Preamble

These General Terms and Conditions of Use provide information on the rules applicable to use the sites and applications published by Groupe SEB companies, and the rules applicable to processing of your personal data.


The term Groupe SEB means all the companies owned directly or indirectly by the company SEB SA, registered in the Lyon Trade and Companies Register under number 300 349 636, which has its registered office at 112 Chemin du Moulin Carron, Campus SEB, 69130 Ecully, France.


In order to determine precisely the entities in Groupe SEB responsible for the Site or Application you use, we suggest you consult the Legal Notice available on the Site / Application.


The Groupe SEB companies own many brands, in particular TEFAL (or T-FAL depending on the country), ROWENTA, MOULINEX, KRUPS, CALOR, SEB, EMSA, OBH NORDICA, KAISER, ARNO, CLOCK, IMUSA, ASIA FAN, MIRRO, MAHARAJA WHITELINE, PANEX, SUPOR. For more information on Groupe SEB and its brands, please take a look at our website www.groupeseb.com.


These General Terms and Conditions of Use may be completed by Special Conditions specific to the different Sites / Applications.

Glossary

What do the identified terms refer to?

Application
Means, where applicable, this mobile application.


Review
Means the reviews you submit about our products, and the related videos and photos, which you add to the Site / Application when this function is available, and which are visible by all users.


T&C of Use
Means these General Terms and Conditions of Use governing use of the Site / Application.


T&C of Sale
Means, where applicable, the General Terms and Conditions of Sale of goods and / or services available on the Site / Application.


Comment(s)
Means any message, text, video, photo that you add to the Site / Application, with the exception of the Reviews, visible by all users.


Content
Means all audio and video files, images, texts, information, databases, Brand concepts, logos, technical and graphic solutions, appearance, structure and any feature whether or not protected by an intellectual property right or by existing or future legal provisions, which we place on the Site / Application and/or make available to you on the Site / Application.


Cookies
Means text files capable of identifying you as a customer and saving your personal preferences (for example your language choices) and information relating to your visit to our Sites / Applications (including clickstream data). This term includes cookies and other trackers.


Data
Means the personal data we collect via the Site / Application, i.e. the information that directly or indirectly identifies you.


Trademark(s)
Means the commercial brands, logos, trademarks and any other names owned by Groupe SEB companies.


We, our, us
Means the Groupe SEB company or companies identified in the Legal Notice on the Site / Application.


Service(s)
Individually or collectively means any service and all the functions related thereto which we offer on the Site / Application free of charge or in exchange for payment.


Site
Means, where applicable, this website.


You, your
Means any natural or legal person who accesses, browses or visits the Site /Application, whether or not for a professional purpose.


The possibilities offered by the Site/Application

Acceptance and amendment of the T&C of Use

By accessing the Site / Application, you agree to be bound by these T&C of Use and all the other conditions herein or referred to, in force on the day of access.


If you refuse any one of the obligations or conditions contained in the T&C of Use, please do not use the Site / Application. We may amend all or part of the Site / Application, Services and/or the T&C of Use at any time.


The Services available on our Sites and Applications are for persons aged 16 years or over. To protect children's Personal Information and to meet the standards of the Children's Online Privacy Protection Act (COPPA), we do not collect or use Data sent by a minor.


How can you use the Site / Application?

We grant you a non-exclusive, non-transferable, non-assignable right to use the Content of the Site / Application for the sole purposes of using the Site / Application in accordance with the T&C of Use.


In general, you undertake to comply with the T&C of Use and the legal obligations in force.


Specifically, you agree to comply with the following rules:

  • Use the Site / Application honestly and in accordance with its purposes;
  • Do not copy all or part of the Site / Application, do not reproduce it, sell it, make it available under licence, distribute it, assign it, modify it, adapt it, translate it, produce derivative works from it, decompile it, submit it to reverse engineering operations, disassemble it or try to derive its source code;
  • Do not bypass or compromise the security or usage rules for the Content provided, used or applied by a function of the Site / Application;
  • Do not use a virus, robot, software or subroutine type system to interfere or attempt to interfere with the operation of the Site / Application or use of the Site / Application by any other person;
  • Do not publish or enter inaccurate or misleading information when using the Site / Application;
  • Do not assume the identity of another person;
  • Do not collect information from other users to use them for sending commercial offers or equivalent, or to include them in a listing service.

With regard to the writing and publishing of Comments and/or Reviews, you agree to:

  • Be polite and respectful to other users at all times;
  • Not publish Comments and/or Reviews that harm the rights of third parties or our rights, in particular intellectual property rights;
  • Not publish any Comments and/or Reviews that might be considered to be inciting or committing crimes and offences, spreading violent, insulting, injurious, denigrating, defamatory, racist or revisionist messages, condoning war crimes, relating to the sale of any illegal item and/or service, condoning terrorism, calling for murder or inciting suicide, of a pornographic or paedophilic nature, harming the security or integrity of a State or territory, of any kind, without this list being exhaustive;
  • Not use the Site / Application for the purposes of publicising your own website / personal application or for transmitting unsolicited commercial messages (“spam”).

Publication of Comments and/or Reviews

You may add a Comment and/or a Review to the Site / Application.

We remind you that the Comments and/or Reviews and the information you send to the Site / Application can be seen by other users.

The publication of Comments and/or Reviews must comply with the terms of the applicable Moderation Charter, to which you must refer.

Any Comment or Review not compliant with the T&C of Use will be deleted by our moderator without notice, without informing or seeking authorisation from the author.

We are not however responsible for Comments and/or Reviews made available on the Site / Application, and we do not give any express or implicit guarantees in regard to the Comments and/or Reviews.

To whom does the Content published on the Site / Application belong?

Content

Our rights

The Content comprising the Site/Application and the related rights are owned by Groupe SEB including, but not limited to, the Trademarks, designs, appearances, structure, concepts, technical and graphic solutions, databases, software and their source codes, and the arrangement and layout of these features, comprising the Site/Application and the Services, and/or forming the basis of the Site/Application and the Services, and/or transiting via the Site/Application and the Services, and/or made available through the Site/Application and the Services.


Any reproduction, representation, adaptation, modification, publication, transmission, misrepresentation, integration in another site, commercial exploitation and/or total or partial re-use of the Site/Application and/or the Content, by any process, and in any medium, is strictly prohibited and could constitute an act of infringement punishable by the applicable legislation.


Comments and Reviews

Your rights

Your Comments and Reviews are and remain your property.


You warrant that you hold all the rights over your Comments and Reviews and in particular that they do not infringe the rights of third parties.


We inform you that the Comments and Reviews you submit online will be incorporated in the Site/Application database managed by us.


Our rights

You grant us the following non-exclusive copyright over your Comments and Reviews:

  • The right to reproduce, modify, adapt, represent and translate all or part of the Comments and Reviews on any current or future recording medium, and in particular on any server or hard disk, in any format and using any process or technology, known or unknown on this date, and by any means of communication, in particular the Internet, including third party sites, Intranet, printed format or print media;
  • The right to grant, in exchange for payment or free of charge, sub-licences for the rights granted under the above licence to any third party of our choice, for the operations referred to above.

These rights are granted to us for all commercial and non-commercial purposes, for the entire duration of the applicable copyright, on this day and in the future, worldwide.


As an example, Comments and Reviews left on our Sites / Applications may be reproduced with your pseudonym on third party sites, to promote our products.


Liability

Who is liable for links to other websites?

The Site / Application may give access to other websites and/or applications via hyperlinks. We do not manage these sites and applications and we cannot control the content thereof.


We cannot therefore be held liable in any circumstances for:

  • The content and services provided on these third party applications and/or sites, or
  • Any collection and transmission of data, installation of cookies or any other process with the same purposes, carried out by these sites and applications, or
  • Security or integrity problems with data, hardware and software that you might experience and any consequence or loss that might result from use of these third party applications and/or sites.

Your use of these third party applications and/or sites may be subject to additional terms and conditions which we do not control. Use of third party sites and/or applications is therefore at your own risk.


Who is liable for access to the Site / Application?

We cannot guarantee that the Site / Application is free of anomalies, errors or bugs, nor that these can be corrected, nor that the Site / Application will work without interruption or breakdown, nor that it is compatible with all types of hardware. Therefore, to check that the Application is compatible with your mobile device, we recommend you check the compatibility list available on the product information sheet on the Site.


The Site / Application operates on the Internet and mobile networks, which are outside our control. We are not liable for the unavailability of the Site / Application or for any difficulty or failure to download or access the Content and Services.


The Service may be inaccessible during periods of maintenance, updates or modifications. We cannot be held liable in any case for interrupted access to the Service as a result of a maintenance, update or modification operation to all or part of the Service.


We reserve the right to modify, terminate, suspend or interrupt at any time, for any reason and at our sole discretion, access to all or part of the Site / Application, including the Content and the Services, without prior notice, in compliance with the legal provisions. We cannot be held liable in any circumstances if the Site / Application is unavailable. Moreover, we reserve the right to temporarily or definitively interrupt access to the Site / Application, in particular if the activity related to the Site / Application ceases to trade, or in the event of collective insolvency proceedings.


In the event that we are held liable for a loss not stipulated in the T&C of Use, our liability will be solely limited to the certain, real, direct losses.


Privacy policy

Protecting your Data is important to us. We therefore invite you to read the following rules carefully and contact our data protection officer if you have any questions at: privacy@groupeseb.com.


The way your Data are processed may vary, depending on whether they are collected via a Site or an Application. To find out data controller for the Site / Application you use, please refer to the Legal Notice.


What data do we collect?

Depending on the Site / Application you use, we collect different types of Data relating to the following elements:


WEBSITES


Identification data

(e.g. last name, first name, address, email address, telephone number)

Information on your household

(e.g. number of persons in the household, number of children, marital status)

Login data, cookies, technical data

Anonymised data

APPLICATIONS


Applications related to cooking (Actifry, Cookeo / COOK4ME, Companion / Prep&Cook, Smart&Tasty, Cooking Connect, Reveil Café, Optigrill Smart, Krups Espresso, Latte Smart, Cake Factory)


Identification data

(e.g. last name, first name, address, email address, telephone number)

Information on your household

(e.g. number of persons in the household, number of children, marital status)

Information on your food preferences

Login data, cookies, technical data

Anonymised data

Applications related to household products (My Smart Force, Pure Air)


Identification data

(e.g. last name, first name, address, email address, telephone number)

Information on your household

(e.g. number of persons in the household, number of children, marital status, pets)

Login data, cookies, technical data

Anonymised data

Geolocation data

(for the Pure Air application only)

Applications related to personal care (Body Partner)


Identification data

(e.g. last name, first name, address, email address, telephone number)

Information on your household

(e.g. number of persons in the household, number of children, marital status)

Login data, cookies, technical data

Well being data

(e.g. height, weight, body measurements)

Anonymised data

Are these Data mandatory?

You can use the Site / Application without identifying yourself or sending us any Data. However, some Services or functions are only accessible to users with an account. Furthermore, some of these Data are mandatory in order to meet legal or contractual requirements. We will always process your Data in compliance with the legislation in force.


Grounds for processing


You freely consent to processing of your Data

We need to process your Data to meet our contractual commitments

The law requires us to collect these Data

We process your Data in our legitimate interests in order to continually improve our Services

Mandatory Data is marked as such when it is collected; other Data are optional.


If you fail to complete the mandatory Data, it will not be possible:

  • to access all or part of the Services of the Site / Application;
  • to receive the products or Services we offer.

Moreover, when you log on to the Site / Application via a third party solution, in particular a social network, you authorise us, in accordance with the T&C of Use, to collect and process the Data for which you have authorised public sharing via the parameters of this third party solution. We may therefore use these Data to complete the information we collect directly from you.


Why do we collect your Data?


Data collected

Purposes

Grounds for processing

To create your user account and your login, if you already have an account on another Site / Application of the brand or another Groupe SEB brand.
For more information, see the section on the single account.

To use information about your habits, customs and behaviour to send you personalised information and offers, respecting your choices on this matter.

To give you information or provide a service appropriate to your location.

To respond to your searches and information requests about the products and services we sell.

To manage all your orders placed on our Sites / Applications and in particular to dispatch and track the products ordered, print invoices and process any complaints.

To offer you personalised content and offers on the Site / Application that you are likely to be interested in, based on the Cookies installed. You can manage installation of each of these Cookies at any time, by clicking on the link on each page of the Site / in the Application menu.

To let you participate voluntarily in questionnaires, surveys or tests relating to our products and services.

To let you participate voluntarily in games or quizzes or receive reimbursement and sponsorship offers on the Site / Application.

To understand the uses made of our Sites / Applications and improve their operation by using cookies and other similar technologies. For more information, please see the section about Cookies.

To produce market research and analyse trends in order to improve our products and services. The data we collect are not in a format that will enable us to identify you personally. This information will be processed in aggregated format, which means we cannot personally identify users, and may be combined with other aggregated data linked to other users, and with data collected by other entities in our Group.

To manage your subscription to a mailing list (newsletter).

To allow you to share information from our Sites / Applications by e-mail or on social networks. For more information on the sharing functions on social networks, please see the section about Cookies.

To allow you to leave a Comment or Review on our Sites / Applications.

What is the single account?

We offer a unique, simplified user experience.


Therefore, when you create a user account on a Site or Application belonging to one of the Groupe SEB brands, you can use the same account to log into another Site or another Application of the same brand or another Groupe SEB brand.


Similarly, when you create an account on a Groupe SEB Site or Application for the first time, we can collect the Data you have sent us before you create your account, so that we can complete it. For example, you may have given us Data when calling our Consumer Service, sent Data when taking part in a sales campaign, or when signing up for a newsletter from one of the Groupe SEB brands.


This makes it easier for you to register, as you do not have to re-enter the information you have already given us.


This single account can be used to manage your Data, tell us your marketing choices and preferences, etc. in one point, on your customer page, for all the brands for which you are recognised as a user.


This single account is valid for the following Groupe SEB brands: TEFAL (or T-FAL depending on the country), ROWENTA, MOULINEX, KRUPS, CALOR, SEB, EMSA, OBH NORDICA, KAISER, ARNO, CLOCK, IMUSA, ASIA FAN, MIRRO, MAHARAJA WHITELINE, PANEX, SUPOR.


Who can access my Data?

We only share your Data when strictly necessary, and only to the following third parties:

  • our partner companies, only if you have agreed to this;
  • our suppliers, to perform the purposes described above or to fulfil a task on our behalf (including sales support, market research or customer services, and account management, supply of products or services now or in the future, or prize draws, competitions or promotions);
  • to our service providers for managing the Reviews. Our service providers will have access to the Data you send when you submit a Review;
  • to the buyer of our company in the event of a takeover;
  • to a third party when stipulated or authorised by the law, or a valid legislative provision, court order or regulation, or if such disclosure is necessary as part of an investigation or procedure, within the national territory or in another country.

Finally, in accordance with the legal provisions (in particular Article 6(1) of the European Data Protection Regulation and recital 48 of the same Regulation), we may share your Data with Groupe SEB companies for internal administrative purposes.


If a transfer as described above takes place to a country outside the European Union, we will put in place measures to protect your data, appropriate to the legislation in force. Similarly, if you are located outside the EU, your Data will be transfered within the EU where they will be processed in accordance with the legal provisions of the European Data Protection Regulation.


How long do you keep my Data for?

We keep your Data for the duration of the commercial relationship and as long as necessary to perform the purposes set out in these T&C of Use. Beyond this period, we will only keep your Data to comply with our legal or regulatory obligations, or to enable us to establish proof of a right or a contract.


My rights over my Data

What are my rights?

In accordance with the applicable legal provisions, we guarantee you the following rights:


Right of access


You may ask to access all or part of your Data..


Right of correction


You may ask us to correct all or part of your Data that might be inaccurate or not up to date..


Right of deletion


You may ask us to delete all or part of your Data, in particular if the Data are no longer necessary for performing the purposes for which they have been collected, or if you are withdrawing your consent to Data processing.


Right of objection


You may object at any time to processing of your Data for the purposes of the legitimate interests we pursue. However, we draw your attention to the fact that regardless of your request, we may have to continue processing your data if there are legitimate or compelling reasons justifying its processing, or in order to establish, exercise or defend legal rights.


Right to limitation


You may request your Data to be processed in a limited way (no processing, only storage) in the following cases:
1) for the period required to check the accuracy of your Data following a challenge to the accuracy of your Data by you;
2) if you consider that the processing is illegal and request limited use of the Data rather than deletion;
3) if we no longer need to process your Data but you still need these Data to record, exercise or defend your rights;
4) if you object to processing of your Data and you want to limit use thereof while checks are carried out to establish whether the legitimate reasons we give justify our continued processing of the Data.


Right to portability


You may request your Data to be exported to a third party when you have given your consent to collection of your Data or when your Data has been collected while performing a contract.


Right to withdraw consent


For processing requiring your consent () you may withdraw your consent at any time.


Right to control your Data after your death


You have the right to send us your instructions about what to do with your Data after your death.


How do I exercise my rights?

You can exercise your rights by clicking on the link about data management on your customer page, by going directly to the “Contact us” page, or by contacting our customer service department on the telephone number given on the Site / Application.

You also have the right to lodge a complaint to a data protection authority.


Your California Privacy Rights

Under California’s Shine the Light law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2017 will receive information regarding 2016’s sharing activities). To obtain this information from us, please send an email message with Request for California Privacy Information on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Not all information sharing is covered by the Shine the Light requirements and only information on covered sharing will be included in our response.


Your marketing preferences

In accordance with your preferences, you may receive promotional and commercial offers likely to interest you based on your profile, about products and services offered on the Sites and Application of one or more Groupe SEB brands, by post, e-mail, SMS and push notifications, and from our partners.

You may choose not to receive such marketing messages at any time, via the unsubscribe link in the message or via the parameters on your smartphone or tablet for push notifications, or by logging into your customer page.


Security of personal information

We value the security and confidentiality of the Data we collect and hold about you. We take all reasonable steps to protect all information we hold about you from misuse, interference and loss, as well as unauthorised access, modification or disclosure.
None of your bank data or credit card information is registered in our database. All bank data and credit card information is processed by our outside financial service provider, and all transmissions or transfers of such financial data shall be done only with SSL protection.


Cookies

Management of Cookies

During your use of the Site / Application, Cookies may be installed on your device, in particular on your computer, tablet or smartphone.

By using the Site / Application, you agree to use of the Cookies in accordance with these T&C of Use. If you do not agree to use of the Cookies, you can deactivate them by following the instructions below on the page “How can I deactivate optional Cookies”.


What is a Cookie?

Cookies are text files capable of identifying you as a customer and saving your personal preferences (for example your language choices) and technical information (including clickstream data).

We may also use web tags, also known as “pixel tags” or “Clear GIF” or similar technology used to check how you use our Site / Application and to see which pages of our Site / Application you visit.


What Cookies do we use?

We use different types of Cookies on the Site / Application:


Necessary Cookies


“Necessary” Cookies allow you to access the essential functions of the Site / Application. You can delete them via the parameters on your browser, but you will not be able to use the Site / Application correctly without these Cookies.


Optional Cookies


“Personalised” Cookies are not necessary but they make it easier to use the Site / Application and make your experience user friendly.


“Audience measurement” Cookies allow us to analyse traffic, trends, uses and identify any malfunctions in the Site / Application. This helps us improve your experience as well as the design and content of the Site / Application, to meet your needs.


“Advertising” Cookies are used to send you appropriate advertising related to your interests, as shown on our Site or when browsing the Internet. If you refuse advertising Cookies, only non-targeted advertising will continue to be displayed on our Site / Application or on the Internet.


“Social media” Cookies let you share the Site content with your friends via sharing buttons, in particular Facebook and Twitter. The social media publishers therefore store the Cookies on your device, to obtain and receive information on your use of these sharing services.


How can I deactivate optional Cookies?

The first time you visit the Site / Application, a banner informs you of the presence of these Cookies and you are invited to state your preferences.


You can also manage installation of each of these Cookies at any time, by clicking on the link on each page of the Site / in the Application menu.


Applicable Law - Competent jurisdiction

1/ If you live outside the United States: These T&C of Use are subject to the applicable law in your place of residence. All disputes will be referred to the competent courts, if an amicable settlement cannot be reached.


2/ If you live in the United States:


The laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these T&C of Use and any dispute of any sort that might arise between us


a) Mandatory Binding Arbitration.The parties to these T&C of Use agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, the Site/the Application or these T&C of Use. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in Essex County, New Jersey, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these T&C of Use (despite any other choice of law provision).

Arbitration under these T&C of Use shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA's Consumer Arbitration Rules will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at: https://www.adr.org.


Any Notice of Arbitration should be mailed to us at the following address:

Buchanan Ingersoll & Rooney PC
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Att: Wendelynne Newton


b) Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.


c) Waiver of Rights, including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator's decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.