Privacy & Cookie Policy
EFFECTIVE DATE: October 7, 2020 LAST UPDATED: October 7, 2020
Your privacy is very important to us. Our Privacy Policy spells out Topicals' commitment to respecting the privacy of our customers and visitors to our website. We reserve the right to change this policy at any time, which we'll do through online posting or an email message sent directly to you. This Privacy Policy describes how Topicals (“we”, “us” or “our”) collects and uses the personal information we collect about our customers, whether in-store, online, social media or via one of our mobile applications. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
INFORMATION WE COLLECT
We may obtain personal information about you from various sources. We may collect this information when you provide it on our website, at one of our stores, via our social media pages, at one of our events, or when joining or applying for any membership or loyalty program. Our products are available for sale in many stores. This Privacy Policy does not address any data collection by those stores or any of our retail partners. When you visit this site, our social media pages, or use services or features of one of our mobile applications, we may also collect certain information about your device or usage by automated means, including using technologies such as cookies, web server logs and web beacons.
INFORMATION YOU PROVIDE
You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, when you make a purchase on our site or in our stores, via our social media pages or through one of our mobile applications. The types of personal information you may provide to us includes:
Contact information (such as name, postal address, email address, mobile or other phone number, and mobile service provider)
Age and date of birth
Gender
Username and password, nickname/screen name
Payment information (such as your payment card number, expiration date, delivery address and billing address)
Purchase history
Product preferences
Your physical characteristics and skincare concerns
Contact information for friends or other people you would like us to contact
Content you provide (such as photographs, videos, reviews, articles, survey responses and comments)
Information provided to us through social media networks or one of our mobile applications when you visit our social media pages or use one of our mobile applications (such as your name, profile picture, likes, location, friend list and other information described on the social media network or in application sign-up page, or your geo-location details when using one of our mobile applications)
Preferences information such as product wish lists, order history, marketing preferences, and reminder and notification preferences
HOW WE USE THE INFORMATION
We may use the information you provide to:
Send you promotional materials or other communications (such as general communications and specific communications)
Provide services to you
Process your payment card and/or gift card transactions
Create and manage any online account, including access to your online and any in-store purchase history
Assist with product selection and replenishment
Administer any loyalty or membership program
Respond to your inquiries (including requests and inquiries related to any loyalty program or memberships)
Tailor ads displayed to you on our site and elsewhere to your interests and history with us
Communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, surveys and other offers
Operate and communicate with you about our social network pages or mobile applications
Operate, evaluate and improve our business (including developing new products and services; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions)
Comply with applicable legal requirements, relevant industry standards and our policies
We also may use the information in other ways for which we provide specific notice at the time of collection.
INFORMATION WE COLLECT BY AUTOMATED MEANS
When you visit this site, view or click on our online advertisements (including our advertisements on third party websites), or visit our social media page, we also collect certain information about your usage or device by automated means or by using technologies such as cookies, web server logs and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies.
TECHNOLOGIES WE USE
COOKIES, WEB SERVER LOGS AND WEB BEACONS
Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all of the features of our website.
In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.
To control which web servers collect this information, we may place tags on our web pages called “web beacons.” These are computer instructions that link web pages to particular web servers and their cookies.
THIRD PARTY WEB ANALYTICS SERVICES
We may use third party web analytics services on this site, our social network pages, or our mobile applications. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. You may deactivate the ability of these analytics services to analyze your browsing activities on this site.
THIRD PARTY WEBSITES
Our site may contain links to third party websites. When you click on a link to any other website or location, you will leave our site and go to another site, and another entity may collect personal data or anonymous data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your personal information after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
TARGETED ADVERTISING
We also may contract with third-party advertising networks that collect IP addresses and other information through the use of cookies, web server logs and web beacons on our websites and emails; on third-party websites and emails; and on our advertising placed on third-party websites. They use this information to provide advertisements about products and services tailored to your interests (including for companies not affiliated with us). You may see these advertisements on our websites and other websites. This process also helps us manage and track the effectiveness of our marketing efforts. To learn more about advertising networks and to opt out of interest-based advertising, visit the Digital Advertising Alliance at http://www.aboutads.info/consumers/#opt-out or the Network Advertising Initiative at www.networkadvertising.org/choices.
HOW WE USE THE INFORMATION COLLECTED BY AUTOMATED MEANS
We may use the information collected through automated means on this site for market research, data analytics and system administration purposes, such as to determine whether you’ve visited us before or are new to the site, to tailor ads displayed to you on our site and elsewhere and for compliance with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our Terms and Conditions. We also may use the information in other ways for which specific notice is provided at the time of collection.
CALIFORNIA DO NOT TRACK NOTICE
Under California law, website and online service operators are required to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer’s online activities over time and across third-party websites. We currently do not change our tracking practices in response to “do-not-track” signals or other similar mechanisms.
California law also requires website and online service operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. These third parties do not change their tracking practices in response to “do-not-track” signals from your web browser and we do not obligate these parties to honor “do-not-track” signals. To learn more about browser tracking signals and “Do Not Track,” please visit HTTP://ALLABOUTDNT.ORG.
INFORMATION WE SHARE
We do not rent lists, or sell or otherwise disclose personal information we collect about you, except as described here. We may share your personal information with:
Our subsidiaries and affiliated companies for internal reasons, primarily for business and operational purposes.
We may share your personal information with companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail, text messages, and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service.
If you choose to enter into one of our sweepstakes, contests, or other promotions (a “Promotion”) we may disclose your information to third parties or the public in connection with the administration of such Promotion, as required by law, as otherwise permitted by the Promotion’s official rules, or otherwise in accordance with the terms of this Privacy Policy.
Other third parties with your consent (e.g., some Facebook applications may share information collected through those apps with your Facebook friends or other Facebook users).
In the event that another entity acquires us or all or substantially all of our assets, or assets related to the Site or our services, your information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. Finally, information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.
We may also share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.
In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
TEXT MESSAGING
If you so elect, you may provide your mobile phone number to us. By submitting your mobile phone number, you consent to receive text message alerts from us containing product and event information, cosmetics tips or promotions that may be sent using automated dialing systems (“Text Messages”). Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. You may not consent to receive Text Messages on behalf of someone else or provide someone else’s phone number. You agree to enter into, sign and receive your consent to receive Text Messages electronically.
We do not charge a fee for you to receive Text Messages from us, however, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. Message and data rates may apply.
Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. To receive help with Text Messages, you can email hello@mytopicals.com.
You may unsubscribe from receiving our Text Messages any time by texting the word “STOP” in response to any of our texts from your device. You may also choose not to receive Text Messages by emailing us at hello@mytopicals.com and specifying that this is your preference.
We may also obtain the date, time and content of your messages in the course of your use of Text Messages. We will use the information we obtain in connection with our Text Messages in accordance with this Privacy Policy.
YOUR RIGHTS AND CHOICES
We offer you certain choices in connection with the personal information we collect from you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us in the manner specified below.
Email Opt-Out
You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below. You also may opt out of receiving marketing emails from Topicals emailing us at hello@mytopicals.com.
You may opt out of receiving any Topicals loyalty or membership program emails that are not necessary to provide you with loyalty membership services by following the instructions provided in the email. Although you may opt out of loyalty or membership marketing emails, operational emails will still be sent to you. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. In order to stop receiving all Topicals emails, you must terminate the loyalty or membership program.
You may opt out of receiving Topicals emails that are not necessary to provide you with Topicals loyalty or membership services by emailing Topicals membership at hello@mytopicals.com.
Postal Mail Opt-Out
You can ask Topicals to stop sending you marketing communications by postal mail by following the instructions that may be included in a particular promotion. You also can request that we refrain from sending you promotional postal mail by contacting us as indicated below.
Text Message Opt-Out
In general, in order to stop receiving text messages, you can text STOP to the five digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. Please note that this will only opt you out of the specific text messaging program associated with that five digit short code. You will remain opted in to any other Topicals text messaging programs that you may have signed up for. To unsubscribe from the general marketing text messaging program you can text “STOP” to any of our texts from your device.
You may also choose not to receive text messages by emailing us at hello@mytopicals.com and specifying that you no longer want to receive text messages.
Social Networking Application Opt-Out
To remove or delete our social media applications from your social networking account, follow the instructions from the social network.
Geo-Location Information
When you use one of our mobile applications, we may ask you for your geo-location. You may choose not to share your geo-location details by adjusting your mobile device’s location services settings. To decline from sharing your geo-location details, follow the instructions on your mobile device on changing the relevant settings; otherwise, please contact your service provider or device manufacturer.
Withdrawing Consent
You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services.
Reviewing, Updating and Modifying Personal Information
Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. We may take reasonable steps to verify your identity before granting access or making corrections.
You may request to review, change or delete your personal information by sending an email to hello@mytopicals.com.
DATA TRANSFERS
We may transfer the personal information we collect about you to countries other than the country in which the information was originally collected and your personal information may be processed and stored outside of your country of residence. Those countries may not have the same data protection laws as your country of residence and your personal information will be subject to applicable foreign laws. When we transfer your information to other countries, we will protect that information in the manner described in this Privacy Policy.
CHILDREN'S PRIVACY
If you are under thirteen years of age, you may browse our site. However, you may not provide personal information to us and you may not download any of our mobile applications. This site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the site, we will delete the information from our records.
HOW WE PROTECT PERSONAL INFORMATION
We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances, including the security of your data during transmission to us or the security of data on your mobile device.
LINKS TO OTHER WEBSITES
Our website may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.
HIPAA
Topicals is not an entity that is covered by HIPAA. The HIPAA privacy rules apply to health plans, health care clearinghouses, to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”) and their service providers (“business associates”). This means that the information that you provide to us is not protected by the HIPAA privacy rules and regulations.
UPDATES TO OUR PRIVACY POLICY
This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Policy when it was most recently updated.
HOW TO CONTACT US
If you have any questions or comments about this Privacy Policy, or if you would like us to update information, we have about you or your preferences, please contact us by email at hello@mytopicals.com.
If we need, or are required, to contact you concerning any event that involves your personal information we may do so by telephone or email.
If you have inquiries regarding our privacy practices, or if you would like to receive a copy of the Privacy Policy or address concerns regarding the handling of personal information, please contact us at:
Topicals
202 Bicknell Ave Santa Monica, CA 90405
hello@mytopicals.com
mytopicals.com