Your use of our website, web pages, sponsored social media platforms, mobile sites and mobile applications or “apps” (collectively, “Sites”), if any, constitutes your acceptance of this Policy in its entirety and your full consent to the practices which are described throughout this Policy.
I. Scope of this Policy
This Policy applies specifically to Our sales and sales operations conducted in the USA, only, and is not applicable to online purchases or sales of Our products from Our Sites which may be placed from online sources which are located in countries other than the USA.
II. Information We Collect
You may visit and browse Our Sites without providing any Personally Identifiable Information, as that term is defined and described in California Business and Professions Code section 22577(a), (“PII”). However, this may limit your ability to receive certain features, products or services from Us.
A. Information You Provide
We may obtain your PII, which is information that can be used to identify you as an individual, including, but not limited to your contact information (including name, postal address, email address and mobile or other telephone number); your age and date of birth; your gender; your user name and password; your payment information (such as your payment card or account number, expiration date, delivery address and billing address); your skincare concerns; contact information for friends or family members you would like Us to contact; and your product preferences and interests. The types of PII which We obtain may vary depending on your use of the features of Our Sites.
B. Information We Obtain Automatically
When you order from Our Sites, we obtain PII about your usage and/or internet-connected device by automated means such as “cookies.” Cookies are small data files that websites send to your internet-connected device for the purpose of uniquely identifying your browser, and/or to store information settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies, and/or how to restrict or disable certain cookies.
In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located (“Geo-location Data”).
C. Information Which We May Obtain from Third Parties
We may also obtain information about you from third parties that feature Our products, or from social media platforms, and/or social networking or other websites which you may visit. You may also choose to participate in a third party application or social media site, through which you allow Us to obtain (or the third party to share with Us) information about you, including PII. The information which might be obtained from such third parties, might also be collected through technologies such as cookies, web server logs, pixels, and/or web beacons. If we obtain such information about you (including PII) from third parties, such information and data about you is also subject to this Policy, unless we have disclosed otherwise, or unless you have instructed us to the contrary.
D. Your Consent to the Use and Sharing of Your Information by Us
Your PII may also be used by Us, and/or shared with Our subsidiaries, affiliates, sponsors, partners, or other third parties, for the purposes of: responding to your questions and requests; providing you with access to certain areas and features of Our Sites; verifying your identity; fulfilling your product purchases; communicating with you about your account and your activities on Our Sites; sending you notice of changes to any of Our policies; tailoring content, advertisements, and offers We provide you; improving Our Sites for Our business purposes and practices; allowing you to log in with a social media account and share activities on your social media pages (such as Facebook); processing your applications and transactions; and providing you with product information and promotional and other offers on Our Sites.
Except as provided in this Policy, We will not provide any of your PII to any third parties without your consent. We may, however, share non-PII, such as aggregate user statistics, demographic information and the like with third parties.
E. Legal and Governmental Disclosure
We may transfer and/or disclose information, including your PII, to third parties, in order to: comply with a requirement from a legal or other governmental authority, obligation or a duty imposed by law; when we believe in good faith that such a disclosure or transfer of information is required by law and/or is necessary or appropriate to prevent physical harm or financial loss; at the request of governmental or legal authorities conducting an investigation; to verify and enforce the terms of this Policy; to respond to an emergency; and otherwise to protect your rights, property, safety, and security, as well as the rights, property, safety, and security of third parties, visitors to Our Sites, or the public.
F. Monitoring of Sales Activity
We also monitor Our own sales activity occurring on Our Sites via Econda GmbH (http://www.econda.de), for the purposes of customizing and optimizing Our Sites, and for the purpose of creating pseudonymous user profiles for web analytics. For these purposes, cookies may be used which allow the recognition of an Internet browser. However, user profiles and PII are not merged with information about the bearer of the pseudonym without your express consent as set forth in this Policy. Additionally, IP addresses are made immediately and automatically unrecognizable after their receipt, making an assignment or tracking of user profiles to IP addresses impossible. Visitors to Our Sites may object to future data collection and storage at any time by contacting Econda at: “http://www.econda.de/datenschutz/widerruf-datenspeicherung.html”
III. Your Privacy Rights, Choices and Access
You may direct Us to not share your PII with third parties, not to use your PII to provide you with information or offers, and/or not to send you newsletters, emails or other communications by: modifying your registered user information on Our Sites; sending us an email by clicking here [insert hyperlink to website email administrator]; or following the removal instructions in the communication which you may receive from Us.
We respect our customers’ preferences by keeping records of their preferences, and making sure they are always honored. Following a communication from you regarding your preferences, We will implement those preferences within a reasonable period of time.
If you wish to access, modify, verify, correct, delete or update any of your information obtained through Our Sites, you may also edit your profile preferences or contact us at the postal address, telephone number or email address contained in this Policy, below. If you do contact Us for these purposes, We will properly verify your identity and confirm your access right to your own PII.
In accordance with our routine record keeping, We may also delete certain records that contain PII which you have submitted through Our Sites. We are under no obligation to store your PII indefinitely, and We expressly disclaim any liability arising out of or related in any manner to the destruction of any such PII in the ordinary course of conducting Our business.
Additionally, you should also understand that it may not be possible to completely remove or delete all of your information from Our databases without some residual data remaining, due to file backups and other reasons.
We will retain your PII (including Geo-location Data) for as long as your account with Us is active or as-needed to provide you with Our services. If you wish to cancel your account or request that We no longer use your PII to provide you with any services and products, you can contact us here [email@example.com].
We do not control certain privacy settings and preferences maintained by third parties, such as Facebook, Twitter or other sites which are not Our Sites, and if you would like to make changes to those settings and preferences, you will need to contact them directly.
You may withdraw your consent which you have provided Us pursuant to this Policy, or object at any time on legitimate grounds to the processing of your PII, and we will apply your preferences going forward. In some circumstances, however, withdrawing your consent to Our use or disclosure of your PII will mean that you may not be able to take advantage of Our products or services.
We may use third party network advertisers to serve and provide advertisements of Our products and services. However, we do not share your PII with these third parties, the advertisement or network providers, the advertisers, and/or the sponsors.
IV. Children’s Privacy
The privacy rights of visitors to Our Sites who are under the age of thirteen (13) are very important to us. Our Sites are not directed at children under the age of thirteen (13). If you are under thirteen years of age, you may browse Our Sites, but you may not provide PII to us. We do not knowingly collect, obtain, use or disclose PII from anyone under thirteen years of age on Our Sites. If we determine that a consumer purchasing products from Our Sites is under thirteen years of age, we will not maintain his/her PII without the express consent of a parent or legal guardian. Should We become aware that We have unknowingly or inadvertently received PII from a visitor to Our Sites who is under the age of thirteen, we will delete the information from Our records and databases.
V. Online Tracking; California Do Not Track Disclosures
Amendments to the State of California’s Online Privacy Protection Act (California Business and Professions Code sections 22575, et. seq.) effective in 2014 require that website and online service operators disclose how they respond to web browser “do not track” signals, or other similar mechanisms which provide consumers with the ability to exercise choice regarding the collection of PII about an individual consumer’s online activities over time and across third party websites or online services, if the website operator engages in the collection of such information.
California law does not prohibit the practice of online tracking, and its stated intent is to increase consumer awareness of the practice of online tracking by websites and online services.
At this time, We do not track your PII over time and across third party websites (whether we receive a “do not track” signal from a web browser or not), and therefore this requirement does not apply.
California law also requires that website and online service operators disclose whether other parties (third parties) may collect PII about an individual consumer’s online activities over time and across different websites when a consumer uses the operator’s website or service. Third parties that have content or services on Our Sites, such as a social feature, analytics service (such as Econda mentioned above), or an advertising partner, may obtain information about your browsing or usage habits, but this information does not include your PII.
We do not knowingly permit third parties to collect or otherwise obtain any of Our customers’ PII from Our Sites, unless you provide your PII to Us with the express instruction and consent to provide it to such third parties.
We maintain reasonable safeguards to protect your PII against disclosure to unauthorized third parties. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Unfortunately, there is no effective way for Us to ensure that third party trackers of online information are in compliance with Our Policy of not tracking this information.
VI. Security of Your Information
As set forth above, We maintain reasonable safeguards to protect your PII against accidental, unlawful, or unauthorized loss, use, access, alteration, disclosure and destruction. We restrict access to your PII only to those persons who have a legitimate purpose in knowing or having access to that information, such as to provide you with products or services. We also require that all third parties who provide services on Our behalf also protect your PII in the same manner that We do, and they are instructed not use your PII for purposes other than providing assistance to Us. Examples of these third party service providers who assist Us include: business entities that process credit card payments; fulfill orders; and provide web hosting and marketing services.
Please note that no electronic data transmission or storage of information electronically can be guaranteed to be one-hundred percent (100%) secure. For this reason, We cannot ensure or otherwise warrant the absolute security, under all circumstances, of any information which you transmit to Us.
VII. Links to Other Websites
Our Sites may also contain links to third party websites which are not owned or operated by Us. This includes links from advertisers, sponsors, and/or partners that may use our logo(s) as part of a co-branding or co-marketing arrangement with Us. We do not control, recommend or endorse, and are not responsible for these sites, or their content, products, services, privacy policies or practices. These other sites may send their own cookies or other tracking devices to your electronic device, and they may independently collect data or solicit PII from you, and they may or may not have their own published privacy policies or practices.
You should also independently assess the authenticity of any site which appears or claims that it is one of Our Sites, including those which may be linked through an email or social networking page. Remember that any information (including PII) which you may disclose to other websites other than Our Sites becomes public information and is not subject to the provisions of this Policy.
VIII. Your Consent to Our Processing of Information
Our Sites are governed by and operated in, and are in accordance with the laws of the USA, (including the State of California) and are intended for the use and enjoyment of residents of the USA. Country or region-specific websites are also available for our brands and products around the world, such as the Federal Republic of Germany, Australia and Croatia. We make no representation that Our Sites are governed by, or operated in accordance with the laws of any other nation. Because We are an international business, Our use of your information will likely involve the transmission of data on an international basis. By using Our Sites, and/or by providing Us with any information (including PII), you acknowledge that Our Sites are subject to the laws of the USA.
This Policy may be updated periodically and without prior notice to you. Any changes, revisions or amendments will be deemed effective immediately upon the posting of the revised Policy on Our Sites. We will post a prominent notice on the pages of Our Sites to notify you of any significant changes to Our Policy, and to indicate when it was most recently updated. Your continued use of Our Sites following Our revision of this Policy constitutes your consent to any such new or revised provisions of this Policy. We encourage you to periodically review this Policy for the latest information on Our privacy practices.
X. Effective Date of This Policy
The effective date of this Policy is January 1st, 2015.
XI. How to Contact Us
If you have any questions or concerns about this Policy, or if you would like Us to update any information we have about you and/or your product preferences, please contact Us by email at: firstname.lastname@example.org .
You may also call Us at (858) 450-1950, or write to:
Eckstein Biokosmetik USA, Inc.
5910 Sea Lion Pl., Ste. 100
Carlsbad, CA 92010