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These ACN Europe Website Terms of Use (“Terms of Use”) are issued by ACN Europe B.V. for itself and its European subsidiaries and affiliates (collectively “ACN”). These Terms of Use apply to this site and all websites that ACN owns or is licensed to use (each a “Website”).

Please read these Terms of Use before using this Website. By using the Website, you accept these Terms of Use, regardless of whether you purchase any service or product from ACN.

1. Introduction

These Terms of Use apply only to your use of this Website. If you purchase products or services from ACN, additional terms and conditions apply. The ACN Europe Privacy Policy describes how ACN collects and processes personal and non-personal information when you use this Website and should be read together with these Terms of Use. You can access the public areas of this Website without providing personal information. Password-protected areas of this Website require you to provide certain personal information to ACN.
ACN may revise these Terms of Use at any time. You should check these Terms of Use regularly to review the current version.

2. License and Conditions

ACN grants you a limited, royalty-free, non-exclusive license to access and make use of the Website. As a condition of such license, you acknowledge and agree that:

• all logos, trademarks, copyrighted material, and other intellectual property (“Intellectual Property”) on the Website are owned by ACN or its licensors or by ACN business partners. The limited license granted by these Terms of Use does not convey ownership or other rights in the Intellectual Property;
• you will not download, reproduce, modify, copy, resell, or use for any commercial or non-commercial purpose any (i) Intellectual Property; (ii) product listings, descriptions, or price lists; or (iii) any other content on the Website; provided that ACN Independent Business Owners have a limited non-exclusive right to use certain Intellectual Property as set forth in their Independent Business Owner Agreements;
• you will not reproduce or store any part of this Website or its content in another website;
• you will use this Website in compliance with your Independent Business Owner Agreement and ACN’s Policies and Procedures for Independent Business Owners; an you will not alter this Website or any of its content.

Any rights not expressly granted in these Terms of Use are reserved to ACN.

3. Visitor Material and Conduct

Other than personal data covered by the ACN Europe Privacy Policy, any information that you transmit or post to this Website is considered non-confidential. ACN shall have no obligations with respect to such information and is free to use it for any purpose.

You may not post on or transmit to or from this Website any material:

• that is threatening or abusive, defamatory or scandalous, obscene or pornographic, seditious, liable to incite hatred, discriminatory, blasphemous, in breach of confidence or privacy, or otherwise inappropriate;
• that you do not have the legal right to use;
• that constitutes or encourages conduct that would constitute a criminal or civil offense or give rise to criminal or civil liability; or
• that could harm the Website or ACN’s systems (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

4. Links to and From Other Websites

This Website contains links to websites operated by third parties. The links are provided for convenience only. If you use the links, you will leave this Website. ACN does not review third-party websites and is not responsible for them. Third party websites are not covered by these Terms of Use or the ACN Europe Privacy Policy. If you access such third-party websites, you do so at your own risk.

You may link to this Website subject to the following conditions:

• you do not replicate any page of this Website;
• you do not use, alter, or remove any Intellectual Property;
• you do not state or imply that ACN endorses any products or services other than its own;
• you do not misrepresent your relationship with ACN or present incorrect information about ACN;
• you link only from websites that you are authorized to use;
• your website does not contain content that is distasteful, offensive, or controversial, infringes the rights of any person, or fails to comply with applicable law; and
• if you are an ACN Independent Business Owner, you adhere to the requirements of your Independent Business Owner Agreement and the Policies and Procedures.

5. Breach

ACN may suspend or terminate your access to this Website and to take other action against you if you breach these Terms of Use. You agree to indemnify ACN for any loss or damage suffered by ACN or its licensors or ACN business partners as a result of your breach of these Terms of Use.
ACN cooperates with governmental authorities that direct or request ACN to disclose the identity of anyone who uses the Website in a manner that violates the law.

6. Disclaimer of Warranties and Limitation of Liability

ACN seeks to make this Website available 24 hours a day and to ensure that the information on the website is accurate and updated; however, ACN has no liability if this Website is unavailable at any time or if the information on this Website is incorrect, incomplete, or outdated. Access to this Website may be suspended without notice. ACN may make changes to the content of this Website at any time. The content of this Website may be out of date and ACN makes no commitment to update it.

The material on this Website is provided “as is”. ACN EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED. ACN and the members of the ACN group of companies, and their respective officers, directors, employees, shareholders, and agents, exclude all liability for any direct or indirect loss or damage that may result to you or a third party from your use of or inability to use this Website or its content and any websites linked to this Website.

7. Applicable Law

This notice shall be governed by and construed in accordance with the laws of The Netherlands. Any dispute arising out of or connected with this notice is subject to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands.

Version 3.1
Issue Date: 1 June 2015

ACN Europe Privacy Policy

ACN takes the privacy of our Independent Business Owners (“IBOs”) and customers seriously. We are committed to safeguarding your privacy while providing You with high-quality services and products.

Objective and Scope of This Privacy Policy

This ACN Europe Privacy Policy (“Privacy Policy”) is issued by ACN Europe B.V., a company located in the Netherlands, for itself and its European affiliates (collectively “ACN”, “ACN Group”. “We”, or “Us”) to explain the data processing practices of ACN. ACN processes personal data in accordance with the requirements of the European Union’s General Data Protection Regulation (“GDPR”) and the data protection laws and other applicable laws and regulations of the countries in which We provide products and services. This Privacy Policy applies to personal data as defined by the GDPR and national data protection laws and to other personally identifiable information that You provide to ACN (“Personal Data”). If You are a business, information about your business generally is not Personal Data. This Privacy Policy describes how We collect and process information provided by You, your right to determine how We collect and process your Personal Data, and your right to access, correct, and delete your Personal Data. Additional details about our use of your information with respect to specific ACN services and products is found in the relevant terms and conditions, and other documents provided to you in the context on your relationship with Us, which should all be read together with this Privacy Policy.

Your Consent to Collect and Use Personal Data

We collect and use your Personal Data only with your consent. You may withhold or withdraw your consent for ACN to process your Personal Data. Certain Personal Data is required for Us to provide services or products to You or to meet our legal obligations, and your withholding or withdrawal of consent to use that Personal Data may prevent ACN from providing the services and products that You have requested. Other Personal Data is not required for Us to provide services or products to You but is used by Us to provide You with better service or for marketing, communications, and other legitimate purposes as explained in this Privacy Policy.

What Information Do We Collect?

The Personal Data and other information that we collect varies depending on your relationship with ACN. Among the Personal Data and other information that We may collect is the following:

Name;
Company details;
Residential and business address;
Date of birth;
National identification number;
Telephone number;
IP and MAC addresses and browser information;
Email address;
Banking details, credit or debit card information, or other information needed to process payments to or from You;
Demographic information such as your profession, hobbies, education, gender, ethnicity, and income;
Location information;
Recordings of telephone calls;
Emails and written communications; and
Other identifying information.

How Do We Collect Information?

We collect Personal Data and other information from You in a variety of ways, including:

the submission of Personal Data by You to ACN through our websites;
the submission of a paper or online order for ACN services or products;
the submission of an Independent Business Owner Application and Agreement;
through the use of our IBO or customer websites, services and products;
when We and You communicate by email, telephone, fax, chat line, or otherwise;
provision of your Personal Data to ACN by ACN’s business partners; and
the use of Cookies.

ACN will not contact You by telephone or email to request information such as credit card numbers, account numbers, passwords and pin codes. We recommend that you do not open or respond to e-mails requesting this type of information and that you contact ACN if You receive such a request.

Use of Cookies

Cookies are small text files that are sent to your computer so that our websites can remember the settings and information that you submit, so that You don’t have to re-enter them when You visit the website again or visit a new page on the same website. We also use Cookies to measure how You use our websites so that We can make sure that they meet your needs. The first time You visit one of our websites, You will receive notice about our use of Cookies. You can control whether or not your computer accepts Cookies, by adjusting your browser’s settings (for example, under the “Internet Options”, “Settings” or “Preferences” feature of your browser). Please, note, however, that refusing to accept Cookies may affect your experience using our websites. For more information about how to manage or delete Cookies, please go to the website www.allaboutcookies.org.

How Do We Use Your Personal Data?

ACN collects and processes Personal Data for a variety of legitimate purposes, including:

to verify, process, and administer your orders for ACN services and products;
to ensure a secure ordering process, to assess your creditworthiness and to conduct credit checks in connection with your purchase or usage of ACN services and products;
to take payment from You for ACN services and products;
o maintain our commercial relationship with You, including provision of billing and customer services;
to analyze, understand, and respond to your service needs, this includes scientific and market research and opinion polls;
to improve the products and services that We offer to You and to develop new products and services;
to meet our legal and regulatory obligations and to protect ACN’s legal and financial interests (including fraud detection and prevention) and to conduct IBO compliance investigations;
to comply with ACN’s reporting obligations to government agencies;
for the provision of services to our Independent Business Owners and compliance with our contractual obligations to Independent Business Owners;
to pay commissions and bonuses to IBOs;
to prepare internal reporting on customer and IBO matters and general business needs;
to provide to an IBO’s sponsor and upline IBOs;
to facilitate financial, accounting and administrative functions;
to enter your details in a publicly available directory enquiry service and directories operated by us or a licensed third party; and
to identify and inform you about services and products from ACN and ACN business partners that We believe may be of interest to you, including sending commercial and marketing communications.

We may share your Personal Data with other members of the ACN Group or other third parties as described in this Privacy Policy. We may also provide your Personal Data to governmental and law enforcement authorities as part of regulatory, statistical, or analytical reports, as required or allowed by applicable laws and regulations to investigate and help prevent potentially unlawful activity or in response to specific requests from those authorities or as part of statistical and analytical reports.

How Long We Keep Your Personal Data?

ACN keeps your Personal Data as long as it is required for the purposes for which it was initially collected, which may vary depending on the type of Personal Data collected and the purposes for which the data were collected. In the context of the contractual relationship We have with you, We keep your Personal Data as long as needed to provide our services to you and to deal with any questions or complaints you may have about these services. If We use your Personal Data for Our marketing purposes We will keep the data as long as that data is relevant for that purpose and up-to-date. In certain cases We may need to keep your Personal Data for a minimum period to comply with legal requirements. We do not keep your Personal Data longer than permitted by law.

Where We Store Your Personal Data?

Your Personal Data is stored by ACN on secure computer servers located in The Netherlands, and/or Poland. Some Personal Data is transferred to our parent company and affiliates of ACN outside the European Union, including the United States. See Transfer of Personal Data below. All Personal Data is stored according to industry standards. See Security below.

Third-Party Sites

ACN websites may contain links to third-party sites owned or operated by ACN business partners or other persons/companies. If You follow these links, You will leave ACN’s websites. This Privacy Policy does not apply to third-party websites and You should review the privacy disclosures of those websites before using them.

Cardholder Data

ACN may require IBOs and customers to provide credit or debit card information (“Cardholder Data”) in connection with the purchase of some ACN products and services. Cardholder Data may be used for current payments and stored for future or recurring payments. Payments may be made directly to ACN or through third-party vendors. ACN maintains controls consistent with the Payment Card Industry Data Security Standard and other industry standards to protect Cardholder Data; however, these safeguards may not prevent every unauthorized attempt to access, obtain, or use Cardholder Data.

Transfer of Personal Data

(1) Within the ACN Group and Overseas

ACN may transfer your Personal Data for purposes laid out in this Privacy Policy to other members of the ACN Group, some of which may be located outside of the European Union. Transfers to an ACN Group member located in the European Union satisfy the requirements under the General Data Protection Regulation and other applicable law. Currently, ACN transfers personal data overseas to our parent company, LKN Communications, Inc., located in the United States with which ACN has entered into Standard Contractual Clauses, approved by the European Commission, to ensure that the transfer, handling and protection of Personal Data is consistent with this Privacy Policy and other applicable law.

(2) To Other Third Parties

From time to time, ACN may also transfer your Personal Data to third parties for purposes laid out in this Privacy Policy and as permitted applicable law. ACN transfers Personal Data to third parties only where the third party: (a) has provided satisfactory assurances that it will protect Personal Data consistent with this Privacy Policy; (b) has signed an agreement with ACN that addresses the transfer and handling of Personal Data; or (c) is located in the European Union or another country where the transfer is permitted by the General Data Protection Regulation or other applicable law

Security

ACN has implemented technological and organizational measures to safeguard your Personal Data from unauthorized or improper access or use during collection and while it is in our possession. Sensitive information (such as gender, ethnicity, financial information and Cardholder Data) is subject to heightened security measures. You should also take measures to safeguard your Personal Data by maintaining the confidentiality of your username and password, logging out of ACN websites, closing your web browsers when You have concluded your online activities, changing your passwords regularly and not providing your Personal Data to persons that are unfamiliar to You.

ACN and You may communicate by email or chat and these communications may at times contain Personal Information. We do not intercept or disclose the contents of email and chat communications in the absence of a warrant or court order or if not required as part of an ongoing investigation; however, these communications may not be secure. We recommend that you do not send sensitive information (such as gender, ethnicity, financial information and Cardholder Data) by email or chat, and we will not ask you to provide such information in this manner.

Your Right to Access Your Personal Data, and other rights

You have the right to access your Personal Data, to correct your Personal Data if the information that We have is erroneous, and in some cases to delete your Personal Data. You may obtain a copy or correct or request deletion of your Personal Data by contacting our Data Protection Officer at [email protected] or by writing to:

Data Protection Officer
ACN Europe B.V.
Thomas R. Malthusstraat 1-3
1066 JR Amsterdam
The Netherlands

We may impose reasonable restrictions on requests for access to or to correct your Personal Data and We may charge You a reasonable fee as permitted by law for provision of your Personal Data, in case of unfounded or excessive requests, If you request deletion of your data, We may not be able to provide services and products to You. We are permitted to keep certain of your Personal Data in order to meet our legal, financial, audit, and business needs, even if you request its deletion.

In addition to these access and deletion rights you may have the right to object to specific data processing and request for restriction of the processing, as well as a right to data portability. Moreover, subject to this Privacy Policy, you have the right to withdraw consent at any time and the right to lodge a complaint with the competent supervisory authority.

Limitation of Liability

ACN uses reasonable efforts to comply with the terms of this Privacy Policy and applicable law regarding the processing of your Personal Data. Except as provided by applicable law, ACN shall not be responsible for direct or indirect damages that may result from non-compliance with this Privacy Policy.

Changes to Privacy Policy

ACN may change this Privacy Policy at any time without prior notice. All changes are effective immediately after they are posted on ACN’s websites.

Version 6.0
Issue Date: 23 May, 2018

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