- Your use of the Site, including purchases and other transactions made on the Site;
- Your visits, shopping and purchase transactions at any retail stores that are authorized to sell our products;
- All communications between you and us through any means, including but not limited to email, text, webforms, online chat programs and telephone;
- All marketing materials we send you; and
PERSONAL INFORMATION WE COLLECT AND METHODS OF COLLECTION
We collect Personal Information about from various sources, including from you voluntarily, from third parties and through automated means. Such information may include your name, shipping/billing address, telephone number, email address, social media user name, credit card or other payment information, birth date, gender, personal interests, purchase history, beauty and skin/hair care preferences and other information from which you or your household may be identified (collectively, “Personal Information”). We collect this information to enable you to purchase or order products, register to receive emails or offers, join our loyalty program, participate in a survey, submit a product review, register for a sweepstakes or promotion or otherwise engage or communicate with us. If you choose not to provide Personal Information to us, you may be unable to purchase products, take advantage of offers or otherwise access certain aspects of the Site.
Information You Voluntarily Provide
- When you make a purchase, we collect some Personal Information, such as your name, shipping/billing address, telephone number, email address, credit card or other payment information.
- When you register for an Account with us, such as the loyalty program, in addition to the above Personal Information, you also will create a password and may provide your social media user name, birth date, gender, personal interests, purchase history, beauty and skin/hair care preferences and other information to help us customize your experience. When you create an Account, you will become a Member with an Account.
- If you contact us via any customer service method, you may need to provide some of your Personal Information so we can address your questions or concerns. For example, when Members communicate with us through their Accounts, we will use their email addresses to send them responsive email communication.
- If you opt in receive to marketing emails, texts, or other messages from us, you will have to provide us with your preferred means of communication along with some other Personal Information about you.
- When you participate in surveys, sweepstakes or promotions, we will collect Personal Information from you.
- If you submit reviews or online comments on the Site, you voluntarily provide your name, email address, your age range and comments and ratings about the products you review. For example, we publish on the Site a publicly accessible blog (the “Blog”). Please note that any comments or information you provide in product reviews or on the Blog are accessible to the general public.
- When you interact with our associates online or in-person for assistance with your product needs and purchases.
Information Collected from Third Parties
- We may receive information you provide on behalf of third parties or that third parties provide on your behalf, including but not limited to gift senders, gift recipients, and online registrations/purchases. We also may acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information where such third parties have been duly authorized to share such information in accordance with applicable data protection laws. We may receive information from various consumer reporting agencies and related service providers to fulfill and deliver purchases.
- If you make a purchase via the Site, our third-party payment processor service providers may also collect billing information such as your payment card number or billing address. We use the information you provide to process your transactions and send communications.
- We may combine such third-party data with other information we receive from or about you. We also may share your Personal Information with third-party business partners and may collect Personal Information about you that we receive from other sources when you have authorized us to do so or where permitted by applicable laws.
- Additionally, if you have given us permission to store your payment information, your credit card issuer may provide us with updated payment information (including credit card number and expiration date) in connection with the credit card issuer’s terms of service.
- We also receive information about you when you interact with us on social media platforms. This includes aggregate data on our followers (e.g., age, gender and location), engagement data (e.g., “likes,” comments, shares, reposts and clicks), awareness data (e.g., number of impressions and reach) and individual users’ public profiles.
Information Collected through Automated Means
When you interact with our Site, purchase our products, and communicate with us, we collect certain types of personal and non-Personal Information about you automatically through the use of some technologies (collectively, “Tracking Technologies”). Some of the Tracking Technologies we use include:
Cookies: Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. Our website uses various types of cookies. First, we use persistent cookies to save your login information for future logins to the Site and to collect information about abandoned shopping carts on the Site in order to send you reminders. Second, we use session ID cookies to enable certain features of the Site, to better understand how you interact with the Site, and to monitor aggregate usage by Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and then close your browser. You also can manage your cookie preferences for the Site through our consent management platform. You can learn more about cookies, including how to opt-out, by clicking here. You also can change your browser options to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or functionality of the Site.
Device Information and Unique Identifiers: We automatically collect your IP address or other unique identifier information ("Device Identifier") for the computer, mobile device, technology or other device (collectively, "Device") you use to access the Site or on third-party websites that publish our advertising. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may collect certain, non-Personal Information about the Device you use to access the Services, including but not limited to IP addresses for your Devices, Device identifiers, operating system, browser type, browser language and other transactional information that does not personally identify you to, among other things, administer the Site, help diagnose problems with our servers, analyze trends, track users’ web page movements, deliver advertising and gather broad demographic information as well as for fraud prevention purposes.
Log Data: When you visit the Site, whether as a Member or as a non-registered user (collectively, “User”), we use various tools and software to collect information automatically that your browser sends whenever you visit the Site (“Log Data”). This Log Data may include information such as your Device’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you view, the time of day you browse, the time spent on those pages, products you purchase or place in your shopping cart, the links you click, ads and videos you view and click through, the information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze the use of the Site and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to User needs. We also use this information to verify that Users of the Site meet the criteria required to process their requests. Session replay software is one of the tools we may use to collect this information. Session replay technology allows us to understand how Users interact with the Site, including replays of their interaction with our Site. By using our Site, you represent you have read this disclaimer and understand that Oui the People may use session replay technology to record how you interact with our Site for our own internal purposes and analytics, and to improve and enhance our Site.
Location Data: When you provide your authorization on your Device, our Site may collect information about the location of your Device, which could disclose your location. Your device should require you to provide permission before allowing your geolocation information to be disclosed. We and our service providers may use your geolocation information, along with other information submitted by you, to provide you with location-based services and personalized content. Should you wish to prevent the disclosure of your location information, you may modify the permissions on your Device.
- Other Automated Tools and Online Tracking Technologies:
- We and our third–party partners and service providers (such as advertising and analytics providers) also use pixels, web beacons, software developer kits (SDKs), mobile ad identifiers, or similar unique identifiers and online tracking technologies to collect information when you interact with our Site and receive emails from us.
- A pixel is a type of code that is embedded in a website, video, email, or advertisement that sends information about your use to a server. When you access a website, video, email, or ad that contains a pixel, the pixel may permit us or a business partner to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a specific browser on a Device. We may incorporate pixels from business partners that allow us to track our communications, show you ads both on and off the Site, and provide you with additional functionality, such as the ability to connect our Site with your social media account.
- Some online tracking technologies help us maintain the security of our websites and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. These tools and technologies also enable third parties and service providers with whom we have agreements to use online tracking technologies on our Site for analytics and advertising, including to help manage and display ads, to tailor ads based on your interests, or to send abandoned shopping cart reminders (depending on your communication preferences).
- Additionally, data collected from a particular browser or Device may be used with another Device that is associated with a User so that your activity may be collected and tracked across Devices.
- The Site may include SDKs, which is code that sends information about your use to a server. These SDKs allow us to track our communications with you, serve you ads on and off the Site, and provide you with additional functionality, such as the ability to connect our Site with your social media accounts. Even though we do not sell your Personal Information, various state laws may consider the use of these online tracking technologies to be a “sale” / “sharing”. Accordingly, you can opt-out of these online tracking technologies by clicking on the Do Not Sell/Share My Personal Information button at the bottom of the Site, or by contacting Customer Service.
The business purpose behind the collection of such automated information is to help make the Site operate more efficiently and to provide analytical information about marketing campaigns. Among the business purposes for which we collect such information is to analyze this data for preferences, trends, Site-usage statistics, to recognize you on return visits and to draw inferences from the above information about your predicted characteristics and preferences.
YOUR PRIVACY RIGHTS
Changing or Deleting Your Information
Interest-Based Advertising & Analytics
We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms.
You may visit the DAA Webchoices tool at www.aboutads.info or DAAC opt-out page at http://youradchoices.ca/choices to learn more about this type of advertising and how to opt-out of this advertising on websites by companies participating in the DAA or DAAC self-regulatory program. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices or DAAC opt-out tool. Note that electing to opt-out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests.
We may also work with third parties that collect data about your use of the Service and other sites or apps over time for non-advertising purposes such as to evaluate the effectiveness of our online ad campaigns. Oui the People uses Google Analytics and other third-party services to improve the performance of the Service and for analytics and marketing purposes.
For more information about how Google Analytics collects and uses data when you use our Service, visit www.google.com/policies/privacy/partners, and opt-out of Google Analytics, visit tools.google.com/dlpage/gaoptout.
Links To Other Sites
Our Site contains links to other websites that are not owned or operated by Oui the People. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may have their own privacy policies and may place their own cookies or other files on your computer, collect data or solicit information from you. Other websites may follow different rules regarding the use or disclosure of the information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
WHAT WE DO WITH YOUR PERSONAL INFORMATION
We share your Personal Information with service providers that perform services on our behalf for business purposes pursuant to written agreements and specific instructions. By using the Site, you consent to our use of your personal and non-Personal Information to target advertising to you. We collect and share your Personal Information for the business purposes described below:
- Enable your usage of the Site;
- Data enhancement;
- Fulfill purchases;
- Communicate with you;
- Monitor and maintain internal business processes, authentication, loss and fraud prevention, and public safety functions;
- Customize your experience on our Site;
- Improve our products and product assortment;
- Maintain your Account Membership;
- Marketing and promotion purposes;
- Analytics regarding Site usage;
- Dispute resolution and enforcement of our terms and policies;
- Account Maintenance and Service Updates; and
- Archival Purposes.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We disclose Personal Information in the following circumstances:
Service Providers: We may employ third-party companies and individuals to facilitate our operation of the Site and the services provided, such as, to operate the Site on our behalf, to perform Site-related services (including, without limitation, maintenance and data security services, database management, payment processing, shipping, logistics, customer service, third-party auditors and law firms, internet service providers, web analytics, marketing and advertising network services, and improvement of the Site’s features) or to assist us in analyzing how our Site and services are used. These third parties will have access to your information for the limited purpose of performing these tasks on our behalf. Our service providers may be located in the U.S., Canada, or other foreign jurisdictions.
Corporate Affiliates: We may disclose Personal Information to our corporate affiliates. Such corporate affiliates may process Personal Information on our behalf as our service providers.
Compliance with Laws and Law Enforcement: Oui the People cooperates with government and law enforcement officials and private parties to enforce and comply with applicable laws. We and our affiliates or service providers in the U.S. or other jurisdictions may disclose information about you to the government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas and court orders); to protect the property and rights of Oui the People or a third party; to protect the safety of the public or any person; to verify or enforce our Terms of Service or other applicable policies; or to prevent or stop activity we may consider to be or to pose a risk of being, illegal, unethical or legally actionable activity. In addition, we may disclose your information or any information you submitted via the Site and its services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms of Service including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, or (iv) is otherwise required or permitted by applicable law.
Business Transfers: We may disclose your Personal Information to others in connection with or during negotiation of any completed or potential merger, acquisition, financing, reorganization, transfer, dissolution, divestiture or sale of all or a portion of our business or assets to another company or in the event of bankruptcy.
Consent: We may share your information with your consent or as otherwise disclosed at the time of data collection or sharing.
Social Networking Services: You have the option to share information contained in your Account with certain social networking services (i.e., Twitter and Facebook). Oui the People will share your Account information when you authorize such disclosure.
- Aggregated Information: We may share information that has been anonymized or aggregated without limitation.
HOW WE PROTECT YOUR PERSONAL INFORMATION
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Oui the People has put in place appropriate physical, electronic, and managerial procedures to protect the information Oui the People collects online. Please understand, however, that while we try our best to safeguard your personally identifiable 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 personally identifiable 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 personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you have certain rights with respect to your Personal Information, as that term is defined under the California Consumer Privacy Act, the California Privacy Rights Act and their regulations (collectively, “CCPA”). The CCPA grants you the right to request that we disclose to you, upon our receipt from you of a verifiable request, the following:
(1) The categories of Personal Information we have collected about you.
(2) The categories of sources from which the Personal Information is collected.
(3) The business or commercial purpose for collecting or selling Personal Information.
(4) The categories of third parties with whom we share Personal Information.
(5) The specific pieces of Personal Information we have collected about you.
Certain capitalized terms used below are defined in and shall have the meanings under the CCPA or other applicable state laws.
Please note that we do not sell consumer Personal Information for monetary compensation; however, the CCPA defines “sell” and “share” broadly, and so certain of our practices may fall within the scope of the CCPA. For transparency, we may from time to time disclose consumer Personal Information for a Business Purpose, such as operational purposes, or other notified purposes, that are reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or processed or otherwise is compatible with the context in which the Personal Information was collected.
- Notice of Collection
We have collected the following categories of Personal Information about California Consumers in the preceding 12 months.
- Identifiers such as a real name, alias, postal address, date of birth, age, unique personal identifier, online identifier, physical characteristics or description, Internet Protocol address, email address, account name, or other similar identifiers.
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biometric information.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
- Geolocation data.
- Audio, electronic, visual, thermal, olfactory, or similar information.
- Inferences drawn from any of the above information to create a profile about a Consumer reflecting the Consumer’s preferences, characteristics, predispositions, behavior, and attitudes.
- Sensitive personal information.
- Categories of Sources. We collect Personal Information from the following categories of sources:
- Advertising and ad tech networks;
- Data analytics providers;
- Marketing partners;
- Social media networks;
- Payment processors;
- Service providers;
- Third-party sellers of our products; and
- Affiliates not under the Oui the People brand.
- Why We Use and Disclose Personal Information: We use and disclose the following categories of Personal Information that we collect for our commercial and Business Purposes, including, without limitation:
- Our commercial purposes, including marketing and facilitating transactions;
- Auditing related to our interactions with you;
- Legal compliance;
- Detecting and protecting against security incidents, fraud, and illegal activity;
- Debugging to identify and repair errors that impair functionality;
- Performing services (for us or our service providers) such as account servicing, processing orders, and payments, and analytics;
- Internal research for technological improvement;
- Internal operations;
- Activities to maintain and improve our services; and
- Other one-time uses.
- Categories of Personal Information Disclosed: We disclose the categories of Personal Information designated above to the third parties listed below for Business Purposes:
- Service providers;
- Affiliates not under the Oui the People brand;
- Advertising and ad tech networks;
- Data analytics providers;
- Payment processors; and
- Social media networks.
- Your Rights Regarding Personal Information: California residents have certain rights with respect to the Personal Information collected by businesses. If you are a California resident, you may exercise the right to access, correct, and delete your Personal Information, subject to certain exceptions and limitations, and all such requests are subject to verification according to methods determined by us.
- Right to Access: You have the right to request that we disclose to you the categories of Personal Information that we have disclosed about you for a Business Purpose in the preceding calendar year and the names and addresses of those third parties;
- Right to Know: You have the right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the Business or commercial Purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclosed Personal Information, and the specific pieces of Personal Information we have collected about you;
- Right to Delete: You have the right to request that we delete the Personal Information we have collected from you (subject to the limitations below); and
- Right to Correct: You have the right to request that we correct inaccurate Personal Information we maintain about you.
After confirming receipt, we will respond to the above requests within 45 days of our receipt.
Please note that we are not required to comply with a California resident’s request to delete Personal Information if it is reasonably necessary for us to maintain the Personal Information in order to:
(1) Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by the consumer, or reasonably anticipated by the consumer within the context of a business’ ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
(2) Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes.
(3) Debug to identify and repair errors that impair existing intended functionality.
(4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
(6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if the consumer has provided informed consent of such research, if the consumer has provided informed consent.
(7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us and compatible with the context in which the consumer provided the information.
(8) Comply with a legal obligation.
You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. However, nothing prohibits us from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.
To exercise any of the above rights, please contact us online at firstname.lastname@example.org. To verify your request, we will compare the information you provide in your request to any information we maintain about you. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, such as a copy of your valid government-issued identification, although you will not be required to create an account with us to submit a request or have it fulfilled.
You may designate an authorized agent to make a CCPA request on your behalf by designating such an agent in writing or through a power of attorney. We will require the agent to provide us with proof that you have authorized the agent to make the CCPA request on your behalf prior to accepting a request from the agent.
Even though we do not sell Personal Information, if you are a resident of California, Colorado, Connecticut, Utah or Virginia, you also have the right to opt-out of the sale of your Personal Information. All such requests are subject to verification according to methods determined by us. You may submit an opt-out request by sending an email to us at email@example.com with “Privacy” as the subject line of the email, or by clicking the “Do Not Sell/Share My Personal Information” link in the footer on the Site. We do not knowingly sell or share the personal information of any California residents who are 16 years or younger.
- California’s “Shine in the Light” Law. Consumers that are California residents have the right to request information from us regarding the categories of Personal Information we share with third parties for the third parties’ direct marketing purposes. To request this information, send an email to firstname.lastname@example.org with “California Privacy” in the subject line.
- “Do Not Track” Signals. You may set your web browser software to reject Tracking Technologies, but, if you do so, certain functionality of the Site may be affected. Moreover, due to the lack of uniformity in the standard for “do not track” signals, we do not act upon or respond to browser “do not track” signals or other similar mechanisms.
OTHER STATE PRIVACY RIGHTS
If you are a resident of Colorado, Connecticut, Utah or Virginia, you may have certain privacy rights under the applicable privacy laws in your state, including the Right to Know, Right to Delete and Right to Correct your Personal Information as described above. You may exercise your rights by sending an email to email@example.com with “State Privacy” in the subject line.
Nevada Privacy Rights
This section contains disclosures required by Nevada law. Although we do not conduct sales of Personal Information as defined by Nevada law, Nevada residents may submit a request directing us not to sell Personal Information we maintain about them. To exercise this right, please contact us at firstname.lastname@example.org and specify in the subject line: Nevada Privacy Information Request.
In some jurisdictions, you may appeal to us if we do not take action on the exercise of your rights and choices described above. To bring an appeal, please send an email to email@example.com with “Privacy - Appeal of Refusal” in the subject line and provide the relevant information in the email.
Residents of Virginia have the choice to opt out of targeted advertising. In order to exercise your choice as a Virginia resident, please send an email to firstname.lastname@example.org with “Privacy If we deny a rights request by a Virginia resident, and after you appeal the denial you are unsatisfied with our response, you can raise your concerns with the Virginia Office of the Attorney General.
NOTICE OF FINANCIAL INCENTIVE
Oui the People may offer discounts, coupons and other benefits to consumers who provide their personal information by signing up for our loyalty program, opting in to marketing emails or text messages, participating in a marketing campaign (such as, Refer-A-Friend) or submitting a sweepstakes entry or survey response. The categories of personal information implicated by the financial incentive may vary, but typically will include your name, email and postal addresses, phone number, date of birth, gender, product preferences, skin care concerns and other interests and factors, depending on the offer. There is no obligation to opt in and consumers may opt out at any time. We do not calculate the value of consumer data in our accounting statements. However, to the extent these marketing programs involve the collection of personal information, California law may deem them to be financial incentives for which we must provide a disclosure to you. Based on our reasonable and good faith method, we estimate the value of your personal information to correlate to the value of the discount we provide to you after deducting the expenses related to the discount and factoring in the number of participants that take advantage of any promotional offer.
You may withdraw from any of the financial incentives by contacting Customer Care by sending an email to email@example.com with “Privacy” as the subject line of the email or by unsubscribing from our marketing emails by clicking on the "unsubscribe" link that is provided at the bottom of the latest Oui the People email you received.
Our Site and services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without parental or guardian consent. We do not sell consumer Personal Information. If you believe a child under the age of may have provided us with Personal Information, please contact us and we will delete it.
UPDATES TO THIS POLICY
COMMUNICATING WITH US
Email: firstname.lastname@example.org with “Privacy” as the subject line of the email.
Oui the People,
81 Prospect Street,
Brooklyn, NY, US, 11201
Attn: Oui The People
6/13/2023, 11:45 AM