Privacy policy

LAST UPDATED AND EFFECTIVE:  April 11, 2022

WHO IS COLLECTING MY PERSONAL DATA?

Mario Badescu Skin Care, Inc. ("us," "we," or "our") offers and maintains the website(s) located at WWW.MARIOBADESCU.COMincluding all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, and other platforms (collectively, the “Site”).  When you visit the Site, you may choose to provide us with personal data that identifies you.  This Privacy Policy explains how we process and use your personal data, and it applies regardless of how you access the Site.  Please take time to read this Privacy Policy carefully.

BY CHECKING THE BOX PROMPT BEFORE SUMITTING DATA TO US, YOU EXPRESSLY AGREE TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL DATA SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY.

 
WHAT PERSONAL DATA DO YOU COLLECT?

When you provide it to us, we collect information that identifies you (“Personal Data”), such as your:

  • Name
  • Email address
  • Address
  • Telephone number
  • Birthday
  • Payment information
  • Content of your messages to us, including email, texts, and chats. 

When you visit the Site or text us, we collect data from the device or browser through which you access the Site (“Log Data”), such as:

  • Your internet protocol (“IP”) address
  • Browser type
  • Browser version
  • Your cellular service provider
  • Statistics on your engagement with us and activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site, texts viewed)
  • Information about how you came to the Site
  • Data collected through Cookies or other similar technologies discussed in more detail in our Cookie Policy.

Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you.

 
HOW DO WE USE YOUR PERSONAL DATA?

We use your Personal Data for the purposes for which you provided it, including to:

  • fulfill your product or service needs;
  • register your online account;
  • maintain our own accounts for billing and delivery;
  • send you cart reminders;
  • advise you about products, services, offers, or events that may be of interest to you;and
  • provide customer service to you; 

We may also use your Personal Data or Log Data to administer our internal business activities, including to:

  • design and arrange the Site in the most user-friendly manner;
  • better understand customer trends and requirements and visitors to the Site;
  • create non-personally identifiable data to be used for marketing;
  • manage your account; and
  • provide a service that is reliable, responsive, and efficient.

In addition, we may use third-party services and advertising networks, such as Google Display Network or Google Analytics, that collect, monitor, and analyze Log Data to deliver online behavioral advertising that serves ads to you on our behalf on other sites throughout the Internet.  We may also contract with third-party vendors to send direct mail or catalogs to customers whom we think may be interested in our products or services. 

 

HOW DO YOU SHARE MY PERSONAL DATA?

NO SALE OF PERSONAL DATA

We will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain third parties after obtaining your consent. By checking the box prompt before submitting your data to us, you expressly consent to our sharing your Personal Data, as set forth below.

SHARING PERSONAL DATA WITH AFFILIATES, SUCCESSORS, AND AGENTS

For purposes consistent with this Privacy Policy, we may share your Personal Data with:

  • our parent companies, subsidiaries, and/or affiliates;
  • successors who acquire your Personal Data if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure;
  • other companies we engage to perform business-related functions, such as:
    • vendors who provide services to our customers;
    • marketing agencies;
    • database service providers;
    • backup and disaster recovery service providers;
    • email service providers; and
    • payment processors.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. Third parties with whom we share your Personal Data have agreed to be bound to maintain and use it securely and only in accordance with this Privacy Policy.

SHARING DATA THROUGH SOCIAL MEDIA

We work with social media sites like Facebook, YouTube, Instagram, Pinterest, Twitterm and Google, and with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products, and generate interest in our products and services among members of your social networks.

Using these integrated tools enables you to share your Personal Data with other individuals or the public, depending on the settings that you have established with social networking websites. If you use third party social media features available on our Site, we or the third party may collect or share your data, including your Personal Data.  

If you do not want us to be able to access information about you, including Personal Data, from Third Party Sites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites.  We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate.  

LEGALLY COMPELLED DISCLOSURE OF PERSONAL DATA

We may disclose your Personal Data if required to do so by law or in our good faith belief that such action is necessary to:

  • comply with a legal obligation;
  • protect or defend our rights, interests, or property, or that of third parties;
  • prevent or investigate possible wrongdoing in connection with the Site;
  • act in urgent circumstances to protect the personal safety of users of the Site or the public;
  • protect against legal liability.
 
WHAT ARE MY RIGHTS ABOUT THE PROCESSING OF MY PERSONAL DATA?

Unless subject to an exemption under the GDPR, you have the following rights:

  • Consent: You have the right to withdraw your consent to the processing of your Personal Data at any time.
  • Access: You have the right to access a copy of your Personal Data that we hold about you.
  • Accuracy: You have the right to correction of any inaccurate or out of date Personal Data.
  • Portability: You have the right to our transmission of your Personal Data directly to another data controller, where possible and applicable.
  • Deletion: You have the right to delete your Personal Data when we no longer need it.
  • Object: You have the right to object to the processing of your Personal Data, where applicable. We do not sell Personal Data, however.

To exercise any of these rights, please email us at CS@MARIOBADESCU.COM with the phrase “Privacy Opt-out” in the subject line and specify what you would like us to do (for example, Send me my data, Correct my data, Delete my data, Restrict use of my data, etc.). To stop email communications from us, you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages. To stop text messages, text “STOP” to any of our messages at any time. You may also access and correct some of your Personal Data by logging into your online account, if you have one. If you choose to limit our use of your Personal Data, you may not have access to certain functionality of the Site, such as promotions, product information, or opportunities.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you also have the right to request information from us regarding the manner in which we process certain Personal Data or categories of Personal Data. Under California law, you have the right request the following information, which you may do by emailing us at CS@MARIOBADESCU.COM or calling us at 1-800-223-3728:

  •       the categories of Personal Data we collected, sold, or disclosed in the prior 12 months;
  •       the pieces of Personal Data we collected about you in the prior 12 months;  
  •       our business purposes for collecting or selling Personal Data; 
  •       the categories of sources from which we collected Personal Data in the prior 12 months;
  •       the categories of third persons with whom we sold or shared Personal Data in the prior 12 months; 
  •        
  •       the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; 
  •       the names and addresses of the third parties that received the information; and, 
  •       if the nature of the third party's business cannot be determined from their name, examples of the products or services they marketed. 

We may provide this information in a standardized format that is not entirely specific to you.  You also have the right to equal treatment regardless of your exercise of your privacy rights.

 
IS MY PERSONAL DATA SECURE?

We secure your Personal Data by: keeping Personal Data up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting Personal Data from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate technical measures are in place to protect Personal Data.  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 Personal Data you send to us electronically. 

 

HOW LONG WILL YOU KEEP MY PERSONAL DATA?

You may close your account, unsubscribe to emails, and otherwise limit our use of your Personal Data by contacting us. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.

 
HOW DO YOU USE COOKIES?

WHAT ARE COOKIES?

A cookie is a piece of information that is placed on your web browser or device when you access and/or use the Site. Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages.

WHAT DO YOU USE COOKIES FOR?

We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier. We use cookies to:

  • monitor and analyze how you use the Site;
  • remember your preferences to make your online experience easier and more personalized;
  • track your cart activity;
  • route Site traffic to effectively distribute the Site workload across servers; and
  • test new features.

The Site uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. In the future, we may use cookies placed by third parties to deliver focused online banner advertisements to you both on and off the Site.

HOW CAN I MANAGE COOKIES?

You can manage cookies through your web browser's option settings. You may be able to be notified when you are receiving new cookies and disable or delete cookies. Please refer to your web browser's help section for information on whether you can and how to do this.

Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, Rakuten, and Yahoo! among others. You can control your preferences directly with each such third party service provider.

You can learn more about cookies at the following third-party websites:

Note that if you disable, delete, or refuse to accept cookies, you may not be able to use some features of the Site and/or some of our pages might not display properly.

 
WHAT DATA IS NOT COVERED BY THE PRIVACY POLICY?

The limitations in and requirements of this Privacy Policy do not apply to:

  • Third Party Sites: Any data you disclosed on websites not operated or controlled by us (“Third Party Sites”), even though we may provide links to them on the Site or in our emails. We are not responsible for the policies and practices employed by, or the content of, Third Party Sites. We suggest contacting those sites directly for information about their privacy policies and practices.
  • Non-Personally Identifiable Data: Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated Personal Data, but only to the extent the foregoing cannot be used to specifically identify you.
  • Aggregated Personal Data: Any aggregated Personal Data that can no longer be used to identify you will be treated as non-personally identifiable data under this Privacy Policy.
 
DO YOU COLLECT THE PERSONAL DATA OF CHILDREN?

We do not intentionally or knowingly collect any Personal Data from children under the age of thirteen (13), nor do we target our emails to them. Children under the age of thirteen (13) should not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's use of the Internet and instruct them to never provide Personal Data through the Site. If you believe a child under the age of thirteen (13) may have provided Personal Data to us through the Site, please contact us at CS@MARIOBADESCU.COM, and we will use reasonable efforts to delete it from the Site and our files.

 
INTERNATIONAL PRIVACY LAWS

If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Data) 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 Personal Data 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, the privacy laws in your country, and while in the United States Personal Data may be subject to lawful access requests by government agencies.

 
WHAT IF YOU CHANGE THIS PRIVACY POLICY?

We may occasionally make changes to this Privacy Policy. If we wish to use your Personal Data for a new purpose not covered by this Privacy Policy, we will provide you with a new Privacy Policy explaining this new use prior to commencing the processing of your Personal Data pursuant to the new Privacy Policy and setting out the relevant purposes and processing conditions. Whenever necessary, we will seek your prior consent to the new processing. If we change this Privacy Policy, your checking the box prompt before submitting Personal Data to us will signify your express consent to new uses of your Personal Data.

 
HOW CAN I RESOLVE A PRIVACY DISPUTE WITH YOU?

If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint under the arbitration procedures described in the Dispute Resolution section of the Site’s Terms of Use. BY CHECKING THE BOX PROMPT BEFORE SUBMITTING YOUR DATA TO US, WE EACH AGREE TO SETTLE DISPUTES ONLY BY NON-CLASS, INDIVIDUAL ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS). THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LIMITED DISCOVERY RIGHTS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD.

To initiate an arbitration proceeding, you must send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”). The Dispute Notice must be addressed to: Mario Badescu Skin Care, Inc., 320 East 52nd Street, New York, NY 10022 and sent to us by certified mail as described in the Dispute Resolution section of the Site’s Terms of Use. If we do not reach an agreement to resolve your privacy complaint within sixty (60) days after we receive your Dispute Notice, you may commence an arbitration proceeding under the Dispute Resolution section of the Site’s Terms of Use.

 
HOW CAN I CONTACT YOU?

If you have any questions about this Privacy Policy, our practices, or your dealings with us, or to exercise any and all of your rights, please contact us at CS@MARIOBADESCU.COM