Privacy Policy
Thank you for using Velour Cosmetics’ website. We are committed to protecting your privacy and, for that reason, we
have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for the Velour Cosmetics services (including any Velour Cosmetics website, and mobile and web-based applications, and any other tools, products, or services provided by Velour Cosmetics that link to or reference this Privacy Policy) (collectively, the “Services”). The Services are owned and operated by Velour Cosmetics ULC, a British Columbia ULC (“Velour Cosmetics,” “we,” “us” or “our”).
By accessing or using our Services, you agree that your visit and any dispute over our online privacy practices is governed by, applicable law, this Privacy Policy, and our Terms and Conditions of Use. Our Terms and Conditions of Use is hereby incorporated into this Privacy Policy by reference.
YOU ACKNOWLEDGE AND AGREE THAT OUR TERMS AND CONDITIONS OF USE CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS UNDER THIS PRIVACY POLICY TERMS WITH RESPECT TO THE SERVICES.
If you reside in the State of California, please click here to learn more about your privacy rights. To the extent that there is a conflict
between this Privacy Policy and the Privacy Notice for California Residents, the Privacy Notice for California Residents will prevail with respect to California Residents (as defined below) only.
If you reside in a country in the European Economic Area or in Switzerland, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for European Residents, the Privacy Notice for European Residents will prevail with respect to European Residents (as defined below) only.
This Privacy Policy applies to information Velour Cosmetics collects through the Services, as well as other information provided to us online or offline by third parties, when we associate that information with customers or users of the Services; however, it does not apply to information collected from our employees, contractors, or vendors. It also does not apply to information that you ask us to share with third parties or that is collected by certain other third parties whose software or services are featured or included in the Services (as further described below).
This Privacy Policy describes, among other things:
- Personal and other information we collect about you;
- How we use your information;
- How we may share your information with third parties; and
- Your choices regarding the personal information we collect about you.
1. Consent
By accessing or using the Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Services. Information gathered through the Services may be transferred, used, and stored in the United States, Canada or in other countries where our service providers or we are located. If you use the Services, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States, Canada and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Services or Velour Cosmetics are deemed to occur in the United States, where our servers are located.
2. Collection of Your Personal and Other Information
When you register for or use our Services, including when you participate in or enroll in our loyalty program, we collect Personal
Information. By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:
- Names;
- Personal or business addresses;
- Email addresses;
- Birth date;
- Phone number;
- Credit card or debit card information (which you submit for payment purposes and which is collected by our third party payment gateway service providers (Shopify, Afterpay, Authorize.net, and Klarna)); and
- Information contained in any image, photograph or profile you submit to us.
Our Services may integrate with social media platforms, including Meta, Instagram, TikTok, X Corp., Snapchat, Youtube, and Pinterest. When you connect a social media account to our Services, then we may collect information about that social media account and share information with that social media account as described in the connection process. This collected information may include, but is not limited to, your name, email address, demographic information from your profile, friend lists, postings or other content, and your profile picture. You acknowledge and agree that Velour Cosmetics is not responsible for the data collection or use practices of any such connected social media platform. You should read each social media platform’s privacy policy before connecting that social media account.
You may choose not to provide Personal Information, (subject to the controls offered by your mobile device’s operating system), but this may prevent you from receiving certain features of the Services.
We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual. The non-Personal Information we collect includes how you interact with the Services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.
Examples of the non-Personal Information we collect are:
- The pages of our website that you viewed during a visit;
- What information, content or advertisements you view or interact with using the Services;
- Language preferences;
- The city and state in which you are located (but not your precise geographic location); and
- Unique identifiers that are not connected and cannot reasonably be connected to your identity.
We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information
gathering technologies to gather Personal Information and non-Personal Information.
Information collected by the Services may be collected by us or one of the third parties we
utilize in providing the Services (as further described below).
3. Use of Your Information
We may use the information we collect to:
- Assist us in providing, maintaining, and
protecting the Services; - Set up, maintain, and protect accounts to use
the Services; - Improve our online operations;
- Process transactions;
- Provide customer service;
- Communicate with you, such as provide you with account- or transaction-related communications, or other newsletters, RSS feeds, and/or other communications relating to the Services;
- Send or display offers and other content that is customized to your interests or preferences; Perform research and analysis aimed at improving our products and services and developing new products or services; and
- Manage and maintain the systems that provide the Services.
4. Disclosure of Your Information
We may disclose your Personal Information to third parties as described below.
We may disclose Personal Information to provide the Services, or when you authorize or instruct us to do so, for example, when you use the Services to submit content or profile information. We may also disclose Personal Information and non-Personal Information to Service Providers. By “Service Providers” we mean companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, and conducting audits). When we use a Service Provider, we require that the Service Provider use and disclose the Personal Information received from us only to provide their services to us or as required by applicable law.
We may also disclose Personal Information and non-Personal Information to Online Tool Providers. By “Online Tool Provider” we mean a licensor of software that we include in, or use with, the Services, including an API or SDK, that provides a specialized function or service to us and that requires the transmission of Personal Information and/or non-Personal Information to the Online Tool Provider. Online Tool Providers may have the right to use Personal Information and non-Personal Information about you for their own business purposes. Use and disclosure of Personal Information and non-Personal Information by an Online Tool Provider is described in its privacy policy. See Section 5 below for some of the key Online Tool Providers we use.
We may partner with advertisers to provide you with special offers, or to advertise products or services to you. If you redeem or respond to an offer, we may provide your Personal Information to the advertiser, including your name, email address, gender, and year of birth. If you answer questions or fill out surveys from an advertiser, we may share information with that advertiser. The advertiser’s privacy policy will govern their use of your information, which may include marketing of other products or services to you. For example, we advertise through the following platforms: Meta, Pinterest, TikTok, Snapchat, Google, Criteo, Amazon, PostPilot, and Microsoft[RR10] . You should read each advertiser’s privacy policy before providing information to that advertiser.
We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business.
Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
5. Cookies and Automatic Information
Gathering Technologies
Every time you use the Services (e.g., access a Service webpage, or navigate to a specific location within the Service mobile app), we collect Personal Information and non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve our Services, we collect how, when, and which parts of the Services or their features you use, which social media platforms you connect to the Services, and when, how, and what you post to the social media platforms through the Service app. Also, we may use your device’s unique identifier (UDID) or other unique identifiers to assist us in collecting and analyzing this data.
To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “web beacons,” “pixels,” or “tags.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A web beacon, pixel or tag is a small, usually-transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie. We use both our own and third-party cookies, web beacons and pixels on our website.
Your operating system and web browser may allow you to erase information stored in Cookies and local browser storage. But if you do so, you may be forced to login to the Services again, and you may lose some preferences or settings. You may also be able to set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it. We may use Cookies to keep you logged in, save your preferences for the Services, and to collect information about how you use
our Services.
More information about managing Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.
An Online Tool Provider may collect information automatically, in which case Personal Information and non-Personal Information it receives are subject to the Online Tool Provider’s privacy policy. Some Online Tool Providers may allow you to opt out of certain collection and/or uses of your
information. You can read more here[RR11] :
6. Transparency and Choice; Do Not
Track Signals; Global Privacy Controls
You may request access to your Personal Information by sending an email to info@velourbeauty.com[RR12] . We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes. You may also remove any content that you post to the Services using the deletion or removal options within the Services. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the Services.
If you need further assistance with removing any content you posted through the Services, you can email us at info@velourbeauty.com. Removal of your posted content may not ensure complete or comprehensive removal from our computer systems.
We
ask individual users to identify themselves and the information requested to be
accessed, corrected, or removed before processing such requests, and we may
decline to process requests that are unreasonably repetitive or systematic,
require disproportionate technical effort, jeopardize the privacy of others,
would be extremely impractical (for instance, requests concerning information
residing on backups), or relate to information that is not associated with your
Personal Information. In any case, where
we provide information access and correction, we perform this service free of
charge, except if doing so would require a disproportionate effort. We may also require you to verify your
identity to our satisfaction before providing you with access to Personal
Information.
Please
note that, in our mobile app, you can choose to delete your account by navigating
to “Delete Account” in the settings of the mobile app. Please be aware that if you request us to delete your
Personal Information, you may not be able to continue to use the Services. Also, even if you request that we delete your
Personal Information, we may need to retain certain information for a limited
period of time to satisfy our legal, audit and/or dispute resolution
requirements.
We
may use third-party service providers that collect information for
interest-based advertising purposes (advertisements that are tailored to your
likely interests, based on categories in which you have shown an interest). To learn more about these third parties and
the choices they offer users, please visit the Network Advertising Initiative’s
choices page or the
Digital Advertising Alliance’s choices
page. If you are reading this
Privacy Policy from a mobile device, you can learn more about the DAA's mobile
choices program here.
Do
Not Track (“DNT”) is a privacy preference that users can set in certain web
browsers. DNT is a way for users to inform websites and online services that
they do not want certain information about their webpage visits collected over
time and across websites or online services. Please note that we do not respond
to or honor DNT signals.
Global
Privacy Control (“GPC”) is a browser setting that allows you to notify websites
you visit about your privacy preferences, which you can learn more about
at https://globalprivacycontrol.org/.
We honor website visitors’ GPC signals.
You
can opt out of receiving marketing e-mails from us by clicking on the
“unsubscribe” link in the e-mails.
Please note that it may take up to ten (10) business days for your
opt-out request to be processed. Also,
even if you opt out of marketing e-mails, we may continue to send you certain
account-related e-mails, such as notices about your account and confirmations
of transactions you have requested.
7. Certain State Residents
You may have heard of the certain state laws including the
California Consumer Privacy Act (CCPA), the California Privacy Rights Act
(CPRA), Virginia Consumer Data Protection Act (CDPA), Colorado Privacy Act
(CPA), Utah Consumer Privacy Act (UCPA), Connecticut Data Privacy Act (CTDPA),
Florida Bill of Digital Rights (FBDR), Indiana Consumer Data Protection Act
(INCDPA), Iowa Consumer Data Protection Act (IACDPA), Montana Consumer Data
Privacy Act (MTCDPA), Tennessee Information Protection Act (TIPA), Texas Data
Privacy and Security Act (TDPSA), Oregon Consumer Privacy Act (OCPA), and
Delaware Personal Data Privacy Act (DPDPA) which provide certain rights to
California, Virginia, Colorado, Utah, Connecticut, Florida, Indiana, Iowa,
Montana, Tennessee, Texas, Oregon, and Delaware residents in connection with
their Personal Information. Our Services are not currently subject to CDPA,
CPA, UCPA, CTDPA, FBDR, INCDPA, IACDPA, MTCDPA, TIPA, TDPSA, OCPA or DPDPA. However, we do provide notice and
transparency about our collection and use of Personal Information as described
in Privacy Policy.
8. Residents of Canada
If you have an objection to the use of your Personal
Information as described in this Privacy Policy, you may file a complaint by
sending an email to info@velourbeauty.com. We will attempt to
accommodate your objection or complaint, but you understand that, to the extent
you object to our processing of Personal Information that is necessary for us
to provide the Services to you, certain features and functionalities of the
Services may no longer be available to you.
Nothing in this Privacy Policy prejudices your rights to file a
complaint with the Office of the Privacy Commissioner of Canada, and/or with
any other applicable data protection authorities.
9. Residents of Nevada
We do not sell your Personal Information. However, you may contact us at info@velourbeauty.com with questions.
10. Children
The
Services are not intended for users under 18 years of age. We do not
knowingly collect Personal Information from users under 18 years of age. We do not
authorize users under 18 years
of age to use the Services.
11. Information Security
We
utilize reasonable information security measures to safeguard your Personal
Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer
(SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive
data is transmitted over the Internet, and use firewalls to help prevent
external access into our network. However,
no data transmission over the Internet and no method of data storage can be
guaranteed to be 100% secure. Therefore,
while we strive to use commercially acceptable means to protect your Personal
Information, we cannot guarantee its security.
We
restrict access to Personal Information in our possession to our employees, Service
Providers, and Online Tool Providers who need to know that information in order
to operate, develop, improve or support our Services.
12. Third Party Websites
Please
note that the Services may link or integrate with third-party sites, services
or apps. We are not responsible for the
privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the
privacy and security policies and terms of service of those third parties so
that you understand how they collect, use, share and protect your information.
13. Changes to this Policy
We
may modify or update this Privacy Policy periodically with or without prior
notice by posting the updated policy on this page. You can always check the
“Last Updated” date at the top of this document to see when the Privacy Policy
was last changed. If we make any
material changes to this Privacy Policy, we will notify you by reasonable
means, which may be by e-mail or posting a notice of the changes on our website
prior to the changes becoming effective.
We encourage you to check this Privacy Policy from time to time. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY
POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH
CHANGES (WHICH IS THE “LAST UPDATED” DATE OF THIS PRIVACY POLICY).
14. Questions
To ask questions about our Privacy Policy or to lodge a complaint, contact us at:
Velour Cosmetics ULC
171 E Liberty St., Suite 202
Toronto, ON, M6K 3P6 [RR13]
Email: info@velourbeauty.com
Privacy
Notice for California Residents
This Privacy Notice for California Residents (the “Notice”) supplements the information
contained in our Privacy
Policy[RR14] and applies only if you reside in the
State of California (you are a “California
Consumer”).
For purposes of this Notice “Sell,” “Selling,” “Sale,” or
“Sold,” means selling, renting, releasing, disclosing, disseminating, making
available, transferring, or otherwise communicating orally, in writing, or by
electronic or other means, Personal Information to another business or a third
party for monetary or other valuable consideration.
“Share”, “Shared,” or “Sharing” means sharing, renting,
releasing, disclosing, disseminating, making available, transferring, or
otherwise communicating orally, in writing, or by electronic or other means,
Personal Information to a third party for Cross-context Behavioral Advertising,
whether or not for monetary or other valuable consideration.
“Cross-context Behavioral Advertising” means the targeting of
advertising to a consumer based on that consumer’s Personal Information
obtained from activity across businesses or distinctly-branded websites,
applications, or services, other than the business or distinctly-branded
website, application, or service with which the consumer intentionally
interacts. (In other words, if we send you an ad based solely on your interaction with
us or our Services, this is not Cross-context Behavioral Advertising.)
“Sensitive Personal Information” means Personal Information
that is not publicly available and reveals one or more of the following:
·
A consumer’s Social Security, driver’s license,
state identification card, or passport number;
·
A consumer’s account log-in, financial account,
debit card or credit card number in combination with any required security or
access code, password, or credentials allowing access to an account;
·
A consumer’s precise geolocation;
·
A consumer’s racial or ethnic origin, religious
or philosophical beliefs, or union membership;
·
The contents of a consumer’s mail, email, and
text messages unless we are the intended recipient of the communication;
·
A consumer’s genetic or biometric data; or
·
Personal Information collected and analyzed
concerning a consumer’s health, sex life, or sexual orientation.
“Verifiable Request” means that the identifying information
provided by a consumer in connection with a request matches the Personal
Information of the consumer already maintained by us or a third party identity
verification service. Identifying
information you can submit in order to permit Velour Cosmetics to verify your
Verifiable Request may include your first and last name, the email address and
phone number that is associated with your account, and a secure confirmation
code that we provide to you via email[RRW15] [MZ16] .
1.
Information
We Collect
In
the past twelve (12) months, Velour Cosmetics has collected the following
categories of Personal Information from California residents:
·
Identifiers (names, personal or business
addresses, email addresses, and IP addresses).
·
Other information which is not required to use
our Services but that you choose to provide to us through an online form.
In
the past twelve (12) months, Velour Cosmetics has not collected Sensitive
Personal Information from California residents.
Velour
Cosmetics obtains Personal Information from the following types of sources:
·
Directly from you. For example, from forms you
complete or products and services that you purchase.
·
Indirectly from you. For example, from
information automatically sent by your web browser or from analyzing data about
your actions on our website.
2.
Use
of Personal Information
Velour
Cosmetics may use, Share, or disclose the Personal Information we collect for
one or more of the following “Business Purpose(s):”
·
To fulfill or meet the reason you provided the
information;
·
To provide our website, online services;
·
To facilitate Cross-context Behavioral
Advertising;
·
To respond to law enforcement requests and as
required by applicable law, court order, or governmental regulations;
·
To respond to your requests under the California
Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act
of 2020 (collectively, “CCPA");
·
For any other purpose described to you when we
collect your Personal Information; and
·
For any other acceptable purposes as set forth
in the CCPA.
Unless
we notify you otherwise, we will not collect additional categories of Personal
Information, nor use the Personal Information we collect for any other
materially different, unrelated, or incompatible purposes.
3.
Retention
of Personal Information
We
retain each category of your Personal Information for no longer than is
reasonably necessary for one or more Business Purposes, subject to your right
to request we delete your Personal Information. Due to the nature of the
services, it is not possible to predict the length of time that we intend to
retain your Personal Information. Instead, we use the following criteria to
determine whether it remains reasonably necessary to retain your Personal
Information for one or more disclosed Business Purpose(s):
·
Whether not there is a retention period required
by statute or regulations;
·
Pendency of any actual or threatened litigation
for which we are required to preserve the information;
·
Generally accepted best practices in our
industry; and/or
·
Pendency of applicable statutes of limitations
for potential legal claims.
When we determine that it is no longer reasonably necessary
to retain your Personal Information for one or more disclosed Business
Purpose(s) based on the above criteria, we will delete your Personal
Information.
4.
Disclosure
of Personal Information
Within
the last 12 months Velour Cosmetics has disclosed your Personal Information as
described in this Notice.
Velour
Cosmetics may disclose Personal Information to our contracted “service
providers”, “contractors”, and “third parties” (each as defined by the CCPA)
for a Business Purpose. When we disclose
Personal Information for a Business Purpose, we enter into an agreement with
the receiving party that describes the purpose for sharing the Personal
Information, and that requires the receiving party to keep that Personal
Information confidential. In the case of disclosures to our “service
providers,” our “service providers” are obligated not to use the Personal
Information for any purpose other than performing the services according to their
agreement with us. In the case of our
“contractors”, our “contractors’ are obligated not to use the Personal
Information for any purpose unrelated to the business purpose for which we’ve
engaged them.
We
may disclose your Personal Information with the following categories of entities:
(i) “Service Providers;” (ii) “contractors;” and (iii) “third party”
advertisers.
In
the past twelve (12) months, Velour Cosmetics has not Sold any Personal
Information about its California Consumers.
We Share
Personal Information, subject to your right to opt-out of those Sharing. In the
past twelve (12) months, Velour Cosmetics
has Shared the following categories of Personal Information about its
California Consumers:
Category of personal information that is Shared
Business Purpose for which it is Shared
Types of entities to whom it is Shared
Your identifiers (names, personal or
business addresses, email addresses, and IP addresses).
To facilitate Cross-context Behavioral
Advertising
Third party advertisers, Service
Providers and contractors.
Other information which is not required
to use our Services but that you choose to provide to us through an online
form.
To facilitate Cross-context Behavioral
Advertising
Third party advertisers, Service
Providers and contractors.
5.
Your
Rights and Choices
If
you are a California Consumer, you may request information about our
collection, use, disclosure and Sale of your Personal Information over the past
twelve (12) months, whether or not it was collected electronically. If you
submit a Verifiable Request, we will provide you with information regarding:
·
the categories of Personal Information we have
collected about you; the categories of sources from which your Personal
Information was collected; our Business Purpose for collecting, Selling, or
Sharing your Personal Information; the categories of third parties with whom we
disclose that Personal Information; and the specific pieces of Personal
Information we collected about you; and
·
if we Sold, Shared, or disclosed your Personal
Information for a Business Purpose: what categories of Personal Information we
Sold or Shared, and to which categories of recipients we Sold or Shared it; and
what categories of Personal Information we disclosed for a Business Purpose,
and to which categories of recipients we disclosed it to.
You also have the right to request
a copy of your Personal Information, and/or to request that we transmit your
Personal Information to another entity.
To the extent technically feasible, we will comply with your request and
provide and/or transmit your Personal Information in a structured, commonly
used, machine-readable format.
You also have the right to request
that we delete any of your Personal Information that we collect or maintain by
submitting a Verifiable Request. We may deny your deletion request if retaining
your Personal Information is reasonably necessary for us or our “service
providers” or “contractors” to:
·
Complete the transaction for which we collected
your Personal Information, fulfill the terms of a written warranty or product
recall conducted in accordance with federal law, provide goods or services that
you requested, take actions reasonably anticipated by you within the context of
our ongoing business relationship with you, or otherwise perform our contract
with you;
·
Help to ensure security and integrity to the
extent the use of your personal information is reasonably necessary and
proportionate for those purposes;
·
Debug products to identify and repair errors
that impair existing intended functionality;
·
Exercise free speech, ensure the right of
another consumer to exercise that consumer’s right of free speech, or exercise
another right provided for by law;
·
Comply with the California Electronic
Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
·
Engage in public or peer-reviewed scientific,
historical, or statistical research that conforms or adheres to all other
applicable ethics and privacy laws, when the information’s deletion may likely
render impossible or seriously impair the ability to complete such research, if
you previously provided informed consent;
·
Enable solely internal uses that are reasonably
aligned with consumer expectations based on your relationship with us and
compatible with the context in which you provided the information; or
·
Comply with a legal obligation.
You further have the right to request that we correct any of
your Personal Information that is inaccurate by submitting a Verifiable
Request. We will correct any inaccurate Personal Information pursuant to your
request to the extent possible using commercially reasonable efforts. We may
deny your correction request if the Personal Information is accurate. We may also delete your Personal Information
instead of correcting it to the extent such deletion would not negatively
impact you.
You
may submit a Verifiable Request for the information listed above, or exercise
any of your rights enumerated under this Notice, by calling us at 877-835-3010[RR17] or by completing a form on our website,
available here[RR18] . You may also submit a Verifiable Request
on behalf of your minor child.
After
we receive your Verifiable Request, we will provide to you, in writing and free
of charge (unless your request is excessive, repetitive, or manifestly
unfounded), the requested information for the 12-month period preceding your
request (unless you specifically request disclosure beyond such 12-month
period, in which case, we will process your request with respect to Personal
Information we have collected during the time period you specify, provided that
(a) the earliest date that your request may apply to is January 1, 2022, and
(b) processing your request does not require disproportionate effort). You can
choose to have this information delivered to you by postal mail, or electronically.
We will try to respond to your verified request within forty-five (45) days of
receipt, but if we require more time (up to another forty-five (45) days) we
will inform you of the reason and extension period in writing. Please note that
we are not required to comply with your request for information more than twice
in any 12-month period. If applicable, our response will explain the reasons
why we cannot comply with your request.
You have the right to direct us to stop Sharing
your Personal Information to third parties at any time. You may opt-out here[RR19] .
However, if you change your mind, you may opt-in to Personal Information Sharing
at any time by [INSERT OPT-IN INSTRUCTIONS OR
LINK].[RR20]
Consumers who opt-in to Personal Information Sharing may opt-out of future Sharing
at any time.
Velour Cosmetics does not and will not,
without first obtaining your consent, Sell Personal Information.
Should you choose to exercise any of
the rights enumerated under this Notice, we will not:
·
Deny you goods or services;
·
Charge you different prices or rates for goods
or services, including through granting discounts or other benefits, or
imposing penalties;
·
Provide you a different level or quality of
goods or services; or
·
Suggest that you may receive a different price
or rate for goods or services or a different level or quality of goods or
services.
However, please be aware that it may be a functional
necessity for our Services to have Personal Information about you in order to
operate, and we may not be able to provide some or all of our Services to you
if you direct us to delete your Personal Information.
PRIVACY
NOTICE FOR EUROPEAN AND UK RESIDENTS
If you reside in a
country in the European Economic Area, the United Kingdom, or Switzerland (a
“European Resident”) or the United Kingdom (a “UK Resident”), then information
we collect from you may be subject to Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on the free movement
of such data, and repealing Directive 95/46/EC (the “EU GDPR”), Regulation (EU)
2016/679 of the European Parliament and of the Council of 27th April 2016 on
the protection of natural persons with regard to the processing of personal
data and on the free movement of such data (General Data Protection
Regulation), as implemented by the UK Data Protection Act of 2018, and as it
forms part of the law of England and Wales, Scotland and Northern Ireland by
virtue of Section 3 of the European Union (Withdrawal) Act 2018 (the “UK
GDPR”), or the equivalent laws of the United Kingdom and Switzerland
(collectively, “Data Protection Laws”), and the following additional
information is provided for your benefit.
For purposes of this Privacy Notice for European and UK Residents, in
addition to the meaning set forth in the Privacy Policy[RR21] ,
“Personal Information” shall also include “personal data” as that term is
defined by the EU GPDR and UK GDPR, as well as “personal data” or similar
terminology as defined by other applicable Data Protection Laws.
The controller of the
Personal Information collected through the Services is:
Velour Cosmetics ULC
171 E Liberty St., Suite 202
Toronto, ON, M6K 3P6
If you use the
Services, you acknowledge that your Personal Information is being processed
pursuant to the lawful bases described below, and you specifically consent to
your Personal Information gathered through the Services being transferred,
used, and stored in the United States, Canada or other third party countries
which do not have local privacy laws that are equivalent to the Data Protection
Laws. You acknowledge and agree that the
local laws in such countries may be materially different from, and provide for
a lesser degree of protection regarding your Personal Information (including,
but not limited to, with respect to governmental and law enforcement agencies’
ability to access your Personal Information under certain conditions) than,
Data Protection Laws.
1.
Personal Information
If you use the Services, we may collect certain categories of
Personal Information, as described in Section 2 of the Privacy Policy.
2.
Your Rights
You have the following
rights under applicable Data Protection Laws:
- You have the right to know why we
collect your Personal Information, how and why it is processed by us, and
what our legal bases for such processing are. - Right of access: You have the right to
access your Personal Information. - Right to rectification and deletion: you
have the right to supplement or correct the Personal Information we’ve
collected about you, or to direct us to delete your Personal Information. - If you give us your consent to process
your Personal Information, you have the right to revoke that consent. - Right to data portability: you have the
right to request that we transfer all your Personal Information to another
controller in a reasonably understandable format. - Right to object: you may object to our
processing of your Personal Information.
We will make commercially reasonable efforts to comply with your
objection, unless there are legally permissible reasons why we can or must
continue to process your Personal Information.
You have the right to
complain to a Data Protection Authority about our collection and use of your
Personal Information. For more information, if you are in the European Economic
Area (EEA), please contact your local data protection authority in the EEA. For contact details of your local Data
Protection Authority, please see https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
3.
Lawful Bases for Processing
Under applicable Data
Protection Laws, companies must have a legal basis to process data. You have
particular rights available to you depending on which legal basis we use, as
explained in this Privacy Notice for European Union and UK Residents. You
always have the right to request access to, rectification of, and erasure of
your data under applicable Data Protection Laws. To exercise your rights, please email us at info@velourbeauty.com.
Pursuant to a
contract with you:
We may process data as
necessary to perform our contracts with you.
We describe the contractual services for which this data processing is
necessary throughout this Privacy Policy and in our Terms and Conditions of Use[RR22] . The main uses of your data necessary to
provide our contractual services are described in the Use of Your Information
section of the Privacy Policy:
We'll use the Personal
Information we have to provide the Services and as otherwise described in our
Privacy Policy if you choose not to provide certain data, the quality of your
experience using the Services may be negatively impacted.
When we process data you provide to us as necessary to perform our
contracts with you, you have the right to receive a portable copy of it
(meaning to receive a copy of your data in a structured, commonly used and
machine-readable format) under applicable Data Protection Laws. To exercise
your rights, please email us at info@velourbeauty.com.
The other legal bases
we rely on in certain instances when processing your data are:
Your
Consent:
We may process your
Personal Information on the lawful basis of consent. When we process data you provide to us based on your consent, you have
the right to withdraw your consent at any time and to receive a portable copy of
the data you provide to us, under applicable Data Protection Laws. To exercise
your rights, please email us at info@velourbeauty.com.
Legitimate
Interests:
We may process your
Personal Information where our legitimate interests, or the legitimate
interests of a third party, are not outweighed by your interests or fundamental
rights and freedoms.
The legitimate
interests for our processing of Personal Information are to:
·
Assist us in providing, maintaining, and
protecting the Services;
·
Set up, maintain, and protect accounts to use
the Services;
·
Improve our online operations;
·
Process transactions;
·
Provide customer service;
·
Communicate with you, such as provide you with
account- or transaction-related communications, or other newsletters, RSS
feeds, and/or other communications relating to the Services;
·
Send or display offers and other content that is
customized to your interests or preferences;
·
Perform research and analysis aimed at improving
our products and services and developing new products or services;
·
Manage and maintain the systems that provide the
Services;
·
Prevent and address fraud, unauthorized use of
the Services, violations of our terms and policies, or other harmful or illegal
activity; to protect ourselves (including our rights, property or products),
our users or others, including as part of investigations or regulatory
inquiries; or to prevent death or imminent bodily harm; and
· Operate
of our day-to-day business and planning, including executing strategic
corporate transactions, such as mergers.
You have the right to object to, and seek restriction of, such
processing; to exercise your rights, please email us at info@velourbeauty.com.
We will consider
several factors when assessing an objection to our processing in furtherance of
Velour Cosmetics’ legitimate interests, including: (i) our users' reasonable
expectations; (ii) the benefits and risks to you, us, other users, or third
parties; and (iii) other available means to achieve the same purpose that may
be less invasive and do not require disproportional effort. Your objection will
be upheld, and we will cease processing your information, unless the processing
is based on compelling legitimate grounds or is needed for legal reasons.
Compliance with a legal obligation:
- We need to process your Personal Information when applicable law requires it, including, for example, if there is a valid legal request for certain data.
4. Disclosures of Your Information
“Processors” means our Service Providers and their respective service providers.
We may also disclose your Personal Information, (as well as non-Personal Information, without the same restrictions that apply to your Personal Information) to our Processors who we engage to perform certain functions for us, or on our behalf (including, but not limited to, processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics). A list of our Processors and a description of the services that they perform for us follows. We establish data processing agreements that govern our Processors’ use of your Personal Information, but our Processors’ use of your Personal Information may also be subject to the Processors’ own privacy policies. Click here to review the links to our Processors’ privacy policies.
5. Retention of Your Information
We retain each category of your Personal Information for no longer than is reasonably necessary for one or more of the above lawful bases for processing, subject to your right to request we delete your Personal Information. Due to the nature of the services, it is not possible to predict
the length of time that we intend to retain your Personal Information. Instead, we use the following criteria to determine whether it remains reasonably necessary to retain your Personal Information for one or more disclosed lawful bases for processing: we will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
When we determine that it is no longer reasonably necessary to retain your Personal Information for one or more disclosed lawful bases for processing based on the above criteria, we will delete your Personal Information.
6. Questions and Complaints
If you have any questions or complaints regarding our use of your Personal Information, please contact us at info@velourbeauty.com. You also have the right to submit a complaint to your applicable Data Protection Authority