EFFECTIVE DATE: January 11, 2021 LAST UPDATED: January 11, 2021
INFORMATION WE COLLECT
INFORMATION YOU PROVIDE
You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, when you make a purchase on our Site or in our stores, via our social media pages or through one of our mobile applications. The types of personal information you may provide to us includes:
- Contact information (such as name, postal address, email address, mobile or other phone number, and mobile service provider)
- Age and date of birth
- Username and password, nickname/screen name
- Payment information (such as your payment card number, expiration date, delivery address and billing address)
- Purchase history
- Product preferences
- Your physical characteristics and skincare concerns
- Contact information for friends or other people you would like us to contact
- Content you provide (such as photographs, videos, reviews, articles, survey responses and comments)
- Information provided to us through social media networks or one of our mobile applications when you visit our social media pages or use one of our mobile applications (such as your name, profile picture, likes, location, friend list and other information described on the social media network or in application sign-up page, or your geo-location details when using one of our mobile applications)
- Preferences information such as product wish lists, order history, marketing preferences, and reminder and notification preferences
HOW WE USE THE INFORMATION
We may use the information you provide to:
- Send you promotional materials or other communications (such as general communications and specific communications)
- Provide services to you
- Process your payment card and/or gift card transactions
- Create and manage any online account, including access to your online and any in-store purchase history
- Assist with product selection and replenishment
- Administer any loyalty or membership program
- Respond to your inquiries (including requests and inquiries related to any loyalty program or memberships)
- Tailor ads displayed to you on our Site and elsewhere to your interests and history with us
- Communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, surveys and other offers
- Operate and communicate with you about our social network pages or mobile applications
- Operate, evaluate and improve our business (including developing new products and services; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions)
- Comply with applicable legal requirements, relevant industry standards and our policies
- We also may use the information in other ways for which we provide specific notice at the time of collection.
INFORMATION WE COLLECT BY AUTOMATED MEANS
When you visit this Site, view or click on our online advertisements (including our advertisements on third party websites), visit our social media pages or download and use one of our mobile applications, we also collect certain information about your usage or device by automated means or by using technologies such as cookies, web server logs and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies.
TECHNOLOGIES WE USE
COOKIES, WEB SERVER LOGS AND WEB BEACONS
Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all of the features of our website.
In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our Site and the IP address of the device you use to connect to the Internet.
To control which web servers collect this information, we may place tags on our web pages called “web beacons.” These are computer instructions that link web pages to particular web servers and their cookies.
THIRD PARTY WEB ANALYTICS SERVICES
We may use third party web analytics services on this Site, our social network pages, or our mobile applications. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. You may deactivate the ability of these analytics services to analyze your browsing activities on this Site.
THIRD PARTY WEBSITES
HOW WE USE THE INFORMATION COLLECTED BY AUTOMATED MEANS
We may use the information collected through automated means on this Site for market research, data analytics and system administration purposes, such as to determine whether you’ve visited us before or are new to the Site, to tailor ads displayed to you on our Site and elsewhere and for compliance with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our Terms and Conditions. We also may use the information in other ways for which specific notice is provided at the time of collection.
CALIFORNIA DO NOT TRACK NOTICE
Under California law, website and online service operators are required to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer’s online activities over time and across third-party websites. We currently do not change our tracking practices in response to “do-not-track” signals or other similar mechanisms.
California law also requires website and online service operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our Site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. These third parties do not change their tracking practices in response to “do-not-track” signals from your web browser and we do not obligate these parties to honor “do-not-track” signals. To learn more about browser tracking signals and “Do Not Track,” please visit HTTP://ALLABOUTDNT.ORG.
INFORMATION WE SHARE
We do not rent lists, or sell or otherwise disclose personal information we collect about you, except as described here. We may share your personal information with:
- Our subsidiaries and affiliated companies for internal reasons, primarily for business and operational purposes.
- We may share your personal information with companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail, text messages, and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service.
- Other third parties with your consent (e.g., some Facebook applications may share information collected through those apps with your Facebook friends or other Facebook users).
- In the event that another entity acquires us or all or substantially all of our assets, or assets related to the Site or our services, your information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. Finally, information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.
- We may also share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.
In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
PUBLICLY DISCLOSED INFORMATION
User-Generated Content and Public Information
Name and Likeness
We may also publish your name, voice, likeness and other personal information that is part of your Submission, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding Submissions you submit to the Site, please review our Terms & Conditions.
YOUR RIGHTS AND CHOICES
We offer you certain choices in connection with the personal information we collect from you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us in the manner specified below.
You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below. You also may opt out of receiving marketing emails from MERIT emailing us at firstname.lastname@example.org.
You may opt out of receiving any MERIT loyalty or membership program emails that are not necessary to provide you with loyalty membership services by following the instructions provided in the email. Although you may opt out of loyalty or membership marketing emails, operational emails will still be sent to you. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. In order to stop receiving all MERIT emails, you must terminate the loyalty or membership program.
You may opt out of receiving MERIT emails that are not necessary to provide you with MERIT loyalty or membership services by emailing MERIT membership at email@example.com.
Text Marketing & Notifications
By subscribing to text marketing notifications you agree to receive recurring automated marketing messages and shopping cart reminder messages at the phone number provided. Consent is not a condition of purchases. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. More info view ToS. We determine cart abandoned by using a cookie and check whether the existing user has already opted in for text marketing.
If you do not wish to be part of our service you can unsubscribe at any time by testing STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your unsubscribing from our service. You also agree that by sending an email, calling in, or sending any other means of opt out unsubscribe request or using words different than the ones presented above will not be reasonable means to unsubscribe you.
When you opt in for our service you may expect to get occasional texts concerning latest Text Alerts, Surveys, Welcome messages, Customer win-backs, Text Campaigns, Giveaways, Flash Sales, Upsells.
If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS)
Carriers (AT&T, T-mobile, Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc) are not responsible or liable for undelivered or delayed messages.
Postal Mail Opt-Out
You can ask MERIT to stop sending you marketing communications by postal mail by following the instructions that may be included in a particular promotion. You also can request that we refrain from sending you promotional postal mail by contacting us as indicated below.
Social Networking Application Opt-Out
To remove or delete our social media applications from your social networking account, follow the instructions from the social network.
When you use one of our mobile applications, we may ask you for your geo-location. You may choose not to share your geo-location details by adjusting your mobile device’s location services settings. To decline from sharing your geo-location details, follow the instructions on your mobile device on changing the relevant settings; otherwise, please contact your service provider or device manufacturer.
You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services.
Reviewing, Updating and Modifying Personal Information
Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. We may take reasonable steps to verify your identity before granting access or making corrections.
You may request to review, change or delete your personal information by sending an email to firstname.lastname@example.org.
If you are under thirteen years of age, you may browse our Site. However, you may not provide personal information to us and you may not download any of our mobile applications. This Site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the Site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the Site, we will delete the information from our records.
HOW WE PROTECT PERSONAL INFORMATION
We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances, including the security of your data during transmission to us or the security of data on your mobile device.
LINKS TO OTHER WEBSITES
Our website may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.
Power Beauty Co. is not an entity that is covered by HIPAA. The HIPAA privacy rules apply to health plans, health care clearinghouses, to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”) and their service providers (“business associates”). This means that the information that you provide to us is not protected by the HIPAA privacy rules and regulations.
As of January 1, 2020, California residents are provided with specific rights regarding their personal information. This section describes further how we comply with the requirements of the California Consumer Privacy Act of 2018 (“CCPA”) and your rights under that law. Any capitalized terms used but not defined in this section shall have the meanings given to them in the CCPA. This section does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Our Privacy Notice for California Residents discloses the categories of information that we have collected in the past 12 months, the sources of that information, the purpose for that collection, use and sharing, and the categories of third parties with whom we share that information.
We collect this personal information from the following categories of sources:
- Consumers, including you;
- Service providers;
- Third party sources, including social media
- Our commercial purposes, including fulfilling orders, improving our website and presenting its contents to you, marketing, advertising, offering promotions, authentication, providing you with information you request, identity resolution, fraud prevention, facilitating transactions, and providing you with customized services or recommendations near you (including marketing and advertising).
Our business purposes as identified in the CCPA, which include:
- Auditing related to our interactions with you;
- Legal compliance;
- Detecting and protecting against security incidents, fraud, and illegal activity;
- Debugging and improving our services;
- Performing services (for us or our service provider) such as account servicing and analytics;
- Internal research for technological improvement;
- Internal operations;
- Processing job applications;
- Testing, research, analytics and development;
- Activities to maintain and improve our services; and
- Other one-time uses.
Recipients of California Personal Information.
The CCPA has defined a “sale” to include any transfer of personal information by us to another entity for anything of value. For these purposes, in the past 12 months, we have “sold” (for the purposes of the CCPA) the categories of personal information designated above to the third parties below for a business or commercial purpose as disclosed in our Privacy Notice for California Residents.
We may disclose the categories of personal information designated above to the categories of third parties listed below for business purposes including but not limited to:
- Service providers to assist us in Site operations, to manage a database of customer information, to host out Site, to design and/or operate the Site’s features for us, to track our Site’s activities and analytics, to enable us to send you special offers or perform other administrative services, or to assist us in maximizing our business potential.
- Third parties when you agree to receive information from third parties or otherwise request that we share your information.
- Network advertisers, ad agencies and other vendors to serve advertisements
- Promotional partners, such as when you enter a promotion, contests or sweepstakes on the Site.
- Third parties, such as third party clothing brands, when you access pages from our Site and click on a link linking you to third party websites and/or apps.
- Internet cookie data recipients, such as Google Analytics.
- Third parties for legal and administrative reasons.
- Social media companies.
Your Rights and Choices
As applicable under the CCPA, from January 1, 2020, if you are a California resident, you may make requests to us as set out below. We will review all requests received and determine the extent to which and how to respond. We will not discriminate against any California resident who makes such requests.
Right to access/know
You may request from us a list of: (i) the categories and specific pieces of personal information we collect, use, disclose, and sell about you; (ii) the categories of sources from which we collected your personal information; (iii) our purposes for collecting or selling your personal information; (iv) the categories of your personal information that we have either sold or disclosed for a business purpose; and (v) the categories of third parties with which we have shared personal information. In addition, for certain categories of personal information, you have the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties.
Right to delete your personal information
You may request to delete your account and the personal information we have collected from you or maintain about you.
Right to opt-out from the sale of your personal information
You may request, at any time, to direct us to stop “selling” (for the purposes of the CCPA) your personal information. California law may characterize our sharing of personal information with companies that provide services to us, such as companies that help us to market or advertise our products and services to you, as “sales”. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
Right to Non-Discrimination
You have the right to not receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. We may offer you certain financial incentives permitted by applicable law as compensation for allowing us to collect, sell, or maintain your personal information.
To exercise rights described above, please submit a verifiable consumer request to us by either:
- Emailing us at email@example.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or 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 the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
You may also submit such requests through an authorized agent. To designate an authorized agent, please send us a notarized power of attorney / notarized letter authorizing said agent. Requests from agents that do not submit such proof that they have been authorized by you to act on their behalf will be denied.
OTHER CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
HOW TO CONTACT US
If we need, or are required, to contact you concerning any event that involves your personal information we may do so by telephone or email.
MERIT Customer Experience Team
750 N San Vicente Blvd
West Hollywood, CA 90069