ORIFLAME PRIVACY NOTICE – BRAND PARTNERS

Publication Date: 31.03.2022

 

 

What does this policy cover?

This policy describes the Company's, and your Sponsors' processing of your personal data.

References in this policy to the Company, we or us shall mean Oriflame Cosmetics Nigeria Ltd, registered address: Rights House 43, Adeniyi Jones Avenue, Ikeja, Lagos - Nigeria.  

References in this policy to your Sponsor shall mean the Sponsor identified in the confirmation email we send you during the Brand Partner sign-up process (i.e. the Sponsor who sponsored you to become a Brand Partner), and your Sponsors shall mean your Sponsor along with your Sponsor's up-line Sponsors within the Brand Partner Network who will have access to your personal data in accordance with this policy. The details of your Sponsors can be found here [ng.oriflame.com].

For the purposes of applicable data protection law (including Nigeria Data Protection Regulation 2019 (the "NDPR") and the European Union General Data Protection Regulation 2016/ 679 (the "GDPR")), each of the Company and your Sponsors are independent data controllers of your personal data. 

 

What personal data is collected?

The following categories of personal data will be collected about you in connection with this policy:

1.     Personal data collected from you: Depending on how you interact with Oriflame, the Company and/ or your Sponsor collect the following data from you when you complete a form on the website, complete the Brand Partner sign-up process, purchase Oriflame products, apply for deferred payment for your purchases, participate in discussion boards or other social media functions on the website, enter a competition, promotion or survey on the website, use other services offered by Oriflame via website and Oriflame applications or otherwise communicate with the Company (for example, when you contact Customer Services):

 

 

 

 

 

Personal Data

Is the provision of personal data a statutory or contractual requirement, or a requirement necessary to enter into a contract?

Possible consequences of failure to provide such data

Name*;

Contractual requirement

If you don’t provide this data, you won’t be able to register as a Brand Partner and purchase Oriflame products

date of birth;

Contractual requirement

If you don’t provide this data, you won’t be able to register as a Brand Partner.

postal address*;

Statutory requirement

Contractual requirement

We must report your income to the tax authority, without this data we are not able to satisfy this obligation.

If you don’t provide this data, you won’t be able to register as a Brand Partner.

product delivery address*;

Contractual requirement

If you do not provide it we will not be able to deliver your order.

email address;

Legitimate interest

If you don’t provide it we will not be able activate your online account or to contact you including sending marketing communication.

phone number and mobile phone number;

Legitimate interest

If you don’t provide it we will not be able to activate your online account or to contact you including sending marketing communication.

your password*;

Contractual requirement

Without the password you cannot create your account in our online system as the data must be secured.

personal identification number;

Contractual requirement

Without this number we will not be able to register you as a Brand Partner, nor to identify you and your activity as a Brand Partner.

your Sponsor's name and Sponsor’s Brand Partnernumber;

 

 

national tax code or number*;

Statutory requirement for Brand Partners receiving any payments

We must report your income to the tax authority and without this data we are not able to satisfy this obligation.

social insurance/security number;

Statutory requirement for Brand Partners receiving any payments

We must report your income to the tax authority and without this data we are not able to satisfy this obligation.

bank account details*;

Contractual requirement for Brand Partners receiving any payments

We distribute the payments to our Brand Partners solely via bank transfers. Without the bank account we will not be able to pay any amounts to you.

passport number (for the Brand Partners taking part in internationalconferences)*.

Contractual requirement for Brand Partners participating in conferences

The international conferences require cross boarder travel and without your travel document details we are not able to arrange it.

Images, pictures, video recordings

Consent and/ or contractual requirement for Brand Partners participating in conferences, online conferences, any other digital events or using video enhancing tools offered by Oriflame

Usage of various enhancing tools, products or services may require this data. Without providing it to us, you will not be able to actively use them.

Content of chats

Consent and legitimate interest

Usage of various enhancing tools, products or services may require this data. Without providing it to us, you will not be able to actively use them.

The fields above which are marked with a (*) are mandatory fields – if you do not provide such personal data, the Company and / or your Sponsors will not be able to fulfil the applicable purposes which are described below in this policy. 

2.     Personal data collected about you:

·       The Company processes 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.

·       The Company processes the following personal data about you relating to your completion of the Brand Partner sign-up process:

o   unique Brand Partner ID;

o   membership start date; and

o   membership anniversary date.

·       Further, with regards to each of your visits to the website and any Oriflame app, or any third-party software/ app used by Oriflame on a SaaS basis the Company will automatically collect the following personal data:

o   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;   

o   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

o   information obtained via the cookies that the Company or a third-party service provider places on the website – see below for more information.

·       The Company processes opinions or statements you make on discussion boards or in communications with us and any other information you provide to us in the course of using our website or corresponding with us or our representatives or posts and messages on social media.

·       The Company processes personal data necessary to analyse the effectiveness of the communication with you, for example number of opened emails, click-through rates, websites visited through emailed links or products purchased.

 

How is your personal data used, and what is the legal basis for this use?

The Company and your Sponsors each process the above personal data as independent data controllers. Each independently processes your personal data for the following purposes:

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, enabling you to participate in live video events and chatting during the live video sessions.

·       Legitimate Interests: As required by it to pursue its own legitimate interests, in particular:

o   to ensure sufficient information about Oriflame business opportunity and instruction on the available online tools and programs which can support you in setting up and developing your business;

o   to ensure the effective management of the Brand Partner Network (including, enabling you to connect with other Brand Partners within the Network);

o   to communicate with you (including providing you with information to help you improve your business (such as but not limited to providing you with training materials and sessions, reminding you about important events, status of or achieved targets and performance of your network );

o   to invite you to and participate in Oriflame social media groups to help you integrate with and be a part of Oriflame community, share experience and get latest information on Oriflame products and business opportunities;

o   to analyse your Brand Partner recruitment and sales performance (including the compiling of internal reports);

o   to invite you to take part in market research or studies, and attend conferences, meetings and other events related to business opportunities and products;

o   to help it monitor, improve, administer and protect its products, content, services and website, both online and offline;

o   to personalise its website, applications or its products and services for you, and to enable you to participate in interactive features of its website;

o   to monitor and ensure compliance by you with its policies and rules;

o   to investigate and handle any complaints received from you about its products and services, its website or applications;

o   to send you marketing communication via post;

o   to monitor any Brand Partner account to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law; and

o   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 the Company's 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: To use various enhancing tools, products or services offered by the Company we may ask you for a specific consent.  

2.     Your Sponsors' Processing

·       Legitimate Interests: As required by them to each pursue their legitimate interests, in particular:

o   to ensure the effective management of the Brand Partner Network (including, enabling you to connect with other Brand Partners within the Network);

o   to respond to any comments or complaints you may send them;

o   to communicate with you (including providing you with information to help you improve your business, and inviting you to Brand Partner meetings);

o   to analyse your Brand Partner recruitment and sales performance (including the compiling of internal reports); and

o   to invite you to attend training sessions and Brand Partner Network meetings.

·       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).

3.     Automated decision-making and profiling

We do not use fully automated decision-making in order to execute our contractual relationship with you;

We do, however, process your data on a partially automated basis with the aim of evaluating certain characteristics of yours (profiling). We use profiling to provide you with tailored information and advise you regarding our products. This enables us to target appropriate communications and advertisements at you like recommending products and services that we think might be suitable for you.

 

Who will your personal data be shared with, and where?

1.              The Company will share your personal data with other Oriflame group companies for group level analytics.

2.              The Company and your Sponsors may each share your personal data with:

·       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;

·       third party service providers and group companies, who will process it on behalf of the Company or your Sponsors for the purposes above.  Such third parties include, but are not limited to, couriers for delivery of your orders, customer service operations, and marketing providers,  etc.;

·       amongst the Sponsors themselves (remember that this means only your Sponsor along with your Sponsor's up-line Sponsors within the Brand Partner Network);

3. In the event that the business is sold or integrated with another business, your personal data will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.

Where will your data be sent?

 

The Company and your Sponsors intend to transfer (including store) your personal data to countries outside of the Federal Republic of Nigeria which may not provide the same level of protection as Nigeria. In particular: to the European Union countries (Poland, Czech, Sweden, Germany), Switzerland, Turkey, India and the United States of America.

If you would have any questions concerning international transfers of data, please contact the Company’s data protection officer at privacy@oriflame.com.

 

What cookies will be used on the website?

The website uses cookies (small files placed on website users’ hard drive) to distinguish you from other users of the website. This helps us to provide you with a high quality experience when you browse the website and also allows us to improve the website. We use cookies to analyze the flow of information; customize the services, content and advertising; measure promotional effectiveness; and promote trust and safety. For detailed information please read Oriflame Cookie Policy [ng.oriflame.com].

 

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/.

If you don’t want the Google Analytics to be used in your browser, you can install the Google Analytics browser add-on. You can find more about the Google Analytics and Google privacy policy https://www.google.com/policies/privacy

 

Your rights

 

You are entitled to ask the Company and your Sponsors:

·       For a copy of your personal data (in a commonly used electronic form, if you make such a request electronically);

·       To correct your personal data (if it is inaccurate, incomplete or not up-to-date);

·       To 'port' your personal data (i.e. to transfer in a structured, commonly used and machine-readable format, to you or another data controller);

·       To erase your personal data; or

·       To restrict its processing (i.e. processing will temporarily stop (save to the extent that personal data will continue to be stored)).

You also have rights to object to some processing that is based on our legitimate interests, and to processing for direct marketing purposes. Further, where the Company and/ or your Sponsors has asked for your consent to process your data, you are entitled to withdraw this consent.

These rights are limited in some situations – for example, where the Company and/ or your Sponsors can demonstrate that it has a legal requirement to process your personal data. In some instances, this may mean that they are able to retain data even if you withdraw your consent.

Where the Company and/ or your Sponsors requires your personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then the Company and/ or your Sponsors will not be able to manage its contractual relationship with you, or to meet obligations placed on them. Above, we have described which data fields you are obliged to provide, and the consequences of not providing them.

The Company and your Sponsors hope that they can satisfy any queries you may have about the way they process your personal data. If you have any concerns about how they process your personal data, you can get in touch at:

·       The Company: Company's data protection officer can be contacted at privacy@oriflame.com. You may also contact us at the following address: Rights House 43, Adeniyi Jones Avenue, Ikeja, Lagos - Nigeria;  and/ or

·       Your Sponsor: Using the contact details provided in the confirmation email we sent you during the Brand Partner sign-up process, or those provided in each communication you receive from your Sponsor.

If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the supervisory authority in the country of your habitual residence, place of work or of an alleged infringement of the data protection law.

 

How long will we hold your data?

The Company and your Sponsors will each keep your personal data for the length of the contractual relationship you have with the Company 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.

Laws may require the Company and your Sponsors to each hold certain personal data for specific periods. In other cases, the Company 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. 

More information about the Company and your Sponsors' retention practice is available here [ng.oriflame.com]

 

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.