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Last Updated: January 27, 2020
IM Pro Makeup NY LP (“IL MAKIAGE®”, “we”, “us”, or “our”) respects the privacy of your Personal Data (defined below), and as such, we make every effort to ensure that your Personal Data is protected and private.
ADDITIONAL RIGHTS APPLICABLE TO RESIDENTS OF THE EUROPEAN UNION
Right to Access – this is the right to request copies, in a machine readable format, of those portions of your Personal Data that we have collected.
Right to Correct – this is the right to have Personal Data in our possession or control corrected if it is accurate or incomplete.
Right to Erasure – this is the right to ask us to delete or remove your Personal Data from our systems.
Right to Restrict Use – this is your right to block us from using, or to limit the ways we can use, your Personal Data.
Right to Data Portability – this is your right to request that certain of your Personal Data be transferred to a different provider.
Right to Object – this is your right to object to our use of your Personal Data, including when we use it for our legitimate interests, including for marketing purposes.
If you have questions relating to the above rights, you can contact us at: [email protected]
If you are not satisfied with how we have responded to any request that you submit to us regarding the above rights, you may be able to raise your complaint with the Data Protection Authority in your jurisdiction. You can find your national Data Protection Authority here.
For purposes of the GDPR, if you are located in the EU, the Data Controller of the information you provide is IM Pro Makeup NY LP, 110 Greene St., Suite 305, New York, NY USA 10012. Our Data Protection Officer may be contacted at [email protected].
If you are located in the United Kingdom or the EU, you may contact Achieved Compliance Advocacy, our appointed representative in the UK and the EU, at the following addresses:
By email: [email protected]
By mail: Achieved Compliance Advocacy, Ltd. C/o Renata Kloss, Singel 250, 1016 AB Amsterdam, Netherlands.
By email: [email protected]
By mail: Achieved Compliance Advocacy, Ltd. C/o Robert Cain 40 Oxford Road, High Wycombe, Buckinghamshire, UK HP11 2EE.
YOUR CALIFORNIA PRIVACY RIGHTS/DISCLOSURES
Shine the Light. California Civil Code Section 1798.83 permits our customers who are California State residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. IL MAKIAGE® will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. California State residents may request the following information regarding our disclosure of your Personal Data to third parties: (a) how your Personal Data was disclosed to third parties; (b) a list of certain categories of Personal Data that we have disclosed to certain third parties during the immediately preceding calendar year; and (c) a list of certain categories of third parties that received Personal Data from us during that calendar year. To make such a request, please send an email to [email protected] Please note that we are only required to respond to one request per customer each year.
California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our “Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California State resident.
Privacy Rights for California Minors in the Digital World. In addition, if you are a California State resident under the age of eighteen (18) and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data that you have publicly posted. If you wish to remove such content or Personal Data and you specify which content or Personal Data you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal, you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and, as such, there may be circumstances in which the law does not require us to enable removal of content.
YOUR NEVADA PRIVACY RIGHTS
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: [email protected]
ADDITIONAL RIGHTS APPLICABLE TO CANADIAN USERS
We are committed to providing transparency to outside parties (which we may electronically communicate with) with respect to our compliance practices associated with Canada’s Anti-Spam Legislation, and its implementing rules and regulations (“CASL”). The types of commercial electronic messages (“CEM”) that we may send from time to time could include email and/or text messages sent to our current or potential end-users, as well as messages sent to our users’ social media profiles, including CEM sent in connection with your use of the Site Offerings and/or IL MAKIAGE® products and/or services that we think might be of interest to you.
If you have received a CEM from us, it is because: (a) you have previously provided your express consent, as required by CASL; (b) we have your implied consent, strictly as permitted under CASL; or (c) the type of CEM sent is exempt under CASL. Without limiting the foregoing, a CEM sent by us would be exempt if the CEM or the relationship between you and IL MAKIAGE® includes any of the following: (i) you have a personal relationship or a family relationship with the IL MAKIAGE® employee who contacted you; (ii) the CEM was sent by IL MAKIAGE® to you in order to respond to your request or inquiry (including, without limitation, your request for Site Offerings and/or other IL MAKIAGE® products and/or services); (iii) the CEM was sent by IL MAKIAGE® to you, in order to enforce a legal right or obligation (for instance, if you have an outstanding debt, breached the Terms, etc.); (iv) the CEM only facilitates or confirms a transaction; (v) the CEM only provides IL MAKIAGE® data security information; and/or (vi) the CEM only provides information about your ongoing use of the Site Offerings if you have made a purchase during the prior two (2) year period.
If you have received a CEM, and you believe that you should not have, please contact us immediately at: [email protected] in order to unsubscribe and we will remove your electronic address from our list within ten (10) business days.
HOW AND WHY WE COLLECT PERSONAL DATA
Please see our Provisions for California Residents below for additional details regarding the categories of Personal Data collected, and the business purposes for such collection.
Providing Personal Data is your choice. We do not currently require you to provide Personal Data in order to access general information available on our Sites. However, if you choose to make use of certain Site Offerings and/or Site features, you may need to provide certain Personal Data to us. If you choose not to provide mandatory Personal Data, you may still visit parts of our Sites but you may be unable to access certain Site Offerings, options, programs, offers, and services that involve our interaction with you. If you do provide us with any Personal Data as described below, you agree that it will be accurate and complete, and it is your responsibility to keep it current.
The types of Personal Data you may be asked to provide, and the circumstances in which we request it, are described below. We present the information below based on the categories of information collected, but please be aware that similar specific pieces of information may apply to multiple categories. For example, your name and email address may be included within each of the “Identification and Contact Information,” “Billing Information,” and “User-Provided Information” categories described below.
Identification and Contact Information.
This is information that identifies you as an individual, such as your first and last name, and information that enables us to contact you, such as an email address, mailing address, or phone number, as well as information about Site pages and products you have browsed, and actions taken on these pages. This information is generally collected when you create an account with us, when you contact us using the Sites, when you request to receive newsletters and other materials, when you make purchases, and when you participate in interactive features of the Sites, such as our PowerMatch Quiz.
Below is some additional information on how we collect this information:
Account Creation: During your use of our Sites, and in order to use certain Site Offerings, you may choose or be required to create an account, referred to herein as an “Account.” We may offer different options to create an Account, including:
Direct registration, where you input your Personal Data to complete and submit a registration form directly on our Sites.
Registration using third party accounts, where you use a “login with…” (or similar) button that we display on our Sites for a designated third party service, referred to herein as a “Third Party Account,” such as Facebook® or Google®. Doing so will enable you to link your Account and your Third Party Account. If you choose this option, then you will be required to approve the connection as well as the types of information (which may include Personal Data) that we will obtain from your Third Party Account and the types of activities that we may perform in connection with your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.
Share with Friends Services: Our Sites may allow you to invite friends to use our Sites by sending them an invitation email or message. You may do so by:
Using our Sites to send or post an invitation message via your Third Party Account; and/or
Using our Sites to send an invitation email to your friend’s external email address (for example, a Gmail address).
If you send or post an invitation message to a friend, we may collect Personal Data about the recipient, such as their email address or Third Party Account user name and ID. Your name and/or email address may also be included in their invitation or email message. If we collect Personal Data about the recipient of an invitation from you, we will only use such Personal Data for the one (1) time purpose of sending the subject invitation message, and for no other purpose.
We collect and use this category of Personal Data for the purposes of (a) verifying your identity when you create an Account, make a purchase, or access certain Site Offerings and/or other features of our Sites; (b) providing you with Site Offerings, products, services, or content you have purchased, used, or otherwise engaged with; (c) contacting you regarding your use of the Site Offerings, purchases, or your Account, which may include providing updates and/or seeking feedback on our products; (d) sharing invitations and messages with your friends at your request; (e) responding to your inquiries and administrative requests; (f) subject to your right to opt out and subject to applicable law, sending you newsletters and other marketing and advertisement communications that we believe may be of interest to you; (g) targeting you with relevant ads on third party media companies (h) providing and improving our Sites and associated Site Offerings; and (i) for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.
At times, we may want to contact you via telephone regarding your use of the Site Offerings. For EU residents, we will only contact you via telephone regarding your use of the Site Offerings and/or for telemarketing purposes where you provide your consent as required under the GDPR, or we have another valid legal basis under the GDPR to do so. For US residents, by submitting your Personal Data by and through the Sites and/or Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact US residents via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Our legal basis for processing this Personal Data is our legitimate business interests, specifically our ability to provide you with the requested Site Offerings, to offer you our products and services, and to promote our Site Offerings and the content of our Sites.
We will retain this Personal Data for as long as we continue to have a business need to do so (which will be at least as long as you continue to maintain an Account), unless a longer period is required by law. Such business needs may include legal, taxation, accounting, risk management, and other business purposes.
We collect and use this type of information for the purpose of processing required payments.
Our legal basis for processing this information is your contractual agreement to pay for our products.
We will retain this information for as long as necessary to complete your purchase and/or to process any return, unless you have opted to save your billing information. If you do so, we will retain the information for as long as you maintain your Account.
Some parts of our Sites may enable you to build a public profile in connection with your Account, referred to herein as a “Public Profile.” Your Public Profile may include your name and other information that you choose to include in your Public Profile, such as your gender and a profile picture. Our Sites may also include interactive features, such as our PowerMatch Quiz that allows you to answer questions about your preferences, or pages that allow users to submit product reviews or upload content. If you participate in any of these interactive areas, we will collect whatever Personal Data you choose to include.
We collect and use this information for the purpose of allowing our customers and fans to engage with us and others through the Sites.
Our legal basis for processing this information is our legitimate business interests, specifically our ability to operate an interactive platform that allows our customers and others to learn more about our products.
We will retain this information for as long as we have a business need to do so, unless a longer period is required by law. Note that while you can, in some circumstances, request removal of this type of information, in some cases we may not be able to remove Personal Data that you voluntarily disclose due to technical limitations. We will inform you if we cannot remove information as requested.
A Special Note About User-Provided Information. If you create a Public Profile or use other interactive features of the Sites, or engage with us via any social media websites, the information (including Personal Data) that you submit may be seen and used by others for as long as the applicable web pages remain active, and may be visible longer if pages are cached (depending on your privacy settings associated with your accounts with the applicable social media websites). This information may be used by other end-users of the Sites or the public to send you unsolicited messages. We provided notices and tools on our Sites to inform you of which content may be publicly available. However, We are not responsible for the Personal Data that you choose to post in this manner, and we encourage you to think carefully before posting anything in any public area of our Sites, and only to post information that you are sure you want to be accessible to everyone. Further, the social media websites operate independently from us, and we are not responsible for such social media websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the social media websites with which you interact to help you understand those social media websites’ privacy practices. If you have questions about the security and privacy settings of any social media websites that you use, please refer to their applicable privacy notices or policies.
We may provide certain location-based services, or “Location Services,” through our Sites that are dependent on data related to the geographic location, or the Location Data, of your mobile device and/or other device through which you are accessing our Sites. You should be able to use the settings on your mobile device or other device to turn off location-sharing features.
We collect this information for purposes of offering the Location Services on our Sites so that we can provide the applicable location-based content to you.
We will retain this information for only as long as the location services are active on your device.
HOW AND WHY WE SHARE PERSONAL INFORMATION
Please see our Provisions for California Residents below for additional details regarding how we share Personal Data that we collect.
We may share Personal Data with third parties in the following circumstances:
We may share your Personal Data with our third party media partners in an anonymous, encrypted, hashed format (MD5 or SHA1 encryption) or in standard format that is hashed and encrypted by the third party upon receipt in order to track performance of our marketing efforts (including tracking across multiple devices) and to provide you with relevant content across the web, such as banner ads including products you may have shown interest in, or sales offers for our site.
We may share your Personal Data with our Email Service Provider(s) that help us to send you our marketing and/or transactional email communication.
We may share your Personal Data with our SMS Service Provider(s) that help us to send you our marketing and/or transactional text messages.
We may share Personal Data or any information you submitted via our Sites where we are the subject of bankruptcy proceedings, in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, or acquisition of all or a portion of our business to another company in which Personal Data about our Sites users is among the assets transferred; provided, however, that if we are involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Sites of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.
HOW WE COLLECT AND USE NON-PERSONALLY IDENTIFIABLE INFORMATION
Please see our Provisions for California Residents below for additional details regarding how we collect and share your non-personally identifiable information.
Non-personally identifiable information refers to information that is not and cannot be used to identify a specific individual. While this information may define how you fit into a particular group of people, it is not unique to you, and it cannot be used (without being combined with other information) to specifically identify you.
The following describes how we collect and use non-personally identifiable information through the Sites.
We may (directly or through third parties) make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, internet service provider (ISP), date/time stamp, referring/exit pages, clicked pages, and any other information that your browser may send to us. We may (directly or through third parties) use such information to analyze trends, administer our Sites and/or Site Offerings, track users’ movement around our Sites, and gather information.
Cookies and Other Tracking Technologies.
Our Sites may use the tools described below (the “Analytics Services”) to collect information about the use of our Sites, such as how often users visit our Sites, what pages they visit when they do so, and what other sites they used prior to visiting our Sites. We use the information we collect from the Analytics Services to maintain and improve our Sites and our products and services. The Analytics Services we use include:
4. Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services, as set forth above.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). FullStory® is a registered trademark of FullStory, Inc. (“FullStory”). Google® and Google Analytics® are registered trademarks of Google, Inc. (“Google”). Please be advised that IL MAKIAGE® is not in any way affiliated with Facebook, FullStory or Google, nor are the Site Offerings endorsed, administered or sponsored by Facebook, FullStory or Google.
“Anonymous Information” refers to information that does not enable identification of an individual user, such as aggregated or demographic information about users of our Sites. We may use Anonymous Information or disclose it to third party service providers in order to improve our Sites and enhance your experience with our Sites. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners.
What are cookies?
Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing when you visit a website. Some cookies are deleted once you close your browser or application (session cookies), while other cookies are retained even after you exit so that you can be recognized when you return (persistent cookies).
Essential cookies: These are cookies that are required for the operation of our Sites, such as cookies that enable you to log into secure areas.
Analytics cookies: These are cookies that automatically collect information about your use of the Sites. These help us understand how our visitors are using our Sites and how they navigate through the Sites. These cookies record only anonymous statistical data, not Personal Data. As mentioned above, we use Google® Analytics and FullStory® to analyze user behavior, so these third parties will place these types of cookies on our Sites.
Functional cookies: These are cookies that remember choices that you make when you visit our Sites, such as language options. They help us to personalize your visit to the Sites.
Targeting cookies: These are cookies that record your visit to our Sites, the pages of the Sites that you visit, and the links you followed. They will recognize you as a previous visitor to the Sites and track your activity on our Sites and other websites that you visit after you leave the Site. To opt out of our use of targeting cookies in connection with your visit(s) to the Sites, please send us an email to: [email protected]
What are your choices regarding cookies?
Most web browsers automatically accept cookies, but you can usually change your settings to prevent that, such as by having your device warn you each time a cookie is being sent or choosing to turn off all cookies. This can be done through your web browser settings, and because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings. You can also learn more about how to opt out of targeted behavioral advertising from many major third party network advertisers by reviewing the information here and here. To opt out of cookie usage on our Sites, please send us an email to: [email protected]
If you do disable cookies from your browser you may not be able to access certain sections of the Sites that use essential cookies, and this may make your experiences on the Sites less efficient.
YOUR RIGHTS REGARDING YOUR INFORMATION
Please see our Provisions for California Residents below for additional details regarding how California State residents can delete and/or access their Personal Data.
You may choose not to receive future promotional, advertising, or other Sites-related emails from us by sending us an email to: [email protected], or selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of our Sites and notifications regarding your orders. To stop receiving text messages from IL MAKIAGE®, please reply “STOP” to the text message that you received from us. Please note this preference will only apply to the phone number that received the text message. Please reply “HELP” to receive help information.
Correcting and Updating Information.
If you are a registered user of our Sites, you can access and edit your Account Information online by clicking the “My Account” button on the Sites. You may also have any Personal Data you have provided revised by sending us an email to [email protected]
As noted above, we have standard retention practices with respect to the Personal Data we collect. If you would like to request any earlier removal of your Personal Data, you can email us at [email protected] Please note that we may not be able to completely remove Personal Data from our systems in certain circumstances. This will be true if the data is not in searchable format, if it is retained in backup systems or cached or archived pages, if we need it in order to prevent fraud or future abuse, or if we are required by law to keep it.
HOSTING OF OUR SITES
We do not ourselves host any of our Sites – all hosting is done by third party service providers that we engage. This means that data you provide us or that we collect from you (including any Personal Data) is hosted with such third party service providers on servers that they own or control. Regardless of where such third party service providers are located (and some are located in the US), their servers may be located anywhere in the world (including the US). Your data may even be replicated across multiple servers located in multiple countries. So please be aware that you are consenting to your data being transferred to various third party service providers around the world (including the US).
VISITING OUR SITES FROM OUTSIDE THE UNITED STATES; INTERNATIONAL TRANSFERS OF PERSONAL DATA
If you are from the EU or are located in the European Economic Area (EEA), we are required to give you information about the transfer of your information outside the EEA. If this applies to you, whenever you voluntarily give us your Personal Data, you should understand that your information will be sent by you to the United States and/or Israel, two jurisdictions that do not provide the same framework for the protection of Personal Data as the EEA. By sending us your Personal Data, you are expressly consenting to the transfer of information from your location within the EEA to our servers in the United States and/or Israel.
In addition, if we send any of your Personal Data to servers located within the EEA, if we then transfer your Personal Data from those servers to areas located outside of the EU, we will adopt adequate measures as required by the GDPR (for example, the adoption of standard, European Commission approved contractual clauses between us and the recipient).
OUR SECURITY MEASURES.
We endeavor to safeguard and protect our users’ Personal Data. When users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). Where our registration/application process prompts users to enter Sensitive Data (such as medical information, driver’s license/ID card number, health insurance information, data collected from an automated license plate recognition system, Social Security Number and credit card information) and when we store and transmit such Sensitive Data, that Personal Data is encrypted with advanced TLS (Transport Layer Security).
Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our users’ Personal Data is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user Personal Data to perform a specific job are granted access to user Personal Data. Our employees are dedicated to ensuring the security and privacy of all user Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Sites, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS.
Please see our Provisions for California Residents below for additional details regarding our practices related to the collection and use of the Personal Data of California State residents who are under sixteen (16) years of age.
Our Sites are not structured to attract children under thirteen (13) years of age. Accordingly, we do not intend to collect Personal Data from anyone we know to be under thirteen (13) years of age. If we learn that we have collected Personal Data from a child under thirteen (13) years of age, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at [email protected]
QUESTIONS REGARDING OUR PRIVACY PRACTICES
FILING A COMPLAINT WITH THE FEDERAL TRADE COMMISSION
To file a complaint regarding our privacy practices, please Click Here.
PRIVACY PROVISIONS FOR CALIFORNIA RESIDENTS
Categories of Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver's license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
F. Internet or other similar network activity.
Browsing history, search history, information on a CA User's interaction with a website, application or advertisement.
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated CA User information.
Information excluded from the CCPA's scope, such as:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):
Directly from our CA Users. For example, from online registration forms that our CA Users submit to us in connection with the products and/or services that we offer by and through the Sites. (Category A, B, C and D)
Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or services to them. (Category A, B, C, D and F)
Directly and indirectly from activity on the Sites. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain Sites-related usage details and analytics as same are collected automatically by us and our third party partners. (Category F)
When our CA Users interact with us on our social media accounts, including commenting on and/or liking our posts. (Category F)
From third-parties that interact with us in connection with the products and/or services that we offer to our CA Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Category A, B, C and D)
Use of Personal Information
We may use or disclose the personal information that we collect for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):
To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your purchase of products and/or services, we will use that information to process your order. (Category A, B, C and D)
To provide you with information, products or services that you request from us. (Category A, B, C and D)
To create, maintain, customize and secure your account with us. (Category A, B, C, D and F)
To provide you with e-mail, direct mail and telemarketing messages concerning certain IL MAKIAGE® products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Category A, B, C, D and F)
To deliver relevant Sites-related content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Category A, B, C, D and F)
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Sites’ respective Terms and Conditions. (Category A, B, C, D and F)
To improve the Sites and better present their respective contents to you. (Category A, B, C, D and F)
For customer service purposes and to respond to inquiries from you. (Category A, B, C and D)
For testing, research, analysis and product development. (Category A, B, C, D and F)
As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Category A, B, C, D and F)
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Category A, B, C, D and F)
As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Category A, B, C, D and F)
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. (Category A, B, C, D and F)
We will not collect additional categories of personal information or use the personal information that we collected for materially different, unrelated or incompatible purposes without providing you with notice.
Sharing Personal Information
We do not rent and/or sell your personal information to third parties for marketing purposes; provided, however, that we do share your personal information for the business purposes set forth above.
When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category D Commercial Information.
Category F Internet or other similar network activity.
We disclose your personal information for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):
Our affiliates. (Category A, B, C, D and F)
Service providers. (Category A, B, C, D and F)
Third parties who provide certain of the products and/or services featured on the Sites. (Category A, B, C, D and F)
Third parties to whom you authorize us to disclose your personal information in connection with the products and/or services that we provide to you. (Category A, B, C, D and F)
In the preceding twelve (12) months, we have not sold any personal information to third parties; provided, however, that we may provide your personal information from Categories A, B, C, D and F to third parties who provide certain of the products and/or services featured on the Sites for financial gain.
Your Rights and Choices
The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we have shared that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech rights, ensure the right of another CA User to exercise her/his free speech rights or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, but only if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability and Deletion Rights
To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:
Emailing us at: [email protected] or
Sending us U.S. mail to: IM Pro Makeup NY LP, 110 Greene St., Suite 305, New York, NY 10012.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.
You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:
Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require you to create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
No Sale of Personal Data
IL MAKIAGE does not and will not sell personal data as the term “sell” is defined by the CCPA.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of goods or services; and/or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to these Privacy Provisions
We reserve the right to amend these Privacy Provisions in our discretion and at any time. When we make changes to these Privacy Provisions, we will notify you by email or through a notice on the Sites’ respective homepages.
Emailing us at: [email protected] or
Sending us U.S. mail to: IM Pro Makeup NY LP, 110 Greene St., Suite 305, New York, NY 10012.
Terms and Conditions
Effective Date 06/01/2018
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here .
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
All information and content available on the Site and its look and feel, including but not limited to trademarks, copyrights, trade names, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof and other intellectual and proprietary rights throughout the world (collectively, the "Content") is the property of Il Makiage or our parents, subsidiaries, affiliates, partners or licensors, and is protected by United States and international rights and laws, including laws governing copyrights and trademarks and applicable intellectual property.
Except as set forth in the Limited Licenses Section below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, published, distributed, displayed, used to create derivative works, exploited, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Limited Licenses: Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with all applicable laws, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time mailing us at [email protected]. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
Third Party Links
We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
Special Features, Functionality and Events
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email at [email protected] and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
Copyright Infringement Notices
We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
Our Designated Agent for notice for claims of copyright infringement is Boaz Arieli, VP Performance Marketing, IM Pro Makeup NY LP, 110 Greene St., Suite 305, New York, N.Y. 10012. Telephone: 917.746.6906.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING IL MAKIAGE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO [email protected]
Disclaimer of Warranties; Limitation of Liability
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF IL MAKIAGEOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail, push notification, mobile notifications,by posting notices on this Site or otherwise. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in these Terms and Conditions, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at [email protected]