Terms of Use | bangberrycosmetics

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEBSITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

This privacy policy (this “Privacy Policy”) applies to your (“you” or “the individual”) use of the www.bangberrybeauty.com website (the “Website”), which is owned and operated by Bangberry Beauty (“BANGBERRY BEAUTY”, “us”, “our” or “we”). Your privacy and security are important to us. Please read this Privacy Policy carefully to understand how we will use and protect the personal information you provide us. We will not share your personal information with anyone except as described in this Privacy Policy. We do reserve the right to make changes to this Privacy Policy from time to time, so please check back periodically.

1. WHAT INFORMATION WE COLLECT FROM YOU.

1.1 Personal Information vs. Non Personal Information. Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using the Website. In order to do so, the Website collects two types of information about you, Personal Information and Non Personal Information. “Personal Information” refers to information that lets us know the specifics as to who you are and which can be used to identify, contact or locate you. We may also collect and use Personal Information to verify your identity when you are making purchases via the Website. Examples of Personal Information include your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number. Generally, we collect Personal Information when you use the Website to make product purchases, fill out surveys, correspond with us, choose to submit testimonials, stories, photos or the like to the Website, or otherwise volunteer information about yourself. “Non Personal Information” refers to information that does not by itself identify you or a specific individual. Examples of Non Personal Information we may collect include demographic information, which web pages of ours are most often visited and which of our products are either receiving the most purchases or website visits. We may collect Non Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies discussed further below. You have the ability to use our website through mobile devices, such as cell phones. The presentation of our mobile optimized website is governed by its own cookies. For more information regarding cookies, please visit our cookie policy. All parts of the privacy policy apply to mobile access and use of mobile devices on our website.

1.2 Access and Change to Personal Information. Upon written request, BANGBERRY BEAUTY will use reasonable efforts to allow users to update or correct Personal Information previously submitted but only to the extent such activities will not compromise privacy or security interests. Also, upon a user’s written request, BANGBERRY BEAUTY will functionally delete the user and his or her Personal Information from the database where such information is stored; however, it may be impossible to delete a user’s entry without some residual information being retained because of the nature in which backups of data are maintained.

By using our website and enabling cookies, you are allowing us to collect data on you. Under the GDPR, consumers are afforded particular rights in relation to their personal rights. In accordance with these rights, we have applied further transparency to ensure users are able to take advantage of these benefits. The individual rights afforded under the GDPR are as follows:
1. Right to be informed:
  1. You, the individual retain the right to be informed of the collection and use of their personal data.
2. Right of access:
  1. You, the individual retain the right to access their personal data. This request must be made verbally or in writing.
3. Right to rectification:
  1. You, the individual retain the right to have their data rectified should it be inaccurate, or completed if it is incomplete.
4. Right to erasure:
  1. You, the individual retain the right to have their personal data erased. This request must be made verbally or in writing, and is only applicable in certain circumstances.
5. Right to restrict processing:
  1. You, the individual retain the right to request that their personal data is restricted or suppressed.
6. Right to data portability:
  1. You, the individual retain the right to obtain and reuse their data for their own purposes through different services.
7. Right to object:
  1. You, the individual retain the right to object to the processing of their personal data. This is only applicable in certain circumstances.
8. Rights related to automated decision making including profiling:
  1. You, the individual retains the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

1.3 Information You Provide To Us. You will have the opportunity to provide us with Personal Information and Non Personal Information which we will collect directly from you as follows:

(a) For visitors via email hyperlink. For visitors who provide photographs, stories, testimonials or other feedback about our products or our Website, or provide us any other information via correspondence or otherwise (“Content”) directly via an email hyperlink on the Website, we collect your first and last name, email address and any Content included in the email. By submitting Content, you agree that BANGBERRY BEAUTY may use your Personal Information and such Content as permitted under this Privacy Policy, including reproducing the Content on the Website and in BANGBERRY BEAUTY’s marketing and advertising materials.

(b) For customers purchasing products. If you make purchases at our online store, we will collect and maintain your name, email address, mailing address, telephone number, purchased product information, payment data supported by our website such as debit or credit card number, order tracking number, referring URL, IP address and a password. If you purchase a gift certificate at our online store, we will also collect the name, email address, mailing address, and telephone number of the recipient. Before confirming your order, you will have the opportunity to review the order form and make changes and additions to the information it contains and these changes will automatically be kept for future use. If you cancel an order or do not complete an order, we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order.

1.4 Information Collected Through Technology. We or our third party service providers may collect information from visitors to the Website regarding the referring URL, your IP address, which browser you used to come to the Website, information regarding your domain server, the country, state and telephone area code where your server is located, your type of computer, timestamp data and the pages of the Website that you viewed during your visit. Some of this information is gathered through the following technologies:

(a) Cookies. In order to improve your user experience we may use cookies. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of the Website. Our cookies do not generally contain any personally identifying information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Website unavailable to you.

(b) IP Address. You can visit many areas of the Website anonymously without the need to become a registered user. Even in such cases, we may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. Each time you access the Website and each time you request one of our pages, our server logs your IP address. Standing alone, your IP address is not necessarily personally identifiable.

(c) Web Beacons. BANGBERRY BEAUTY may use a variety of other technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. We may use these technical methods in HTML e-mails that we send our users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.

2. USE AND DISCLOSURE OF PERSONAL INFORMATION.

2.1 Use of Personal Information and Non Personal Information. We use Personal Information and Non Personal Information in order to fill your orders, to communicate with you about your orders or other requests and to send you informational and promotional materials, including about upcoming BANGBERRY BEAUTY promotions and events. In addition, we may use Personal Information and Non Personal Information to learn more about our community and/or customers so we can improve our products, promotions and events, process payments, identify fraud, and enforce our privacy policy and terms and conditions of use. Specific examples of how we may use your information that we collect are as follows:

(a) System Administration. We use your IP Address and other information discussed above in Section 1.4 for the purposes of system administration, to assist in diagnosing problems with our server, to monitor our system performance and the level of activity on the Website in general and about specific portions of our Website and how the traffic on our Website is apportioned and from where it may come, and to gather broad demographic information about our Website visitors and customers, so we can make it easier and more convenient for you to navigate and use the Website, and make our Website more useful and better targeted for you and our community in general.

(b) Personalization. We use Cookies and IP Addresses to provide features such as personalization. We may also use cookies to assist us in delivering content specific to your interests, such as informing you of certain third party offerings.

(c) Notices to Recipients Regarding Orders or other Requests. If you have made a purchase via the Website, we may use your Personal Information to send one or more emails regarding your order, including regarding customer service issues. We may also telephone you regarding fulfillment of your order.

(d) Newsletters & Promotional Emails; Opt-Out Option: We may offer free electronic newsletters and promotional emails regarding upcoming products, promotions, events and/or services offered on the Website. We may use your Personal Information to send you newsletters and emails periodically listing current products, promotions, events and/or services, or other items available for purchase on our Website or from our marketing partners or sponsors. However, you have the choice to opt-out of receiving such newsletters and promotional emails for products and/or services offered on the Website by sending an email to us at the contact email currently listed on our website and/or following the instructions in our promotional email. Once we have processed your opt-out request, we will not send you promotional emails with respect to products and/or services offered by us through the Website unless you opt back in to receiving such communications directly.

(e) Reproduction of Content. If you submit Content to BANGBERRY BEAUTY, you agree that BANGBERRY BEAUTY may use your Personal Information and such Content as permitted under this Privacy Policy, including reproducing the Content on the Website and in BANGBERRY BEAUTY’s marketing and advertising materials.

(f) Contact Information: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with the Website, we may collect this information in a file specific to you. In addition, if you provide us feedback through the Website, by email or by calling us, we may ask for your name and email address in order to send you a reply. You may contact us via email to request the removal of this information from our database, subject to section 1.2.

2.2 Disclosure of Personal Information.

(a) General Rule. BANGBERRY BEAUTY may disclose your Personal Information to its related parties. Such related parties may use your Personal Information only to the extent permitted to be used by BANGBERRY BEAUTY pursuant to this Privacy Policy.

(b) Service Providers. We may disclose your Personal Information to our third party service providers, including companies we retain to manage or host the Website, companies we retain to fulfill product purchases or to provide services to you on our behalf, and companies we retain as consultants to conduct research on our behalf. These third parties may not use your Personal Information other than to provide the services requested by us. For example, we will release your credit card number to confirm payment and release your name and mailing address information to the mail or delivery service to deliver and track products that you ordered. With respect to Non Personal Information, we also share website usage information we gather from visitors to the Website who have received a targeted promotional campaign with our third-party advertising service partners for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners may note some of the pages you visit on the Website through the use of web beacons. In addition, we may provide aggregated statistics about our customers, sales, traffic patterns, and related Website information to third parties. We reserve the right to use or disclose Non Personal Information in any manner.

(c) Links to Other Websites. Our Website may contain links to third party web sites to which we have no affiliation. BANGBERRY BEAUTY does not share your Personal Information with those web sites and is not responsible for their privacy practices. BANGBERRY BEAUTY suggests you read the privacy policies on those third party web sites.

(d) Enforcement of Law and/or Terms of Use. From time to time, we may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our products or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. Moreover, we may use or release account information and Personal Information when we believe that such release is reasonably necessary to enforce or apply our Terms of Use or to protect the rights, property and safety of our users, others and ourselves.

(e) Change in Control. We may transfer your Personal Information to a successor in interest to BANGBERRY BEAUTY if BANGBERRY BEAUTY is acquired by or merged with another organization. In such event, BANGBERRY BEAUTY will use reasonable efforts to notify you (either by posting notice on the Website or by email to you at the last known email address) before information about you is transferred and becomes subject to a different privacy policy, provided however, in the event BANGBERRY BEAUTY fails to notify you, your Personal Information will still be transferred but subject to this Privacy Policy.

3. OPTING-OUT.

We may from time to time send you email or other communications regarding current promotions, specials and new additions to the Website. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed. You may “opt out” or unsubscribe from our newsletters and non-transactional related emails and disclosures to third parties for promotional purposes by following the unsubscribe instructions in any email you receive from us or by sending an email to our contact email currently listed on our website. Being removed from our email list does not mean that you will automatically be removed from our regular mailing list. If you would like to be removed from our mailing list completely, you will need to contact our office.

4. SAFEGUARDING YOUR PERSONAL INFORMATION.

4.1 Our Security Measures. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means. Although BANGBERRY BEAUTY uses reasonable efforts to safeguard the security of your Personal Information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by SSL technology and are vulnerable to interception during transmission. You hereby acknowledge that BANGBERRY BEAUTY is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner. BANGBERRY BEAUTY will promptly notify those persons whose information has been compromised should there be a security breach.

4.2 Protecting Yourself. You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online. The Website contains links to third parties who may collect information directly from you. Each of the websites linked from the Website have separate privacy policies and data collection practices, independent of BANGBERRY BEAUTY, and BANGBERRY BEAUTY has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites nor does BANGBERRY BEAUTY make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. You can learn more about Internet privacy from government websites such as www.ftc.gov/privacy/ . In addition, it is important to keep us updated with your most current contact information. You may ask us in writing via mail or email to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

5. GENERAL

Contact us to have the information on your account deleted, updated or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

5.1 Changes To Our Policy. This Privacy Policy is effective with respect to any Personal Information collected on or after the effective date set forth below. BANGBERRY BEAUTY reserves the right to modify or supplement this Privacy Policy at any time. If we make any changes, we will update the Website and Privacy Policy to include such change and notice thereof. Should substantial changes be required by law, we will give you notice via the email you last provided to obtain your consent. Your continued use of the Website once the revised Privacy Policy has been posted on the Website affirms your agreement to such changes.

5.2 Children, Parental Consent Policy. The Children’s Online Privacy Protection Act imposes certain requirements on websites directed toward children under 13 that collect information on those children, or on websites that know they are collecting Personal Information from children under the age of 13. We want to let you know that it currently is our policy not to collect Personal Information from any person under 13 because children are not permitted to use the Website or services on the Website, and we request that children under the age of 13 not submit any Personal Information to us via the Website. As one measure to ensure that we do not gather Personal Information from children, we require that all individuals provide a valid credit card number before completing a purchase order. If we learn that we have inadvertently gathered Personal Information from children under 13, we will attempt to notify such child’s parent or guardian and erase such information from our records, unless the child’s parent or guardian consents to our maintaining such information.

5.3 Contact Us. If you have any questions about this Privacy Policy, the practices of our Website, or your dealings with our Website, please contact us by phone or email currently listed on our website.

6. CALIFORNIA PRIVACY RIGHTS
California law permits residents of California to request notice of how their information is shared with third parties for direct marketing purposes or to opt out of such sharing. If you are a California resident and would like a copy of this notice or to opt out, please email us.

Additionally, if you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of personal data.

Categories of Personal Data Collected:

Contact information and personal identifiers
Device identifiers
Demographic information
Payment information
Identity verification information
Internet or other electronic network activity information
Geolocation data

Business or Commercial Purpose for Collecting and Using Data: We collect each category of personal data listed above for the business or commercial purposes described in the “Use of Personal Information and Non Personal Information” section above.

Categories of Third Parties With Whom We Share Personal Data: We may share each category of personal data listed above with the third parties as described in the “Disclosure of Personal Information” section above.

6.1 Your Consumer Rights: You have the right to request the following details about the personal information we have collected about you during the past 12 months:

the categories and specific pieces of personal information we have collected about you;
the categories of sources from which we collected personal information about you;
the categories of personal information we disclosed about you for a business purpose;
the categories of personal information we disclosed about you and the categories of third parties to whom it was disclosed;
the business or commercial purpose for collecting or disclosing your personal information.

In addition, you have the right to request that we delete the personal information we have collected from you (subject to certain exceptions).

You can exercise your rights by contacting us by email or phone. We will take reasonable steps to verify your identity when processing your requests. It may take us up to 45 days to process your California Privacy Rights Request.

We will not discriminate against you on account of your exercise of your California privacy rights.

7. Mobile Terms of Service

The Bangberry Beauty mobile message service (the "Service") is operated by Bangberry Beauty (“Bangberry Beauty”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Bangberry Beauty’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bangberry Beauty through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bangberry Beauty. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18443118085 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bangberry Beauty mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18443118085 or email contact@bangberrycosmetics.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.