Last Updated: [September 30th, 2019]
The Site is intended for users who are located in the United States and is hosted and operated in the United States, pursuant to United States law. By providing personal information through the use of the Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
1. INFORMATION COLLECTED
- Personal Information Collected:We collect several types of information from and about users of the Site and/or the Perricone MD® Offerings, including the following: name, mailing address, billing address, email address, phone number, credit/debit card information, password, personal description, age, birthdate, gender, photograph, and purchase history.
- Information Collected through Automatic Data Collection Technologies: As you navigate through and interact with the Site and/or the Perricone MD® Offerings, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including, IP address, login information, browser type and version, time zone setting, location, browser plug-in types and versions, operating system and platform, products viewed, searched for or purchased, page response times, download errors, length of visit to certain pages, page interaction (scrolling, clicks, mouse-overs) and methods used to browse away from the page
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, including what categories of personal information we have shared with third parties in the preceding year, and the names and addresses of those third parties. To make such a request, please send an e-mail to: email@example.com; or contact us via mail at: N.V. Perricone LLC, 600 Montgomery Street, Suite 2500, San Francisco, CA 94111.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: firstname.lastname@example.org; call us at: (888) 823-7837; or send us mail to: N.V. Perricone LLC, 600 Montgomery Street, Suite 2500, San Francisco, CA 94111.
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@example.com; call us at: (888) 823-7837; or send us mail to: N.V. Perricone LLC, 600 Montgomery Street, Suite 2500, San Francisco, CA 94111.
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.
To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third parties in connection with the Site.
At this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.
Perricone MD® tracks end-users’ use of the Perricone MD® Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Perricone MD® Offerings experience. Perricone MD® may collect certain of your personal information across various devices. For information about managing your privacy and security preferences, see Section 13 “Opting Out of Newsletters, Special Offers and Product Updates.”
We may use information that we collect about you or that you provide to us, including any personal information:
- to administer and present the Perricone MD® Offerings to you, including: (i) identifying product preferences and shopping preferences and customizing Site pages for you; and (ii) saving your password so you do not have to provide it each time you visit the Site;
- to allow you to participate in interactive features of the Perricone MD® Offerings;
- to complete, fulfill, manage and communicate with you about your orders or otherwise provide you with the Perricone MD® Offerings;
- to fulfill any other purpose for which you provide it;
- to contact you regarding any Perricone MD® Offerings we provide or to notify you about changes to the Perricone MD® Offerings;
- to inform you and make recommendations about our products and the Perricone MD® Offerings, including sales, special offers and new Site features and to send you other promotional communication;
- to provide customer service or support or contact you regarding your account;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to conduct internal research and development and improve the Perricone MD® Offerings;
- to perform other logistics and operation activities as needed;
- to protect our assets and prevent fraudulent transactions, including: (a) validating credentials and authenticating customers when logging into your online profile or transacting in store; and (b) protecting the security and integrity of the Perricone MD® Offerings and our data;
- in any other way we may describe when you provide the information; or
- for any other purpose with your consent.
The tracking technologies we use for automatic data collection may include:
- Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. For information about managing your privacy and security settings for cookies, see Section 13 “Opting Out of Newsletters, Special Offers and Product Updates.” To find out more about cookies, please visit www.cookiecentral.com.
Web Beacons: Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related Site statistics (for example, recording the popularity of certain Content and verifying system and server integrity). We utilize web beacons to help us better manage the Content by informing us what Content is effective. For information about managing your privacy and security settings for web beacons, see Section 13 “Opting Out of Newsletters, Special Offers and Product Updates.”
From time to time, Perricone MD® may permit end-users to submit reviews and testimonials regarding certain of the Perricone MD® Offerings, as well as biographical material associated with such end-users (collectively “Testimonials”), by and through the Site or otherwise. By submitting a Testimonial, you irrevocably grant to Perricone MD® the right to use the Testimonial (including your biographical information) in any and all forms of marketing and promotional material including, without limitation, website publication, print ads, online ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. You should be aware that your Testimonial(s), and any personal information that you submit in connection with same, may be published in a way that such material can be viewed, read, collected and/or used by others including our Affiliates. We are not responsible for the personal information that you choose to submit in connection with your Testimonial(s).
We may share the information we collect about you with:
- Business partners, suppliers and sub-contractors who provide services in support of our business. For example:
- (i) we pass your delivery address and telephone number to our partner courier companies in case they need to contact you directly if there is a problem with your delivery;
- (ii) we pass certain personal information to third-party payment management companies to enable them to verify your credit or debit card details;
- (iii) we pass your personal information to third-party service providers that assist us with our marketing and data analytics efforts;
- (iv) we pass certain purchasing information and use of discounts to business partners who facilitate such discount schemes, provided you have previously registered with them; or
- (v) we pass your personal information to business partners who provide us with and assist us in operating customer service management software, designed to improve and manage our interaction with customers and your customer service experience.
- Business partners, Affiliates (and their business partners), marketers, advertisers and advertising networks for marketing and advertising purposes, which may include: (a) sending you direct mail or emails about their products, services, sales, promotions, events, news and store openings that may interest you; or (b) serving ads or adverts that may interest you. For information about managing your privacy and opting out, see Section 13 “Opting Out of Newsletters, Special Offers and Product Updates;”
- Credit reference agencies for the purpose of ensuring that your credit or debit card is not being used without your consent. This is done only to confirm your identity. No credit check is performed and your credit rating will be unaffected;
- Analytics and search engine providers that assist us in the improvement and optimization of the Perricone MD® Offerings; or
- Service providers whom we may employ to assist us in carrying out and then analyzing the results of customer surveys or questionnaires.
- To protect our assets and prevent fraudulent transactions, including: (a) validating credentials and authenticating customers when logging into your online profile or transacting in store; and (b) protecting the security and integrity of the Perricone MD® Offerings and our data;
In addition to the ways that we may share information with business partners, Affiliates (and their business partners), and other third parties as described above, we may disclose to third parties information collected from you in an aggregate form. However, we will only do so in such a way as to ensure that such aggregated information does not individually identify any user.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If we plan to merge with or be acquired by that third party or in connection with a partial or total sale of assets, bankruptcy or another corporate change;
If we believe in good faith that the disclosure of information is necessary to: (i) prevent imminent physical harm or financial loss to us; (ii) prevent or report suspected illegal activity; and/or (iii) protect anyone’s rights, property or safety. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
If you have provided prior express written consent to have promotional offers or transactional correspondence from us sent to your mobile device, we may send you a MS, MMS or other text message (“Text Messages”) with such communications to the telephone number you provided to us. Standard text message rates will apply.
If you have provided a telephone number for Text Messages, 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: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify us of the Phone Number Change by contacting us as described in Section 20.
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.
We strive to provide you with choices regarding the personal information you provide to us. There are various mechanisms to provide you with control over your information, including the following:
Please note that if you decide to opt out, it may take a few days to process your opt-out request by email and 6–8 weeks to process your postal mail request and that you may continue to receive promotional or marketing materials during this time. Also, please note that opting out will not preclude us from sending you other types of non-promotional messages, such as emails confirming transactions. We will retain your information for as long as your account is active or as needed to provide you with the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
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