- Commitment to Privacy
- Collection Of Your Information
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
- 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].
- 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
Sharing Information With Successors
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
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.
- 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.¬†
- 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
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).
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
- Cookies, Web Logs, And Similar Technologies
Third Party Links
Aggregated Personal Data
- International Privacy Laws
- 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
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.
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.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
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.
620 Eighth Avenue (NY Times Building)
New York, New York 10018, U.S.A.
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.
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.
Exclusive Venue for Other Controversies
- Acceptance Of These Terms