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PRIVACY POLICY

The navigation and use of the features offered by the www.kusmitea.com and www.lov-organic.com websites (hereinafter respectively and individually the "KUSMI TEA Website" and/or the "LØV ORGANIC Website" and collectively the “Websites") as well as the KUSMI TEA mobile application (hereinafter the "Application") may entail the communication of data relating to the user. For this reason, this Privacy Policy (the "Policy") is intended to provide clear, simple, and comprehensive information to all concerned persons ("you", "your") about how the company ORIENTIS GOURMET ("ORIENTIS GOURMET") and its subsidiaries (collectively referred to as the "ORIENTIS GOURMET Group" or "we", "us" and "ours"), in their capacity as data controller, collect and use data relating to you and how you can exercise control over this use and exercise your rights in this respect. Moreover, specific notifications can be found on each collection form in order to ensure that you get comprehensive information before any of your data is processed. Unless otherwise stated, this Policy applies to all personal data collected on the Websites and the Application but also to all other online services and activities associated with our brands KUSMI TEA and LØV ORGANIC and, more broadly, to the ORIENTIS GOURMET Group. The Websites and the Application are hosted exclusively in data centres located in Europe (Ireland) belonging to Amazon Web Services ("AWS"), Amazon Web Services Inc. 410 Terry Avenue North, Seattle, WA 98109-5210, USA. http://aws.amazon.com

Contents

1. WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA?

The data controller for the personal data is the company ORIENTIS GOURMET, a simplified joint stock company with a capital of 10,889,729.60 euro, with its registered office at 32-34 rue Marbeuf 75008 Paris, registered in the RCS Paris under the number 350 283 057.

2. WHICH OF YOUR DATA ARE PROCESSED AND WHY?

2.1. General information

This section is intended to inform you about what we do with data that you provide to us directly or that is collected indirectly as part of your use of our Websites and the Application and why we do so.

Identification data

By using our Websites and Application, you may be required to send us information, some of which is likely to identify you, namely, in particular, your title, surname, first name, date of birth, email address, postal address, postal code and telephone number.

The obligatory or optional nature of the data is indicated to you during the collection with an asterisk (*). If you do not fill in these fields, we will unfortunately not be able to access your request. Other data is optional and is collected for statistical and customisation purposes only. You are therefore free to enter them or not, without this entailing any obligation or inconvenience for you.

This is particularly the case when you (i) create your online customer account, (ii) register for a newsletter or other notification system, (iii) finalise your online purchase, (iv) subscribe to the KUSMIKLUB loyalty programme, (v) contact our customer service department or when (vi) you participate in competitions.

Why?

The processing of these data is necessary for the following purposes:
• The creation and management of your online customer account and the joint KUSMI TEA and LØV ORGANIC shopping basket;
• The management and monitoring of your commercial relationship with the ORIENTIS GOURMET Group (mainly operations relating to orders, deliveries and returns, transactions, payments and invoices, claims, etc.);
• The sending of commercial communications from us and the management of your KUSMI TEA and/or KUSMIKLUB and/or LØV ORGANIC newsletter subscriptions (registrations and unsubscriptions), which are subject to your consent if you are not a customer.
• The management and monitoring of your KUSMIKLUB loyalty programme subscription, which is specific to the KUSMI TEA Website (registration and unsubscription);
• The performance of statistical and marketing studies;
• The provision of personalised customer care;
• For conducting satisfaction surveys;
• As part of your participation in competitions or other promotional activities;
• The management of unpaid bills and disputes;
• The management of the exercise of your rights in accordance with Article 7.

Data relating to online orders

At the time of any product order placed on our Websites or Application, we are able to collect, in addition to the identification data, information relating to your transaction such as the order number and the details of the purchase, billing data, and payment terms and incidents.

We do not collect any information about your bank details (bank card data and numbers). This data is collected and processed solely by our external HIPAY payment system. We do not retain any bank card number. We receive information on the payment transaction from our payment system. For more information on our payment provider, please refer to our section on "Recipients" in Article 5.

Why?

The processing of these data is necessary for the following purposes:
• The execution of the sales contract;
• The management and monitoring of your commercial relationship with the ORIENTIS GOURMET Group (mainly operations relating to orders, deliveries and returns, transactions, payments and invoices, claims, etc.);
• The performance of statistical and marketing studies;
• The provision of personalised customer care;
• The management of your product, service or content reviews;
• For proof of compliance with legal and regulatory obligations (payment, warranty, litigation, etc.);
• The management of unpaid bills and disputes;
• The detection of possible abusive or fraudulent activities;
• The management of the exercise of your rights in accordance with Article 7.

Data in relation to the monitoring of our commercial relationship

As part of the monitoring of our commercial relationship, we are likely to retain all or part of the following information: requests for documentation, product purchased, service or subscription subscribed to, quantity, amount, periodicity, delivery address, history of purchases and of services delivered, returns of products, origin of the sale (salesperson, representative, partner, affiliate) or the order, correspondence between you and the after-sales service, exchanges and comments.

Why?

The processing of these data is necessary for the following purposes:
• The provision of personalised customer care;
• The management of your product, service or content reviews;
• The improvement of our offerings, services and products;
• For conducting satisfaction surveys;
• The performance of statistical, marketing and behavioural studies (profiling);
• The management of the exercise of your rights in accordance with Article 7.

Navigation data

Whenever you visit our Websites or Application, we may indirectly and automatically collect information about the devices on which you use our Websites or Application or the networks from which you access our Websites or Application, such as your IP addresses, connection data, types and versions of Internet browsers used, operating systems and platforms, data in relation to your browsing route on our Websites, including your user journey on the different URL pages of our Websites, the content you access or view, the search terms used, the duration spent viewing certain pages, the advertising ID of your device, and your interactions with the page. From amongst the various technologies used to collect this information, we use cookies. To learn more about this, please refer to our paragraph on "Cookies" in Article 6.

Why?

The processing of these data is necessary for the following purposes:
• To provide the customer with a customised experience of our Websites and Application, in particular, by facilitating their navigation or by personalising the advertisements;
• To optimise the operation of our Websites and Application;
• The performance of statistical, marketing and behavioural studies (profiling);
• The management of the exercise of your rights in accordance with Article 7.

Data from the use of social networking features

In the event that you decide to use the social networking features available to you ("Facebook Connect" and "Google +") on our Websites and on the Application, the ORIENTIS GOURMET Group will have access to certain data (in particular, your surname and first name, email address, contacts) from your account on said social network in accordance with the general terms and conditions of use of the social network in question. We are also likely to collect some of your data when you interact with these social networks’ features, such as the "Facebook Messenger" feature or via the Facebook analysis tool ("Facebook Pixel”), allowing for your activity to be tracked when browsing our Websites and the Application. For more information on the use of your data by these social networks, please refer to our section on "Recipients" in Article 5.

Why?

The processing of these data is necessary for the following purposes:
• To provide the customer with a customised experience of our Websites and Application, in particular, by facilitating their navigation;
• To send targeted advertising that is tailored to your interests;
• To perform statistical, marketing and behavioural studies;
• The management of the exercise of your rights in accordance with Article 7.

Data from the use of our chat

Our Websites use a commercial chat and behavioural analysis service. As part of the use of this service, we are likely to collect your first and last name, email address and the history of your exchanges with an advisor. In addition, this service uses cookies and JavaScript scripts. The data generated by the cookie in relation to your use of our Websites (including your IP address) will be transmitted and stored by our service provider IADVIZE on its servers. At any time during your browsing on our Websites, advisers are likely to observe your browsing in real time. For more information on the use of your data by IADVIZE, please refer to our section on "Recipients" in Article 5.

Why?

The processing of these data is necessary for the following purposes:
• The provision of personalised customer care;
• For conducting satisfaction surveys;
• The performance of statistical, marketing and behavioural studies (profiling);
• For proof of compliance with legal and regulatory obligations (payment, warranty, litigation, etc.);
• To evaluate your use of and activity on our Websites and Application;
• The management of the exercise of your rights in accordance with Article 7.

2.2. Specific information for targeted advertising, the sending of newsletters and SMS

Subject to your express consent, the ORIENTIS GOURMET Group uses some of your data to send you newsletters, communications about news, and promotional offers in relation to our KUSMI TEA and LØV ORGANIC brands and products that may interest you, including by email, SMS or mobile notification, as well as targeted advertising directly on social media platforms or third-party websites for sales prospecting purposes.

As an exception to the foregoing and in accordance with applicable regulations in respect of personal data in effect, the ORIENTIS GOURMET Group may send you a sales prospecting communication electronically without your prior consent if you are already a customer and you have not opposed the receiving of sales prospecting material when finalising your purchase (online and/or in store) and when the prospecting involves products or services that are similar to those already provided by the ORIENTIS GOURMET Group.

With regard to promotional emails / SMS or mobile notifications: you can subscribe to our newsletters by ticking the box or by entering your email address and/or telephone number. You may withdraw your consent, as applicable , at any time by (i) unchecking the box in your "My Account" space, (ii) clicking on the “unsubscribe” link provided in each of our communications or, as applicable, sending STOP in response to an SMS, or (iii) contacting us as described in Article 7 below.

Furthermore, after browsing one of our Websites or the Application, you may receive an email even if you have not provided your email address directly to the ORIENTIS GOURMET Group. This sent email is, however, only possible subject to the existence of your express consent. Indeed, we use service providers in order to identify, through the use of cookies, users that have visited one of our Websites or the Application, and to send them personalised emails. These service providers are committed to obtaining, under their own responsibility, your email address via their partners, which have already lawfully collected your address and to which you have expressly consented to the sending of advertisements by third parties. Your data is only collected in an encrypted and unreadable format. If you no longer wish to receive such emails, you may unsubscribe at any time by clicking on the unsubscribe link provided in each of these communications or by contacting us as described in Article 7 below.

With regard to targeted advertising:
On social media platforms: if you have expressly agreed to it, your email address may be shared in hashed form with Facebook for the purpose of communicating promotional offers via the "Facebook Custom Audiences” service. This service enables us to collect anonymous information including age, gender, device platform and interests as well as to create customer lists in order to submit targeted advertising including on customers’ Facebook pages. The hashed information does not authorise Facebook to use it other than to identify an existing customer that is already on Facebook and to send him/her targeted advertising. You may oppose this processing at any time by configuring the settings of your account in relation to advertising or by contacting us in the manner described in Article 7 below.

• On third-party websites: through the use of cookies, we may send you targeted advertising on third-party websites. To find out more and especially on how to manage your consent, you can refer to Article 6, which is dedicated to "cookies".

2.3. Specific information relating to data regarding minors

The offers on our Websites and on the Application do not target and are not intended for children within the meaning of Article 8 of Regulation 2016/679. In using our Websites and the Application, you are thus certifying that you are over 18 years of age, otherwise, please do not use our Websites or the Application without prior parental authorisation.

Consequently, the ORIENTIS GOURMET Group can accept no liability in the absence of such authorisation.

3. ON WHAT LEGAL BASIS/BASES IS YOUR DATA PROCESSED?

The ORIENTIS GOURMET Group needs to process certain data in relation to you insofar as they are, as the case may be:
- necessary for the execution of a contract of sale or for the provision of services or of pre-contractual measures undertaken at your request (for example, to process your order);
- necessary to comply with legal or regulatory obligations (for example, for billing purposes);
- necessary for the legitimate interests pursued by the ORIENTIS GOURMET Group or a third party provided that your interests do not prevail over such (for example, for the purpose of transaction security or for the analysis, optimisation and customisation of our online offering);
- collected with your prior consent: for example, to send you a newsletter to which you have subscribed.

Whatever the processing involved, the ORIENTIS GOURMET Group only processes your data within the limits provided for by the applicable regulations.

4. HOW LONG IS YOUR DATA RETAINED FOR?

Your data is retained for the period during which you use our services, and deleted at the latest three years from the time of our last contact (such as your last purchase, or last click on a hyperlink contained in an email), except in the case of the anonymisation of these data for statistical reasons or when you consent to a longer period.

By way of exception, the data allowing for the proof of a right or a contract to be established, or retained for compliance with a legal obligation, can be the object of an intermediate archiving policy for a duration not exceeding that necessary for the purposes for which they are retained, in accordance with the provisions in force (in particular but not exclusively those provided for by the French Commercial Code, the French Civil Code and the French Consumer Code).

Should you exercise your rights under the conditions provided for in Article 7 of this Policy, the data relating to identity documents may be kept for the period provided for in Article 9 of the French Code of Criminal Procedure (i.e. 1 year). Other relevant data collected in this context may be archived during the limitation period provided for in Article 8 of the French Code of Criminal Procedure (i.e. 3 years).

Finally, the information stored in your terminal (e.g. cookies), or any other element used to identify you and enabling your traceability, as well as raw traffic data associated with an identifier, will be retained for a maximum of 13 months. Beyond this time, your data are either deleted or anonymised.

5. WHO HAS ACCESS TO YOUR DATA?

Your data may only be disclosed to the following recipients or categories of recipients, within the limits of their respective remits and to the extent that such transmission is strictly necessary to fulfil the purposes set out in Article 1 of this Policy:

• Authorised personnel from the marketing, customer, sales, administrative, logistics and IT departments of the ORIENTIS GOURMET Group, as well as their line managers;
• Third-party companies operating the KUSMI TEA-branded stores;
• Persons in charge of internal and external control remits;
• Hosting and maintenance service providers for the customer/prospect database(s);
• Subcontractors, service providers and external companies involved in the execution of sales contracts, CRM activities, the customisation of Website and Application content as well as the production of advertising content, the execution of financial transactions, the dispatching of orders and in the provision of the chat service, as well as the conducting of statistical, marketing and behavioural studies. These entities are required, to the same extent as the ORIENTIS GOURMET Group itself, to ensure that data are protected.

All persons under our responsibility and companies authorised to access your personal data are bound by a confidentiality agreement.

You are hereby informed that your personal data may be transferred outside of the European Union to the American subsidiary ORIENTIS DISTRIBUTION Inc. and its sub-subsidiaries, which are all located in the United States. In order to ensure that your personal data have a level of protection equivalent to that offered by the applicable European regulations, ORIENTIS GOURMET has concluded an agreement with its American subsidiary ORIENTIS DISTRIBUTION Inc., in accordance with the contractual clauses validated by the European Commission and the CNIL.

We may also disclose your data in order to respond to legal or regulatory requests, court decisions, summonses or legal proceedings, should compliance with the regulations in force so require, and in the case where the ORIENTIS GOURMET Group or one or more of its subsidiary(s) might transfer all or part of its assets to a third-party company.

Under no circumstances does the ORIENTIS GOURMET Group sell or rent your personal data to third parties for the purpose of marketing their own activities.

The case of social networks: As part of the information collected when using social networking features (including Facebook and Google +), we hereby inform you that such use is likely to result in data exchanges between the ORIENTIS GOURMET Group and said social networks. Some of your information may be transferred to a country other than your country of residence and in particular outside of the European Union. We recommend that you consult their privacy policy in order to learn about the purposes, including advertising, of the use made of the navigation information that these social networks can collect through their features. Should you not want these social networks to collect information about you while browsing the Websites or the Application, we advise you to disconnect from these social networks before visiting our Websites or the Application. You can also manage your privacy preferences directly with the social networks’ tools.

Payment service provider: All phases of payment are performed through our payment system HIPAY, a certified PCI-DSS provider, in order to ensure the security of payments. This system is fully encrypted and protected. HIPAY does not retain the card numbers after transmitting the payment transaction to ORIENTIS GOURMET. ORIENTIS GOURMET receives only the information on the payment transaction. For more information, please read the HIPAY Privacy Policy.

Service provider as part of our customer service: As part of the information collected when using our customer service via chat, we hereby inform you that our service provider, IADVIZE, is likely to communicate these data to third parties in the case of legal obligation or when these third parties are processing data on behalf of IADVIZE. You can disable the use of cookies by selecting the appropriate settings on your browser. However, such disabling may prevent certain Website features from being used. By using our Websites, you expressly consent to the processing of your nominative data by IADVIZE under the conditions and for the purposes described in this Privacy Policy. For more information, go directly to their privacy policy.

6. DO WE USE TRACEABILITY TOOLS FOR YOUR ONLINE NAVIGATION AND WHY?

6.1. Use of cookies

Definition of the term "cookie"

Cookies are used to facilitate navigation of our Websites and Application, and to streamline registration or audience measurement processes. Cookies are text files installed on your terminal (hard disk of your computer, tablet or smartphone) by a webpage server. Your computer is probably configured to accept cookies. However, you can change this setting to refuse to accept them and we suggest that you do this if you are worried about using cookies.

When you visit our Websites and the Application in order to search, read or download information, the ORIENTIS GOURMET Group collects and retains certain "visitor information" about you, such as the domain name and the host computer from which you are accessing the Internet, the internet protocol (IP) address of the latter, the date and time of navigation on our Websites and Application, as well as the URLs from which you navigated in order to arrive on its Websites. You must consent in order to select your country of purchase, to place an order and to keep your selection in the shopping cart. The ORIENTIS GOURMET Group also uses this information to analyse and measure traffic to our Websites and the Application as well as to target advertisements that correspond to your areas of interests.

If you do not want the ORIENTIS GOURMET Group to collect this type of information, we recommend that you do not browse our Websites.

The different types of cookies that we use 

Here are the different types of cookies used on our Websites and the Application:

• Cookies that are strictly necessary for the operation of our Websites and the Application: these cookies are necessary for the proper functioning of our Websites and the Application and enable the registration of your order, the operation of the joint shopping cart between the KUSMI TEA and the LØV ORGANIC Websites, and the identification of customers through their personal accounts. The Websites and the Application require your express consent to the use of cookies in order to manage your cart and to identify you over the course of your visit.

• Statistical cookies: these allow for the collection of anonymous statistical data in relation to traffic to our Websites and Application. This service is provided on our behalf by GOOGLE ANALYTICS. The information generated by this type of cookie is generally transmitted to a Google server in the United States where it is stored. For more information on Google's use of your data, the settings and opt-out options, please refer to Google's Terms of Service.
• Performance cookies: these enable the improvement of the navigation, the services provided such as language preferences, the display and the fluidity of the pages on our Websites and Application.
• Social network cookies: When an Internet user accesses our Websites and the Application through a social network user account (including Facebook or Google +), the social network transmits public data relating to the profile of the user to the ORIENTIS GOURMET Group using its cookies. For more information about the use of your data by these social networks or to manage your privacy preferences, please refer directly to their privacy policies.
• Advertising cookies: these cookies record information in order to send you personalised, targeted advertising that is tailored to your areas of interest. They also help us to measure activity in our advertising spaces, in order to measure the audience. The information collected and processed in this context is likely to be shared with other sources. The ORIENTIS GOURMET Group uses the services of GOOGLE ADWORDS and GOOGLE ANALYTICS as well as those of CRITEO. To learn more about CRITEO or to disable this service, please click here. If you would like to learn more about Google's use of your data for advertising purposes, please refer to the Google Privacy Policy or their Preference Management Tool.

User cookie management

You may at any time express and modify your wishes in respect of cookies. In order to exercise your choices with regard to the different browsers, you can consult the following pages:
• Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
• Safari™: http://www.apple.com/support/mac-apps/safari/
• Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
• Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
• Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html
You can also configure your browser to send a code indicating to websites that you do not want to be tracked ("Do No Track" option). For: • Internet Explorer™: http://windows.microsoft.com/fr-fr/internet-explorer/use-tracking-protection#ie=ie-11
• Safari™: http://support.apple.com/kb/PH11952
• Chrome™: https://support.google.com/chrome/answer/114836?
• Firefox™: https://support.mozilla.org/fr/kb/comment-activer-option-ne-pas-pister
• Opera™: http://help.opera.com/Windows/12.10/fr/notrack.html
You can also go to the website Youronlinechoices. This European platform is shared by hundreds of Internet advertising businesses and is a centralised interface enabling you to express your refusal or your acceptance of cookies that may be used to tailor the advertising which may be displayed on your device to the browsing: http://www.youronlinechoices.com/fr/controler-ses-cookies/. The ORIENTIS GOURMET Group hereby informs you that this process will not prevent the display of advertisements on the websites you visit. It will only block technologies that allow for advertisements to be tailored to your interests. The setting you choose may change your Internet browsing experience and your access conditions to our Websites. The ORIENTIS GOURMET Group cannot be held liable for any consequences in relation to the degraded operation of our Websites or the Application resulting from it being impossible for the ORIENTIS GOURMET Group to record or consult the collected data necessary for the operation of our Websites which you may have refused or deleted.

6.2. Use of web beacons

A web beacon is an invisible image file that tracks your navigation on our Websites and Application or on a series of websites. Some of our Website or Application pages may contain web beacons. We use these beacons primarily to count the number of visitors to our Websites and Application and to provide the ORIENTIS GOURMET Group with a number of indicators.

These web beacons can be used with some of our partners, including to measure and improve the efficiency of our Websites and Application.

In any case, the information obtained via these beacons is strictly anonymous and simply enables the collection of traffic statistics on some of our Website and Application pages, in order to better serve customers of our Websites and Application .

7. WHAT ARE YOUR RIGHTS AND HOW TO EXERCISE THEM?

Under the conditions and limits provided by the regulations in force, you have several rights with regard to the processing of your data: • The right to be informed about our use of your personal data. • The right to access the personal information we have about you. • The right to request the correction of incorrect personal information that we have about you (which you can also do directly in the “My account" section, when it exists). • The right to request that we delete your data, or stop processing or collecting it, under certain circumstances. • The right to withdraw your consent, as appropriate, to receiving our news and to oppose the processing of your data (especially for sending you direct marketing messages). • The right to request that we give you your data or that we transfer it to another service provider (right to "portability"). • The right to complain to the national authority in charge of the protection of personal data (in France, it is the CNIL, Commission Nationale de l'informatique et des Libertés, whose website is accessible here). For any questions and/or to exercise your rights, you can contact us via electronic or postal means, by sending a letter with a copy of any relevant identity document to the following address: privacy@orientis.fr

OR

ORIENTIS GOURMET Customer Service - Parc du Hode — 76430 Saint Vigor d’Ymonville

Please specify your name, your physical and/or electronic contact details, as well as, as appropriate, the reference details that you have as a customer of our Websites or Application.

To stop receiving marketing messages from the ORIENTIS GOURMET Group, you can also click on the unsubscribe link in each of our messages.

The ORIENTIS GOURMET Group undertakes to answer you as soon as possible and, in any case, within one month of receiving your request.

If necessary, this period may be extended by two months depending on the complexity and the number of requests sent to us. In this case, you will be informed of this extension and the reasons for this.

If your application is submitted via electronic means, the information will also be provided to you electronically where possible, unless you specifically request otherwise.

In the event that we do not respond to your request, we will inform you of the reasons for our choice and you will have the option of lodging a complaint with a supervisory authority and/or instituting judicial proceedings.

8. HOW DO WE PROTECT YOUR DATA?

The ORIENTIS GOURMET Group has implemented technical and organisational measures to preserve the confidentiality and security of your data and to prevent them from being distorted, damaged, destroyed or from being accessed by unauthorised third parties.

However, you can easily understand that the ORIENTIS GOURMET Group cannot control all risks related to the operation of the Internet and that no technology is 100% reliable. You are thus hereby informed of the existence of potential risks inherent in the use and operation of our Websites and Application and which are beyond our control and our best efforts.

Should you choose to create an account on our Websites and Application, you must ensure the strict confidentiality of your password. You undertake to inform the ORIENTIS GOURMET Group of any unauthorised use of your username and password and of your wish, as the case may be, to delete your account. The ORIENTIS GOURMET Group cannot be held liable for consequences that may result from an unauthorised use of your account.

9. UPDATES TO THE PRIVACY POLICY

The ORIENTIS GOURMET Group reserves the right to modify or update the Privacy Policy at any time. Any change or update will be effective immediately upon its posting on our Websites and Application.

In the event that these changes are deemed to be important by us, we will not fail to keep you informed of such and to seek your consent if this is required by the applicable regulations.

10. APPLICABLE LAW AND DISPUTES

ORIENTIS GOURMET is subject to the rules applicable to the protection of personal data, and, in particular, the European General Data Protection Regulation No. 2016/679 of 27 April 2016 (known as the “GDPR"), as well as all rules under national laws adopted pursuant thereto, in the alternative.

In the event of a dispute and in the event that an amicable agreement cannot be reached, the competent court will be the one determined in accordance with the applicable procedural rules.