CALIFORNIA CONSUMERS:If you are a California resident and wish to exercise your rights
under the California Consumer Privacy Act of 2018, click here.
Our Commitment to Our Consumers
We are committed to building a lasting and meaningful relationship with you, our consumer, and
we recognize that this relationship must be built on mutual trust. We are a member of the
Ecommerce Holdings LLC USA family of brands more commonly known as 1000 Beauty Brands
and this privacy policy sets forth how we collect, use, and safeguard information you entrust
with us. 1000 Beauty Brands collects data to provide you the best products, beauty
experiences, and personalization from our brands.
Everything we do, and the data we collect, is in pursuit of giving you a better beauty experience.
With personalized products, services and offers
We respect your privacy and choices. You can opt-out at any time
We do not sell your data
We require partners to abide by the law and protect your information
We will continue to evolve and update our privacy and security practices because retaining your
trust is important to us.
Our detailed privacy policy below describes the types of information we collect from you directly,
from your interactions with us (on our sites, mobile apps, digital tools (collectively, “Sites”) and
advertising), how we use it, how we protect it, and your rights as our consumer. This policy is for
consumers and visitors of our Sites in the United States only. Visitors from other countries
should visit the Pop Color Cosmetics brand site for your part of the world.
If you have any questions or concerns, please contact us by one of the options listed at the end
of this notice.
This privacy policy does not cover information that you submit on third party websites, apps,
social platforms (“Platforms”). For example, if you post something on Facebook, Twitter, or You
Tube, that information is governed by the privacy policies on those Platforms.
HOW WE COLLECT DATA
1000 Beauty Brands collects information that you provide to us, from your engagement with our
brand sites and platforms, advertising, media, and from third parties who have your consent to
share it. For a list of categories of information we collect please see How We Collect
Information (USA) below.
WHY WE USE DATA
Everything we do, and the data we collect, is in pursuit of bringing beauty experiences to your
life
We use data within the 1000 Beauty Brands LLC USA family of brands to communicate with you
about our beauty products, services, answer questions, and create better experiences. We use
data for tailored advertising and communications.
We may combine information that we collect via one method (e.g., from a website, our digital
advertising) with another method (e.g., an offline event). We do this to get a more complete view
of your preferences for our beauty products and services, which, in turn, allows us to serve you
better and with more customization and better beauty products.
For a list of purposes for which we use information we collect, please see Why We Collect Data
below.
HOW WE SHARE INFORMATION
We share information with the third parties (vendors, agencies, and businesses) that help us run
our sites, our business, and retail our products to further Pop color cosmetics beauty mission.
We do not sell your data. While we do not sell personal information, we may disclose to our
service providers with controls such as prohibiting re-use or sale to prevent fraud, to complete a
transaction requested by you, when required by law or authorities, and in the event of a sale or
reorganization of our company.
For more information about how we share information, please see How We Share Information
below.
YOUR CHOICES
You can opt-out of interest-based advertising, SMS messaging, marketing emails, and push
notifications.
For more information about your choices, please see “Your Privacy Rights, Your Choices”,
below.
DETAILED PRIVACY POLICY
How We Collect Information (USA)
1000 Beauty Brands collects information that you provide to us, information from your
engagement with our Sites, advertising and media, and information from third parties who have
the right to share it. We may combine information that we collect via one method (e.g., from a
website, digital advertising engagement) with another method (e.g., an offline event). We do
this to get a more complete view of preferences for our beauty products and services, which, in
turn, allows us to serve you better and with more customization and better beauty products.
Here are some examples of the categories of information we collect and use:
Categories of Personal
Information
Examples
Identifiers
Name
Address
Telephone number
Mobile number
Online identifiers
Internet Protocol address
E-mail address
Account name
Social handle or moniker
Device identifiers
Internet or similar network activity
Browsing history
Search history
Information on Your interaction with a website, application, or advertisement
Smart device and sensor data
Payment Information
Credit or debit card
information
Information to process
payments and prevent fraud
Legally Protected Characteristics
Age (21 and over)
Race, ethnicity, national origin
Marital status
Gender
Purchasing Information
Products or services purchased, obtained, or considered
Other purchasing or consuming histories or tendencies (e.g., beauty routines, beauty concerns)
Loyalty activity and redemption
Account information
Customer service records
User-generated content
Geolocation Data
General location information indicating the general physical location of you or your device (e.g.,
IP address or zip code)
Precise information about your location if you allow us (or a third party who provides it to us) to
collect it
Audio Visual Information
Photographs that you upload or share with us
CCTV video recorded at our facilities
Call center recordings
Video images
Professional or employment-related
Career/profession
•Professional credentials (e.g., professional license)
Other Information Considered Personal Information*
*Some information in this category is addressed in other categories as well.
Name
Age
Signature (including electronic signature)
Physical characteristics or descriptions
Payment information
Address
Driver’s license; state ID number
Telephone number
Education
Employment
Medical/health information
Inferences drawn from any of these personal information categories
Beauty and related preferences
Characteristics
Behaviors on and off site
Purchase patterns
Demographic
Household
Sources of Data
We obtain the types of data listed above from the following categories of sources:
Personal Information You Provide
When you create an account on a 1000 Beauty Brands website, make purchases with us (online
or in-store), join a loyalty program, enter a sweepstakes, contest, or giveaway, share
photograph, video, or product reviews, call our Consumer Care Center, sign up to receive offers
or email, or interact with us in another way, we collect the information that you provide to us.
This information includes Personal Information (information that can be used to identify you as
an individual) such as your name, social media handle, email, telephone number, home
address, and payment information (such as account or credit card number) and the other
information described in the chart above. If you use a chat feature on our Sites, we collect the
information you share during the interaction. We also collect information about your beauty
preferences, your use of our Sites, demographic, and interests so that we can customize your
beauty experiences.
If you use one of our virtual try on features, we may collect and store your image(s), for
example, if you use social sharing to send your image to a friend or post it online or if you save
it to your profile.
You may also be able to register and log in to our Sites or chat features using your social media
account, such as Facebook or Google. These platforms may ask your permission to share
certain information with us (e.g. name, gender, profile picture) and all information is shared
subject to their privacy policies. You can control the information that we receive by changing
your privacy settings offered by the relevant social media platform.
Information We Automatically Collect
We collect some data automatically when you use our Sites. We may obtain information by
automated means such as through cookies, pixels, web server logs, web beacons, and other
technologies described below. Information collected via automated means include identifiers
(e.g., IP address, device ID, cookie ID, mobile advertising identifier), geolocation, commercial
information, and internet or network activity (e.g., browsing and search history, interactions with
our websites or applications).
Cookies and Other Technologies:Our Sites, applications, email messages, and advertisements
may use cookies and other technologies such as pixel tags and web beacons. These
technologies are used help us to (1) remember your information so you do not have to re-enter
it, (2) track and understand how you use and interact with our Sites, (3) tailor the Sites and our
advertising around your preferences, (4) manage and measure the usability of the Sites, (5)
understand the effectiveness of our content, (6) otherwise enhance the Sites and our beauty
offerings, and (7) protect the security and integrity of our Sites. Our Sites also use cookies and
other technologies to help keep track of items you put into your shopping cart including when
you have abandoned your cart and this information is used to determine when to send cart
reminder (including messages via SMS).
Cookies:
These are the types of cookies to monitor we use on our website:
Essential Cookies: These cookies (or similar technologies) are essential for the website to
function, manage the security of the website (including to detect and prevent fraudulent activity),
or provide access to features and functionality on the website. They are usually set in response
to actions requesting services, such as setting your privacy preferences, logging in, or filling in
forms. They also enable enhanced website functionality and personalization. These cookies
(or similar technologies) are essential for the website to function, provide access to features and
functionality on the website, and cannot be switched off. They are usually set in response to
actions requesting services, such as setting your privacy preferences, logging in or filling in
forms. These are also used in connection with website functionality, like web chat services,
product recommendations, predictive sort, product search, and commenting and rating systems.
These may be set by us or third-party providers whose services we use. Providers of these
services may use their own analytics cookies (or similar technologies) to measure performance
of these services. You may be able to use your browser’s settings to block or alert you about
these cookies, but some parts of the site may not work properly.
Analytics Cookies: These cookies (or similar technologies), including Google Analytics, allow us
to count visits and traffic sources so we can measure and improve the performance of our site.
We also use this information for advertising-related purposes. They help us to know which
pages are the most and least popular and see how visitors move around the site. We use
Google Analytics Advertising Features to share information with Google about your use of this
site to allow us to deliver relevant and personalized advertising or content to you on other sites.
We have enabled the following Google Analytics Advertising Features: Remarketing with
Google Analytics, Google Display Network Impression Reporting, Google Analytics
Demographic and Interest Reporting, and integrated services that require Google Analytics to
collect data for advertising purposes, including collecting data via marketing cookies and
identifiers. You can learn more about how Google Analytics processes information here: Google
Analytics Terms of Use and Google Privacy Policy. You can also download and install the
Google Analytics browser plugin available here that allows you to disable Google Analytics
across all websites.
Marketing Cookies: These cookies (or similar technologies) may be set through our site by our
advertising partners. These may be used by these companies to build a profile of your interests
to show you relevant adverts (for us or other advertisers) on other sites or to other devices
connected to you (cross-device advertising).
For more information about marketing cookies, please see “Interest-Based Advertising and
Adchoices”, below. For information on managing cookies, please see “Choices”, below.I.Device
Identifiers: We and our third party service providers automatically may collect an IP address,
mobile advertising identifier, or other unique identifier information (“Device Identifier”) for the
computer, mobile device, technology or other device (collectively, “Device”) you use to access
the Sites or on third party websites that publish our advertising. A Device Identifier is a number
that is automatically assigned to your Device when you access a web site or its servers, and our
computers identify your Device by its Device Identifier. For mobile devices, a Device Identifier is
a unique string of numbers and letters stored on your mobile device that identifies it. We may
use a Device Identifier to, among other things, administer the Sites, help diagnose problems
with our servers, analyze trends, track users’ web page movements, help identify you and your
shopping cart, deliver advertising and gather broad demographic information. Most mobile
devices will allow you to turn off sharing or reset a Device Identifier.
Other Technologies:
Device Identifiers:We and our third-party providers automatically may collect an IP address,
mobile advertising identifier, or other unique identifier information (“Device Identifier”) for the
computer, mobile device, technology or other device (collectively, “Device”) you use to access
the Sites or on third party websites that publish our advertising. A Device Identifier is a number
that is automatically assigned to your Device when you access a web site or its servers, and our
computers identify your Device by its Device Identifier. For mobile devices, a Device Identifier is
a unique string of numbers and letters stored on your mobile device that identifies it. We may
use a Device Identifier to, among other things, administer the Sites, help diagnose problems
with our servers, analyze trends, track users’ web page movements, help identify you and your
shopping cart, deliver advertising, and gather broad demographic information. Most mobile
devices will allow you to turn off sharing or reset a Device Identifier.
Mobile Services/Apps: Certain of our mobile apps and tools offer opt–in, geo–location services
and push notifications. Geo-location services provide location–based content and services,
such as store locators, local weather, promotional offers, and other personalized content. Push
notifications can include discounts, reminders or details about local events or promotions. Most
mobile devices allow you to turn off location services or push notifications. If you turn on location
services, we will collect information about the Wi–fi routers closest to you and the cell IDs of the
towers closest to you to provide location–based content and services
In-Store Analytics: We may use certain in-store wireless services (such as Wi-Fi networks and
Bluetooth beacons) to automatically collect information about visitors to our stores. Our Wi-Fi
routers capture certain data from mobile devices that interact with the router, including
information about your mobile device (such as a MAC Address and signal strength data).
Bluetooth beacons are small devices that broadcast a Bluetooth signal to map nearby
Bluetooth-enabled mobile devices. We may use the data collected from these in-store wireless
services to provide operational insights such as foot traffic volumes and how customers move
through our stores.
Pixels: In some of our email messages, we use click through URLs that will bring you to content
on our sites. We also use pixel tags to understand whether our emails are read or opened. We
use learning from this information to improve our messages, reduce frequency of messages to
you or determine interest in content we share.
Information from Third Parties: We receive information from third party partners, such as
publishers that run our advertising, and retailers who feature our products. This information
includes marketing and demographic data (including identifiers, commercial and purchasing
information), analytics information (including online information), geolocation, and offline
records, as well as inferences. We may also receive information from other companies that
collect or aggregate information from publicly available databases or if you consented to allow
them to use and share your information. This might be de-identified information about
purchasing patterns, location of shoppers and sites that are of interest to our consumers. We
also collect information about users who share common interests or attributes (e.g. color treated
hair) to create user “segments,” which help us to better understand and market to our
customers. We may use your data as part of health-related segments about non-sensitive
conditions such as dry skin.
Social Platforms. You also can engage with our brands, use chat or try-it-on features,
applications, log into our sites via social media platforms, such as Facebook (including
Instagram) or Google. When you engage with our content on or through social media or other
third-party platforms, plug-ins, integrations or applications, these platforms may ask your
permission to share certain information with us (e.g. name, gender, profile picture, likes,
interests, demographic information). Such information is shared with us subject to the
third-party platform’s privacy policy. You can control the information that we receive by changing
your privacy settings offered by the relevant social media platform.
Why We Collect Information?
Everything we do, and the data we collect, is in pursuit of bringing beauty to your life. We use
information for beauty to provide better products, services, customization and offers from 1000
Beauty Brands. For example, we use information to:
provide tailored and personalized content, services, advertisements and offers, including based
on your beauty characteristics and preferences
respond to questions and otherwise interact with you
provide news, emails, and other requested communications from us
administer and manage your account or loyalty program membership
manage any competitions, promotions, surveys, sweepstakes, giveaways, or contents you
choose to enter
verify your identity and detect and prevent fraud
manage your orders, fulfill product purchases and processing payments
contact you, send notice of changes to a Pop color cosmetics USA policy
send you marketing communications, which may be tailored to your ‘profile’ which is based on
personal information we know about you and your preferences
provide you with services requested (e.g., virtually test our products, notification of when a
product is back in stock)
analyzing use of our products and services to improve effectiveness of our Sites, stores,
customer service, and product offerings
cosmetovigilance – collect, evaluate, and monitor reports of undesirable events during or after
use of products
conduct research and analytics analytics including through consumer surveys and other market
research activities
develop new products and services
allow log in, sharing and use of our content with a social media account
provide shipping and other rewards from your selected third party providers (such as
ShopRunner)
post your content and consumer reviews on the Sites, our social media pages and related third
party sites that retail or feature our brands and products
maintain the security of our products, services, and systems
enforce our terms of use and complying with applicable laws
protect our rights, property, and safety or the rights, property, and safety of others
For corporate governance, including mergers, acquisitions, and divestitures
When we send or display personalized communications or content, we use personal information
collected to generate inferences about you. This means we collect personal information about
you as described above, and we centralize this data and analyze it to evaluate and attempt to
determine your personal preferences or interests. We then send or display communications or
content tailored to these preferences, interests or needs.
For purposes of securing transactions, such as purchases and other submissions, placed
through our websites/apps/devices against fraud and misappropriation, we use a third party
provider’s solution(s). This fraud detection process may be completely automated or may
involve human intervention where a person makes the final decision. You may (i) experience
delay in the processing of your order/request while your transaction is being reviewed; and (ii)
be limited or excluded from benefit of a service if a risk of fraud is identified.
How We Share Information
We will not sell your Personal Information to third parties:
Third Parties Providing Services On Our Behalf:
We share information with third party service providers fulfilling the above purposes on our
behalf, including service providers that host or assist with technical operation of our Sites;
information technology vendors that provide information technology services; analytics, and
research vendors; vendors that assist and help us in providing digital and e-commerce services
such as social listening, store locator services, loyalty programs and program administration,
identity management, ratings and reviews, sampling and redemption services, CRM, web
analytics, and user generated content curation tools; fraud prevention, legal, compliance, and
risk management vendors; order processing fulfilment vendors who process orders, transactions
and payments, and provide customer service; marketing, advertising, digital, and social media
agencies and vendors that help us deliver advertising, marketing and campaigns, to analyze
their effectiveness, and manage your contact and questions;, social media, or other third parties
that participate in or administer our promotions, contests, sweepstakes, surveys or provide
marketing or promotional assistance. We may also share information with third parties to help us
identify your online preferences, including the ads with which you interact. This data may be
matched with information that we process about you to provide a better experience using our
websites and products. These third parties may use this information for their internal business
purposes, such as process or product improvement, but are not permitted to use personal
information for their own independent marketing or other purposes. We may also share
non-identifying information, such as aggregate statistics or usage information, with third parties.
Categories of Information shared (depending on the specifics of the business transaction)
include identifiers, internet or network activity, geolocation data, purchasing information,
protected classifications, professional or employment-related information, audio-visual
information, other categories of personal information, geolocation information, payment
information, other information, and inferences generated from the foregoing categories of
information.
Your Agreement To Have Your Personal Information Shared:
In connection with advertising or our Sites, you may be asked to receive information and/or
marketing offers from someone else, or to otherwise consent to the sharing of your information
with a third party, including social networking sites such as Facebook or Twitter. For example,
we share information (identifiers, Internet or similar network activity, commercial information,
inferences) via cookies and similar technologies with third party marketing and advertising
networks and social media to serve you tailored and personalized advertisements when you
permit the use of cookies (and similar technologies) via our cookie manager. If you agree to
have your Personal Information shared with a third party, it will be subject to the privacy policy
and business practices of that third party.
Personal Information may also be shared to complete a transaction you requested. For
example, payments made via purchases through some of our Sites are completed using a
third-party’s online payment system. Additionally, some of our Sites may provide the opportunity
to post content in a public forum. For example, providing ratings & reviews. If you decide to
submit information in these public forums, the information will be publicly available.
Some of our Sites have features such as plugins, widgets, or other tools provided by third
parties. These tools collect identifiers along with internet or similar network activity. If you
engage with such plugins, widgets, or other tools, additional information may be shared. For
example, if you use Facebook’s “like” feature, Facebook may register the fact that you ‘liked’ a
product and may post that information on Facebook. The use of information is not governed by
this privacy notice.
Business Transfers: We share information with other entities and affiliates of the E-commerce
Holdings, our parent company. As we continue to develop our business, we may sell or
purchase assets. If another entity acquires us or our assets, or assets related to the Sites,
Personal Information, and any other information that we have collected may be disclosed to
such entity as one of the transferred assets. Also, if any bankruptcy or reorganization
proceeding is brought by or against us, all such information may be considered an asset of ours
and as such may be sold or transferred to third parties.
Legal Disclosure: 1000 Beauty Brands may transfer and disclose information, including
Personal Information about you, and any other information that we have collected, to third
parties to comply with a legal obligation; when we believe in good faith that the law requires it; at
the request of governmental authorities conducting an investigation; to verify or enforce our
Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect
the rights, property, safety, or security of third parties, visitors to our Sites or the public.
Your Privacy Rights, Your Choices
You may change your preferences and unsubscribe from email services from our brands by: (i)
modifying your registered user information on the Sites; (ii) sending us an e–mail to the email
address listed in Contact Us located at the end of this notice; or (iii) following the unsubscribe
instructions in the communication that you receive.
In accordance with our routine record keeping, we may delete certain records that contain
Personal Information you have submitted through the Sites. We are under no obligation to store
such Personal Information indefinitely and disclaim any liability arising out of, or related to, the
destruction of such Personal Information. In addition, you should be aware that it is not always
possible to completely remove or delete all of your information from our databases without some
residual data because of backups and other reasons.
We will retain your Personal Information for as long as your account is active or as needed to
provide you services and as necessary to comply with our legal obligations, resolve disputes,
and enforce our agreements. If you wish to cancel your account or request that we no longer
use your Personal Information to provide you services, contact us via one of the methods listed
in Contact Us located at the end of this Privacy Notice. We do not control certain privacy
settings and preferences maintained by our social media partners like Facebook and Twitter. If
you wish to make changes to those settings and preferences, you may do so by visiting the
settings page of the appropriate social media site.
MOBILE
You may at any time opt out from push notifications and allowing 1000 Beauty Brands to access
location data by adjusting the permissions in your mobile device. You can stop all further
collection of information by our mobile applications by uninstalling the mobile application.
Please note that if you uninstall the mobile application from your mobile device, the unique
identifier associated with your mobile device will continue to be stored. If you re-install the
application on the same mobile device, we will be able to re-associate this identifier to your
previous transactions and activities.
COOKIES; INTEREST-BASED ADVERTISING AND ADCHOICES
If you would prefer not to accept cookies, you can manage your cookie preferences by clicking
on the “Cookie Settings” button located on the bottom of the website homepage. You cannot
disable essential cookies. We use certain analytics services, such as Google Analytics, to
gather information about our site visits or mobile app usage. To learn more about Google
Analytics, including opting out of Google Analytics, click here.
You can also change your browser settings to notify you when you receive a cookie, which lets
you choose whether or not to accept it; or set your browser to automatically reject any cookies.
However, please be aware that some features and services on our Sites may not work properly
because we may not be able to recognize and associate you with your account. In addition, the
offers we provide when you visit us may not be as relevant to you or tailored to your interests.
To learn more about cookies, please visit https://www.allaboutcookies.org.
We use third party companies to serve advertisements, measure the performance and
engagement with our ads, provide analytics, preference, and interest information. In some
instances, these ad network providers, social platforms, sponsors, and/or analytics providers
may use their own tracking technology to capture information about your device, use and
engagement online.
We may recognize your information across different devices that you use or log in from (i.e.
computers or mobile devices.). We may recognize that one cookie ID (i.e. from a computer) may
be connected to another device (i.e. smart phone) by the device ID or log in. This may result in
you searching for one of our products on one device but seeing an ad later for that product on
another device. By knowing what devices are being used by a person or household helps us
limit the number of times you may see the same ad across different devices. We may also
combine information we collect from your devices with other information we have about you,
such as your account information, services, transaction history, and interaction with our sites.
You can opt out of receiving targeted advertising through the Network Advertising Initiative (NAI)
Opt–Out Page. Options are Device-specific, so if you use multiple Devices, you should opt out
on each one. You can also opt out of certain targeted advertising programs by clicking on the
AdChoices icon that appears on our Site footers and may appear on our advertising. Even if you
opt-out of targeted advertising, you may still see our advertisements while you are browsing, but
they may not be targeted to you based on your interests.
Some social networks (such as Facebook), allow you to exercise ad choices, limit data
collection and clear your history on that platform as well. For your convenience we have
provided the links to some of the social networks:
Facebook – https://www.facebook.com/ads/preferences/?entry_product=education_page
Instagram – https://www.facebook.com/ads/preferences/?entry_product=education_page
Twitter – https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads
Google – https://adssettings.google.com/authenticated
TEXT/SMS MESSAGE CONSENT AND OPT-OUT
If you choose, you can provide your mobile phone number to receive text message alerts from
our stores or sites to receive product and/or event information, tips or promotions. You agree
that by providing your mobile phone number you expressly consent to receive automated
marketing text messages from us to the mobile phone number provided. Consent is not required
to purchase goods or services. Message and data rates will apply, and you should check the
rates of your mobile carrier. You can opt out from further text marketing communications by
texting STOP to the SMS number used by Pop color cosmetics USA to contact you.
We may share your mobile phone number with service providers with whom we contract to
assist us with the above activities, but we will not share your mobile phone number with third
parties for their own marketing purposes without your consent. Text Messages are distributed
via third party mobile network providers and, therefore, we cannot control certain factors relating
to message delivery. Depending on the recipient’s mobile carrier, it may not be possible to
transmit the text message to the recipient successfully; nor is content available on all carriers.
We do not claim or guarantee availability or performance of this service, including liability for
transmission delays or message failures.
YOUR CALIFORNIA RIGHTS:
The California Consumer Privacy Act (CCPA) provides California residents with specific rights
regarding their personal information. This section describes your rights and how you can submit
your request to us. We do not sell personal information.
Access to Information
You have the right to request that we disclose information about our collection and use of your
personal information over the past 12 months, including:
Categories of personal information we collected
Categories of sources for the personal information we collected
Our business purpose for collecting personal information
The categories of third parties with whom we share that personal information
The specific personal information we collected about you
Deletion
You have the right to request that we delete any of your personal information that we collected
from you and retained, subject to certain exceptions. Once we receive and confirm your
verifiable consumer request, we will delete (and direct our service providers to delete) your
personal information from our records, unless an exception applies.
We may deny a deletion request where retaining the information is necessary for us or our
service providers. For example, data may need to be kept to:
Complete a sales transaction for which we collected the personal information (such as the sale
of our beauty products to you)
Track consumer complaints or product issues
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity
Comply with a legal obligation
Enable solely internal uses that are reasonably aligned with consumer expectations based on
your relationship with us
Submitting a Request
Only you or a person registered with the California Secretary of State that you authorize to act
on your behalf, may make a request related to your personal information. You may also make a
verifiable consumer request on behalf of your minor child.
The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom
we collected personal information or an authorized representative of a California resident who
wishes to make a request.
We may not be able to respond to your request or provide you with personal information if we
cannot verify your identity or authority to make the request and confirm the personal information
relates to you. Making a verifiable consumer request does not require you to create an account
with us. We will ask you for the email information that you used to interact with us or sign up for
a loyalty, email, or to make purchases along with other information you submit (such as contact
information like name, address, phone number) and the information we have in our systems, to
help verify your identity or authority to make the request and confirm that your information is in
our system. Information provided to submit a request will only be used for request purposes.
You may designate an agent to submit requests on your behalf. We will need the agent to
provide us with your signed permission to act on your behalf. We may also require you to verify
your identity with us directly and confirm that you provided the agent permission to submit the
request on your behalf.
Timing
We will endeavor to respond to a verified consumer request within 45 days. If we require more
time, we will inform you of the reason and extension in writing.
We do not charge a fee to process or respond to a verified consumer request unless it is
excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee,
we will provide explanation and a cost estimate prior to completing the request.
You may only make a request for access or data portability twice within a 12-month period.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights.
Rewards Offers/Programs Calculation – Financial Incentives
We may offer incentives, such as a coupon or discount on purchase in exchange for personal
information (e.g. email sign-up). We may also offer a loyalty program that will provide certain
perks, such as rewards and exclusive offers, as well as other programs like sweepstakes or
contests. We generally do not assign monetary or other value to personal information. If,
however, we are required by law to assign such value, we have valued the personal information
collected and used as based, in part, on the value of consumer trail of new products and sharing
future offers tailored to your interest with competitive value. The value is a practical and
good-faith effort often involving the (i) categories of personal information collected (e.g., names,
email addresses), (ii) the transferability of such personal information for us, (iii) the discounted
price offered, (iv) the volume of consumers enrolled in our programs, and (v) the product or
service to which the programs, or price or service differences, applies. The disclosure of the
value described herein is not intended to waive, nor should be interpreted as a waiver to, our
proprietary or business confidential information, including trade secrets, and does not constitute
any representation with regard to generally accepted accounting principles or financial
accounting standards.
To submit your data subject privacy request click here.
ADDITIONAL INFORMATION
Under the laws of several states, Website and online service operators are required to disclose
how they respond to web browser “do not track” signals. 1000 Beauty Brands does not currently
take actions to respond to Do Not Track signals as a uniform standard for such response has
not yet been established.
Website and online service operators in several states are required 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 Sites such as a social feature, analytics service, or an advertising
network partner, may obtain information about your browsing or usage habits.
If you are a minor under 18 and have a profile on a 1000 Beauty Brands Site, you may ask us to
remove reviews or other content that you posted on the site by writing to us at the address listed
at the end of this notice and providing as much detail as possible (i.e. date and caption) as to
the post(s) you want removed. Please note that processing your request does not ensure
complete or comprehensive removal of content that you posted.
CHILDREN: 1000 Beauty Brands sites are not directed to children under 13. We do not
knowingly collect, use or disclose personally identifiable information from anyone under 13
years of age. If we determine upon collection that a user is under this age, we will not use or
maintain his/her Personal Information without the parent/guardian’s consent. If we become
aware that we have unknowingly collected personally identifiable information from a child under
the age of 13, we will make reasonable efforts to delete such information from our records. If
you believe that we might have any information from or about a child under age 13, please
contact us through one of the methods listed in the Contact Us section at the end of this notice.
Parental Consent: Minors between 13 years of age and the age of majority in their state must
ask their parent or guardian for permission to use any 1000 Beauty Brands properties. 1000
Beauty Brands offering e-commerce, you may only make purchases if you are 18 years of age
or older, or the age of majority in your jurisdiction of residence.
Parental participation: We strongly recommend that minors 13 years of age or older ask their
parents for permission before sending any information about themselves to anyone over the
Internet and we encourage parents to teach their children about safe internet use practices.
Privacy
SECURITY OF YOUR INFORMATION
1000 Beauty Brands maintains reasonable safeguards to protect Personal Information against
loss, unauthorized use, disclosure, or destruction and when transferring information for
processing and requires third parties providing services on our behalf to do the same. However,
no electronic data transmission or storage of information can be guaranteed to be 100% secure.
Please note that we cannot ensure or warrant the security of any information you transmit to us
OTHER SITES
The Sites may contain links to third party sites that are not owned or operated by 1000 Beauty
Brands. This includes links from advertisers, sponsors and/or partners that may use our logo(s)
as part of a co–branding or co–marketing agreement. We do not control, recommend, or
endorse, and are not responsible for these sites or their content, products, services or privacy
policies or practices. These other sites may send their own cookies or other tracking
technologies to your device, they may independently collect data or solicit Personal Information
and may or may not have their own published privacy policies. You should also independently
assess the authenticity of any site which appears or claims that it is one of our Sites (including
those linked to through an email or social networking page). The Sites may make available chat
rooms, forums, message boards, and news groups. Remember that any information that you
disclose in these areas becomes public information and is not subject to the provisions of this
Privacy and Cookie Notice..
CONSENT TO PROCESSING OF INFORMATION IN THE UNITED STATES AND OTHER
JURISDICTIONS
The Sites are governed by and operated in, and in accordance with the laws of, the United
States, and are intended for the enjoyment of residents of the United States. Country or
region-specific web sites are available for Ecommerce Holdings brands and products around the
world. Ecommerce Holdings makes no representation that the Sites are governed by or
operated in accordance with the laws of any other nation. Given that we are an international
business, our use of your information necessarily involves the transmission of data on an
international basis. If you are located in the European Union, Canada or elsewhere outside of
the United States, please be aware that information we collect may be transferred to and
processed in the United States. By using the Sites, or providing us with any information, you
(a) acknowledge that the Sites are subject to the laws of the United States, (b) consent to the
collection, processing, maintenance and transfer of such information in and to the United States
and other applicable territories in which the privacy laws may not be as comprehensive as or
equivalent to those in the country where you reside and/or are a citizen, and (c) waive any
claims that may arise under those laws.
CHANGES AND POLICY UPDATES
Please note, we may change information on the Sites and/or this Privacy Policy at any time and
any changes will be effective immediately upon the publication of revisions.
CONTACT US
If you have any questions about Privacy, please contact us at:
c/o ECOMMERCE HOLDINGS LLC DBA 1000 Beauty Brands
1 EAST ERIE ST. STE. 525
CHICAGO, ILLINOIS 60611
RE: 1000beautybrands.com
PRIVACY AND COOKIE NOTICE
TELEPHONE: (312-313-0066
Or send us an e–mail with your request here.
Support@1000beautybrands.com
TERMS OF USE
Thank you for visiting our site which is owned and operated by E-commerce Holdings LLC,
(collectively, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”) carefully
before using the services. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING
TERMS OF USE FOR YOUR USE OF THIS SITE AND ANY RELATED SERVICES,
FEATURES, CONTENT, APPS, WIDGETS OFFERED (THE “SITE”) OR ANY PURCHASES
YOU MAKE.
These Terms of Use apply to all users of the Site, including, without limitation, users who are
contributors of content, information and other materials or services on the Site. If you do not
agree with the Terms of Use, then you do not have the right to access, view, download or
otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time
on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior
to use of the Site, and your continued use of the Site following the posting of changes to these
Terms of Use constitutes your acceptance of any changes.
Privacy
We have developed a Privacy Policy in order to inform you of our practices with respect to the
collection, use, disclosure and protection of personal information. You can find the Privacy
Policy, which is incorporated into these Terms of Use, on our home page and by using this Site
you agree to the terms of the Privacy Policy.
General Terms of Use
Unless otherwise noted, the products and services on the Site are intended for personal,
non-commercial purposes only. You agree to use the Site only for lawful, noncommercial
purposes and in compliance with all international, federal, state and local laws. Except as
expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse
engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell,
license or in any way exploit the content of the Site.
Eligibility
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of
residence, (b) have not previously been suspended or removed from the Site, (c) do not have
more than one (1) account at any given time for the Site; (d) you will only provide us with true,
accurate, current and complete information if you register for an account and/or Orders (defined
below). If we believe or suspect that your information is not true, accurate, current or complete,
or suspect fraudulent use of the site via any automated tools or otherwise, we may deny or
terminate your access to the Site or Services (or any portion thereof) and (e) that you have full
power and authority to enter into the Terms of Use and in doing so will not violate any other
agreement to which you are a party.
Your Account
When you create an Account, you are required to provide your name and email address and
select a password (collectively, your “Account Information”), which you must not transfer to or
share with any third parties. If someone accesses our Site or Services using your Account
Information, we will rely on that Account Information and will assume that it is really you or your
representative who is accessing the Site and Services. You are solely responsible for any and
all use of your Account Information and all Orders and activities that occur under or in
connection with the Account. Without limiting any rights which we may otherwise have, we
reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the
security of the Site and your Account, including without limitation, terminating your Account,
changing your password, or requesting additional information to authorize transactions on your
Account. You agree to be responsible for any act or omission of any users that access the Site
or Services under your Account Information that, if undertaken by you, would be deemed a
violation of these Terms of Use. You may not use anyone else’s Account at any time, without the
permission of the Account holder. Please notify us immediately if you become aware that your
Account Information is being used without authorization. You agree not to register for more than
one Account, register for an Account on behalf of an individual other than yourself without such
individual’s authorization, or register for an Account on behalf of any group or entity.
User Content
We welcome user comments, information and submissions. In addition, you and other users of
the Site from time to time may have an opportunity to post on the Site certain ideas, concepts,
information, data, text, music, sound, photographs, graphics, video, messages, comments on
our products, advertising and other promotional materials or events, facts, advice, “tips”,
opinions and other material (collectively, “User Content”). Subject to our Privacy Policy, all User
Content that you post on this Site will be treated as non-confidential and non-proprietary to you
and may be viewed by you and/or other users of this Site. You also agree that we, our affiliates
and our licensees are free to use any ideas, concepts, know-how or techniques contained in
any User Content you send to us for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products, services and content using such
information, without any credit, notice, approval or compensation to you.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User
Content that you share. Therefore, if you have an idea or information that you would like to keep
confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are
not responsible for any user’s misuse or misappropriation of any User Content you post on the
Site.
Review of Submissions
We have no obligation to verify the identity of any users when they are connected to the Site or
to supervise the User Content that has been provided by users. You acknowledge that we may
or may not prescreen, monitor, review, edit or delete the User Content posted by you and other
users on the Site. We and our designees retain the right to modify, move, refuse, block or
remove any User Content, in whole or in part, for any reason or no reason, with or without
notice. We and our designees also reserve the right to access, read, preserve, and disclose any
information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation,
legal process or governmental request, (ii) enforce these Terms of Use, including investigation
of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or
technical issues, (iv) respond to user support requests, or (v) protect our rights, property or
safety, users of the Site and the public.
User Conduct
By posting User Content in or otherwise using any communications service or other interactive
service that may be available to you on or through the Site from time to time, you agree that you
are the sole responsible person and/or entity from which such User Content originated.
Moreover, you agree not to access or use the Site for any purpose that is prohibited by these
Terms of Use. You are responsible for all of your activity in connection with the Site.
By way of example, and not as a limitation, you agree not to (and shall not permit any third party
to) use the Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is
inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious,
defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of
another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or
accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or
threatening nature directed at another individual or group of individuals), or is otherwise
inappropriate as determined by us in our sole discretion; (b) harm any person in any way; (c)
upload, post, e-mail, or otherwise transmit any User Content that (i) victimizes, harasses,
degrades, or intimidates an individual or group of individuals on the basis of any impermissible
classification, including, without limitation, religion, gender, sexual orientation, race, color, creed,
ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (ii) infringes
any patent, trademark, trade secret, copyright, right of publicity or other intellectual or
proprietary right of any party; and (iii) you do not have a right to transmit under any law or under
any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or
confidential information learned or disclosed as part of employment relationships or under
nondisclosure agreements); (d) upload, post, e-mail, or otherwise transmit any material that
contains software viruses or any other computer code, files, worms, logic bombs or programs
designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site
or any computer software or hardware or telecommunications equipment or any other similarly
destructive activity; (e) obtain unauthorized access to any system, data, password or other
information; (f) interfere with or disrupt the Site or servers or networks linked to the Site, or
disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (g)
intentionally or unintentionally violate any applicable local, state, national, or international law,
and any rules, regulations, orders, directives and the like having the force of law; (h) upload,
post, e-mail, or otherwise transmit any material, or take any other actions with respect to your
use of the Site, that would constitute, or would otherwise encourage, criminal conduct or
conduct that could give rise to civil liability; (i) for commercial purposes, including, without
limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of
any goods or services; (j) solicit others to join or become members of any other commercial
online service or other online or offline group or organization; (k) impersonate any other person
or entity, including by providing any false personal information to us (including a false user
name) or creating any account for anyone other than yourself; (l) submit any person’s
identification documents or sensitive financial information; or (m) breaches the Privacy Policy.
Violation of any of the foregoing may result in immediate termination of your license to access or
use the Site and may subject you to state and federal penalties and other legal consequences.
We reserve the right, but shall have no obligation, to investigate your use of the Site in order to
(1) determine whether a violation of the Terms of Use has occurred or (2) comply with any
applicable law, regulation, legal process or governmental request.
No Endorsement
We do not control the User Content posted on the Site and, as such, we make no
representations or warranties regarding User Content or its truthfulness, accuracy, reliability,
integrity or quality. We do not determine whether User Content violates the rights of others, and
we have no control over whether User Content is of a nature that you or other users may find
offensive. User Content includes the opinions, statements and other content of third parties, not
us. You acknowledge and agree that the information and views expressed by you and other
users in User Content appearing on the Site do not necessarily reflect our views or those of our
content providers, advertiser, sponsors, affiliated or related entities, and we do not support or
endorse any User Content or any other content posted by you or any other user on or otherwise
accessible through the Site.
Our Right to Use User Content
You do not have to submit anything to us, but if you choose to submit any User Content to the
Site, it will be deemed non-proprietary and non-confidential and may be used by us, our
affiliates or others without restriction. You represent and warrant that you own or otherwise
control any and all rights in and to the User Content that you submit and that our public posting
and use of that User Content will not infringe or violate the rights of any third party in any
manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights
or any other intellectual property or proprietary rights. By submitting, sending, posting,
uploading, modifying or otherwise providing information, material, or any other communication
to us including User Content, whether solicited or unsolicited, you grant us and our designees
the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and
fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify,
adapt, publish, translate, create derivative works from, improve, distribute, commercialize,
perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed for any purpose,
including, without limitation, advertising and promotional purposes, reproduction, transmission,
publication, broadcast and posting without any further consent by you or notice, credit and/or
compensation to you or any third parties. You also hereby do and shall grant each user of the
Site a non-exclusive license to access your User Content through the Site, and to use, edit,
modify, reproduce, distribute, prepare derivative works of, display and perform such User
Content. We and our designees also have the right, but not the obligation, to use your user
name (and real name, image, likeness or other identifying information, if provided in connection
with User Content), city and state in connection with broadcast, print, online or other use or
publication of your User Content. We and our designees may use or otherwise transfer, remove
or dispose of any and all User Content without restriction and users of the Site shall not be
entitled to any compensation whatsoever for any such use, transfer or disposition of User
Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in
User Content shall be handled in accordance with our Privacy Policy.
Transmitting Materials
You understand that the technical processing and transmission of the Site may involve (a)
transmissions over various networks and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. We assume no responsibility for the deletion or
failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the
User Content or use such information for any purpose inconsistent with the purpose of the Site
or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or
bulk electronic mail or communications. You may not: (i) take any action that imposes or may
impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large
load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site
or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or
restrict access to the Site or portions thereof (or other accounts, computer systems or networks
connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual
or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
(vi) harvest or scrape any content from the Site.
Product Availability
The availability of the products and services described on the Site, and the descriptions of such
products and services, may vary based on location and timing.
Auto Refill
This site may offer you the opportunity to subscribe to auto-refill your purchase. Your
subscription will continue until you cancel it. A recurring charge (in the amount of the product
selected for auto replenishment) will be automatically charged to your credit card each time the
order ships. The shipment schedule will follow the frequency you requested when you selected
the product. There is no minimum term of the subscription and no minimum purchase obligation.
Orders, Prohibition on Reselling
While it is our practice to confirm orders by email, the receipt of an email order confirmation
does not constitute our acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice, to limit the order quantity on any product or
service and/or to refuse service to any customer. We also may require verification of information
prior to the acceptance and/or shipment of any order.
All orders shipped are made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the carrier.
You may not purchase any item from this site for resale by you or any other person. The prices
displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in
the United States. We have the right to refuse or cancel orders placed, including but not limited
to orders where product(s) is listed at an incorrect price regardless of whether the order has
been confirmed or your credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, we will issue a credit to your credit card account.
Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles, other text, photographs,
images, illustrations, graphics, video material, audio material, including musical compositions
and sound recordings, software, logos, titles, characters, names, graphics and button icons,
excluding User Content (collectively “Proprietary Material”), are protected by copyright,
trademark and other laws of the United States, as well as international conventions and the laws
of other countries. The Proprietary Material is owned or controlled by E-commerce Holdings or
by other parties that have provided rights thereto to E-commerce Holdings.
Except as otherwise provided in these Terms of Use or without our express prior written
permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly
perform, create derivative works from, reverse engineer or decompile, disassemble, distribute,
license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the
Proprietary Material or any portion thereof, for any purpose or by any means, method, or
process now known or later developed. Modification of the materials appearing on the Site or
use of such materials for any other purpose is a violation of our copyright and other proprietary
rights.
Claims Regarding Copyright Infringement
E-commerce Holdings LLC respects the intellectual property rights of others. If you are a
copyright owner or an agent thereof and believe that any User Content or other content on the
Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C § 512(c)(3) for further detail):
After receiving an effective notification of claimed infringement, we will process and investigate
the claim and, if appropriate, will act expeditiously to remove or disable access to material
claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user
that the material has been removed or disabled at your request.
This notification process does not limit Pop color cosmetics ability to exercise any other rights or
pursue any other remedies it may have to address claims of infringement.
Account Termination:
It is our policy to terminate, in appropriate circumstances, the accounts or access of users who
repeatedly infringe copyrights.
Account Termination
We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate
websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please
follow the instructions above to contact our Copyright Agent and provide information sufficient
for us to verify that the user is a repeat infringer.
Third Party Websites and Links
You may be able to link to third party Websites, services or resources on the Internet from the
Site, and third-party Websites, services or resources may contain links to the Site (collectively,
“Linked Sites”). We are not responsible for the content, availability, advertising, products,
services or other materials of any such Linked Sites, or any additional links contained therein,
and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or
approve of any materials contained on, or accessible through, the Linked Sites. In no event shall
we be liable, directly or indirectly, to you or any other person or entity for any loss or damage
arising from or occasioned by the creation or use of the Linked Sites or the information or
material accessed through these Linked Sites.
Third Party Merchants
The Site may enable you to order and receive products, information and services from
businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee,
delivery, maintenance, and all other matters concerning the merchandise, services or
information, opinion or advice ordered or received from such businesses are solely between you
and such businesses. We do not endorse, warrant, or guarantee such products, information, or
services. We will not be a party to or in any way responsible for monitoring any transaction
between you and third-party providers of such products, services, or information, or for ensuring
the confidentiality of your transactions.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including
in connection with co-promotions, sponsorships and other similar partnership arrangements. We
do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability,
integrity or legality of any such advertised goods or services.
Contests
This Site may, from time to time, contain contests that offer prizes or that require you to submit
material or information about yourself. Each contest has its own rules, which you must read and
agree to before you may enter.
Events
You may be invited or asked to attend events we sponsor, or events held by other members and
users of the Site which are not in any way associated with us (collectively, “Events”). Your
participation in any Events is at your own risk.
1-on-1 Video Consultation Services
This site may allow you to use a video consultation feature either with automated tools, a live
consultation with a beauty advisor, or both. By using the service, you agree to allow to activate
your camera to connect automated tools, live consultation with a beauty advisor, or both. A
video consultation is a live experience and will not be recorded.
When participating in a live consultation with a beauty advisor, the beauty advisor can answer
your questions, recommend products, and, where available, allow you to virtually try products
during the live consultation. You will be able to see the recommend products during the
experience, and you can shop and buy products after the video consultation has ended. To help
us in providing you with the best experience and advice, the beauty advisor is informed about
the page you were consulting when you connected to this service.
By using video consultation features, you agree to be bound by these Terms of Use and comply
with its provisions, including provisions related to User Conduct.
Use of Software
We may make software available for you to download or use. Such software will be subject to
the terms of the license agreement that accompanies it. If there is no license agreement
presented to you with the software, then the following license, in addition to the other terms of
these Terms of Use govern your use of such software. We grant you a personal, non-exclusive,
non-transferable, limited license to install the software on any single computer. The software is
protected by copyright and other intellectual property laws and treaties and is owned by us or
our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the
software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it
into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or
otherwise attempt to derive the source code or underlying ideas or algorithms of the software or
any portion of the software, including without limitation any application or widget (except where
expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related
technology, or any product thereof, for any proscribed end-use, or to any proscribed country,
entity or person (wherever located), without proper authorization from the U.S. and/or foreign
government; (v) modify, translate, adapt, or create derivative works from the software or any
portion of the software in any way or remove proprietary notices in the software. You agree to
abide by all laws and regulations in effect regarding your use of the software. You may not
authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its
performance and capabilities. If you shut down the software during an automatic update or
otherwise interfere with the installation of the update, the software may be damaged and/or
cease to operate.
Termination
We may terminate or suspend your access to the Site, delete your profile and any content or
information that you have posted on the Site and/or prohibit you from using or accessing the
Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in
our sole discretion, with or without notice to you, effective immediately, which may result in the
forfeiture and destruction of all information associated with you and your activities in connection
with the Site. If you wish to terminate your account, you may do so by following the instructions
on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will
still be bound by your obligations under these Terms of Use.
Governing Law; General Information
We control and operate the Site from our offices in the State of New York, United States of
America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge
that the Site, and all activities available on and through the Site, are governed by the laws of the
United States of America and the laws of the State of New York. We do not represent that
materials on the Site are appropriate or available for use in other locations. Persons who
choose to access the Site from other locations do so on their own initiative and are responsible
for compliance with local laws.
You agree that the laws of the State of New York, excluding its conflict of laws rules, and these
Terms of Use, our Privacy Policy and any other policies posted from time to time on the Site
applicable to your use of the Site shall govern your use of the Site. Please note that your use of
the Site may be subject to other local, state, national, and international laws. You expressly
agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or
relating in any way to your use of the Site resides in the courts of the County of Cook, State of
Illinois, and you further agree and expressly consent to the exercise of personal jurisdiction in
the courts of the County of Cook, State of Illinois, in connection with any such dispute and
including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers.
Arbitration
By using this Site, you agree that E-commerce Holdings LLC or one of its affiliates at its sole
discretion, may require that: (1) any and all disputes and causes of action related to or
connected with these Terms, the Site, and the related offerings shall be resolved individually,
without resort to any form of class action, and exclusively by final and binding arbitration under
the rules of the American Arbitration Association and held at the AAA regional office nearest the
participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all
proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered
in any court having jurisdiction. You understand and agree that you are waiving your right to sue
or go to court to assert or defend your rights under this contract.
A printed version of the Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to the Terms of Use
to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
These Terms of Use are the entire agreement between you and us with respect to the Site and
any User Content and supersede all prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and us with respect to those matters. If any
provision of these Terms of Use is found to be illegal or unenforceable, the remainder of the
Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or
employment relationship is created as a result of these Terms of Use, and neither party has any
authority of any kind to bind the other in any respect.
Notices
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be
in writing and will be deemed to have been duly given when received, if personally delivered or
sent by certified or registered mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day
delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us page. You
agree that we may send notices to you regarding your use of the Site by means of electronic
mail, a general notice posted on the Site or by written communication delivered either by
overnight courier or U.S. mail to your email or mailing address as appearing in our records from
time to time.
These Terms of Use were last updated March ,1 2023