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IL MAKIAGE® PRIVACY POLICY

Last Updated: June 2, 2022

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.

This IL MAKIAGE® Privacy Policy (“Privacy Policy”) describes how we use Personal Data that we collect, receive, and store about individuals in connection with the use of the website located at www.ilmakiage.com, and any other related or affiliated websites and mobile applications (each, together with any sub-domains, content and services, the “Sites”), as well as the various product and/or service offerings made available on the Sites (collectively, “Site Offerings”). Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by emailing us at: [email protected]; or sending us U.S. Mail to: IM Pro Makeup NY LP, 110 Greene St., Second Floor, New York, NY 10012.

YOU SHOULD CAREFULLY READ THIS PRIVACY POLICY. By accessing, browsing, and/or otherwise using the Sites and/or Site Offerings, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agreed to be bound by this Privacy Policy, in its entirety. If you do not agree with the terms and conditions of this Privacy Policy in their entirety and/or would prefer that we not collect, use, or share your Personal Data as described herein, you should not use the Sites and/or Site Offerings, or otherwise provide us with any information.

INTRODUCTION
This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Data is collected and used in connection with our Sites.

When we refer to “Personal Data” in this Privacy Policy, we are referring to any information that may be used, either alone or in combination with other information, to personally identify an individual, as well as the personal or material circumstances of an identified or identifiable individual. Different states, countries, and jurisdictions define Personal Data (and similar terms, such as personal information and personally identifiable information) to include different things, but Personal Data includes information, such as first and last name, email address, home or other physical address, telephone number and other contact information, and your photograph (if you provide one to us). It may also include your computer or mobile device IP address and geo-location information, if such data can be linked to a particular person.

This Privacy Policy applies only to Personal Data and other information provided by you and/or collected by us through the Sites. It does not apply to Personal Data and/or other information that we, or other parties, may collect through other means, such as through any business relationship between you and us. Other than where mandated by applicable law, including the jurisdictions governed by the GDPR and UK-GDPR (as those terms are defined below), this Privacy Policy also does not apply to information that you submit on other websites, even if we communicate with you on those other websites, or provide a link to those websites through our Sites. For example, if you login via or post something on Facebook®, LinkedIn®, Twitter®, or other social media or networking sites, that information is governed by the privacy policies of those websites, not by this Privacy Policy.

LEGAL BASIS

We collect Personal Data that you provide to us (e.g., during the registration, email submission, and/or checkout process) to fulfill your request to receive additional information or for the purpose of handling the contractual relationship that you have with IL MAKIAGE®. We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest or pursuant to a contractual relationship between you and IL MAKIAGE®. Please be advised that users may withdraw consent at any time by using the options made available in this Privacy Policy.

TERMS OF USE

This Privacy Policy forms part of, and is fully incorporated into, our Terms and Conditions (“Terms”), which are available here.

SUPPLEMENTAL SECTIONS APPLICABLE TO CERTAIN JURISDICTIONS:

VISITING FROM OUTSIDE THE UNITED STATES; INTERNATIONAL TRANSFERS OF PERSONAL DATA

PRIVACY RIGHTS APPLICABLE TO EUROPEAN UNION AND UNITED KINGDOM RESIDENTS

PRIVACY RIGHTS APPLICABLE TO CALIFORNIA RESIDENTS

PRIVACY RIGHTS APPLICABLE TO NEVADA RESIDENTS

PRIVACY RIGHTS APPLICABLE TO CANADIAN RESIDENTS

PRIVACY RIGHTS APPLICABLE TO AUSTRALIAN USERS

PRIVACY POLICY QUICK LINKS:

HOW AND WHY WE COLLECT PERSONAL DATA

HOW AND WHY WE MAY CONTACT YOUR MOBILE DEVICE

HOW AND WHY WE SHARE PERSONAL INFORMATION

HOW WE COLLECT AND USE NON-PERSONALLY IDENTIFIABLE INFORMATION

COOKIE POLICY

YOUR RIGHTS REGARDING YOUR INFORMATION (Opting-Out; Correcting and Updating Information; Removing Information)

HOSTING OF OUR SITES

OUR SECURITY MEASURES

LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

CHILDREN'S PRIVACY

MODIFICATIONS OF THIS PRIVACY POLICY

QUESTIONS REGARDING OUR PRIVACY PRACTICES

FILING A COMPLAINT WITH THE FEDERAL TRADE COMMISSION

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. 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 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.

  1. Identification and Contact Information.

    1. 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: (i) create an account with us; (ii) contact us using the Sites; (iii) provide answers to quizzes and/or surveys provided by us; (iv) access the Sites from certain marketing material, links and emails; (v) request to receive newsletters and other materials; (vi) submit a product review; (vii) make a purchase (or attempt to make a purchase, but do not complete the purchase process); and (viii) participate in interactive features of the Sites, such as our PowerMatch Quiz.

    2. Below is some additional information on how we collect this information:

      1. 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: 

        1. Direct registration, where you input your Personal Data to complete and submit a registration form directly on our Sites. 

        2. Upon subscription to our Auto-Replenishment service, an Account will automatically be created for you so that you may access, manage and cancel your subscription.
        3. 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. 

      2. 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:

        1. Using our Sites to send or post an invitation message via your Third Party Account; and/or

        2. Using our Sites to send an invitation email to your friend’s external email address (for example, a Gmail address).

        3. 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.

      3. Interactive Site Services: Our Site may from time to time offer interactive services that allow or request you to submit information about yourself in order to receive information, products, and services from us. For example, for our PowerMatch Quiz or similar digital experiences, you may elect to submit, or we may ask you to provide, pictures of yourself.
    3. We collect and use use Identification and Contact Information:
      i) for purposes of verifying your identity when you create an Account, make a purchase, or access certain Site Offerings and/or other features of our Sites;
      ii) for purposes of providing you with Site Offerings, products, services, or content you have purchased, used, or otherwise engaged with;
      iii) for purposes of 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;
      iv) for purposes of sharing invitations and messages with your friends at your request;
      v) for purposes of responding to your inquiries and administrative requests;
      vi) subject to your right to opt out and subject to applicable law, for purposes of sending you newsletters and other marketing and promotional communications that we believe may be of interest to you;
      vii) for purposes of targeting you with relevant ads on third party media companies;
      vii) for purposes of providing and improving our Sites and associated Site Offerings; and
      ix) 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.

    4. At times, we may want to contact you via telephone regarding your use of the Site Offerings. For EU and UK 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 and UK-GDPR, respectively, or we have another valid legal basis under the GDPR and UK-GDPR, respectively, 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. For Australian residents, we will not contact you for telemarketing purposes where you are registered on the Do Not Call Register.

  1. Photo Data.

    1. You may be offered the opportunity to submit a photograph (“Photograph”) in order for us to identify skin conditions and properties. If you provide us with a Photograph of your face, we may apply software and algorithms against it to detect the general structure of your face (“Structural Data,” together with the Photograph, the “Photo Data”) and generate data, as legally permitted, derived from your Photo Data that has been de-identified, anonymized, and/or aggregated as those terms are defined by applicable law (“Derived Data”).

    2. We only collect Photo Data if you provide it to us through your mobile device, computer or other digital transfer as part of our quizzes or other Site Offerings.

    3. We use Photo Data and Derived Data (i) to improve our software and algorithms in order to provide you with the most accurate recommendations of our Site Offerings, and/or (ii) for research, product development, general service improvements, and other legal purposes.

    4. Our legal basis for processing Photo Data provided by you to us is our legitimate business interests, specifically our ability to improve our existing and future Site Offerings.

    5. Unless required to retain Photo Data to comply with the law or defend our rights, we will delete Photo Data upon the earlier of: (1) the initial purpose for collecting or obtaining such Photo Data being satisfied, or (2) 5 years since of your last interaction with IL MAKIAGE®

  1. Billing Information.

    1. Our Sites include the option to purchase products or services from us as a standard sale, as part of our Auto-Replenishment plan, and as part of our Try-Before-You-Buy program. If you choose to make any kind of purchase, we will require sufficient information from you to complete the transaction. Such information could include a credit card number and related account and billing information, invoice related information, and other data required to process the order. Please note that credit card information is considered “Sensitive Data” for purposes of this Privacy Policy.

    2. We collect and use this type of information for the purpose of processing required payments.

    3. IL MAKIAGE® may utilize third-party service providers to provide payment processing services. If you choose to purchase products and/or services via the Sites, the payment method information provided will either be collected directly by the applicable third-party payment processor(s), or we will share that payment method information with those contracted third-party payment processor(s). IL MAKIAGE® requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).

    4. Our legal basis for processing this information is your contractual agreement to pay for our products.

    5. 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.

  2. User-Provided Information.

    1. 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 and/or to provide images of yourself, 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.

    2. We collect and use this information for the primary purpose of allowing our customers and fans to engage with us and others through the Sites.

    3. 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 and for us to learn more about our customers’ needs and preferences with respect to our existing or future product lines.

    4. 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.

    5. 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.

  1. Location Information.

    1. 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.

    2. We collect this information for purposes of offering the Location Services on our Sites so that we can provide the applicable location-based content and any location-based Site Offerings to you.

    3. Our legal basis for processing this information is our legitimate business interests, specifically our ability to provide products and services that are applicable in the area in which our users are accessing and using the Sites.

    4. We will retain this information for only as long as the location services are active on your device.

  1. Log Files.

    1. 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.

    2. 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.

  1. Cookies and Other Tracking Technologies.

    1. Our Sites utilize “cookies,” anonymous identifiers and other tracking technologies which enable us to provide you with information that is customized for you.

    2. For more information, see the “Cookie Policy” section of this Privacy Policy. 

  1. Analytics Services.

    1. 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, but are not limited to: 

  1.  Google® Analytics. Our Sites may use a tool called “Google Analytics®.” We may combine the information collected through the use of Google Analytics® with Personal Data. Google’s® ability to use and share information collected by Google Analytics® about your visits to and use of our Sites is restricted by the Google Analytics® Terms of Service, available here, and the Google® Privacy Policy, available here. You may learn more about how Google® collects and processes data specifically in connection with Google Analytics® here. You may prevent your data from being used by Google Analytics® by downloading and installing the Google® Analytics Opt-out Browser Add-on, available at here. 
  2. Our Sites may use an analytics tool called “Hotjar®.” Hotjar’s® use of information collected through its analytics tools is set forth in the Hotjar® privacy policy available here. You may also opt-out of Hotjar® analytics tracking by visiting the Hotjar® Opt-Out Page, available here.
  3. Our Sites may use a marketing cloud and affiliate program tool called “Impact”. Impact’s use of information and privacy policy can be found here.
  4. Google Optimize. Our Sites may use an A/B Testing tool called Google Optimize. Google Optimize’s use of information and privacy policy can be found here.
  5. Facebook Analytics. Our Sites may use a web analysis tool called Facebook Analytics. Facebook Analytics’ use of information and privacy policy can be found here.
  6. Our Sites may use a web analysis tool called Klaviyo®. Klaviyo’s® use of information and privacy policy can be found here.
  7. Our Sites may use a tool called “BigQuery®.” BigQuery® is owned and operated by Google®. We may combine the information collected through use of BigQuery® with Personal Data. Google’s® ability to use and share information collected by BigQuery® about your visits to and use of our Sites is restricted by the Google® Privacy Policy, available here. You may learn more about how Google® collects and processes data specifically in connection with BigQuery® here

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). BigQuery®, Google® and Google Analytics® are registered trademarks of Google, Inc. (“Google”). Hotjar® is a registered trademark of Hotjar Ltd. (“Hotjar”). Klaviyo® is a registered trademark of Klaviyo Inc. (“Klaviyo”). Please be advised that IL MAKIAGE® is not in any way affiliated with Facebook, Google, Hotjar or Klaviyo, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

  1. 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 websites or online services, as set forth above.


HOW AND WHY WE MAY CONTACT YOUR MOBILE DEVICE

IL MAKIAGE® offers a mobile message service (the "Mobile Service") subject to the terms within this section “How and Why We May Contact Your Mobile Device” (the “Mobile Terms”) as well as our broader Privacy Policy and Terms. Your consent to use of the Mobile Service constitutes your agreement to these terms and conditions.

1. Opt-in to Mobile Service.


a) By consenting to the Mobile Service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.

  • EU and UK residents. We will only contact EU and UK residents via your mobile device (including artificial voice calls, pre-recorded messages, calls, and/or SMS text messages delivered via automated technology, to the telephone number(s) that you provided) regarding your use of the Site Offerings and/or for marketing purposes (including cart reminders) where you provide your consent as required under the GDPR and UK-GDPR, respectively, or we have another valid legal basis under the GDPR and UK-GDPR, respectively, to do so.

  • Canadian residents. We will only contact Canadian residents on your mobile device via SMS text messages to the telephone number(s) that you provided regarding your use of the Site Offerings and/or for marketing purposes (including cart reminders) where you provide your consent as required under CASL, or there is an exemption under CASL enabling us to do so.

b) You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up again for the Mobile Service with your new number.

c) You understand that your consent to participate in the Mobile Service is not a condition of any purchase of our Site Offerings and completely voluntary.

d) Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

e) Text messages may be sent using an automatic telephone dialing system or other technology. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. We do not charge for the Mobile Service, but you are solely responsible for all charges and fees related your use of the Mobile Service, including those imposed by your wireless provider for use of SMS/text messages.

f) You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to 31086 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other IL MAKIAGE® mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

g) For Service support or assistance, text HELP to 31086 or email [email protected].

h) To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service. The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages.

i) Our legal basis for processing this Personal Data is our legitimate business interests, specifically our ability to provide you with the requested Mobile Service in order to offer and promote our Sites and Site Offerings (including cart reminders).

j) We will retain this Personal Data for as long as we continue to have a business purpose for doing so (which will be at least as long as you continue to participate in the Mobile Service), unless a longer period is required by law.

2. Modifications to the Mobile Service and Mobile Terms.

a) We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

b) We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

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.

       1) Sharing Personal Data with Affiliates

    1. We may transfer your Personal Data to other companies within our group, including our subsidiaries, affiliates, and/or related companies, for the purpose of storing, using or processing such information on our behalf. We require that these parties agree to process such information in compliance with this Privacy Policy.

      2) Sharing Personal Data with Third Parties

    2. We may share your Personal Data with our third party service providers and partners, but only to assist us with our business operations and to provide our Sites’ services to you and other users. For example, our service providers may process payments made when you make purchases, deliver products you have ordered, or handle our data management, email distribution and analytics. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Data.

    3. We may share your Personal Data with our third party media partners in an anonymous, encrypted, or hashed format (primarily SHA256 encryption) or in standard format that is hashed or encrypted by the third party upon receipt in order to track and optimize 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.

    4. We may share your Personal Data with our third-party analytics service providers in order to help to improve the functionality and features of the Sites and Site Offerings.

    5. 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.

    6. 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.

    7. We may disclose your Personal Data or any information you submitted via our Sites if we have a good faith belief that disclosure of such information is required, reasonably necessary or helpful to: (a) comply with any applicable law, regulation, legal process, subpoena, court order, or governmental request; (b) enforce this Privacy Policy or our Terms, including investigations of potential violations thereof; (c) detect, prevent, or otherwise address fraud or security issues; and (d) protect against harm to our rights, property or safety, and with respect to our users, yourself or the public.

    8. 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.

    9. We will only use, share, and otherwise process Derived Data where permitted by law.

    10. We will not disclose your information to third parties except as permitted under this Privacy Policy, unless you have given us your separate, express, permission to do so. Notwithstanding the above, we do not share text messaging originator opt-in data and consent with any third parties.

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. Some jurisdictions may consider some of the following categories of information to be personally identifiable information, in which case, we will collect and use such information as personally identifiable information.
      • “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.

COOKIE POLICY

As noted above, our Sites use and allow certain third parties to use cookies. By using our Sites, you consent to the use of cookies as described in this cookie policy.

1. What are cookies?

a) 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).

b) Cookies used on our Sites are generally divided into the following categories:

  • 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 hashed statistical data, not Personal Data. As mentioned above, we use Google® Analytics and HotJar® 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 adjust the settings in your browser to block cookies.
    1. How do we use cookies?

      1. We use cookies to make our Sites work more efficiently, to analyze how our Sites are used so that we can improve the Sites, Site Offerings and the other products and services we offer, and to personalize your visit to the Sites, such as by remembering your IP address when you return to the Sites and by setting language preferences.

      2. We may combine data collected via cookies with Personal Data about you, e.g., tracking items you put into your shopping cart (including when you have abandoned your cart) combined with mobile device numbers you have consented for our use to send SMS cart reminder texts. 

      What are your choices regarding cookies?

      1. 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 adjust the settings in your browser to block cookies.

      2. 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.

    1. Opting Out.

      1. 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.

    2. Correcting and Updating Information

      1. 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].

    3. Removing Information.

      1. 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]

      2. 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.

      3. Any deletion request will not impact our ownership rights or continued processing of Derived Data to the extent permitted by law.

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. By using any of our Sites, you are consenting to your data being transferred to various third party service providers, possibly around the world (including the US).

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 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 unauthorized parties. All 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, and 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.

LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

Our Sites may enable you to interact with or contain links to your Third Party Account and other third party websites that are not owned or controlled by us, referred to herein as “Third Party Services.” We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of any Third Party Services that you choose to use or interact with.

CHILDREN’S PRIVACY

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 people under sixteen (16) years of age. Further, we do not intend to collect Personal Data from anyone we know to be under eighteen (18) years of age; provided, however, that if you are sixteen (16) years of age or older, but younger than eighteen (18) years of age, you can submit information to the Sites through and with the permission of a parent or legal guardian, but only after that parent or legal guardian has reviewed and agreed to the terms of this Privacy Policy in their entirety. If we learn that we have collected Personal Data from a person under eighteen (18) years of age (other than as expressly permitted in the relevant jurisdiction), 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]

MODIFICATIONS OF THIS PRIVACY POLICY

IL MAKIAGE reserves the right to change or update this Privacy Policy at any time by posting a notice on the Sites that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, IL MAKIAGE® will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you affirmatively consent to such use.

QUESTIONS REGARDING OUR PRIVACY PRACTICES 

If you have any comments or questions regarding our Privacy Policy, or how we may be storing and/or using your Personal Data, please contact us via e-mail at: [email protected], or by mail at: IM Pro Makeup NY LP, 110 Greene St., Second Floor, New York, NY USA 10012.

FILING A COMPLAINT WITH THE FEDERAL TRADE COMMISSION

To file a complaint regarding our privacy practices, please Click Here.


VISITING FROM OUTSIDE THE UNITED STATES; INTERNATIONAL TRANSFERS OF PERSONAL DATA

If you are visiting our Sites from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States, as well as any other location where Amazon Web Services (“AWS”) servers are located or the servers of other third party hosting services that we utilize are located (collectively, “Server Locations”). Except as expressly described in this Privacy Policy, we make no representation that the practices we describe are compliant with the laws of other jurisdictions, including laws that apply to the collection, use, disclosure, and security of Personal Data. If you are from Australia, the EU, UK or are otherwise located in the European Economic Area (EEA), we are required to give you information about the transfer of your information outside Australia, the EEA or UK, respectively. 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 the applicable Server Locations. These jurisdictions may not provide the same framework for the protection of Personal Data as Australia, the EEA and UK. By sending us your Personal Data, you are expressly consenting to the transfer of information from your location within Australia, the EEA and UK to our servers in the United States and/or the applicable Server Locations.

In addition, if we send any of your Personal Data to servers located within the EEA and/or UK, if we then transfer your Personal Data from those servers to areas located outside of the EEA and/or UK, we will adopt adequate measures as required by the GDPR and UK-GDPR, respectively (for example, the adoption of standard, approved contractual clauses between us and the recipient).


PRIVACY RIGHTS APPLICABLE TO EUROPEAN UNION AND UNITED KINGDOM RESIDENTS

For our users who are residents of the European Union (“EU”) or the United Kingdom (“UK”), this Privacy Policy is intended to comply with the EU’s General Data Protection Regulation (“GDPR”) and the United Kingdom General Data Protection Regulation (“UK-GDPR”). If you are an EU resident or a UK resident, you have the following rights, subject to certain limitations and exceptions imposed by the GDPR and UK-GDPR, respectively:

    1. 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.

    2. Right to Correct 
      This is the right to have Personal Data in our possession or control corrected if it is accurate or incomplete.

    3. Right to Erasure 
      This is the right to ask us to delete or remove your Personal Data from our systems.

    4. Right to Restrict Use 
      This is your right to block us from using, or to limit the ways we can use, your Personal Data.

    5. Right to Data Portability 
      This is your right to request that certain of your Personal Data be transferred to a different provider.

    6. 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.

    7. Questions or Comments Regarding Your Privacy Rights.

  1. If you have questions relating to the above rights, you can contact us at: [email protected].
  2. If you are a resident of the EU and 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.
  3. For purposes of the GDPR and UK-GDPR, if you are located in the EU or UK, the Data Controller of the information you provide is IM Pro Makeup NY LP, 110 Greene St., Second Floor, New York, NY USA 10012. Our Data Protection Officer may be contacted at: [email protected].
  4. If you are located in the EU, for purposes of the GDPR, you may contact Achieved Compliance Advocacy, our appointed representative in the EU, at the following addresses: [email protected]; or Achieved Compliance Advocacy, Ltd.  C/o Renata Kloss, Singel 250, 1016 AB Amsterdam, Netherlands.
  5. If you are located in the UK, for purposes of the UK-GDPR, you may contact Achieved Compliance Advocacy, our appointed representative in the UK at [email protected]; or Achieved Compliance Advocacy, Ltd.  C/o Robert Cain, 40 Oxford Road, High Wycombe, Buckinghamshire, UK HP11 2EE.
  6. UK residents may also send complaints regarding how we responded to the above requests/how we use your data to the Information Commissioner’s Office (“ICO”) at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Alternatively, the ICO helpline number is: 0303 123 1113 and website is located at: https://www.ico.org.uk.


PRIVACY RIGHTS APPLICABLE TO CALIFORNIA RESIDENTS

These Privacy Provisions for California Residents (“CA Privacy Provisions”) supplement the information contained in the Privacy Policy set forth above. These CA Privacy Provisions apply solely to residents of the State of California (“CA Users”). We adopt these CA Privacy Provisions in compliance with the California Consumer Privacy Act of 2018 (“CCPA”).  Any terms defined in the CCPA (such as “personal information”) have the same meaning when used in these Privacy Provisions.

1) 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. We may, in certain limited instances, disclose your Personal Data to 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.

2) California Consumer Privacy Act of 2018
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 selling or sharing 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.

3) Privacy Rights for California Minors in the Digital World
In addition, if you are a California State resident under eighteen (18) years of age and have registered as a user in violation of this Privacy Policy and our Terms of Use, California Business and Professions Code Section 22581 permits you to remove content or Personal Data that you have publicly posted on the Sites. 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.

4) 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:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.

YES

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.

YES

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).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

F. Internet or other similar network activity.

Browsing history, search history, information on a CA User's interaction with a website, application or advertisement.

YES

H. Sensory Data.

Audio, electronic, visual, thermal, olfactory, or similar information.

YES

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, D and H)

    • 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, F and H)

    • 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, D and H)

5) 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, D and H)

    • To provide you with information, products or services that you request from us. (Category A, B, C, D and H)

    • To create, maintain, customize and secure your account with us. (Category A, B, C, D, F and H)

    • 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, F and H)

    • 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, F and H)

    • 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, F and H)

    • To improve the Sites and better present their respective contents to you. (Category A, B, C, D, F and H)

    • For customer service purposes and to respond to inquiries from you. (Category A, B, C, D and H)

    • For testing, research, analysis and product development. (Category A, B, C, D, F and H)

    • As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Category A, B, C, D, F and H)

    • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Category A, B, C, D, F and H)

    • As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Category A, B, C, D, F and H)

    • 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, F and H)

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.

6) Disclosure of Personal Information

We disclose your personal information for the business purposes set forth above. When we disclose personal information to a service provider, we enter a contractual relationship that describes the purpose for which such service provider may use the personal information and requires that service provider 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. We may share or sell your personal information to third-parties for marketing purposes, including cross-context behavioral advertising. 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:

a) Category A Identifiers.
b) Category B California Customer Records personal information categories.
c) Category C Protected classification characteristics under California or federal law.
d) Category D Commercial Information.
e) Category F Internet or other similar network activity.
f) Category H Sensory data.

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, F and H)

    • Service providers. (Category A, B, C, D, F and H)

    • Third parties who provide certain of the products and/or services featured on the Sites. (Category A, B, C, D, F and H)

    • 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, F and H)

7) 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.

Opt-Out from the Sale of Your Personal Information

Under these CA Privacy Provisions, you have the right to opt-out of our sale of your personal information with third parties. To exercise your right to opt-out of our selling or sharing your personal information with third parties, please submit a verifiable CA User request to us by either:

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) business days of the receipt of your request.

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:

    1. 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.

    2. Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.

    3. Debug products to identify and repair errors that impair existing intended functionality.

    4. 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.

    5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

    6. 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.

    7. Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.

    8. Comply with a legal obligation.

    9. 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:

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 (i) verify the requestor's identity or authority to make the request and (ii) fulfill 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.

Non-Discrimination

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 CA Privacy Provisions in our discretion and at any time. When we make changes to these CA Privacy Provisions, we will notify you by email or through a notice on the Sites’ respective homepages.

Contact Information

If you have any questions or comments about these CA Privacy Provisions, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California State law, please contact us by either:

PRIVACY RIGHTS APPLICABLE TO NEVADA RESIDENTS

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].

PRIVACY RIGHTS APPLICABLE TO CANADIAN RESIDENTS

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 may include: (a) email and/or text messages sent to our current or potential end-users; (b) messages sent to our users’ social media profiles; and (c) 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 either: (i) you have previously provided your express consent, as required by CASL; (ii) we have your implied consent, strictly as permitted under CASL; or (iii) 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: (A) you have a personal relationship or a family relationship with the IL MAKIAGE® employee who contacted you; (B) 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); (C) 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.); (D) the CEM only facilitates or confirms a transaction; (E) the CEM only provides IL MAKIAGE® data security information; and/or (F) 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 database within ten (10) business days.

PRIVACY RIGHTS APPLICABLE TO AUSTRALIAN USERS

We take reasonable steps to make sure that third party recipients located outside Australia handle your personal information in a secure manner and in accordance with this Privacy Policy. However, we cannot always ensure that such third party recipients will comply with Australian privacy law in relation to your Personal Data. As such, where a foreign third party recipient does not handle your Personal Data in compliance with Australian privacy law, we will not be accountable to you and you will not be able to seek redress under Australian privacy law for such non-compliance. By providing us with your Personal Data, you consent to us disclosing your Personal Data to recipients outside Australia on this basis.
If you have any questions, concerns or complaints in relation to our handling of your Personal Data, you can contact us at: [email protected]. If you are unhappy with, or have further questions concerning, our handling of your question, concern, or complaint, you may contact the Office of the Australian Information Commissioner (telephone +61 1300 363 992 or email [email protected]).

Terms and Conditions

Effective Date June 2, 2022

IM Pro Makeup NY LP (“IL MAKIAGE®”, “we”, “us”, or “our”) provides the Site Content (as defined in Section III.A.), products (including samples thereof) and services (together, “Site Offerings”) available on the website located at www.ilmakiage.com, other iterations of the website including mobile applications, and such websites and social media accounts authorized by us to provide Site Offerings (each, together with any sub-domains, and any Site Offerings thereon, collectively defined as the “Sites”), to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Sites in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions").

For purposes of these Terms and Conditions, “you” and “your” means you as the user of the Sites. If you use the Sites on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions, and (b) you agree to these Terms and Conditions on the entity's behalf.


SECTION VII. BELOW TITLED “ARBITRATION AND CLASS ACTION WAIVER” CONTAINS A BINDING ARBITRATION CLAUSE FOR DISPUTES BETWEEN US, A LIMITATION OF OUR LIABILITY TO YOU AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION LAWSUIT. THESE SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS TO BRING CLAIMS AGAINST US, INCLUDING IN COURT. PLEASE READ THEM CAREFULLY.

If you are under eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater than eighteen (18)), you may not, under any circumstances, enter into any transactions on the Sites or provide personal information to us for any purpose, except through your legal guardian under applicable law once your legal guardian has reviewed and agreed to these Terms and Conditions in their entirety. The Sites are not directed to children under thirteen (13) years of age. IF YOU ARE UNDER 13, YOU MAY NOT ACCESS AND/OR USE THE SITES AND/OR SITE OFFERINGS. By accessing or using the Sites, you represent and warrant that you meet all of these requirements.

By accessing or using the Sites, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MAY NOT ACCESS AND/OR USE THE SITES AND/OR SITE OFFERINGS.

TABLE OF CONTENTS

I. General
         A. Privacy
         B. Territory
         C. Agreement
II. Purchases
         A. Prices and Payment
             (i) General
             (ii) Discounts
             (iii) Free Shipping
             (iv) Changes and Pricing
         B. Use Restrictions
III. Billing
             (i) General
             (ii) Auto-Replenishment
             (iii) Try Before You Buy
         D. Order Acceptance; Shipping
         E. Returns
III. Intellectual Property
         A. Ownership
         B. Ownership of Feedback
         C. Limited License; Use Restrictions
IV. Account Creation and User Content
         A. Your Account
         B. User Content
         C. Deletion of User Content
V. Third-Party Information
         A. Third-Party Links
         B. Copyright Infringement Notices
VI. Account Creation and User Content
         A. Disclaimer of Warranties
         B. Accuracy of Information
         C. Limitations of Liability
         D. Indemnification

VII. Arbitration and Class Action Waiver
         A. Initial Informal Process
         B. Arbitration Agreement and Class Action Waiver
             (i) Requirement
             (ii) Jury Trial and Class Action Waiver
             (iii) Venue
             (iv) Discovery
             (v) Arbitral Award
             (vi) Confidential Proceedings
         C. Costs of Arbitration
         D. Opt-Out
VIII. Other Provisions
         A. SMS Messaging and Phone Calls
         B. Consent to Receive Notices Electronically by Posting on the Sites and Via Email
         C. Special Features, Functionality and Events
         D. Updating These Terms and Conditions
         E. Termination of License and Your Account
         F. Injunctive Relief
         G. California Residents
         H. Export Laws
         I. Miscellaneous
         J. How to Contact Us

I. General
A. Privacy

These Terms and Conditions incorporate our Privacy Policy available here. Please visit the Privacy Policy to understand how we protect your privacy and use your personal data.

B. Territory
These Terms and Conditions apply to individuals visiting the Sites from all locations without a dedicated IL MAKIAGE® website (the “Territory”). Dedicated IL MAKIAGE® websites are not governed by these Terms and Conditions and are instead governed by the terms and conditions located on such dedicated websites as may be established from time-to-time. Dedicated websites include, but are not limited to:

C. Agreement
You acknowledge and agree that the Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Sites and supersede and govern all prior proposals, agreements or other communications. We reserve the right, in our sole discretion, to change the Terms and Conditions at any time by posting the changes on the Sites and providing notice of such change. Any changes to these Terms and Conditions are effective immediately upon posting to the Sites after notice of such change. Your continued use of the Sites thereafter constitutes your agreement to all such changed Terms and Conditions and if you do not agree with any of the changes or modifications, you must immediately cease using the Sites.

By accessing or using the Sites, you agree that you will comply with the Terms and Conditions and any warnings or instructions on the Sites. You agree that when accessing or using the Sites, Site Offerings and/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 Sites, Site Offerings and/or any Content or services that may appear on the Sites and may not impair in any way the integrity or operation of the Sites, Site Offerings and/or Content. Without limiting the generality of any other provision of the Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in the 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.

II. Purchases

A. Prices and Payment
(i) General
You can purchase our products and services via the Sites by completing the applicable purchase form and providing the requisite billing information. You acknowledge and agree that all such billing information that you provide is accurate, current and complete. By purchasing any Site Offerings via the Sites, you confirm you understand the function of such product and/or service as set forth on the Sites and intend to use it only for such purpose. When you purchase products, you authorize your credit card, debit card and/or any other payment option provided by you, as permitted by IL MAKIAGE® in its sole discretion (collectively, “Payment Method”) on the form or updated at a later date to be charged the applicable amount during the stated timeframe. You represent and warrant that you have the legal right to use the Payment Method you provide to us or our payment processor. Prices do not include applicable taxes and are in USD. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Site Offerings, and (b) refuse to allow any user to purchase any Site Offerings or deliver such Site Offerings to a user or a user designated address. When you purchase Site Offerings, you (a) agree to pay the price for such Site Offerings as set forth on the Sites, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge the provided Payment Method for the Full Purchase Amount. Charges associated with your purchases will appear on your Payment Method statement through the identifier “IM PRO MAKEUP NY LP.” OTHER THAN AS EXPRESSLY SET FORTH HEREIN TO THE CONTRARY, ALL SALES OF PRODUCTS ARE FINAL AND NON-REFUNDABLE.

(ii) Discounts
IL MAKIAGE® may offer, in our sole discretion, reduced and/or sale pricing, e-gift codes, free products, discounts for Auto-Replenishment, first-time or other types of orders, and/or other promotions from time-to-time (“Promotions”). We reserve the right to terminate any Promotion at any time. Unless superseded by a Promotion’s explicit terms, Promotions (a) apply to online orders only, (b) cannot be combined with other Promotions, and (c) do not apply to sale items, promotional kits, Try Before You Buy orders, products recommended through our quizzes, shipping charges and taxes. Discounts that are restricted to your first-time orders are limited to the first order from a unique account using a unique payment method with delivery to a unique address and cannot be reused if you return your first purchase.

(iii) Free Shipping
Auto-replenishment orders and any order for which you make a $50 or greater payment, excluding Promotions, shipped to addresses within the fifty states of the United States qualify for free standard shipping.

(iv) Changes and Pricing
We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Site Offerings. While we attempt to be as accurate as we can in our descriptions for the Site Offerings, we do not warrant that Site Offerings descriptions are accurate, complete, reliable, current, or error-free. If a Site Offering itself is not as described on the Sites, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Site Offerings for purchase through the Sites at a particular time does not imply or warrant that the Site Offerings will be available at any other time. We reserve the right to change prices for Site Offerings displayed on the Sites at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Site Offerings prices to the Sites and/or upon making the customer aware of the pricing error.

B. Use Restrictions
The Site Offerings are only for your personal use and/or use in providing professional services. You may not commercially sell or resell any of the Site Offerings that 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 Site Offerings to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

III. Billing
(i) General
Failure to use the Site Offerings does not constitute a basis for refusing to pay any of the associated charges. Subject to these Terms and Conditions, you agree to be bound by the billing provisions of IL MAKIAGE® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), IL MAKIAGE® reserves the right to change its billing provisions whenever necessary, in its sole discretion or as permitted by applicable law. Continued use of the Sites and/or purchase of Site Offerings after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

IL MAKIAGE®’s authorization to provide and bill for the Site Offerings is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. IL MAKIAGE®’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

The risk of loss and title for the Site Offerings purchased by you passes to you upon delivery of the products to our designated carrier, but we reserve the right to remedy user issues and concerns with our designated carriers on a case-by-case basis.

(ii) Auto-Replenishment
You may purchase certain Site Offerings from select countries within the Territory using our “Auto-Replenishment” subscription option as made available by and through the Sites. In connection with an Auto-Replenishment subscription, you may select the quantity and frequency of the ordered products, subject to the options made available by IL MAKIAGE®. Your selection of an Auto-Replenishment subscription, while it remains active, serves as your authorization for IL MAKIAGE® to make recurring charges based on the quantity and price of the Site Offerings you select for Auto-Replenishment, plus tax and any applicable shipping charges, to your selected Payment Method for each shipment. Your selection of an Auto-Replenishment subscription serves as your authorization for IL MAKIAGE® to create, with the information that you provide during enrollment and may have provided earlier, an Account on your behalf from where you can manage your subscription. A condition of enrollment in the Auto-Replenishment subscription program is keeping a valid credit card on file in your Account. The actual cost of each shipment may vary depending upon applicable taxes, your chosen product quantity, and your chosen frequency and method of delivery. These recurring fees will be charged upon shipment of the subject Site Offering order. You acknowledge and agree that IL MAKIAGE® does not need to obtain any additional authorization from you for the recurring charges. On any date your Auto-Replenishment subscription is expected to next ship, IL MAKIAGE® is authorized to charge your Payment Method and to have the fees applied to the same. We reserve the right to cancel an “Auto-Replenishment” subscription at any time, in our sole discretion.

You can modify or cancel any Auto-Replenishment order up to 24-hours before that order ships. If you cancel or modify within 24-hours of shipment, that order will not be cancelled or modified. To (a) modify or cancel an order, (b) update your shipping address, billing information, Payment Method, etc. associated with your account, and/or (c) cancel the Auto-Replenishment subscription, please go to www.ilmakiage.com, log into your account by clicking the “LOGIN” button at the upper right corner, and from within “MY ACCOUNT” select the “MY AUTO-REPLENISHMENTS” tab. You may also cancel your Auto-Replenishment subscription by following the link at the bottom of each notification email we send to you prior to shipment of your next order. If you have any issues with your Auto-Replenishment subscription or order, please contact our customer support team at: [email protected].

(iii) Try Before You Buy
You may purchase certain products using our “Try Before You Buy” option as made available by and through the Sites. By placing a Try Before You Buy order, you authorize us to charge your Payment Method immediately for a nonrefundable original shipping fee and to charge the full price of any or all products for which you do not initiate a return or exchange from our returns portal located here during the fourteen (14) days after the date of delivery provided by the carrier (such time period, the “Trial Period”). You acknowledge and agree that IL MAKIAGE® may keep your credit card on file for the Trial Period and does not need to obtain any additional authorization from you to charge for products not returned during the Trial Period. Products purchased after the Trial Period are not eligible for a refund. Your Payment Method may be subject to preauthorization, a temporary hold, for the full purchase price of your Try Before You Buy order, which may reduce the available balance or credit limit of your Payment Method for the duration of the temporary hold. An auto-replenishment subscription selected with a Try Before You Buy product that is returned during the Trial Period will be automatically canceled.

Subject to product availability, a Try Before You Buy order (a) may only contain up to three (3) products (i) offered upon completion of a qualifying quiz or (ii) from a single “Look,” i.e., the collection of products featured in a qualifying tutorial on the Sites; (b) is only available for your first purchase of an applicable product; (c) eligible for only up to two returns and/or exchanges; (d) must be placed separately from other methods of purchase; and (e) are only available for deliveries to and returns from the U.S. and Canada.

D. Order Acceptance; Shipping

Once we receive your order for a Site Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. We are unable to cancel or edit orders at your request once placed. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and, the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. Shipments that are lost or arrive damaged are the liability of our designated carrier. We may assist you in making a claim for a refund. If your shipment is lost or arrives damaged, please keep the box, packing materials and the item(s) inside and contact us with a picture, as applicable. Lost packages that are documented as delivered by our designated carrier are only eligible for replacement. We are not responsible for shipments undelivered due to incorrect shipping information. In furtherance of our policy of not collecting personal information from persons under the age of 13, you are not allowed to give us the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.

E. Returns
Original shipping costs are always non-refundable. Try Before You Buy Site Offerings are subject to the Trial Period returns policy found here. All orders within the Territory but outside the United States and Canada are final sale. All other Site Offerings purchased at checkout, including Auto-Replenishment orders, must be returned or exchanged within thirty (30) calendar days from the purchase date to qualify for a refund or exchange, unless otherwise stated on the Sites. Discounted merchandise and/or orders placed using an e-gift code are not eligible for exchange. Qualifying returns for such products will only be refunded the discounted amount paid, excluding any applied e-gift code and any original shipping costs, both of which are always non-refundable. All free orders are not eligible for returns or exchanges. We do not offer price adjustments on previously purchased items.

To make returns, visit ilmakiage.com/return, enter the order number and email address associated with the order, select the item(s) you would like to exchange or return, and print a prepaid return label. Only one return label can be downloaded per order. Returns must (i) be carefully packed in the original packing with the original packing slip inside the box, (ii) have the prepaid return label properly affixed to the outside of the package, and (iii) be properly dropped at the courier specified on your return label. Free return shipping is only available for customers who use our prepaid return label and follow our returns process. Any other return shipping process will be at your own expense and not eligible for any reimbursement. We are not responsible for returns lost in transit or not received due to any error in following our returns process. It can take up to two weeks to process returns and credit your account or issue online store credit. Your financial institution may take longer to reflect the transaction.

II. Intellectual Property

A. Ownership
All information and content available on the Sites and its look and feel, including, but not limited to, trademarks, copyrights, trade names, logos, service marks, features, functions, text, graphics, video, logos, button icons, images, audio clips, data compilations and software, any information and content regarding Site Offerings, and the compilation and organization thereof and other intellectual and proprietary rights throughout the world (collectively, the “Site 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. You agree that we and/or our licensors own all right, title and interest in and to the Sites and Site Content (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Sites and Site Offerings other than User Content as defined below), including, without limitation, the exclusive right to create derivative works.
Except as set forth in the Section III.C. below, or as required under applicable law, the Sites may not be used, reproduced, published, distributed, displayed, used to create derivative works, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

B. Ownership of Feedback
We welcome feedback, comments and suggestions for improvements to the Sites (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Sites or in any such Feedback. All Feedback becomes our sole and exclusive property, and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

C. Limited License: Use Restrictions
Subject to your compliance with these Terms and Conditions, we grant you a personal limited, revocable, non-transferable, non-assignable, non-sublicensable and non-exclusive license to access and make use of the Sites. 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 Sites:

  • frame or utilize framing techniques to enclose the Sites or any portion thereof;
  • use any meta tags, meta elements, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Sites, Site Offerings, Site Content (except caching or as necessary to view the Sites), or the personal information of others without our prior written permission or authorization;
  • make any use of the Sites, Site Offerings, or any Site Content other than for personal use;
  • modify, reverse engineer or create any derivative works based upon the Sites, Site Offerings, or any Site Content;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Sites, Site Offerings, or collect any Site Content;
  • engage in any “screen scraping,” “database scraping,” or similar activities to obtain any Site Content;
  • accumulate or index, directly or indirectly, any Site Content or portion of the Sites and/or Site Offerings for any commercial purpose whatsoever;
  • "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
  • intentionally violate any applicable local, state, national or international law;
  • transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Sites and/or Site Offerings; and/or
  • engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Sites for personal, non-commercial use only. A website that links to the Sites: (i) may link to, but not replicate, any and/or all Site 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, the Site Offerings 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 Sites other than the home page. We may, in our sole discretion, request that you remove any link to the Sites, 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 Sites, Site Offerings and/or any Site Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or the Terms and Conditions.

IV. Account Creation and User Content
A. Your Account
Subject to the age restrictions outlined above and our Privacy Policy, you may view and use many features of the Sites without registering, but in order to purchase Site Offerings and/or access and use certain parts of the Sites and/or Site Offerings, you may need to register an account with us. You are solely responsible for any activity on our account and for maintaining the confidentiality of your account, username and password (to the extent you register utilizing a 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 agree to provide us with and maintain current, complete, accurate and truthful information by and through your account. You are responsible 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. You may cancel your online account with us at any time by mailing us at: [email protected]. We reserve the right to refuse service and/or terminate accounts without prior notice if the Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

B. User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available product reviews, suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") to us, whether through the Sites, any third-party websites or otherwise in any manner, you are entirely responsible for such User Content. You hereby grant to us and our parents, subsidiaries, affiliates, partners, and licensors a perpetual, worldwide, irrevocable, transferable, sublicensable, unrestricted, non-exclusive, royalty-free, fully paid up license to use, share, 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 the Sites, Site Offerings and other IL MAKIAGE® products and/or services.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree that User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. 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: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) is known by you to be false, fraudulent, inaccurate or misleading; (iv) you were compensated for or granted any consideration by any third party; or (v) 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 Sites and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Sites, 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 Sites. 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 the Terms and Conditions, we have the right to remove any User Content that violates the 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 the Terms and Conditions or infringe the rights of others.

C. 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 Sites 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 ten (10) business days to process your deletion request.

D. Photo Data
If you provide photographs (“Photographs”) as part of the Site Offerings you agree that we may apply software and algorithms against the Photographs to detect the general structure of your face (“Structural Data,” together with the Photographs, the “Photo Data”) in order to provide you the Services and improve our Site Offerings. You grant us and our designees all right, title, and interest to collect, record, store, analyze, and otherwise process your Photo Data for the purposes set out in the Privacy Policy.

You acknowledge that we may generate data derived from your Photo Data that has been de-identified, anonymized, and/or aggregated as those terms are defined by applicable law (“Derived Data”). You understand and agree that we are and shall be the exclusive owner of all right, title and interest, including copyright, in all Derived Data, and we shall have the sole and exclusive right throughout the universe in all languages and in perpetuity to use and exploit all or any part of the Derived Data, in any format or version, by any means and in any media, whether now known or hereafter developed.

For clarity, Derived Data does not include your Photo Data nor any information that identifies you. We do not intend to sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of your Photo Data nor use it to directly, or combined with any lists, databases or other datasets, identify specific individuals. You may request your Photo Data be deleted as described in the Privacy Policy. You understand that any revocation or deletion shall not impact our ownership rights or continued processing of Derived Data to the extent permitted by law.

B. 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 (“DMCA”), 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 (listed below) for notices of infringement and provide the following:

      • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
      • Identification of the copyrighted work(s) that you claim has been infringed;
      • A description of the material that you claim is infringing and the location of that material on the Site;
      • Your address, telephone number and email address;
      • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Our Designated Agent for notice for claims of copyright infringement is Chief Legal Officer, IM Pro Makeup NY LP, 110 Greene St., 2nd Floor, New York, N.Y. 10012. Email: [email protected]. Telephone: +1 (551) 751-7495. THIS 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]

A user of the Sites who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.


VIII. Account Creation and User Content

A. Disclaimer of Warranties
THE SITES, SITE OFFERINGS, SITE CONTENT AND RELATED PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. 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 THE TERMS AND CONDITIONS, THE SITES, SITE OFFERINGS, SITE CONTENT OR RELATED PRODUCTS AND SERVICES.

Without limiting the foregoing, to the maximum extent permitted under applicable law, IL MAKIAGE®, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “IL MAKIAGE® Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU AGREE THAT NONE OF THE IL MAKIAGE® ENTITIES OR THEIR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITES AND/OR SITE OFFERINGS; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD-PARTY MATERIALS OR OFF-WEBSITE LINKS ON THE SITES; (v) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITES AND/OR SITE OFFERINGS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (vi) ANY INACCURACIES OR OMISSIONS IN SITE CONTENT; OR (vii) EVENTS BEYOND OUR REASONABLE CONTROL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE IL MAKIAGE®
ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

B. Accuracy of Information
We attempt to be as accurate as possible when describing our Site Offerings on the Sites and matching you to products through our quizzes; provided, however, that we do not warrant that the product descriptions, colors, information, quiz results/recommendations or other Content available on the Sites are accurate, complete, reliable, current, or error-free, except as otherwise stated herein.

The Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies and omissions (including after an order has been submitted) and to change and 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.

C. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, 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 SITES AND/OR SITE OFFERINGS, 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 FIVE HUNDRED DOLLARS ($500.00).

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 SITES, SITE OFFERINGS AND/OR THE 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 SITES AND/OR SITE OFFERINGS, TERMINATION OF YOUR USE OF THE SITES AND SITE OFFERINGS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

D. Indemnification
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 in violation of any law, rule, regulation or the Terms and Conditions, (ii) your User Content, or (c) your negligence or willful misconduct. 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.

VII. Arbitration and Class Action Waiver
A. Initial Informal Process
You agree that, in the event of any dispute between you and the IL MAKIAGE® Entities, you will first contact us in writing and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any arbitration or court action.

B. Arbitration Agreement and Class Action Waiver
(i) Requirement
If the dispute remains unresolved thirty (30) days after you first contact us in writing under Section VII.A., any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your purchase or use of the Sites (which include all Site Offerings), will be resolved by arbitration, including threshold questions of the arbitrability of your Claim. You and IL MAKIAGE® agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). The JAMS Rules and the JAMS Consumer Arbitration Minimum Standards, the latter effective July 15, 2009, are available at https://www.jamsadr.com.

(ii) Jury Trial and Class Action Waiver
Arbitration will be handled by a sole, neutral arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms and Conditions will take place on an individual basis – class, consolidated or representative arbitrations and class, consolidated or representative actions are not permitted. You understand that by agreeing to these Terms and Conditions, you and IL MAKIAGE® are each waiving the right to trial by jury or to participate in a class, consolidated or representative action or class, consolidated or representative arbitration. Court review of an arbitration award is limited. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). Notwithstanding the foregoing, you and IL MAKIAGE® will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

(iii) Venue
The place of arbitration will be New York, New York, but if you prefer a hearing in or closer to your hometown area, you and IL MAKIAGE® will confer in good faith in order to identify a reasonable alternative location.

(iv) Discovery
Each of the parties shall cooperate in good faith in the discovery or exchange of nonprivileged information relevant to the dispute as necessary in accordance with the JAMS Rules.

(v) Arbitral Award
The arbitrator’s award will consist of a written statement stating the disposition of each claim, and the award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

(vi) Confidential Proceedings
You and IL MAKIAGE® shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement or unless otherwise required by law or judicial decision.

C. Costs of Arbitration
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules and the JAMS Consumer Arbitration Minimum Standards. If the value of your claim does not exceed $10,000, IL MAKIAGE® will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

D. Opt-Out
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms and Conditions by sending written notice of your decision to opt-out to [email protected] or to the mailing address listed in the “How to Contact Us” section. The notice must be sent to IL MAKIAGE® within thirty (30) days of your purchase of the Site Offerings or agreeing to these Terms and Conditions, otherwise you shall be bound to arbitrate disputes in accordance with these Terms and Conditions. If you opt-out of these arbitration provisions, IL MAKIAGE® also will not be bound by them.

VIII. Other Provisions

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

C. Special Features, Functionality and Events
The Sites may offer certain special offerings or events (such as contests, sweepstakes or other offerings) which may: (i) be subject to terms of use, rules and/or policies in addition to or in lieu of the Terms and Conditions, and (ii) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

D. Updating These Terms and Conditions
We may modify these Terms and Conditions from time to time in which case we will update the “Last Revised” date at the top of these Terms and Conditions. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Site. However, it is your sole responsibility to review these Terms and Conditions from time to time to view any such changes. The updated Terms and Conditions will be effective as of the time of posting, or such later date as may be specified in the updated Terms and Conditions. Your continued access or use of the Sites after the modifications have become effective will be deemed your acceptance of the modified Terms and Conditions.

E. Termination of License and Your Account
If you breach any of the provisions of these Terms and Conditions, all licenses granted by us will terminate automatically. Additionally, we may suspend, disable, or delete your account (or any part of the foregoing) with or without notice, for any or no reason. If we delete your account for any suspected breach of these Terms and Conditions by you, you are prohibited from re-registering under a different name. In the event of account deletion for any reason, we may, but are not obligated to, delete any of your User Content. We shall not be responsible for the failure to delete or deletion of your User Content. All sections which by their nature should survive the termination of these Terms and Conditions shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms and Conditions by us or you. Termination will not limit any of our other rights or remedies at law or in equity.

F. Injunctive Relief
You agree that a breach of these Terms and Conditions will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. To the extent permitted by law, you agree that you will not be permitted to obtain an injunction or other equitable relief of any kind, such as any court or other action that may interfere with or prevent the development or use of any Derived Data.

G. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

H. Export Laws
You agree that you will not export or re-export, directly or indirectly, the Site Offerings and/or other information or materials provided by us hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Site Offerings may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Sites, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

I. Miscellaneous
Nothing contained in the 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 the 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 the Terms and Conditions unenforceable or invalid as a whole but the 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. These Terms and Conditions and the licenses granted hereunder may be assigned by IL MAKIAGE® but may not be assigned by you without the prior express written consent of IL MAKIAGE®.

These Terms and Conditions are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section VII, or if arbitration does not apply, then the state and federal courts located in New York, New York. You and IL MAKIAGE® agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms and Conditions.

J. How to Contact Us
If you have any questions regarding the Terms and Conditions, you may contact us at: IM Pro Makeup NY LP, 110 Greene St., 2nd Floor, New York, N.Y. 10012, by telephone at: +1 (551) 751-7495 or by email at [email protected].