PRIVACY POLICY

ITEM Beauty Privacy Policy

This privacy policy was last updated on June 11, 2021.

This Privacy Policy spells out our commitment to protect your trust. It explains our privacy practices for ITEMBeauty.com (the "Site") and services provided by Item Beauty, LLC ("ITEM Beauty," "we," or "us").

We believe in full disclosure when it comes to our privacy practices. This Privacy Policy explains what information we collect from you, how we collect it, how we use it and how we protect it. We want you to feel safe in our community, so we use industry-standard safeguards and procedures. We also let you control how much personal information you share and how certain information is used.

By visiting our Site, you accept the terms of this Privacy Policy. You're not authorized to use this Site unless you agree with this Privacy Policy.

This Privacy Policy applies only to our Site, services and events. We're not responsible for the practices employed by any third-party sites including ones to which we link or that link to us. Those sites will have rules and practices of their own.

If you have any questions or concerns about this Privacy Policy or our privacy practices, please email us at legal@itembeauty.com.


    A. INFORMATION WE COLLECT OR RECEIVE FROM YOU

    We collect information from you on this Site to provide a meaningful, safe, efficient, and customized experience. We use this information to:

    • make it easier for you to use this Site,
    • providing you with our services, such as allowing you to create an account and order products on this Site,
    • communicate with you about your orders, technical support, billing and payment, 
    • verify your identity when you make a purchase on our Site,
    • help you more quickly find information on ITEM Beauty's products and services,
    • provide targeted online marketing for the Site,
    • create content on this Site that's more relevant to you, 
    • address any administrative or legal issues pertaining to us, such as complying with legal obligations and defending against legal claims or disputes, and
    • alert you to new products, services and special offers that might specifically interest you.
    1. Information You Provide.
      1. When You Create an Account. When you create an account you must choose a username and password. Your username may be visible to other visitors to the Site, so please choose carefully. You also must provide a valid email address. We use your email to communicate with you about our Site and your registration.
      2. When You Order from Us. If you order products from the Site, your name, shipping address, and email address will be shared with our third-party service providers for billing purposes, to fulfill your orders, and to communicate with you about your orders.
        We collect your credit card information through our Site using the Shopify platform. Shopify is PCI DSS Level 1 compliance, which is highest level of compliance available for credit card processing. No credit card information is retained in ITEM Beauty's own systems. Your credit card information is not exposed anywhere in our own systems or to our employees. Please do not send your credit card information to our team directly, for example by sending this information to a customer care representative. Please only use our secure, online system to enter your credit card information. 
      3. When You Request Information from Us. If you want us to notify you regarding particular products or special offers, or if you sign up for our emails, you'll need to give us your email address. We use it to honor your requests, whether that's emailing you information about certain products or emailing you to tell you about special offers. You may choose to opt out of receiving these type of marketing messages at any time.
      4. When You Post Product Reviews. We use this content to share your experience about our products with other customers.
        Public information you post on the Site. Information you post publicly on our Site is intended for public consumption. Please be aware that your username and profile image will be publicly displayed whenever you post a comment or review. In addition, postings you make on our Site may appear when Internet users execute searches on the subject of your posting. If you do not want this information to be displayed, you may terminate your account at any time. Please note that if you are a minor, living in California, you should not be using the Site without permission from your parent or guardian, however, if you have posted information publicly that you cannot remove yourself, you have the right to request it be hidden from public view. If you wish to have this information removed, please email us at help@itembeauty.com and request removal. We may request additional information from you in order to complete your request.

        Site visitors may be able to identify you or associate you with your ITEM Beauty account if you include personal information in your account profile or in any content you post. We cannot control who reads your postings or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

        You can reduce the risk of being personally identified by choosing a username and profile image that do not identify you and by taking care to exclude any personal information in your comments, reviews, looks, or videos. You can change your username and profile picture at any time by logging into your account.

        Public information you post on other sites. We also may collect information you post publicly on third-party sites, but only if you choose to follow instructions we provide. For example, we may collect pictures you post publicly on Instagram and re-post them on our Site, but only if you choose to use the hash tag "#ITEMBEAUTY" inside your Instagram post. You can always have us remove the information from our Site by emailing us at help@itembeauty.com. 
      5. When You Connect to Us with a Third-Party Service. You can connect to your ITEM Beauty account using external third-party services. The Site collects personal information about you from your social media accounts, but only if you opt-in and permit us to do so. When you connect to us through a third-party service like Facebook, Twitter, YouTube, and Instagram, we receive information from that third party identifying your account. We collect and store this information and use it to help you connect to our Site and to share your public content. Connecting your ITEM Beauty account to a third-party service is completely optional, and you will have the opportunity to grant permission when you attempt to connect. You can revoke permission by logging into the third-party service and disconnecting the ITEM Beauty application from there, and through the native applications on your smart phone. We may retain the information we collected previously from you.
    1. Information We Automatically Collect or Receive.
      1. Log Files. Our site is hosted by Shopify and Shopify collects limited information on behalf of ITEM Beauty. To learn more about the information Shopify collects, please view their Privacy Policy. Like most sites, ITEM Beauty automatically receives and stores in log files certain information from your browser when you visit the Site. This information includes your Internet protocol ("IP") address, browser type, Internet service provider, the referring/exit pages, your operating system, and the date/time stamp of your Site visit. Log files do not identify individual Site visitors. We use this information to analyze and understand how the Site works for you so we can improve it, to administer the Site, and to gather demographic information about Site visitors for targeted online marketing purposes. We may, however, link this automatically collected information to your personal information.
      2. Information from other sources. We may receive information about our users from third party social platforms, such as Facebook or Instagram. When you access or use our site or mobile application through such a site, you allow us to access or collect information made available by the third-party site in accordance with its privacy policy. This information may be available from your profile or account with the third-party site or from cookies placed on your device by the third-party site. Depending on your privacy settings this information may include: Facebook interests, gender, friends and location.
      3. Information collected automatically. We automatically collect information from your browser or device when you visit the Site. This information includes your IP address, device ID, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring site address. This information also includes your operating system or application, your location, and your activities voluntarily have submitted to us (for example, your email address). 
    1. Other Information We Receive About You.
      1. As you might expect, we usually collect or receive information through our Site. But we also may collect information offline, and it's important to us that we preserve the privacy of your personal information both online and off. For example, if you contact us to place an order, we ask for the shipping address needed to place that order. We try to treat offline information collection, uses, and disclosures consistently with our online privacy practices.

    B. WHAT WE DO WITH YOUR INFORMATION

    Information we collect from you may be either personal or aggregate. Personal information is identifiable to you, like your name, email address, shipping and billing addresses, credit card information, and phone number. If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), “personal information” means any information relating to an identified or identifiable individual. Aggregate information is summary data of the behaviors and interests of groups or categories, so it won't identify you.

    1. Aggregate Information. We use aggregate information for the purposes of internal business research, sales and business development. We may share aggregated information about our visitor and user base with third parties such as our advertising partners. This information may include the number of daily visitors to our Site and the number of orders placed on a certain date. We do not link aggregated data with our customers' personal information.
    2. Personal Information. Except for ITEM Beauty parent and affiliated companies, we do not sell, rent, trade, license, or otherwise disclose your personal information to third parties, except in these limited circumstances:  
    3. Disclosures to ITEM Beauty Agents, Consultants and Related Third Parties. Like most Internet retailers, we use third parties to help ensure our business runs smoothly. We disclose your information to these third-party companies so they can perform their specific functions for us. For example, we may provide your name, shipping address, email and phone number to third-party shippers like the U.S. Postal Service, the United Parcel Service and Global-e (if you reside outside of the U.S.) to deliver our products to you. Your credit card information is processed through Shopify to help us process your orders from us.  ITEM Beauty's third-party vendors may recognize a tracking code used by your browser or application to enable you to receive customized content, or to enable you to use other technologies such as tags and scripts. The tracking code may reflect de-identified demographic or other data linked to you. When we employ other companies to perform functions of this nature, we only disclose the information that they need to perform their requested function. We do not authorize them to retain, share, store, or use personal information provided by us for any other purpose.
    4. Disclosures Required by Law or Otherwise. We may disclose your personal information if we believe, in good faith, that it's necessary to: (1) comply with a legal obligation such as in response to a court order or subpoena; (2) protect the safety of other customers or the public; (3) protect against legal liability; or (4) protect and defend ITEM Beauty's rights or property.
    5. Disclosures for a Business Transaction or Insolvency. We also may disclose your personal information in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of ITEM Beauty's business or assets. For example, if we merge with another company, we may disclose your personal information to that company, but the disclosure would be subject to our Privacy Policy.
    6. Disclosures through Social Media. Remember that you control the privacy settings on each of your social media platforms. We allow you to share information from the Site to social media. In order for this to happen you first must opt-in. You can revoke permission to do this by logging into the social media service and disconnecting the ITEM Beauty application from there.
    7. Third-Party Marketing. We may share information about you with our marketing partners or Affiliated companies to deliver offers of products and services that may be of interest to you. Marketing partners are third-party companies that we employ from time to time to assist us with our marketing and advertising efforts. Affiliated companies are companies that are related to Item Beauty such as the Madeby Collective brands or our parent company. 

    C. HOW WE USE COOKIES AND SIMILAR TECHNOLOGIES 

    Cookies are small pieces of data that may be stored in and retrieved from your web browser while you browse a website. Our Site use cookies and similar storage technologies (collectively “cookies”) to collect information about your browsing activities and to distinguish you from other users of our Site. This aids your experience when you browse our Site and allows us to understand and improve the functionality of our Site.

    We use the following cookies:

    • Strictly necessary cookies. Some cookies are strictly necessary to make our Site available to you; for example, to perform your login functionality and for user authentication and security. We cannot provide you with the Site without this type of cookies.
    • Functional cookies. These are used to recognize you when you return to our Site. This enables us to personalize our content for you, greet you by your name and remember your account preferences.
    • Marketing cookies. These are used to provide customized advertisements, content and information to you on our Site and other websites. We use third party marketing cookie providers, including Google Ads and Facebook, to help us tailor your advertisements.
    • Analytical or performance cookies. We also use cookies for analytics purposes in order to operate, maintain and improve our Site. We use third party analytics providers, including Google Analytics and Optimizely. Google Analytics uses first-party cookies to track user interactions which helps show how users use our Site. This information is used to compile reports and to help us improve our Site. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our Site by going to https://tools.google.com/dlpage/gaoptout or via Google’s Ads settings.

    D. MANAGING THE INFORMATION YOU SHARE WITH US


        1. Log Into Your Account. You can change the personal information you provide to us by logging into your ITEM Beauty account and making the appropriate changes.
        2. Contact Us. If you are unable to remove content you have posted publicly, you can request that we take down public posts on the Site by contacting us at help@itembeauty.com. We will remove your public posts from view, but we may retain personal information about you solely for the purposes authorized under this Privacy Policy. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Site or to comply with legal obligations. If you do not want your profile information displayed, you may terminate your account.
        3. Opt-Out. You can always "opt-out" of receiving marketing or promotion communications. At your request, we will stop sending you certain emails or even deactivate your account to prevent any future purchases through it. You can submit these requests at any time by clicking on the “Unsubscribe” link in the last email you received from us or by contacting help@itembeauty.com. 
    1. Block Cookies and Targeted Advertising. You can prevent ITEM Beauty and its third-party partners from setting and accessing cookies on your computer by setting your Internet browser to block cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our services. You can change your browser settings to block or notify you when you receive a cookie, delete cookies or browse our services using your browser’s anonymous usage setting. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings. If you do not agree to our use of cookies or similar technologies which store information on your device, you should change your browser settings accordingly. You should understand that some features of our services may not function properly if you do not accept cookies or these technologies. Where required by applicable law, you will be asked to consent to certain cookies and similar technologies before we use or install them on your computer or other device. 
      1. Deleting Your Account. You can cancel or delete your account anytime by logging into your account and following the steps to delete your account. Please note that by deleting your account, we will no longer have any information about you, including your order history or any contact you may have had with our customer care team.  If You need help with deleting your ITEM Beauty account, contact help@itembeauty.com.

      E. PROTECTING YOUR PERSONAL INFORMATION

      At ITEM Beauty, we take data security seriously. We use industry standard technical, physical and administrative safeguards to secure our customers’ data. We restrict access to your personal information to only those ITEM Beauty employees who need it to perform a specific job function. And we require all ITEM Beauty employees with access to your personal information to follow specific security protocols concerning its proper handling. We also hold our vendors who need access to your personal information to strict confidentiality and security requirements. Third-party service providers assist us with the physical security of some of our computer hardware. 

      But please remember, while we use industry-standard security measures to safeguard your personal information, we can't guarantee absolute security. We wish we could, but 100% security just doesn't exist anywhere online or off. We recommend that you do your part by keeping your passwords secure, changing them often and not using the same password across multiple accounts.


      F. CHILDREN'S PRIVACY

      We respect children's privacy. This Site is not intended for persons under the age of 13 (see ITEM Beauty's Terms of Use). If you're under 18 years old, you must have your parent/guardian’s permission to have an account and we ask that you not submit any personal information to us or post on our Site without the consent and supervision of a responsible parent or legal guardian.


      G. NOTICE TO CALIFORNIA RESIDENTS –YOUR PRIVACY RIGHTS

      We share personal information with others outside of ITEM Beauty, such as third-party shipping companies, so that they may fulfill orders for product you may purchase from the Site. Please see What We Do With Your Information.

    2. Shine the Light Law
    3. Under California Civil Code Section 1798.83 (also known as the “Shine the Light” law), ITEM Beauty customers who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties. To make such a request, please contact help@itembeauty.com. You may also request this information by mail at: ITEM Beauty, LLC, Attn: Privacy Policy, P.O. Box 110, San Mateo, CA 94401.

    4. California Consumer Privacy Act
    5. (i) California Consumers’ Rights and Choices

      If you are a California resident, California law permits you to request Information regarding the:

      • Categories of Personal Information (as defined by applicable California law) collected, sold or disclosed by us;
      • Purposes for which categories of Personal Information collected by us are used;
      • Sources of information from which we collect Personal Information; and Specific pieces of Personal Information we have collected about you
      • In addition, if you are a California resident you may:
      • Opt-out of the sale or disclosure of your Personal Information, in some circumstances;
      • Opt-out of receiving marketing communications from us; however, you may still receive administrative or transactional communications regarding the Services;
      • Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your Personal Information; and
      • Request deletion of your Personal Information by us and our service providers, in some circumstances.

      Collection and Disclosure of Personal Information from California Residents

      The table below outlines how we handle personal information from California residents.

       Personal Information collected

      How we collect personal information

      Please see Information We Collect or Receive From You.

      Categories of personal information we’ve collected in the past 12 months

      Identifiers, Personal Characteristics, Internet/Electronic Activity

      Categories of personal information we sell

      We do not sell personal information to third parties.

      Categories of personal information we otherwise share with third-party service providers as described in Section B and with parent company and its affiliated companies

      Identifiers 

      Requests

      You may also make those requests by calling (855) 660-9966.

      Please be aware that we do not accept or process requests through other means (e.g., via fax, social media, email addresses, etc.).

      We will review the information provided and may request additional information to ensure we are interacting with the correct individual. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request.


      H. NOTICE FOR EUROPEAN ECONOMIC AREA AND UNITED KINGDOM 

      If you are in the EEA or the UK, then unless otherwise indicated, ITEM Beauty, LLC is the entity responsible, or “data controller” for the processing of personal information in this Privacy Policy. 

    6. Our use of European Personal Information
    7. If you are in the EEA or UK, we only process your personal information when we have a valid legal basis.

      • Consent. We may use your personal information when you have given your consent to do so. For example, to send you marketing communications (unless you are an existing customer and we send you marketing for products similar to those you earlier purchased).
      • Contractual necessity. We may use your personal information to perform our end of our contracts with you. For example, to ship a product to you which you have ordered from the Site.
      • Legal obligation. We may use your personal information when we are legally required to. For example, to comply with tax and accounting obligations, or to comply with a court order.
      • Legitimate interest. We may use your personal information when we, or a third party, have a legitimate interest in doing so. For example, we have a legitimate interest in understanding usage and improving the Site. We only rely on our or a third party’s legitimate interest to process personal information when these interests are not overridden by your rights and interests.
    8. Cross-Border Data Transfers
    9. The Site is hosted in the United States. If you use the Site from the EEA or UK, then please note that you are transferring your personal information outside of the EEA or UK to the United States for storage and processing.

    10. Your European Privacy Rights
    11. If you are in the EEA or UK, you have the following additional rights:

      • You may request access to and receive information about the personal information we maintain about you, update and correct inaccuracies in your personal information, restrict or object to the processing of your personal information, have the information anonymized or deleted, as appropriate, and exercise your right to data portability to easily transfer your personal information to another company. In addition, you also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an alleged incident took place.
      • You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time, and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.

      Before meeting your request, we may ask you to provide reasonable information to verify your identity. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

      You may exercise these rights by completing this form


      I. DATA RETENTION

      ITEM Beauty will retain your information for the length of time necessary to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or allowed by law, such as for litigation purposes or to fulfill other legal or regulatory obligations. If you no longer want ITEM Beauty to use your information to provide you services, you may delete your account. 


      J. UPDATES TO THIS PRIVACY POLICY

      We will post any changes and updates to this Privacy Policy on this Site so you can always be aware of what information we collect, use and disclose. We encourage you to review this Privacy Policy periodically, so you'll know if it has been changed or updated.