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Privacy Policy

Kevyn Aucoin Beauty - Privacy Policy


Last Updated:       January 1, 2020


Thank you for visiting Kevyn Aucoin Beauty at www.kevynaucoinbeauty.com (the "Site"). The Site is owned and operated in the United States by Kevyn Aucoin Beauty Inc ("KAB", "we" "us" or "our"). KAB values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to the Site and your use of any of the services or features we provide is subject to our terms and conditions of which this privacy policy is part. This privacy policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be used, shared or processed by us. This includes personal information we collect online when you visit the Site and in our stores in the United States. When we use the term "personal information" we are referring to information that is connected to your name. This may include things like your e-mail address, mailing address, birthday, or telephone number, when those pieces of data are stored with your name. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it. By visiting the Site you are accepting and consenting to the practices described in this policy.


This privacy policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter, Instagram or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this privacy policy.

  1.  Information we collect 

    1.1   We collect the following general categories of personal information:

  • Personal identifiers
  • Statutory categories of personal information (Cal. Civ. Code § 1798.80)
  • Commercial information
  • Internet or other electronic network activity information
  • Geolocation information
  • Audio, electronic, visual, thermal, olfactory, or similar information
  • Inferences for use in creating a consumer profile

   1.2      Information you give us. You may give us information by filling in forms on our site www.kevynaucoinbeauty.com or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you:

  • register to use our Site (which you must do if you would like to use some of the services and features we offer on our website),
  • subscribe to our services,
  • place an order on our Site,
  • post content to the Site through reviews or comments, and
  • visit our social media platforms (which would include your name, profile picture, likes, location, friend list and other information described in the social media application sign-up page).

This information may include your name, address, telephone number, email address and debit or credit card information (if you wish to place an order on our website). When you register with us, you can view your personal information in 'My Account'. You can access 'My Account' directly to change any personal details, for example if you move and want to change your address. If you forget your password, simply click on the 'forgotten password' link on the register or login page and an email containing your decrypted password will be sent to the email address you originally provided.

    1.3      Information we collect about you With regard to each of your visits to our site we use the following various technologies to automatically collect information about you:

  • Cookies: these are small bits of information that are placed on the hard drive of your computer. Cookies remember information about your activities on the Site to make your visits to our Site more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our Site. If you've chosen to disable cookies on your browser, some of the functionality of our Site may be lost. Certain of our web pages, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.
  • Flash Cookies (also called Local Shared Objects or "LSOs"): these are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.
  • Web beacons, clear pixels, or pixel tags: these are small graphic images on a Web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.
  • Web server logs: these are records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you to a webpage on our Site. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.
  • Geo-location technologies: this refers to technologies that permit us to determine your location. We may ask you to manually provide location information on our Site, or to enable your mobile device to send us precise location information. We may also automatically collect general location information from your web browser.

    1.4     Information we receive from other sources. We may receive information about you if you use any of the other websites we (or any member or brand within our group) operate or other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closing with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

    1.5      Children under age 13. We do not knowingly or intentionally collect any personal information from children under the age of 13. If you are under the age of 13 you can look at our Site, but you may not make a purchase, register, or submit any personal information to us. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the site, we will delete the information from our records.

 

2.  What we do with the information

We use information collected from you in the following ways:

   2.1     Information you give to us. We will use this information in relation to:

(a)   Administration of our Site: The information you give us is necessary to enable us to (i) fulfil your order (including acknowledging your order and communicating with you if there is any issue regarding the fulfilment of your order), (ii) to make sure your order is delivered correctly and (iii) to maintain your account.

(b)  Customer service: We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our Site and to notify you about the status of your orders.

(c)   Direct Marketing: We want to keep you up to date on our latest products, promotional offers and events.

Electronic Marketing. If you are an existing customer, we will only contact you by electronic means (email or text) about goods and services similar to those which were the subject of a previous sale or negotiations for a sale. If you are a new customer, and where we permit selected third parties to use your personal information, we (or they) will contact you by electronic means only if you have expressly consented to this.

Other Marketing. We will only contact you by mail or telephone if you have expressly consented to these contacts.

(d)   Our service: To notify you about changes to our service.

(e)   Our Site: To ensure that content from our Site is presented in the most effective manner for you and for your computer, and so that we can enhance your experience of using our site.

2.2  Information we collect about you. We will use this information in relation to:

(a)     Administration of our Site: To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
(b)     Site improvement: To improve our Site to ensure that content is presented in the most effective manner for you and your computer.
(c)     Customer service: The information we collect from you will allow us to (i) let you to participate in interactive features of our service, when you choose to do so, (ii) measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you, and (iii) make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.
(d)     Security of our site: As part of our efforts to keep our site safe and secure.

2.3  Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

 

3. Disclosure of your information

  3.1     We disclose for business purposes the following general categories of personal information:

  • Personal Identifiers
  • Categories of personal information related to California Customer Records statute (Cal. Civ. Code § 1798.80)
  • Commercial information
  • Internet or other electronic network activity information
  • Audio, electronic, visual, thermal, olfactory, or similar information
  • Inferences for use in creating a consumer profile

  3.2     We may share your personal information with any member or brand within our Group. Please visit www.manzanitacapital.com for more information about the members and brands which constitute our Group. They may use the information in accordance with their privacy policies for purposes such as: financial reporting and analysis; strategic planning; the development of customer segmentation and metrics to provide a consistent view of our customer base; the creation of inspiring content and editorial features, and the development and sale of new products and collaborations to enhance your experience as a customer of Space NK or other brands in the Group.

  3.3     From time to time we retain the services of third party companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Site. We may share your information with selected third parties including:

(a)     Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (e.g. in order to process your order and maintain your account, including the authorisation and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your personal details in order to fulfil their function but may not use such information for any other purpose).

(b)     Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others.

(c)     Analytics and search engine providers that assist us in the improvement and optimisation of our site.

      3.4    Other than as set forth above with respect to our parent company and any member or brand within our group, we do not rent, sell or otherwise provide your personal details to third party companies or individuals for their marketing purposes.

      3.5     We have not sold your personal information with the past 12 months.

      3.6     We may disclose your personal information to third parties:

    (a)     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.

    (b)     If Space NK (or its ultimate parent company) or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

    (c)     If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect our rights, property, or safety (or the rights, property, safety of our customers, or others). This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

     

    4. Where we store your personal data

      4.1     The data that we collect from you may be transferred to, and stored at, a destination outside of the country in which it was originally collected. This may include transfers outside of United States and into the European Economic Area (EEA). It may also be processed by staff working outside of the United States who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and applicable law.

      4.2     We use the latest encryption technology to ensure that all transactional information you provide to us is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. If you have given your consent prior to entering the details required for the ordering process, our web site will retain your Space NK account details such as your name, address, email address and purchasing history. Each time you log into your Space NK account to create a new order you must re-enter your credit card details. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

      4.3     Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

      4.4     We will retain the information we collect from you until you elect to no longer receive communications from us.

     

     5. Third party websites

    Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

     

    6. Email and SMS Opt-Out

    You can at any time tell us not to send you marketing communications (i) by mail by following the instructions that are included in a particular promotion, (ii) by email by clicking on the unsubscribe link within the marketing emails you receive from us or (iii) by SMS by following the "STOP" instructions provided with the message. If you have registered with us, you also may opt out of receiving marketing materials (by mail, email and/or SMS) by logging into your account and changing your preferences.

     

    7. Notices for California Residents

      7.1     California Do Not Track Notice.

    (a)  Under California law, website and online service operators are required to disclose how they respond to web browser "do not track" signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer's online activities over time and across third party websites, to the extent the operator engages in that collection. At this time, we do not track our customers' personal information over time and across third-party websites and therefore this requirement does not apply to us.

    (b)  California law also requires website and online service operators to disclose whether third parties may collect personal information about their users' online activities over time and across different sites when the users use the operator's website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our Site unless you directly provide it to us and we provide it to them with your consent.

      7.2     Notice for Minors. We may offer interactive services which allow you to post content to share publicly or with friends. At any time you can delete or remove content you have posted using the deletion or removal options within our services. If you have questions about how to remove content in a specific service or if you would like additional assistance with deletion you can contact our customer support team at customerservice@kevynaucoin.com. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the services.

      7.3     Under California law, you have the right to request and receive information from us concerning any third parties who have received personal information about you from us for the third parties' direct marketing purposes. Any such requests for information from us can be made by sending an email to customerservice@kevynaucoin.com.

      7.4     California Consumer Privacy Act (CCPA) Consumer Rights

    (a)  If you are a resident of California, the CCPA grants you the following specific rights regarding your personal information. In order to exercise the rights, you must submit a verified consumer request.

    (b)  Right of Access and Transparency

    (i)  You have the right to submit a verifiable consumer request that we disclose the following to you in a readily useable format covering the 12 month period preceding the verifiable consumer request:

    (1)  The categories of personal information we collected about you.
    (2)  The purposes for which the categories of personal information will be used.
    (3)  The categories of sources from which your personal information is collected.
    (4)  The business or commercial purpose for collecting personal information.
    (5)  The categories of third parties with whom we share personal information.
    (6)  The specific pieces of personal information we collected about you.
    (7)  The categories of personal information we have disclosed for a business purpose.
    (c)  Right to Request Deletion
    (i)  You have the right to request that we delete any personal information that we have collected from you. However, we are not required to comply with a request to delete, if it is necessary for us to retain the personal information in order to:
    (1)  Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    (2)  Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    (3)  Debug products to identify and repair errors that impair existing intended functionality.
    (4)  Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    (5)  Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    (6)  Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    (7)  Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    (8)  Comply with legal obligations.
    (9)  Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
    (d)  Right to Non Discrimination
    (i)  You have the right to be free from discrimination when you exercise your consumer rights under the CCPA, including by:
    (1)  Denying you goods or services.
    (2)  Charging you a different price or rate for goods or services, including through granting discounts or other benefits, or imposing penalties.
    (3)  Providing you a different level of quality of goods or services.
    (4)  Suggesting that you may receive a different rate for goods or services or a difference level or quality of goods or services.
    (ii)  We may offer you financial incentives for the collection, sale or deletion of personal information. We may also offer you a different price, rate, level or quality of goods or services if that difference is reasonably related to the value provided to us by your data.
    (e)  Methodology for Submitting Consumer Requests
    (i)  To exercise your rights regarding your personal information under the CCPA, please submit a verifiable consumer request for information through one of the following methods:
    (1)  Call us toll free at 1.888.367.1319
    (2)  Visit our website at www.kevynaucoinbeauty.com
    (3)  Email us at: customerservice@kevynaucoin.com
    (ii)  We will deliver a response to you within 45 days of receiving the verifiable consumer request.

    8.  Changes to our privacy policy
     
    We reserve the right to make changes to our privacy policy from time to time. Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

    9.  Contact
    Questions, comments or requests regarding this privacy policy are welcomed and should be addressed to us by mail, email or telephone:


    Kevyn Aucoin Customer Service
    330 Broadway New York, NY 10001
    customerservice@kevynaucoin.com


    UK Data Protection Representative:
    Representative of controllers or processors not established in the United Kingdom (Article 27 UK GDPR):
    UK Representative Service for GDPR Ltd.
    7 Savoy Court
    London WC2R 0EX
    United Kingdom

    www.eprivacy.eu/en/legal


    EU Data Protection Representative:
    Representative of controllers or processors not established in the European Union (Article 27 GDPR):
    ePrivacy GmbH
    Große Bleichen 21
    20354 Hamburg
    Germany
    https://www.eprivacy.eu