Privacy Policy

Last revised: 7/24/2019

OVERVIEW

Ficosota Marketing New York LLC (“we”, “us” or “our”) provides this Privacy Policy to inform you of our practices regarding the collection, use and disclosure of information that you provide to us or that we collect from you through our websites, social media pages and other online or mobile services, applications or advertisements that link to this Privacy Policy (collectively hereinafter, our “Properties”). Your privacy and security are important to us.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR PROPERTIES. USING OUR PROPERTIES INDICATES THAT YOU ACCEPT THE TERMS, CONTAINED IN THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE OUR PROPERTIES.

By using one of our Properties, including registering for an account or accessing one of our Properties, you agree that we may collect, process and use your information in accordance with this Privacy Policy. We will not share your personal information with anyone, except as described in this Privacy Policy.

We do reserve the right to make changes to this Privacy Policy from time to time, so please check back periodically. For reference check the “Last Revised” legend at the top of this page. When changes are made to this Privacy Policy, they will become immediately effective when published in a revised Privacy Policy posted on this page, unless otherwise noted. Your use of the Properties following these changes indicates your consent to the practices, described in the revised Privacy Policy.

CONTENT

Overview
Content
Information that we may collect
Personal information;
Non-personal information
Industry standard technologies
Cookies and similar technologies
Third-party applications and APIs
Website analytics
Use and disclosure of the collected information
How we use this information
Disclosure and third-party services
California privacy rights
Shopify
Retention and storage of personal information
Security
Protecting yourself
Accessing and updating your personal information
Opting out of communications
Children
Cross-border data transfers
Contacting us
Impact of sale or merger

INFORMATION THAT WE MAY COLLECT

Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using our Properties. Providing your personal information to us is voluntary, however. If you do not provide some or all of the information we request, we may not be able to provide you with certain products, services, or information.

Our Properties collect two types of information about you:

Personal information:

Personal is any information that relates to an identified or identifiable individual such as: full name, username, email address, telephone number, physical or billing addresses, date of birth, credit card numbers etc.

We may collect personal information through your use of the Website, for instance: registering for our services, subscribing to receive our communications, updating your account information, entering contests or sweepstakes, responding to surveys, rating or reviewing our products, making purchases, contacting us with questions or comments, connecting with us through social networks, submitting user generated content or participating in our online forums, promotions and social media platforms, connecting your social media account to our Website, among other similar actions.

Non-personal Information:

Non-personal Information refers to information that does not by itself identify you or any other specific individual. Examples of non-personal Information we may collect include Internet Protocol addresses, device data, application usage data, browsing and purchasing history, location, demographic or lifestyle information (age and income range, gender, education etc.) as well as other information collected through cookies and other tracking technologies.

This kind of information is generally statistical data and does not identify you specifically. The latter is used by us to improve our Properties and to deliver better service to its users.

We may collect non-personal information through any of the methods discussed above as well as automatically through use of industry standard technologies discussed further below. Furthermore, you have the ability to use our Properties through mobile devices, such as cell phones. The presentation of our mobile optimized website is governed by its own cookies. All parts of the privacy policy apply to mobile access and use of mobile devices on our Properties.

INDUSTRY STANDARD TECHNOLOGIES:

Cookies and similar technologies: A “Cookie” is a small text file containing a random and unique alphanumeric identifier that our Properties may transfer to your computer’s hard drive through your web browser that enables our systems to recognize your browser. We may employ technologies like Cookies, web beacons, clear GIF, pixel or Internet tag technologies to uniquely identify your account, or the IP address associated with your Internet device. We may also permit third parties to gather information on our Properties, including for advertising purposes, as described below.

Our Properties offer a “cookie consent” tool that allows you to block Cookies. Additionally, you can set your computer or Internet device to accept or reject most Cookies, or to notify you in most situations that a Cookie is offered so that you can decide whether to accept it or not. However, if you block Cookies, certain features may not function. Additionally, even if you block or delete Cookies, not all tracking will necessarily stop.

Third-party applications and APIs: We may also offer and deliver services, content or interactive features through and/or using third party application programming interfaces (API), gadgets, extensions that are hosted on our Properties or through other third-party websites, or social networking platforms.
Website analytics: We may work with third-party service providers who use the technologies described above to conduct website analytics in order to help us track and understand how visitors use our Properties.

We may use and disclose this aggregate and analytics data for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine this information with personal information. If we do, we will treat the combined information as personal information as long as it is combined.

USE AND DISCLOSURE OF THE COLLECTED INFORMATION

How we use this information

The information we collect is used for legitimate business interests only and with the aim to provide a variety of services and improvements for our customers, such as to:

complete transactions you have requested or fulfill orders you have placed;
respond to or follow-up on your comments, reviews, inquiries and other requests;
deliver targeted advertising, communications, product solutions or content, as well as services you have requested;
conduct research and analysis related to our business, products or Properties;
improve or modify our products, services or Properties and tailor them to your usage or preferences;
communicate with you about contests, sweepstakes, loyalty or rewards programs, coupons, rebates, promotions or other matters which you have entered or joined or for which you have requested information;
implement social networking features you have activated;
communicate with you about your account or your use of our Properties;
enforce the terms of use of our Properties or otherwise manage our business.

Additionally, we may use and disclose personal information as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Disclosure and third-party services

We may share your personal information, as well as any gathered non-personal information, with service providers, retail partners and other third-party business partners (and their service providers), for the purposes of this Privacy Policy, in the following circumstances:

to conduct research and/or analysis regarding products, consumers and other matters;
to allow the better understanding of your interests, activities, demographics and profile;
to prevent such parties from sending promotional messages on our behalf to people who have asked us to not send such messages; or
if you have opted-in to receive promotional communications from us, send a tailored promotional communication to you jointly offering a product or service.

We will require these parties to maintain the confidentiality of the shared information, and will not authorize them to use it for their direct marketing purposes (as defined the California “Shine the Light” Law, California Civil Code §§ 1798.83), unless you have opted-in to such disclosure and use. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers. Once you leave out Properties or you get redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Service.

We may rely on third party service providers to perform a variety of services on our behalf, and we may disclose your personal information to such service providers, such as fulfillment services, sweepstakes and contest administrators, loyalty and rebate program operators, technical support providers, customer service providers, delivery services, e-commerce providers, credit card processers and research and analytics providers. However, we do not authorize these third parties to use your data for purposes other than for which it has been provided, and do not authorize these third parties to disclose that information to unauthorized parties or use that information for their direct marketing purposes.

We may offer community features and public interactive forums through our Website, like discussion boards, product reviews, chat rooms, forums, wikis, social networking platforms and blogs. When you participate in such offerings, your username and other personal information you choose to provide or communicate in these public spaces may be seen by others, and you should exercise caution when disclosing such information and realize that information you post could remain viewable in cached or archived webpages or copied and stored by other users even after you remove it. We cannot control the actions of other users of our Properties, and we are not responsible for the results of your postings. Furthermore, when you participate in these interactive features, you may be agreeing to terms of use that, among other things, allow us to use your name and other information in our marketing and advertising.

Your personal information may also be disclosed to your friends associated with your social media account, to other website users and to your social media account provider, in connection with your social sharing activity. By connecting your account to your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media provider’s privacy policy.

We may share aggregated, statistical or anonymous information that does not identify you with third parties.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have the right to request and receive certain information about a company’s disclosure of your personal information to third parties for their own direct marketing use, and your choices with respect to such disclosures. Because we do not share your personal information with third parties for their own direct marketing use, we are exempt from this requirement.

SHOPIFY

This Website is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by the Website and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Policy (https://www.shopify.com/legal/privacy).

RETENTION AND STORAGE OF PERSONAL INFORMATION

We may retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide services to you through our Properties; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). We seek to use secure methods to destroy personal information including the use of reasonable technical and physical security measures to avoid unauthorized access to or use of the personal information after it is disposed.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. We follow all PCI-DSS requirements and implement additional generally accepted industry standards. In addition, Shopify reviews its business practices periodically for compliance with policies and procedures governing the security and confidentiality of our information. Nevertheless, no data transmission over the Internet is 100% secure. Accordingly, while we strive to protect your personal information and privacy, we do not warrant or guarantее the security of any information you disclose or transmit to us while using this Website, and we shall not be liable for the theft or inadvertent disclosure of your personal information. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond our reasonable control.

PROTECTING YOURSELF

You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online.

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

If you have created an online account on one of our Properties and would like to update the personal information you have provided to us, you can access your account on the applicable Property to view and make changes or corrections to your personal information. You may also contact us using the methods described below under “Contacting Us” to request access or updates to your information. We will try to comply with your request as soon as reasonably practicable.

OPTING OUT OF COMMUNICATIONS

If you no longer want to receive marketing-related emails from one of our brands on a going-forward basis, you may opt-out of receiving marketing-related emails by clicking the "unsubscribe" link at the bottom of any email newsletter you receive from that brand, or, if you created an online account when you registered to receive our emails, you may log-in to your account on the applicable brand’s website and make changes to your communication preferences. If you are having difficulty unsubscribing from our marketing communications using the above methods, please contact us directly using the methods listed below under “Contacting Us.”

Please allow ample time for us to process your request. However, please note that even if you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your orders, customer service inquiries, promotions participation and other service-related matters. We also may keep information we have collected about you for record-keeping, research and other purposes. Also, please note that if you participated in a promotion that involved a third party, and, as part of that promotion, you agreed to receive future marketing communications directly from that party, you will need to contact that party to opt-out of such communications. This process may be outlined in that party’s privacy policy.

CHILDREN

Our Properties are not intended for children under the age of 18 and we do not knowingly collect personal information from children under age 18. Children under the age of 18 should not use our Properties and should not provide their personal information to us.

CROSS-BORDER DATA TRANSFERS

This Website is designed and designated for our customers on the territory of USA, though it may be accessible from all over the world. The present Privacy Policy is drawn up in accordance with the laws of USA and is applicable only for our customers and the sales, performed on the territory of USA.

Because we operate globally, your personal information may be stored and processed in any country where we have facilities or in which we engage service providers. By using our Properties, you consent to the transfer of information to countries outside the USA, which may have different data protection.

CONTACTING US

Please direct any inquiries related to this Privacy Policy or personal information we have collected about you to our Privacy Team by sending mail to privacy@orpheus-skin.com.

IMPACT OF SALE OR MERGER

We may transfer personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets. While we will endeavor to require the successor company to maintain this Privacy Policy, we cannot guarantee that this Privacy Policy will remain in effect.

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