A. Data Protection: As self-employed independent contractors, Wellness Advocates are the data controller for any personal data, including customer personal data, they process in the course of their business activities as Wellness Advocate. Wellness Advocates are responsible to ensure that such personal data are processed, stored and disposed of fully in accordance with applicable data protection laws, including the EU General Data Protection Regulation 2016/679. This entails, amongst others, the responsibility:
1. to perform all of their obligations under applicable data protection laws, including data security and confidentiality obligations;
2. to ensure that data subjects are provided with appropriate information regarding the processing of their personal data, including the sharing of their personal data with the Company;
3. to ensure that they have a legal basis for the processing of personal data, including the sharing of personal data with the Company and obtain the data subjects’ consent for the processing of their personal data, if required by applicable data protection laws;
4. to ensure that data subjects can exercise the data protection rights granted to them under applicable data protection laws;
5. to enter into a written agreement with data processors they rely on to process personal data on their behalf, in accordance with applicable data protection laws;
6. to implement appropriate technical and organizational measures to ensure and to be able to demonstrate that the processing is performed in accordance with applicable data protection laws;
7. to notify the Company, immediately, of any actual or suspected data breach affecting personal data processed by Wellness Advocates in connection with their activities as Wellness Advocate;
8. to cooperate fully with the Company in all reasonable and lawful efforts to prevent, mitigate or rectify such personal data breach; and 9. for implementing and providing adequate protection in the event of transfer of personal data to countries located outside de the EEA, as required under applicable data protection laws.
B. Wellness Advocate Lists. Lists of Wellness Advocates and all contacts generated therefrom (“Lists”) are the confidential property of doTERRA, which is the data controller for the processing of the personal data in such lists. The company has derived, compiled, configured, and currently maintains the Lists through the expenditure of considerable time, effort, and monetary resources. The Lists in their present and future forms constitute commercially advantageous assets and trade secrets of the Company. The right to disclose Lists and other Wellness Advocate information maintained by the Company is expressly reserved by the Company and may be denied at the Company’s discretion.
C. Confidentiality of Lists. Wellness Advocates obtaining access to Lists agree to the confidentiality and proprietary nature of those mailing lists and that any use of those lists or contacts generated therefrom, except for the sole purpose of furthering the Company’s business, is expressly forbidden. They also agree that the information is the property of the Company and any materials offered to the Wellness Advocates which make any reference to the Company or its programs may be done so only with the prior written consent of the Company for each separate offer.
D. Specific Lists. The Company provides a uniquely tailored portion of the Lists to Wellness Advocates (hereinafter in the context of Lists, the “Recipient”). Each portion of the provided List contains only information specific to the Recipient’s level and his or her own downline Organization.
E. Limitations on Use. These Lists are provided for the limited use of the Recipient solely to facilitate the training, support, and servicing of the Recipient’s Downline Organization for furtherance of the Company-related business only. Each Recipient agrees that each use, within its intended scope, constitutes a separate exclusive license agreement between the Recipient and the Company.
F. Lists Belong to Company. These Lists remain, at all times, the exclusive property of the Company, which may, at any time and in the Company’s sole discretion, reclaim and take possession of the Lists. Accordingly, each Wellness Advocate agrees:
1. To hold confidential and not disclose any Lists or portion thereof to any third Person, including, but not limited to, existing Wellness Advocates, competitors, and the general public;
2. To limit use of the Lists to their intended scope of furthering the Wellness Advocate’s doTERRA related business. The Lists may not be used to identify and solicit doTERRA Wellness Advocates to other commercial opportunities and activities;
3. That any use or disclosure of the Lists outside of those authorized herein, or for the benefit of any third Person, constitutes misuse, misappropriation, and a violation of the Recipient’s license agreement, which causes irreparable harm to the Company;
4. That, upon any violation under this section, the Recipient stipulates to injunctive relief as an appropriate remedy enjoining that use under applicable national or local laws, and will immediately retrieve and return to the Company all Lists previously provided to the Recipient upon the Company’s request, and that the obligations under this section will survive the termination of the Recipient’s Contract.
G. Company Remedies for Breach. The Company reserves the right to pursue all appropriate remedies under applicable national or local laws to protect its rights to the above-stated proprietary and trade secret information covered by the Lists. Any failure to pursue any applicable remedies will not constitute a waiver of those rights.