Privacy
YOUR PRIVACY RIGHTS
Effective Date: This Privacy Policy is officially effective April 2, 2012
I. GENERAL
1. Our Commitment to Your Privacy
Welcome to the web site owned by SkinMedica, Inc. and operated on its own behalf and on behalf of its Affiliates (as defined in Section II(1) below), including but not limited to SkinMedica Aesthetics, Inc. and SkinMedica Pharmaceuticals, Inc. (hereinafter the "Site"). Your privacy on the Internet is of utmost importance to us. The success of our business is based on our ability to maintain your trust and the trust of our other users. Because we collect certain types of information about the users of our Site, we feel you should fully understand the conditions of our collection and use of such information. This privacy statement discloses our privacy policy, including what information we collect, how we use it, and how you can correct or make changes to that information. For purposes of this Privacy Statement, the terms "we," "us," "our," and "SKINMEDICA," refer to SkinMedica, Inc. and its Affiliates. "You" refers to you, as a user of this Site. By using this Site, you consent to the terms of our Privacy Policy as described herein. If you do not consent to the terms of our Privacy Policy you do not have the right to use this Site in any way, including to review information and/or to obtain goods or products.
If you have any questions regarding this Privacy Policy or the practices of our Site, please contact us at
policies@skinmedica.com.
II. COLLECTION AND USE OF PERSONAL INFORMATION
1. Collection of Personal Information
When you visit the Site, you may be asked to provide certain Personal Information about yourself, such as your name, mailing address, e-mail address, and telephone number, and for on-line purchases, your billing and shipping information, and your credit card information ("Personal Information") for certain purposes described in this Section II. We only collect Personal Information that is voluntarily provided to us by our users. However, if you opt not to provide us with certain Personal Information through the Site, you may be unable to participate in certain promotions, receive product information, or buy products offered directly or indirectly through the Site.
2. Your California Privacy Rights
As further discussed in this Privacy Policy, we may from time to time provide you with the opportunity to receive information about products and services offered by our parent company, any subsidiaries, joint venturers, or other companies under common control with SkinMedica now or in the future (collectively, "Affiliates"), or our third party direct marketing partners. We will not provide your Personal Information to our Affiliates or third party direct marketing partners for their use in marketing their products to you without your consent. You can prevent future disclosures of your Personal Information to our Affiliates and third party direct marketing partners, at no charge, by exercising your "opt-out" rights through any of the means described in Section X below. Because we provide you with the ability to exercise such "opt-out" rights, we have thereby complied with the California Civil Code Section 1798.83, and we therefore do not provide the names and addresses of third parties that have received Personal Information from us for such third parties' direct marketing purposes.
3. International Users
Like almost every website, our Site may be accessed by an international audience. By visiting our Site and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By providing us with your data, you consent to the transfer of such data.
4. Methods of Collections and Use
We may collect and use your Personal Information in any one or more of the following ways:
- Registration
You may elect to submit orders through our online store (the "Store") as a non-subscribing Site user, in which case you will be required to provide your name, email address, and billing and shipping information.
Alternatively, you may complete an electronic registration form in order to create an account with our Site ("Site Account"). During registration, you will be required to provide Personal Information, which includes your name, e-mail address, telephone number and street address. You will also be required to provide a password, which will be used to log-in to your Site Account. In addition, we will provide you with the ability to "opt-in" to additional communications from us, our Affiliates and/or our third party direct marketing partners, and/or to "opt-in" to our courtesy physicians notification service, as further described in Section II(4)(d) below.
It is important that you protect and maintain the security of your Site Account. If you forget your password, you may not be able to access certain features or functionality of the Site, including but not limited to the ability to manage your Site Account. You may retrieve your password by clicking on the ["retrieve your password"] button at the Site Account log-in screen. Please see Section VIII below for further details regarding our security measures and procedures.
The Personal Information we collect when you make a purchase through the Store as a non-subscribing Site user or when you register for a Site Account may be used by SkinMedica as follows: (i) for our internal tracking purposes, (ii) with respect to order placement and shipping (including, without limitation, to provide you with automated order status updates via e-mail), (iii) for information correction purposes, (iv) for our internal records, (v) in order to contact you to respond to your questions or requests, (vi) to provide you with information regarding changes to the Site which may affect your Site account and/or your use of the Site, (vii) if you have opted in to our courtesy physician notification service, to provide notification of products purchased through our Store to your nominated physician or medical practitioner, and (viii) to inform you of any product or promotional offers either we, our Affiliates, or our third party direct marketing partners may have.
- Orders
Most of the information collected in the registration process will be used to process orders submitted by you through the Store. During the ordering process, you will be required to provide financial information, such as your credit card number and expiration date. This information is used for billing purposes and to fulfill your order. If we have trouble processing an order, we will use your Personal Information to get in touch with you. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval. This process is protected by an enhanced security system. See Section VIII below for further details regarding our security measures and procedures. We do not share your financial Personal Information with any third parties, except as specified in the Sections II(4)(b) and (e) of this policy.
When you make a purchase through the Store, you can choose to store your Personal Information in your Site Account. You can view, amend or delete this information by logging in to your Site Account and following the instructions in the relevant area of your Site Account.
- Cookies
We may use a technology referred to as "cookies" (or other similar technology now existing or hereafter developed), which are pieces of data on your computer tied to information about you. Based on your browser type and other information provided by our cookies, we use cookies to: (i) customize certain Site content; (ii) customize your Site visitation experience and access; (iii) notify you of certain promotions, products and services that we and other companies believe may be of interest to you; and (iv) for any other purposes permitted under applicable law from time to time.
If you choose to reject the cookie, you can still browse our Site and our Store, but you will be unable to buy products from us through the Store using the shopping cart functionality contained therein. The SkinMedica shopping cart cannot function without cookies enabled so that the necessary information to process your order is retained. If you disable cookies, SkinMedica will be unable to accept your online order. We will not share any Personal Information provided by our cookies with any third party, though you agree and acknowledge that we may share Non-Personal Information (as defined below) with such third parties. We will, however, link data stored in cookies to the Personal Information you submitted while on our Site. This allows us to personalize your shopping experience and discern user Site preferences.
4. Sharing of Personal Information with Third Parties
We may share your Personal Information with third parties in any one or more of the following ways:
- Affiliates
We may share your Personal Information with our Affiliates, in which case we will require our Affiliates to honor this Privacy Policy with respect to such shared information.
- Third Party Service Providers
We may employ third party companies to perform services on our behalf. These services may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit processing. The third parties we contract with for the provision of these services will be permitted to obtain only such Personal Information as they require to deliver the services. Further, such third parties are required to maintain the confidentiality of the information disclosed to them and otherwise to comply with the terms of this Privacy Policy, and are prohibited from using Personal Information disclosed for any purpose other than as required for their provision of the applicable services to SkinMedica. Among such third parties are the three referenced immediately below.
|
UPS Corporate Headquarters
55 Glenlake Parkway, NE
Atlanta , GA 30328
United States
www.ups.com
|
Avalara
Headquarters
435 Ericksen Ave. N.E.
Bainbridge Island, WA 98110
United States
www.avalara.com
|
Authorize.Net
808 East Utah Valley Drive
American Fork, UT 84003
United States
www.authorize.net
|
- Third Party Direct Marketing Partners
You may "opt-in" and thereby give your consent to receive communications from our third party direct marketing partners. Such third parties may not be governed by the same terms and policies which govern your use of this Site. If you would rather us not share your Personal Information with our third party direct marketing partners, please let us know by following the "opt-out" procedures set forth in Section X below. Please note that if we receive your "opt-out" request after we have already shared your Personal Information with a third party, we may not have the ability to control the use of your Personal Information by such third party. SkinMedica is not responsible for and disclaims all liability for any use of the information you choose to provide to such third parties.
- Physicians
At the time you enroll in the SkinMedica Essentials Program or purchase a product offered through the Store, you will be asked whether you wish to "opt-in", and thereby give you consent, for SkinMedica to notify your nominated physician or other medical practitioner of your purchase of the relevant product. We will provide your nominated physician with your name, contact information, and the products which you have purchased through our Store. You may "opt-out" of such notifications by following the procedure set forth in Section X below.
- Special Events
If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to our Site, the rules or terms and conditions for those events may indicate that your Personal Information will be shared with third parties. By choosing to participate and submitting your Personal Information with respect to such events, you consent to disclosure of your Personal Information to such third parties. SkinMedica is not responsible for and disclaims all liability for any use of the information you choose to provide to such third parties.
- Essentials Program
If you elect to participate in the SkinMedica Essentials Program, the rules or terms and conditions for that program may indicate that your Personal Information will be shared with third parties including but not limited Physicians. By choosing to participate and submitting your Personal Information with respect to such program, you consent to disclosure of your Personal Information to such third parties. SkinMedica is not responsible for and disclaims all liability for any use of the information you choose to provide to such third parties.
- Fraud Protection and Compliance with Law
We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including Personal Information, with other companies and organizations for credit fraud protection and risk reduction.
- Change of Control
We may also transfer your Personal Information if SkinMedica is acquired by or merged with another organization. In such event, SkinMedica will attempt to notify you via email or a posting on this Site before Personal Information about you is transferred and becomes subject to a different privacy policy, provided however, in the event SkinMedica is unable to notify you, your Personal Information will still be transferred but subject to this Privacy Policy.
III. PUBLIC COMMUNICATIONS FEATURES
From time to time you may be able to participate in certain activities on the Site, such as forums, reviews, user opinions, chat rooms or bulletin boards ("Public Communications Features"), which give you the opportunity to communicate with SkinMedica and other users of the Site. Be aware that when you volunteer information or create a public profile in the course of your participation in our Public Communications Features, you are also agreeing to allow certain aspects of your Personal Information to be made public. This includes your username, any Personal Information or images that you add to your signature, or any data or other information, including Personal Information, which you otherwise post to the public using such Public Communications Features. You acknowledge and agree that SkinMedica does not review, censor, or in any manner control the content of these Public Communications Features. Consequently, SkinMedica has no liability or responsibility for information made available through these Public Communications Features and you will be liable to SkinMedica for any liability that we incur as a result of any information submitted by you in or through the Public Communications Features. Your use of the Public Communications Features is subject to SkinMedica's Terms of Use.
IV. COLLECTION OF NON-PERSONAL INFORMATION
We also collect aggregate, non-personally identifiable information about you that is transferred to us by your browser and/or by cookies when you access our Site, and you may also be asked to provide non-personally identifiable information while using certain features or functionality available on the Site, such as your zip code, shopping habits, and product and information preferences (collectively, "Non-Personal Information"). Like most standard website servers, we use log files to collect Non-Personal Information, including internet protocol (IP) addresses, browser types, internet service providers (ISPs), referring/exit pages, platform types, date/time stamps, and the number of clicks. Non-Personal Information collected from you is used for purposes such as to analyze trends, administer the Site, track user movement in the aggregate, and gather broad demographic information for aggregate use. We do not link IP addresses to Personal Information, and we do not distribute or share Non-Personal Information with any third parties.
V. EMAIL THIS PAGE
If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. SkinMedica does not store this information and only uses this information for the sole purpose of sending this one-time email.
VI. CHILDREN
This site is not intended for children under the age of 13 and we do not knowingly collect any Personal Information from such children. Children under the age of 13 should not use our Site at any time, except in the presence of, and with the express consent of, his or her parents or legal guardian. In the event that we learn that we have inadvertently gathered Personal Information from children under the age of 13, we will erase such information from our records.
VII. PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS
Our Site may contain links to other sites, as well as advertisements from companies with their own sites. These other sites may not have privacy policies, and we are not responsible for the privacy practices or the content of such sites. If you have any questions about how these other sites use your information, you should contact them directly.
VIII. SECURITY
SkinMedica implements various security measures in accordance with industry standards to protect the security of your Personal Information both online and offline. When our registration and order forms ask you to submit Personal Information (such as your credit card number), that information is encrypted using secure-socket-layer ("SSL") technology provided by Network Solutions. To learn more about SSL, follow this link www.networksolutions.com.
Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information to those employees we reasonably believe need such information do their jobs.
All SkinMedica servers, including web servers and database servers, are housed and maintained in secure locations. Access to the database is strictly monitored and protected from outside access. Internet access is restricted and protected by firewalls. The servers on which we store Personal Information are kept in a secured environment, inside a secured and locked room. All backups are stored and locked in a high-level security room. Only personnel with proper security clearance have access to these restricted areas.
Notwithstanding anything contained in this Section VIII, while we take reasonable precautions against possible security breaches of the Site and our customer databases and records, no website or Internet transmission is completely secure. Consequently, SkinMedica cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your Personal Information safe (including your Site Account password), log out of your Site Account after use, and close your web browser.
If you have any questions or concerns about SkinMedica's security practices, you can send us an email at
policies@skinmedica.com.
IX. CORRECTION/UPDATING/REVIEWING PERSONAL INFORMATION
You can view, amend or delete the Personal Information that we have collected and retained from you by logging in to your Site Account and following the instructions in the relevant area of your Site Account. Alternatively, you may contact us at
optout@skinmedica.com and request to review, amend or delete your Personal Information collected by us, and/or request us to cease collecting Personal Information from you in the future.
X. OPT-OUT
If you do not want to receive special offers, marketing communications, newsletters or other promotional communications ("Marketing Communications") from: (i) SkinMedica, (ii) our Affiliates, and/or (iii) our third party direct marketing partners, SkinMedica provides several ways for your to "opt-out" or withhold your consent from receipt of such Marketing Communications. Users who no longer wish to receive Marketing Communications may opt-out of receiving these communications by un-checking the ["permission to send"] field with respect to the relevant party(ies) from whom users do not wish to receive such Marketing Communications. For users who have a Site Account, you may make op-in or opt-out selections at the time you create a Site Account, or at any time thereafter by logging-in to your Site Account and changing your Marketing Communications preferences. For non-subscribing Site users, you will be prompted to make Marketing Communications opt-in and op-out selections at the time when you submit an Order through the Store. Alternatively, you may "opt-out" of Marketing Communications that you are already receiving from us, our Affiliates or our third party direct marketing partners by following the steps described in each such Marketing Communication, and/or you may send e-mails to
optout@skinmedica.com with a request to cease receipt of such Marketing Communications. Please note that once we receive your request, it make take an additional period of time for such "opt-out" to become effective, depending on the applicable policies and procedures adopted by the relevant third party direct marketing partner. If you no longer want SkinMedica to notify your nominated physician of your product purchases made through the Store, you may uncheck the applicable box at the time you submit your order for such Product, or you may send e-mails to
info@skinmedica.com with a request to cease the future provision of such physician notifications.
XI. NOTIFICATION OF CHANGES
We reserve the right to change our Privacy Policy at any time. In the event we decide to make material changes to our Privacy Policy, we will attempt to notify you and other users of this site by sending a notice to the primary email address provided to us and/or by placing a notice on our Site. You should periodically check the Site for such notices.
XII. CONTACT US
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an email to:
policies@skinmedica.comSkinMedica Inc.
5770 Armada Dr.
Carlsbad, CA 92008
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