Last Updated: May 24th, 2016
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.
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, in accordance with Payment Card Industry standards. 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.
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, in accordance with Payment Card Industry standards), 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.
If you have provided a telephone number to personal information during any applicable registration process, or otherwise, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Perricone MD® of the Phone Number Change using one of the methods set forth in the “Contact Us” section below. Perricone MD® relies on you to provide and maintain accurate, complete and updated personal information and other information submitted in support of your registration, including your telephone number.
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," 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.
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.
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/debit card information), and when we transmit such sensitive information, that sensitive information is encrypted and is protected with transport layer security ("TLS") encryption software and is compliant with the Payment Card Industry Data Security Standard, PCI-DSS 3.1.
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.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail, where possible, in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
At your request, we will inform you of what personal information we have on file for you. In addition, at your request, and to the greatest extent of our abilities, 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: firstname.lastname@example.org; 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 request that the personal information that we have on file for you be deleted.
Please be further advised that, after your personal information is deleted, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
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, to the greatest extent of our abilities. We encourage parents and guardians to spend time online with their children and to participate and monitor the Internet activities of their children.
N.V. Perricone LLC
600 Montgomery Street
San Francisco, CA 94111
Filing a Complaint with the Federal Trade Commission
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