PLEASE READ THESE LICENCE TERMS 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, grant you a licence to use:

  • The Oriflame App mobile application software (version 3.4.0 or higher) and any updates or supplements thereto.
  • The related electronic documentation.
  • The service you connect to through the App and the content we provide to you through it.

    as authorised in these terms.

    1. YOUR PRIVACY :

      The following categories of personal data about you will be collected under this policy:

      • 1.1 Personal data collected about you:

        This is information you give us about yourself by filling in forms on the App or on any App Sites, on any complementary Service Sites or mobile-optimised site (together, Our Sites), or through correspondence with us (for example via email or chat). This includes information provided by you when registering to use the App, 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 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 a purchase on the App, share data via the social media features of an App, 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;

      • 1.3 With respect to your visits to the Site and/or any Oriflame App, we may automatically collect the following information:
        • 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 settings, browser plug-in types and versions, operating system and platform;
        • 1.3.2. information about your visit to our site, including the full URL (Uniform Resource Locators) to, through and from our site (including date and time); products viewed or searched for; page response times, download errors, length 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; and
        • 1.3.3. information obtained through cookies we place on the site - find out more below.
      • 1.4 How is your personal data used and what is the legal basis for this use?

        We and your Recruiters process the aforementioned personal data as independent data controllers. Each independently controls 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 us. This includes verifying your identity, making payments, communicating with you, providing customer services and delivering or otherwise providing products, rewards or services.
          • Legitimate interests: As required in order to defend your legitimate interests, in particular:
            • to ensure the effective management of the Beauty Advisors Network (including, enabling you to contact other Beauty Advisors in the Network);
            • to communicate with you (including providing you with information to help you improve your business (such as providing you with materials and training sessions);
            • to analyse performance with regard to Beauty Advisor recruitment and sales (including compiling internal reports);
            • to invite you to participate in market research and attend conferences (business news);
            • to help monitor, improve, administer and protect your products, content, services and website, both online and offline;
            • to personalise your site or its products and services for you, and allow you to participate in interactive features of your site;
            • to monitor and ensure your compliance with its policies and rules;
            • to investigate and deal with any complaints from you regarding its products, services, or website;
            • to monitor any Beauty Advisor account in order to prevent, investigate and/or report fraud, terrorism, misrepresentations, security incidents or crime, in accordance with applicable law; and
            • to measure and understand the effectiveness of advertising reaching you and others, and to provide you with advertising relevant to you (which includes consumer satisfaction analysis among other similar analyses).
          • 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, and other matters.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, compliance, regulatory, tax, investigative purposes (including disclosure of such information in connection with legal proceedings or litigation).
          • Authorisation: Subject to the terms below, we will send you direct marketing relating to our products and services similar to those previously purchased, or other products and services provided by us, carefully selected associates and partners. These communications will only be sent to you if you have given us permission to do so during the Beauty Advisor registration process or via your online account on the website (You will only receive these communications if you have given us permission to do so, either when registering as a Beauty Advisor or via your online account on the site ('Personal Area'), or (where authorised) when you have been given the option not to receive these communications. You can opt out of receiving these direct marketing communications by: (i) by following the instructions in the communication itself; (ii) by changing your marketing preferences through your online account on the website ('Personal Area'); or (iii) by contacting our Customer Service athttps://pt.oriflame.com/customer-service.
  1. Your name
  2. Mobile phone number
  3. E-mail address
  4. Address
  5. Date of birth
  6. Your age
  7. Your gender
  8. Your photo
  9. Your Adviser Number

    • 1.2 Personal data collected about you:
      • 1.2.1 We process personal data relating to your order history, Success Plan level, performance and recruitment and share some/all of this data with your Recruiters for the purposes of managing their networks.
      • 1.2.2 We process the following personal data about you in connection with the completion of the Beauty Advisor enrolment process:
        • 1.2.2.1.Advisor number;
        • 1.2.2.2.date of enrolment; and
        • 1.2.2.3.date of anniversary as an Advisor.
  • 1.5Processing by your Recruiters
    • 1.5.1. legitimate interests: As required by them in order to each defend their legitimate interests, namely:
      • to ensure effective management of the Beauty Advisors Network (including allowing you to contact other Beauty Advisors in 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 Advisors meetings);
      • to analyse your Beauty Advisor's recruitment and sales performance (including compiling internal reports); and
      • to invite you to attend training sessions and Beauty Advisors Network meetings.
    • 1.5.2. Legal Compliance: To ensure compliance with applicable laws and the protection of our legitimate business interests as well as legal rights, including, but not limited to, use in connection with legal claims, compliance, and other legal actions.To ensure compliance with applicable laws and to protect our legitimate business interests and legal rights, including, but not limited to, use in connection with legal, compliance, regulatory, tax, investigative purposes (including disclosure of such information in connection with legal proceedings or litigation).
    • 1.5.3 Authorisation: Subject to the terms below, your Recruiters may send you direct marketing relating to our products and services similar to those previously purchased, or other products and services provided by us, carefully selected associates and partners. These communications will only be sent to you if you have given us permission to do so during the Beauty Advisor registration process or via your online account on the website (You will only receive these communications if you have given us permission to do so, either when registering as a Beauty Advisor or via your online account on the site ('Personal Area'), or (where authorised) when you have been given the option not to receive these communications. You can opt out of receiving these direct marketing communications by: (i) by following the instructions in the communication itself; (ii) by changing your marketing preferences through your online account on the website ('Personal Area'); or (iii) by contacting our Customer Service athttps://pt.oriflame.com/customer-service or by contacting your Recruiter directly.
  • 1.6With whom and where will your personal data be shared?
    • 1.6.1 If you are an Oriflame Beauty Adviser, we will share your personal data with your Recruiter and the Heads of your network (superiors), as mentioned when you registered as an Oriflame Beauty Adviser. You can check which managers (superiors) in your network process your data by logging into your Personal Area on the Oriflame website.
    • 1.6.2 We will share your personal data with Oriflame Kosmetik Vertriebs GmbH, Konigstrasse 10c, 70173 Stuttgart, Germany for the purpose of group-wide analyses.
    • 1.6.3 We and your Recruiters may share your personal data with:
      • 1.6.3.1.Government authorities and/or law enforcement officials if required for the above purposes, if required by law or requested for the purpose of lawfully protecting their legitimate interests in accordance with applicable law;
      • 1.6.3.2.Third party companies and service providers, who will process the data on behalf of Oriflame or its Recruiters for the purposes mentioned above. Such third parties include, but are not limited to, carriers for delivery of your orders (located in the EEA), customer service operations (located in the EEA), and marketing service providers (located in the EEA), etc;
      • 1.6.3.3.Between your Recruiters (remember that this means not only your Recruiter but also the Recruiters above your Recruiter within the Beauty Advisor Network); and
      • 1.6.3.4.VIP Clients who have not been nominated by you but who Oriflame has allocated to you when you register as a VIP Client so that the VIP Client can contact you to find out more about Oriflame's products and services.
  • 1.7What cookies will be used on the sites ?
    • 1.7.1. The sites use cookies (small files stored on the site user's hard drive) to distinguish you from other users of our site. These cookies help us to provide you with a good browsing experience on our website and also allow us to improve our site. We use cookies to analyse the flow of information, personalise services, content and advertising, measure promotional effectiveness, and promote trust and security .

    • 1.7.2 We offer some services that are only available through the use of cookies. Generally, cookies fulfil up to four different functions:

    • 1.7.3 Essential cookies

      Some cookies are essential for the website to function. For example, some cookies allow us to identify registered users and ensure that they can access the entire site. If a registered user chooses to deactivate cookies, the user may not be able to access all the content on the site.

    • 1.7.4 Performance cookies

      Other cookies may be used to analyse how users use the site and monitor the site's performance. This allows us to provide a high quality experience, personalise the offer and quickly identify and correct any problems that arise. For example, performance cookies can 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 user preferences and personalise the site/App to provide more advanced features.

    • 1.7.6 Targeted advertising cookies

      We may use cookies to serve users with Oriflame adverts that are relevant to them and their interests. Please note that we do not allow third parties to advertise their own products and services on our site/app.

    • 1.7.7 Google Analytics

      We use Google Analytics to understand how visitors behave on our websites and apps. This means that when you visit our website or use one of our mobile apps, your browser automatically sends certain information to Google. This includes, for example, the online address of the page you are visiting and your IP address. You can find details of how Google technology gathers and processes data by following this link https://www.google.com/policies/privacy/partners/.

      f you do not want Google Analytics to be used in your browser, you can install the Google Analytics browser add-on. You can find out more about Google Analytics and Google's privacy policy at https://www.google.com/analytics/terms/us.html.

      Users are always free to refuse cookies if their browser allows it, although doing so may interfere with their use of the site. Please read detailed information on how to disable cookies here(http://www.allaboutcookies.org/manage-cookies/).

      More details on how companies use cookies are available here(http://www.allaboutcookies.org/).

  • 1.8Changes to these policies

    Any changes we may make to these policies in the future will be posted on the website and, where appropriate, notified via email or otherwise. Changes will also be available on our premises

  • 1.9Where can I get more information about the use of my personal data?
  • 1.10.How long will you keep my data ?
    • 1.10.1.The Company and its Recruiters will keep your personal data for the duration of the contractual relationship with the Company and, to the extent permitted by law, after the end of that relationship, and for as long as necessary to fulfil the purposes set out in these policies.
    • 1.10.2Legislation may require the Company and the Recruiters to keep your personal data for a specific period of time. In other cases, the Company and its Recruiters will keep the data for an appropriate period of time after the end of the relationship between both parties, in order to protect themselves from legal proceedings, or to manage their business.
    • 1.10.3Further information on the Company's and Recruiters' retention practices is available here https://pt.oriflame.com/customer-service

  • 1.11.Where will you send my data?

    The Company and its Recruiters will transfer (and store) your personal data in countries;

    • 1.11.1.outside 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 EEA countries.
    • 1.11.2In particular, in India, the United States of America and Switzerland.
    • 1.11.3.Where applicable, and where the transfer is made to an affiliated company or supplier in a country that is not subject to an adequacy decision by the EU Commission, personal data is adequately protected by EU Commission-approved standard contractual clauses (which have been implemented pursuant to Article 46 (2) of the GDPR). If you require clarification of the common contractual clauses and/or would like a copy of them, please contact the Company's data protection officer by email at privacy@oriflame.com.
  • 15.5.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.
  1. Apple Itunes Store terms may also apply

    If you download the App to an Apple device (i.e. an iPhone or iPad), the ways in which you may use the App and Documentation may also be controlled by the rules and policies of the 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.

  2. The google play store terms may also apply

    If you download the App to an Android device, 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), and the rules and policies of the Google Play Store will apply instead of these terms, where there are differences between the two.

  3. Operating system requirements

    This App requires an Android or iOS smartphone device with around 100MB of memory and an Android +5.0 / IOS +9.0 operating system.

    Support for the App and how to report problems

    • 4.1.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.
    • 4.2Contact us (including complaints). If you think that the App or the Services have errors or have been described incorrectly, or if you wish to contact us for any other reason, please send an email to our Customer Service at marcus.fogel@oriflame.com.
    • 4.3How 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.
  4. How you can use the App, including how many devices you can use it with
    • 5.1.by agreeing to these terms, you can:
    • 5.2.download the App on your mobile device and view, use and display the App and the Service on those devices for personal purposes only.
    • 5.3.use any Documentation to support your permitted use of the App and Service.
    • 5.4.receive and use any free supplemental software code or update to the App incorporating fixes that we may make/make available to you.
  5. You must be 18 years or older to accept these terms and purchase the App

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

  6. You may not transfer the App to another person
  7. 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.
  8. Changes to these terms
    • 9.1We may need to change these terms to reflect changes in the law, best practice or to accommodate additional features we may introduce.
    • 9.2We 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.
    • 9.3If you do not accept the notified changes, you may not continue to use the App and the Service.
  9. Update the App and changes to the Service
    • 10.1From 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.
    • 10.2If 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.
    • 10.3The 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.
  10. 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.

  11. 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.

  12. We may collect location data (however you can switch off location services)
    • 13.1.1Certain Services may require location data to be sent via your device. You can switch this feature off whenever you wish by switching off location services from 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.13.1.1. 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
    • 13.1.2You can prevent us from obtaining this data at any time by simply turning off location services in your mobile device settings.
  13. We are not responsible for any websites you access
    • 14.1The 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).
    • 14.2You must decide for yourself whether to use these independent websites, including whether to purchase any products or services provided by them.
  14. Licence restrictions

    You agree that:

    • 15.1.except in the course of authorised sharing, you will not rent, lease, sublicense, lend, provide or make available the App or Services of any kind, in whole or in part, to any person without Oriflame's prior written permission;
    • 15.2. will not copy the App, Documentation or Services, except those arising from normal use of the App or where necessary for back-up or operational security purposes;
    • 15.3.not translate, combine, adapt, vary, alter or modify all or any part of the App, Documentation or Services, or allow the App or Services or any part thereof to be combined with, or to be 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;
    • 15.4.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:
      • 15.4.1.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
      • 15.4.2.is not used to create any software that is similar in expression to the App;
      • 15.4.3.is kept secure; and
      • 15.4.4.is used only for the Permitted Purpose;
  15. Acceptable restrictions on use

    You:

    • 16.1.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;
    • 16.2.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);
    • 16.3.you will not transmit any material which is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
    • 16.4.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
    • 16.5.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.
  16. Intellectual Property Rights
    • 17.1.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.
  17. Our liability for loss or damage suffered by you
    • 18.1If 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.
    • 18.2We 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.
    • 18.3We 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.
    • 18.4We 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.
    • 18.5Limitations 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.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.
    • 18.6Check that the App and Services are suitable for you. The App and the 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.
    • 18.7We 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.
  18. We may terminate your rights to use the App and Services if you fail to comply with these terms
    • 19.1We 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.
    • 19.2If we terminate your use of the App and Services:
      • 19.2.1.You must stop any 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 any copies of the App you have and confirm to us that you have done so.
      • 19.2.3We may remotely access your devices and remove the App and stop giving you access to the Services.
  19. 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.

  20. 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.

  21. No rights for third parties
  22. This agreement does not give rise to rights for third parties to enforce any term of this agreement.
  23. If the court finds any part of this agreement 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.

  24. 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.

  25. What laws apply to this contract and where you can take legalaction

    These terms are governed by Swiss law and you may bring legal proceedings in respect of the products before the Swiss courts in the Canton of Zurich.

  26. Alternative dispute resolution

  27. 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 not satisfied 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.