This is the Privacy Policy of Oliver Bailey Skin Company, LLC, a Florida limited liability company, and its subsidiary and affiliate companies (collectively “OBSC,” “we,” or “us”), which applies to the websites located at www.oliverbaileyskin.co, and its affiliate sites, subdomains, mobile versions and any associated applications (collectively, the “Site”), and was last modified on 17 April 2020.
OBSC respects your privacy and is committed to protecting it throughout compliance with this Privacy Policy. We understand that your privacy is important to you and that you care about how your personal information is used and shared online. We respect and value the privacy of everyone who visits this Site, and will only collect and use personal information in ways that are described here (whether or not you have an account with us), and in a manner that is consistent with our obligations and your rights under the law.
In conjunction with the Site’s Terms of Use, this Privacy Policy sets out the basis on which any personal information you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Site, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended in our sole discretion from time to time. If you use the Site after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this Privacy Policy at any time, you should not use the Site.
REGISTRATION ON OUR SITE
You must be at least the age of Majority (18 in most states of the United States; older in some jurisdictions) to register with us. Please do not provide any of your information to us if you are under the age of 18. We do not knowingly collect or maintain any personally identifiable information (“PII”) about anyone under the age of 18, nor is such information knowingly used by us for any marketing or promotional purposes.
If we become aware that you are under the age of Majority and are attempting to or have submitted personal information via the Site, we will not accept such information and we will take steps to promptly remove such information from our records. This could involve us having to access and verify your age and other relevant details, which we may do.
INTRODUCTION
This policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Privacy Policy applies to information we collect:
OBSC respects your privacy and is committed to protecting it throughout compliance with this Privacy Policy. We understand that your privacy is important to you and that you care about how your personal information is used and shared online. We respect and value the privacy of everyone who visits this Site, and will only collect and use personal information in ways that are described here (whether or not you have an account with us), and in a manner that is consistent with our obligations and your rights under the law.
In conjunction with the Site’s Terms of Use, this Privacy Policy sets out the basis on which any personal information you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Site, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended in our sole discretion from time to time. If you use the Site after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this Privacy Policy at any time, you should not use the Site.
REGISTRATION ON OUR SITE
You must be at least the age of Majority (18 in most states of the United States; older in some jurisdictions) to register with us. Please do not provide any of your information to us if you are under the age of 18. We do not knowingly collect or maintain any personally identifiable information (“PII”) about anyone under the age of 18, nor is such information knowingly used by us for any marketing or promotional purposes.
If we become aware that you are under the age of Majority and are attempting to or have submitted personal information via the Site, we will not accept such information and we will take steps to promptly remove such information from our records. This could involve us having to access and verify your age and other relevant details, which we may do.
INTRODUCTION
This policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Privacy Policy applies to information we collect:
On this Site.
In email, text, and other electronic messages between you and this Site.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.
This Privacy Policy does not apply to information collected by:
- Us offline or through other means, including on any other website operated by Company or any third-party (including our affiliates and subsidiaries); or
- Any third-party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.
This Privacy Policy explains the following:
- What information we collect about you and why.
- How we use information about you.
- How your information may be shared.
- How we store and process information about you.
- When and how we communicate with you.
- How long we may keep personal information about you.
- How you can opt-out from receiving communications from us.
- Analysis tools and our use of cookies.
- Information over the Internet and other Sites.
- Offensive or inappropriate content.
- Legal disclaimer.
- How to contact us.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Policy. We may change this Privacy Policy from time to time and on one or more occasion. Your continued use of this Site after we make any such changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
CHILDREN UNDER THE AGE OF 16
Our Site is not intended for children under 16 years of age. No one under the age of 16 may provide any personal information, including PII, to or on the Site. We do not knowingly collect personal information, including PII, from children under 16. If you are under 16, do not use or provide any information on this Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at info@oliverbaileyskin.co.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your California Privacy Rights” Section for more information.
INFORMATION WE MAY COLLECT
We may collect the following information:
We may collect personally identifiable information (“PII”).
We may collect information that is not personally identifiable (“Non PII”).
PII we may collect includes the following:
When you register with us, we ask for information such as your name, postal address, zip code, email address, and telephone number. We also acquire your Internet protocol address and/or mobile device identification, which certain jurisdictions consider to be PII because it could be used to identify an individual or device if it were combined with other identifying information, including PII.
We may capture user information when users send us questions or comments via email, text, and other electronic messages. Information collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue. Sending us email, text, and other electronic messages will not enroll you on our e-mail list unless you specifically request it.
For purchases made on the Site, a third-party payment processor such as Authorize.net, Amazon Pay or Apple Pay may collect your name, email address, postal address, contact details and credit or debit card information. This record will be stored and processed in the United States and other countries (see further below under “How we use information about you” and “How we store and process information about you”). By making a purchase, you grant to us and to all other persons and entities involved in the operation of the Site, the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Site and as otherwise provided herein. You also agree that such access and use of your personal information is governed by any privacy policies of all other persons and entities involved in the operation of the Site. We are not responsible or liable for the content, activities or privacy policies of any third-party sites. Accordingly, please refer to any respective privacy policies of any third-party sites, and all other persons and entities involved in the operation of the Site.
We generally do not request on or through the Site other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), personal health information, or government issued identification numbers (e.g., social security number, drivers’ license number, or passport number), although we reserve the right to do so when such information is necessary to offer you certain services.
We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we neither guarantee nor warrant its absolute security.
We may also obtain your personal information through your use of social media and/or other websites such as Facebook, Twitter, Instagram, YouTube or Amazon, depending on your settings or the privacy policies of these websites. To change your settings on these services, please refer to their respective privacy notices.
Non PII We may collect includes the following:
Some of the information that we acquire cannot identify, distinguish or trace you or your device, even if combined with other identifying information, including PII, and some information that could be considered PII when combined with other identifying information, including PII is not used in a way that identifies, distinguishes or traces you or your device, but is instead used in an anonymous way, often aggregated with other anonymous information about other users.
If your personally identifiable information changes, or if you no longer choose to use our services or the Site, you can contact customer service by e-mail, telephone or postal mail at the contact information listed at the end of this Privacy Policy to assist you with changes to your account. To the extent your account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.
HOW WE USE INFORMATION ABOUT YOU
We may use the PII we collect in the following ways:
To contact users with updates and relevant information about our products and services because they have signed up to do so through our Site. If you would no longer like to receive promotional e-mails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below.
To provide users with personalized offers, promotions, news, events and other information relevant to them because they have signed up to do so through our Site.
To quickly process user requests for information and to allow us to respond efficiently to user questions.
To monitor Site statistics.
To respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s request.
To help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Site, to help protect the security or integrity of our Site, or to enable us to take precautions against liability.
To provide information to service providers or such companies who provide support for the operations of our Site and who do not use or disclose the information for any other purpose.
To administer a contest, promotion, survey, or other features.
To allow us to disclose your information to the extent permitted by law.
How your information may be shared:
Except as set forth below or otherwise in this Privacy Policy or applicable law, we do not sell, trade, or otherwise transfer to third-parties our users’ PII unless we receive such user’s consent. Subject to the foregoing, we may share PII with outside parties in the following situations:
Affiliates and Subsidiaries. In connection with their content and advertisements, our affiliates and subsidiaries may collect personally identifiable information.
Subsidiaries, Third-Party Site Consultants and Service Providers. We may, to service us and the Site, disclose personal information to our subsidiaries, third-party site consultants, and service providers (such as providers of hosting, support, maintenance; third-party payment processing agencies; and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases.
Enforcement of Rights/Security. We reserve the right to release personal information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other Site user agreements.
Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be deemed by the acquiring or reorganized entity to be transferred assets.
To Help Protect Minor Users of Our Site. In the event that the safety of our users is threatened, and we are able to do something about that by sharing PII with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Site, to help protect the security or integrity of our Site, or to enable us to take precautions against liability.
As Otherwise Allowed by Law. We may transfer personal information to third parties where we are expressly authorized by applicable law to do so.
Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties.
No Expectation of Privacy in Certain Services. We may make available services such as blogs, message boards and chat functionality to which you are able to post information and materials. You acknowledge that you have no expectation of privacy in such services, and that any information you disclose through such services or otherwise on the Site becomes public information available to visitors to the Site and to the general public. In addition, when you choose to make a posting on such services, certain personal information will be available for other users to view. You are urged to exercise discretion and caution when deciding to disclose personal information about you, or any other information, on the Site. YOU ACKNOWLEDGE FURTHER AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD-PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE SITE.
Express Consent. We may share your information upon receiving your express consent to do so.
HOW WE STORE AND PROCESS INFORMATION ABOUT YOU
This Site is hosted in the United States. In order to communicate with you about products, local events, offers and opportunities, the information that we collect from you may be transferred to, stored, used and processed by OBSC in the United States or one of our service providers based in the United States or outside of the United States. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the processing of payment details; and (iii) the provision of support services.
If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your personal information to the United States. The laws of some countries may not provide the same levels of protection of personal information as your home country, particularly if you are resident in the European Union. By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy. When you provide personal information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Site is operated in the United States. We will make commercially reasonable efforts to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS SITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION, INCLUDING PII IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
WHEN AND HOW WE COMMUNICATE WITH YOU
We may use the information we collect to contact you by mail, email and telephone (including automated calls, and by text messages, SMS text messages, other electronic messages, and other multimedia electronic messages such as picture messaging). We do not intend to send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider could impose a charge on any messages that you receive.
Please check with your service provider for details.
You can unsubscribe from promotional emails and other commercial communications (including automated calls, and by text messages, SMS text messages, other electronic messages, and other multimedia electronic messages such as picture messaging) by following applicable instructions contained within such communications. Please note that due to marketing production schedules, it’s possible that you will still receive messages already in production.
HOW LONG WE WILL HOLD PERSONAL INFORMATION ABOUT YOU
We will hold personal information about you on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant agreement between you and OBSC, subject to this Privacy Policy, our Terms of Use, and any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Site once an account is deleted, we make best efforts to not use the personal information about you other than for administrative purposes or as required under applicable laws.
Where you contribute to the Site, we generally make best efforts to only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted.
HOW YOU CAN OPT-OUT FROM RECEIVING COMMUNICATIONS FROM US
You may add or remove your name from an OBSC list at any time by contacting us by e-mail at info@oliverbaileyskin.co. We will make commercially reasonable efforts to endeavor to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Site, we may continue to send you transactional messages and important account-related information regarding this Site or products or services offered through this Site, all of which will be deemed as non-promotional.
ANALYSIS TOOLS AND OUR USE OF COOKIES
We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with the Site, and to and enhance certain activities available on the Site. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the websites. We may use persistent or not-persistent cookies. Users can remove or reject persistent cookies by following the directions provided in their Internet browser’s “help” file. If a user removes a persistent cookie or rejects persistent cookies, the functionality of the Site, or any part thereof, may be impaired or unavailable.
Third-party advertisers on the Site may place or recognize cookies and other technologies on your browsers in connection with their advertisements for statistical purposes; we have no control over cookies placed on the Site by third parties.
INFORMATION OVER THE INTERNET AND OTHER SITES
Because the Internet is a global network, there are times when information about you travels globally and will not always be completely secure. YOU ACKNOWLEDGE AND AGREE THAT IF YOU PROVIDE US WITH INFORMATION OVER THE INTERNET, YOU DO SO AT YOUR OWN RISK AND AGREE TO RELEASE US FROM ANY AND ALL LIABILITIES ARISING FROM YOUR PROVIDING US WITH SUCH INFORMATION OVER THE INTERNET. By using the Site, you agree and authorize us to process information in this way. However, please be assured that we make best efforts to use commercially reasonable procedures and security features to prevent unauthorized access to information about you.
We may, in furtherance of our intention to provide you with increased value, include links to third-party websites in the Site. Such linked websites either have separate and independent privacy policies, or have no privacy policy at all. You acknowledge that we are neither responsible nor liable for the content, activities or privacy policies of such linked websites. Subject to the foregoing, you understand that we make commercially reasonable efforts to protect the integrity of the Site and welcome any feedback about a linked website (including if a specific link does not work).
OFFENSIVE OR INAPPROPRIATE CONTENT
If you find any link on our Site that is offensive for any reason, you may contact us to inform us of such offensive link. We will make commercially reasonable efforts to consider any request to remove links without obligation to or so, and without obligation to respond to you directly. You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or services linked to or accessible from this Site, and further acknowledge and agree that we are not responsible for the Content or actions of any other sites, applications, destinations, or services. YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO, OR ACCESSING OF, ANY OTHER SITE, APPLICATION, DESTINATION OR SERVICE IS AT YOUR SOLE RISK.
LEGAL DISCLAIMER, CHOICE OF LAW, AND SUBMISSION TO JURISDICTION
DISCLAIMER OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE RESPONSIBLE AND WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY, IN ANY WAY, FOR ANY EVENT BEYOND OUR DIRECT CONTROL; AND, BECAUSE OF THE COMPLEX AND CONSTANTLY CHANGING NATURE OF OUR TECHNOLOGY AND BUSINESS, WE NEITHER GUARANTEE, REPRESENT, NOR WARRANT THAT OUR PERFORMANCE WILL BE ERROR FREE. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER LOSS SUFFERED BY YOU OR ANY THIRD-PARTY, WHICH RELATES TO THE USE OR RELEASE OF YOUR PERSONAL INFORMATION, PII, OR NON-PII.
CHOICE OF LAW. YOU ACKNOWLEDGE AND AGREE THAT THIS PRIVACY POLICY AND ALL MATTERS ARISING OUT OF OR RELATING TO IT, WHETHER SOUNDING IN CONTRACT, TORT, OR STATUTE ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PROVISIONS THEREOF TO THE EXTENT SUCH PRINCIPLES OR RULES WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF FLORIDA. YOUR FURTHER ACKNOWLEDGE AND AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS PRIVACY POLICY.
SUBMISSION TO JURISDICTION. YOU AGREE TO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT YOU WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST US IN ANY WAY ARISING UNDER THIS PRIVACY POLICY AND ALL MATTERS ARISING UNDER THIS PRIVACY POLICY, IN ANY FORUM OTHER THAN THE US DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA OR, IF SUCH COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION, THE COURTS OF THE STATE OF FLORIDA SITTING IN HILLSBOROUGH COUNTY, FLORIDA, AND ANY APPELLATE COURT FROM SUCH COURTS. YOU AGREE TO IRREVOCABLY AND UNCONDITIONALLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND AGREES TO BRING ANY SUCH ACTION, LITIGATION OR PROCEEDING ONLY IN THE US DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA OR, IF SUCH COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION, THE COURTS OF THE STATE OF FLORIDA SITTING IN HILLSBOROUGH COUNTY, FLORIDA.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.
A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law (Civil Code Section § 1798.83), allows California residents to obtain a list of third-parties to whom a business has disclosed personal information if it shares such information with third-parties for their direct marketing purposes. However, if a business adopts and discloses in its own privacy policy a policy of not disclosing customers’ personal information to third-parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.
As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the user’s permission. Whenever a user agrees to allow us to collect personal information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to: info@oliverbaileyskin.co.
Because the Site contains this Privacy Policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third-parties for direct marketing purposes, we are not required to provide you with the third-party list.
HOW TO CONTACT US
We welcome your questions, comments and concerns about privacy and any of the rights, duties, terms, or conditions contained in this Privacy Policy. Please contact us with any questions, comments, and concerns you have about privacy and any of the rights, duties, terms, or conditions contained in this Privacy Policy by email at: info@oliverbaileyskin.co. Or you can contact us by mail at the following address:
Oliver Bailey Skin Company, LLC
4352 W Kennedy Boulevard
Suite 271
Tampa, Florida 33609
Copyright © 2019-2020 Oliver Bailey Skin Company, LLC, and Elegant Title, LLC. All Rights Reserved.
Oliver Bailey Skin CoTM is a trademark of Elegant Title, LLC, an affiliate of Oliver Bailey Skin Company, LLC, United States Patent and Trademark Office Serial Number 88662081.