WHO ARE WE?
Okyrie Enterprises Inc, 2160 Huntington Ave, S. Pasadena, CA 91030
PURPOSE OF THIS POLICY
Federal law requires us to inform users of our website what personal information we collect, why we collect it, how we protect it, and how we may share it.
Last updated Feb 1, 2017
WHAT PI DO WE COLLECT?
Depending on the service you are accessing, you may be asked to provide any of the following information at various times:
Contact phone number
Cell phone number
Age/year of birth
Social Security number
Drivers license number
Credit card account info
Military and Veteran Status
WHY DO WE COLLECT PI?
We request this information to deliver on the services you are requesting and to allow us to provide you with a personalized online experience. We may also collect your information on behalf of third parties who have contractual exclusive use of your information for their business purposes.=
WHEN DO WE COLLECT PI?
When you fill out forms
When you request information
When you submit an order for products, services or campaign/project contributions
When we acquire information about you from a third party that has obtained your permission to share
GENERAL USE OF PII
This policy may be updated from time to time. Please review this policy each time you use the Company’s website for the most current policy available.
The Company may use PII to provide promotional offers, education services, or call you to follow up on your information requests. The Company may complete this by means of email advertising, telephone marketing to the telephone number you have provided, direct mail marketing, online banner advertising, and package stuffers, among other possible uses. Details are provided in a later section of this policy.
By submitting your email address on this site, you agree to be contacted in accordance with the terms of this policy.
We use PII to provide other businesses promotional offers by email to individuals. We may maintain separate email lists for different purposes. If you receive email from us and wish to end your subscription, follow the instructions at the end of each email to unsubscribe from that particular list.
This process impacts only the future delivery of emails disseminated by the Company on its own behalf. You may still receive emails sent on behalf of third parties, and your personal information may still be shared with third parties for use in offline marketing and data appends, including email appends.
Also note that unsubscribing from the Company’s emails will not automatically unsubscribe you from any third party business associates and licensees of the data. Since third parties maintain separate databases from the Company, you will need to unsubscribe from each source individually, if desired.
You can disable cookies, although the website may not function properly for you. Notwithstanding any other provision in this policy, in visiting this site, a third party may place or recognize a unique cookie on your browser. To trigger these cookies, we may pass an encrypted or “hashed” identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies.
GOOGLE DART COOKIES (AND OPT-OUT)
OTHER THIRD-PARTY COOKIES OPT-OUT
A web beacon is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows the Company to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, the Company also uses web beacons in email messages sent to individuals listed in the Company’s database.
The Company automatically tracks certain information based upon your behavior on this site. We may use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the website or not), which URL you next go to (whether this URL is on the website or not), your computer browser information, and your IP address. Your Internet Protocol (“IP”) is a unique Internet address which is assigned to you by your Internet Service Provider (“ISP”). For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by web servers, collecting information about a user’s traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
Data analysis technology may be employed from time to time if used by a Client of the Company.
The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, the Company strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
This site is not intended for use by children. If you are under the age of 18, do not use this website. The Company will never knowingly collect any personal information from children under the age of 18. If we obtain actual knowledge that we have collected personal information about a child under the age of 18, that information will immediately be deleted from our database. This policy has been designed to comply with the Children’s Online Privacy Protection Act (“COPPA”).
In certain commercial email messages sent by the Company, an Advertiser’s name will appear in the “From:” line, but hitting the “Reply” button will cause a reply email to be sent to the Company. The Company sends email only to individuals who have agreed on the website to receive email from the Company, or to individuals who have agreed on a third-party website to receive email from third parties. As such, we do not send unsolicited email messages. You may unsubscribe from these messages at any time by following the instructions outlined earlier in this policy.
The Company may use PII to target advertising to an individual. When an individual is using the Internet, the Company uses other information to associate an individual with that person’s PII, and the Company attempts to show advertising for products and services in which the person has expressed an interest, in Surveys and otherwise. The Company may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
The Company may use PII to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. You may have your telephone number or cell phone number listed on a state or federal do not call registry.
By registering and/or using this website, you are waiving your rights and privileges under these laws and expressly giving permission to the Company and any agent of the Company the right to contact you by telephone or cell phone, and you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR § 310 et seq.), as amended from time to time (the “Rule”).
Further, if you are residing outside the United States, by registering and using this website, you acknowledge that the processing of your individual information may involve the transfer of such individual information from within or outside the European Economic Area (“EEA”) to countries within or outside the EEA whose data protection regulation may not be as stringent as that within the European Union. We may use individual information to provide the services you’ve requested, including services that display customized content and advertising.
If the email address you provide to the Company is a wireless email or text address, you agree to receive messages at such address from the Company or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
STORAGE OF PII
The Company operates secure data networks protected by industry standard firewall, encrypted and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. Notwithstanding such measures, the Company cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the individual information on them stolen or altered.
OTHER USES OF PII
The Company may also use your PII in the following ways:
Third party offers
Aggregate statistics (annonymized)
Complying with legal process
Data summary (annonymized)
Sell to third party companies for their marketing use.
In the event the Company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets as well as in the event of a bankruptcy, assignment for benefit of creditors or receivership, your PII may be disclosed and will likely be among the assets transferred. You will be notified via prominent notice on our website for 30 days of any such change in ownership or control of your personal information. The Company further reserves the right to disclose, transfer, or sell your personal information to companies who are affiliated with Company, in Company’s sole discretion.
The Company’s website and email messages may sometimes contain hypertext links to the websites of third parties. The Company is not responsible for the privacy practices or the content of such other websites. Linked web sites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. The Company does not operate or control in any respect any information, software, products, or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
FOREIGN USE OF THE WEBSITE
To the extent that you are accessing the website while domiciled outside of the United States, you acknowledge that the PII you are providing the Company is stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States. United States privacy laws differ from other countries privacy laws.
CALIFORNIA USER RIGHTS
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com. For more information about protecting your privacy, you may wish to visit http://www.ftc.gov.
CHANGES IN THIS PRIVACY STATEMENT
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy we will notify you here, or by means of a notice on our home page.
Okyrie Royale™, Okyrie™, Liberum Vivere™,m Live Royal Drink Royale™, Change Your Brand Change the World™, Operation Okyrie™, Okyrie Operations Agent™, Platinum Royale™, Okyrie Gold™, The Debonair™, The High Roller™, “The Mogul™, FitBean™, J&S Blend™, Die Blonde Blend™ and any variation or similarity in nature are trademarks under OKYRIE™ Enterprises Inc.
As used throughout these terms and conditions, “Agreement” collectively refers to the Okyrie Royale Affiliate Application and Agreement, Policies and Procedures, Marketing and Compensation Plan, and any other document incorporated by reference in the aforesaid. These documents, in their current form, and as may be amended by Okyrie Royale at its sole discretion, constitute the entire contract between Okyrie Royale and the Okyrie Royale Affiliate. No other representation, promise, or agreement, shall be binding on the parties unless in writing and signed by an authorized officer of Okyrie Royale.
1. I certify that I am at least 18 years old (or of contractual age in my state of legal residence) and that all information I provided on this Application is accurate. I understand Okyrie Royale requests my personal tax identification number solely for the purpose of reporting income to the Internal Revenue Service. Under its right of contract, Okyrie Royale maintains the right to decline my application if I do not provide a valid tax identification number.
2. I understand that I am not required to make any product purchases in exchange for the right to distribute Okyrie Royale products pursuant to this Agreement, with the exception of a required Account Activation, which is non-commissionable, and provided at cost.
3. I understand that Okyrie Royale does not accept initial applications from business entities. Once my personal application is accepted, I will have the option to add a business entity to my account in accordance with the Policies and Procedures.
4. I understand that as an Okyrie Royale Affiliate: a) I am granted the non-exclusive right to offer for sale Okyrie Royale products and services in accordance with the Agreement, b) I have the right to enroll persons in Okyrie Royale and c) If qualified, I have the right to earn commissions pursuant to the Okyrie Royale Compensation Plan.
5. I agree to abide by the Okyrie Royale Code of Conduct as detailed in the Okyrie Royale Policies and Procedures.
6. I agree to present the Okyrie Royale Marketing and Compensation Plan and Okyrie Royale products and services as set forth in literature that is officially produced by Okyrie Royale.
7. I agree that as an Okyrie Royale Affiliate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Okyrie Royale I understand and agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF Okyrie Royale FOR ANY PURPOSE. Okyrie Royale is not responsible for tax withholding, and reserves the right to refuse to withhold or deduct from my bonuses and commissions, if any, FICA or taxes of any kind, even if requested or agreed to by me in order to comply with any governmental order of backup withholding. I understand I am responsible to pay all applicable federal and state taxes and/or license fees, including FUTA and state unemployment and workers compensation taxes that may become due as a result of my activities as an Independent Affiliate.
8. If eligible, I will be compensated for the products I sell and those products sold through my sales organization. Okyrie Royale never compensates for the mere act of sponsoring. The sale of products to end consumers must be emphasized in all presentations.
9. I understand that Okyrie Royale s program is built upon retail sales to the ultimate consumer. I am entitled to purchase product for my own personal or family use, and understand that Okyrie Royale prohibits the purchase of product or large quantities of inventory solely for the purpose of qualifying for bonuses or advancement in the marketing program. By placing subsequent product orders, I certify that I sold at least 70% or more of all products that I previously purchased. Products certified as sold under this 70% rule are not eligible for repurchase.
10. I have carefully read and agree to comply with the Okyrie Royale Agreement. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Okyrie Royale. I understand that these Terms and Conditions, the Okyrie Royale Policies and Procedures, or the Okyrie Royale Marketing and Compensation Plan may be amended at the sole discretion of Okyrie Royale and by submitting this application I agree to abide by all such amendments. Amendments shall be binding immediately after notification is released. The continuation of my Okyrie Royale Affiliate-ship or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
11. The term of this agreement is one year (subject to prior cancellation for inactivity pursuant to the Policies and Procedures). If I fail to annually renew my Okyrie Royale Affiliate-ship, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Affiliate. I shall not be eligible to sell Okyrie Royale products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or non-renewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Okyrie Royale reserves the right to terminate all Independent Affiliate Agreements upon 30 days notice.
12. I may not assign any rights or delegate my duties under the Agreement without the prior written consent of Okyrie Royale Any attempt to transfer or assign the Agreement without the express written consent of Okyrie Royale renders the Agreement voidable at the option of Okyrie Royale and may result in termination of my business.
13. I understand that if I fail to comply with any of the terms of the Agreement, Okyrie Royale may, at its discretion, impose upon me disciplinary action as set forth in the Policies and Procedures, up to and including the termination of my Affiliate-ship. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
14. I represent and warrant that my participation as an Okyrie Royale Affiliate does not breach, violate, or otherwise interfere with any current agreements, past agreements, or surviving clauses of previous agreements, into which I have entered with any other multi-level marketing, direct sales, or other business venture.
15. I understand that my participation as an Okyrie Royale Affiliate does not restrict my participation in another multi-level marketing or direct sales opportunity, except that I shall not, while participating as an Okyrie Royale Affiliate, or for 12 months after my termination, cancellation, or other separation from the Okyrie Royale program, participate in any other opportunity that directly competes with Okyrie Royale in offering coffee products.
16. I understand and agree that if I elect to participate in another non-competing multi-level marketing or direct sales opportunity, I will maintain separate organizations, independent of one-another, for each such non-competing opportunity.
17. Okyrie Royale, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “Agents”), shall not be liable for, and I release Okyrie Royale and its Agents from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Okyrie Royale and its Agents from all liability arising from or relating to the promotion or operation of my Okyrie Royale business and any activities related to it (e.g., the presentation of Okyrie Royale products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Okyrie Royale for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
18. The Agreement, in its current form and as amended by Okyrie Royale at its discretion, constitutes the entire contract between Okyrie Royale and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
19. Any waiver by Okyrie Royale of any breach of the Agreement must be in writing and signed by an authorized officer of Okyrie Royale. Waiver by Okyrie Royale of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
20. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
21. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. In the event of a dispute between an Independent Distributor and Okyrie Royale arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. Okyrie Royale shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Independent Distributor. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the Policies and Procedures.
22. The parties consent to jurisdiction and venue before any federal or state court in the city of Ferndale, County of Whatcom, State of Washington, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
23. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
24. Montana Residents: A Montana resident may cancel his or her Independent Affiliate Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
25. If an Independent Affiliate wishes to bring an action against Okyrie Royale for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Okyrie Royale for such act or omission. Affiliate waives all claims that any other statute of limitations applies.
26. I authorize Okyrie Royale to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
27. I understand that I cannot, under any circumstances, incur any debt, expense, or obligation on behalf of, or for, the Company.
28. The Company reserves the right to accept or reject any applicant and is under no obligation to offer any reason for rejection. The Company is under no obligation to notify an applicant of an incomplete or faulty application.
29. A faxed or online copy of this Agreement shall be treated as an original in all respects.
30. I understand that I am entitled to cancel participation in the marketing program at any time and for any reason upon written notice to Okyrie Royale. Following the notification of cancellation or termination, the Company will buy back from a resigning Affiliate unused and currently marketable inventory and sales aids purchased from the Company within (1) one year from the date of receipt of merchandise first ordered (no time limit in MA, GA, LA, and WY) at 90% of the Affilaite’s net cost, less shipping or other appropriate setoffs and legal claims as set forth in the Buy Back provisions of the Okyrie Royale Policies and Procedures.
AutoShip Program Enrollment and Payment Authorization. If you have elected to participate in the optional Autoship Program, the following terms apply:
1. By enrolling in the AutoShip Program I understand that I will automatically receive the items I selected on a monthly basis.
2. I may cancel my AutoShip order at any time and for any reason by submitting a written request to Okyrie Royale at least 2 business days before the next scheduled shipment of my AutoShip order. I understand that cancellations received less than 2 business days before the next scheduled shipment will become effective the following month.
3. I authorize Okyrie Royale to automatically withdraw payment for my AutoShip order using the method of payment identified on this Application and Agreement or as I may update in my back office.
4. Okyrie Royale will only withdraw payment equal to the amount of the products I have selected, plus shipping and processing, and any applicable sales tax.
5. I understand that my products will ship when payment clears. Okyrie Royale will not be responsible for any qualifications, bonuses, or commissions that are missed as a result of declined payments.
6. Cancellation of my participation in the AutoShip program does not automatically cancel my Okyrie Royale Independent Distributor Agreement.