Privacy Policy

Last Updated:

September 21, 2021

This Privacy Policy (“Policy”) describes how Pomp Beauty, Inc.(“Company” or “Pomp” or “we” or “our” or “us”) treats information collected or provided in connection with an end user’s (“you” or“your” or “User”) use of Pomp’s service, whether accessible throughPomp’s website at https://www.pompbeauty.com,messaging services, email communications, or related offerings and services (collectively, the “Platform”). Please note that your use of the Platform constitutes your acceptance of this Policy as set forth below.

1. PERSONAL INFORMATION WE COLLECT.

The personal information we collect on client, esthetician, and guest accounts may include the following:

a.Personal Information You Provide. Personal information you may provide through the Platform or otherwise includes:

  • Contact information, such as your first and last name, email address, and phone number.

  • Payment information, such as your payment card number, billing address, and other payment

  • Account information, such as the username and password that you use to register for an account, your profile information, photograph, order history, and your preferences. Estheticians may also provide professional information, such as specialty area and experience.

  • Survey information, such as your skin concerns, age range, and details about your location.

  • Communications, such as information you provide when you contact us or our estheticians with questions, feedback (including product reviews), survey responses, or otherwise correspond with us.

  • Marketing preferences, such as your preferences for receiving communications about our products, services, and events.

  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Policy or as otherwise disclosed at the time of collection.

To the extent you decline to share certain personal information with us, we may not be able to provide some or all of the features and functionalities found on the Platform. Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or tradeunion membership) on or through the Platform, or otherwise to us.

b. Automatically Collected Information. We, our service providers, and our business partners may automatically login information about you, your computer or mobile device and youractivity over time on our Platform and other sites and online services, such as:

  • Device information, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, the website you visited before browsing our site, and general location information such as city, state or geographical area.

  • Online activity information, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

Like many online services, the Platform may use cookies and similar technologies to facilitate our automatic data collection, such as:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigatebetween pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.

  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.

We use certain third party services to assist us in analysis, auditing, research, and reporting regarding the Platform. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, we use Google Analytics to help collect and analyze certain information for the purposes discussed in this Policy. For more information about Google’s privacy practices relating to Google Analytics, please visit www.google.com/policies/privacy/partners/.

c. Social Networking Information. You may share information from the Platform through a social networking site such as Facebook(“Social Services”). Integrations we may have with “Social Services”allows us to offer a more personalized experience to you when you use the Website. If you share information on “Social Services”, theSocial Service may provide us with access to certain information that you have provided to that Social Service (such as your profile picture, interests, and connections), and we will use, store and disclose such information in accordance with this Policy. Please remember that the manner in which “Social Services” use, store and disclose your information is governed by the terms and conditions and privacy policies of each Social Service, and not Pomp.

d. Referrals. Users may have the opportunity to refer friends or other contacts to us. When submitting a referral, please do not provide us with any personal information of a third party unless you have permission to provide it to us so that we may contact them.

2. USE OF PERSONAL INFORMATION.

We may use the personal information we collect as follows and as otherwise described in this Policy or at the time of collection:

a. Provision of Services. We may use personal information for the purposes for which you provided the information including, for example, to generate cosmetic products recommendations for you, to create and maintain an account for you, or to respond to a question that you e-mail to us. We also use the collected information as necessary to provide the features and functionality of the Platform and our services to you and as reasonably necessary for our business operations.

b. Research and Development. We may use your personal information for research and development purposes, including to analyze and improve the Platform, our services, and our business. We may create aggregated, de-identified or other anonymous data records from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including for the purposes described above and to promote our business.

c. Direct Marketing. We may use your personal information to send you Pomp-related marketing communications as permitted by law.You have the ability to opt-out of our marketing and promotional communications as described in the section titled “YOUR CHOICES”below.

d. Interest-Based Advertising. We contract with third-party advertising companies and social media companies to display ads on our Platform and other sites and services. These companies may use cookies and similar technologies to collect information about you (including the device data and online activity data described above) over time across our platform and other sites and services or your interaction with our emails,and use that information to serve ads that they think will interest you. You can learn more about your choices for limiting interest-based advertising, in the “YOUR CHOICES” section below.

e. Compliance, Fraud Prevention and Safety. We may use your personal information for purposes of compliance,fraud prevention, and safety, such as to: (i) comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; (ii) protect our,your or others’ rights, privacy, safety or property (including by making and defending legal claims); (iii) audit our internal processes for compliance with legal and contractual requirements and internal policies; (iv) enforce the terms and conditions that govern the Platform; and (v) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

3. SHARING OF PERSONAL INFORMATION.

We may share personal information with the following parties and as otherwise described in this Policy or at the time of collection:

a. Third-Party Service Providers.We use contractors and third-party service providers to assist us in making the Platform available, to help us operate our business, and provide certain services and functionalities on our behalf, such as order fulfillment, shipping, payment processing, customer, hosting, analytics, email delivery marketing, database management services, returns processing and risk and fraudmitigation. Such third-party contractors or service providers mayobtain access to the information you provide, including personalinformation.

b. Estheticians. We will share your personal information with any estheticians assigned to you or who may assist you with product recommendations.

c. Advertising Partners. We may provide advertisers and other third parties with information about our user base and its interests and usage patterns, and thirdparty advertising companies may collect information about your activity on the Platform and other online services to help us advertise our products and services, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.

d. Aggregated Data. We may report aggregated, anonymous data relating to activity on the services to third parties or the general public. By way of exampleonly, this may include the provision or publication of reports regarding the geographical distribution of our user base.

e. Business Arrangements. We may disclose personal information to third-party partners in furtherance of our business arrangements with them, including without limitation to jointly offer a product or service to you or create interoperability between our products and services and the products and services of such partners.

f. Sharing or Transfer as Corporate Assets. In the event of a merger, sale of capital stock or assets, reorganization, consolidation, insolvency, bankruptcy, receivership, financing, dissolution, or other transaction (or potential transaction) involving Pomp, some or all of the information we possess, including personal information, may be transferred, sold or disclosed during negotiations, in connection with the transaction, or as a corporate asset to the acquiring entity.

g. Legal Requirement. We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so or in other circumstances where we believe it is necessary to protect the rights or property of Pomp, our users and/or third parties.

h. Affiliates. We may disclose this information to our affiliates for use as described in this Policy.

i. Other Users and the Public. Our Platform may include features that by their nature support sharing certain information with other users of your choice. Forexample, you may be able review a product that you purchased, and we will display your name or username along with the content you submit. Any information that you submit to such a public area of our platform, including for example a social media page or user comments page, will not be treated as confidential and will be publicly disclosed. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines)before you have a chance to edit or remove it.

j. Professional Advisors. We may share your personal information with lawyers, bankers, auditors, insurers, and other professional advisors, where necessary in the course of the professional services that they render to us.

4. CHANGES TO THIS POLICY.

We reserve the right to modify this Policy at any time. When we make any material changes to our practices under this Policy, we will notify you by posting those changes to this Policy and changing the effective Date at the top of the page. In some cases, we may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail or another manner through the Platform. Any modifications to this Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, we will treat your continued use of the Platform following any such changes as your acceptance of the changes.

5. THIRD PARTY LINKS AND SERVICES.

The Platform may contain offers from third parties or links to third-party websites. These offers or links are not an endorsement of, or representation that we are affiliated with, any third party.In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. This Policy does not apply to information that youmay provide to or that may be collected by such third parties. We encourage you to request such third parties to provide you with their applicable privacy policies and other terms and conditions before engaging with or making a purchase from such third parties.

6. YOUR CHOICES.

a. Opt-Out of Marketing Communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of the email. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt-out of receiving further marketing text messages from us by replyingSTOP to our marketing message or by emailing us atprivacy@pompbeauty.com.

b. Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

For example, we use Google Analytics to help us understand user activity and patterns on our website. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here.You can prevent the use of Google Analytics relating to your use of our website by downloading and installing a browser plugin available here.

c. Advertising Choices. Some of our advertising partners are members of the Network Advertising Initiative (NAI) and are subject to the Self-RegulatoryPrinciples for Online Behavioral Advertising published by the Digital Advertising Alliance (DAA). You can obtain more information about these companies’ information collection practices, and opt-out of receiving interest-based advertising from participating NAI and DAA members athttp://www.networkadvertising.org/managing/opt_out.asp and/or theDAA’s website at optout.aboutads.info. You can also limit collection of your information for interest-based ads by blocking third party cookies in your browser settings or using privacy plug-ins or adblocking software that help you block third party cookies. In addition, your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for targeted online advertising purposes. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

Some of the third party advertising companies we work with offer their own opt-out options that you can use to limit their use of your information for interest-based advertising, including as Google(infoandopt-out) and Facebook (infoandopt-out). Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above. Even after using these opt-out mechanisms, you may receive interest-based advertising from other companies.

d. Do Not Track. Some internet browsers may be configured to send “Do Not Track”signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about“Do Not Track,” please visit http://www.allaboutdnt.com.

7. SECURITY.

We will maintain reasonable safeguards designed to protect the security of personal information we collect. However, no security measures are 100% effective and we cannot guarantee the security of your personal information. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your personal information or usage information.

8. CHILDREN.

We do not knowingly collect information from children under 13 and the Platform is not directed at children under 18. If you are a parent and believe your child under the age of 13 has used thePlatform and provided personal information to us through the Platform, please contact us at the phone number and address provided in Section 11 of this Policy and we will work to delete any such personal information.

9. TRANSFER TO THE U.S. OR OTHER COUNTRIES.

We are headquartered in and use facilities in the United States.Your information will be stored and processed in the United States or other countries where Pomp or our service providers have facilities. By using the Platform, you consent to the transfer of personal information outside of your country, even if your country has more rigorous data protection standards.

10. YOUR CALIFORNIA PRIVACY RIGHTS.

California’s “Shine the Light” law (Civil Code Section § 1798.83)permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, if any. To make such a request, please contact us via email atprivacy@pompbeauty.com or write to us using the contact information listed below. You must include the words “Shine the Light” in your subject line or correspondence and provide us with information we may need or request to be able to identify you and respond to your request.

11. CONTACT US.

Please direct any questions or comments about this Policy or our privacy practices to privacy@pompbeauty.com. You may also write to us via postal mail at:

Pomp Beauty, Inc.
Attn: Privacy Agent
PO Box 100802
Denver, CO 80250