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 Holdings B.V. of s-Hertogenbosch, Utopialaan 52 license you to use:
- SkinExpert mobile application software (App) and any updates or supplements to it.
- [[The related documentation] (Documentation).
- [The service you connect to via the App and the content we provide to you through it (Service).]
as permitted in these terms.
- Your privacy
We process your personal data pursuant to the information provided below.
- 1.1.Information we may collect from you
We may collect and process the following data about you:
- 1.2.Information you give us. This is information you give us about you by filling in forms on the App Site and the Services Sites (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 Site, 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;
date of birth;
phone number and mobile phone number;
unique consultant ID;
the Device's phone number;
password and other registration information;
personal description and photograph;
Bank Account [OTHER PAYMENT PROVIDER];
Please be aware that if you do not provide such information in some cases, we will not be able to provide you with the service you have requested.
- 1.3.Information we collect about you. We store the history of your purchases, your level in our consultants’ network structure, your performance, the recruits sponsored by you etc.
- 1.3.1.With regard to each of your visits to our site, we may automatically collect the following information:
- 1.3.2.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;
- 1.3.3.information about your visit to our site, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (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.
- 1.3.4.Our site also places cookies on your terminal equipment (please see section 9 for more information about this).
- 1.4.Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. We may also receive information about you from other members of the consultants' network (for example, your sponsor).
- 1.5.Uses made of the information
We use information held about you in the following ways:
- 1.5.1.To carry out our obligations arising from any contracts entered into between you and us, and to provide you with the information, products and services that you request from us including resolving any disputes, collect fees, and troubleshoot problems;
- 1.5.2.To provide you with the rights, benefits, and entitlements, and other conditions as applicable under the contractual relationship between you and us;
- 1.5.3.To comply with other regulations applicable to our cooperation with you, such as, tax laws, social security laws, statistical obligations etc.;
- 1.5.4.To monitor and ensure compliance by you with our policies and rules;
- 1.5.5.To provide you with information about goods or services we feel may interest you. We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. Please see section 6 below for more information;
- 1.5.6.To notify you about changes to our service;
- 1.5.7.To ensure that content from our site is presented in the most effective manner for you and for your computer;
- 1.5.8.To ensure effective management of the network of our consultants by ourselves but also by other members of our consultants networks (mainly your sponsor);
- 1.5.9.To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- 1.5.10.To improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- 1.5.11.To allow you to participate in interactive features of our service, when you choose to do so;
- 1.5.12.To keep our site safe and secure;
- 1.5.13.To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you, this includes performance of consumer satisfaction and similar studies; and
- 1.5.14.To respond to requests and legal demands from regulators or other authorities.
- 1.6.Disclosure of your information
- 1.6.1.We do not sell, rent or trade your personal data.
- 1.6.2.We may give access to your personal data, and allow its processing, by companies that are members of our group (ultimate holding company and its subsidiaries) in order to support us in the performance of the activities listed above in point 2 (Uses made of the information).
- 1.6.3.We may give access to your information, and allow its processing, within a strictly defined scope and purposes to selected third parties such as:
- 1.6.4.Our business partners: suppliers and sub-contractors for the performance of any contract we enter into with them. This includes among others: carriers, credit collection agencies, banks, factoring services providers, logistics services (such as picking and packing) providers, customer support services providers etc.
- 1.6.5.Other members of our consultants network (primarily to your sponsor in our network and your down-line consultants) for the purpose of effective management of our consultants' network. If you do not want us to pass your personal data to the other consultants in the network for the mentioned purpose, please change the settings at your profile after logging to “my pages” or contact customer service by sending an email to email@example.com.
- 1.6.6.VIP Customers who were not referred by you but who Oriflame 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.
- 1.6.7.Advertisers and advertising networks that need the data to select and serve relevant adverts to you and others.We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, new joint consultants from certain area).
- 1.6.8.Analytics and search engine providers that assist us in the improvement and optimisation of our site.
- 1.6.9.Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
- 1.6.10.Providers of technical solutions allowing us to send to you our messages (including marketing messages or customer satisfaction surveys when you have consented to receive such information) e.g. mass mailing solutions providers, mass texting solutions providers.
- 1.6.11.We may also disclose your personal data to third parties:
- 1.6.12.In the event that we sell, buy or in other way transfer any business or assets, in which case we may disclose your personal data to the prospective seller, buyer or acquirer of such business or assets.
- 1.6.13.If our company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- 1.6.15.Click here to learn more about how we share the information which we collect.
- 1.7.How and where we store your personal data
- 1.7.1.The data that we collect about you may be transferred to, and stored in, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details, processing of your Success Plan entitlements and the provision of support services.
- 1.7.3.Click here to learn more about the transfer of your information by us outside the EEA.
- 1.8.Duty of care
- 1.8.1.Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site (your “Account”), you are responsible for keeping this password confidential. We ask you not to share this password with anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your Account. If you lose control of your password, you may lose substantial control over your personal data and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us using the details provided in section 11, and change your password. We will not ask you to provide us with your password except during the login process. Our employees are subject to additional requirements in the area of data protection.
- 1.8.2.Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
- 1.9.Marketing communications
- 1.9.1.From time to time, we would like to send you information, by e-mail and/ or SMS, about our products and services which may be of interest to you (including, for example, newsletters and promotional communications).
- 1.9.2.We will do this only if you have consented [insert relevant time e.g. at the point of registration or at any later time by ticking relevant tick box on your Account]. If you change your mind and do not want us to use your data in this way please: select relevant tick box on your Account or contact customer service by sending an email to firstname.lastname@example.org.
- 1.10.Your rights
- 1.10.1.Marketing Communications. Further to section 6, you have the right to ask us not to process your personal data for marketing purposes.
- 1.10.2.Access to information, rectification and deletion. You have the right to access information held about you (including your personal data), and to request its rectification or deletion, or to receive a copy of your personal data in a portable format. You can see, review and change most of your personal data by signing on to your Account. Alternatively, upon your request to [Oriflame Customer Service contact detail –e-mail address, website or other appropriate], we will amend your personal data on your behalf. Further, upon your request to [Oriflame Customer Service contact detail –e-mail address, website or other appropriate], we will close your Account as soon as reasonably possible, in accordance with applicable law. We may request additional information from you to verify that you are in fact the holder of the account.
- 1.11.Retention. We retain your personal data for as long as necessary to administer the relationship with you. If you terminate your relationship with Oriflame, we will retain personal data to comply with legal obligations, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, and generate business reports for a reasonable period of time, after which we will take steps to delete, anonymise or securely archive your personal data.
- 1.13.Contact and complaints
- 1.13.3.Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- 16.5.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.
- 1.1.Information we may collect from you
- The apple itunes store's terms may also apply
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.
- The google play store's terms may also apply
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.
- Operating system requirements
- Support for the App and how to tell us about problems
- 5.1.Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://oriflame.com.
- 5.2.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 email@example.com.
- 5.3.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.
- How you may use the App, including how many devices you may use it on
- 6.1.In return for your agreeing to comply with these terms you may:
- 6.2.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.
- 6.3.use any Documentation to support your permitted use of the App and the Service.
- 6.4.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.
- 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.
- You may not transfer the App to someone else
- 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.
- Changes to these terms
- 10.1.We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
- 10.2.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.
- 10.3.If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
- Update to the App and changes to the Service
- 11.1.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.
- 11.2.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.
- 11.3.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.
- 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.
- 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.
- We may collect location data (but you can turn location services off)
- 14.1.1.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.
- 14.1.2.You may stop us collecting such data at any time by turning off the location services settings on your mobile device.
- We are not responsible for other websites you link to
- 15.1.The App or any Service may contain links to other independentwebsites 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).
- 15.2.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.
- Licence restrictions
You agree that you will:
- 16.1.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;
- 16.2.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;
- 16.3.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;
- 16.4.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:
- 16.4.1.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
- 16.4.2.is not used to create any software that is substantially similar in its expression to the App;
- 16.4.3.is kept secure; and
- 16.4.4.is used only for the Permitted Objective;
- Acceptable use restrictions
- 17.1.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;
- 17.2.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);
- 17.3.not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- 17.4.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
- 17.5.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.
- Intellectual property rights
- 18.1.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.
- Our responsibility for loss or damage suffered by you
- 19.1.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.
- 19.2.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.
- 19.3.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.
- 19.4.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.
- 19.5.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.
- 19.6.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.
- 19.7.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.
- 19.8.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 eventbut 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.
- We may end your rights to use the App and the Services if you break these terms
- 20.1.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.
- 20.2.If we end your rights to use the App and Services:
- 20.2.1.You must stop all activities authorised by these terms, including your use of the App and any Services.
- 20.2.2.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.
- 20.2.3.We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
- 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.
- 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.
- No rights for third parties
- This agreement does not give rise to any rights to third parties to enforce any term of this agreement.
- 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.
- 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.
- 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.
- 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.