RULES AND PROCEDURES
SECTION 1 - INTRODUCTION
1.1 RULES IN THE PROMOTER CONTRACT
These Rules and Procedures, in their current form and as amended from time to time at the discretion of SWAG OU, are integrated into the SWAG OU Promoter Agreement. It is the responsibility of each promoter to read, understand, adhere to it and ensure that it is aware of and operates according to the most up-to-date version of these Rules and Procedures. For the purposes of these Rules, the term Promoter refers to all persons who have registered on the SWAG OU website and have accepted the rules to become a Promoter.
The purpose of the Promoter's Contract is as follows:
o Define the relationship between SWAG OU and the independent promoter;
o Establish acceptable standards of behaviour;
o Help the Promoter to build and protect his business.
Price changes are immediately effective once published on the SWAG OU website. SWAG OU may from time to time modify the articles, including, but not limited to: terms and conditions of the Promoter Agreement, Rules and Procedures, Compensation Plan and price list. Any changes to the Contract will take effect 30 days after its communication to the active Distributors through the official publication. These communications can be made online, on the SWAG OU website, by e-mail, electronic message boards or in general through any SWAG OU publication.
In the event of disagreement with the changes to the Contract, the Promoter must notify SWAG OU in writing fifteen (15) days after the publication of the change, in order to accept any subsequent requests. SWAG OU will then work with the Promoter to provide the necessary further explanations for the changes. If the disagreement persists, the Contract can be terminated by both parties without compensation, with effect thirty (30) days after notification by the Promoter or SWAG OU , if the Contract is less than two years, or within 90 days if the contract has over two years if the notification comes from SWAG OU .
The renewal of the Agreement after the publication of a change or after the execution of orders after the posting of changes, without having received a written notice of disagreement, constitute final acceptance of the changes to the Agreement.
SWAG OU will not be responsible for delays and shortcoming in the fulfilment of its obligations due to circumstances outside its reasonable control, such as strikes, work problems, disorders, wars, fires, deaths, reductions or interruption of a supply source, decrees or government orders, etc.
1.5 RULES AND SEPARABLE PROVISIONS
In the event that any clause of the Promoter Agreement as it is currently or as subsequently amended will be deemed invalid, illegal or unenforceable for any reason, then only the invalid clause will be removed from the Promoter Agreement; the remaining terms and provisions will remain in effect for all purposes and will be interpreted as if this invalid, unlawful or inapplicable provision had never been part of the Promoter Contract.
1.6 NON-SUBSTANTIVE TITLES
The titles and headings of these Regulations are for reference purposes only and do not constitute or be interpreted as substantial terms of the Promoter Contract.
SWAG OU never renounces its right to request the Promoter's compliance with the Promoter Contract or with applicable laws and regulations governing the management of the activity. Only in rare circumstances will a provision be waived and such waivers will be communicated by the Compliance Officer or by an official of the company. The waiver will apply only to that specific case.
SECTION 2 - BECOMING A PROMOTER
2.1 REQUIREMENTS TO BECOME A PROMOTER
o Be at least an adult in your country of residence;
o Reside in a geographical area where SWAG OU is authorized to operate;
o Read and approve the Rules and Procedures and the SWAG OU Compensation Plan;
o Insert in your Virtual Office a copy of a valid identity document; plus its own photo in the foreground with the identity document bearing its own photo.
If within sixty (60) days of entering the registry, the document will not be loaded, the promoter will go into a suspended state, or will be able to carry out the activity but will not receive the commissions.
o Provide SWAG OU with a correct postal address, e-mail address and telephone number where it can be reached.
o Meet all the requirements established by applicable laws and regulations for the performance of the activity as Promoter
o If SWAG OU considers that the Promoter Contract contains contacts or other inaccurate or false information, it can immediately withdraw a mandate or declare that the Promoter Contract cannot be considered valid and therefore will not be taken into consideration. Furthermore, it is the Promoter's obligation to notify the Company on an ongoing basis of any changes that affect the accuracy of the Promoter Contract.
o SWAG OU reserves the right to accept or reject any contract for any reason, at its own discretion.
2.2 BENEFITS FOR DISTRIBUTORS
Once SWAG OU has accepted the Promoter's Application and Contract, the new Promoter can access the Compensation Plan and the Promoter Contract. These benefits include the right to:
o Purchase SWAG OU products and services at the price reserved for the Promoter;
o Participate in the SWAG OU Compensation Plan (receive bonuses and commissions, if they meet the requirements);
o Sponsor other people such as Customers or Distributors in SWAG OU 's activity, then create a sales team and try to access the next level of the Compensation Plan, promoting sales of SWAG OU products;
o Receive documentation and other communications from SWAG OU;
o Participate in SWAG OU sponsored support, assistance, training, motivation and recognition activities upon payment of dues, if applicable;
o Participate in competitions and promotional and incentive programs sponsored by SWAG OU for its Distributors;
o Promote the sale of SWAG OU products and services;
The Promoter's maintenance of a contractual relationship with SWAG OU or the acceptance of gains under the Compensation Plan or the acceptance of any other benefit under the Promoter's Application and Contract entails the acceptance of the Promoter Application and Contract, of these Rules and Procedures as well as of any changes to them.
2.3 RENEWAL OF THE CONTRACT
SWAG OU will charge Distributors an annual fee for the renewal of the mandate for an amount equivalent to € 100.00 in BTC. This amount is intended to reimburse SWAG OU annual expenses and costs related to certain services provided in relation to the mandate such as Promoter, including, but not limited to, reports on the Promoter's commercial organization, billing on behalf of the Promoter and accounting services. SWAG OU will automatically charge the commission on the credit card or bank account of the Promoter which will appear in the SWAG OU records on the expiration date of the Promoter's application. Distributors without a credit card or bank account will have to renew by phone or mail.
The annual renewal fee:
o It will automatically renew the subscription to SWAG OU publications, provided that, in any case, the Promoter meets the mandatory requirements established by the applicable laws and regulations;
o Renew the Promoter Contract and mandate of the Promoter (this implies the acceptance by the Promoter and the promise to respect the most updated version of the Rules and Procedures from time to time modified at the discretion of SWAG OU) and the maintenance of its line of sponsorship;
o Therefore, the Promoter will maintain its mandate and, therefore, the right to participate in the Compensation Plan; can use SWAG OU service assistance programs; participate in promotions and awards provided by SWAG OU ; will directly or indirectly promote sales of SWAG OU products and services; and will participate in corporate events.
SECTION 3 - MANAGING A BUSINESS AS A PROMOTER
3.1 ACTIONS BY THE HOUSEHOLD AND AFFILIATED PERSONS
In the event that a close family member (a spouse or a dependent spouse) of a Promoter performs any activity that, if carried out by a Promoter, would violate the provisions of the Promoter Contract, such activity will be deemed a violation by the Promoter.
3.2 COMPLIANCE WITH THE COMPENSATION PLAN
The Promoter must operate in compliance with the terms of the SWAG OU Compensation Plan, as defined in the official documentation. Distributors will not offer the opportunity through or in combination with any other proposal or promotional method not approved. Distributors must not request or encourage other Clients or Distributors, actual or potential, to enter SWAG OU in ways other than those envisaged by the program as defined in the official documentation. Distributors will not request or encourage Customers or Distributors to implement agreements or contracts other than SWAG OU 's agreements and contracts in order to become Distributors. Similarly, Distributors will not request or encourage other current or potential Customers or Distributors to make purchases or payments to any natural or legal person in order to participate in the Compensation Plan, other than purchases or payments identified as recommended or requested in the documentation official SWAG OU.
3.3.1 General information
Distributors must avoid any incorrect, deceptive, misleading, illegal, unethical or immoral conduct or practice in their marketing and promotion of SWAG OU, opportunity, compensation plan and products. All Distributors may only use sales tools and support materials produced or currently approved by SWAG OU. Sales, marketing and support materials include, but are not limited to, information on training and sponsorship, brochures, flyers, posters, postcards, letters, advertisements, etc. for the promotion of SWAG OU products and activities, as well as e-mail messages, voice message recordings, social media sites and websites used to advertise SWAG OU , its products, services or the Compensation Plan.
Any Promoter wishing to create their own sales tools, promotional material, advertising or other documentation (promotional material) must send a copy of the proposed materials to SWAG OU for review and approval before being able to use the information to promote its activity or the opportunity. Upon receipt of the proposed promotional material, SWAG OU will review the information to determine the adequacy of the form and content of the material. The revision of the promotional material proposed by SWAG OU will be subject to a review commission. SWAG OU will promptly inform the Promoter about decision by SWAG OU to approve or reject the material to be used in the promotion and support of the activities of SWAG OU. Distributors may only use materials that SWAG OU has expressly approved in advance. These materials cannot be sold with a profit in favour of the Promoter. It is the Promoter's responsibility to ensure that previously approved promotional material remains up to date. SWAG OU also reserves the right, in its sole discretion, to revoke the approval of any promotional material, and the Distributors waive all claims for compensation or remuneration deriving from or relating to such revocation.
3.3.2 Television and radio
Distributors are not permitted to advertise on television and radio in accordance with Regulation 3.3.1 where there is no explicit written approval by SWAG OU.
3.3.3 Requests for information from the media
Distributors must notify the Compliance Department of SWAG OU of all requests for information from the media that they receive. This will ensure that the general public receives accurate and consistent information regarding SWAG OU, its products and its activity.
3.3.4 Trademarks and copyright
This Promoter Agreement does not create any license or transfer the intellectual property rights held by SWAG OU.
o Distributors may not directly or indirectly use the trademark or trade name or company logo or domain name of SWAG OU to promote its independent business. Instead, they must use the "SWAG OU Independent Promoter" logo to promote their business, including in business listings. A reproducible copy of the logo can be requested directly from SWAG OU.
o Distributors must not answer the phone in any way that could indicate or suggest that the caller is speaking from a SWAG OU location.
o Distributors may not register or reproduce material directly or indirectly from any SWAG OU business function or event, speech or other.
o Distributors may not record, reproduce or copy directly or indirectly presentations or interventions by any spokesperson, representative, speaker, officer, director or other SWAG OU Distributors.
o Distributors may not reproduce or copy directly or indirectly any recording of a multimedia presentation produced by SWAG OU, including audio tapes, videotapes, CDs, etc.
o Distributors may not publish or have published, directly or indirectly, in any written or electronic medium, the name, photograph or portrait, material protected by copyright or property of individuals associated with SWAG OU, without express written authorization from the individual and / or SWAG OU .
o Distributors may not publish or publish directly or indirectly, in any written or electronic medium, materials protected by copyright or SWAG OU property, without express written permission from SWAG OU .
o Distributors may not use or attempt, directly or indirectly, to register or sell the trade names, trademarks, service names, service marks, product names or other derivatives of the same owned by SWAG OU, for any Internet domain name or e-mail address.
Exceptions to the above provisions can only be made with the prior written consent of SWAG OU.
Any authorization can be limited in time and with limited support. The authorization is valid only within the limits indicated and does not imply any right to the subsequent authorization.
3.3.5 Use of name, portrait and image of the Promoter,
The Promoter agrees to the use by SWAG OU of its name, testimonial (or other statements regarding SWAG OU , its products or opportunity in printed or recorded form, including translations, paraphrases, and electronic reproductions of the same), and image or portrait (products or register on photographic, digital, electronic, video or cinematographic media) in relation to the advertising, promotion and disclosure of the opportunity, products or events sponsored by SWAG OU or advertised by SWAG OU .
However, the Promoter may revoke its authorization at any time by giving written notice to Customer Service for Distributors. Revocation of the authorization does not apply to previous publications.
3.3.6 Advertised price
Distributors cannot create their own advertising or marketing materials that offer SWAG OU products at a lower price than the price lists applied by SWAG OU , in addition to shipping costs and applicable taxes.
3.3.7 Social Media
Distributors can use social networks (Facebook, Twitter, Instagram, etc.) for the following purposes:
o communicate their commitment with SWAG OU and other information about the company,
o provide users with approved web content, including the personal web page of the Promoter (Referral link),
o publish SWAG OU training tools and other approved content,
o participate in the following activities: promote upcoming meetings or events, advertise products by connecting to its shopping cart or any other approved material in order to encourage viewers to contact them for more information on the products or activity.
When promoting SWAG OU on social media it is essential that the SWAG OU Distributors comply with all the regulations relating to activities and product declarations.
Distributors must avoid posting something offensive, vulgar, defamatory, threatening, etc. as defined by SWAG OU, and must comply with the terms and conditions of the social networks on which they publish. Distributors are also prohibited from using the name of SWAG OU or registered trademarks used in the title / name of their Facebook, Twitter, etc. pages.
SWAG OU reserves the right to request a Promoter to remove any post that it deems inappropriate.
3.4 DECLARATIONS AND REPRESENTATIONS OF THE PROMOTER
3.4.1 Product declarations
Distributors cannot assert that SWAG OU products give profit levels other than those indicated in the official documentation
3.4.2 Statements of earnings
Distributors may not present projections or statements on earnings or disclose their earnings (including the presentation of bank statements) when presenting or discussing the opportunity or the Compensation Plan, except as provided in the official documentation.
A Promoter is fully responsible for all his verbal and / or written declarations concerning products, services and the Compensation Plan that are not expressly contained in the official SWAG OU materials and the Promoter undertakes to release SWAG OU from any claims for damages, or other costs, including legal fees, arising from any statements or actions taken by the Promoter that do not fall within the scope of the Contract. The provisions of this section survive the termination of the Agreement.
3.5 UNAUTHORIZED SPONSORSHIP
Distributors may participate in other direct sales or network or multilevel marketing activities (collectively referred to as "multi-level marketing") and in general other activities and the Promoter may undertake commercial sales activities related to the products and / or services of other companies, if you wish. However, Distributors are prohibited from engaging in unauthorized sponsorship activities, which include the following:
o Sponsorship or registration of SWAG OU Customers or Distributors for other multilevel marketing activities, directly or through third parties. This includes, but is not limited to, presenting or assisting in the presentation of other multilevel marketing initiatives to any Customer or Promoter, or implicitly or explicitly encouraging any SWAG OU Client or Promoter to join other activities. It is a violation of this legislation to sponsor or register a SWAG OU Customer or Promoter to another multilevel marketing activity, even if the Promoter does not know that the potential customer is also a SWAG OU Customer or Promoter;
o Production of any informative material, tapes or promotional material of any nature for another multilevel marketing activity, or which appears in or refers to or which allows the name or portrait of the Promoter to be represented or quoted in materials promotional, sponsorship or solicitation for another multilevel marketing company;
o Sale, sale offer or promotion of products or services competing with SWAG OU Customers or Distributors. Any product or service in the same generic category as a SWAG OU product or service is considered a competitor;
o Offer SWAG OU products or promote the SWAG OU Compensation Plan in combination with any non-SWAG OU activity plan, opportunity, product or incentive plan;
o Offer non-SWAG OU products or opportunities in conjunction with the product offer or Activity Plan SWAG OU or at any meeting, seminar, launch, convention or other SWAG OU event;
o Where a potential Promoter or Customer accompanies a Promoter to a SWAG OU meeting or function, no other SWAG OU Promoter may sponsor the potential customer to engage in SWAG OU activities or any other multilevel activity for a period of fourteen (14) days or except in the case where and up to the moment in which the Promoter who introduced the potential customer to the event signals to the other SWAG OU Promoter that the potential customer has chosen not to participate in SWAG OU and that the Promoter has ceased the sponsorship aimed at recruitment in SWAG OU , depending on which of the two events occurs first. SWAG OU reserves the right to withdraw the mandate from any promoter who violates this provision. Violations of this rule of law particularly damage the growth and sales of SWAG OU activities conducted by other Distributors as well as the activity of SWAG OU itself.
A Promoter who participates in any way in another multilevel marketing activity will not be able to access confidential customer information, including but not limited to the lists of customers included in the Virtual Office
3.6.1 Prohibition of promotion activities after termination of the contract
A former Promoter may not, directly or through third parties, solicit any SWAG OU Promoter to register for direct sales, network marketing or multilevel marketing programs for a period of one (1) year after the termination of a Promoter Contract entered into by a natural or legal person. This clause will survive the expiration of the Promoter's obligations towards SWAG OU, in accordance with the provisions of the Promoter Contract.
3.6.2 Genealogical Business reports
The SWAG OU Genealogical Business reports are confidential, contain trade secrets relating to proprietary activities and are the exclusive property of SWAG OU . Distributors are not allowed to use reports for purposes other than developing their SWAG OU business. Where a Promoter participates in other multilevel marketing initiatives, he will not be entitled to access the Genealogical Business Reports. The Promoter and SWAG OU agree that, subject to this confidentiality and non-disclosure agreement, SWAG OU will not provide Genealogical Business reports to the Promoter. During any period within the scope of the Promoter Contract and for a period of five (5) years after the termination or expiration of the Promoter Contract between the Promoter and SWAG OU for any reason, a Promoter may not, either for its own account or for account of other people, partnerships, associations, companies or other entities:
o disclose any information contained in the reports to third parties;
o use the reports to carry out activities in competition with SWAG OU;
o sponsor or solicit any Promoter or Client listed in the reports to participate in other multilevel marketing initiatives.
This provision will survive the termination or expiration of the Assignment Agreement.
3.7 PERSONAL DATA AND RIGHT TO PRIVACY
3.7.1 Personal information
From time to time it will be necessary to provide SWAG OU with information and personal data, also for purposes related to the mandate or the request to become SWAG OU Promoter, as indicated in the Promoter Application Form and Contract.
3.8 STATE OF THE INDEPENDENT CONTRACTING
The Distributors are independent contracting parties. The agreement between SWAG OU and its Distributors does not create any employer / employee, agency, partnership or joint venture relationship between the Company and the Promoter. All Distributors are required to pay their income taxes, except for the application of different rules.
3.9.1 Coverage of the activities carried out
You can get insurance coverage for your activities, at your own expense.
3.9.2 Risk taking
A Promoter is aware that while traveling to / from meetings, events, activities, workshops, retreats or gatherings, he works within the scope of his own independent activity and is in no way to be considered an employee, an agent and / or official of the Company, even if its frequency may depend, in whole or in part, on an invitation or agreement to participate by the Company itself. The Promoter assumes all the risks and responsibilities relating to such movements.
3.10 INTERNATIONAL SPHERE
The "Promoter" mandate allows a single person to carry out his / her activity in the European context. If a Promoter wishes to carry out activities in an authorized country other than the one in which Promoter is, he must comply with all the laws and regulations applicable in that country.
3.11 COMPLIANCE WITH LAWS
Each Promoter must comply with all the laws applicable to his Promoter activity.
The Promoter will also exercise good; practice practices and avoid any unfair or abusive behaviour. Any violation of these practices will constitute a violation of the Promoter Agreement.
3.12 A SINGLE MANDATE FOR PROMOTER
A Promoter can operate, receive compensation or have a property interest or be the beneficiary of only one Promoter mandate / contract with SWAG OU. However, without prejudice to this rule, the spouse can become a Promoter and operate as a Promoter where it is placed within the same group and not within the sphere of a traversal sales organisation. The second activity must be an independent activity in good faith that is managed personally by the person indicated in the Contract and who has signed this Agreement.
3.13 TERMINATION OF THE PROMOTER CONTRACT
The Promoter is not permitted to surrender his Contract to any person without the prior written approval of SWAG OU. To get the approval, you will need:
o Being a Promoter complying with all the requirements, as established by SWAG OU in its sole discretion.
o Before SWAG OU can approve the cessation, any debts that the Promoter has towards SWAG OU must be paid off.
o In order to perform the cessation of the Contract, the Distributors who carry out the cessation must comply with all the requirements and not be in breach of the terms of the assignment contract or of these Rules and Procedures.
o It is not allowed pairing of contracts / relations.
o SWAG OU will not authorize the transfer of a mandate to persons other than the current Promoter. Similarly, SWAG OU will not authorize the transfer of a mandate to a person who has previously been a SWAG OU Promoter.
o The promoter who makes the transfer must inform the SWAG OU Compliance Department of its intention to surrender the Contract by filling in and sending a Contract / mandate Transfer Form and an Application Form and Contract of the Promoter, both duly signed. The transfer of a mandate cannot give rise to any change in the sponsorship line.
If a Promoter dies or is incapacitated, his rights against any commission and bonus accrued will pass to its estate successors. In the event of death and / or incapacity, the mandate (and the related Contract) of the Promoter will end. In the event of death or incapacity, the successor (s) must present a certificate of death or incapacity to the SWAG OU Compliance Department together with certified copies of the documents (proof of succession) and in case one of the successors intends to become a Promoter, an Application Form and Contract of the Promoter duly signed.
It is the responsibility of each Promoter to pay the taxes due on any income generated as an independent Promoter. It is up to the promoter to receive the appropriate advice regarding their tax position.
3.16 PROMOTION VIA TELEPHONE AND E-MAIL
The use of any automatic telephone system of commercial promotion in connection with the marketing or promotion of SWAG OU, its products or the SWAG OU opportunity is strictly prohibited. The use of telemarketing operations with customer pressure systems to sell products or services by telephone or to sponsor distributors is strictly prohibited. Distributors will also be prohibited from sending unsolicited e-mail messages ("spam") to sell products or sponsor Distributors.
There are no exclusive territories for the promotion of SWAG OU products or services nor will any Promoter imply or declare to have an exclusive territory in which to market SWAG OU products or services.
3.18 TRADE FAIRS AND EXHIBITIONS
Distributors can present SWAG OU products at trade fairs and exhibitions, but all the information material presented during the event must be approved by SWAG OU and must clearly identify the person(s) as independent Promoter(s).
3.19.1 Conflict of sponsorship
Every potential Promoter has the ultimate right to choose their sponsor. As a general rule, it is considered that the first Promoter who carries out a profitable job with respect to a potential Promoter has a priority right towards sponsorship. The basic principles of common sense and consideration should regulate any controversy that may arise. In the event that a potential Promoter or any Promoter on behalf of a potential Promoter, submits to SWAG OU more than one Promoter Application and Contract, indicating a different sponsor for each application, the Company will consider the first Application and Contract received as valid, which will accept and will elaborate. Should questions arise concerning the sponsorship of a Promoter; the final decision will be up to SWAG OU.
3.19.2 Positioning changes
SWAG OU will not allow any change in the sponsorship line, except in the following circumstances:
o In the event that a Promoter has been fraudulently or not ethically induced to be part of SWAG OU;
o Where an incorrect positioning has been carried out due to an error by the Promoter, it will be possible to make a change in the sponsorship line to correct the error, where the change request is received within ten (10) days from the registration at the address email: [email protected]. If this request is made, it is also necessary to present the written consent of the sponsor together with the placement change commission. If at the time of the request another Promoter is already positioned in the hierarchical line below, no modification will be allowed in the sponsorship line. In the event that this change is approved, the commissions and bonuses accrued will be adjusted accordingly. In no case will a change of positioning be approved if no written request has been received from SWAG OU;
o If the Promoter terminates the Contract in writing, he may return under a Sponsor of his choice after a period of six (6) months. Following the termination of the Contract, the Promoter may, at its discretion, become a customer. In the event of termination of the Contract, the Promoter will lose all rights, bonuses and commissions accrued in its previous sponsorship line (except for the commissions accrued existing at the time of termination of the Contract). It will not be possible to avoid compliance with this legislation by using commercial names, pseudonyms, partnerships, spouse names, fictitious identification numbers (including tax identification number), etc. Furthermore, it is not allowed to avoid compliance with this regulation by allowing a previous Promoter to participate in any way in his activity as a Promoter;
o If the Promoter has been "inactive" (that is, it has not promoted any sale of SWAG OU products for a period of twelve (12) consecutive months), it may decide, at its own discretion, to remit its mandate in writing and to register again as a promoter with a sponsor of your choice.
3.19.3 Crossline raiding
Crossline raiding is strictly prohibited. "Crossline raiding" means the recruitment or attempted recruitment of a person who already has an active Promoter Contract with SWAG OU, or who has signed this contract in the six (6) previous calendar months within a different sponsorship line. The use of trade names, names of spouses or fictitious identification numbers (including tax identification number) to circumvent this regulation is prohibited. Distributors may not defame, discredit or disparage other SWAG OU Distributors in an attempt to entice another Promoter to join the first Promoter team.
3.20 LESIVE CONDUCT DECEPTIVE PRACTICES
Distributors must correctly and truthfully explain the products, the opportunity, the compensation plan and the SWAG OU Regulations and Procedures to potential Distributors. This includes:
o Be honest and comprehensive in presenting the material relating to the SWAG OU compensation plan to all potential Distributors;
o To clarify that the possible gains deriving from the SWAG OU Compensation Plan are based on the promotion of product sales and not on the mere sponsorship of other Distributors;
o Make estimates of possible income based on reasonable forecasts for what an average promoter is able to obtain under normal circumstances;
o Explain that past earnings achieved in a given set of circumstances do not necessarily reflect future earnings;
o Do not provide a misleading picture of the amount of expenses that an average promoter can sustain in carrying out the activity;
o Do not provide a misleading picture of the amount of time an average promoter should devote to the activity to try to reach the estimated incomes, and not declare that the earnings are guaranteed for each individual promoter;
o Do not state or imply that you are willing to build a sales team for anyone else;
o The opportunity is open to all, without any consideration of gender, of real or presumed belonging to a racial, ethnic, religious or spiritual group or political opinion. Therefore, the Distributors will abstain from any form of commingling between the commercial activity and one or more of the private aspects mentioned above.
o Never claim that any consumer or institution / institution has approved or supported SWAG OU products or its Compensation Plan; is
o Distributors should avoid confusing issues related to business with private matters.
Manipulation of the compensation plan is not permitted and may result in disciplinary action.
The manipulation of the Compensation Plan includes, but is not limited to, that a Promoter purchases, in such a way as to be entitled to degrees or commissions, large volumes of product, placing orders with other sponsorship lines in his team and any other action that may be in violation of local and / or international laws that prohibit pyramid schemes. Such manipulations may, at the discretion of SWAG OU, result in the suspension of commissions and termination of the contract.
If any conduct by a Promoter is deemed by SWAG OU to be detrimental, harmful or dangerous for SWAG OU or for other Distributors, SWAG OU may take appropriate measures against the Promoter, as defined in Section 8.
SECTION 4 - RESPONSIBILITIES OF DISTRIBUTORS AND SPONSORS
4.1 CONTINUE MONITORING, TRAINING AND VERIFICATION OF SALES
Any Promoter that sponsors another Promoter to join SWAG OU will have to take on the training of the new Promoter as regards knowledge, effective sales techniques, the law that regulates the home sales sector, the Compensation Plan and the Rules and Procedures. Distributors must also monitor the Distributors of their team in order to ensure that they manage their business in a professional and ethical manner, that they promote sales adequately and provide a quality service to the customer. As the Promoter progresses through the different levels of leadership, it will increase its responsibilities towards the training and motivation of the team members. When sponsoring or registering a new Promoter, it is the responsibility of the sponsoring Promoter to ensure that the Applicant has or is provided with online access to the most up-to-date version of these Rules and Procedures as well as to the SWAG OU Compensation Plan before signing the Promoter Agreement.
4.2 AGREEMENT OF MUTUAL RESPECT
By committing to set an appropriate example for their team, the Distributors will not discredit other SWAG OU Distributors, nor SWAG OU products, the Compensation Plan or Company employees. Failure to comply constitutes a substantial violation of these Rules and Procedures.
4.3 REPORTING OF REGULATION VIOLATIONS
Distributors must report any violations they encounter to the SWAG OU Compliance Department.
SECTION 5 - SALES REQUIREMENTS
5.1 PRODUCT SALES
The SWAG OU Compensation Plan is based on the sale of SWAG OU products and services to end consumers. Distributors will be entitled to sales commissions based on the applicable Compensation Plan.
5.2 CUSTOMER RECEIPTS
The sales agreements are stipulated directly by SWAG OU, which delivers to end consumers the products purchased by such consumers.
5.3 PROHIBITION OF THE PURCHASE OF PRODUCTS IN EXCESSIVE AMOUNT
SWAG OU strictly prohibits the purchase of products in unreasonable quantities for the sole purpose of manipulating the compensation plan.
A Promoter will not be able to request or accept money as a deposit for a promoted sale. The price of the products sold is payable only when the purchase order is issued or after the withdrawal period of fourteen (14) days has expired.
SECTION 6 - BONUSES AND COMMISSIONS
6.1 BONUSES AND COMMISSIONS
SWAG OU pays commissions accrued on a monthly basis. A promoter must check their commissions and report any errors or discrepancies to SWAG OU within thirty (30) days from the date of payment. In the event that errors or discrepancies are not reported to SWAG OU within the thirty (30) day period, the Customer will be deemed to have relinquished it.
6.2 ADJUSTMENT OF BONUSES AND COMMISSIONS
Distributors are entitled to commissions and bonuses based on the promotion of product sales to end consumers. As a result, SWAG OU will adjust the commissions and bonuses earned from any sales promoted when the Promoter or any other final consumer returns the product sold for a refund. SWAG OU will deduct the sales volume attributable to the product returned from the volume of the group upstream of the Promoter within the first two (2) weeks following the repayment date.
6.3 LOSS OF COMMISSION RIGHTS
To be eligible to receive commissions or bonuses, the Promoter must be active (see section 5.1), actively participate in the creation of its lower line during each cycle (section 4.1) and comply with the Promoter Agreement.
In accordance with the regulations, the commissions are the result of an activity and effective training.
6.4 UNCLAIMED COMMISSIONS AND CREDITS
Credits are positive balances on an account of a customer. A customer or Promoter with a credit will be informed by SWAG OU in writing with instructions for following the unclaimed credit procedure. A Promoter wishing to apply for a credit must submit his request in writing and then return it to SWAG OU by e-mail.
6.5 SUSPENDED PAYMENTS AND RE-ACTIVATED PAYMENTS
SWAG OU will charge a fee for any request to suspend payments.
SECTION 7 - WARRANTIES OF PRODUCTS, RETURNS AND REPURCHASE OF STOCKS
7.1 LEGISLATION ON RETURNS WITHIN FOURTEEN (14) DAYS
SWAG OU guarantees its Customers the rights to return the product referred to in this Section. 7.1.2, as follows.
SWAG OU offers its customers a 100% money back guarantee within fourteen (14) days from the initial order of the product. If, for any reason, a Customer is not satisfied with a SWAG OU product, he may return the product to the Company within fourteen (14) days for the replacement, exchange or full refund of the purchase price. After a period of fourteen days immediately following the initial purchase, the relative refunds of the returned products will be made pursuant to Section 7.2. In addition, the Company will adjust the Promoter's sales volume based on section 6.2.
Within fourteen (14) working days from the acceptance of a mandate, the Promoter may withdraw from it, without any penalty or liability and without any reason, with written notice, by e-mail. In that case, he must return to SWAG OU, at the expense of the Promoter, any product and / or demonstration materials purchased in relation to this mandate. Upon receipt of these Products and sales aids SWAG OU will reimburse the Promoter for any amount it may have paid, provided that such Products and sales aids are intact. SWAG OU will credit the wallet that the Promoter has indicated the amount of the repayment in the registration phase, within 90 days of the request.
The Company will adjust the volume of sales of the Promoter under section 6.2. Moreover, SWAG OU will be able to deduct from the amount of the reimbursement any commission or bonus that the Promoter may have received as a result of the products that it and / or its customers (including Customers) are making.
SECTION 8 - SETTLEMENT OF DISPUTES AND DISCIPLINARY MEASURES
8.1 DISPUTES BETWEEN DISTRIBUTORS
8.1.1 Disputes and complaints
When a Promoter has a dispute or a complaint against another Promoter regarding any practice or conduct concerning his SWAG OU activities, the Promoter making the report should first discuss the problem with the other Promoter. Where this does not solve the problem, the Promoter who makes the report should report the problem to his sponsor to try to solve the problem locally. If the matter cannot be resolved, it must be reported to the SWAG OU Compliance Department. The Compliance Department will review the dispute and make a decision. The dispute should identify specific cases of alleged improper conduct and, as far as possible, identify the dates on which the disputed event (or events) took place, the place where they occurred and all the people who can claim first-hand knowledge of improper conduct.
8.1.2 Verification by the Compliance Department
Upon receipt of a written complaint, the SWAG OU Compliance Department will investigate the matter, review the applicable regulations and make a decision on how to resolve the dispute. At its sole discretion, SWAG OU may suspend its mandate during the investigation if the evidence is sufficiently serious and substantiated. If SWAG OU has suspended a mandate during an investigation and, after the investigation is closed, the survey results show that the Promoter did not place itself in violation of the Promoter Contract, SWAG OU will promptly pay Promoter the commissions generated in the period in which its mandate and its sponsorship line were suspended, plus interest at the legal rate applied by SWAG OU. The Compliance Department may also issue disciplinary sanctions consistent with the provisions of section 8.3.
8.2 JURISDICTION, SEAT AND CHOICE OF THE RIGHT FOR DISPUTES BETWEEN SWAG OU AND DISTRIBUTORS
8.2.1 The Contract and the related mandate as Promoter will be regulated and interpreted in accordance with the laws of the State of Estonia. In relation to any issue not expressly contemplated in this document, the applicable legislation is adopted.
8.3 DISCIPLINARY ACTIONS
Violation of any of the terms and conditions of the Promoter Agreement or any illegal, fraudulent, deceptive or unethical conduct by a Promoter may result, at the discretion of SWAG OU, in one or more of the following penalties:
o a verbal or written warning that clarifies the meaning and application of a specific regulation or procedure, in which it is signaled that a continuous violation will give rise to further sanctions;
o testing, to invite the Promoter to take corrective action and will include monitoring by SWAG OU in the end to verify compliance with the Contract;
o withdrawal or cancellation of a prize or recognition, or limitation of participation in events sponsored by SWAG OU for a specified period of time or until the Promoter does not fulfil certain conditions deriving from the violation by say Promoter of the image or interests of SWAG OU;
o Suspension of certain promoter privileges, including, but not limited to, participation in SWAG OU programs, progress in the Compensation Plan, or participation as a Sponsor, for a specified period of time or until the Promoter fails to will fulfil certain conditions specified by SWAG OU with regards to the case in question; in particular in the event of termination of the activity and formation of the underlying hierarchical line of the Promoter. Termination of the appointed contract at the discretion of SWAG OU.
SECTION 9 - ORDERS ISSUE
9.1 ORDERING METHODS
Distributors - as well as end consumers - can place orders via Internet.
9.2 PURCHASE OF SWAG OU PRODUCTS
Each Promoter must purchase his products directly from SWAG OU to receive the sales volume associated with this purchase. Resale of products between Distributors is strictly prohibited.
9.5 RULES ON ORDERS OF PRODUCTS NOT AVAILABLE
The Promoter must verify with SWAG OU that the ordered products are available.
In the event that a product is not available, SWAG OU could offer a replacement product of equal value to the Promoter.
SECTION 10 - PAYMENTS
10.1 PAYMENT METHODS
SWAG OU EXCLUSIVELY accepts Bitcoin. In the event that the charge is refused, the order will not be accepted. The use of the wallet of someone else without its express written consent is prohibited and may be grounds for the non-voluntary termination of the Contract.
SECTION 11 - SERVICES FOR DISTRIBUTORS
11.1.1 General information
Each Promoter must immediately notify SWAG OU of all changes to personal information given at the time of registration.
11.2 GENEALOGICAL BUSINESS REPORTS AND EXTRACTS ACCOUNT OF COMMISSIONS
11.2.1 Genealogical Business reports
Genealogical Business Reports are optional and contain secret commercial information that is owned by SWAG OU. Refer to section 3.6.2 for restrictions on the use of these reports.
11.3 ERRORS OR QUESTIONS
In the event that a Promoter has questions or believes that errors have been made in connection with commissions, bonuses, Genealogical Business reports, orders, charges or information on placements, the Promoter must inform SWAG OU through Customer Support within thirty (30) days from the date of the alleged error or incident in question. SWAG OU will not be liable for errors, omissions or problems not reported within thirty (30) days.
If you have questions regarding shipments, orders, commissions and bonuses or the Compensation Plan, please write or call Customer Service for Distributors.
SECTION 12 - RULES ON INACTIVITY AND TERMINATION OF THE CONTRACT
12.1 NON-VOLUNTARY TERMINATION OF THE CONTRACT
The mandate and the contract of a promoter may be terminated at any time and will, by either party. The termination of a contract will result in Promoter losing all rights to his team and any prizes and commissions they generate. A Promoter whose Contract has been terminated voluntarily will not receive commissions and bonuses related only to the last full calendar week before termination. Following the termination of the Contract, the Promoter may also request payment of all sales commissions and / or bonuses accrued up to the date of termination of its Contract.
In the event of the non-voluntary termination of a Contract, the Promoter will be informed by registered e-mail address. Termination will be effective from the date on which the Promoter receives the notice in writing. In the event of such non-voluntary termination, the Promoter must immediately cease to present itself as a SWAG OU Promoter.
The Promoter may appeal to the SWAG OU Compliance Department. The appeal of the Promoter must be produced in writing and must be sent by e-mail to [email protected] within fifteen (15) calendar days from the date of the letter terminating the contract sent by SWAG OU. If SWAG OU does not receive an appeal within the fifteen (15) days period, the above termination will be considered final. The Promoter must present all the supporting documentation attaching it to the correspondence relating to the appeal. The written appeal will be examined by the Compliance Department. If the Promoter lodges an appeal against the termination in due time, the Compliance Department will review and reconsider the termination, consider any other appropriate action and communicate its decision in writing to the Promoter. This decision by the Compliance Department is final. The promoter to whom the contract was terminated may challenge this resolution with the competent court.
A Promoter whose Contract is terminated voluntarily may once again apply to become a Promoter after twelve (12) calendar months from the date of termination. Any Promoter wishing to resubmit the application must send a letter to the Compliance Department of SWAG OU indicating the reasons why it believes SWAG OU should allow it to operate again as a Promoter. It is at the sole discretion of SWAG OU to allow such subject to operate again as SWAG OU Promoter. In case of acceptance, the Promoter will not be able to receive any benefits from his previous sales organizations.
12.2 TERMINATED CONTRACT TERMINATION
A Promoter or a Client may withdraw from their Contract with SWAG OU at any time and for any reason, providing written notice to SWAG OU by sending an e-mail to [email protected] indicating their intention to terminate their relationship and status.
12.3 EFFECT OF THE TERMINATION OF THE CONTRACT
Following the termination of the Promoter Contract due to any cause, this former Promoter will have no right, title, claim or interest towards his sales team with which he worked or any bonuses and / or commissions from sales promoted by the team after the date on which the resolution becomes effective. Following the termination of the Promoter contract, the former Promoter can no longer be considered a SWAG OU Promoter, he will not have the right to promote the sale of SWAG OU products or services, he will have to remove any SWAG OU symbol visible to anyone, he will have to stop using it of any other material bearing the SWAG OU logo, trademark or service mark.
A Promoter after the termination of the contract will only receive the commissions and bonuses related to the last complete calendar cycle before the termination in question unless the funds are withheld by the Company during an investigation period. If an investigation into the conduct of the promoter entails the non-voluntary termination of his contract, he will not be entitled to recover the commissions and bonuses held if SWAG OU declares that the Promoter is at least equally responsible for the damage. At its request, a Promoter who voluntarily terminates his Contract may become a Client by signing a Contract with SWAG OU as a Customer.
SECTION 13 - MINING
13.1- the promoter cannot indicate or fix to the proposed computational power package a countervalue in FIAT currency, the value of which is determined in Bitcoin at the time the purchase order is made.
13.2- The promoter cannot indicate a percentage of income on the purchase of the computational power package.
The purchase package provides for the crediting of a fixed fee in bitcoin displayed at the time of purchase of the package itself.
13.3- SWAG OU does not sell financial products dedicated to public savings. SWAG OU sells only computational power.
SECTION 14- POLICY (APPLICABLE ONLY TO DISTRIBUTORS BELONGING TO THE EUROPEAN UNION)
Information to the interested party pursuant to Article 13 EU Regulation n.2016 / 679
PURPOSE OF THIS SECTION
This section describes the ways in which SWAG OU collects and processes the personal data of the Distributors pursuant to the Data Protection Regulation ("GDPR"; EU Regulation n.2016 / 679) and applicable national regulations, as well as from time to time in time modified.
Please read the following carefully to understand our procedures regarding the collection and processing of personal data when they sign the relevant Promoter Agreement.
For the purposes of the aforementioned legislation, SWAG OU is the data controller and is responsible for personal data according to the provisions of the GDPR rules UE n.2016/679 and applicable national regulations (hereinafter collectively, the "Data Protection Legislation").
14.1 HOW ARE DISTRIBUTOR DATA COLLECTED?
SWAG OU will collect some personal data of the Distributors (in particular, the data through which the latter can be - directly or indirectly - identified) through the authorized channels of SWAG OU, including the aforementioned Promoter Contract, online platforms, communications electronic and SWAG OU official material provided to Distributors.
14.2 WHICH PERSONAL DATA ARE COLLECTED?
SWAG OU can collect different types of personal data, grouped as follows:
o Identity, including the name, surname, "user name" or an identifier; the Tax Code; the VAT number (if existing); the Civil Status; the date and place of birth; nationality and citizenship; sex and language(s) spoken.
o The contact details, which include: the billing address, the residential address and the shipping address of the products purchased; e-mail address and telephone numbers (including cell phone number).
o The bank account number held by the Promoter; the credit card data of the latter; in certain circumstances, the income tax return of the Promoter.
o The "Operations Data" concerning the Promoter, including the data made by the Promoter and / or in favour of the latter, as well as additional information and details relating to the products and services purchased by the Promoter.
o The "Technical Data", which include the "IP" address, the "login" data of the Promoter, the type and version of the browser, the time zone and location, the browser types and versions of "plug-in", the operating system and the platform, as well as the other technologies used on the devices through which you access the SWAG OU website and other online services.
o "Profile Data", including the username and password, interests, preferences, feedback and survey responses provided by the Promoter.
o The "Usage Data", which includes information about the ways in which the Promoter uses the SWAG OU website, as well as the latter's products and services.
o The "Marketing and Communication Data", which include the preferences of the Promoter regarding the receipt of commercial communications by SWAG OU and / or third parties, as well as the preferences expressed by the Promoter regarding the channels for sending such communications. The Promoter will from time to time be asked to express his consent where necessary.
It is also possible that aggregate data, such as statistics or demographics (the "Aggregate Data"), may be compiled. The "Aggregate Data" can be taken from the Promoter's personal data, but they are not considered personal data pursuant to the law as they do not reveal, directly or indirectly, the identity of the same.
14.3 HOW DO WE USE PERSONAL DATA? LEGAL BASIS OF TREATMENT
SWAG OU has the right to process the personal data of the Promoter for the purposes necessary to the conclusion, management and implementation of contractual agreements with the Promoter, including the Promoter Contract, the ancillary agreements to this and any contract whose object is the purchase of products and / or services by the Promoter, in order to fulfil the legal obligations connected to these contracts. This includes the processing of the detailed data Promoter for purposes related to the management of purchase orders and, in general, administrative aspects, including the right to receive compensation and the related payments of the latter pursuant to the Compensation Plan applicable to the Promoter.
SWAG OU can process the Promoter's personal data in order to pursue its legitimate interests, without prejudice to the fact that these interests do not affect the Promoter's privacy rights. This includes the processing of data for commercial and marketing purposes, development of business activities (commercial), statistics and management of the existing relationship, including the analysis and traceability of transactions and the creation of marketing profiles for the purpose to allow SWAG OU to be able to operate better in the Promoter service.
SWAG OU has the opportunity to process the Promoter's data for certain additional purposes, subject to the prior consent of the Promoter.
SWAG OU has the right to process the Promoter's personal data on more than one legal basis, and based on the specific purpose for which the personal data are used.
14.4 PURPOSE FOR WHICH THE PERSONAL DATA IS TREATED
Where permitted by applicable law, SWAG OU uses the personal data of the Promoter for the following purposes:
o Take charge and evaluate the appointment request to Promoter;
o Taking charge of and processing purchase orders for products and / or services, as well as communicating the processing status of the orders to the Promoter;
o Draw up and prepare reports relating to downlines or other reports on the activity, including reports relating to commissions and bonuses accrued and of the Promoter downline in question;
o Billing the aforementioned commissions and bonuses on behalf of the Distributors;
o Provide the Distributors with some services, such as - for example - planning and meetings and training events;
o Fulfilment of any legal obligation and in case of investigation and / or verification by the competent Authorities, including Public Security;
o Development and implementation of the Rules and Procedures applicable to the Promoter, as well as marketing plans and / or strategies;
o Administrative and accounting management of payments in favour of the Promoter.
Failure to consent to the processing of personal data by the Promoter for the purposes indicated above will not allow SWAG OU to enter into any contract with the Promoter, nor to manage any contracts with the latter and to fulfil the contractual and / or legal obligations connected to these contracts.
I the undersigned Promoter:
[ ] I AGREE
 I DENY CONSENT
To SWAG OU processing, of my personal data for the purposes mentioned before.
SWAG OU may, also, process and use the personal data of Promoters for the following purposes:
o Publication of personal data in SWAG OU newsletters, promotional material and communications and within the company;
o Provide references.
Failure to consent to the processing of professional data by the Promoter for the purposes indicated above will not constitute an impediment for SWAG OU to enter into and manage contracts with (and consequently comply with any legal or contractual obligation), but solely to carry out the activities mentioned above.
The undersigned Promoter:
[ ] I AGREE
 I DENY CONSENT
To SWAG OU processing, of my personal data for the purposes mentioned before
SWAG OU will process the Financial Data of the Promoter exclusively for the purposes of billing the commissions and the bonuses due to it, as well as for the prevention of fraud.
14.5 TRANSMISSION OF PERSONAL DATA TO THIRD PARTIES
SWAG OU may, for the aforementioned purposes and where permitted by law, transmit personal data to third parties, such as:
o SWAG OU employees and associated companies and / or affiliates that need access to the personal data of the Promoter in the performance of the tasks incumbent on them and in order to comply with the obligations provided by the laws and regulations in force;
o Agents, consultants, suppliers, or third parties that offer shipping services, payment processing, web tools, fraud prevention, administrative, marketing, promotional, printing, or other services, in favour of SWAG OU and / or the associated and / or affiliated companies, including distribution centres, auditors, trustees, insurance companies and actuaries;
o Sponsors and Upline leaders who may need to access the personal information of downline Distributors in order to monitor sales activity and commercial development within their sales groups.
o Any Entity and / or Authorities, including Public Security and / or Supervisory Authorities, in order to comply with legal and regulatory obligations, the Tax Authorities and competent tax payers, the Regulatory Authorities, as well as other Public Offices (including the municipal offices and the safety authorities).
o Lawyers, bankers, auditors, accountants and / or insurers who provide consultancy to SWAG OU , as well as banking, legal, insurance and accounting services.
o Any consultant and / or agent appointed by SWAG OU and / or its affiliated and related companies the purpose of planning, managing and administering payments to Distributors.
SWAG OU may disclose any information, including personal data, to third parties as a result of, or in view of, a possible sale, merger, change of control, sale of company assets, restructuring and / or putting SWAG OU into liquidation. Where this occurs, SWAG OU will take any and all appropriate measures to ensure the security of personal data is maintained in accordance with this Policy and Data Protection Legislation. New owners may use personal data as set forth in this Policy.
The third-party service providers to whom Personal Data are transmitted are required to adopt adequate security measures to protect the data. Such third parties are not permitted to use the personal data transmitted to them for their own purposes and not included in those indicated above. Such third parties are only permitted to process personal data for the purposes specified and in compliance with the instructions provided by SWAG OU.
14.6 TRANSFERS ABROAD OF PERSONAL DATA
Personal Data may be stored and processed in other countries in which SWAG OU operates for the purposes indicated in this Section 14. SWAG OU has its headquarters in Estonia, inside the European Economic Area ("EEA"); SWAG OU , as the owner of personal data, will treat the latter in the USA in compliance with current EU legislation on the protection of personal data.
If personal data is transferred outside the EEA, SWAG OU ensures that an equivalent level of protection is offered; ensuring that at least one of the following protection measures is implemented:
o The transfer of personal data will be carried out exclusively to countries that the European Commission has recognized as being able to provide an adequate level of protection of personal data. For further details consult the following European Commission reference: Adequacy of personal data protection in non-EU countries.
o Where certain service providers are used, SWAG OU will use specific agreements and contractual clauses, approved by the European Commission, able to provide the same guaranteed protection in Europe. For further details see the following European Commission reference: Contract templates for the transfer of personal data to third countries.
o Where SWAG OU operates with non-European resident suppliers, the aforementioned agreements and contractual clauses approved by the European Commission will be used, or the data will be transferred to them if they are part of the Privacy Shield, which, as described above, requires providing protection similar to that guaranteed to the personal data shared between Europe and other Foreign States.
Please contact the "Data Protection Officer" at the addresses listed below if further information is required regarding the methods used to transfer personal data outside the EEA.
SWAG OU has taken appropriate security measures to reduce the risk of accidental loss, improper use, unauthorized access to, alteration and / or dissemination of personal data collected. SWAG OU also limits access to personal data only to those who are required to know the same for purposes related to the activities carried out by them. These subjects will limit themselves to the processing of the personal data of the Promoter on the basis of the instructions provided by SWAG OU and remaining bound by the obligation of confidentiality. SWAG OU has also put in place procedures to deal with any suspicion of personal data breach and will inform the Promoter and the Control Authority about any suspected violations where this is a legal obligation.
14.8 DATA STORAGE
SWAG OU will store personal data for the time necessary to achieve the purposes for which the data was collected. This storage period is determined by the duration of the contractual relationship of the Promoter with SWAG OU; in any case, personal data will be stored by SWAG OU for as long as required by applicable laws and regulations.
In order to determine the correct period of storage of personal data, SWAG OU takes into consideration the quantity and nature of the personal data collected, the potential risk of damage resulting from the use and / or unauthorized disclosure of the data, the purposes for the which data are processed and the possibility of achieving these purposes through other means, as well as the provisions of the applicable law on the matter.
In certain circumstances, SWAG OU can make anonymous or create pseudonyms so that they can no longer be associated with the Promoter, in which case SWAG OU can use this information without giving prior notice to the Promoter.
14.9 PROMOTER RIGHTS
The Promoter will have the right, pursuant to Articles 15 to 21 of the GDPR, to:
o Ask to have access to your personal data. This will allow the Promoter to receive information about the personal data held by SWAG OU and to check that they are treated according to the law.
o Request the correction and / or correction of your personal data. This will allow the Promoter to have any incomplete and / or incorrect data held by SWAG OU corrected and / or corrected.
o Request the deletion / deletion of your personal data held by SWAG OU. This will allow the Promoter to request SWAG OU to delete / delete personal data if there is no valid reason for SWAG OU to continue processing it. The Promoter will also have the right to ask SWAG OU for the elimination and / or cancellation of his personal data if the right to oppose the processing of the same has been exercised, as indicated below.
o Oppose the processing of personal data if the processing is based on a legitimate interest of SWAG OU (or third parties) and there are circumstances and / or reasons, in this specific case, that induce the Promoter to oppose the processing.
o Revoke the specific consent to the processing of personal data previously provided. In cases where the Promoter has given its consent to the collection, processing and transfer of personal data for specific purposes (for example, in relation to direct marketing as it indicated that it wishes to receive such type of communications from SWAG OU ), the Promoter will have the right to withdraw its consent for that specific treatment. You can exercise this right at any time by contacting SWAG OU by e-mail at the address indicated below. Once received communication
of the revocation of the consent by the Promoter, SWAG OU will cease the processing of the data for the originally authorized purpose (s), provided that there is no legal basis to continue such processing.
o Ask to limit the processing of your personal data. This will allow the Promoter to ask SWAG OU to suspend the processing of the data, for example if they wish to ascertain the correctness and / or the reason for the processing itself.
o Request the transmission of personal data to third parties.
Where the Promoter wishes to receive further information regarding this Information and / or exercise its rights, please contact SWAG OU , complete the data protection request form found in the Privacy Statement at the bottom of the page www.swagyourlife.com or by communication to be sent to the e-mail address: [email protected]
If the Promoter does not consider satisfactory the response to it communicated by SWAG OU,or believes that the processing of personal data is not carried out in compliance with the law, the same may present a specific complaint to the competent Supervisory Authority.
14.11 PERSONAL DATA OF CUSTOMERS AND OTHER DISTRIBUTORS TO SWAG OU SALES.
The Promoter recognizes and accepts that if, in carrying out its role as SWAG OU Promoter, it collects and / or comes into possession and / or processes the personal data of SWAG OU customers - even potential ones - or of other third parties, including the data of others Sales Distributors (hereinafter, also the "Personal Data of Third Parties"), the Promoter will process such data as the controller on behalf of SWAG OU (data controller), limited to the purposes and with the methods / means indicated by SWAG OU , and, in any case, in compliance with these "Rules and Procedures" (which constitute the instructions of SWAG OU as the data controller), unless the Promoter is required to process the personal data of third parties pursuant to the laws in force on data protection.
The Promoter may only process the personal data of third parties collected through the official channels and / or materials approved by SWAG OU (such as the Customer Order Form) provided to the Promoter. The Promoter may process personal data of third parties only for the purposes connected with the performance of his SWAG OU Promoter activity, in accordance with the provisions of the Privacy Statement contained in the official SWAG OU channels and / or materials.
The Promoter guarantees that he has put in place all the appropriate security measures, verified and approved by SWAG OU, to protect himself from the risk of unauthorized and / or unlawful processing of personal data of third parties and accidental loss and / or destruction and / or damage to these data. The Promoter will communicate to SWAG OU as soon as possible, and in any case within twenty-four (24) hours from when it became aware of it, any data breach involving third party data and will support SWAG OU in providing answers in case of violation of the data, and / or of any request by a data subject, including the exercise of the rights of the data subject and in providing proof of compliance with the current legislation on the protection of personal data. The Promoter will be required to register the data processing operations carried out by the Promoter in the appropriate register provided by SWAG O .
The Promoter will not be able to transfer personal data of third parties outside the European Economic Area, except by uploading them for storing the data on secure servers of SWAG OU. The Promoter has the right to appoint third parties for the treatment of any personal data.
Upon termination of the Promoter Contract for any reason and / or reason and / or reason, the Promoter, in compliance with the written instructions provided by SWAG OU, will cancel any personal data of third parties, unless it is necessary to keep the data in accordance with the law regarding data protection even beyond the aforementioned termination.
SECTION 15 - DEFINITIONS
Promoter - A person who has registered as a Promoter and who has been accepted by SWAG OU. Distributors are required to meet certain requirements and are responsible for the training, motivation, support and development of Distributors in their respective teams. The Promoter cannot fail in this obligation or delegate others to avoid it. It should be emphasized that there is no subordination relationship of any kind between a Promoter and any member of his team.
Termination - The termination of the Promoter Agreement or the Customer Agreement for an individual. The termination can be voluntary or non-voluntary.
Non-voluntary termination - The termination of a Promoter Contract initiated by SWAG OU.
Voluntary termination - The termination of a Promoter or Customer Contract by a Promoter or a Customer who decides to terminate the relationship with SWAG OU for any reason.
Products subject to commissions - All SWAG OU products on which commissions and bonuses are paid.
Company - the term "Company", as used in the course of these Rules and Procedures, and in all SWAG OU literature, has the meaning of SWAG OU.
Promoter Contract - The term "Promoter Contract", as used in the Rules and Procedures, refers to the acceptance by the Promoter of the SWAG OU Rules and Procedures and the Compensation Plan during registration.
Customer - A person who purchases SWAG OU products and services for the purpose of using them personally.
Genealogical Business Report - A report generated by SWAG OU that provides important data relating to the identities of Distributors and sales information from each sales team of the Promoter. This report contains confidential trade secrets.
Virtual Office - The Virtual Office that the Promoter can use for the purpose of managing his business, reporting, commissions management and access to the online shop for the purchase of products.
Group sales volume - The commissionable volume of SWAG OU products generated by the sales team of a Promoter. The Group Sales Volume does not include the individual Sales Volume of the individual Promoter.
Household (Family Unit) - A Promoter, its spouse and dependent children.
Level - The levels of Distributors in a given team of a Promoter. This term refers to the relationship of a Promoter with respect to a particular Promoter of the upper line, determined by the number of Distributors among them who are connected through a sponsorship.
Official SWAG OU material - Documentation, audio CD or DVD and other materials developed, printed, published or distributed by SWAG OU.
Personal Sales Volume (PSV) - The commissionable value of products promoted directly by a Promoter on behalf of SWAG OU that have generated a purchase order.