SĄLYGOS IR NUOSTATOS



These Terms & Conditions apply to ‘The Influencer’ that will perform promotional activities for Rituals Cosmetics Enterprise B.V. or one of its group entities (hereinafter: “Rituals”) through the creator platform Olapic Services as outlined below. PROMOTIONAL ACTIVITIES: Rituals may make available certain campaigns or events and other promotional activities on or through the creater platform Olapic Services (collectively “Promotions”). The Influencer is required to register with Olapic Services in order to access and join or participate in any Rituals community web sites or to participate in Promotions. If The Influencer opts-in to participate in one or more Rituals Promotions, Influencer’s participation in any such Promotions is subject to acceptance by Rituals at Rituals’ sole discretion and governed by the following terms:

• The Influencer commits to helping Rituals promote Rituals and/or its products or services by publishing posts/statuses about the Rituals products or services troughout the Influencers’ own social media channels. Rituals grants The Influencer with the limited license to use the Rituals’ trademarks and visuals in such posts/statuses as set out in detail in the content brief of the concerned Promotional Activity as shall be provided by Rituals.

• The Influencer will create all social media activity in accordance with the content brief of the concerned Promotional Activity as shall be provided by Rituals. Furthermore, The Influencer is solely responsible for:
a) compliance with all applicable law and local advertising regulations, such as but not limited to the Nederlandse Reclame Code;
b) using the official hashtag of the concerned Promotion and the hashtag @ritualscosmetics in every posting; and
c) clearly and conspicuously disclosing that he/she has a connection with Rituals and, if applicable, that Rituals has provided the Influencer with anything of value (e.g. – free products or samples to review and keep from time to time, or discounts and payments). The relationship can be disclosed by means of for example using the following hashtags within the first three hashtags of the post: #RitualsAmbassador #ad, #spon, #sample, #prom, #paid;

• The Influencers’ statement(s) in his/her posts/statutes about Rituals and/or its products or services must:
o reflect The Influencer’s honest opinion, finding, belief, or experience. The Influencer must be able to substantiate what he/she states or claims about Rituals;
o be truthful, and convey non-misleading claims; and cannot include performance claims exceeding the scope of Rituals performance claims unless prior written approval has been obtained from a brand representative.

• In the unexpected event that The Influencer for any reason is not satisfied or happy with the Rituals product or service, Rituals request that The Influencer first contacts Rituals to report their feedback giving Rituals the opportunity to react, clarify, or rectify any negative opinion or experience before The Influencer posts any neutral or negative statements in his/her posts/statutes about Rituals or its products and services.

• The Influencer shall always be respectful and do not make offensive, denigrating or untrue remarks about Rituals. Spam and remarks that are off topic or offensive to others (personal attacks) are prohibited. The Influencer shall not compare Rituals products with products with competitors on social media concerning the concerned Campaign, except if such is pre-approved (in writing, e-mail suffices) by the dedicated Rituals marketing manager.

• If The Influencers’ statements in his/her posts/statutes reveals noncompliance with the standards set out in above and/or the content brief as provided by Rituals, Rituals may request The Influencer to update, amend or delete the statement in his/her posts/statutes. If The Influencer will not act accordingly, Rituals may end the participation of The Influencer with Rituals directly from the Olapic Platform, refuse the Influencer to participate in any future Promotional Activity of Rituals and Rituals shall report such behaviour to the Olapic Services.

(PERSONAL) DATA:
o Upon opting-in by The Influencer to participate in the concerned Promotional Activity, Rituals shall have access to i) the publicly available information of The Influencer as shared by The Influencer on social media as compiled by Olapic in the Olapic database, plus (ii) The Influencers’ data as shared by usage of the Social Media Services as provided for by Olapic Services and as further described in the Privacy Policy of Olapic;
o Furthermore, Rituals may ask The Influencer (iii) further questions/details which are Campaign specific (such as: what is your favourite scent?). Rituals shall process all personal data of The Influencer (if any) in accordance with its Privacy Policy (https://www.rituals.com/en-nl/privacy-policy.html);
o After acceptance and participating in the concerned Promotional Activity by The Influencer, Rituals shall be able to review (iv) all data coming forth from the usage of the official hashtag of the concerned Promotion and the hashtag tagging @ritualscosmetics

Please note that Rituals shall have no liability or responsibility for the privacy practices or other actions of any third-party, including Olapic Services or third-party websites such as Instagram, Facebook or Twitter. Please review their Privacy Policies to see how those parties process personal data (if any).

PUBLICITY RELEASE:
By participating in the promotional activities, except where prohibited by law, The Influencer agrees that Rituals may use The Influencer’s name, likeness, photograph and participation in the promotion worldwide in connection with the marketing of the promotion of Rituals products, campaigns and services. The Rituals group of companies acquires buy out rights of all content created by The Influencer concerning the Promotional Activities.

PUBLICITY RELEASE:
Rituals has the right to boost Rituals’ own social posts that features the Influencer or the Influencer’s content to promote visibility of the content to a wider target audience. Rituals has the right to use and re-use the content created by the Influencer on Rituals’ (online) platforms, such as but not limited to Instagram, Facebook, Youtube, Snapchat, Rituals website and the Rituals newsletter. Rituals will only use the content for its own organic channels, and shall not use it for any paid advertising, unless otherwise agreed between Rituals and the The Influencer.

CONFIDENTIAL INFORMATION:
The Influencer agrees that the terms of this agreement, any information regarding the Promotional Activities, and any other non-public information received by The Influencer with respect to Rituals, its representatives and agents or its products, including Rituals’ intellectual property, in any form (written or oral) – (Collectively, the ‘confidential information’) will be kept strictly confidential.

APPLICABLE LAW & DISPUTE SETTLEMENT:
These Terms and Conditions are governed by Dutch law (with the exception of its conflict of law provisions). The non-exclusive competent court is the District Court of Amsterdam. The Influencer may bring a claims his/her rights in connection with these Terms and Conditions in the (EU) country in which he/she lives.