PLEASE READ THESE LICENCE TERMS AND CONDITIONS CAREFULLY

BY PURCHASING OR DOWNLOADING THE APP, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE OR DOWNLOAD THE APP.

Who we are and what this agreement does

We, Oriflame Cosméticos LDA, with registered office atEdifício Adamastor, Avenida D. João II, Torre B, nº 9-I, 13º piso, B e C, 1990-077 Lisboa, Portugal ,grant you a licence to use:

  • The Oriflame SkinExpert mobile application software (App) and any updates or supplements thereto.
  • The related documentation (Documentation).
  • [The service you connect to through the App and the content we provide to you through it (Service) as authorised in these terms.
  1. Your privacy

    We process your personal data in accordance with the information provided below.

    • 1.1Information about you that we may store

      We may store and process the following data:

    • 1.2.Information you give us.This is information you give us about yourself by filling in forms on the App Site and the Service Sites (Our Sites), or by corresponding with us (for example via email or chat). This includes information provided by you through registering to use the App Site, downloading or registering an App, subscribing to any of our Services, searching for an App or Service, making an in-app purchase or making an in-app purchase.This includes information provided by you through registering to use the App Site, downloading or registering an App, subscribing to any of our Services, searching for an App or Service, making a purchase on the App, sharing data through an App's social media features, and when you report a problem with an App, our Services, or any of our Sites. If you contact us, we will retain such correspondence. The information you give us may include;

      name;

      date of birth;

      address;

      e-mail address;

      your signature;

      telephone and mobile number;

      Advisor number;

      mobile phone number of the device;

      age;

      user name;

      password and other registration information;

      description and personal photos;

      Bank account number [OTHER PAYMENT METHOD];

      Please note that if you do not provide information in some cases, we will not be able to provide the service you have requested.

    • 1.3Information stored .We store the history of your purchases, your level in our Advisor structure, your performance, your recruits, etc.
      • 1.3.1 With regard to your visits to our site, we may automatically store the following information:
      • 1.3.2. Technical information, including the IP (Internet Protocol) address used to connect your computer to the Internet, your login information, browser type and version, time zone settings, browser plug-in types and versions, operating system and platform;
      • 1.3.3. Information about your visit to our site, including the full URL (Uniform Resource Locators) clickstream to, through and from our site (including date and time); products viewed or searched for; page response times, download errors, duration of visits to certain pages, page interaction information, etc.Page interaction information (such as scrolling, clicks and mouse-overs), and methods used to navigate away from the page and any telephone/mobile number used to contact the Customer Service number.
      • 1.3.4 Our website also stores cookies on your terminal equipment (please see section 9 for more information on this).
    • 1.4Information received from other sources .We may receive information about you if you use any of our other websites or other services we provide. We also work with third parties (including, for example, business partners, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search providers, credit agencies), so we may receive information from them. We may also receive information about you from other members of the Advisors network (for example, from your recruiter).
    • 1.5Uses of your information

      We use information about you in the following ways:

      • 1.5.1 . to fulfil our obligations arising from any contracts between both parties, and to provide you with the information, products and services you request from us, including resolving any disputes, collecting fees and resolving problems;
      • 1.5.2 . to provide you with the rights, benefits and other conditions as applicable under the contractual relationship between you and us;
      • 1.5.3 . to comply with other regulations applicable to our co-operation, such as tax and social security legislation, statistical obligations, etc;
      • 1.5.4 . to monitor and ensure compliance with our policies and rules;
      • 1.5.5 . to provide you with information about goods or services that may be of interest to you. We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those previously purchased or to inform you about possible promotions. Please see section 6 below for more information;
      • 1.5.6 To notify you of changes to our service;
      • 1.5.7 . to ensure that the content of our site is presented in the most effective way for you and your computer;
      • 1.5.8 . to ensure effective management of the Oriflame Adviser network on our part, but also on the part of other members of our Adviser network (notably your recruiter);
      • 1.5.9 To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, as well as for statistical and analysis purposes;
      • 1.5.10.To improve our site to ensure that the content is presented in the most effective way for you and your computer;
      • 1.5.11.To enable you to participate in interactive features of our service, whenever you wish to use them;
      • 1.5.12.To keep our site secure;
      • 1.5.13.To measure and understand the effectiveness of advertising that reaches you and others, and to provide you with advertising that is relevant to you, which includes consumer satisfaction analysis and other similar analyses; and
      • 1.5.14.To respond to legal requests and requirements from regulatory and other authorities.
    • 1.6Disclosure of your information
      • 1.6.1 We do not sell, transfer or commercialise your personal data.
      • 1.6.2 We may give you access to your personal data and allow it to be processed by companies in our group (parent company and its subsidiaries) to support us in carrying out the activities mentioned above in point 1.5 (Uses of your information).
      • 1.6.3 We may give access to your information and allow its processing within the scope and for strictly defined purposes to third parties, such as:
      • 1.6.4 . our business partners: suppliers and subcontractors to perform any contract with us. This includes, but is not limited to: carriers, credit agencies, banks, manufacturing service providers, logistics service providers (such as picking and packing), customer support providers, etc.
      • 1.6.5. Other members of our network of Advisors (mainly your recruiter in our network and your Advisors) for the purposes of effective management of our network of Advisors. If you do not want us to pass on your personal data to other Advisors in the network for the purposes mentioned, please change the settings in your profile after entering your "personal area" or contact Customer Service by sending an email to privacy@oriflame.com.
      • 1.6.6 . VIP Customers who have not been nominated by you but whom Oriflame has allocated to you when you register as a VIP Customer, so that the VIP Customer can contact you to find out more about Oriflame's products and services.
      • 1.6.7 Advertising agencies that need the data to select and provide relevant advertising to you and others. We may also use this aggregated information to help advertising agencies reach the type of audience they want (for example, new Advisors in a certain region).
      • 1.6.8. Analytics and search engines that help us improve and optimise our website.
      • 1.6.9 . credit agencies for credit assessment when this is a condition for us to contact you.
      • 1.6.10.Technical service providers, enabling us to send you messages (including marketing messages or satisfaction surveys, if you have authorised to receive this type of information), e.g. email and messaging solutions.
      • 1.6.11.We may also disclose your personal data to third parties:
      • 1.6.12.In the event that we sell, buy or otherwise transfer any business or goods, we may disclose your personal data to the prospective seller, buyer of such business or goods.
      • 1.6.13.If our company, or substantially all of its assets, is acquired by a third party, the personal data it holds about its customers will be one of the transferred assets.
      • 1.6.14.If we are required to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our policies and/or terms of use and/or other applicable agreements; or to protect our rights, property, or the safety of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
      • 1.6.15.Click here to learn more about how we share the information we collect.
    • 1.7How and where we store your personal data
      • 1.7.1. The data we collect about you may be transferred to, and stored at, a location outside the European Economic Area ("EEA"). It may even be processed by employees outside the EEA who work for us or for one of our suppliers. These employees may, among other things, be responsible for fulfilling your order, processing your payment details, processing your Success Plan entitlements and providing Customer Support services.
      • 1.7.2 We will take all necessary steps to ensure that your data is processed securely and in accordance with this Privacy Policy and applicable legislation.
      • 1.7.3 Click here to find out more about transferring your information outside the EEA.
    • 1.8Duty ofcare
      • 1.8.1. When we give you (or where you have chosen to have) a password that allows you to access certain areas of our site (your "Account"), you are responsible for keeping this password confidential. We ask that you do not share this password with anyone. If you 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 must notify us immediately, using the details provided in section 11, and change your password. We will not ask you for your password except during the login process. Our employees are subject to additional requirements with regard to data protection.
      • 1.8.2 Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted on 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.
    • 1.9Marketing communications
      • 1.9.1 From time to time, we would like to send you information by email and/or SMS regarding our products and services which may be of interest to you (including, for example, newsletters and promotional communications).
      • 1.9.2 We will only do this if you have authorised [Insert the relevant time, e.g. at the time of registration or at any time thereafter, by ticking the appropriate box in your Account] If you change your mind and do not want us to use your data in this way, please: tick the relevant box in your Account or contact Customer Services via email atprivacy@oriflame.com or on privacy@oriflame.com;
    • 1.10.Your rights
      • 1.10.1Marketing Communications. In addition to section 6, you have the right to contact us in order to process your personal data for marketing purposes.
      • 1.10.2.Access to information, rectification and erasure .You have the right to access information about you (including your personal data), and to request its rectification or erasure, or to receive a copy of your personal data in electronic form. You can view, review and amend most of your personal data by logging into your Account. Alternatively, you can request this via the Oriflame customer service email address or telephone contact. We will amend your personal data. In addition, at your request we will contact customer service by email and telephone, and we will close your Account as soon as we are able, in accordance with current legislation. We may need additional information in order to verify that you are in fact the account holder.
    • 1.11.Storage. We keep your personal data for as long as necessary to manage our relationship with you. If you terminate your relationship with Oriflame, we will retain the personal data in order to fulfil legal obligations, prevent fraud, collect any amounts owed, resolve disputes, troubleshoot problems, assist in any investigations and generate business reports during the course of the relationship.We will retain your personal data to fulfil legal obligations, prevent fraud, collect any amounts owed, resolve disputes, troubleshoot problems, assist in 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.
    • 1.12.Changes to our Privacy Policy

      Any changes we may make to our Privacy Policy in the future will be posted on our website and, where appropriate, notified by email or otherwise. The changes will also be available at our premises. Changes will be effective from their date of publication.

    • 1.13Contact and complaints
      • 1.13.1.Questions, comments and requests regarding this Privacy Policy are welcomed and should be sent to our Customer Service Department via email: privacy@oriflame.com.
      • 1.13.2 .If you believe that we have not complied with this Privacy Policy, you may send an email to the above address or contact our Customer Service at privacy@oriflame.com. Please describe in as much detail as possible why you believe this Privacy Policy has not been complied with. We will promptly investigate your complaint.
      • 1.13.3Please 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.You will 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.
  2. The apple itunes store terms may also apply

    The ways in which you may use the App and Documentation may also be controlled by the rules and policies ofthe Apple iTunes Store(https://www.apple.com/legal/), and the rules and policies of the Apple iTunes Store will apply instead of these terms where there is a difference between the two .

  3. The google play store terms may also apply

    The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the Google Play Store(https://play.google.com/intl/en-us_us/about/play-terms.html), with the rules and policies of the Google Play Store applying instead of these terms where there are differences between the two .

  4. Operating system requirements

    This App requires a Smartphone device with a minimum of sufficient operating memory. It is compatible with Android and IOS operating systems. [MD1]

  5. Support for using the App and how to report problems with it
    • 5.1.Support. If you would like to know more about this App or the Service, or if you have had any problems using them, please contact us using the addresses/numbers at https://oriflame.com.
    • 5.2Contact us (including complaints). If you think that the App or the Services have errors or have been described incorrectly, or if you want to contact us for any other reason, please send an email to our Customer Service at marcus.fogel@oriflame.com.
    • 5.3How we will contact you. If we need to contact you, we will do so by email, SMS or post, using the contact details you have provided.
  6. How you can use the App, including how many devices you can use it with
    • 6.1.By agreeing to these terms, you can:
    • 6.2.download the App on your mobile device and view, use and display the App and the Service on those devices for personal purposes only.
    • 6.3.use any Documentation to support your permitted use of the App and Service.
    • 6.4.receive and use any free supplemental software code or update to the App incorporating fixes that we may make/make available to you.
  7. You must be 18 years or older to accept these terms and purchase theApp

    You must be 18 years or older to accept these terms and download the App.

  8. You may not transfer the App to another person
  9. We grant you, personally, the right to use the App and Service set out above. Although you may have shared rights as defined above, you may not transfer the App or the Service to another person, whether for money, something else or free of charge. If you sell or give away a device that has this App installed, you must remove the App before giving away the device.
  10. Changes to these terms
    • 10.1We may need to change these terms to reflect changes in the law, best practice or to accommodate additional features we may introduce.
    • 10.2We will notify you of any changes by SMS, with details of the change or we will notify you of a change when you log back into the App.
    • 10.3If you do not accept the notified changes, you may not continue to use the App and the Service.
  11. Update the App and changes to the Service
    • 11.1From time to time, we may automatically update the App and change the Service to improve its performance, enhance its functionality, reflect changes in the operating system or address security issues. Alternatively, we may ask you to update the App for these same reasons.
    • 11.2If you choose not to install updates or opt out of automatic updates, you may not be able to continue using the App and the Services.
    • 11.3The App will always work with the current or previous version of the Operating System (as this may be updated from time to time) and conform to its description when you purchased it.
  12. If the mobile phone or device you are using belongs to someone else

    If you download the App on any mobile phone or device that does not belong to you, you must have the owner's authorisation to do so. You will be responsible for complying with these terms, regardless of whether or not you own the mobile phone or other device.

  13. We may collect technical data about your device

    By using the App or any of the Services, you agree that we collect and use technical information about the devices on which you use the App, as well as related software and hardware, and peripherals, to improve our products and to provide you with any Services.

  14. We may collect location data (however you can switch off location services)
    • 14.1.1Certain Services may require location data sent via your device. You can switch this feature off at any time by switching off location services in the settings for the App on your device. If you use these Services, you authorise us and our affiliates and licensors to transmit, collect, retain, maintain, process and use your data and requests.You authorise us and our affiliates and licensed entities to transmit, collect, retain, maintain, process and use your location data and requests to provide and improve products and services based on location and road traffic.
    • 14.1.2You can prevent us from obtaining this data at any time by switching off location services in your mobile device settings.
  15. We are not responsible for any websites you access
    • 15.1The App or any Services may contain links to other independent websites, which are not provided by us. These independent sites are not under our control and we are not responsible for them and have not checked or approved their content or privacy policies (if any).
    • 15.2You must decide for yourself whether to use these independent websites, including whether to purchase any products or services provided by them.
  16. Licence restrictions

    You agree that:

    • 16.1.except in the course of authorised sharing, you will not assign, sub-license, lend, provide or make available the App or the Services of any kind, in whole or in part, to any person, without Oriflame's prior written permission;
    • 16.2.you will not copy the App, Documentation or Services, except those arising from the normal use of the App or where this is necessary for back-up or operational security purposes;
    • 16.3.not translate, combine, adapt, vary, alter or modify all or any part of the App, Documentation or Services, or permit the App or Services or any part thereof to be combined with or incorporated into any other programs, except as may be necessary for the purposes of using the App and Services on the devices as authorised in these terms;
    • 16.4.you will not destructure, decompile, reverse engineer or create derivative works based on the App or Services as a whole or any of its parts, or attempt to do any of these things, except to the extent that such actions cannot be prohibited by your need to do so.Such actions may not be prohibited by your need to decompile the App and obtain the information necessary to create a stand-alone programme that can be used with the App or another programme (Permitted Purpose), and provided that the information obtained by you during such activities:
      • 16.4.1.is not disclosed or communicated without prior authorisation by Licensor to any third party who does not need it to achieve the Permitted Purpose; and
      • 16.4.2.is not used to create any software that is similar in expression to the App;
      • 16.4.3.is kept secure; and
      • 16.4.4.is used only for the Permitted Purpose;
  17. Acceptable restrictions on use

    You:

    • 17.1.will not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner that is inconsistent with these terms, or act fraudulently or maliciously, for example by hacking or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
    • 17.2.you will not infringe our or any third party's intellectual property rights in connection with your use of the App or any Service, including by submitting any material (to the extent such use is not licensed by these terms);
    • 17.3.you will not transmit any material which is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
    • 17.4.you will not use the App or any Service in any manner that could damage, disable, overburden, affect or compromise our systems or security, or interfere with other users; and
    • 17.5.you will not collect any information or data from any Service or our systems, or attempt to decipher any transmissions to or from the servers running any Services.
  18. Intellectual Property Rights
    • 18.1.All intellectual property rights in the App, Documentation and Services worldwide belong to Oriflame and the rights in the App and Services are licensed (not sold) to you. You do not own any intellectual property rights in or to the App, Documentation or Services, you only have the right to use them in accordance with these terms.
  19. Our liability for loss or damage suffered by you
    • 19.1If we fail to comply with these terms, we are liable for loss or damage suffered by you which is a foreseeable result of our breach of these terms or our failure to exercise reasonable care and skill, but we are not liable for any loss or damage which is not foreseeable. Loss or damage is foreseeable when it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew that it might happen.
    • 19.2We do not exclude or limit our liability to you in any way where this is unlawful. 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 misrepresentation.
    • 19.3We will not be liable for damage you could have avoided by following our advice to install an update provided to you free of charge, or for damage caused by you incorrectly following the installation instructions or not having the minimum support requirements advised by us.
    • 19.4We are not responsible for business losses. If you use the App for any commercial, business or resale purposes, we will have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
    • 19.5Limitations to the App and Services. The App and Services are provided solely for general information and entertainment purposes. They do not offer advice on which you should rely. You should obtain professional or expert advice before acting, or refraining from acting, on the basis of information in the App or Service. Whilst we endeavour to update the information provided by the App and Services, we make no representations or warranties, express or implied, that such information is accurate, complete or up-to-date.
    • 19.6Please back up the 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.
    • 19.7Check that the App and Services are suitable for you. The App and Services have not been developed to meet your individual requirements. Please check that the features and functionalities of the App and the Services (as described in the Appstore and the Documentation) meet your needs.
    • 19.8We are not responsible for events beyond our control. If our provision of the Services or support for the App or Services is delayed due to events beyond our control, we will contact you as soon as possible so that you are aware of the situation and we will do what is necessary to minimise the effect of the delay. In making this contact, we will not be liable for delays caused by the event, however if there is a risk of a substantial delay, you may contact us to terminate your contract with us and receive a refund for any Services you have paid for and not received.
  20. We may terminate your rights to use the App and Services if you fail to comply with these terms
    • 20.1We may terminate your rights to use the App and Services at any time by contacting you in the event of your serious breach of these terms. If your breach can be remedied, we will give you the opportunity to do so.
    • 20.2If we terminate your use of the App and Services:
      • 20.2.1.You must stop any 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 any copies of the App that you have and confirm to us that you do so.
      • 20.2.3We may remotely access your devices and remove the App and stop giving you access to the Services.
  21. We may transfer this agreement to another organisation

    We may transfer our rights and obligations under these terms to another organisation. We will always notify you in writing if this happens and ensure that the transfer does not affect your rights under this agreement.

  22. You need our authorisation to transfer your rights to another person

    You may only transfer your rights or obligations under these terms to another person if we authorise you to do so in writing.

  23. No rights for third parties
  24. This agreement does not give rise to rights for third parties to enforce any term of this agreement.
  25. If the court finds any part of this agreement to be unlawful, the remaining parts will remain in force

    Each paragraph of these terms operates separately. If any court or relevant authority decides that any of these paragraphs is unlawful, the remaining paragraphs will remain in full force and effect.

  26. Even if there is a delay in executing this contract, we may execute it later

    Even if there is a delay in performing this contract, we may perform it later. If we do not immediately insist that you do something required under these terms, or if we delay in taking action against you in respect of your breach of this contract, this does not mean that you do not have to do it and it will not prevent us from taking action against you later.

  27. Applicable law

    These terms are governed by Portuguese law.

  28. Alternative dispute resolution

Alternative dispute resolution is a process in which an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are unhappy with the way we have dealt with a complaint, you may wish to contact an alternative dispute resolution provider. We will be happy to agree an alternative dispute resolution provider with you or alternatively, you can find a provider via the European Commission's 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 also take legal action. In addition, please note that disputes can be submitted for online resolution on the European Commission's Online Dispute Resolution platform.