda. Similarly, Members undertake to observe the brand image of Thélios and not to propose content that could be harmful to it.

As the proposed photographs are subsequently reviewed and moderated on the Thélios Insider application, Thélios reserves the right, at its sole discretion, to remove photographs that do not comply with these rules of best practice or its image, not to approve a member’s participation in this case and to deactivate the account of the member who published them.

In this regard, Thélios wishes to clarify that photographs refused as part of the review cannot a priori be made public with an explicit or implied association with the brand Thélios, particularly via social networks.  The photographs submitted must comply with the following rules:

- Not contain any element that is obscene, pornographic, sexually explicit or suggestive, derogatory, defamatory, insulting, racist, violent, dangerous, contrary to mandatory public policy or accepted moral standards, or which contain images of naked persons or obscene images.

- Not be liable to harm an individual’s dignity or discriminate against individuals according to their age, religion, nationality, disability, sexual orientation or any other characteristic, not jeopardise the protection of minors and not encourage any criminal activity or justify it.

- Not promote a political programme or message that would support a form of hatred or a group inciting hatred.

- In the event that individuals or property appear in the published photographs, Members must, prior to the submission of said photographs, obtain the necessary authorisations to allow their disclosure, display and publication and their use Thélios on the Thélios Insider application. The member shall be solely responsible for the consequences of such action.

By submitting their photographs, members agree to comply with the rules and accept that Thélios may, at its sole discretion and at any time, remove their photograph for any reason whatsoever. Members may remove their photograph by clicking on the button provided for this purpose near to where the photograph is published.

5.3. OWNERSHIP

Members, or their legal representatives if the Member is a minor, shall retain ownership of their photographs and shall grant to Thélios, for the duration of the intellectual property rights, the right, on the aforementioned media, to:

- Reproduce the photograph or have it reproduced with no limitation on number, in whole or in part, by any means and processes, on all media and materials both current and future, known or unknown, and in particular on paper or paper-derivative, plastic, digital, magnetic, electronic or computer media, via a download, video, CD, DVD or network.

- Communicate the photograph to the public or have it communicated to the public by any means of current or future broadcasting and communication, known or unknown, particularly by any online telecommunications network, such as Internet, intranet, downloading, wired or wireless telephone networks.

This authorization is granted for an unlimited period, worldwide and for non-commercial purposes. Members are informed that all data transmitted as part of the Thélios Insider training program (including photographs sent by them for training challenges) may be used by Thélios, solely for the purposes of the Thélios Insider training program without this giving them any remuneration, right or benefit other than the award of their prize.

Members expressly authorize Thélios to use their photographs as part of the Thélios Insider training program only for internal communications on any medium, worldwide and for the duration of the intellectual property rights, unless the Participant expressly refuses by Registered letter with acknowledgement of receipt to the address stated in Clause 15 of the Rules, which will entail the Participant’s exclusion from any challenges.

6. LIABILITY

Thélios shall not incur any liability if, in the event of force majeure, events beyond its control or a justified need, it is required to remove, shorten, extend or postpone the training application or modify the conditions thereof.

Thélios will not be liable for any malfunction of the Internet network preventing the smooth running of the Thélios Insider training programme, Sponsorship space or Store, particularly due to external malicious acts.

Thélios shall not be held liable in the event that one or more members are unable to connect to the Thélios Insider application due to any technical fault or any problem related to network congestion.

Thélios shall do its utmost to provide members with available and verified information and/or tools, but cannot be held liable for errors (such as display, sending incorrect emails to members), a lack of available information and/or the presence of viruses, data transmission delays, faults with a member’s computer, telephone, smartphone, modem or phone line, faults with servers, Internet service providers, telephone operators, computer equipment or software, the loss of any email and more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical fault, any damage to a member’s computer, and any kind of technical, hardware or software fault having prevented or limited the possibility of participating in the training challenges or having damaged a member’s system.

It is the responsibility of all members to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any threat. Members connect to the application and participate under their sole responsibility.

Member may discontinue or suspend its Thélios Insider application in part or in full if it appears that there has been cheating in any form whatsoever, particularly in a computerized manner.

Thélios reserves the right, in this case, not to award gifts to cheats and/or to prosecute the perpetrators of this cheating before the competent courts.

If there is any delay, strikes or events disrupting the delivery and transport of the gifts or if they are lost, Thélios shall not be held liable for said consequences. Any complaints must be made by members directly to the companies responsible for the delivery and transport of the gifts.

Members participate in Thélios Insider training and any services related thereto under their sole responsibility.

7. AMENDMENT OF THE T&Cs

These rules can be viewed and printed at any time on Thélios Insider.

Thélios reserves the right, at any time and without notice, to amend the T&Cs without incurring any liability.

8. DISPUTES

Signing up for and participating in activities on Thélios Insider are subject to Italian regulations. Any dispute arising from the T&Cs will be referred to the competent courts within the jurisdiction of Belluno.

Thélios may cite, for the purposes of proof, programmes, data, files, recordings, activities and any other element of any kind whatsoever, in any format or on any medium whatsoever (including computer and electronic), established, received or stored directly or indirectly by Thélios, particularly in its information systems.

Except in the case of obvious errors, members expressly acknowledge that the information resulting from the Thélios training application has probative force in any dispute regarding the connection elements and the computer processing of such information.