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 informationcollected or provided in connection with an end user’s (“you” or“your” or “User”) use of Pomp’s service, whether accessible throughPomp’s website athttps://www.pompbeauty.com,messaging services, email communications, or related offerings andservices (collectively, the “Platform”). Please note that your useof the Platform constitutes your acceptance of this Policy as setforth below.

1. PERSONAL INFORMATION WE COLLECT.

The personal information we collect 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, andyour 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 ourproducts, services, and events.

  • Other information that we may collect which is notspecifically listed here, but which we will use in accordance withthis Policy or as otherwise disclosed at the time of collection.

To the extent you decline to share certain personal information withus, we may not be able to provide some or all of the features andfunctionalities found on the Platform. Unless we specificallyrequest it, we ask that you not provide us with any sensitivepersonal information (e.g., information related to racial or ethnicorigin, 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 serviceproviders, and our business partners may automatically loginformation about you, your computer or mobile device and youractivity over time on our Platform and other sites and onlineservices, such as:

  • Device information, such as your computer or mobile device operating system type andversion number, manufacturer and model, browser type, screenresolution, IP address, the website you visited before browsingour site, and general location information such as city, state orgeographic area.

  • Online activity information, such as pages or screens you viewed, how long you spent on a pageor screen, navigation paths between pages or screens, informationabout your activity on a page or screen, access times, andduration 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 touniquely identify the visitor’s browser or to store information orsettings in the browser for the purpose of helping you navigatebetween pages efficiently, remembering your preferences, enablingfunctionality, 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 asotherwise 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 mediacompanies to display ads on our Platform and other sites andservices. These companies may use cookies and similar technologiesto collect information about you (including the device data andonline activity data described above) over time across our Platformand other sites and services or your interaction with our emails,and use that information to serve ads that they think will interestyou. You can learn more about your choices for limitinginterest-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 applicablelaws, lawful requests, and legal process, such as to respond tosubpoenas or requests from government authorities; (ii) protect our,your or others’ rights, privacy, safety or property (including bymaking and defending legal claims); (iii) audit our internalprocesses for compliance with legal and contractual requirements andinternal policies; (iv) enforce the terms and conditions that governthe Platform; and (v) prevent, identify, investigate and deterfraudulent, 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 asotherwise 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 inmaking the Platform available, to help us operate our business, andto provide certain services and functionalities on our behalf, suchas order fulfillment, shipping, payment processing, customersupport, hosting, analytics, email delivery marketing, databasemanagement 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 informationwith any estheticians assigned to you or who may assist you withproduct recommendations.

c. Advertising Partners. We may provide advertisers and other third parties with informationabout our user base and its interests and usage patterns, and thirdparty advertising companies may collect information about youractivity on the Platform and other online services to help usadvertise our products and services, and/or use hashed customerlists that we share with them to deliver ads to them and similarusers on their platforms.

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

e. Business Arrangements. We may disclose personal information to third-party partners infurtherance of our business arrangements with them, includingwithout limitation to jointly offer a product or service to you orcreate interoperability between our products and services and theproducts 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 potentialtransaction) involving Pomp, some or all of the information wepossess, including personal information, may be transferred, sold ordisclosed 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, searchwarrant or subpoena) requires us to do so or in other circumstanceswhere we believe it is necessary to protect the rights or propertyof Pomp, our users and/or third parties.

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

i. Other Users and the Public. Our Platform may include features that by their nature supportsharing certain information with other users of your choice. Forexample, you may be able review a product that you purchased, and wewill display your name or username along with the content yousubmit. Any information that you submit to such a public area of ourPlatform, including for example a social media page or user commentspage, will not be treated as confidential and will be publiclydisclosed. We do not control how other users or third parties useany personal information that you make available to them. Please beaware 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,auditor, insurers, and other professional advisors, where necessaryin 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 makeany material changes to our practices under this Policy, we willnotify you by posting those changes to this Policy and changing theEffective Date at the top of the page. In some cases, we may alsoprovide notification of changes in another way that we believe isreasonably likely to reach you, such as via e-mail or another mannerthrough the Platform. Any modifications to this Policy will beeffective upon our posting the modified version (or as otherwiseindicated at the time of posting). In all cases, we will treat yourcontinued use of the Platform following any such changes as youracceptance of the changes.

5. THIRD PARTY LINKS AND SERVICES.

The Platform may contain offers from third parties or links tothird-party websites. These offers or links are not an endorsementof, or representation that we are affiliated with, any third party.In addition, our content may be included on web pages or onlineservices that are not associated with us. We do not control thirdparty websites or online services, and we are not responsible fortheir actions. This Policy does not apply to information that youmay provide to or that may be collected by such third parties. Weencourage you to request such third parties to provide you withtheir applicable privacy policies and other terms and conditionsbefore 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-outor unsubscribe instructions located at the bottom of the email. Youmay continue to receive service-related and other non-marketingemails. If you receive marketing text messages from us, you may optout 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 thewebsites you visit. To do this, follow the instructions in yourbrowser’s settings. Many browsers accept cookies by default untilyou change your settings. If you do not accept cookies, however, youmay not be able to use all functionality of the Platform and it maynot work properly. For more information about cookies, including howto see what cookies have been set on your browser and how to manageand delete them, visit www.allaboutcookies.org.

For example, we use Google Analytics to help us understand useractivity and patterns on our website. You can learn more aboutGoogle Analytics cookies by clickinghereand about how Google protects your data by clickinghere.You can prevent the use of Google Analytics relating to your use ofour website by downloading and installing a browser plugin availablehere.

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

Some of the third party advertising companies we work with offertheir own opt-out options that you can use to limit their use ofyour 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 theirown opt-out mechanisms or do not participate in the opt-outmechanisms described above. Even after using these opt-outmechanisms, you may receive interest-based advertising from othercompanies.

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 notrespond 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 thesecurity of personal information we collect. However, no securitymeasures are 100% effective and we cannot guarantee the security ofyour personal information. We expressly disclaim any representationor warranty, whether express or implied, with respect to ensuring,guaranteeing or otherwise offering any definitive promise ofsecurity in connection with your personal information or usageinformation.

8. CHILDREN.

We do not knowingly collect information from children under 13 andthe Platform is not directed at children under 18. If you are aparent and believe your child under the age of 13 has used thePlatform and provided personal information to us through thePlatform, please contact us at the phone number and address providedin Section 11 of this Policy and we will work to delete any suchpersonal 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 Statesor other countries where Pomp or our service providers havefacilities. By using the Platform, you consent to the transfer ofpersonal information outside of your country, even if your countryhas 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 torequest certain information regarding our disclosure of personalinformation to third parties for their direct marketing purposes, ifany. To make such a request, please contact us via email atprivacy@pompbeauty.com or write to us using the contact informationlisted below. You must include the words “Shine the Light” in yoursubject line or correspondence and provide us with information wemay need or request to be able to identify you and respond to yourrequest.

11. CONTACT US.

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

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