Last Revised: October 13, 2020
2. Amendments and Updates
WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS POLICY AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THIS POLICY EACH TIME YOU USE ANY OF THE WEBSITES AND OUR SERVICES. Your continued use of the Websites and Services immediately after such changes are posted on the Websites constitutes your acceptance of such changes.
3. How We Collect Your Information
“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, email address, IP address, telephone number, and broader categories of information such as your professional, educational or health information, commercial information and internet activity. In the course of our business and providing our Services to you, we may collect your Personal Information in the following circumstances:
- Directly from you: From time to time we may collect your information (such as when you purchase or order a product, subscribe to a service, register to receive newsletter, or to participate in contests, sweepstakes or promotions, etc.), directly from you, when you provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.
Whether or not you provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our Websites or from our Services. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
- Email and Promotions: When you choose to sign-up to receive information, including emails and promotions from Pierre Fabre, enroll in our loyalty program or register for any other marketing campaign, Pierre Fabre may require that you supply your name, email address and other Personal Information so that we may send future communications as you have requested.
- Registration for Pierre Fabre Products: When you choose to register to receive Pierre Fabre products or Services or sign up for various events, whether free or paid, and whether they are offered by us or provided in association with our third-party partners, you may be asked to supply your full name, email address, contact information, and other Personal Information. In some instances, Pierre Fabre also collects credit card information to bill you for products.
Pierre Fabre does not have access to your full credit card number and does not store such information in its own systems. For recurring orders or accounts set up for auto-replenishment, the credit or debit card information you provide in connection with your account is not stored by Pierre Fabre, instead, it is stored and used by our third-party credit card processor to process payments that you owe to Pierre Fabre. By submitting your credit or debit card information to us, you expressly consent to the sharing of such information with our third-party payment processor and acknowledge that such third party may store your credit and/or debit card information for these purposes. Information transmitted to the third-party credit card processor is encrypted using SSL software. The third-party credit card processor is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies. Pierre Fabre is not responsible for the third-party credit card processor’s failure to comply with such laws, rules and/or regulations.
- Sweepstakes, Contests and Promotions: We may offer sweepstakes, contests, and other promotions (a “Promotion”) that may require registration. You will be asked to provide certain Personal Information in order to participate in any such Promotion(s), and any information you provide may be used and disclosed as set forth in this Policy, as well as in connection with the administration of such Promotion and as required by law or permitted by the specific Promotion’s official rules.
- From Third Parties: Pierre Fabre may collect information about you that Pierre Fabre receives from other sources, such as social networking sites. For more information about how we interact with you and your social networking sites, please see Section 6 below (“Social Networking Services”).
a. Cookies and Other Technologies
Pierre Fabre may use a variety of technologies (collectively, “Tracking Technologies”), to gather personal and non-personal information (which is any information that does not reveal your specific identity), whether automatically or passively, whenever you visit or interact with the Services. Some of the Tracking Technologies we use include: Cookies and Clear GIFs.
When you use our Websites and our Services, we may collect the following types of information through our tracking technologies:
- IP Address Tracking and Clickstream Data. Our servers automatically collect data about your server’s internet address when you visit our Website. This information, known as an “Internet Protocol” address, or “IP Address”, is a number that is automatically assigned to your computer by your internet service provider whenever you are on the internet. When you view pages from our Website, our servers may record or “log” your IP Address, as well as your domain name. Our server also may record the page that linked you to us and related information including any ads you may have clicked on. Such information is known as “Clickstream Data”.
- Email Interconnectivity and Third Parties: If you receive an email from us, we may use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. We also work with third parties to provide certain functionalities on the Services and to improve the effectiveness of the Services and its content. These third-party companies also may use Tracking Technologies to independently collect and store information about you and your usage of the Services and may combine this information with information they collect from other sources. We do not control Tracking Technologies used by these third parties, and their use may be governed by the privacy policies of the third parties employing the Tracking Technologies. To learn how to turn off certain Tracking Technologies, see Section 13 below (“Opting-Out, Corrections and Cancellations”).
- Device Information: Pierre Fabre may collect certain, non-personal information about the Device you use to access Pierre Fabre’s services, including but not limited to IP Addresses for your Devices, unique device identifiers, browser types, browser language and other transactional information that does not personally identify you.
- User History: Pierre Fabre may log certain usage information about your use of the Services, which may include a history of the Website pages you view.
- Geolocation Data: We may collect additional information from you if you access the Services through a mobile device, for example your unique device identifier, device’s operating system, mobile carrier, or location if you opt in for us to do so. However, the degree to which your location can be identified depends on the Device you are using and how you are connected to the internet (e.g. via cable broadband connection, WiFi, etc.). If you enable location services for the Services, we may collect regional location data periodically as you use or leave open the Services. We also may collect your location information from your IP Address or zip code. We also may use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access the Services (e.g., Apple™ iOS, Google™ Android, Windows, etc.) you may be able to control from within the settings on your wireless device whether location data is collected. For California residents, all location settings will comply with the applicable laws and Attorney General Guidance, Privacy on the Go (January 2013)4.
4. How We Use Your Information
Pierre Fabre uses the information that it collects from you and about you for the purposes set forth below. Pierre Fabre may use and disclose non-personal information for any purpose, except where Pierre Fabre is required to do otherwise under applicable law. If Pierre Fabre is required to treat non-personal information as Personal Information under applicable law, then Pierre Fabre may use and disclose it for all the purposes for which Pierre Fabre uses and discloses your Personal Information. Pierre Fabre shares customer information with third parties to perform services on its behalf, and by using the Websites and Services, you consent to our use of these services to target advertising. Pierre Fabre may use the information collected from one portion of the Services on other portions of the Services; and Pierre Fabre may combine information gathered from multiple portions of the Services into a single record. Pierre Fabre also may use or combine information that Pierre Fabre collects offline or from third-party sources with your information collected from the Services. Additionally, data collected from a particular browser or Device may be used with another computer or Device that is associated with the browser or Device on which such data was collected, or transferred to a third party which may be able to track your activity across Devices. Pierre Fabre may use this information to:
- Enable Usage: Pierre Fabre uses the information it gathers about you to enable your use of Pierre Fabre’s products and services, including but not limited to accessing the Services, receiving emails and promotions, purchasing products, participating in forums and receiving requested products and services.
- Data Enhancement and Updates: Pierre Fabre may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other information.
- Customizing Your Experience of Our Services: Pierre Fabre uses the information that it collects and acquires to customize your user experience when using the Services, including delivering content to you that we think would be most relevant and of interest to you and providing you with an enhanced experience based on the type of Device you are using.
- To submit an opt-out request: https://rakutenmarketing.com/legal-notices/subject-requests/
- Push Notifications: The Services may include a function that allows us to use push notifications to send you updates, communications, and other messages about the Services. To opt out of getting these push notifications or other messages, you must then turn off the push notification function within your device settings. While we will not send you marketing information, we may still alert you if there is a problem with your account or transaction.
- E-Mail Promotions: If you have registered to receive emails and promotions, you shall receive emails and promotions. If you choose to no longer receive such emails or promotions, you may unsubscribe12. Pierre Fabre may also periodically send you email messages about products and services that Pierre Fabre or its partners think may be of interest to you. You may opt-out from receiving these messages13.
- Other Emails: If you send Pierre Fabre emails, you should be aware that any information provided in an email may not be secure or encrypted and therefore may be available to others. Please exercise caution if you decide to disclose any personal or confidential information in such email and please be advised that you should not provide credit card information directly to Pierre Fabre via an unsecure form (such as email). By emailing Pierre Fabre, you agree that Pierre Fabre representatives may use your email address to respond to any of your questions or comments.
5. How We Share Your Information
Pierre Fabre may, on occasion, choose to share the Personal Information collected about users with select third parties for certain purposes, such as the following:
- Service Providers. We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. (“Service Providers”). We provide these Service Providers with the information needed for them to perform services for us. We authorize these Service Providers to use your Personal Information only under our instructions and only as necessary to provide services to us, and require that they not use or disclose your Personal Information for any other purpose.
- Mobile Carriers. If you access the Services through a Device or app, we also may share your information with mobile carriers, operating systems and platforms.
We may also share your Personal Information, regardless of your “opt-out” status, in the following instances:
- Compliance with Law. Pierre Fabre may release information if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Pierre Fabre; and (2) protect and defend the legitimate business interests, rights or property of Pierre Fabre, its users, marketing partners, customers, or affiliates.
- Organizational Changes. Should Pierre Fabre undergo a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, Pierre Fabre’s accumulated customer information will be treated as an asset and, like other business assets, Personal Information, user data, and any other information that we have collected about the users of our products and services may be disclosed to such entity as part of the due diligence process and, if we or our assets are acquired, will be transferred to such entity as one of the transferred assets. We also may disclose information about our users in connection with a commercial transaction where we, or any one of our affiliated businesses, is seeking financing, investment, support or funding. You acknowledge that such transfers may occur, and that any acquirer of Pierre Fabre or its assets may continue to use your Personal Information as set forth in this Policy, but always subject to your right to opt-out of certain services.
6. Social Networking Services
When you log into the Services through your social networking accounts, link your social networking accounts with the Services or engage with our Services through third-party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those platforms. In addition, as you interact with the Services, you also may be providing information about your activities to the third-party social networking platforms, as applicable. You should make sure that you are comfortable with the information such services that may be made available to us by visiting the applicable third party platforms’ privacy policies and/or modifying your privacy settings directly with those platforms.
7. User-Generated Content and DMCA Policy
Pierre Fabre respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Pierre Fabre will respond expeditiously to claims of copyright infringement committed using Websites if such claims are reported to the Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to Pierre Fabre’s Designated Copyright Agent. Upon receipt of Notice as described below, Pierre Fabre will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
a. DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Websites or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Pierre Fabre’s Designated Copyright Agent at the address below:
PIERRE FABRE USA, INC.
Attn: Legal Department
8 Campus Drive
Parsippany, New Jersey 07054
8. Links to Other Websites
Pierre Fabre is not responsible for the content or the privacy policies of websites to which it may link. This Policy applies solely to information collected by Pierre Fabre. You should consult the respective privacy policies of any applicable third parties to learn more about their privacy practices.
9. How We Protect Your Information
Pierre Fabre has put in place reasonable, appropriate physical, electronic, and managerial procedures to protect the information Pierre Fabre collects. Please understand, however, that while we try to safeguard your Personal Information once we receive it, no transmission of data over the internet or any social media or other public network can be guaranteed to be 100% secure.
You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any Personal Information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your Personal Information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.
Our Websites and the Services are not intended to collect any protected health information, as protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and the HIPAA Privacy Rule. Pierre Fabre is not a “Covered Entity” (as defined by HIPAA) and we do not ask for your personal health information. Do not post any personal health information on any of our Websites. If you believe we might have any information regarding your personal health information, please contact us at 800-459-8663.
11. Children Under the Age of 13
Our Websites and Services are not intended to be used by individuals under the age of 13. Pierre Fabre does not knowingly collect information from children under 13 without parental consent. If you are under 13, do not make any purchases through any of our Websites, use any of the interactive or public comment features of any of our Websites, or provide any information to us, including, but not limited to your name, address, telephone number, email address, or user name. If we learn that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at 800-459-8663. By accessing and using any of our Websites and Services, you represent and warrant that you are at least 13 years old.
12. Non-U.S. Users; Governing Law
The Services are operated in the United States and are intended only for users located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the transfer, processing and storage of your information in the United States. You are also consenting to the application of United States federal and New Jersey state law, without regard to any conflict of law principles, in all matters and disputes concerning the Services and this Policy. This Policy does not create rights enforceable by third parties.
13. Opting-Out, Corrections and Cancellations
- Email & Text Messages: Any recipient of email notices or text messages may opt out of receiving them at any time. To opt out of receiving emails or text messages, follow the unsubscribe instructions located near the bottom of each service update, newsletter or promotional email, or email your request to email@example.com
- Postal Addresses: Please note that even if you opt out of receiving subscriber communications by email, we may continue to send you communications by direct mail. Pierre Fabre collects postal mailing address information from you so that Pierre Fabre may fulfill the orders you submit and to inform you of Pierre Fabre programs, products and services in which you may be interested. You have the right to opt out of receiving postal mailings from Pierre Fabre. If you do not wish to receive postal mailings, including printed offers, from Pierre Fabre in the future, please send an email to firstname.lastname@example.org or write to us at the address listed below.
- Turning Off Tracking Technologies. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click here14. It is important to remember that many of Pierre Fabre’s services may not function properly if your cookies are disabled.
- How Users Can Opt-Out of the Collection and Use of Information for Ad Targeting. Some of our advertising service providers may be members of the Network Advertising Initiative or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program, which offer a single location to opt-out of ad targeting from member companies. However, if you opt-out of receiving targeted ads in this manner, you will continue to receive advertising messages from us after you opt-out, but other members of the Network Advertising Initiative will not be able to target you based on your use of the Services and/or third party websites. If you would like more information about advertisers’ use of tracking technologies and about your option not to accept these cookies, please click here15. If you would like to learn more about how interest-based information is collected and to know your choices about not having information used in this manner, please click here16.
- “Do Not Track” Signals. You may set your web browser software to reject Tracking Technologies, but, if you do so, certain functionality of the Websites may be affected. As a result, at this time, Pierre Fabre does not respond to browser “do not track” signals or other similar mechanisms. Go to here17 or here18 if you wish to learn more about your options to not accept tracking cookies for the purpose of receiving targeted interest-based advertisements. Please note that the-opt out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.
14. Your California Privacy Rights: A Notice to California Users
California users have certain rights under the California “Shine the Light” law and the California Consumer Privacy Act (“CCPA”).
a. CCPA Disclosures
Personal Information We Collect About You. Generally, in the past 12 months:
- We have collected the following categories of Personal Information about you directly from you when you use our Websites and Services and from third parties such as social networking services:
- Identifiers and contact information, such as your name, postal address, email address, phone number, social media user name, IP address, and your unique account identifier
- Certain protected characteristics, such as your gender
- Commercial information, such as your purchase histories
- Visual information, such as your photograph (for example, if you interact with us through your social media account)
- Professional information, such as your occupation
- Transactional information, such as your credit card or other payment information and your billing address. For more information about how we handle your credit card information, please see Section 3 above (“How We Collect Your Information).
- Inferences about you, such as your preferences and interests
- Other Personal Information identified in this Policy.
- We have collected the following categories of Personal Information about you automatically when you use our Websites and Services:
- Internet and other electronic network activity information, such as your browsing history, search history, information regarding your interaction with our Websites, Services, and advertisements and Device information.
- Geolocation data, if you enable location services for our Services on your Device.
How We Use and Disclose Your Personal Information. Generally in the past 12 months:
- We have collected and used your Personal Information for the reasons described in Section 4 above (“How We Use Your Information”).
- We have disclosed your Personal information to the categories of third parties identified in Section 5 above (“How We Share Your Information”).
- We have disclosed the following categories of Personal Information to third parties: identifiers and contact information; certain protected characteristics; commercial information; visual information; professional information; transactional information; internet and other electronic network activity information; geolocation data; and inferences about you.
- We have not sold your Personal Information.
b. CCPA Privacy Rights
As of January 1, 2020, California users are entitled to the following privacy rights under the CCPA.
- The right to know. You have the right to request to know (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information.
- The right to deletion. You have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.
- The right to equal service. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Websites or our Services.
You may exercise your right to know and your right to deletion twice a year, free of charge. To exercise your right to know or your right to deletion, you may use the CCPA Privacy Request Form here. You may also submit your request by contacting us through the methods described in Section 15 below (“Contact Information”).
We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.
c. Shine the Light
Under the California “Shine the Light” law, codified in California Civil Code Section 1798.83, California residents may opt-out of Pierre Fabre’s disclosure of Personal Information to third parties for their direct marketing purposes. Any California resident may choose to opt-out of the sharing of such Personal Information with third parties for marketing purposes at any time by directing such request to email@example.com.
For the avoidance of doubt, it is important to understand that this opt-out shall not prohibit any disclosures made for non-marketing, lawful purposes.
15. Contact Information
If you have questions or if you would like to send us your privacy requests, you may contact us at:
PIERRE FABRE USA, INC.
Attn: Legal Department
8 Campus Drive
Parsippany, New Jersey 07054
You also may contact customer service by clicking here19.
Effective Date: January 1, 2020