Privacy & Security


Welcome to the Perricone MD® website located at www.perriconemd.com (the "Site"). The Site is an Internet property of N.V. Perricone LLC ("Perricone MD®," "we," "our" or "us"). This Privacy Policy ("Privacy Policy") covers our treatment of personal information and other information that we collect when you: (a) access or use the Site and/or Perricone MD® Offerings; and/or (b) request to be contacted by us in connection with your use of, or desire to obtain, the Perricone MD® Offerings. Capitalized terms not defined herein shall have the meaning set forth in the Perricone MD® Website Terms of Use ("Terms of Use"). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE AND/OR PERRICONE MD® OFFERINGS.

By using our site, you agree to the terms of this privacy policy.

Personal Information Collected

We collect personally identifiable information from our users at several different points on the Site to process your Products order, fulfill your customer service needs and otherwise, as applicable. In order to purchase Products, utilize the Interactive Forums and/or access certain other Perricone MD® Offerings, you may be required to open an Account, or register to make a comment, by submitting a registration form or other data submit form (collectively, "Form"). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing address (and billing address where purchasing Products, Gift Cards or other Perricone MD® Offerings); (c) your e-mail address; (d) your daytime and evening telephone numbers; (e) your credit/debit card information (where purchasing Products, Gift Cards or other Perricone MD® Offerings with a credit/debit card); (f) your password; and/or (g) any other information requested by us on the Form.

Credit/Debit Card Information Collection and Use

We use credit/debit card information solely for billing purposes and to fill your Products/Gift Card orders. If we have trouble processing an order, we will use this information to contact you. Also, please rest assured that all purchases and credit/debit card transactions that are processed through the Site are private and secure. We use industry standard encryption technology as made available from VeriSign®, a recognized industry leader, to secure your information. For more information about the data encryption technology utilized on the Site, please visit the VeriSign website, located at www.VeriSign.com.

How We Use Your Personal Information

The personal information that you submit to us remains your property. We will never sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. Where you request to be contacted in connection with the Perricone MD® Offerings, we use the personal information that you provide to: (a) process your orders and otherwise provide you with the Perricone MD® Offerings; (b) respond to your questions or comments; (c) provide customer service and support in connection with the Perricone MD® Offerings; and (d) send you information, periodically, regarding the Perricone MD® Offerings including, but not limited to, via the Newsletter. Without limiting the foregoing, we primarily use your personal information for internal purposes, such as studying our customers' preferences and improving the customer experience.

In connection with responding to your request for, and/or use of, the Perricone MD® Offerings, and/or in connection with the Interactive Services associated therewith, we may contact you at any time, via e-mail, telephone or other means, with updates and/or any other information that we may deem appropriate for you to receive in connection with your requests for information, continued use of the Perricone MD® Offerings and to market and/or keep you informed of certain other Perricone MD® products and/or services that we think might be of interest to you. If you wish to stop receiving the Newsletter and other future communications from us, please see the Opt-Out/Unsubscribe section below.

Without limiting the foregoing, where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you consent to receive SMS text messages and telephone calls, including artificial voice and pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided, from us relating to your use of the Perricone MD® Offerings. You understand and agree that this consent applies even if your telephone number is a wireless number. You further acknowledge and agree that you are not required to consent to the above stated terms to gain access to the Perricone MD® Offerings.

By submitting your telephone number to Perricone MD®, if ever, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the terms of the ATSR.

We may permit our third-party agents, service providers and subcontractors to access your personal information (including credit/debit card information), but they are only permitted to do so in connection with performing services for us and/or to operate and/or provide the Perricone MD® Offerings. They are not authorized to use your personal information for their own benefit.

We reserve the right to release current or past personal information (including credit/debit card information): (i) in the event that we believe that the Perricone MD® Offerings are being, or have been, used in violation of the Terms of Use or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Perricone MD® is 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 Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

Non-Personally Identifiable Information Collection and Use


Cookies A "cookie" is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies to collect anonymous information about how you use the Site by setting and accessing cookies on your computer. We use this information to improve the quality of the Site and/or Perricone MD® Offerings. These cookies track information such as how often you visit the Site, what pages you view and where you go after you leave the Site. These cookies are not linked to your personally identifiable information. To find out more about cookies, please visit www.cookiecentral.com.

Most Internet browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. To disable and reject certain cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a cookie, he or she may still use the Perricone MD® Offerings.

Web Beacons

"Web beacons," or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies. Web beacons are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We utilize web beacons to help us better manage the Content on the Site by informing us what Content is effective. We do not link the information gathered by web beacons to your personally identifiable information.

Behavioral Tracking

Perricone MD® does not itself use cookies, web beacons, pixels and other tracking technology on the Site for purposes of tracking end-users' activities after they leave the Site. However, third parties such as Google® and Adroll® use cookies and other tracking technology to track end-users' activities after they leave the Site. These third parties use the cookies/tracking technology to target applicable end-users with advertisements regarding the Perricone MD® Offerings and other products and/or services that Perricone MD® thinks may be of interest to applicable end-users. End-users may be able to disable some, but not all, of this tracking activity by utilizing the "Do Not Track" setting or similar options within most major Internet browsers. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site.

Use of Non-Personally Identifiable Information

Perricone MD® reserves the right to collect and share, rent, sell (with third party advertisers and marketers on an aggregate, non-personally identifiable basis) and otherwise utilize in any manner permitted by law, aggregate data related to the usage of the Perricone MD® Offerings, as well as demographic data about you. Such information will include broad demographic categories about Perricone MD® Offerings users, their preferences, activities, location and other information; provided, however, that such aggregate information will never be linked to any of your personally identifiable information.

Social Media Pages/Interactive Services If you interact with Perricone MD® or any third parties by and through the Interactive Services or any Social Media Pages, you should be aware that the personal information that you submit by and through such venues can be read, collected and/or used by other users of these forums (depending on your privacy settings associated with the accounts you have with the hosts of such Social Media Pages, if applicable), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for the personal information that you choose to submit in these forums.

The Social Media Pages reside on websites ("Social Media Sites") that are operated independently from Perricone MD®, and we are not responsible for such Social Media Sites' interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Sites with which you interact to help you understand those Social Media Sites' privacy practices. If you have questions about the security and privacy settings of any Social Media Sites that you use, please refer to their applicable privacy notices or policies.

Security

The privacy of your personal information is very important to us. We endeavor to safeguard and protect our end-users' personal information. When end-users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). When our registration process asks end-users to submit sensitive information (such as credit/debite card information), and when we transmit such sensitive information, that sensitive information is encrypted and is protected with secure socket layer ("SSL") encryption software.

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information 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 can be guaranteed to be 100% secure. Computer hackers may circumvent our security measures and gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data done on or through the Site is at your own risk.

Only employees or third party agents who need personal information to perform a specific job function are granted access to our end-users' personal information. Employees not adhering to our internal privacy policies are subject to disciplinary action.

Opting Out of Newsletters, Special Offers and Product Updates

To opt-out of receiving the Newsletter and/or other e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message, send mail to the address listed in the "Contact Us" section below, or call us at: (888) 823-7837.

Accessing, Deleting and Updating Your Information

At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: info@perriconemd.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information will limit our ability to contact you in connection with the Perricone MD® Offerings, which may limit your ability to utilize the Perricone MD® Offerings. If you wish to be contacted by us in connection with the Perricone MD® Offerings, you may not delete the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Links to Third Party Websites

The Site may contain links to third party websites, including the Social Media Sites, that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such third party websites. These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to them. This Privacy Policy applies only to information collected by and through the Site. We encourage you to be aware when you leave the Site and to read the privacy statements of each and every website that collects personally identifiable information from you.

Minors

Visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) are not permitted to use and/or submit their personal information at the Site. We do not knowingly solicit or collect information from visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you register with us and we discover that you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), we will delete your registration and associated personal information. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Changes to this Privacy Policy

We reserve the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, we will notify end-users by: (a) sending the modified policy to our end-users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal 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 opt-in to such use.

Contact Us

If you have any questions regarding the use of the Site or this Privacy Policy, please call us at: (888) 823-7837; or contact us via U.S. mail at:
N.V. Perricone LLC
639 Research Parkway
Meriden, CT 06450

Filing a Complaint with the Federal Trade Commission
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