BEAUTY LAB AESTHETICS LLC
PRIVACY POLICY
Beauty Lab Aesthetics LLC dba The Confidence Lab and dba Drip Lab (“BLA” or “we” or “us” or “our”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (this “Policy”). This Policy describes the types of information we may collect from you or that you may provide when you visit our website (the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Website. By accessing or using the Website, you agree to this Policy.
What Kinds Of Information We Collect
When you schedule an appointment with us through the Website or purchase products from us through the Website, you will be asked to provide us with some or all of the following information about you (collectively, “Your Information”):
Date of birth
Name
Mailing address
Telephone number
E-mail address
If applicable, username and password (for account administration)
Credit or debit card information (number, expiration date, security code)
“Before” and/or “after” pictures of you that you upload through or to the Website
Additionally, when you access the Website, we may collect other information that may identify you or relate you as an individual, such as your web browsing device ID, including IP address, and geolocation (if using a mobile application and you consent to providing it). We will not collect personal information from you if you merely visit the Website without registering for an account or otherwise provide Your Information to us. WE DO NOT AUTOMATICALLY COLLECT YOUR INFORMATION (AS DEFINED HEREIN) UNLESS AND UNTIL YOU HAVE SHARED IT WITH US.
To the extent we knowingly obtain certain legally protected information such as social security numbers, medical records/ HIPAA protected information, and/or other similar information, whether such information is yours or a third- party’s that was obtained from you, we will not use such information and destroy it immediately (except to the extent that medical records/ HIPAA protected information and/or other similar information is reasonably necessary for us to have in order for us to provide you with the services you request).
We may display on the Website “before” and/or “after” pictures of you that you upload through or to the Website, unless you specifically request that such pictures not be displayed or you have otherwise declined consent in a writing delivered by you to us. You may revoke any consent to display any such pictures at any time by contacting us by e-mail or U.S. Mail at the addresses provided at the end of this Policy.
Non-Personally Identifiable and Technical Information
Whenever you use a website, mobile application, or other internet service, certain information is created and retained by the website or application. This happens with the Website as well. We collect technical information that does not personally identify you when you use the Website, or information that has been made anonymous (collectively, your “Other Information”), such as:
Log data: Our servers automatically record certain information when you use the Website. Examples include your IP address, the type of browser you are using and its settings, the third-party website you visited immediately prior to accessing the Website, the operating system you are using, the domain name of your Internet service provider, the search terms you use on the Website, the specific Website pages you visit, and the duration of your visits. Although an IP address does not usually identify the visitor personally, it does suggest an individual association in some cases. We may use this information in aggregate to get a better picture of where our visitors come from and how to plan for our future needs. The web server logs may also be used in the course of a fraud investigation or as provided by law.
Cookie data: Like many websites, we use “cookies” to obtain certain types of information when your web browser accesses the Website. “Cookies” are small text files that we transfer to your computer’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as a frequent user of the Website.
We may use “session cookies” (cookies that last until you close your browser) or “persistent cookies” (cookies that last until you or your browser delete them). Examples of the information we collect and analyze form cookies include your activity on the Website, including the URL you come from and go to next (whether this URL is on our site or not). Remember that the cookies that we use do not contain and are not tied to Your Information or other personal data.
If you are concerned about the storage and use of cookies, you may be able to direct your Internet browser to notify you and seek approval whenever a cookie is being set to your web browser or hard drive. You may also delete a cookie manually from your hard drive through your Internet browser or other programs. Please note, however, that some parts of the Website may not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.
How We Use Your Information
We use Your Information and your Other Information as follows:
To present the Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide Your Information.
To provide you with notices about your account, appointments, orders, etc.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to the Website or any products or services we offer or provide.
In any other way we may describe when you provide Your Information.
In addition to the foregoing, we may use the information we have collected from you to enable us to display advertisements to our advertisers’, if any, target audiences. Even though we do not disclose Your Information or any other personal information for these purposes without your consent, if you click on or otherwise interact with any advertisement, the advertiser may assume that you meet its target criteria.
Use Limitations
We treat Your Information as confidential and do not disclose it or use it except as permitted by you, as described in this Policy, or as required by law, subpoena, court order, legal process or warrant. If we are served with a subpoena seeking personal information about you, we will use reasonable efforts to notify you of the request prior to disclosure of such personal information, so as to allow you the opportunity to oppose the subpoena, if you so choose.
Except as specifically provided herein, we will not provide Your Information to unrelated third parties without your explicit, advance permission. However, we may engage third parties to perform analysis or data processing of our databases that could involve access to Your Information. If we do so, we will ensure that such parties are contractually required to keep the information confidential and not to use it in any way other than as is necessary to perform their work for us.
We will not knowingly sell or otherwise provide Your Information, whether as part of a specific, direct sale or as part of a “batch” sale of information to be used for any reason. We will not knowingly sell or provide Your Information to any person, company, association, or organization who we know or have reason to believe has violated, is violating, or will violate the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, the Children’s Online Privacy Protection Act, or any other similar Federal or state law.
Unsubscribe Procedures
As a user of our services and the Website, you have control over the data that we maintain about you and whether you want us to use that information for the purposes stated in this Policy. All registered users of our services may at any time opt-out of receiving notices by clicking on the opt-out link we include in any e-mail we may send you or by contacting us by e-mail or U.S. Mail at the addresses provided at the end of this Policy.
Security Safeguards
We employ security techniques and well-defined employee practices to ensure that data is protected from unauthorized access and use. We hold our employees, representatives, contractors, and business partners accountable for maintaining the privacy and integrity of our users’ information. We strive to keep all personal information accurate, complete, and up to date. We monitor the effectiveness of our compliance with this Policy. If you feel that you have experienced a violation of these privacy policies, you should contact us immediately by e-mail or U.S. Mail at the addresses provided at the end of this Policy.
Access, Review, and Consent
You may review your information that we have at any time by requesting it from us by sending an e-mail to the e-mail address provided at the end of this Policy. You may correct factual errors in your personally identifiable information by notifying us e-mail or by written letter sent to the addresses provided at the end of this Policy. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections.
If you want to know what data we hold about you or wish to change data that is inaccurate or out of date, or to withdraw your consent to the use of Your Information or Other Information, please contact us by e-mail or U.S. Mail at the addresses provided at the end of this Policy. It may not always be possible to completely remove or modify information in our databases, but we will make reasonable efforts to do so upon your request. We do not control how our partners retain, store and destroy data they have accessed in connection with assisting with providing our services.
You give us permission to use the information we have told you we use, for the purposes stated herein, according to the options you indicate via the Website and according to the terms of this Policy. By using the Website, you consent to our sharing Your Information and Other Information with our partners and affiliates as necessary to perform the services you have requested we perform. You may withdraw consent at any time by sending an e-mail or by sending a letter to us at the addresses provided at the end of this Policy.
Social Networking And Third-Party Sites
When you link to the Website through any social networking or third-party sites, applications or services, you are bound by the privacy policy and other terms of use of the social network or third-party site, application, or service. We do not control, and we are not responsible for, the privacy practices of such sites. You should consult the privacy policy of such sites to determine the information practices of those sites.
Policy Regarding Children’s Use of the Website
We strongly believe in the importance of protecting the privacy of children. We will not knowingly collect any personally identifiable information from children under thirteen (13) years of age. When you disclose Your Information on or through the Website, you are representing to us that you are at least thirteen (13) years of age.
If a child under thirteen (13) years of age has provided us with personally identifiable information through the Website or our other services, we request that a parent or guardian contact us immediately by e-mail or U.S. Mail at the addresses provided at the end of this Policy, and we will delete the child’s information from our records.
Business Transfers
As we continue to develop our business, we may sell our business assets or the assets of another business. In such transactions, customer information generally is one of the transferred business assets. In the event that we or substantially all of our assets are acquired, customer information may be one of the transferred assets. You may opt-out of any such transfer by notifying us by e-mail or U.S. Mail at the addresses provided at the end of this Policy.
Retaining Your Data
We retain certain information, including transaction, location, device and usage information, for a minimum of seven (7) years in connection with regulatory, tax, insurance and other requirements. Once such information is no longer necessary to provide the Website or our other services, enable customer support, enhance the user experience, or serve other operational purposes, we take steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.
Severability
If any provision in this Policy shall be deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of this Policy.
Choice of Law, Jurisdiction
This Policy and our use of Your Information and Other Information is governed by the laws of the State of Ohio and of the United States of America without regard to conflict of laws rules. Except as may otherwise be provided in the “Arbitration” section below, you irrevocably consent to the exclusive jurisdiction of the state and federal courts in Columbus, Ohio for purposes of any legal action arising out of or related to the use of the Website or this Policy.
Arbitration
NOTWITHSTANDING ANYTHING IN THIS POLICY TO THE CONTRARY AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND BLA AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and us and/or our agents, employees, members, officers, directors, principals, successors, assigns, and/or affiliates, arising from or relating to this Policy and its interpretation or the breach, termination or validity thereof, the relationships which result from this Policy, including disputes about the validity, scope or enforceability of this arbitration provision, will be settled by binding arbitration in Franklin County, Ohio administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days’ advanced written notice of its intent to file for arbitration. We will provide such notice by e-mail to your e-mail address on file with us and you must provide such notice by e-mail at the address provided at the end of this Policy with “Legal Dispute” appearing in the subject line. During such 60-day notice period, you and BLA will endeavor to amicably settle any disputes by mutual discussions.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees and expenses associated with the arbitration that we have paid, including attorneys’ fees.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which you and BLA hereby waive, and the arbitrator will apply applicable law and the provisions of this Policy. BLA and you agree that any dispute will be submitted to arbitration on an individual basis only. NEITHER BLA NOR YOU ARE ENTITLED TO ARBITRATE ANY DISPUTE AS A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of these arbitration provisions is found to be unenforceable, the unenforceable provision(s) will be severed and the remaining arbitration terms will be enforced. Regardless of any statute or law to the contrary, notice on any claim arising from or related to this Policy and/or our use or other acts or omissions with respect to Your Information and/or Other Information must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, this Policy and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C.§§ 1-16.
California Rights.
Under California Civil Code sections 1798.83-.84, California residents who have established a business relationship with us may request from us a notice describing what categories of personal information we share with third parties or affiliates for those third-parties’ or corporate affiliates’ direct marketing purposes. Such notice will identify the categories of information that we shared and will include a list of the third parties and affiliates with whom the information was shared, including their names and addresses. If you are a California resident and would like a copy of this notice, you must submit a written request to us by U.S. Mail at 170 W. Olentangy St., Powell, Ohio 43065. We will respond within sixty (60) days after the date we receive such request.
International
This English-language Policy is our official statement of our privacy practices. In case of any inconsistency between this English-language Policy and its translation into another language, this English-language document prevails.
Changes
We may change this Policy at any time for any reason. Your continued use of the Website after we publish any such changes indicates your acceptance of any changed terms. Please check the Website periodically for changes. In the event that we change this Policy, we will post a message on the home page of the Website that states that the Policy has been changed and will provide a link to the updated Policy.
Contact Us
If you have any questions, requests, concerns, complaints, issues, and/or other reason to notify us, please contact us by e-mail or U.S. Mail at:
Beauty Lab Aesthetics LLC
Attention: ________________
4038 West Powell Rd.
Powell, Ohio 43065
E-mail: __________________
Effective Date
The foregoing policies are effective as of the date first written above.
Reservation of Rights
All rights not expressly granted herein are reserved by Beauty Lab Aesthetics LLC.