Privacy Policy
Acne Skin Care - Mario Badescu Skin Care
PRODUCTS
GIFT CERTIFICATES
SALON
SKIN ANALYSIS
EDUCATION
PROMOTIONS

Privacy Policy

MARIO BADESCU ONLINE PRIVACY POLICY

  1. Commitment to Privacy

    MARIO BADESCU offers and maintains this website, located at www.mariobadescu.com, including all of its subdomains and subparts (collectively, “our website”).¬†¬† Mario Badescu respects the privacy of everyone who visits our website. ¬†Our Privacy Policy is an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with our customers and website users. ¬†This policy was developed to inform visitors to our website about how Mario Badescu handles and uses personally identifiable information. ¬†Privacy is important; we hope you take the time to read this Privacy Policy carefully.¬† BY USING THIS WEBSITE YOU AGREE TO THE TERMS AND CONDITIONS OF USE AS WELL AS THE TERMS OF THIS PRIVACY POLICY.

    We will regularly assess this policy against new technologies, business practices, and the needs of our customers and website users to ensure that you are informed to make choices about how to share and secure your personal data.  If you have questions about this Privacy Policy, Mario Badescu ‘s information practices, or your dealings with Mario Badescu, please email us at [email protected], or through Consumer Protection, 123 William Street, New York, New York 10038.

  2. Collection Of Your Information

    When you visit our website, you may provide us with two types of information: (1) personally identifiable information that you voluntarily disclose so that we may provide products or services to you, such as when you register for an account or submit information needed to fill an order; and (2) website use information collected automatically as you browse our website.¬† By using our website or allowing someone to use our website on your behalf, you are consenting to our collection, use, disclosure, transfer, storage, retention, and eventual destruction in accordance with this Privacy Policy of any personally identifiable information or other information received by us as a result of such use.

    Personally Identifiable Information 

    Mario Badescu may collect personally identifiable information about you including, without limitation, your name, address, telephone number, and e-mail address.  If you choose to correspond with us through email, we may retain the content of your email messages, together with your email address, and our responses.

    Website Use Information 

    We also collect certain data automatically that is sent to us from the computer, mobile device, and/or browser through which you access our website (“Automatic Data”). ¬†This Automatic Data includes, without limitation, statistics on your activities on our website (such as the date and time of visits, the pages viewed, time spent at our website), information about how you came to our website, and data collected through Cookies, Web Logs, or other similar technologies discussed in more detail in our Cookie Policy. ¬†Much of this Automatic Data is not personally identifiable information. ¬†However, when you register for our website or otherwise submit personally identifiable information to us, we may associate this Automatic Data with your personally identifiable information. ¬†At such time, we will treat any such combined data as personally identifiable information until such time as it can no longer be associated with you or used to identify you.

  3. Use Of Your Information

    Broadly speaking, we use personally identifiable information for the purpose for which you provided it.  Mario Badescu uses your name and address information to fulfill customer needs, such as order fulfillment, billing, and delivery.  If you send us an email, we may use your email address and other information you submit to provide customer service to you. 

    We may also use your personally identifiable information or Automatic Data to administer our internal business activities, such as to design and arrange our website in the most user-friendly manner and to continually improve our website to better meet the needs of our customers and prospective customers, to better understand visitors to our website, to manage customer accounts, to provide customer service, or to make available other products and services to our customers and prospective customers.

    If you choose to receive email from Mario Badescu, we may use your personally identifiable information to send you information and updates about Mario Badescu cosmetic products, tips, and giveaways, as well as changes to our website, new services, and special offers we think you will find valuable.  We will do this only with your permission if you have opted into our newsletter list.

    You may notify us at any time of your desire not to receive these communications, or opt-out, by clicking on a response box when you receive such an offer or by emailing your request to unsubscribe to [email protected].

  4. Disclosure Of Your Information

    No Sale of Your Information

    We are not in the business of selling your personally identifiable information.  We consider this information to be a vital part of our relationship with you.  Therefore, we will not sell your personally identifiable information to third parties, including third party advertisers.  There are, however, certain circumstances in which we may disclose, transfer, or share your personally identifiable information with certain third parties without further notice to you, as set forth below.

    Sharing Information With Parent Companies, Subsidiaries, And Affiliates

    We may share your personally identifiable information with our parent companies, subsidiaries, and/or affiliates for purposes consistent with this Privacy Policy.  Our parent companies, subsidiaries, and affiliates will be bound to maintain your personally identifiable information in accordance with this Privacy Policy.

    Sharing Information With Successors


    As we develop our business, we might sell or buy businesses or assets.  In the event of a corporate sale, merger, reorganization, dissolution, or similar event, personally identifiable information may be part of the transferred assets.  You acknowledge and agree that any successor to or acquirer of Mario Badescu (or its assets) will continue to have the right to use your personally identifiable information and other information in accordance with the terms of this Privacy Policy.

    Sharing Information With Agents, Consultants, and Related Third Parties

    We, like many businesses, sometimes engage other companies to perform certain business-related functions.  These companies may include marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, payment processors, and others.  When we engage another company to perform such functions, we may provide it with personally identifiable information, Automatic Data, or aggregate information about our customers, sales, website traffic patterns, and related website information in connection with its performance of such functions.  However, Mario Badescu does not collect or store credit card information or internet protocol addresses directly; rather, we employ a third party payment processor who collects, stores, and uses such information.  We take measures to select product or service providers that are responsible and afford privacy protections to their customers, such as those that comply with the Payment Card Industry Data Security Standards.  However, we cannot make any representations or assurances about the practices and policies of these third party companies.

    Sharing Information with Strategic Partners

    We may enter into strategic marketing alliances or partnerships with third parties for the purpose of providing you with information regarding products and services that we think will be of interest to you.  In these circumstances, Mario Badescu may communicate with you on behalf of a strategic partner, but strategic partners will not be given access to your personally identifiable information.  In connection with strategic marketing alliances or partnerships, we will retain all ownership rights to the personally identifiable and other information, and we will not share your personally identifiable information.

    Sharing Information Through Social Media

    You may connect to Mario Badescu through your accounts on third party services like Facebook, Twitter, or Instagram, in which case we may collect, use, disclose, transfer, store, and retain information relating to your account with such third party services in accordance with this Privacy Policy.  For example, if you connect with us through Facebook, we store your Facebook ID, first name, last name, email, location, friends list, and profile picture and use them to connect with your Facebook account to provide certain functionality on our website, like recommending events that your Facebook friends are interested in and sharing the events you are interested in with certain groups of people like your Facebook friends.

    Legally Compelled Disclosure of Information

    We may disclose your personally identifiable information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, a court, or a government agency) or in the good faith belief that such action is necessary to (a) comply with a legal obligation; (b) protect or defend our rights, interests or property, or that of third parties; (c) prevent or investigate possible wrongdoing in connection with our website; (d) act in urgent circumstances to protect the personal safety of users of our website or the public; or (e) protect against legal liability.

  5. Your Choices About Use and Disclosure Of Your Information

    People have different privacy concerns.  Our goal is to be clear about what information we collect so that you can make meaningful choices about how it is used.  You may choose to limit the personally identifiable information you submit to us by merely browsing our website without providing your name or other information.  If you do decide not to provide us with your personally identifiable information, you may not be able to use certain functionalities of our website.  To open an account, for example, you must provide your name and email address. 

    Alternatively, you may choose to opt in or out of specific uses of your personally identifiable information.¬† You can view and edit your preferences about whether to receive email communications from Mario Badescu by accessing your account on the Account Login page.¬† If you have registered to receive emails from us, you can opt-out at any time by clicking on the “Unsubscribe” link at the bottom of any such email or by sending a request to unsubscribe by emailing your request to [email protected].¬† Even after you opt out of all electronic communications, we will retain your personally identifiable information according to this Privacy Policy, but we will no longer use it to contact you.¬†
      
  6. Information Security

    Our corporate values, ethical standards, policies, and practices are committed to the protection of customer information.  When you place an order through our website, we encode your information using Secure Socket Layer (SSL) encryption technology.  This is the most advanced consumer online security technique to date.  Our business practices also limit employee access to personally identifiable information and limit the use and disclosure of such information to authorized persons, processes, and transactions.

    Storage of Your Information


    We may store personally identifiable information itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy.  We take what we believe to be reasonable steps to protect the personally identifiably information collected via our website from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction.  However, no network, server, database, or Internet or e-mail transmission is ever fully secure or error free.  Therefore, you should take special care in deciding what information you send to us electronically.  Please keep this in mind when disclosing any personally identifiable information.

    Accessing and Correcting Your Information 

    If you have registered for an account on our website, you may access and update some of your personally identifiable information being stored by us by logging in and visiting the Account Login page.¬† You may also request access to all of your personally identifiable information that we collect online and maintain in our database by emailing us at [email protected]. ¬†If you have not registered for an account on our website, you may create one by signing up, which will give you access to update your personally identifiable information directly. ¬†We will take reasonable steps to respond to requests relating to personally identifiable information within thirty (30) days, however, to the extent lawful, we may reject requests that we find unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical, or abusive (i.e., repetitive requests, requests made in bad faith, or requests that would compromise third party information).

    Information Retention

    We may retain your personally identifiable information as long as you continue to use our website.  You may close your account by contacting us.  However, we may retain personally identifiable information for an additional period as is permitted or required under applicable laws.  Even if we delete your personally identifiable information, it may persist on backup or archival media for an additional period of time.

    Evaluation of Information Protection Practices

    This Privacy Policy is periodically reviewed for compliance with legal requirements and corporate policies and procedures governing the security, confidentiality, and quality of our information.

  7. Cookies, Web Logs, And Similar Technologies
    Please refer to our Cookie Policy, which is hereby incorporated by reference into this Privacy Policy, for more information about our use of these technologies.

  8. Exclusions

    Third Party Links

    Our website may contain links to other websites not operated or controlled by us (the “Third Party Sites”).¬† These links are provided solely as pointers to information on topics that may be useful to the users of our website. ¬†This Privacy Policy applies only to our website. ¬†The policies and procedures we describe here do not apply to the Third Party Sites. ¬†The links from our website do not imply that we endorse or have reviewed the Third Party Sites. ¬†We are not responsible for the practices employed by the Third Party Sites linked to or from our website nor the information or content contained in those sites. ¬†We suggest contacting those sites directly for information on their privacy policies.¬†

    Non-Personal Data

    When you interact with our website, we may also collect non-personal data.  The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer, and storage/retention of personally identifiable information do not apply to non-personal data.  The non-personal data we collect, including, without limitation, Automatic Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of our website, the time of your usage, and aggregated personally identifiable information, but only to the extent the foregoing cannot be used to specifically identify you.  However, if we combine non-personal data with personally identifiable information, we will treat the combined data as personally identifiable information.

    Aggregated Personal Data

    In an ongoing effort to better understand and serve visitors to our website, we may conduct research on our customer demographics, interests, and behavior based on personally identifiable information and other information we have collected.  This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as non-personal data under this Privacy Policy.

  9. Children

    Mario Badescu does not knowingly or intentionally collect any personally identifiable information from children under the age of thirteen (13), and our website is neither directed nor targeted to children under thirteen (13) years of age. ¬†If you are under the age of thirteen (13), please do not submit any personally identifiable information through our website.¬† We strongly encourage parents and legal guardians to monitor their children's use of the Internet and help enforce our Privacy Policy by instructing their children to never provide personally identifiable information through our website without your permission.¬† If you have reason to believe that a child under the age of thirteen (13) has provided personally identifiable information to us through our website, please contact us at (866) BADESCU (866-223-3728) or [email protected], and we will use reasonable efforts to delete such personally identifiable information from our website and our files.

  10. International Privacy Laws

    If you are visiting our website from outside the United States, please be aware that you are sending information (including personally identifiable information) to the United States where our servers are located.  That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us.  We will hold and process your personally identifiable information in accordance with privacy laws in the United States and this Privacy Policy.  Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, privacy laws in your country, and while in the United States personally identifiable information may be subject to lawful access requests by government agencies.

  11. Changes to this Privacy Policy

    Our website and our business may change from time to time.¬† As a result, it may be necessary for us to make changes to this Privacy Policy. Mario Badescu reserves the right, in its sole discretion, to modify or supplement this Privacy Policy at any time. ¬†If a material change to the terms of this Privacy Policy is made, Mario Badescu will post a notice on its homepage and a link to the new policy.¬† Modifications will be effective thirty (30) days following the date of posting such a notice or such other date as is communicated in the notice.¬† Your continued use of our website following the effectiveness of any modifications to this Privacy Policy constitutes acceptance of those modifications. ¬†If any modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing, or otherwise using our website.¬†

  12. Dispute Resolution
    If you have a complaint about Mario Badescu’s privacy practices, you should write to us through Consumer Protection, 123 William Street, New York, New York 10038, or email us at [email protected]. ¬†We will take reasonable steps to work with you to attempt to resolve your complaint.

    DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

    Disputes. ¬†The terms of this section will apply to all Disputes between you and Mario Badescu. ¬†For purposes of this section, "Dispute" means any dispute, claim, or action between you and Mario Badescu arising under or relating to our products, website, this Privacy Policy, and the website Terms and Conditions of Use (“Agreement”), or any other transaction involving you and Mario Badescu, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and will be interpreted to have given the broadest meaning allowable under law. ¬†YOU AND MARIO BADESCU AGREE THAT "DISPUTE" AS DEFINED IN THIS PRIVACY POLICY WILL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR MARIO BADESCU FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. ¬†Moreover, notwithstanding anything else in this Privacy Policy, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

    Binding Arbitration.  You and Mario Badescu further agree to arbitrate all Disputes between the parties pursuant to the provisions in this Privacy Policy.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.  You and Mario Badescu further agree that (a) this Privacy Policy memorializes a transaction in interstate commerce; and (b) the Federal Arbitration Act (9 U.S.C. §§1, et seq.) governs the interpretation and enforcement of this section; and (d) this section will survive termination of this Privacy Policy.  The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.  The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.

    Small Claims Court.  Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.   Mario Badescu does not hereby waive any defense and expressly reserves its right to assert any defense available to it in any such action, whether jurisdictional or otherwise.

    Dispute Notice.  In the event of a Dispute, you or Mario Badescu must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice").  The Dispute Notice to Mario Badescu must be addressed to: Mario Badescu, 1150 King Georges Post Rd, Edison, New Jersey 08837, Attn: LEGAL DEPARTMENT (the " Mario Badescu Notice Address").  The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you.  If Mario Badescu and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Mario Badescu may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

    WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.  YOU AND MARIO BADESCU AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS.  ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

    Arbitration Procedure.  If a party elects to commence arbitration, the arbitration will be governed by the Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) in effect at the time the arbitration is initiated (the "JAMS Procedures"), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this section.  The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.  If there is a conflict between the JAMS Procedures and the rules set forth in this section, the rules set forth in this section will govern.  You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws.  All Disputes will be resolved by a single neutral JAMS arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator.  The arbitrator is bound by the terms of this section.  The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including, but not limited to, any claim that all or any part of this Privacy Policy is void or voidable.  Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; or (d) trademark infringement or dilution, each of which is excluded from the definition of "Dispute" as stated above.  The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  You may choose to engage in arbitration hearings by telephone.  Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from your primary residence, or in New York, New York, at your option.

    a. Initiation of Arbitration Proceeding.  If either you or Mario Badescu decide to arbitrate a Dispute, the parties agree to the following procedure:

    1. Write a Demand for Arbitration.  The Demand must include a description of the Dispute and the amount of damages sought to be recovered ("Demand for Arbitration").  You can find a sample demand for arbitration at http://www.jamsadr.com.

    2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:

    JAMS
    620 Eighth Avenue (NY Times Building)
    34th Floor
    New York, New York 10018, U.S.A.

    3. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to in advance by the parties.

    b. Hearing Format.  In all hearing formats, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based.  During the arbitration, the amount of any settlement offer made by Mario Badescu or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mario Badescu is entitled.  The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.

    c. Arbitration Fees.  Mario Badescu will pay, or (if applicable) reimburse, you for all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or Mario Badescu) pursuant to provisions of this section.

    d. Opt-out. You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written letter to the Mario Badescu Notice Address within thirty (30) days of your first visit to and use of the website that specifies your (a) name; (b) mailing address; and (c) request to be excluded from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this section.  In the event you opt-out consistent with the procedure set forth above, all other terms and conditions in this Privacy Policy will continue to apply, including the requirement to provide notice prior to arbitration.

    Amendments to this section. ¬†Notwithstanding any provision in this section to the contrary, you and Mario Badescu agree that if Mario Badescu makes any future amendments to the dispute resolution procedure and class action waiver provisions in this Privacy Policy (other than a change to the parties’ addresses), Mario Badescu will post notice of such amendments on the website and you will have thirty (30) days from your first visit to or use of the website containing such amendments to affirmatively opt-out of any such amendments. ¬†If you affirmatively opt-out of any future amendments, you agree you will arbitrate any Dispute between us in accordance with the language of this section as stated in this current section, without any of the proposed amendments governing. ¬†If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to such future amendments.

    Severability.  If any provision in this section is found to be unenforceable, that provision will be severed with the remainder of this Privacy Policy remaining in full force and effect.  The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void.  The terms of this section will otherwise survive any termination of the Privacy Policy.

    Exclusive Venue for Other Controversies

    Mario Badescu and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Privacy Policy (other than an individual action filed in small claims court) will be filed only in the New York Supreme Court, Civil Branch, New York County, or the United States District Court for the Southern District of New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

  13. Acceptance Of These Terms

    By using our website, you agree to this Privacy Policy and the Terms and Conditions of Use which are posted on the website. ¬†If you do not so agree, please do not use our website. ¬†If Mario Badescu changes this Privacy Policy or the Terms and Conditions of Use, your continued use of our website following the posting of such changes will signify your acceptance of those changes. ¬†By providing personally identifiable information to Mario Badescu, you fully and unambiguously consent to the collection and processing of your information throughout the world, including, without limitation, in the United States and in other countries that may be considered as having different or less than adequate protection for your personally identifiable information.