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Image Skincare California Privacy Notice

Effective Date: January 1, 2021

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) and, with respect to Section 4 of this Notice only, certain other Californians as a supplement to Image International Manufacturing, LLC’s and its affiliates’ and subsidiaries’ (collectively referred to as “Image Skincare” “us” “we” “our”) other privacy policies or notices. In the event of a conflict between any other Image Skincare policy, statement or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA. Please see also any general privacy policy or notice posted or referenced on our websites, apps, products, or services including, without limitation, https://imageskincare.com/pages/privacy.

Sections 1 and 2 of this Notice covers our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA, for the twelve months preceding the Effective Date. Sections 3 and 4 of this Notice also explain the rights California Consumers have under the CCPA, and provides other notices to Californians required by other laws. The description of our data practices in this Notice, as required by the CCPA, covers only calendar year 2020 through the Effective Date and will be updated annually. Our practices in calendar year 2021 after the Effective Date may differ; however, if materially different from this Notice we will provide pre-collection notice of the current practices, which may include reference to our general privacy policy or other applicable privacy notices, which will reflect current practices.

Consistent with the CCPA, job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. However, our Personnel may obtain information by contacting our Human Resources department. Publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.

To aid in readability, in some places we have abbreviated or summarized CCPA terms or language, but a full copy of the CCPA is available at Title 1.81.5 of the California Civil Code, Sections 1798.100 - .199 for your review. Terms defined in the CCPA that are used in this Notice with initial capitalizations shall have the same meaning as in the CCPA.


You can click on the following blue links to navigate to the different sections in this Notice.

1. PI WE COLLECT

Based on our 2020 data practices, we give you notice that we collect the following types of PI about California Consumers. This notice will be updated annually, and our current privacy notices at the point of collection, and general privacy policies, may reflect more current practices.

Category of PI

Examples of PI

1.     Identifiers

 

This may include but is not limited to a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, device id, email address, account name, or other similar identifiers.

2.     Personal Records

 

This may include information such as: signature, telephone number, bank account number, credit card number, debit card number, or any other financial information.

 

3.     Personal Characteristics or Traits

This may include, but is not limited to gender, age, skin type, skin concerns.

 

4.     Customer Account Details / Commercial Information

 

This may include but is not limited to: products or services purchased or carried for sale, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

5.     Internet Usage Information

 

This may include, but is not limited to browsing history, search history, and information regarding your interaction with an Internet Web site, application, or advertisement.

6.     Sensory Data

 

This may include but is not limited to audio recordings of customer care calls or similar information.

7.     Professional or Employment Information

This may include, but is not limited to professional, educational, or employment-related information such as job title/role, employment status, professional license information, tax exemption information, resale certificate, business name, company website, business license.

8.     Non-public Education Records

 

This may include but is not limited to education records directly related to a student, maintained by an educational institution or party acting on its behalf, such as student transcripts and student identification information.

The chart above reflects that categories of PI required by the CCPA. There may be additional information that we collect that meets the CCPA’s definition of PI but is not reflected by a category, in which case we will treat it as PI as required by the CCPA, but will not include it when we are required to describe our practices by category of PI.

As permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information, and may elect not to treat publicly available information as PI. We have no obligation to re-identify information or keep it longer than we need it to respond to your requests.

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    A. Sources of PI

We may collect your PI directly from you or from service providers, vendors and suppliers, our affiliates, or other individuals and businesses, social networks, advertising networks, data analytics providers, data brokers as well as public sources of data such as government entities.

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    B. Purposes

Generally, we collect, retain, use, and share your PI to provide you services and as otherwise related to the operation of our business. For more detail on our disclosure of PI, see the next section Sharing of PI. 

We may collect, use and share the PI we collect for one or more of the following business purposes:

  • Processing Interactions and Transactions;
  • Services and Operations;
  • Research and Development;
  • Quality Assurance;
  • Security and Audit Compliance;
  • and Debugging.

Additional Business Purposes include sharing PI with third parties for other than a sale or one of the foregoing Business Purposes as required or permitted by applicable law, such as to our vendors that perform services for us, to the government or private parties to comply with law or legal process, to the consumer or other parties at the consumer’s request, for the additional purposes explained in our Privacy Policy, and to assignees as part of a merger or asset sale (“Other Business Purposes”).

Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed Business Purposes. Our vendors may themselves engage Services Providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an Other Business Purpose for which we are providing you notice.

In addition, we may collect, retain, and use PI for the purpose of sharing it as set forth in the next section.

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2. SHARING OF PI

We may share PI with our service providers, other vendors, and/or affiliates, including without limitation during calendar year 2020 as follows:

Category of PI

Categories of Recipients

1.     Identifiers

 

Business Purpose Disclosure: Operating systems and platforms, social networks, order fulfillment service, email service provider, external call center

Sale: Not Sold

2.     Personal Records

 

Business Purpose Disclosure: Operating systems and platforms, financial institutions

Sale: Not Sold

3.     Personal Characteristics or Traits

 

Business Purpose Disclosure: Operating systems and platforms

Sale: Not Sold

4.     Internet Usage Information

 

Business Purpose Disclosure: Operating systems and platforms, marketing service provider

Sale: Not Sold

5.     Sensory Data

 

Business Purpose Disclosure: Operating systems and platforms, external call center

Sale: Not Sold


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3. CALIFORNIA PRIVACY RIGHTS

The CCPA is a new law and there remain differing interpretations of it and the regulations that implement it. Accordingly, we may from time-to-time update information in our notices regarding our data practices and your rights, modify our methods for you to make and for us to respond to your requests, and/or supplement our response(s) to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

We provide California Consumers the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. As permitted by the CCPA, any Right to Know or Right to Delete request you submit to us is subject to an identity and residency verification process (“Verifiable Consumer Request”). To protect consumer privacy, we will not provide or delete PI unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions at our California Privacy Rights Request page here and respond to any follow up inquires we may make.

Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a Verifiable Consumer Request, but if you have an account we may require you to use it to be verified. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose and otherwise use and to respond to your California Consumer privacy rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest that you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest or not. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.

Consistent with the CCPA and our interest in the security of your PI, we will not deliver to you your financial account number, an account password, or security questions or answers in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.

Your California Consumer privacy rights are as follows:

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    A. The Right to Know

        i. Categories

You have the right to send us a request, no more than twice in a twelve-month period, for the following information about your PI for the period that is twelve months prior to the request date:

  • The categories of PI we have collected about you.
  • The categories of sources from which we collected your PI.
  • The business or commercial purposes for our collecting or selling your PI.
  • The categories of third parties to whom we have shared your PI.
  • A list of the categories of PI disclosed for a business purpose in the prior 12 months and, for each, the categories of recipients, or that no disclosure occurred.
  • • A list of the categories of PI sold about you in the prior 12 months and, for each, the categories of recipients, or that no sale occurred.

To make a request, follow the instructions at our California Privacy Rights Request page here or call us at 1-800-796-7546 and indicate that you are making a right to know categories request. In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer. We are required to verify a consumer’s request to know categories of PI to a reasonable degree of certainty, which may include matching at least two data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer. If you fail to do so we will be unable to verify you sufficiently to honor your request. If we cannot verify you to a reasonable degree of certainty, we will refer you back to this Notice. This is required by the CCPA and designed to protect your privacy.

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

      i i. Specific Pieces

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining. To make a request, follow the instructions at our Consumer Rights Request page here or call us at 1-800-796-7546 and indicate that you are requesting to know the specific pieces of PI that we have collected about you. In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer. We are required to verify a consumer’s request to know specific pieces of PI to a reasonably high degree of certainty, which may include matching at least three data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. If you fail to provide the data points, we will be unable to verify you sufficiently. provide you your specific pieces of PI but will automatically convert your request to a Categories request (explained above) and apply the less stringent Categories verification standard. If we cannot verify you to that standard, we will refer you to this Notice for general information on our data practices. This is required by the CCPA and designed to protect your privacy. .

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

    B. Do Not Sell

We do not believe that we sell your PI as “sale” is defined under the CCPA, and until such time as we change this policy by updating this Privacy Notice, and provide a method to opt-out of sale, we will not sell your PI without your express consent.

There may be cookies and other tracking technologies associated with our online services that may provide data, which may be treated as PI under the CCPA, to other parties that may use it for their own purposes, which in turn may provide that data to other parties for their own purposes. While there is not yet a consensus, we do not believe that data practices of third-party cookies and tracking devices associated with our online services constitute a sale of PI by us and therefore we do not currently treat these activities as a “sale.” However, you can exercise control over cookies on our website, including to disable cookies used for targeted advertising, by clicking here, or clicking on the “Cookie Settings” links on our web site, and adjusting the cookie settings. Please understand that to effectively manage cookies via this cookie settings tool, you must set cookie preferences on all browsers and all devices that you use. If you clear the cookies on your device, you may need to set your cookie preferences again.

In addition, on your browsers and devices may offer settings and features to exercise control over cookies and other tracking technologies operate on or in conjunction with those web browsers and devices,. Third-party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/. For more information on cookies and your choices regarding them, including how to opt-out of certain interest-based advertising, see our Online Privacy Policy. You can also learn more about how to exercise certain choices regarding cookies and interest-based advertising at http://www.aboutads.info/choices/, http://www.aboutads.info/appchoices, and http://www.networkadvertising.org/choices/.

For easy access, here are links on how to manage cookies from some of the more popular browsers:

Third parties may collect PI through our online services for advertising, analytics and other purposes. Click here to opt-out of the sale of PI by participating third parties. This is a third-party program and we are not responsible for its effectiveness. You must opt out on every device and browser you use in order to effectuate your “Do Not Sell” requests with these parties. However, opting out does not mean you will stop seeing ads and you may continue to still see interest-based ads. To learn more about interest-based advertising and additional opt-out choices related to it, please visit here or here.

We do not represent that these third-party tools, programs or statements are complete or accurate. Clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use. Cookie-enabled opt-outs signals may no longer be effective if you delete, block or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices or choices.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. Further, there is not currently a consensus as to how various user-enabled privacy or “do not track” signals or settings should be treated or what they mean, so we will not look for or respond to any that are not expressly listed here as programs in which we participate or otherwise accept, which may change as programs evolve. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

We do not knowingly sell the PI of Consumers under 16.

We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Image Skincare as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

    C. Delete

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement. Note also that we are not required to delete your PI that we did not collect directly from you. To make a request, follow the instructions at our California Privacy Rights Request page here or call us at 1-800-796-7546 and indicate that you are making a request to delete your PI. For any request using any of the methods described on our California Privacy Rights Request page, we will undertake to verify your identity as explained above before we can honor a request. This is to protect you. Also, you can always opt-out of our commercial emails without making a deletion request by following the unsubscribe instructions on the bottom of those messages.

    D. Non-Discrimination and Financial Incentive Programs

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.

    E. Authorized Agents

You may designate an agent to exercise your CCPA rights on your behalf. To exercise your rights via an agent, your agent must (1) if an entity, show proof of registration to do business in California; and (2) submit a written authorization of his or her authority to act on your behalf or a valid power of attorney authorizing the agent to make the request on your behalf. Authorized agents may submit the required information by following the instructions on our California Privacy Rights Request page here. Once the required information has been submitted, you will receive an email at your email address asking you to verify the agent’s authority to submit a request on your behalf and to verify your identity, or, in the case that a power of attorney was provided, we endeavor to verify its authenticity. Once your agent’s authority is confirmed (s)he may exercise rights on your behalf subject to the agency requirements of the CCPA.

    F. Our and Others' Rights

Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law.

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  4. ADDITIONAL CALIFORNIA NOTICES  

In addition to CCPA rights, certain Californians are entitled to certain other notices, including:

    A. Third Party Marketing and Your California Privacy Rights

Separate from your CCPA “Do Not Sell” rights you have the following additional rights regarding disclosure of your information to third parties for their own direct marketing purposes:

We do not share “personal information” as defined by California’s “Shine the Light” law with third parties, other than our affiliates, for such third parties own direct marketing purposes. If you are a California resident you may request information about our compliance with the Shine the Light law by contacting calling our Customer Service Department at 1-855-791-5800 or emailing us at PrivacyRequest@imageskincare.com, or by sending a letter to us at 7130 Seacrest Boulevard, Lantana, FL 33462 (Attention: Privacy Policy). Requests must include “California Shine the Light Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, we are not required to respond to requests made by means other than through the provided, telephone number, e-mail address or mail address.

As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

    B. Online Privacy Practices

For more information on our online practices and your California rights specific to our online services see our online Privacy Policy. Without limitation, Californians that visit our online services and seek or acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:

      - Tracking and Targeting

When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals. For more information on tracking and targeting and your choices regarding these practices, see our online Privacy Policy.

      - California Minors

Although our online service(s) are intended for an audience over the age of 18, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.

    C. eCommerce

In accordance with California Business and Professions Code § 17538 et al., our online return and refund policy is available here. The legal name under which we conduct business online is Image International Manufacturing, LLC and our business address is 7130 Seacrest Boulevard, Lantana, FL 33462. Within five (5) days of our receipt of your request, California residents may receive verification of this information by email by contacting us here.

Residents of California are also entitled to the following specific Consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.

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  5. Contact Us

For more information on your California privacy rights contact us at 1-800-796-7546 or email us here.

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