GENERAL TERMS AND CONDITIONS OF THE ETAM UNITED STATES “ETAM CONNECT” LOYALTY PROGRAM

The “Etam Connect” loyalty program is developed and managed jointly by the following companies:

• Investint Retail INC headquartered in Delaware at 614 N Dupont Hwy, Suite 210, Dover, DE 19901, Country of Kent, operating the in-store loyalty program;
• Etam Lingerie, a French société anonyme (public limited company) with a share capital of €9,165,940, whose registered office is at 57-59 rue Henri Barbusse, Nanterre Trade and Companies Register No. 478 355 753, operating the online loyalty program ;

hereinafter collectively referred to as “Etam”.

These general terms and conditions define the conditions of participation in Etam Connect to collect points giving entitlement to benefits depending on the amount and frequency of purchases made in Etam stores and/or on the https://us.etam.com/ website. Although Etam Lingerie operates the https://us.etam.com/ website, any purchase on the website must be made via the Global-e Payment Page and with Global-e France SAS (hereinafter referred to as “Global-e”). Global-e provides order processing and preparation services and sells all products and services purchased on this website. The payment pages are provided by Global-e. After successful verification by Global-e of the order and payment information, Global-e purchases goods from Etam Lingerie and resells them to the customer in accordance with the Global-e Terms of Use which may be viewed here.

1. MEMBERSHIP OF THE PROGRAM

Etam Connect is open to natural persons only. The virtual Etam loyalty card is issued free of charge either in all Etam stores in the United States or in factory outlets, excluding stores and department store corners, or on the website https://us.etam.com/ subject to the conditions set out below.

In-store: it may be proposed by the sales assistant and/or requested by any adult or minor person if they have parental authorization or are accompanied by an adult.

Membership in Etam Connect as well as obtaining a Card number is subject to the proposed participant providing true and accurate information to the Etam sales assistant as follows: last name + first name + email + zip code.

Once the account has been created by the sales assistant, an email will be sent to the cardholder who made the request in order to provide him/her with his/her electronic card number and invite him/her to link this card number to an etam.com account.

On the website https://us.etam.com/: any creation of an Account on the etam.com website will confer membership of the Loyalty Program and, conversely, membership of Etam Connect will automatically generate the creation of a Customer Account.

Membership of Etam Connect as well as obtaining the Card may only be recorded in Etam's computer records if the participant provides true and accurate information email + last name + first name + phone no + zip code

The email address, last name and first name are therefore mandatory to join the Etam Connect program: this is the member's ID. Etam will thus be able to send an email to the member in order to provide him/her with his/her Card number and inform him/her that it is necessary to link his/her card to an etam.com account to take advantage of all the benefits of the Etam Connect program.

Once Etam Connect membership is established, an Etam Connect account will be automatically created on etam.com so that the customer can access their information, delete it, modify it and also access the features of Etam Connect. which are mostly only usable online.

However, the member is entitled to accept or refuse to receive any other communications from Etam.

The virtual Etam loyalty card is active from its first use. Subject to termination and revocation as set forth below, it is valid indefinitely, in all Etam stores in the United States, in factory outlets and on the https://us.etam.com/ website, excluding stores and department store corners.

The Etam Card is strictly personal and individual and may not under any circumstances be transferred, sold to anyone or used for purposes other than those defined by Etam, in these General Terms and Conditions.

THESE PROGRAM RULES SUPERSEDE ALL PREVIOUS TERMS AND CONDITIONS APPLICABLE TO ETAM CONNECT. ALL PROGRAM BENEFITS, OFFERS, REWARDS, AND SERVICES ARE SUBJECT TO AVAILABILITY. ETAM LINGERIE MAY AT ANY TIME AMEND, MODIFY, SUPPLEMENT, OR TERMINATE ETAM CONNECT. THESE PROGRAM TERMS AND CONDITIONS, THE STRUCTURE FOR EARNING REWARDS, OR REWARD LEVELS, EVEN THOUGH SUCH CHANGES MAY AFFECT THE VALUE OF REWARDS, OR THE ABILITY TO OBTAIN CERTAIN REWARDS. IF ETAM CONNECT IS TERMINATED, ALL UNREDEEMED BENEFITS WILL BE FORFEITED WITHOUT ANY OBLIGATION OR LIABILITY AND WILL NOT BE HONORED UPON TERMINATION OR AFTER THE CONCLUSION OF ANYNOTICE PERIOD, IF ANY NOTICE IS REQUIRED BY LAW. UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE IN WHOLE OR IN PART TO ANY ACTS OF NATURE OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

We reserve the right to cancel or suspend your participation in Etam Connect or any Rewards earned and not yet used in the event of fraud, abuse of rewards privileges, violation of these Program Terms and Conditions, or at our discretion. Etam Connect is limited to the United States, including Puerto Rico, only.

Etam Connect benefits and rewards are nontransferable. Upon the death of a member, the member’s loyalty account will be closed and any benefits or points in the account will be forfeited.

Limit 1 Etam Connect membership per person, email address and phone number. If there is a dispute regarding ownership of the email address or phone number used to enroll in the Program, the owner will be deemed to be the natural person who is assigned to the submitted email address or phone number by a phone company, an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers or email addresses for the domain associated with the submitted email address. Member is responsible for providing correct email address and phone number and updating email address and phone number used in the Program should either change.

You may opt out of the Program at any time. If you opt out of the Program, you will no longer earn points or be able to redeem points and you will forfeit your unused and unexpired points. Deletion of points is final and cannot be reversed. To do this please send us a note by the "Contact us" section on the website https://us.etam.com/.

2. OBTAINING AND USING POINTS

2.1 OBTAINING POINTS

The Etam Card is used to collect points, both on the amount of purchases made and according to the frequency of purchases made in Etam stores in the USA, in factory outlets, excluding stores and department store corners or on the https://us.etam.com/ website, provided that your account is in good standing and you have identified yourself at the cash register or on etam.com with your card number. Points accumulate as follows:

• $1 spent on goods and services = 1 point

POINTS HAVE NO CASH VALUE AND CAN ONLY BE USED AS SET FORTH IN THESE TERMS AND CONDITIONS FOR CREDIT ON PURCHASES OR EYAM EXPERIENCES.

For the avoidance of doubt points do not accumulate for payments made in connection with gift cards, sales taxes, insurance, shipping or wrapping charges.

The points earned will be valid for 12 (twelve) months. At the beginning of each month, the balance will be updated to reflect the points accredited in the previous month.

If the cumulative amount is disputed, only the information contained in Etam’s database will be authoritative. Any disputes as to the amount of points must be raised promptly and no later than 60 days—time being of the essence-- from the date on which a transaction occurred giving rise to point accumulation or reduction. The member must make this claim by email via the Contact us section.

2.2 USE OF POINTS

The member may use only the points making up their available balance.

2.2.1 “POINT” REDUCTIONS:

Provided they have a minimum of 20 points and up to a maximum of 2,000 points per day, members can use their balance of points at any time to obtain a loyalty reduction based on the annual amount spent. Thus, discounts are freely chosen by members if they log in from "My Account" on etam.com.

Points can be used on the website, in the basket based on the following conversion rule:

• 20 points = $1 discount

Discounts are valid without minimum purchase and can be combined with other promotional operations except sales, Lovely Week, Love Price, private sales.

At https://us.etam.com/, the use of points is conditional on the existence of a customer account in good standing before the applicable transaction and on the obligation that the balance of the order (excluding delivery costs) after use of a reduction amounts to at least $1.

Any transaction amount paid with points, a purchase order,merchandise credit, mail certificate, gift certificate, credit voucher, refund check, or any other type of store credit, will not earn any points. Other exclusions may apply during special promotions.

There are no points earrning while purchasing a gift cards.

Items purchased using points will be exchangeable at their original value (before points discount) and refundable on the net value paid (after discount). In the case of a refund, the points related to the reduction will not be re-credited to the account.

2.2.2 Experiences

Provided they have a sufficient number of points, members can use their balance of points at any time in order to participate in one of the experiences offered by Etam. These experiences are regularly detailed in the “My Account” space accessible at https://us.etam.com/. The experiences will be offered to a limited number of members, after registration by them in the “My Account” space. Registration for an experience cannot be canceled by a member, and Etam will check whether registered members are eligible for the experience.

The points corresponding to the experience will be blocked pending validation of registration by Etam. If the member is not selected due to a lack of places, a notification will be sent to him/her by Etam and the balance of points will be released. If the member is selected, Etam shall notify the member by any means. By registering for an experience, any member expressly agrees to receive an email notification about the experience from Etam. For the avoidance of doubt once points are released to participate in an experience they are non-refundable whether or not the member notifies Etam of a desire to cancel or fails to participate.

See Experience Rules

3. TIERS AND BENEFITS

3.1 TIERS

The loyalty program has three different membership tiers according to the number of points accumulated (excluding points earned by the membership bonus):

• “Amie – tier 1” members:
  this tier includes all members newly registered or accumulating less than $150 in purchases in their account over a rolling 12-month period at https://us.etam.com/.
• “Chérie – tier 2” members:
  this tier includes all members with between $150 and $350 purchases in their account over a rolling 12-month period at https://us.etam.com/.
• “Amoureuse – tier 3” members:
  this tier includes all members with more than $350 in purchases in their account over a rolling 12-month period at https://us.etam.com/.

A tier is valid for 12 months from the moment a member accesses it.

Any change to a higher tier may be made at the beginning of each month, based on the amount of purchases accumulated in the then current rolling 12 month period.

All unused points are re-set to zero as of the twelve-month anniversary date of the member’s first date of joining Etam Connect. The transition to a lower tier will take place the month following the end of the 12-month rolling period mentioned above. The tier of each member will be indicated in the “My Account” space on https://us.etam.com/, unless there is occasional technical unavailability, in communications sent by Etam (emails or postal mail), and on simple request in the store.

3.2 ADVANTAGES

The tiers entitle the holder to various benefits detailed in the “My Account” area of the https://us.etam.com/. Members have access to these benefits when their membership of Etam Connect.

These benefits are subject to change, modification, suspension and termination.

In any event, the benefits cannot be exchanged and are not compensable, refundable in cash or applied as equivalent credits on purchases. Birthday and sponsorship offers cannot be combined with any other promotions or sales, Lovely Week or private sales.

If you do not connect to the mobile site, discounts may be offered in-store by the sales assistants, according to the following 3 levels:

• Amie: $0 to $150
• Chérie: from $150 to $350
• Amoureuse: $350 and over

The tiers can be modified at any time by ETAM.

4. REMOVAL

Any breach of these General Terms and Conditions, any misuse or fraudulent use of the benefits offered by Etam Connect. any behavior detrimental to the interests of Etam, any falsification of the information sent by a member or by a third party acting on behalf of a member, shall automatically result in the termination of the member’s account, the cancellation of their points or the benefits that they may have obtained, without compensation of any kind.

5. DURATION AND MODIFICATION OF THE PROGRAM

Etam reserves the right to modify, suspend or terminate this Loyalty Program at any time and invites members to regularly consult it on the https://us.etam.com/ website.

Etam will provide notice of any modification, suspension or termination to Etam Connect by posting a notice on the Etam Connect website. Etam will endeavor to provide no less than seven (7) days’ prior notice. In the event of termination of Etam Connect, members who have collected the sufficient number of points may use these points under the conditions then in force and for a period that may not exceed three months from the termination of Etam Connect.

No modification, suspension or termination shall entitle the member to any form of compensation.

6. LIABILITY

Etam is exempt from all liability for the direct or indirect consequences of any anomalies and malfunctions of the Card, regardless of the cause. Etam will nevertheless make every effort to retain the benefits of the total points of each member in the event of any malfunction.

The nature and scope of the services and privileges to which the Etam loyalty card confers entitlement, and the terms of use and validity, may be changed unilaterally by Etam, without notice, without the cardholder having recourse to any claim or compensation.

7. PERSONAL DATA

The member’s personal data are collected subject to his or her explicit consent when activating his or her Loyalty Card. The personal data are intended for Etam Lingerie and Investint Retail USA, which nevertheless reserve the right to pass this data on to third parties after prior agreement from the member. All the data collected by Etam Lingerie and Investint Retail USA are therefore necessary for the creation and management of the business relationship with any member of the loyalty program. The members personal data shall be subject to The member will not be able to activate his/her loyalty card (and therefore join the loyalty program) if he/she refuses to provide the information requested. The privacy policies of Etam Lingerie and Investint Retail USA can be found here.

When a customer or member purchases products and services on the https://us.etam.com/ website, the transaction must be made via the Global-e Payment Page. The personal data of the customer or member will therefore be collected and used by Global-e for the purpose of processing its order. This clause only concerns the use of personal data by Etam Lingerie in its capacity as data controller.

The customer or member must then refer to Global-e’s privacy policy for more details on how their personal data are used.

In accordance with all applicable Federal and State Laws and European Regulations (Regulation (EU) 2016/679 dated 27 April 2016) on the protection of personal data, each customer or member has, at any time, a right of access to information concerning him/her, a right to have it corrected or completed if it is inaccurate or incomplete, a right to object to its being passed on to third parties, a right to object free of charge to its use to send him/her marketing offers and, more generally, a right to object to any form of processing.

To do this, they simply have to make a written request, specifying their contact details and sending a copy of their ID to Etam's Customer Service Department: privacy@etam.com or in the "Contact us" section on the website https://us.etam.com/.

To find out more about the processing of personal data, each member is invited to refer to the Privacy Policy accessible on the https://us.etam.com/ website.

After each visit to this website, members must remember to log out from their profile in order to ensure data confidentiality.

8. CONTACT

For any questions relating to the Etam loyalty program, members may contact Customer Service by the following means:

• the “My Account” area under the Etam Connect section on https://us.etam.com/;
• the postal address: Service Client Etam, 57-59 rue Henri Barbusse 92110 Clichy, France.

10. APPLICABLE LAW

Any and all disputes arising hereunder shall be adjudicated by Arbitration and jurisdiction in Florida.

11. SEVERABILITY

If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

12. NO WAIVER

Etam Lingerie’s failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit Etam Lingerie from exercising any legal rights or remedies that it may have.

13. ERRORS OR INCONSISTENCIES

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, or points in your Program account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

14. LIMITATIONS OF LIABILITY AND DAMAGES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ETAM LINGERIE, ITS AFFILIATES, VENDORS, PARTNERS AND SERVICE PROVIDERS INCLUDING GLOBAL-E DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THIS PROGRAM IS NOT WARRANTED TO BE AVAILABLE UNINTERRUPTED OR ERROR FREE.

15. RELEASE OF LIABILITY:

BY AGREEING TO PARTICIPATE IN THE PROGRAM YOU RELEASE ETAM LINGERIE, GLOBAL-E AND EACH SUCH COMPANY’S RESPECTIVE SUBSIDIARIES, DIVISIONS, AND AFFILIATE ENTITIES, ALONG WITH EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR MEMBERSHIP OR PARTICIPATION IN THE PROGRAM OR THESE TERMS AND CONDITIONS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ETAM LINGERIE, AND GLOBAL-E, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE ETAM LINGERIE PROGRAM TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then the aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior 12 months or (b) $10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.