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Privacy Policy

 

Last updated: January 14, 2020

This Privacy Policy (“Privacy Policy”) describes the types of information collected by Cellu|Claire, a California corporation (“CC” or “us” or “we”), from (i) interactions with customers at trade shows and special events; (ii) use of its websites (such as, but not limited to, www.celluclaire.com (the “Site”)); (iii) accessing any of its social media platforms such as Instagram, Pinterest, Twitter, Facebook (together with the Site, the “Platforms”); and (iv) any communications with Cellu|Claire through or relating to the Platforms, whether exchanged via live interactions, email, text, private message or otherwise.  The individual using one or more of the Platforms to communicate with us or to buy any of our products (“Cellu|Claire Products”) is referred to in this Privacy Policy as “you” or “your”.

This Privacy Policy also contains our practices for collecting, using, maintaining, protecting, and disclosing that information. We respect your privacy and we are committed to protecting it through our compliance with this Privacy Policy.

ATTENTION:  PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE INTERACTING WITH CELLU|CLAIRE THROUGH THE PLATFORMS OR SUBMITTING ANY INFORMATION TO CELLU|CLAIRE. BY INTERACTING WITH CELLU|CLAIRE, YOU INDICATE THAT YOU ACCEPT THIS PRIVACY POLICY AND OUR <TERMS OF USE>.  WHENEVER YOU SUBMIT INFORMATION TO US, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.   IF YOU DO NOT ACCEPT THIS PRIVACY POLICY AND THE <TERMS OF USE>, DO NOT SUBMIT INFORMATION TO US OR USE OUR PLATFORMS.

THE PLATFORMS ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST INVOLVE YOUR PARENT OR GUARDIAN BEFORE ACCESSING OUR PLATFORMS.

 

TERMS OF USE

The TERMS OF USE governing your use of our Platforms is incorporated herein by this reference and all capitalized terms used in this Privacy Policy but not otherwise defined herein have the meanings given to them in the Terms of Use.

 

REVISIONS TO THIS PRIVACY POLICY

You agree that Cellu|Claire may change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you.  All revisions will be posted to the Site.  We urge you to review this Privacy Policy frequently for changes.  Your continued use of any of our Platforms means that you accept, without limitation or qualification, the current version of the Privacy Policy.

 

INFORMATION WE COLLECT

Personally Identifiable Information

We collect and store information that you may provide from time to time voluntarily when using the Site (whether by creating an account, making a purchase or otherwise) that can identify you as a specific individual, including your name, physical address, email, telephone number and Payment Information (as defined below) (“Personal Information”).  Cellu|Claire only collects Personal Information that is voluntarily provided by visitors to the Site.  We may use Personal Information as provided in the paragraph of this Privacy Policy entitled “Use and Disclosure of Your Personal Information”.  We may also combine the Personal Information you provide with other generally or publicly available information to help us identify visitors’ preferences or interests. 

Non-Personally Identifiable Information

When you visit any page on the Site, we use a program that monitors and evaluates the Site’s traffic.  It automatically records every visitor's host, domain name, pages visited, length of user session, browser type and/or (Internet Protocol) IP address.  An IP address is a number assigned to your computer by your Internet service provider so that you can access the internet and is generally considered to be non-personally identifiable information because in most cases it changes each time you connect to the Internet.  IP addresses may be used to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to the Site, and administer and improve the Site.  Although the IP address and related information collected is stored in the server log files, no individual is authorized to access those files for any purpose other than system maintenance.  We may also use this information to help improve our Site and our products and services by better understanding our audience.  In addition, we may collect non-personally identifiable information in aggregate form to track data, such as the total number of visitors to each page of our Site, and the domain names of our visitors’ internet service providers.  We may disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe the Cellu|Claire Products to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

 

HOW WE COLLECT INFORMATION

We collect information about you as follows:  (i) when you provide it to us, directly or indirectly, through the Platforms; and (ii) automatically as you navigate the Platforms [using cookies, web beacons and other tracking technologies] as further described below. We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.

Information You Provide to Us.  You provide information to us when you use the Platforms and when you communicate with us.  Examples include:

  • Information that you provide to us when you create an account on the Platforms.
  • Details of your purchases of CELLU|CLAIRE Products through any of our Platforms.
  • Correspondence exchanged with us when you contact us, whether by email, live interaction or text (including your email address), including, without limitation, when you make a claim.
  • Responses to surveys that we might ask you to complete for research purposes.
  • Search queries on the Platforms.

 

Automatic Data Collection Technologies.  As you navigate through and interact with our Platforms, we may use automatic data collection technologies, such as cookies (“ADC Technologies”), to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Platforms, including traffic data, location data, logs, and other communication data and the resources that you access on or through the Platforms.
  • Information about your computer and Internet connection, including your IP address, operating system, and browser type.

We also may use ADC Technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See HOW TO OPT-OUT for information on how you can opt-out of behavioral tracking.

Information we collect through ADC Technologies may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us improve our Platforms and deliver a better and more personalized experience, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Platforms according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to use our Platforms.
  • Advertise CELLU|CLAIRE Products and the Platforms; however, we will seek your consent before we use your photograph publicly for this purpose.
  • Display, update and maintain the content of the Platforms.
  • For purposes that are expressly permitted under any agreement with you.
  • Tailor your experience of the Platforms and our communications to you.
  • For our internal administrative, marketing and planning requirements.
  • Send information about future events, regular email communications or newsletters (both electronic and hardcopy) outlining news, services or events.

 

If we collect information from you as part of any competition or promotion, we use the information that we collect in profiling your fitness, displaying the results of competitions and promoting CELLU|CLAIRE Products.

We may also need to disclose your Personal Information to certain third parties with whom we have a direct or indirect business or contract relationship for the same purposes described above. 

When you request CELLU|CLAIRE Products, we will provide your Personal Information to third parties with whom we arrange for those CELLU|CLAIRE Products to be provided.  We may also disclose information to third parties that provide administrative or processing services for us, for example, mailing, and/or payment processing.

We may also disclose Personal Information collected on the Platforms, in accordance with applicable law, to assert or defend our rights and property, to prevent fraud and other prohibited or illegal activities, to collect a debt, or in response to legal processes such as subpoenas.  We may also provide (or reserve the right to provide) Personal Information to credit reporting agencies and to cooperate with law enforcement authorities and other governmental authorities consistent with applicable laws.

 

USE AND DISCLOSURE OF NON-PERSONALLY IDENTIFIABLE INFORMATION

Because non-personal information does not personally identify you, we may use or disclose such information for any purpose.  In some instances, we may combine non-personal information with Personal Information (such as embedding e-mail addresses in cookies).  If we do combine any non-personal information with Personal Information, the combined information will be treated by us as Personal Information in accordance with this Privacy Policy.

 

USE AND SECURITY OF PAYMENT INFORMATION

When you order CELLU|CLAIRE Products on the Platforms we may request your banking information, including the number assigned by the card issuer that identifies your account or other cardholder Personal Information (collectively, “Payment Information”).  To the extent you make an online credit card purchase or bank ACH transfer to CELLU|CLAIRE, CELLU|CLAIRE  will initiate a secure payment process including acquisition of your Payment Information, and pass that information through CELLU|CLAIRE ’s third-party transaction processing service providers.  After the initial purchase, your Payment Information (including but not limited to your card or account number, expiration date, name and address) will be stored in a secure “vault” system and used if you should decide to make another purchase later. 

When you make a purchase, we may need to provide Personal Information, including information such as your shipping address, billing information, telephone number, and Payment Information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction.  CELLU|CLAIRE uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your Payment Information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your Payment Information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

 

THIRD PARTY LINKS

Our Platforms may provide links and otherwise allow you to access entities’ websites, products and services that are not controlled or operated by CELLU|CLAIRE. You also may provide information for transmission to these third party websites and/or third party users of our Platforms.  All such transmissions are AT YOUR OWN RISK.  This Privacy Policy does not apply to your interaction with such third parties, and CELLU|CLAIRE  is not responsible for the content of third party websites or the privacy practices of third parties (including, without limitation, third parties’ use of cookies, pixel tags and other technologies).  Although we implement security measures and other controls, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Platforms with whom you may choose to share your information. 

Therefore, we encourage you to request and review the privacy policies of any third parties prior to disclosing your information to such parties or upon visiting such third party websites.  We do not control third parties' collection or use of your information to serve interest-based advertising. It is your sole responsibility to verify your privacy and shared information settings with all third party services, and maintain those settings as they are updated.  We cannot modify or otherwise control or exclude the information, Personal Information, or other metadata supplied to us by third parties as a result of your use of their services.

 

USE AND DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not constitute Personal Information, for any purpose and without restriction.  If we combine any non-personal information with Personal Information, the combined information will be treated by us as Personal Information in accordance with this Privacy Policy.

Upon collection of your Personal Information, we may use and provide such Personal Information to our employees, contractors and agents for the following purposes:

  • To provide you with access to the Platforms you are requesting.
  • To improve upon or troubleshoot any problems with the Platforms.
  • To notify you about updates, modifications and enhancements to the Platforms or new CELLU|CLAIRE Products.
  • To facilitate communication between you and us in order to respond to your questions and comments, or to contact you for user feedback.
  • To generate aggregate statistical studies and conduct research related to CELLU|CLAIRE Products and the use of our Platforms.
  • For any other purpose we may disclose to you from time to time where you provide your consent.

We may also disclose your Personal Information to third parties as follows:

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of CELLU|CLAIRE ’s business, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by CELLU|CLAIRE about users of our Platforms is among the assets transferred. While we will endeavor to require the successor company to maintain this Privacy Policy, we cannot guarantee that our Privacy Policy will remain in effect.
  • As required to comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Useand other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CELLU|CLAIRE, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

TARGETED ADVERTISING

Some web browsers offer a "Do Not Track" ("DNT") signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we're currently unable to honor DNT signals, we can assure you that we do not collect Personal Information when you visit the Platforms unless you provide such information to us. We also work with third parties that use tracking technologies on our Platforms in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our Platforms and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit www.youradchoices.com (U.S.), www.youradchoices.ca (Canada) or the Network Advertising Initiative at www.networkadvertising.org.

 

TESTIMONIALS

We publish customer testimonials on our Platforms, such as on our social media profiles (e.g., Facebook, Pinterest, Twitter and Instagram), on our YouTube channel and within advertising creative material.  These testimonials may contain Personal Information.  We obtain your written consent at the time the testimonial is recorded.  If you want your testimonial removed please contact us at support@celluclaire.com. 

 

PUBLIC AREAS OF THE PLATFORMS

We may provide areas of the Platforms where you can publicly post information about yourself and can communicate with others, such as the community forum or blog, and submit information, messages, suggestions, questions, comments, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “Your Content”).  By engaging in such conduct, you acknowledge your understanding that any such information or Your Content you supply may be accessible by other users and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others throughout the world.  For example, if you post your email address on the community forum, you may receive unsolicited messages from other users.  We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any Personal Information.  All posts you make to the Platforms shall be considered Your Content, as defined in the Terms of Use, and be subject to terms pertaining to Your Content as stated therein.

 

CORRRECTING YOUR INFORMATION

You can review and change your Personal Information by logging into one of our Platforms and visiting your account profile page, if applicable. 

You may also send us an email at support@celluclaire.com to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete any information you provided to or through the Platforms, copies of your information may remain viewable in cached and archived pages or might have been copied or stored by other users.  Archived information may be restored or "unarchived" by us for any purpose for use at a later date, even after you stop using the Platforms.

 

DATA SECURITY

We have implemented measures designed to help secure your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls, however, we cannot guarantee that your Personal Information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate Applicable Law).   

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platforms, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. It is your responsibility to protect the integrity of your accounts and passwords. To protect against unauthorized access to your account, be sure to log out each time you finish using the Platforms. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through our Platforms. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Platforms.

 

HOW TO OPT-OUT

When you email us or register with us, you will have the ability to opt-out of receiving certain communications from CELLU|CLAIRE, including voicemail or e-mail.  If you do not opt-out, but later decide that you would prefer not to receive e-mail communications from CELLU|CLAIRE, please contact us at support@celluclaire.com. In addition, if you have an account with CELLU|CLAIRE, you can opt-out by changing your CELLU|CLAIRE  account preferences.  Remember, however, that we may still send e-mail or call you in order to provide materials that you request.

CHILDREN UNDER 13

The Platforms are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on or though the Platforms. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use the Platforms or provide any information to us, register on the Platforms, use any of the interactive or public comment features or provide any information about yourself to us, including, without limitation, your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us a support@celluclaire.com to request that this information be deleted.

Anyone under 18 years old should seek his or her parent’s or guardian’s permission prior to using or disclosing any Personal Information on or through the Platforms.  By using the Platforms, you hereby represent that you are at least 13 years old.  

  

CHANGES TO THE PRIVACY POLICY

We reserve the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time, without prior notice to you.  All revisions will be posted to the Site.  We urge you to check the Site frequently for any changes to this Privacy Policy.  Your continued use of any Platform means that you accept the current version of the Privacy Policy.  The date the Privacy Policy was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, in case we desire to e-mail you about material changes to our Privacy Policy.

  

SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1798.83, also known as Senate Bill 27, or “Shine the Light” you are entitled to request and receive, free of charge, a copy of CELLU|CLAIRE ’s California Information Sharing Disclosure Notice for the previous calendar year. You may email us at support@celluclaire.com to request a copy.  We will provide the requested information to you at your email address in response.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. We are also aware of new pending regulations applicable to California residents, The California Consumer Privacy Act of 2018 (“CCPA”), and are in the process of creating an Addendum to this Privacy Policy to fulfill the requirements of CCPA. When available, the Addendum will be posted to the Site (see CHANGES TO THE PRIVACY POLICY above).

 

USERS OUTSIDE THE U.S.

The Platforms are hosted in the U.S. and governed by U.S. law. If you are using any Platform from outside the U.S., please be aware that your information may be transferred to and/or stored and processed in the U.S. where our servers are located. The data protection and other laws of the U.S. may differ from those in your country. By using any Platform, you consent to the handling of your information by our facilities and those of third party facilities in accordance with U.S. law.

GOVERNING LAW; DISPUTES

You agree that any claim, action or proceeding arising out of this Privacy Policy, or your use of the Platforms, shall be governed by and construed in accordance with the laws of the U.S. and the State of California, without regard to principles of conflict of laws.  Any claim, action or proceeding related to this Privacy Policy will be resolved in accordance with the dispute resolution provisions in the Terms of Use.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us by email to support@celluclaire.com.