Thank you for reading the Espirose Privacy and Cookie Policy. In this Privacy and Cookie Policy we explain how we at Espirose (as summarized in Part 2(A)) are committed to protecting the Personal Information that you share with us, how we collect, use, and share
that Personal Information, and your rights with respect to that Personal Information. Where permissible at law, your continued use of your account and the Sites (defined below) constitutes your agreement to this Privacy and Cookie Policy and any changes in an updated Privacy and Cookie Policy.

 

CONTENTS

Part 1: Overview

A. What do we mean by “Personal Information”?  

B. How can you find what you need in this Privacy and Cookie Policy?

C. To whom does this Privacy and Cookie policy apply?

D. To which sites and apps does this Privacy and Cookie Policy apply?

E. When may this Privacy and Cookie policy change?

 

Part 2: Key information

A. Our identity and contact details

B. Our business purposes and the legal basis for them

C. Our own and others’ legitimate interests

D. Recipients of personal information

E. Transfers of personal information

F. Storage period

 

Part 3: Your Rights

A. General rights

B. Country-specific rights

 

Part 4: Personal Information We Collect

A. Personal information collected directly

B. Personal Information Collected Indirectly – Categories

C. Sensitive Personal Information

 

Part 5: Cookies and Similar Technologies

A. Introduction

B. What Cookie Do We Use?

C. How to See Cookies and Give/Withdraw Consent to Cookies and Similar Technologies

D. Further Information

 

Part 6: Feedback

 

PART 1: OVERVIEW

A. WHAT DO WE MEAN BY “PERSONAL INFORMATION”?

By “Personal Information,” we mean any information relating to you, where we have identified you or could identify you, or that may otherwise be defined as “personal information” by applicable law in your country of membership or residence.

Ways in which we could identify you include by: your name, an ID number linked to you, your location, an online identifier or factors specific to you. For example, these might be physical factors (your body), physiology factors (your thoughts or feelings), genetic, mental, economic, cultural or social factors relating to you.

For example, a record in our system containing your membership number, name, address and whether or not you receive our newsletters, is your Personal Information.

1. HOW CAN YOU FIND WHAT YOU NEED IN THIS PRIVACY AND COOKIE POLICY?

This Privacy and Cookie Policy applies to you if you are one of the categories of individual set out in Part 1(C) and you use any of our Sites as set out in Part 1(D).

Key information about us and our use of our Personal Information is set out in Part 2. Depending on the applicable law in your country of membership or residence, you may have specific various rights in respect to your Personal Information, which are noted below in Part 3. Further details of the categories of Personal Information we collect are and of our use and sharing of Personal Information are in Part 4. A description of our use of cookies and similar technologies is in Part 5. For feedback and queries please see Part 6.

1. TO WHOM DOES THIS PRIVACY AND COOKIE POLICY APPLY?

This Privacy and Cookie Policy applies to you if you are a:

• • Website visitor – someone who browses our Site but does not register or make a purchase
  • Customer – end consumers who purchase Espirose products as individuals for their own personal use and acting for purposes

which are wholly or mainly outside that individual’s trade, business, craft or profession.

• • Associate – someone who meets the requirements to become an “associate” as outlined in the Associate Terms and

Conditions, and who chooses to participate in the Espirose compensation plan.

• • Brand partner – someone who meet the requirements to become a “brand partner” as outlined in the Brand Partner Terms and

Conditions, who shares links to purchase Espirose products.

• • Mobile user – a customer, associate or other individual who downloads and uses one of our mobile apps or browses our Site

using a mobile device.

We use the term “member” to mean anyone who registers/enrols with us: all customers, associates and brand partners will be “members”.

1. TO WHICH SITES AND APPS DOES THIS PRIVACY AND COOKIE POLICY APPLY?

This Privacy and Cookie Policy applies to Personal Information collected on our public-facing websites, mobile sites or associates’ replicated websites, through Espirose mobile applications, or controls/widgets embedded in communication platforms and linked to this Privacy and Cookie Policy (“Sites”).

It does not apply to any other information collected by Espirose through any other means, or to any sites maintained or operated by other companies or linked to our Sites.

1. WHEN MAY THIS PRIVACY AND COOKIE POLICY CHANGE?

We may change this Privacy and Cookie Policy at any time. If we make any material change in how we collect, use, share, or otherwise process Personal Information, we will prominently post an updated Privacy and Cookie Policy on our Sites. Any material changes to this Privacy and Cookie Policy will be effective 10 days after our posting of the updated Privacy and Cookie Policy. Where required to do
so by law, we may seek your prior consent to any material changes we make to this Privacy and Cookie Policy. If you disagree with our Privacy and Cookie Policy changes, you may de-activate your account.

PART 2: KEY INFORMATION

Below are important details about us and our use of your Personal Information and specific rights in respect to your personal information you may have based on applicable law in your country of membership.

A. OUR IDENTITY AND CONTACT DETAILS

Here are our identity and contact details and, where applicable, those of our representative and data protection officer.

1. UNITED STATES (ESPIROSE WORLD HEADQUARTERS)

Espirose Los Angeles, CA USA
Office Phone Number: 833-325-8111

Calls may be recorded for quality purposes

Customer Care Hours
Monday – Friday: 9 a.m. – 6 p.m. Saturday: 9 a.m. – 2:30 p.m. Sunday: Closed

Compliance Enquiries: customer@Espirose.com
Customer Support: customer@Espirose.com
Data Subject Requests (where provided for by law): customer@Espirose.com
It would be very helpful if you would tell us exactly why you are contacting us. For example, to exercise a right by email, please put the name of the right in the subject line of the email. Thank you.

B. OUR BUSINESS PURPOSES AND THE LEGAL BASIS FOR THEM

Where required by applicable data protection law, our processing of your Personal Information will be based on a legal justification. Here are our purposes and the legal basis for our use.

To include photos in reports Consent or legitimate interests, depending on country requirements

 

Our purpose	Legal basis
For direct marketing, such as email news- letters	Consent
For occasional international transfers	Consent

 

To provide personalized recommendations	Consent or legitimate interests, depending on country requirements
To sell our companies or businesses, or part of them	Consent or legitimate interests, depending on country requirements
To administer contracts with members	Contract
To provide events and roadshows to members	Contract
To provide fulfilment, advertising or other services to other merchants or co-branded businesses (since we do not manufacture or produce certain items such as shirts, hats and bags)	Contract
To provide products and services to members	Contract
To verify prospective associates’ and brand partners' identities	Contract
Our purpose	Legal basis
For internal group administration and administration of other relationships	Legitimate interests
To analyze the effectiveness of our business activities	Legitimate interests
To help detect and prevent manipulation, fraud, and violations of our policies, comply with applicable law, obey judicial orders, cooperate with law enforcement authorities, prevent any suspected illegal activities or report criminal or security threats to the proper authorities	Legitimate interests
To maintain our accounts and records and keep our records up to date	Legitimate interests

To operate our sites Legitimate interests

To otherwise conduct and improve our business and co-branded businesses	Legitimate interests
To promote and advertise our products and services	Legitimate interests
To provide contests, promotions, surveys	Legitimate interests
To provide rankings/tabulated statistics and event itinerary forms for associates	Legitimate interests
To respond to questions, complaints, or reviews of our product or services	Legitimate interests
To run diagnostics, for network and infor- mation security and system administration	Legitimate interests
To support and manage our associates and brand partners	Legitimate interests

Occasionally, the legal basis for our use may sometimes be so we can perform a legal obligation (such as respond to a court order), and very rarely, it may be necessary as a matter of life or death (vital interests) or in the public interest (public task).

C. OUR OWN AND OTHERS’ LEGITIMATE INTERESTS

Our legitimate interests, and those of our merchants, co-branded businesses, associates, brand partners and suppliers, are to conduct business in accordance with legal commercial practice.

Please see the purposes Part 2(B) above for details.

D. RECIPIENTS OF PERSONAL INFORMATION

We do not sell or share your Personal Information with any third-parties for the purpose of cross-context behavioral advertising. Sharing for business purposes. We may share your Personal Information for the business purposes described in Part 2(B) with:

• Business associates; for example:
a. Merchants and co-branded businesses (if you buy one of their products or services through our site)
b. Associates and brand partners (who may receive limited information about other associates,

brand partners, and customers)
c. Upline sponsors (who receive information about associates and brand partners in their downline)

• This is because we are a direct selling company, and we share this information to provide associates and upline sponsors with credit for orders and associate enrolments and enable them to run their businesses

• If you give them your consent, your enrolling sponsor (and, if different, your placement sponsor) may use your personal information for their own marketing purposes

d. Associates can run reports which may show names and membership numbers of people who are outside of their downline.

• Suppliers (for example service providers, please see ** below)
• Financial organizations
• Consultants and professional advisers
• Credit reference agencies

• Debt collection agencies
• Group companies
• A prospective purchaser of all or a part of our business

**We use other companies and individuals to perform certain functions on our behalf, namely payment card processors, delivery, call-center support, analyzing or hosting data on cloud-based servers, and other companies that help us improve our products and services. We may disclose your personal information to these companies and other individuals performing services on our behalf in the United States or in any other country in which we operate. For a full list or recipients, please contact us.

Other disclosures. We may otherwise disclose Personal Information as permitted or required by applicable law, when we believe in good faith it is necessary for safety purposes, required for legal reporting, to protect our legal rights or enforce our contracts or any applicable rules, or to protect the rights of others. We may disclose Personal Information to our auditors, legal advisers, or to respond to a court order. We may also aggregate information that we gather about you (e.g., online sales, traffic patterns) and provide these statistics to others in aggregate form.

Whatever the purpose may be – whether we share with processors, service providers or other external companies – we only use and share your Personal Information to the extent reasonably necessary to fulfil your requests and our legitimate business objectives/ interests. When we disclose Personal Information to external companies to perform support services for us, they may access and process your Personal Information only for the purposes of performing those support services (in accordance with our instructions and only on our behalf),and must keep your Personal Information secure. These authorised processors and service providers will not otherwise sell, retain, use, or disclose your personal information.

1. 1. TRANSFERS OF PERSONAL INFORMATION

Our Sites are hosted in the US and your Personal Information will therefore be entered into servers at Espirose’s US- based data centers. Espirose will use your Personal Information in accordance with this Privacy and Cookie Policy, including sharing it with Espirose’s authorised processors/service providers for business purposes.

Because of the way our direct selling model works, where members are all connected, your basic Personal Information (name and membership number) may be accessed from any country in which we operate (for example if you are an associate with an international sponsor who lives in another country).

Some countries we operate in have laws which are considered to give equivalent protection for privacy and other rights to those given by laws in the EEA and UK. For countries that do not have those equivalent laws, we have put appropriate safeguards in place between our group companies and with suppliers and associates. Please contact us for a copy of those standard contractual clauses or international data transfer agreements. Our contact details are in Part 2.

IF YOU PREFER NOT TO HAVE YOUR PERSONAL INFORMATION TRANSFERRED TO ANOTHER COUNTRY, PLEASE DO NOT USE THIS SITE.

1. STORAGE PERIOD

We store Personal Information for as long as it is necessary to fulfil our legitimate business needs, comply with applicable law, resolve disputes, and enforce our agreements.

PART 3: YOUR RIGHTS

A. GENERAL RIGHTS

1. INFORMATION THAT YOU CAN ACCESS YOURSELF IF YOU ARE AN ASSOCIATE OR BRAND PARTNER

Examples of information associates and brand partners can access themselves in our systems include:

• Up-to-date information about recent orders
• Name, email, password, communications and personalized advertising preferences, address book
• Payment settings, including credit-card information and gift voucher, gift card and cheque balances
• Email notification settings, including product availability alerts, delivers, special occasion reminders, and newsletters, and
• Recommendations, including recommended for you and improve your recommendations.

2. HOW CAN YOU ACCESS, UPDATE, OR BLOCK YOUR PERSONAL INFORMATION?

You can update the delivery or billing information, as well as other Personal Information, you provided to us by logging-in to the My Account page, and making the appropriate changes or corrections yourself by clicking the edit button next to “Contact Information”.

You can also update your newsletter preferences by logging-in to the My Account page or contact our customer support team directly (see Part 2(a)).

If you wish to de-activate your account, you may do so by contacting our customer support team at the appropriate email address
for your country of residence based on Part 2(A). In the United States, you can send your request to customer@Espirose.com. Once you do so, your account will then be de-activated on a going-forward basis, although certain Personal Information may still be retained to the extent necessary to fulfil our legitimate business needs, comply with applicable law, resolve disputes, and enforce our agreements.

3. WHAT CHOICES DO YOU HAVE ABOUT THE COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION?

Part 3(B) describes the choices you may have about the collection, use, and sharing of your personal information depending on the region in which you live. You may also review your marketing preferences in your back office account to indicate which marketing communications you prefer to receive or opt out of all marketing communications. In some regions, you may also be able to opt out of certain cookies used on the Site as described in Part 5(C)

Even after you opt-out or update your marketing preferences, please allow us sufficient time to process your marketing preferences. It may take up to 10 days to process your e-mail related requests, and up to 30 days for all other marketing-related requests. And even after you’ve opted-out of receiving marketing communications from us, we may still contact you for transactional or informational purposes. These include, for example, customer service issues, returns or product-related inquiries, surveys or recalls, or any questions regarding a specific order.

B. COUNTRY-SPECIFIC RIGHTS

1. YOUR RIGHTS IN THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, AND THE UNITED KINGDOM

This section covers the EU, EEA and UK.

THE RELATIONSHIP BETWEEN ESPIROSE AND ITS MEMBERS

You are entitled to know how the relationship between Espirose and its Members works.

Espirose is a “controller” and associates and brand partners may also be “controllers” under European data protection law; that is they decide the “why” and “how” of their use of your Personal Information. Whether an Associate or Brand Partner is considered a “controller” or a “processor,” they are required to use your Personal Information in a way that is consistent with this Privacy and Cookie Policy.

The division of responsibilities between Espirose on the one hand, and associates and brand partners on the other, is set out below.

Espirose's responsibilities	Independent associates' and brand partners' responsibilities
Compliance of Espirose's use of Personal Information of visitors, customers, and associates in its operation of the Site.	Compliance of the associate's or brand partner's use of Personal Information of customers and other associates provided by Espirose. This includes information Espirose provides by email, makes available in the associate's online account/back office (including through reports) and in Espirose apps. It includes associates' or brand partners' use of tools provided by Espirose to communicate with members or share Personal Information.
Compliance of Espirose's use of Personal Information in the Site or other Espirose systems ("Espirose Systems").	Compliance of the associate’s or brand partner’s collection of Personal Information outside of Espirose Systems. This includes collection through an independent website operated by the associate or brand partner, recorded by the associate or brand partner on or using a device, in notebooks, or using any other medium outside Espirose Systems. Associates must also only market or enrol a customer or associate with that individual’s full knowledge and written or other explicit consent.
Responding to queries, requests or complaints from individuals and other persons about Espirose's use of Personal Information.	• Responding to queries, requests or complaints from individuals and other persons about the associ- ate’s or brand partner’s use of Personal Information • Notifying Espirose’s data protection officer immediately if the associate or brand partner receives a request from an individual or anyone else about Espirose’s use of Personal Information.
Recording and reporting any personal data breaches involving Espirose Systems to data protection authorities and affected individuals.	Recording and reporting any personal data breaches outside of Espirose Systems to data protection authorities and affected individuals Notifying Espirose’s data protection officer immediately if they suspect their login credentials or any Espirose System has been compromised
	Providing technical and organizational measures required to protect the Personal Information in accordance with Art. 32 GDPR. This includes, in particular, suitable measures for access, data carrier, storage, user, access, transmission, input, transport, order and availability control as well as suitable measures to ensure recoverability, reliability, data integrity and separate processing of data collected for different purposes (separation requirement).

Espirose requires associates and brand partners to use your Personal Information in a manner consistent with this Privacy and Cookie Policy, the Independent Associate Terms and Conditions, Brand Partner Terms and Conditions, and all other Espirose policies and procedures. However this Privacy and Cookie Policy applies to Espirose’s use of your Personal Information only; please contact associates and brand partners directly about their use. Please contact Espirose using the contact details in Part 2(A) with any queries about Espirose’ use of Personal Information.

TO MAKE REQUESTS TO US

You have rights to make a request to us:

• For access to your personal information
• For rectification or erasure of your personal information
• For restriction of processing concerning you
• To object to our processing which is based on legitimate interests
• To object to direct marketing (including to object to related profiling if you are in the EEA/UK, or from the date such right is provided for under the laws of the country of your membership or residence)
• To port data you have provided to us, either to you or to another provider (if you are in the EEA/UK, or from the date such right is provided for under the laws of the country of your membership or residence).

If you are an associate or brand partner you can access some information yourself. Please see Part 3(A) above.

To exercise your rights, please contact us. Our contact details are in the “Identity and contact details” section in Part 2(A) above. We prefer that you exercise your rights by sending an email to customer@Espirose.com, and list the name of the right being exercised in the subject field.

TO WITHDRAW CONSENT

You have a right to withdraw any consent you give us at any time.
This will not affect the legality of our consent-based use before you withdrew consent.

To exercise your right to withdraw, please contact us. Our contact details are in the “Identity and contact details” section in Part 2(A) above.

REGARDING AUTOMATED DECISION-MAKING

We do not use automated decision-making which produces legal effects or similarly significant effects.

We do however undertake profiling. We undertake data analytics on purchases, downlines, and customers/associates to understand how we can improve our business model to enhance your interaction with us. We also use web analytics on our Sites which affects website visitors (please see Part 5 (cookies)).

We do not base profiling on special or sensitive categories of Personal Information, that is Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health, genetic data, or data concerning a natural person’s sex life or sexual orientation.

Meaningful information about the logic involved: we use certain categories of Personal Information described in Part 4(A) (namely the Personal Information listed under “customers, associates, and brand partners”, “website visitors” and “mobile users”) to create a profile. The source of this Personal Information is you or other sources (see Part 4(B) under “sources”). This Personal Information is directly relevant to improving our business model as set out above.

Significance and envisaged consequences for you: as a result of data analytics, you may see different recommendations depending on your purchases and browsing or a new feature on the Site; data analytics also helps keep you and other customers, associates, and brand partners safe from fraudulent activity.

TO COMPLAIN

If you have any questions, have a complaint, or wish to send us comments about this Privacy and Cookie Policy, contact us at the information provided above that applies to your country of membership or residence. We will use reasonable efforts to respond to you as soon as possible.

In the EEA, you have the right to complaint to the appropriate supervisory authority, which you can find here. In Germany, there are 16 state data protection authorities: you can find a list of them here.

In the UK, you can complain to the UK Information Commissioner and you can find their contact details here.

2. YOUR RIGHTS IN THE US

In general, the United States does not have a federal data privacy law affording rights to individuals related to their Personal Information. Individual states in the United States may have privacy laws affording rights to individuals related to their Personal Information. These include the states listed below:

THE RELATIONSHIP BETWEEN ESPIROSE AND ITS MEMBERS

You are entitled to know how the relationship between Espirose and its Members works.

Espirose decides the “why” and “how” of their use of your Personal Information. Each state defines this role differently; in California, for example, Espirose is a “business” under the California Consumer Privacy Act and subsequent privacy laws and regulations. Associates and brand partners may also jointly be considered a “business” or similar term under other state laws, to the extent
they decide the “why” and “how” of their use of your Personal Information. Whether an Associate or Brand Partner is considered a “business” or a “service provider,” they are required to use your Personal Information in a way that is consistent with this Privacy and Cookie Policy.

The division of responsibilities between Espirose on the one hand, and associates and brand partners on the other, is set out below.

Espirose's responsibilities	Independent associates' and brand partners' responsibilities
Compliance of Espirose's use of Personal Information of visitors, customers and asso- ciates in its operation of the Site.	Compliance of the associate's or brand partner's use of Personal Information of customers and other associates provided by Espirose. This includes information Espirose provides by email, makes available in the associate's online account/back office (including through reports) and in Espirose apps. It includes associates' or brand partners' use of tools provided by Espirose to communicate with members or share Personal Information.
Compliance of Espirose's use of Personal Information in the Site or other Espirose systems ("Espirose Systems").	Compliance of the associate's or brand partner's collection of Personal Information outside of Espirose Systems. This includes collection through an independent website operated by the associate or brand partner, recorded by the associate or brand partner on or using a device, in notebooks, or using any other medium outside Espirose Systems. Associates must also only market or enrol a customer or associate with that individual's full knowledge and written or other explicit consent.
Responding to queries, requests or complaints from individuals and other persons about Espirose's use of Personal Information.	• Responding to queries, requests or complaints from individuals and other persons about the associ- ate’s or brand partner’s use of Personal Information • Notifying Espirose’s data protection officer immediately if the associate or brand partner receives a request from an individual or anyone else about Espirose’s use of Personal Information.
Recording and reporting any personal data breaches involving Espirose Systems to data protection authorities and affected individuals.	Recording and reporting any personal data breaches outside of Espirose Systems to data protection authorities and affected individuals Notifying Espirose’s data protection officer immediately if they suspect their login credentials or any Espirose System has been compromised
	Providing technical and organizational measures required to protect the Personal Information in accordance with Art. 32 GDPR. This includes, in particular, suitable measures for access, data carrier, storage, user, access, transmission, input, transport, order and availability control as well as suitable measures to ensure recoverability, reliability, data integrity and separate processing of data collected for different purposes (separation requirement).

Espirose requires associates and brand partners to use your Personal Information in a manner consistent with this Privacy and Cookie Policy, the Independent Associate Terms and Conditions, Brand Partner Terms, and all other Espirose policies and procedures. However this Privacy and Cookie Policy applies to Espirose’s use of your Personal Information only; please contact associates and brand partners directly about their use. Please contact Espirose using the contact details in Part 2(A) with any queries about Espirose’ use of Personal Information.

CALIFORNIA

If you are a California resident and consumer, and as of January 1, 2020, you have certain rights to make a request to us:

• For disclosure of the categories of personal information we have collected about you, the sources from which your personal information was collected, the business purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
• For disclosure and delivery of a copy of the categories and specific pieces of personal information we have collected about you, including the sources of the personal information, the business or commercial purpose for collecting the personal information, the categories of personal information we have disclosed for a business purpose, the categories of third parties with whom we share it.
• For deletion of your personal information, subject to certain exceptions.
• For correction of your inaccurate personal information
• For access to information about, or to opt out of, our use of automated decision-making technology to include meaningful information about the logic involved in those decision-making processes, as well as a description of the likely outcome of the process with respect to you. Part 3(b)(1) contains a description of our current use of automated decision-making technology.
• To limit the use and disclosure of sensitive personal information. (See part 4(c) for a description of the limited sensitive personal information we may gather and the purposes for which we may use it.)
• To opt out of sharing personal information with third parties for targeting advertising. (Please note that we do not sell or share personal information with third parties for direct marketing purposes)

To make any of these requests, please contact us at customer@Espirose.com or toll-free at 833-325-8111. For your protection, we may need to verify your identity before fulfilling your request. Requests for disclosure and copies of personal information are limited to twice in a 12-month period. We may not and will not discriminate against any California resident and consumer because you exercise any of these rights.

See Part 4 below for categories of Personal Information Espirose;

• Collects about consumers; and
• May disclose about consumers for a business purpose

We do not sell or share personal information that we have collected. We have not sold or shared consumers’ personal information in the preceding 12 months.

Subject to certain limits under California Civil Code § 1798.83, if you are a California resident, you may make a request to us:

• For a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and for the identity of those third parties; and/or
• Not to share your personal information with third parties for their direct marketing purposes.
  You may submit requests to us under California Civil Code § 1798.83 by sending an email to customer@Espirose.com or calling

us toll-free at 833-325-8111.

Virginia

Beginning on January 1, 2023, Virginia residents have certain rights to make a request of us to:

• • Confirm whether or not we are processing your data and to access such data.
  • Correct inaccuracies in your personal information.
  • Delete your personal information.
  • To the extent feasible, obtain a copy of your personal information in a portable and readily usable format.
  • To opt-out of the processing of personal information. (However, exercising this right may prevent us from providing you with requested products or services)

To make any of these requests, please contact us at customer@Espirose.com or toll-free at 833-325-8111.

Please identify the type of request in the subject line of your email. For your protection, we may need to verify your identity before fulfilling your request. We may not and will not discriminate against any Virginia resident and consumer because you exercise any of these rights.

See Part 4 below for categories of Personal Information Espirose;

• Collects about consumers; and
• May disclose about consumers for a business purpose

COLORADO

Beginning on July 1, 2023, Colorado residents have certain rights to make a request of us to:

• • Confirm whether or not we are processing your data and to access such data.
  • Correct inaccuracies in your personal information.
  • Delete your personal information.
  • To the extent feasible, obtain a copy of your personal information in a portable and readily usable format.
  • To opt-out of the processing of personal information. (However, exercising this right may prevent us from providing you with requested products or services)

To make any of these requests, please contact us at customer@Espirose.com or toll-free at 833-325-8111. Please identify the type of request in the subject line of your email. For your protection, we may need to verify your identity before fulfilling your request. We may not and will not discriminate against any Colorado resident and consumer because you exercise any of these rights.

See Part 4 below for categories of Personal Information Espirose;

• • Collects about consumers; and
  • May disclose about consumers for a business purpose

4. YOUR RIGHTS IN CANADA

Pursuant to the Personal Information Protection and Electronic Documents Act (“PIPEDA”), you have the right to be informed of the existence, use, and disclosure of your Personal Information and to challenge the accuracy and completeness of the information and have it amended as appropriate.

If you make a request of us to access your Personal Information, you may be required to provide sufficient information to permit us to verify your identity.

To make a request pursuant to PIPEDA, you may email us at customer@Espirose.com or call us at 1-833-325-8111.

5. YOUR RIGHTS IN MEXICO

Pursuant to the Federal Law on Protection of Personal Data Held by Individuals, you have the right to make a request of us to:

• Access your Personal Information held by us
• Rectify your Personal Information if it is inaccurate or incomplete
• Cancel your Personal Information
• Object to the processing of your Personal Information

To make any of these requests, please contact us at customer@Espirose.com or toll-free at 833-325-8111. Please provide the following information with your request: (I) your name, address, and contact information; (II) documents establishing your identity; (III) A clear description of your Personal Information and the right you want to exercise; and (IV) any other item or document that facilitates locating your Personal Information. For your protection, we may need to verify your identity before fulfilling your request.

See Part 4 below for categories of Personal Information Espirose:

• • Collects about consumers; and
  • May disclose about consumers for a business purpose.

6. YOUR RIGHTS IN JAPAN

Under the conditions set out under the Act of the Protection of Personal Information of Japan, you may request notification of purpose of use, access to, rectification, correction, addition, deletion or discontinuation of use/transfer of your Personal Information.

• We will process requests to disclose retained personal information that can identify you in the manner prescribed by the Act of Protection of Personal Information of Japan. We may choose not to disclose such data if (i) there is a possibility of harming you or a third party’s life, body, fortune, or other rights and interests, (ii) there Is a possibility of interfering seriously with the implementation of our business; or (iii) disclosure violates other laws or regulations.

• If you request that we make a correction, addition, or deletion, we will investigate your request without delay and make any appropriate corrections, additions, or deletions.
• If you make any requests of us related to your personal information, we will inform you if the action will not be taken, or if a different action will be taken, and the reasons therefor.

If you wish to exercise your rights, please address your request to customer@Espirose.com or you may call 1.833.325.8111. Please identify the type of request in the subject line of your email.

Our Sites are hosted in the US and your Personal Information will therefore be transferred to our parent company Espirose International LLC’s US-based data centers. Your continued use of this Site constitutes your consent to these transfers. They will use your Personal Information in accordance with this Privacy and Cookie Policy, including sharing it with Espirose authorized processors or service providers, (please see Part 5(D)). Because of the way our direct selling model works, we may also transfer your Personal Information to any country in which we operate.

The information contained in this Privacy and Cookie Policy, and specifically in this Part 3, is intended to inform you about the privacy laws of the countries in which your personal information may be transferred. For more information you may visit the Personal Information Protection Commission’s (“PPC”) website at https://www.ppc.go.jp.

PART 4. PERSONAL INFORMATION WE COLLECT

Here are some further details of the Personal Information we collect (directly or indirectly).

A. PERSONAL INFORMATION COLLECTED DIRECTLY

WHEN WE COLLECT INFORMATION DIRECTLY

We generally collect only Personal Information you voluntarily provide to us or which is collected through cookies or similar technologies (please see below and Part 5). For some secure areas of our Site, however, we require you to provide Personal Information when you use specific features. For example, we collect Personal Information from you when you:

• Ask to register for an account with us
• Sign up for newsletters
• Buy our products at one of our Sites
• Participate in promotions, contests, or surveys
• Submit comments, reviews, or other user-generated content
• Connect or interact with us through social networks (e.g., Facebook, Google+, Twitter), and
• Request customer or technical support.

This Personal Information, for example, may include your:

• • Name
  • Postal or billing address
  • E-mail address
  • Telephone or mobile number
  • Payment card information
  • Location via IP address
  • Device being used (for our mobile site), and
  • Previous shopping history with Espirose.

INFORMATION THAT IT’S NECESSARY FOR US TO COLLECT AND WHAT HAPPENS IF YOU DON’T PROVIDE IT

Some of the Personal Information we collect is required for our contract with you:

• • • We will collect your name, email, and contact information when you purchase products or services from us. This is necessary
      to process transactions and fulfil your requests. We collect additional information about your identity, such as unique tax ID numbers, when you enroll as an associate or brand partner. This is to verify your identity and pay you any earned compensation.
    • Photos and some physical data, such as height or weight, will be collected if an associate or preferred customer joins an “Espirose” challenge. This is a necessary requirement of participation in the challenge; you are free not to participate if you would rather not provide that information. We do not use this data for the purpose of uniquely identifying consumers.

If you can’t or choose not to provide us with the Personal Information we reasonably require, we may be unable to provide you with the information, products or services you have requested.

INFORMATION WE COLLECT ON CUSTOMERS, BRAND PARTNERS, AND ASSOCIATES

As well as your name, postal or billing address, e-mail address and telephone or mobile number, we will collect your purchase history, which we may aggregate with similar information from other customers, associates, or brand partners to create features such as Best Sellers. For example, as a customer or associate you provide information when you: search for a product; place an order through an associate’s Site or through one of our third-party partners; provide information in My Account (you might have more than one if you used more than one e-mail address when shopping with us), post, participate in a contest or questionnaire or communicate with customer services. As a result of those actions, you might supply us with information such as: name; address and phone number; credit card information (please note that we use a tokenizer to store the credit information; we do not store credit card details); people to whom purchases have been dispatched (including addresses and phone numbers); people (with addresses and phone numbers) personal description and photograph if participating in the Espirose Challenge, and financial information as needed to conduct business (e.g. tax identifier).

We also collect information from other sources (please see section b below), including in connection with offering joint or co-branded products and services.

INFORMATION WE COLLECT THROUGH TECHNOLOGY

We obtain information through technology. Some of this information may be linked to you personally. This information helps our Sites function correctly and supports the work we do to understand the needs of our members.

Device Information. Depending on the permissions you’ve granted, we may receive information about your location and your mobile device when you download or use our apps, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, and other personalized content. Examples of the device information we collect include:

• Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers
• Device locations, including specific geographic locations, based on information we are provided through Apple and Android APIs for location services and country identifier, and
• Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

Payment Information. If you buy a product on our Site, we will collect payment card information from you, including your name, expiration date, authentication code, and billing address. We will securely transmit this information consistent with payment card industry rules to the appropriate payment facilitators. We may offer you the option to save information about the method and choice of payment on our Site. If you save this payment card information on our Site, you will be able to add, delete, or modify that information at any time using your account settings.

INFORMATION WE COLLECT AUTOMATICALLY ON ALL WEBSITE VISITORS

• • the Internet protocol (IP) address used to connect your computer/mobile device to the Internet
  • login, e-mail address, password (if you are enrolled/registered)
  • computer and connection information such as

a. browser type and version
b. time zone setting
c. browser plug-in types and versions
d. operating system the full Uniform Resource Locators (URL) clickstream to, through and from our Site (including date and time)
e. cookie number
f. products you viewed or searched for
g. any phone number used to call our customer service number

• • Browser data such as
    a. Cookies (please see Part 5)
    b. Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Site to support fraud

prevention and other purposes, such as to gauge viewing patterns of videos on our Sites.

• • Sessions information some samples in via program. javascript, inklusive

a. Page response times
b. download errors
c. length of visits to certain pages
d. page interaction information (such as scrolling, clicks, and mouse-overs), and e. methods used to browse away from the page.

• • Technical information to help us identify your device for fraud prevention and diagnostic purposes

INFORMATION WE COLLECT ON USERS OF OUR MOBILE APPS

We collect the same information as we do for website visitors, but focused on technologies associated with mobile devices including location services provided by mobile devices if enabled. For further details please see “device information” in the “information we collect using technology” section above.

INFORMATION WE COLLECT WHEN WE ADVERTISE ONLINE

We advertise in a number of ways, including online through managed social media presences, and on other unaffiliated sites and mobile applications. For example, we create custom audiences for our ads on Facebook and Google. To understand how our advertising campaigns are performing, we may collect certain information via our Sites through our advertising and service providers. We or our providers use several common online tracking tools to collect this information, such as browser cookies, web beacons and other, similar technologies. The information we collect includes IP addresses, the number of page visits, pages viewed via our Sites, search engine referrals, browsing activities over time and across other websites following your visit to one of our Sites or applications, and responses to advertisements and promotions on the websites and applications where we advertise.

We also use certain information to:

• Present tailored ads, including banner ads and splash ads that appear as you log-in or off of your online accounts via our Sites
• Identify new visitors to our Sites
• Recognize returning visitors
• Advertise on other websites and mobile applications not affiliated with us
• Analyze the effectiveness of our advertisements
• Better understand our audience, customers, or other Site visitors, and
• Determine whether you might be interested in new products or services.

Controlling our tracking tools. Your browser may give you the ability to control cookies. How you do so, however, depends on your browser and the type of cookie. Certain browsers can be set to reject all browser cookies. If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use our Sites. If you block or delete cookies, not all of the tracking that we have described in this section will stop and our Site may stop working in part or completely. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are still not uniform, so we are not currently set up to respond to those signals.

For more information about our advertising processors and service providers and their cookies, including information about how to opt out of these technologies, you may visit www.aboutads.info/choices. In addition, users may prevent your data from being used by Google Analytics by downloading and installing a browser add-on available at https://tools.google.com/dlpage/gaoptout. Please also see Part 5 (cookies) for further information.

1. PERSONAL INFORMATION COLLECTED INDIRECTLY – CATEGORIES

We collect the following categories of Personal Information indirectly (i.e., from third parties):

• • Updated delivery and address information from our carriers or other third parties which we use to correct our records and deliver your next purchase or communication more easily
  • Account information, purchase or redemption information and page-view information from some merchants with whom we operate co-branded businesses or for whom we provide technical, fulfilment, advertising or other services
  • Search results and links, including paid listings (such as sponsored links)
  • Information from credit reference agencies, which we use to help prevent and detect fraud (by verifying identity)
  • Registration details from a family member (i.e., A spouse) or sponsor who enrolls you as an associate (if you do this yourself,

please make sure you have the other person’s prior consent)

• • Your name, address and phone number, if an associate or brand partner sends you one of our products (i.e. As a gift).

SOURCES OF PERSONAL INFORMATION COLLECTED INDIRECTLY

The sources of the Personal Information we collect indirectly are:

1. • • Our carriers or other third parties (updated delivery and address information)
     • Merchants with which we operate co-branded businesses or for which we provide technical, fulfilment, advertising or other services (account information, purchase or redemption information and page-view information)
     • Search engine providers (search results and links, including paid listings (such as sponsored links))
     • Credit reference agencies (id validation information)
     • Enrolling sponsors (associates that assist you to enroll as an associate)
     • Customers, associates, or brand partners (i.e.. Where an associate sends our products to a friend or family member as a gift).
2. SENSITIVE PERSONAL INFORMATION

Generally, we do not collect sensitive (that is, special categories of) personal information (“sensitive personal information”) about consumers.

In the United States, we collect social security numbers (SSNs) or employer identification numbers (EINs) for all associates and brand partners. In other jurisdictions, we may collect similar unique tax identifiers or id numbers. We collect this information for tax and accounting purposes, including to track parties and payments and to report to governing agencies. We also collect this information to verify your identity and prevent associates from creating duplicate accounts.

We collect dates of birth to verify eligibility to participate as a customer, associate, or brand partner.

Likewise, photos and biometric data (for example before and after photos) will be collected if an associate or preferred customer joins an “Espirose challenge.” We do not use biometric data for the purpose of uniquely identifying consumers.

Our use of sensitive personal information is limited to uses that are necessary to perform the services or provide the goods reasonably expected by an average consumer. Any further limitation on our uses of sensitive personal information may prevent us from providing you with requested goods or services or operating our business in a lawful manner.

WE DO NOT SELL OR SHARE SENSITIVE PERSONAL INFORMATION WITH ANY THIRD PARTIES.

PART 5. COOKIES AND SIMILAR TECHNOLOGIES

A. INTRODUCTION

A cookie is a file containing a small amount of information that a Site places on your device. Similar technologies include:

• Local shared objects (Flash cookies) – data that websites which use Adobe Flash store on your device
• Local storage (session storage and database storage) – a type of file placed on your device that can hold data, often related to video or audio content
• Pixels – (also known as clear gifs, web beacons or web bugs) are code used on a web page or in an email notification. They are used to learn whether you’ve interacted with certain web or email content. This helps to measure and improve services and personalize your experience.

We use cookies and similar technologies to help us understand how people interact with our Sites. That means we can make improvements and develop the Sites in an informed way for our website visitors. It helps us improve your overall experience.

B. WHAT COOKIES DO WE USE?

We use these types of cookie ...	... for these purposes
Strictly necessary cookies. These cookies are generally used to store a unique identifier to manage and identify you as unique to other users currently viewing the Site, in order to provide you with a consistent and accurate service.	To remember previous actions (e.g. entered text) when navigating back to a page in the same session, man- aging logins and other security features, and to route visitors to specific versions of a Site and to remember items put into an online shopping basket.
Performance cookies. These cookies are used for performance and to improve the Site.	For web analytics (we use Google Analytics (see how Google uses your data here) ad response rates, affiliate tracking, error management and testing designs.
Functionality cookies. These cookies will typically be the result of something you do, but might also be implemented in the delivery of a service not explicitly requested but offered to you. They can also be used to prevent you being offered a service again that had previously been offered to you and rejected.	To remember settings such as layout, font, preferences, colors; to remember a choice such as not to be asked again to complete a questionnaire; to provide information to allow an optional service such as a live chat session or to fulfil a request from you to submit a comment.
Targeting or advertising cookies. These cookies contain a unique key that is able to distinguish individual users’ browsing habits or store a code that can be translated into a set of browsing habits or preferences using information stored elsewhere. Cookies may also be used to limit the number times a user sees a particular ad on a Site and to measure the effectiveness of a particular campaign.	With similar technologies, for online advertising, which is described in more detail in Part 4(A) and Part 5(B).

C. HOW TO SEE COOKIES AND GIVE/WITHDRAW CONSENT TO COOKIES AND SIMILAR TECHNOLOGIES

COOKIES

Cookies change and their names and descriptions are not very user-friendly for most people, so we haven’t listed them individually. If you want to see the cookies currently used on the Sites, they are visible through your browser. (Please see below for instructions.)

To give or withdraw consent to cookies, please adjust your browser settings or use the banner or cookie consent tool on our home page if one is available in your region.

There are different browsers and manufacturers upgrade them frequently. The best way to get the right instructions is to go to the manufacturer’s support page.

• Chrome
• Edge
• Firefox
• Internet Explorer

• Opera

• Apple Macs and other Apple devices.

If you have problems with these pages, can’t see individual cookies or want find out more about how cookies are handled within your browser, please go to the manufacturer’s site and search for the browser name and your cookie query.

ONLINE ADVERTISING COOKIES AND ANALYTICS

We use cookies and similar technologies for online advertising. Please see “Information we collect when we advertise online” in Part 4(A) for a more detailed description. To find out more and opt out, please visit http://www.youronlinechoices.com/.

You may prevent your data from being used by Google Analytics by downloading and installing a browser add-on available at https:// tools.google.com/dlpage/gaoptout.

LOCAL AND SESSION STORAGE

You can delete local storage, session storage and database storage by adjusting your browser settings.

PIXELS

You cannot delete pixels but you may be able to disable them by disabling cookies or by using browser add-ons or extensions. Some pixels in emails can be disabled by selecting an option in your email application not to download images. If you have an iOS device, Apple may, depending on your country of residence and device, automatically block all tracking of email opens and clicks on links within emails.

Please be aware that restricting cookies and similar technologies may impact on the functionality of our Site.

D. FURTHER INFORMATION

To find out more about cookies, including how to see what cookies and other technologies have been set and how to manage and delete them, please visit http://www.allaboutcookies.org/. 

You can also use privacy-friendly search engines, privacy-friendly browsers and/or privacy add-ons to some browsers to help block tracking requests generally. Search online for the options to see what works best for you.

PART 6. FEEDBACK

For feedback or queries on this Privacy and Cookie Policy or to exercise your rights, please contact us.

Espirose

1.833.325.8111

customer@Espirose.com.