MEMBER AGREEMENT

This Member Agreement is made and entered into by and between you and Atomy America, Inc. (the “Company”). This Member Agreement, including the Appendices, as amended from time to time, the “Member Agreement” or “Agreement”, governs your participation as a Member (as herein defined) in the Company’s Marketing Plan (as herein defined).

Please read this Agreement carefully before you apply to be a Member with the Company. By applying to be a Member, you accept and agree to be bound and abide by this Agreement and any documents incorporated herein by reference.

In the event you violate any provision of this Agreement, the Company has the right to restrict, suspend, or terminate your Membership (as herein defined).

The Company reserves the right to amend or modify this Agreement from time to time, and you are responsible for staying informed and up-to-date with any on-going information provided by the Company to its Members as communicated through the Company’s website or other appropriate channels as determined by the Company.

ARTICLE I
GENERAL PROVISIONS

Section 1.01. Purpose. The purpose of this Agreement is to establish a consistent and appropriate sales and distribution culture, as well as to promote mutual prosperity of the Company and its Members, through compliance with this Agreement regarding the sale and distribution of products of the Company (“Product(s)”).

Section 1.02. Scope of Application. This Agreement is applicable to all Members, except as otherwise provided in other written agreements signed by the Company and the relevant Members.

Section 1.03. Definitions. For purposes of this Agreement, the following terms have the following meanings:

“Dealership” or “Rank” refers to a system of classification of Members established by the Marketing Plan for calculation of general commission. Under this system, a Member can be either a non-ranking Member, a Sales Representative, an Agent, a Special Agent, a Dealer, or an Exclusive Distributor, based on the level of their accumulative PVs and/or their Partners’ PVs.

“Marketing Plan” means the marketing plan set out in Appendix 2, as amended or modified by the Company, at its discretion, from time to time.

“Mastership” refers to an additional system of classification of certain qualified Members, established by the Marketing Plan for calculation of additional commission. Under this system, a qualified Member can be either a Sales Master, a Diamond Master, a Sharon-Rose Master, a Star Master, a Royal Master, a Crown Master, or an Imperial Master, based on their Dealership level or their Partners’ Dealership level.

“Member” means an individual who applies and is approved by the Company to participate in the Marketing Plan subject to the provisions of this Agreement.

Consumer Accounts may purchase products with Atomy however you may only receive personal PV Points and cannot achieve any commission. If you wish to change the account to distributor, you may under “Edit My Account” and change the account status.

Distributor Accounts may generate commissions by accumulating the personal and downline PV Points.

“Membership” of a Member means such Member’s right to participate in the Marketing Plan subject to the provisions of this Agreement.

“Partner” or “Partners” of a Member means (i) an individual or individuals who such Member has directly sponsored during their application to become Members and who the Company has approved, and (ii) all subsequent Partners of such directly-sponsored Partner(s).

“PV” or “Point Value” means a unit of measurement for marketing and compensation purposes as established by the Marketing Plan.

“Sponsor” or “Sponsors” of a Member means (i) an individual who has directly sponsored such Member during such Member’s application to become a new Member of the Marketing Plan, and (ii) all existing Sponsors of such individual.

“Ethics Committee” means the committee established by the Company pursuant to Article VI.

ARTICLE Ⅱ
MEMBER APPLICATION AND REGISTRATION

Section 2.01. Qualification. Unless otherwise disqualified under Section 2.02, any legal U.S. resident, 18 years of age or older, may apply to be a Member by submitting certain information as required by the Company.

Section 2.02. Disqualification.

The following are not qualified to apply as a Member:

1. (a) Non-individual entities (such as corporations, limited liability companies, partnerships, trusts, etc.),
2. (b) Shareholders or employees of the Company and/or its affiliates,
3. (c) Individuals under 18 years of age at the time of application, and
4. (d) Individuals recognized as legally incompetent or incapable of giving legal consent.

Section 2.03. Application and Registration of New Members.

1. (a) Only legal U.S. residents can apply to be Members. Non-U.S. residents must apply through the Company’s Global Registration process.
2. (b) All potential Members must apply using their legal names. The Company shall deny or otherwise nullify any application submitted using an alias name (i.e., a name used to conceal one’s identity) upon discovery.
3. (c) All potential Members may apply upon receiving sponsorship from existing Members and apply for Membership with valid personal identification.
4. (d) If the requirement for personal verification of identity cannot be met during registration, an applicant may submit additional documents through official U.S. certified mail or e-mail to meet this requirement.
5. (e) Married Couples and Couples in Common-Law Marriage:
   1. (i) For married couples and couples in a common-law marriage who apply for Membership, only one shared membership number will be issued for each couple. The Company shall designate one spouse as the main Member (“Primary Member”) and the other as the secondary Member (“Secondary Member”). Changes to such designation can only be made upon the Company’s receipt of a “married couple change agreement form” signed by both spouses.
   2. (ii) The Company shall pay commissions under this Agreement to the Primary Member only. However, the Secondary Member may participate and receive benefits under the Marketing Plan as a spouse of the Primary Member.
   3. (iii) If two existing Members with a Mastership level of Sales Master or higher become legal spouses, the Company may allow such Members to continue their separate Memberships.
   4. (iv) If the Primary Member withdraws under Section 6.02, the Company shall consider the Secondary Member also withdrawn.
   5. (v) In the event of a divorce, the Membership shall be transferred to the Primary Member while the Membership of the Secondary Member shall be considered expired under Section 6.01 of this Agreement on the effective date of the divorce. However, the Company may instead transfer the existing Membership to the Secondary Member (and consider the Membership of the Primary Member expired) if the Company receives a request for such change in writing signed by both divorcing spouses.
   6. (vi) In the event of a Member’s death, the Company at its discretion may transfer the Membership to such Member’s spouse or domestic partner upon request.

Section 2.04. Approval by Company. The approval for Membership for each applicant is at the sole discretion of the Company. Upon the Company’s issuance of a unique membership number (ID) to an applicant, such applicant becomes a Member and such applicant’s Membership becomes effective.

Section 2.05. Member Information. During registration, each applicant shall submit accurate and complete information as requested by the Company. Members are responsible for any errors or omissions in the information they submitted to the Company during registration. Furthermore, Members shall timely notify the Company of any changes in such information and any additional information submitted to the Company from time to time. Members are fully responsible for any liability or damages resulting from failure to notify the Company of changes in the submitted information. A registered name of a Member shall not be changed, except in the following circumstances: change due to inheritance; change due in marital status; or legal name change.

ARTICLE III
MEMBER OBLIGATIONS

Section 3.01. Members as Independent Contractors. The relationship between each Member and the Company is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, franchise, business trust, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between any Member and the Company. Each Member shall have no authority to contract for or bind the Company in any manner whatsoever. No relationship of exclusivity shall be construed from this Agreement.

Section 3.02. Duty to Know and Communicate Accurate Information. Each Member shall carefully review the terms, conditions, and requirements of the Company, and product information as provided by the Company. Each Member shall accurately communicate product information as officially provided by the Company.

Section 3.03. Duty for Ethical Sales Activities. Each Member shall engage in sales activities according to the Company’s terms and conditions. Each Member agrees that they have accurate information and confidence in the Company’s products after personally using such products. Each Member must faithfully comply with applicable laws and this Agreement. Additionally, each Member must leave their contact information with their Partners in addition to the consumers to whom they have sold Products.

Section 3.04. Duty for Continuing Education and Sponsorship. All Members, as they receive compensation for on-going education and support for their Partners, are responsible for continuously and adequately training, educating, and managing their Partners. Furthermore, education corresponding to rank advancement should be conducted.

Section 3.05. Duty regarding Taxes. Each Member acknowledges that they may, as applicable, receive an IRS Form 1099 from the Company, and that they shall be solely responsible for all federal, state, and local taxes regarding any compensation received from the Company in connection with the sale of the Products and other Company-related activities. Each Member acknowledges that they will not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by the Company to its employees, and the Company will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining workers' compensation insurance on such Member’s behalf. Each Member shall be responsible for, and shall indemnify the Company against, all such taxes or contributions, including penalties and interest.

Section 3.06. Duty to Comply with Applicable Laws. Each Member shall comply with all applicable laws, this Agreement, and any additional rules or policies established by the Company from time to time.

ARTICLE IV
PROHIBITED ACTIONS OF MEMBERS AND TERMINATION OF MEMBERSHIP

Section 4.01. Registration of Members or Partners without Consent. A Member shall not cause another individual to be registered as their Partner without such individual’s written consent.

Section 4.02. Prohibition of Alias Registration and Inducement.

1. (a) The Company shall not accept or otherwise allow any claim of rights or benefits related to any application and registration for Membership which contains an alias name. Each Member shall not claim rights or benefits on behalf another person. The Company shall not accept or otherwise allow any claim of rights or benefits by a Member on behalf of another person.
2. (b) A Members shall not directly or indirectly propose or induce a former Member or another existing Member to withdraw or otherwise change their Membership with the intent to re-register as a Member with another group of Sponsors.
3. (c) If the Company determines that a registration has been submitted on behalf of an individual without their consent (an “Alias Registration”) and such Alias Registration remains in effect for more than one (1) year, the Member creating such Alias Registration may be subject to a compensation suspension (a hold on compensation payment) for a period of three (3) months to one (1) year and/or other disciplinary sanctions as determined by the Company at its sole discretion. However, if the Member whose consent is required for the Alias Registration subsequently provides the required consent and requests such disciplinary sanctions be nullified, the Company shall consider such request on a case-by-case basis.
4. (d) When a Member is promoted to a Mastership level above the Sales Master level, a compliance verification will be conducted, and if a violation is found, disciplinary sanctions may be imposed at the Company’s discretion.

Section 4.03. Registration of Disqualified Individuals. Members shall not cause individuals who are disqualified under Section 2.02 to be registered as Members.

Section 4.04. Coercion of Member Registration or Sales Contract. Members shall not coerce or otherwise cause any other party to enter into an agreement for a contract regarding the sale of Products without their consent. Members shall not obstruct the withdrawal and/or request for withdrawal of any party’s application or termination of the contract by exerting pressure or force.

Section 4.05. Dissemination of False or Exaggerated Facts. Members must not convey false or exaggerated facts or use deceptive methods to induce transactions with the other party or provide false information about the price, quality, etc. of the product. Members cannot present personal and/or arbitrary interpretations or opinions beyond the official statements of the Company. Members shall not slander or denigrate other companies’ businesses (marketing plans, sales methods, products, etc.).

Section 4.06. Acts Imposing Burdens and Obligations. Members shall not engage in acts that impose burdens or impose obligations on registered Members or potential Members.

Section 4.07. Acts Related to Withdrawal of Application. Members must not engage in the following acts:

1. (a) Damaging part of a Product or changing any Member’s personal information, including but not limited to their address, phone number, etc. to obstruct their withdrawal or to suppress returns of Products, or intentionally inducing delays in Product usage to discourage returns;
2. (b) Returning or exchanging Products without the applicable customer’s consent;
3. (c) Intentionally returning Products and simultaneously withdrawing with the intent to re-register oneself or others with another group of Sponsors, or inducing others to do so; or
4. (d) Organizing mass returns by intentionally causing returns from other Members and group returns.

Section 4.08. Excessive Purchasing or Coercion.

1. (a) Members must not unilaterally cause Products to be delivered to another party and demand payment without the other party’s consent, especially when such party is their Partner.
2. (b) Members must not excessively purchase products or coerce their Partners to do so for the purpose of their own’s promotion or their Sponsors’ promotion.
3. (c) Members must not use phone calls, facsimile transmissions, online or electronic communications, etc., to force another party to purchase Products when the other party has already indicated that they do not intend to purchase Products.

Section 4.09. Impersonation of Company Employees and Monopoly Rights. Each Member acknowledges and agrees that such Member is an independent contractor and is not in an employment, partnership, or other business relationship with the Company. Each Member shall not represent or impersonate the Company or its employees in any way. Each Member shall not impersonate the Company’s Products as products from other companies, or falsely claim to have exclusive sales rights or regional monopolies. Each Member shall not engage in activities that allow non-registered individuals to participate as Members.

Section 4.10. Negligence in Excessive Advertising and Information Dissemination. Members must not provide false or exaggerated information regarding the Products and the Company’s Marketing Plan. After selling a Product to a purchaser, the Member must neither sever contact nor neglect their after-sales responsibilities with such purchaser.

Section 4.11. Deceptive Promotion; Sales Inducement. Members must not promote the Marketing Plan using any false or misleading information or deceptive means, or induce others to apply for Membership by claiming that they can make money quickly just by recruiting other people. They must not induce sales from individuals who are unable to engage in reasonable business activities.

Section 4.12. Use of Members’ Personal Information. Members must not use consumer or Member information for purposes other than those specified in the Company’s terms and conditions, such as Product delivery and payment settlement related to Member activities.

Section 4.13. Advertising through Mass Media and Sales Activities.

1. (a) Prohibition of Company Advertising through Mass Media or Print Production
   1. (i) Members must not advertise Company-related matters or market Products in the public and/or in social media without prior approval from the Company.
   2. (ii) Members must not use, produce, distribute, or sell the Company’s intellectual properties, including trade name, logo, etc. without prior approval from the Company.
   3. (iii) Members must not affix the Company’s name, logo, etc. (including franchise cards and posters) to their personal premises, business premises or vehicles without prior approval. They must not use the Company’s product names and logos on contact numbers, or any personal items or belongings without the Company’s prior approval.
   4. (iv) Members must not photograph, record (audio or video), or publicly disclose, disseminate, post, or use in any way the contents of any and all lectures and educational materials within the Company’s system without prior approval from the Company (including internet bulletin boards, blogs, social media, various print materials, video recording media) without the consent or approval of the Company.
   5. (v) Modifying, falsifying and/or utilizing the information provided through the Company’s official website is prohibited.
2. (b) Prohibition of Product Display and Sales
   1. (i) Members must not display or sell Products in stores, event venues, street vendors, offices, vehicles, and other business facilities. Members must not supply Products to such facilities or encourage facility installation or recommend the installation of such.
   2. (ii) All Members of the Company must purchase products directly from the Company, and they must not supply products to individuals who intend to purchase them for resale.
3. (c) Prohibition of Product Modification and Repackaging
   1. (i) Members cannot add, modify, or delete the contents of the products provided by the Company, and cannot open or damage the packaging of the products for sale.
   2. (ii) Members must not add, modify, or delete the labels or information stated on the products and their packaging, and they must not open or damage the packaging for sale. Furthermore, Members cannot distribute products supplied by the Company in a manner that deviates from the Company’s marketing plan or sales methods.
4. (d) Prohibition of Web-Related Activities
   1. (i) Without the Company’s consent, Members must not use the Company’s name or logo that may be mistaken for the Company’s official website, and Members cannot in any way replicate the Company’s website for personal use and gain.
   2. (ii) Members must not exaggerate or misrepresent information about the Company’s business with unverified or insufficient information.
   3. (iii) Members must not send advertising emails or other materials using the Company’s name or trademark without obtaining the consent of the parties involved.
   4. (iv) Members must not engage in activities to recruit a large number of unspecified individuals through the internet and other mobile or electronic platforms.
   5. (v) Members must not disclose the personal information of themselves, their Sponsors, or Partners (including usernames, passwords, contact information, etc.) to third parties.
   6. (vi) Unauthorized sales activities using the internet and mobile platforms without the prior consent or approval of the headquarters are prohibited (resellers).

Section 4.14. Abuse of Seniority and Negligence in Continuing Education/Training Obligations. Each Member shall not use their membership seniority to make demands on their Partners or slander the qualifications of their Partners in a public manner. Each Member must actively engage in education and sincere support activities for their Partners, and they must not passively observe incorrect business practices or engage in activities where they only receive compensation.

Section 4.15. Defamation of the Company and Members. Members must not publicly or privately engage in intentional defamation and/or slander of the Company or other Members, even if they are conveying factual information that may damage the reputation of the Company or other Members.

Section 4.16. Transfer or Assignment of Membership Rights. Under no circumstances should Members verbally transfer or assign their membership qualifications, or sell membership rights or positions to others.

Section 4.17. Non-performance of Cash Transactions and Product Delivery. Members must not engage in cash transactions without any Product transactions or engage in disguised cash transactions or facilitate such transactions through the use of the organization. Members must promptly deliver the products after each sale and confirm their delivery. They must provide and/or explain usage instructions related to the products to the purchasers.

Section 4.18. Disputes between the Company and Members. Members must not engage in the following actions:

1. (a) Actively obstructing work by insisting on personal exceptions or demands, despite the Company’s terms and conditions.
2. (b) Engaging in inappropriate behavior, verbal violence, or physical violence (including actions through phone calls, text messages, documents, emails, social media, etc.) in all business spaces (Company, centers, event venues, etc.).
3. (c) “Verbal violence” refers to acts that insult or cause discomfort to others through vulgar or offensive words, terms, speech, intonation, or actions that create a sense of intimidation or coercion.
4. (d) Engaging in disputes between Members, regardless of reasons, related to fraudulent use of cash or credit cards, and causing disputes between Members.

Section 4.19. Formation of Groups within the Organization. Members shall not form groups within the sales organization for other purposes not approved by the Company, Members shall not publicly use separate designations, or prioritize group objectives over the Company’s sales objectives.

Section 4.20. Indiscriminate Harassment of Other Members. Members must not demand disciplinary sanctions against other Members without concrete evidence and must not submit falsified group petitions.

Section 4.21. Unethical Business Practices. Each Member shall not engage in unethical business practices. If any Member’s personal behavior negatively affects other Members or the Company’s business or culture, or tarnishes the Company’s image, the Company may terminate such Member and take other measures. If a Member submits false documents related to Member registration and sales, the Company may impose disciplinary sanctions.

Section 4.22. Misappropriation of Cash. Members must not replace another Member’s cash sales with their own or others’ cards and utilize cash. Depending on the severity of the case, the Company may suspend or terminate the membership.

ARTICLE V
OPERATION OF ETHICS COMMITTEE AND QUALIFICATION SUSPENSION

Section 5.01. Operation of Ethics Committee. The Company hereby establishes an Ethics Committee (the “Ethics Committee”) to prevent violations of applicable laws and breaches of this Agreement and to establish a proper business culture and prevent potential harm to Members. The Ethics Committee, consisting of at least five members, shall be composed of the Company’s employees and Members.

The sequence of disciplinary proceedings is as follows:

1. (a) Submission of materials with evidence of the violation.
2. (b) Response and submission by the violating Member of supporting documents.
3. (c) Fact-finding and investigation.
4. (d) Notification of the determined sanctions to the Member in violation in writing.

At the Company’s discretion, the Member may be subject to temporary suspension during the review period before a final decision is reached. Once the disciplinary sanctions are determined, the Company will notify the Member in violation or post the disciplinary sanctions via email or text message. If no objection is filed within seven calendar days from the date of notification, it is deemed that the Member has accepted the decision.

Members have an obligation to cooperate sincerely with the Ethics Committee’s deliberations, and failure to comply with any investigation or attempts to disrupt the deliberations may result in additional disciplinary sanctions. The Members subject to disciplinary sanctions must comply with the decisions of the Company.

Members must comply with the Global Code of Ethics (attached as Appendix 5 herein). However, applicable rules, regulations, and laws must also be taken into consideration.

Section 5.02. Types of Disciplinary Sanctions.

1. (a) Termination of Qualification: Loss of Membership status.
2. (b) Suspension of Commission Generation: Commission is forfeited for a certain period of time to be determined on a case-by-case basis, by the Company.
3. (c) Suspension of Membership: Membership status is suspended for a certain period of time to be determined on a case-by-case basis.
4. (d) Suspension of Commission Payment: Commission earned during a certain period is not paid (to be paid in bulk upon release).
5. (e) Warnings: Given for minor violations of this Agreement without intentional misconduct. Members must complete supplemental education required by the Company if such education is required as part of the sanction.

Section 5.03. Warning and Caution. If a Member breaches this Agreement and accumulates two or more warnings, additional disciplinary sanctions may be applied at the Company’s discretion.

ARTICLE VI
EXPIRATION, WITHDRAWAL, SUSPENSION, AND TERMINATION OF MEMBERSHIP

Section 6.01. Expiration. Unless otherwise provided in this section, each Member’s Membership shall expire at the end of the sixth calendar month after the date the Company approves the Member’s application. However, upon each purchase of Products for consumption by the Member, such Member’s Membership is automatically extended for one calendar year from the date of the purchase.

Section 6.02. Withdrawal. A Member may voluntarily withdraw their Membership by notifying the Company in writing.

Section 6.03. Suspension.

1. (a) The Company may suspend a Member’s Membership upon such Member’s breach of this Agreement or violation of any applicable laws.
2. (b) When the Company becomes aware of a Member’s breach of this Agreement, the Company may notify such Member in writing and provide such Member an opportunity and a period of time (at the Company’s discretion) to cure the breach. If the Member does not cure the breach to the Company’s satisfaction within the time provided, the Company may suspend such Member.
3. (c) The suspension applies to the violating Member and related Sponsors and the duration of the suspension is between one (1) month to a maximum of twelve (12) months, as determined by the Company at its own discretion.
4. (d) During the suspension period, a suspended Member is subject to certain restrictions, as determined by the Ethics Committee, including but not limited to the following: a) loss of eligibility to purchase and sell Products; b) loss of eligibility to sponsor new Members; c) prohibition of participation in the Marketing Plan (i.e. earning PV points and Commission); d) prohibition of entry into the Company’s facilities; or e) reduction of seats allocated for Success Academy and One-Day Seminar in the center.
5. (e) In the case of suspension, the Company may also impose disciplinary sanctions on related Sponsors based on the severity of the violation, prior knowledge of the violation, obligation to provide education support, and managerial responsibilities as such related Sponsors.
6. (f) In case of a Member’s non-compliance or repeated violations, such Member may be subject to additional restrictions as determined by the Company.

Section 6.04. Termination.

1. (a) Membership may be terminated in the following cases: (i) submission of false documents related to membership registration, (ii) causing significant operational losses to the Company. “Significant operational losses” refer to cases where the Company suffers financial losses due to damage to its public image, intentional mass returns, failure to comply with this Agreement resulting in lawsuits, etc.; and (iii) Promoting, advertising, or selling products or business of other multilevel marketing companies or similar multilevel marketing companies (including visitation sales and sponsorship visitation sales) to other Members.
2. (b) The Company may terminate the qualification of a Member without following the qualification suspension process if the Member causes a serious dispute. When membership qualification is terminated, the Member’s legal relationship with the Company is terminated, and the Member cannot exercise any rights as a Member.
3. (c) In the event of membership termination, the Company may also impose disciplinary sanctions on the related Sponsors based on the severity of the violation, prior knowledge of the violation, obligation to provide sincere education support, and managerial responsibilities of such related Sponsors.

Section 6.05. Re-registration.

1. (a) Expired Membership Reactivation:
   If an individual’s Membership expires under Section 6.01 herein, such individual may apply to reactivate the Membership within 30 days of the date of such expiration, and the Company may restore such Member’s prior membership number.
2. (b) Re-registration for Expired Members:
   If an individual's Membership expires under Section 6.01 herein, such individual may register for a new Membership after the applicable Inactive Period (as defined herein) and the Company may approve the application and issue a new membership number. The “Inactive Period” with respect to a withdrawn Member means the period in which such Member is prohibited from participating in the Marketing Plan, including but not limited to: (1) engaging in the sale and distribution of the Products, (2) participating in any activities related to the Company’s business, and (3) making product purchases for purposes other than personal consumption. The Inactive Period only applies to former members who had achieved masterships. The applicable Inactive Period for former Sales Masters is twelve (12) months. The applicable Inactive Period for former Diamond Masters or higher Mastership levels is twenty-four (24) months. If a withdrawn Member does not comply with this prohibition, the Inactive Period will be extended.
3. (c) Re-registration for Voluntary Withdrawals:
   If an individual’s Membership has been voluntarily withdrawn under Section 6.02 herein, such individual may only re-apply for Membership after twelve (12) months with no additional Inactive Period.
4. (d) Additionally, the Company, at its sole discretion, may permanently reject application by former Members who have been subjected to disciplinary sanctions.

Section 6.06. Public Notice. From time to time, the Company may, at its sole discretion, publish the list of Members who have been warned, suspended, or terminated on the Company’s official website.

ARTICLE VII
MISCELLANEOUS

Section 7.01. Governing Law. This Agreement and the Appendices attached hereto shall be construed in accordance with and governed by the laws of the State of Washington and, where applicable, the laws of the United States of America.

Section 7.02. Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial, or if not applicable, other Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Section 7.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Section 7.04. No Grant of Intellectual Property Rights. The Company shall have and retain exclusive ownership of all intellectual property owned by it and nothing contained in this Agreement will be deemed to grant, either expressly or impliedly, any rights, licenses, or interests in or to any intellectual property of the Members.

Section 7.05. Modifications in Writing. This Agreement may be amended or modified from time to time by written instrument expressly referencing this Agreement and signed by an authorized officer of the Company. Such amended or modified agreement shall be published on the Company’s website and shall become effective upon its publication.

APPENDIX 1: POLICIES RELATED TO PRODUCTS

Order/Delivery.

1. 1. All Members must purchase Products directly from the Company.
2. 2. When making a new Product purchase, Members shall not have excessive inventory and should not purchase Products beyond the reasonable scope of selling to other consumers or for personal consumption, which would violate applicable laws and limit Members’ rights to withdraw (return) the purchased products.
3. 3. Members should accurately assess and identify their marketing and sales abilities or scope of consumption and purchase Products accordingly.
4. 4. If a Member introduces a transaction between the Company and an entity or organization that is unable to become a Member, and the transaction results in a successful sale, the Company will provide compensation to the Member according to the Marketing Plan.

Exchange of Products. “Exchange” refers to a system that allows Members to exchange the purchased product with the same product within 3 months after the purchase if there is a defect or malfunction in the product, based on the Company’s quality guarantee system. If a consumer or Member points out a defect in the content or packaging of a purchased Product and requests an exchange, the Company may allow the exchange if the request is deemed reasonable and timely based on the product’s conditions.

Product Dissatisfaction. If a consumer or Member expresses their intention to return a purchased Product and requests a refund, the Company may provide a refund if the request is deemed reasonable and timely based on the Product’s conditions. However, the consumer or Member must first comply with the return policy in this Agreement, return the product, and submit a Product Return Form, or other documentation as requested by the Company, to the Company; the Company will refund the net value of the Product after deducting any compensation based on the PVs that the Company has paid to its Members due to the sale of the Product.

Return Procedures. Members who are not consumers may cancel the contract an order for Products in writing within three (3) months from the date of signing the contract, except in the case of falsely notifying the Company of the stock held or damage to the goods wherein re-sale of the products are difficult or impossible. Members must complete a return application form, attach the purchase order or transaction statement, submit it to Atomy Co., Ltd., and return the product to the headquarters after the return is approved.

APPENDIX 2: MARKETING PLAN

This marketing plan is designed to provide Members with various rewards for their sales activities, sponsorship activities, and their own product consumption as well as sales activities of other Members within their sponsorship group. It is written to reward activities that involve educating and supporting Members.

Member Status. Eligible individuals may become a Member of the Company by submitting the required application form to the Company. Consumers are people who simply consume the Company’s Products without accruing any PV, while Members are people who engage activities for the purpose of accruing PVs and earning commissions.

Member’s Benefits. Ability to purchase quality products: Members can purchase a wide variety of high-quality Products at affordable prices.

Eligibility for commissions: Members can receive various bonuses based on their retail/sales activities, sponsorship activities, and other business performance. If a Member has sales from Partners that they personally enrolled, they are eligible to receive commissions according to the Company’s terms and conditions.

Compensation Plan. Membership levels, Mastership Bonuses, Promotion Bonuses, and Education Bonuses are paid based on certain criteria determined by the Company and subject to the Company’s sole discretion from time to time. The total payout is calculated by allocating 70% of total point value (“PV”) for payment. (If total sales exceed 35%, the excess will be deducted automatically.)

Membership Promotion Requirements:

Membership levels:

https://www.atomy.com/us/Home/Business/MarketingPlan

Calculation Basis for Commissions Amount:

The purchase cost is based on the product.

For Star Master and below, overseas travel must be at least $1,000 per person.

For Royal Master and above, overseas travel must be at least $4,000 per person.

Monthly rental cost for Company Vehicle: $1,000.00 per month or $500.00 per semi-monthly.

Crown Master large sedan price: $64,000.00 (value may be paid out in cash); Imperial Master large sedan price: $78,000.00 (value may be paid out in cash).

Monthly rent allowance for living quarters: $2,500.00/month or $1,250.00 semi-monthly

Secretary’s monthly salary: $1,500/month or $750.00 semi-monthly Driver’s monthly salary: $2,000/month or $1,000.00 semi-monthly.

Education allowance: 6% payment based on the sales PV of each center’s Members.

Total sales allowance payment range: The total sales allowance, including sponsorship allowance, rank allowance, promotion, and education allowance, cannot exceed 35% of the total sales amount (including all applicable sales taxes) as defined by applicable laws.

Dollar amounts are estimates and may be subject to change based on currency exchange rate. All compensation amounts are first determined in Korean Won by the Company’s parent company in Korea and then converted to U.S. dollars.

Commission Claim
Commissions must be claimed within 5 year from the commission accrual date.
Commissions beyond the 5 year period cannot be claimed.

APPENDIX 3: PROHIBITED ACTS

Members are specifically prohibited from engaging in the following actions:

1. 1. Coercing others to place orders or exerting influence to hinder order cancellations.
2. 2. Using false or exaggerated methods or deceptive means to induce product orders or interfere with withdrawal requests, disseminating false information about the price, quality, etc., of the product that may significantly mislead others.
3. 3. Imposing obligations, regardless of the name or form, such as membership fees, sales aid materials, personal sales quotas, education fees, etc., exceeding the level allowed by applicable laws.
4. 4. Providing financial benefits, without justifiable reasons, to other Members for the recruitment of Partners beyond the sponsorship allowance criteria as determined by the Company, or providing financial benefits other than those specified in such sponsorship allowance criteria.
5. 5. Changing such Member’s addresses or phone numbers to obstruct withdrawal requests.
6. 6. Neglecting dispute resolution or consumer complaints for a considerable period, causing harm to others.
7. 7. Unilaterally supplying products to other Members without their consent and demanding payment for such products; or pressuring or coercing other Members to purchase products.
8. 8. Coercing the other party, who has expressed no intention to purchase products or receive services, to make purchases or receive services through means such as phone calls, faxes, computer communications, etc.
9. 9. Forcing individuals to apply as Partners or pressuring Partners to purchase products.
10. 10. Forcing individuals to undergo education or training against their will.
11. 11. Misleading individuals into believing they are employees of the Company or allowing non-registered individuals to engage in Member activities.
12. 12. Selling products or services at price levels higher than specified by the Company.
13. 13. Using consumer-related information without obtaining their permission or exceeding the approved scope.
14. 14. Transferring or acquiring the status of an existing Member without the Company’s prior written approval.
15. 15. Engaging in actions that violate other prohibited acts for consumer protection.
16. 16. Obligating or assisting other Members in recruiting or sponsoring a certain number of Members.
17. 17. Providing false information about the benefits that other Members may receive.
18. 18. Engaging in monetary transactions without the actual trade of goods or services or conducting transactions primarily involving monetary exchanges without the actual trade of goods or services.
19. 19. Instructing or aiding in the above-mentioned prohibited acts.

APPENDIX 4: MEMBERS’ CODE OF ETHICS

As a Member, I acknowledge and agree to comply with the Member Agreement, as amended and restated from time to time, and shall specifically comply with the following:

Maintenance of honor and dignity: I agree to always represent the Company with sincerity and truthfulness, demonstrate pride in representing the Company, and act with a sense of responsibility and community spirit.

Compliance with the Code of Ethics and Member Agreement: I agree to familiarize myself with and conduct myself in compliance with this Code of Ethics, and the Member Agreement and other rules and policies established by the Company under the Member Agreement from time to time.

Understanding the Marketing Plan and ensuring accurate disclosures: I agree to understand that the Company’s business requires personal dedication and effort. I agree to make the best efforts in continuous education and training of the Company’s Marketing Plan and the Company’s products and engage in sales only with thorough understanding and knowledge of the Company’s Marketing Plan and the Company’s products and without spreading incorrect information. I agree to accept any disciplinary sanctions imposed by the Company if I breach this Member Agreement.

Customer satisfaction guarantee: I agree to strive to thoroughly understand and respond to customer satisfaction regarding the products I sell, ensure that the quality of the Company’s products is not distorted, or misrepresented in any way. I agree to handle customers’ complaints and return requests promptly and accurately according to the Company’s guidelines, to prevent harms to customers.

Compliance with applicable laws: I agree to comply with all applicable laws when acting as Member.

Acceptance of Disciplinary Measures/Sanctions: I agree to accept any disciplinary measures and/or sanctions imposed by the Company’s Ethics Committee and/or the Company in case of violation of this Code of Ethics, and the Member Agreement and other rules and policies established by the Company under the Member Agreement from time to time.

APPENDIX 5: ATOMY GLOBAL CODE OF ETHICS

We resolve to uphold the belief of “Atomy rewrites the history of network marketing” and prioritize the principles of integrity and ethics under the mission of all activities. We will take the lead in establishing a sound global Atomy culture.

1. 1. I will not engage in any monetary transactions with other Members or potential Members that may have the effect of distorting the compensation structure of the Marketing Plan.
2. 2. I will not establish local websites or engage in activities such as recruiting Members, inducing sales, unauthorized use of the Company’s logo, etc., through local websites.
3. 3. I will not engage in promotion through false advertising.
4. 4. I will not change the Marketing Plan while conducting business.
5. 5. I will not engage in exhibition sales such as storefronts, street vendors, home shopping, beauty shops, etc.
6. 6. I will not change my line of sponsorship directly or indirectly or induce other Members or potential Members to change their lines of sponsorship through different means.
7. 7. I will not engage in unethical business practices.
8. 8. I will not produce, distribute, or sell unapproved sales aids.
9. 9. I will not impersonate or falsely represent myself as an employee of the Company.
10. 10. I will not hold any seminars without prior written approval by the Company.

General Terms and Conditions

The purpose of this agreement is to establish a business relationship between Atomy America Inc. (“the Company”) and Distributors (“Members”) by observing the mutual understanding of rules in selling the goods of the company. All matters regarding the member administration of the company shall follow this Terms and Conditions. These rules and regulations shall be applicable to all Members.

Anyone can register as a Member regardless of age, sex, education, race, religion, or status. However, a person listed below shall be restricted from registration:

1. 1. A person restricted to join in Multi-Level marketing in accordance with United States laws and regulations.
2. 2. Officers and Employees of the Company and its subsidiaries
3. 3. A person who is under 18 years old

Failure to observe the restriction by the registrant, the Company may cancel the membership immediately and shall have no obligation whatsoever.

Registration Process

1. 1. All members must use their legal name in registration.
2. 2. New members must fill out the required documents to the company:
3. 3. Member must certify that all of the information provided is complete and correct, including the information of sponsoring member.

The registration is subject to approval by the company. After the company thoroughly reviews the information and documents provided by the registrant, the process of the membership will be completed. The registration is subject to approval by the Company. After the company thoroughly reviews the information and documents provided by the registrant, the process of the membership will be completed.

The Company reserves the right to review for any duration after registration. Access to website after registration does not warrant acceptance by the Company.

The initial duration of membership period begins from the date of the approval registration and continues until the last day of the twelfth month. If a member has records of purchase with point value (PV) during this period, the membership will be extended by twelve months, and thereafter.

Privacy Policy

Atomy America Inc. (together with its affiliates and subsidiaries, “Atomy,” “we,” or “our”) respects your privacy and understands it is important for you to know how we handle the information we receive from you when accessing Atomy’s websites or applications. During the course of our interactions we will collect, store and process personal data about our customers, suppliers, and other third parties.

This privacy policy (the “Privacy Policy”) operates in conjunction with our Website Terms of Use as well as our Application Terms of Use, Master Services Agreements, Terms of Service, and other agreements (each a “Atomy Agreement”) with individuals or businesses (e.g., your employer) that use or interact with Atomy products or services (each such business, together with its employees and other authorized users, a “Member”). This Privacy Policy describes the types of information we may collect from individuals (“you” or “your”) that visit, download, install, or use our publicly available websites (the “Websites”), our online applications (the “Web Applications”)(collectively, the “Platform”) and the reasons we collect that information. By using the Platform, you authorize Atomy to collect and use your information as set forth in this Privacy Policy and any applicable Atomy Agreement. Such Atomy Agreements may further restrict and limit the way in which Atomy collects, uses, and shares personal information provided by Atomy Members through or in connection with their use of Atomy products and services. Capitalized terms that are not defined in this Privacy Policy have the meaning ascribed to them in our Terms and Conditions.

This Privacy Policy applies to information collected by Atomy and does not apply to information collected by any third-party websites to which the Platform may link or to information provided to, or collected by, third-party technologies during your visit to the Platform.

As we update and expand our Platform, this Privacy Policy may change, so please check this web page for updates to our Privacy Policy. In the event we make material changes to this Privacy Policy, we will provide notice through our Platform, or by other means, to provide you with an opportunity to review the changes. If you object to any changes, you may close your account or discontinue your use of the Platform.

By using the Platform, you agree to the terms and conditions of this Privacy Policy. You acknowledge that your continued use of our Platform after we publish or send a notice about changes to our Privacy Policy means that the collection, use and sharing of your personal data is subject to this Privacy Policy.

1. What information is collected?

Atomy collects “Personal Information” for its own business purposes and to fulfill its contractual obligations to its Members. Personal Information includes information that may be used to identify, locate, or contact you, such as your name, title, company, address, e-mail address, phone number, social security number, tax identification number, credit card number, and banking information, as well as information that reasonably can be related or linked to a particular individual or a household, including through an IP address, such as relationship information regarding products and services we provide or may provide to you, information about how you use the Platform, and information about the device(s) and networks that you use in conjunction with the Platform, such as login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device type, browsing history with respect to the Platform for each device, referring websites, emails, or other electronic communications, and search terms.

You should discontinue use of the Platform if you do not wish to share this information with Atomy. Unless otherwise required by law, Personal Information does not include publicly available information or aggregated or deidentified information that cannot be used to identify you individually or reasonably be re-associated with you.

We do not knowingly collect or provide the personal information of minors under the age of 16 to others, without affirmative authorization.

2. Who is collecting the information?

When you are on the Atomy Platform and are asked for personal information, you are sharing that information with Atomy. The Atomy Platform may contain various links to third-party websites. These sites may provide information, products, services and promotions that are separate from and in addition to Atomy information, products, services and promotions. These sites are owned and operated by third parties and not by Atomy. As such, any information you provide to these third-party websites will be subject to their data collection practices and governed under the terms of their privacy policy. All questions, comments, and concerns regarding third party websites should be directed to the third party.

3. How is my information collected and used?

If you submit information to us through the Platform, including registration and profile information, then we use this information to operate, maintain, and provide the features and functionality of the Platform. By providing your email address to Atomy, you consent to our using the email address to send you Service-related notices, including among other things notices required by law. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to Service features and special offers. Additionally, we use your information for:

• ● Processing your requests regarding the Platform and our products or services.
• ● Providing customer assistance or technical support and solving problems or disputes relating to auctions or claims.
• ● Customizing content, providing recommendations and enhancing the quality of the Platform, including presenting content in the most effective manner for the browser or device you use to access the Platform.
• ● Maintaining, operating, improving and developing the Platform and related content, products or services.
• ● Learning about you and others interact with and respond to the Platform, including by measuring and optimizing usage, reliability and performance, conducting market research, analyzing trends, and supporting our operations.
• ● Sending you informational messages about the Platform.
• ● Delivering marketing or promotional communications, including offers or promotions about our or third parties’ products and services.
• ● Responding to your questions or addressing your requests.
• ● Communicating with you about, listings, bids, promotions or events.
• ● Developing, managing and conducting advertising and marketing campaigns, promotions and offers and other initiatives.
• ● Detecting, preventing and responding to fraud or potentially illegal activities, misuse of the Platform, intellectual property infringement or other violations of law, this Privacy Notice, our Terms of Use or other applicable policies.
• ● Performing audits, assessments and testing or troubleshooting activities.
• ● Complying with and enforcing applicable industry and legal requirements (including legal process such as court orders, warrants or subpoenas) and fulfilling contractual obligations.

Atomy may collect and use Personal Information in a variety of ways depending on the context of the collection. The table below describes the purposes for which we collect information and the lawful basis for each purpose.

Processing Activity	Legal Basis for Processing
Provision of Sites, Apps, products, and services: providing our Sites, Apps, products, or services; providing promotional items upon request; and communicating with you in relation to those Sites, Apps, products, or services.	● The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or ● We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, Apps, products, or services (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Operating our business: operating and managing our Sites, our Apps, our products, and our services; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites, our Apps, our products, or our services; and notifying you of changes to any of our Sites, our Apps, our products, or our services.	● The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or ● We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, our Apps, our products, or our services to you (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Communications and marketing: communicating with you via any means (including via email, telephone, text message, social media, post or in person) to provide news items and other information in which you may be interested, subject always to obtaining your prior opt-in consent to the extent required under applicable law; personalizing our Sites, products and services for you; maintaining and updating your contact information where appropriate; obtaining your prior, opt-in consent where required; enabling and recording your choice to opt-out or unsubscribe, where applicable.	● The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or ● We have a legitimate interest in carrying out the Processing for the purpose of contacting you, subject always to compliance with applicable law (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Product safety communications: communications in relation to product safety, including product recalls and product safety advisory notices	● The Processing is necessary for compliance with a legal obligation; or ● We have a legitimate interest in carrying out the Processing for the purpose of ensuring the safety, and proper use, of our products (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Management of IT systems: management and operation of our communications, IT and security systems; and audits (including security audits) and monitoring of such systems.	● The Processing is necessary for compliance with a legal obligation; or ● We have a legitimate interest in carrying out the Processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Health and safety: health and safety assessments and record keeping; providing a safe and secure environment at our premises; and compliance with related legal obligations	● The Processing is necessary for compliance with a legal obligation; or ● We have a legitimate interest in carrying out the Processing for the purpose of ensuring a safe environment at our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● The Processing is necessary to protect the vital interests of any individual.
Financial management: sales; finance; corporate audit; and vendor management.	● We have a legitimate interest in carrying out the Processing for the purpose of managing and operating the financial affairs of our business (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Surveys: engaging with you for the purposes of obtaining your views on our Sites, our Apps, our products, or our services.	● We have a legitimate interest in carrying out the Processing for the purpose of conducting surveys, satisfaction reports and market research (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Security: physical security of our premises (including records of visits to our premises); CCTV recordings; and electronic security (including login records and access details).	● The Processing is necessary for compliance with a legal obligation; or ● We have a legitimate interest in carrying out the Processing for the purpose of ensuring the physical and electronic security of our business and our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms)
Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law	● The Processing is necessary for compliance with a legal obligation; or ● We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, breaches of our policies and applicable laws (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Legal compliance: compliance with our legal and regulatory obligations under applicable law.	● The Processing is necessary for compliance with a legal obligation.
Improving our Sites, Apps, products, and services: identifying issues with our Sites, our Apps, our products, or our services; planning improvements to our Sites, our Apps, our products, or our services; and creating new Sites, Apps, products, or services.	● We have a legitimate interest in carrying out the Processing for the purpose of improving our Sites, our Apps, our products, or our services (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Fraud prevention: Detecting, preventing and investigating fraud.	● The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or ● We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, fraud (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Establishment, exercise and defense of legal claims: management of legal claims; establishment of facts and claims, including collection, review and production of documents, facts, evidence and witness statements; exercise and defense of legal rights and claims, including formal legal proceedings.	● The Processing is necessary for compliance with a legal obligation; ● We have a legitimate interest in carrying out the Processing for the purpose of establishing, exercising or defending our legal rights (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● The Processing is necessary for the establishment, exercise or defense of legal claims.
Recruitment and job applications: recruitment activities; advertising of positions; interview activities; analysis of suitability for the relevant position; records of hiring decisions; offer details; and acceptance details.	● The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or ● We have a legitimate interest in carrying out the Processing for the purpose of recruitment activities and handling job applications (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or ● We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

We use cookies and other forms of automatic data collection with respect to some of the information above. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We use cookies for the following purposes:

• ● Strictly Necessary cookies. These are cookies that are required for the operation of the Platform. They include, for example, cookies that enable you to log into secure areas of our website.

• ● Analytical or Performance cookies. These cookies allow us to recognize and count the number of visitors to the Platform and monitor usage at a collective level.

• ● Functionality cookies. These are used to recognize individual users and tailor the Platform to their preferences. For example, these cookies might be used to greet you by name after you have logged into a secure area of the Platform, or deliver content in your preferred language.

• ● Targeting or Tracking cookies. These cookies record your usage of the Platform in order to make our content and advertising more relevant to your interests. We may also share this information with third parties for this purpose.

Once they have been placed, these cookies may remain on your browser until you remove them. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also place cookies on your browser using other websites you access, over which we have no control. These cookies are likely to record your browsing activity, which may include your usage of our Platform. You can clear or adjust settings related to cookies at any time using your web browser.

We treat information collected by automatic data collection technologies as Personal Information when it is associated with or stored in a way that can be reasonably associated with identifiable Personal Information we collect in other ways. While our Platform currently does not recognize Do Not Track signals from your browser, we do provide information below about how to manage your choices and preferences related to online tracking. To learn more about browser tracking signals and Do Not Track please visit http://www.allaboutdnt.org/. Additionally, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, please note that some parts of the Platform may become inaccessible or not function as intended.

4. With whom does Atomy share my information?

It is Atomy’s policy not to provide your Personal Information to third parties except as outlined in this policy or unless we have your prior consent. Atomy may provide Personal Information to Atomy affiliates, to our own auditors or other service providers, or to third party vendors whose services are integrated into our Platform in order to provide the services we offer or upon whom we rely on to operate and market our business. These include selected third parties to the extent we reasonably consider the disclosure to be necessary for our legitimate business interests or in your best interest.

Before we disclose information to third parties, we contractually require the recipients to use such information solely for purposes related to providing the services requested and to provide at least the same level of data protection as described in this Privacy Policy.

We do not sell Personal Data to third parties for their own use.

In addition, we disclose Personal Data to:

• ● you and, where appropriate, your appointed representatives;
• ● others with your consent or at your request.
• ● legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• ● accountants, auditors, consultants, lawyers and other outside professional advisors to Atomy, subject to binding contractual obligations of confidentiality;
• ● resellers, distributors and third-party business partners of Atomy for the purposes to take steps at the request of you prior to entering into a contract, or to perform a contract upon your request;
• ● third party Processors (such as payment services providers; shipping companies; telemarketing companies; data supply service providers; data cleansing service providers etc.), located anywhere in the world;
• ● any relevant party, regulatory body, governmental authority, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal claims;
• ● any relevant party, regulatory body, governmental authority, law enforcement agency or court, for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties including safeguarding against, and prevention of, threats to public security;
• ● binding contractual obligations of confidentiality;
• ● any relevant third-party acquirer(s) or successor(s) in title, in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• ● any relevant third-party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third-party provider (e.g., LinkedIn, Instagram and Facebook). We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.
• ● may also disclose aggregated and other non-personal information, including user statistics, to describe our Platform to prospective business partners, advertisers, and other third parties.

5. Privacy Information for Atomy Member Personnel

In order to provide our products and services to our business clients using the Platform, Atomy may collect Personal Information about such Member’s current, prospective, and former employees, representatives and other personnel (collectively, “Member Personnel”). We may receive this Personal Information from our business clients or directly from Member Personnel. Atomy will disclose Personal Information about Member Personnel as directed by the relevant Member including through any applicable Atomy Agreement with the Member and other entities that may be required for us to deliver our products and services to the Member. Any such entities are contractually bound to limit use of Personal Information as needed to perform the services requested. We may also disclose Personal Information of Member Personnel when required to do so by law, such as in response to a subpoena or court order. Atomy will at all times maintain reasonable and appropriate security controls to protect personal information of Member Personnel, as described under Data Security below.

If you have questions about your privacy rights as an employee of an Atomy Member, please contact your employer’s human resources department.

6. Choices about how we use and disclose your information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. In many cases, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Each browser is different, so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available. If you disable or refuse cookies, please note that some parts of our Platform may then be inaccessible or not function as intended.
• Promotional Offers from the Company. If you do not wish to have your contact information used by Atomy to promote our own products or services, you can opt-out by sending an email stating your request to atomy_usa@atomypark.com. If we have sent you a promotional email, you may request to be omitted from future emails by sending us a return email or pressing the button provided. This opt-out will not apply to our use of information provided to Atomy as a result of a product or service purchase, warranty registration or other transactions.
• Targeted Advertising. Third party advertising companies may place cookies on your computer when you visit our website or other websites so they can display targeted interest-based advertisements to you. This Privacy Policy does not cover the collection methods or use of the information collected by these third parties. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at www.networkadvertising.org.
• Google Analytics. We use Google Analytics to monitor and improve our user experience. You can opt out of Google Analytics without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

7. Your Privacy Rights

Privacy rights vary depending on where you reside, but we will make reasonable efforts to honor your request even if you are a resident of a country or state that does not require us to do so under applicable law. You may have the following privacy rights under applicable state laws:

• ● Right to Know: you may have the right to request information about the Personal Data we have collected about you and for what purpose.
• ● Right to Access: you may have the right to request information about how we process your Personal Data and to obtain a copy of that personal information in a readily useable format (to the extent “technically feasible”).
• ● Right to Portability: to the extent technically feasible, you may have the right to receive your Personal Data, in a structured, commonly used, and machine-readable format and to have that information transmitted to another organization in certain circumstances.
• ● Right to Correct Inaccuracies: you may request that inaccuracies in your Personal Data be corrected, considering the nature of the data and the business’ purposes in using it.
• ● Right to Deletion: you may have the right to request the deletion of your Personal Data that we have collected from you.
• ● Right to Be Free from Discrimination: we will not discriminate against you for exercising your consumer privacy rights.
• ● Right to Opt-out of Sharing: you may have the right to opt out of us sharing your Personal Data with third parties for some purposes, including sharing that may be defined as a sale under certain laws.
• ● Right to Make Choices About Email Marketing: you may have the right to make choices about receiving email marketing.

Please note that if you submit a request to exercise any of the above rights (a “Privacy Rights Request”), we may request additional information to enable us to process your request. We will use the information you provide to verify your identity, locate your personal information that we may hold about you, and to fulfill your request.

Please keep in mind that we may not be able to honor all requests, such as if the information is required to process your payments or returns, to fulfill your order, or to comply with tax, audit, or other regulatory requirements.

8. California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Platform that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to atomy_usa@atomypark.com or write us at: Privacy Office, 33801 1st Way S Ste 301, Federal Way, WA 98003. Atomy’s information practices and your rights related to your Personal Information under the California Consumer Privacy Act of 2018 (CCPA) depend upon on the context in which Atomy collects and uses such Personal Information.

California Member Personnel. In many cases in which we collect or receive your Personal Information, we are acting as a “service provider” to your employer (our Member), as such term is defined in the CCPA. Atomy is contractually prohibited in such cases from collecting, accessing, maintaining, using, processing and transferring your Personal Information except as is necessary to perform our contractual obligations to our Member or as otherwise required or permitted by law. If you are a California resident and you have questions about our collection and use of your Personal Information in this context, please contact your employer, who acts as the “business” under the CCPA in such cases.

California B2B Client Representatives. If you are a representative of one of our business clients, we may have Personal Information about you, such as your contact information, title, and other information reflecting our communications and transactions with our business clients. We do not, and do not intend in the future, to sell this Personal Information. If you have questions regarding this policy or Atomy’s privacy practices while acting in this capacity, please contact us at to atomy_usa@atomypark.com.

Other California Business Prospects and Visitors. Outside of the two contexts described above, Atomy may collect and maintain Personal Information about California business prospects and visitors in Atomy’s capacity as a “business” under the CCPA. In these cases, the CCPA gives California residents the right to request access to or deletion of (subject to certain exceptions) such information from ATOMY. In general, the categories of Personal Information that Atomy may have about California business prospects and visitors include identifiers and commercial information, as well as network and geolocation information depending on whether and how a visitor or prospect has interreacted with our Websites. Some of this Personal Information may be covered by California’s Customer Records statute (Cal. Civ. Code § 1798.80(e)). This Personal Information is used and shared as described in this policy. Atomy does not (and does not intend in the future) to sell your personal information. To request more information about the Personal Information collected about you in this context in the last 12 months, or to request deletion of your Personal Information, you may call 253-946-2344 or email atomy_usa@atomypark.com. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information, and access requests may only be made twice within a 12-month period. Atomy must be able to verify your identity in order to comply with your requests under the CCPA. To do so, Atomy will seek to associate the information provided by you when making your request with personal information we have collected about you previously. Atomy will endeavor to respond to valid verifiable consumer requests within 45 days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. ATOMY may not and will not discriminate against any California consumer for exercising any of the rights described in this section – including by charging differential pricing.

9. Data Security

Atomy has implemented reasonable, risk-based technical and organizational measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of the Platform, you are responsible for keeping this password confidential.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Application by any third party unless the circumvention was the result of our gross negligence or willful misconduct.

10. Data Retention

The period for which we retain your Personal Information varies depending upon the legal basis for which we collected such data:

Legal Basis	Length of Time
Performance of a contract to which you are (or your employer is) a party:	As long as is necessary for the performance of the contract.
Compliance with legal obligation:	As long as is necessary for us to comply with our legal obligations.
Our legitimate business interests:	Until you ask us to stop, unless an exception under applicable data protection law applies.
Your consent:	Until you revoke your consent, unless an exception under applicable data protection law applies.

Atomy may provide the opportunity to submit job applications through the use of our Website. If you submit an application we may retain the submitted information for as long as allowed by applicable law, unless and until you ask us to delete this information.

11. Additional Information

If you have any questions or concerns about your privacy on the Site, or wish to opt-out of any email list, please contact us at:

ATOMY
Attn: Privacy Office
33801 1st Way S Ste 301
Federal Way, WA 98003
Phone: 253-946-2344

Questions regarding this policy should be directed to atomy_usa@atomypark.com.

Last Updated: June 26, 2024