PLEASE READ THESE LICENCE TERMS CAREFULLY BY BUYING OR DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY OR DOWNLOAD THE APP.
Who we are and what this agreement does
We Oriflame Cosmetics of Bleicheplatz 3, 8200 Schaffhausen, SWITZERLAND, license you to use:
• Oriflame mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
• The related electronic documentation.
• The service you connect to via the App and the content we provide to you through it.
as permitted in these terms.
1. Your privacy:
The following categories of personal data will be collected about you in connection with this policy:
1.1. Personal data collected from you:
This is information you give us about you by filling in forms in the App on any App Sit, any ancillary Services Sites or mobile optimised website (together Our Sites), or by corresponding with us (for example, by e-mail or chat). It includes information you provide when you register to use the App, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, share data via an App's social media functions, and when you report a problem with an App, our Services, or any of our Sites. If you contact us, we will keep a record of that correspondence. The information you give us may include;
(i) Your name
(ii) Mobile number
(iii) E-mail address
(iv) Home Address
(vi) Your Age
(vii) Your Gender
(viii) Your picture
(ix) Your Consultant ID Number
1.2. Personal data collected about you:
1.2.1. We process personal data related to your history of purchases, level in the Success Plan, performance and recruitment and it shares some/ all of this data with your Sponsors for the management of their downline networks.
1.2.2. We process the following personal data about you relating to your completion of the Beauty Consultant sign-up process:
22.214.171.124. unique consultant ID;
126.96.36.199. membership start date; and
188.8.131.52. membership anniversary date.
1.3. With regard to each of your visits to the website and/or any Oriflame app, We will automatically collect the following personal data:
1.3.1. technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time-zone setting, browser plug-in types and versions, operating system and platform;
1.3.2. information about your visit to the website, including the full Uniform Resource Locators (URL) clickstream to, through and from the website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number; and
1.3.3. information obtained via the cookies that We places on the website – see below for more information.
1.4. How is your personal data used, and what is the legal basis for this use?
We and your Sponsors each process the above personal data as independent data controllers. Each independently processes your personal data for the following purposes:
1.4.1. Company Processing
• Contractual Necessity: As required to establish and fulfil a contract with you, for example, if you make a purchase from it. This will include verifying your identity, taking payments, communicating with you, providing customer services and arranging the delivery or other provision of products, awards or services.
• Legitimate Interests: As required by it to pursue its own legitimate interests, in particular:
- to ensure the effective management of the Beauty Consultant Network (including, enabling you to connect with other Beauty Consultants within the Network);
- to communicate with you (including providing you with information to help you improve your business (such as providing you with training materials and sessions);
- to analyse your Beauty Consultant recruitment and sales performance (including the compiling of internal reports);
- to invite you to take part in market research or studies, and attend (business update) conferences;
- to help it monitor, improve, administer and protect its products, content, services and website, both online and offline;
- to personalise its website, or its products and services for you, and to enable you to participate in interactive features of its website;
- to monitor and ensure compliance by you with its policies and rules;
- to investigate and handle any complaints received from you about its products and services or its website;
- to monitor any Beauty Consultant account to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law; and
- to measure or understand the effectiveness of advertising it serves to you and others, and to deliver relevant advertising to you (including, performance of consumer satisfaction and similar studies).
• Legal Compliance: To ensure compliance with applicable laws and the protection of our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, regulatory, tax, investigative purposes (including disclosure of such information in connection with legal process or litigation).
• Consent: Subject to the following, We will send you direct marketing in relation to our products and services similar to those which you have already purchased, or other products and services provided by We, its affiliates and carefully selected partners. This will only be sent where you have given your consent to We during the Beauty Consultant sign-up process or via your online account on the website ('My Pages'), or (where permissible) you have been given an opportunity to opt out. You will be able to opt-out of direct marketing by: (i) following the instructions in the communication itself; (ii) changing your marketing preferences via your online account on the website ('My Pages'); or (iii) contacting our Customer Service Desk at ContactCenter.India@oriflame.com.
1.5. Your Sponsors' Processing
1.5.1. Legitimate Interests: As required by them to each pursue their legitimate interests, in particular:
• to ensure the effective management of the Beauty Consultant Network (including, enabling you to connect with other Beauty Consultants within the Network);
• to respond to any comments or complaints you may send them;
• to communicate with you (including providing you with information to help you improve your business, and inviting you to Beauty Consultant meetings);
• to analyse your Beauty Consultant recruitment and sales performance (including the compiling of internal reports); and
• to invite you attend training sessions and Beauty Consultant Network meetings.
1.5.2. Legal Compliance: To ensure compliance with applicable laws and the protection of your Sponsors' own legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, regulatory, tax, investigative purposes (including disclosure of such information in connection with legal process or litigation).
1.5.3. Consent: Subject to the following, your Sponsors may send you direct marketing in relation to our products and services similar to those which you have already purchased, or other products and services provided by We, its affiliates and carefully selected partners. This will only be sent where you have given your consent to your Sponsors during the Beauty Consultant sign-up process or via your online account on the Website ('My Pages'), or (where permissible) you have been given an opportunity to opt out. You will be able to opt-out of direct marketing by: (i) following the instructions in the communication itself; (ii) changing your marketing preferences via your online account on the Website ('My Pages'); (iii) contacting our Customer Service Desk at ContactCenter.India@oriflame.com or (iv) directly contacting your Sponsor
1.6. Who will your personal data be shared with, and where?
1.6.1. If you are an Oriflame Beauty Consultant then we will share your personal data with your Sponsor and the people in your upline as disclosed to you at the time you signed up to become an Oriflame Beauty Consultant. You can check who in your upline processes your data by logging into your Mypages on the Oriflame website.
1.6.2. We will share your personal data with Oriflame Kosmetik Vertriebs GmbH, Konigstrasse 10c, 70173 Stuttgart, Germany for group level analytics.
1.6.3. We and your Sponsors may each share your personal data with:
184.108.40.206. government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of its own legitimate interests in compliance with applicable laws;
220.127.116.11. third party service providers and group companies, who will process it on behalf of We or your Sponsors for the purposes above. Such third parties include, but are not limited to, couriers for delivery of your orders (which are located in EEA), customer service operations (which are located in EEA), and marketing providers (which are located in EEA) etc.;
18.104.22.168. amongst the Sponsors themselves (remember that this means only your Sponsor along with your Sponsor's up-line Sponsors within the Beauty Consultant Network); and
22.214.171.124. VIP Customers who were not referred by you but who We has allocated to you upon their registration as a VIP Customer in order that the VIP Customer can contact you to hear more about Oriflame products and services?
1.7. What cookies will be used on the websites?
1.7.3. Strictly Necessary Cookies
Some cookies are essential for the operation of the website. For example, some cookies allow us to identify registered users and ensure they can access the website. If a registered user opts to disable these cookies, the user may not be able to access all of the content of the website.
1.7.4. Performance Cookies
Other cookies may be used to analyse how users use the site and to monitor site performance. This allows us to provide a high-quality experience by customizing the offering and quickly identifying and fixing any issues that arise. For example, performance cookies may be used to keep track of which pages are most popular and to determine why some pages are receiving error messages.
1.7.5. Functionality Cookies
Functionality cookies are used to allow us to remember users’ preferences and tailor the website/app to provide enhanced features.
1.7.6. Targeting Cookies
1.7.7. Google Analytics
We use Google Analytics to understand how visitors engage with our sites and apps. This means that when you visit our website or use one of our mobile applications your browser automatically sends certain information to Google. This includes, for example, the web address of the page that you're visiting and your IP address. You will find the details of how the Google technology collects and processes data following this link https://www.google.com/policies/privacy/partners/.
Users are always free to decline cookies if their browser permits, although doing so may interfere with their use of the website. Please find detailed information on how to disable cookies here (http://www.allaboutcookies.org/manage-cookies/).
1.8. Changes to this policy
Any changes we may make to the policy in the future will be posted on the website and, where appropriate, notified to you by e-mail or otherwise. The amendments will be also available at our premises.
1.9. Where can I find more information about the handling of my personal data?
1.10. How long will you hold my data?
1.10.1. We and your Sponsors will each keep your personal data for the length of the contractual relationship you have with We and, to the extent permitted, after the end of that relationship for as long as necessary to perform the purposes set out in this policy.
1.10.2. Laws may require We and your Sponsors to each hold certain personal data for specific periods. In other cases, We and your Sponsors will each retain data for an appropriate period after any relationship with you ends to protect itself from legal claims, or to administer its business.
1.10.3. More information about We and your Sponsors' retention practice, contact our customer service at firstname.lastname@example.org
1.11. Where will you send my data?
We and your Sponsors intend to transfer (including store) your personal data to countries;
1.11.1. outside of the European Economic Area (the "EEA") (i.e. all 27 EU Member States plus Iceland, Liechtenstein and Norway) which may not provide the same level of protection as those countries within the EEA.
1.11.2. In particular, to India, the United States of America and Switzerland.
1.11.3. Where the transfer is to a Company affiliate or vendor in a country that is not subject to an adequacy decision by the EU Commission, that personal data will be adequately protected by EU Commission-approved standard contractual clauses (which have been implemented pursuant to Article 46 (2) of the GDPR).
If you have any questions about the standard contractual clauses and / or would like to obtain a copy of them, please contact our data protection officer at email@example.com.
2. The apple itunes store's terms may also apply
If you download the App onto an Apple device (i.e. an iPhone or iPad) then the ways in which you can use the App and Documentation may also be controlled by the Apple iTunes store rules and policies (https://www.apple.com/legal/) and the Apple iTunes store's rules and policies will apply instead of these terms where there are differences between the two.
3. The google play store's terms may also apply
If you download the App onto an Android device the ways in which you can use the App and Documentation may also be controlled by the Google Play store's rules and policies (https://play.google.com/intl/en-us_us/about/play-terms.html) the Google Play store's rules and policies will apply instead of these terms where there are differences between the two.
4. Operating system requirements
This app requires an Android or iOS smartphone with circa 100 MB of memory, and Android +5.0 / iOS +9.0 operating system.
4.1. Support. If you want to learn more about the App or the Service or have any problems using them please look at our support resources at https://oriflame.com.
4.2. Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
4.3. How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
5. How you may use the App, including how many devices you may use it on
5.1. In return for your agreeing to comply with these terms you may:
5.2. download or stream a copy of the App onto your mobile device and view, use and display the App and the Service on such devices for your personal purposes only.
5.3. use any Documentation to support your permitted use of the App and the Service.
5.4. receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
6. You must be 18 to accept these terms and buy the app
You must be 18 or over to accept these terms and download the App.
7. You may not transfer the App to someone else
8. We are giving you personally the right to use the App and the Service as set out above.
Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell or gift any device on which the App is installed, you must remove the App from it prior to the transfer.
9. Changes to these terms
9.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2. We will give you notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
9.3. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
10. Update to the App and changes to the Service
10.1. From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
10.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
10.3. The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
11. If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
12. We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
13. We may collect location data (but you can turn location services off)
13.1.1. Certain Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
13.1.2. You may stop us collecting such data at any time by turning off the location services settings on your mobile device.
14. We are not responsible for other websites you link to
14.1. The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
14.2. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
15. Licence restrictions
You agree that you will:
15.1. except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
15.2. not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
15.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
15.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
15.4.1. is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
15.4.2. is not used to create any software that is substantially similar in its expression to the App;
15.4.3. is kept secure; and
15.4.4. is used only for the Permitted Objective;
15.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
16. Acceptable use restrictions
16.1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
16.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
16.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
16.4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
16.5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
17. Intellectual property rights
17.1. All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
18. Our responsibility for loss or damage suffered by you
18.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
18.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
18.3. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18.4. We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.5. Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.6. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
18.7. Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
18.8. We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
19. We may end your rights to use the App and the Services if you break these terms
19.1. We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
19.2. If we end your rights to use the App and Services:
19.2.1. You must stop all activities authorised by these terms, including your use of the App and any Services.
19.2.2. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
19.2.3. We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
20. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
21. You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
22. No rights for third parties
23. This agreement does not give rise to any rights to third parties to enforce any term of this agreement.
24. If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
26. Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by Swiss law and you can bring legal proceedings in respect of the products in the Swiss courts in the Canton of Zurich.
27. Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. We are happy to agree an Alternative dispute resolution provider with you or alternative you can find a provider via the European Commission website here https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage . If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.