Skin Pharm, LLC Privacy Notice

Last Updated: May 5, 2021 

Skin Pharm, LLC (together with all subsidiaries and affiliates, collectively “Skin Pharm” “we,” “us,” or “our”) respect your privacy. This Privacy Notice explains how we collect, use, disclose, and protect Personal Information (defined below) through your online interaction with Skin Pharm, and your choices about the collection and use of Personal Information.

This Privacy Notice applies to Personal Information collected or processed by or on behalf of Skin Pharm via its websites and its subsidiary websites, apps, social media pages, or other platforms that link to this Privacy Notice (collectively, the “Site”).   This Privacy Notice does not apply to websites controlled by Skin Pharm that do not link to this Privacy Notice or to third-party websites linked from our websites.

  1. Why we collect your information

The term “Personal Information” or “Personal Data” can have different meanings depending on applicable law. In general, we use the term “Personal Information” or “Personal Information” to mean information that can uniquely identify you, but if a different definition applies under applicable law, we will use that definition.

We collect Personal Information about you for a number of reasons, including:

To provide you the products and services you requested. This includes 

  • to process your payments and contact information to provide you with the products or items you ordered through our Site. 
  • to book an appointment through our Site;
  • to complete the registration process and set up an account on our Site. 

For our internal efforts to operate and improve our business. This could include:

  • to quickly process user requests for information and to allow us to respond efficiently to user questions;
  • to monitor Site statistics;
  • to create de-identified or aggregated data relating to the use of our services and offerings;
  • to respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s request;
  • to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Site, to help protect the security or integrity of our Site, or to enable us to take precautions against liability; and
  • to provide information to service providers or such companies who provide support for the operations of our Site and who do not use or disclose the information for any other purpose.

For advertising and marketing purposes. This could include:

  • to contact users with updates and relevant information about our products and services because they have signed up to do so through our Site; If you would no longer like to receive promotional emails or other communications from us, please refer to the “Opting out of receiving electronic communications” Section below;
  • Sending you information on promotions or surveys, promotion or contest we offer, or information about us and our events.
  • Enhancing, personalizing and evaluating the effectiveness of the content of our Site, our communications with you, and our advertising and marketing.

For our general administrative purposes. For example, we may need your information to tell you about important changes to the Site, manage your registered account, or provide account credit or other customer service to you. We may also need your information to administer promotions or programs we offer.

For social-media engagement. We use social-media accounts (including Facebook®, Twitter®, YouTube®, Amazon®, Pinterest® or Instagram®) to engage with the public. This engagement allows us to build online awareness about our company and our products; respond to messages through the comment, message, or chat functions; collect aggregated information about interactions with our content; analyze trends; identify and profile brand advocates and key influencers; and conduct social-media listening of conversations about our company and our products. When you engage with us through our social-media channels, the platform providers will also process information about you. For further information, please consult the privacy policy of the platform provider.

For security purposes, as necessary to help us protect against, identify, or investigate fraud or other criminal activity.

For other legal purposes, if we have a legal obligation, or need to pursue or defend against legal claims, for which we need to process your information.

For communication purposes, to get in touch with you in connection with any of the reasons discussed above.

  1. How long we keep your Personal Information

We will retain your Personal Information for at least as long as necessary to fulfill the purposes for which it has been collected, as outlined in this Privacy Notice, or any longer retention period required by law.  

  1. What Personal Information we collect about you

Information that you provide us

In various places on the Site we may request Personal Information from you, for example via forms we ask you to complete.  The exact Personal Information we need to collect will depend on the purpose for which we request it, but may include:

  • Contact and Demographic Information. When you engage with us via the Site, we may collect various kinds of Personal Information about you including, your name and email address; and telephone number. We also acquire your Internet protocol address and/or mobile device identification.
  • Payment Information.  If you make a purchase, a third-party payment processor, such as Square or PayPal, may collect your payment information including your name, email address, credit card information and billing address.  We may also collect your purchase details.  
  • Account Information – If you register for an account or send us questions or comments via e-mail, we may also collect user information.

Information gathered automatically. When you visit the Site, we may automatically collect information directly or through our third-party analytics providers. That information may include:

  • Cookies, Device Identifiers, and Similar technologies

When you use or access the Site, we and our service providers use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect usage and browser information about how you use the Site.  We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Site, to enhance your experience through personalization, and to help us better understand the features of the Site that you and other users are most interested in.  

Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site may not be available or some functionality may be limited or unavailable.  Please review the help pages of your browser or mobile device for assistance with changing your settings.

Some of our service providers may use cookies or other methods to gather information regarding your use of the Site, and may combine the information in these cookies with any Personal Information about you that they may have.   The use of such tracking information by a third party depends on the Privacy Notice of that third party.  We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.

  • Analytics

To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services, including Google Analytics.  For more information on Google Analytics’s processing of your information, please see “How Google uses data when you use our partners’ sites or apps.”   You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

  • Log File Information

When you use the Site, our servers may automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Site), domain names associated with your internet service provider, information on your interaction with the Site, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients. 

We use Log File Information collected to analyze the effectiveness of our Site to improve the Site’s function and content.  

  • SMS Marketing 

The Skin Pharm mobile message service (the "Service") is operated by Skin Pharm, LLC (“ Skin Pharm ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Skin Pharm’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Skin Pharm through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Skin Pharm. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Skin Pharm mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email hello@skinpharm.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice at https://skinpharm.com/pages/privacy-policy

  1. Disclosure of Personal Information

We will not disclose Personal Information except as set forth in this Privacy Notice or with your consent. This section describes to whom we disclose Personal Information and for what purposes.

  • Subsidiaries.  We disclose Personal Information to our subsidiary businesses.  Our subsidiary business may use Personal Information in accordance with this Privacy Notice, including for those subsidiaries’ marketing purposes.
  • Our Service Providers. We engage service providers to perform tasks on our behalf and to assist us in operating the Site and providing our services. For example, we engage third parties to provide analytics services, send newsletters, and maintain Site functionality. We take commercially reasonable steps to help ensure our service providers provide at least the same level of protection for Personal Information as we do.
  • Companies Involved in Mergers and Acquisitions Transactions.  If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site, including Personal Information, may be among the items sold or transferred. 
  • Law Enforcement, Government Agencies, and Courts.  We may disclose Personal Information at the request of law enforcement or government agencies; in response to subpoenas, court orders, or other legal process; to establish, protect, or exercise our rights; to defend against a legal claim; to protect the rights, property, or safety of any other person; or as otherwise required by law.
  1. How we protect your Personal Information

We use our commercially reasonable efforts to protect the confidentiality and security of Personal Information we process. For example, when we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer).

Despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties. If you notice or suspect any security violations, please contact us by sending an email to privacy@skinpharm.com.

  1. Accessing, updating, or deleting Personal Information

If you would like to access, update, or delete Personal Information about you, you may submit a request using the contact information in Section 13, below. We will promptly review all such requests in accordance with applicable law.

If you are a resident of California, please see the information below in Section 14 (California Residents) for more information regarding your rights.

  1. Opting out of receiving electronic communications

We may send newsletters, notifications, promotions, or other information to you, for example, via email and SMS (“Communications”).  You may choose to stop receiving Communications by clicking on the unsubscribe link at the bottom of our emails.  Please note that certain commercial Communications are necessary for the proper functioning and use of the Site, and/or providing our products and services to you, and you may not have the ability to opt out of those Communications.  

  1. International use of the site

If you are using our websites from outside the United States, please be aware that Personal Information will be collected, stored, and processed in the United States.  

  1. Children’s privacy 

We do not knowingly collect or solicit any Personal Information from children under the age of 16.  In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that information.  If you are a parent or legal guardian and think your child has given us their Personal Information you can email us at privacy@skinpharm.com or contact us using the information listed in Section 12.

  1. Links to third-party websites

We are not responsible for the practices employed by any websites or services linked to or from the Site, including the information or content contained within them.  We encourage you to investigate and ask questions before disclosing Personal Information to third parties, since any Personal Information disclosed will be subject to the applicable third party’s privacy notice.

  1. Your rights

Depending on your relationship with us and where you are located, certain rights may apply with respect to your personal data.  Please contact us using the information in Section 12 for more information about your rights, and how to exercise them.  

  1. Contact us

If you have any questions about this Privacy Notice or the Site, please submit a request using the following information:

Email: privacy@skinpharm.com

Skin Pharm, LLC

803 2nd Ave S

Nashville, TN 37215

  1. California residents

This section applies to our collection and use of “Personal Information” if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).  When we use the term “Personal Information” in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household.  Please note that the CCPA is experiencing further changes as part of the rulemaking activity process.  As a result, please check back often as this Section may change to comply with future CCPA requirements.

If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in Section 12 above.

  1.  Categories of Personal Information Collected, Used, and Disclosed

In accordance with California law, we may have collected and disclosed the following categories of Personal Information within the past 12 months:

Categories of Personal Information Collected & Disclosed

Identifiers – A real name, Internet Protocol address, or email address, 

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – e.g., a  name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories

Internet or other similar network activity – Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Geolocation data – Physical location or movements.  

Inferences drawn from other Personal Information – Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Protected classification characteristics under California or federal law – Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Professional or employment-related information – Current or past job history or performance evaluations.    

We disclose each of these categories of Personal Information to our service providers to the extent necessary for them to facilitate our business purposes.  We also disclose this Personal Information for the purposes set forth in Section 4 above. 

In the last 12 months, we do not have knowledge that we sold any Personal Information of California Consumers, nor actual knowledge that we sold the Personal Information of California Consumers under the age of 16 years old. The CCPA defines “sale” as:  selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information to another business or third party for monetary or valuable consideration.  If we do sell your Personal Information, we will notify you, and if you submit to us a verifiable consumer request we will disclose to you a list containing the categories of Personal Information that we sold in accordance with the CCPA’s requirements.  

  1. Your California privacy rights

If you are a resident of California, you may have the following rights:

Privacy Right

Description

Notice

You have the right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.

Access

You may have the right to request the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You may also have the right to request the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.

Data Portability

You may have the right to receive the Personal Information you have previously provided to us. 

Erasure  

You can request to have your Personal Information deleted and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required or permitted to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); or (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

To Opt Out  

You can request to opt out of us selling your information Personal Information.  To exercise this right please click here and follow the instructions to submit your request.

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to privacy@skinpharm.com or call us at: (615) 582-6726.    

We must verify your identity before fulfilling your requests.  If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.  

We may deny certain requests, or only fulfill some in part, as permitted or required by law.  For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes (e.g., tax accounting).  You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights.

The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

  1. Changes to this Privacy Notice 

We may modify or update this Privacy Notice from time to time, so please review it periodically. We may provide you with notice of material changes to the Privacy Notice as appropriate under the circumstances. Unless otherwise indicated, any changes to this Privacy Notice will apply immediately upon posting to the Site.  You can tell when changes have been made to the Privacy Notice by referring to the “Last Updated” legend on top of this page. Your continued use of our Site and/or utilization of any Site benefits after this Privacy Notice has been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of the Privacy Notice.