This Mother's Day, become a concierge member and save 20% on premium skincare. Shop Now

Privacy Policy

Welcome to THE SKIN CONSULT. As used in this Privacy Policy, “TSC,” “The Skin Consult”, “we,” “us” or “our” refers to THE SKIN CONSULT, INC., a Delaware corporation, and its subsidiaries and affiliates, and all websites, applications, content, products and services (individually, a “Service” and collectively, the “Services”), made available by TSC, which Services are accessible through TSC’s website at www.theskinconsult.com, any other websites through which TSC makes the Services available, mobile device applications, instant messenger services, Short Message Service, other electronic dialog systems application for mobile devices (collectively, the “Platform”).

Your privacy is very important to us and we strive to be transparent in our collection and use of your information. This Privacy Policy explains what information we collect from or about you, how we collect it, how we use it, who we share it with, and your choices related to your information. The Privacy Policy is part of our Terms and Use (available at https://dashboard.theskinconsult.com/terms.html. The terms in the Privacy Policy (such as, but not limited to, “Customer”, “User”, “Skincare Consultant”, “Skincare Consultation”, etc.) have the same meaning as in our Terms of Use.

For certain information provided to us through some of Platform and Services, we may have entered into other agreements (i.e. the “Transaction Documents as defined in the Terms of Use, that govern our use of such information (the “Transaction Documents”). This Privacy Policy supplements the Transaction Documents. If you are using the Platform for obtaining Skincare Consultations with Skincare Consultants, this Privacy Policy does not govern our use of Protected Health Information (as defined below) provided to us through the Platform and Services. Our use of such information is governed by the Transaction Documents with your Skincare Consultant and applicable law, including without limitation HIPAA (as defined below). Your Skincare Consultant’s collection, use, disclosure, and transfer of such information is governed, in turn, by your Skincare Consultant’s terms and conditions and privacy practices between you and your Skincare Consultant. Please submit all requests and questions related to your Protected Health Information directly to your Skincare Consultant.

When you use our Platform and Services you accept and agree to both the Terms of Use and to the Privacy Policy. By using the Platform and Services, you are consenting to our collection, use, disclosure, and transfer of your information as described in this Privacy Policy. This Privacy Policy is not a contract and does not create any contractual rights or obligations. Your use of the Platform and Services is governed by our Terms of Use. If you do not agree to be bound to the Privacy Policy, you should stop using the Platform and Services immediately. By accessing and using our Platform and Services you affirm that you have read the Terms of Use and the Privacy Policy and that you understand, agree and acknowledge to all the terms contained in both of them.

COLLECTED INFORMATION

To let us operate the Platform effectively and to let you use the Platform and Services, we may have to collect your personally identifiable information which is defined as information that can be used to identify, contact or locate you or that relates to you (“Personal Information”) Examples of Personal Information may include your first and last name, e-mail address, phone number, billing and payment information, search terms, profile information, log data (information such as your computer, Internet Protocol address (“IP”), pages that you visit and the amount of time spent on those pages, actions you take and other statistics), information related to the Skincare Consultations or your need for Skincare Consultations, and any information which is exchanged between you and your Skincare. Personal Information includes Location Information and may include Usage Data (defined below). In this Privacy Policy, we do not include Protected Health Information (defined below) in the definition of “Personal Information” because Protected Health Information has different treatment under HIPAA (defined below) and other applicable laws. Accordingly, it is handled differently under the Transaction Documents and, if you are a patient, your Protected Health Information is subject to your Skincare Consultant’s terms of service and privacy practices.

“Location Information” is a type of Personal Information that can be used to locate the device you use to access the Platform and Services. Location Information includes (i) the location of the device derived from GPS or Wi-Fi use, (ii) the IP address of the device or internet service used to access the Services, and (iii) any other information you or others make available that indicates your current or prior location. “Usage Data” is information that we automatically collect about your use of the Platform and Services and your device, such as your IP address; your device’s MAC address, web browser, operating system, device model and manufacturer; performance issues; or your activity on the Services. Usage Data is generally not Personal Information, but may be in some instances.

In some cases, Personal Information that you give to us is considered “Protected Health Information” which is personally identifiable health information that is protected by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). See the definition of Personal Information above for more information on the treatment of Protected Health Information. You may decide which Information, if any, you would like to share with us, but some functions of the Platform may not be available to you without providing us the necessary Information. By deciding to provide the Information you agree to our methods of collections and use, as well to other terms and provisions of this Privacy Policy.

THE INFORMATION COLLECTED DURING YOUR USE OF THE PLATFORM AND SERVICES INCLUDES THE FOLLOWING:

  1. Submitted Information. As part of using the Platform and Services, you may submit certain information to us. For example, when you register for an Account on the Platform, we will collect Personal Information from you, including your first and last name, e-mail address, phone number, billing and payment information, and search terms. To the extent you provide your permission through our mobile application, we may also collect certain information from other apps on your mobile device. To the extent you decline to share certain information with us, we may not be able to provide some or all of the features and functionalities found on the Platform and Services.
  2. Payment Information. When you purchase products through the Platform and Services, you may be asked for your credit card, billing address, or other payment information. We use third party payment services providers to process payments on our behalf, and as a result we do not actually receive your credit card number or other payment instrument information.
  3. Automatically Collected Information When you use the Platform and Services, we gather certain non-personally identifiable information from you, and this information can be associated with your user account. This includes Usage Data, such as information on when, how often and for how long you use the Platform and Services, as well as server log data such as a computer’s IP address, browser type or the webpage you were visiting before you came to the Platform and Services.
  4. Social Networking Information. You may share information from the Platform and Services through a social networking site such as Facebook (“Social Services”). Integration with Social Services allows us to offer a more personalized experience to you when you use the Website. If you share information on Social Services, the Social Service may provide us with access to certain information that you have provided to that Social Service (such as your profile picture, interests, and connections), and we will use, store and disclose such information in accordance with this Privacy Policy. Please remember that the manner in which Social Services use, store and disclose your information is governed by the terms and conditions and privacy policies of each Social Service, and not us.
  5. Tracking and Cookies. The Platform and Services may use both web beacons and cookies to collect information. “Beacons” (also often referred to as “pixels”) are tiny graphics on a web page designed to track when a page is viewed. “Cookies” are small text files containing a string of alphanumeric characters that are downloaded by your web browser or mobile device when you visit a website. We may use both session cookies and persistent cookies when you access and use the Platform and Services. Cookies may be used, for example, to remember your user account information and your preferences, to customize the interface of the Platform and Services for you and to assist us in measuring and analyzing Service traffic. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Platform and Services. Persistent cookies can be removed. Please review your browser’s documentation to learn the best way to modify your cookie settings. Like many websites, the Platform and Services does not currently respond to “do not track” browser headers. However, you can take steps to limit tracking by erasing cookies from your computer’s hard drive and by setting your browser to block all cookies or warn you before a cookie is stored.
  6. Analytics. We use certain third party services to assist us in analysis, auditing, research, and reporting regarding the Platform and Services. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, we use Google Analytics to help collect and analyze certain information for the purposes discussed in this Policy. For more information about Google’s privacy practices relating to Google Analytics, please visit www.google.com/policies/privacy/partners/.
  7. Retailers. Our Platform and Services may include links to third party retailers’ websites. When making purchases or using other services provided on such websites, you may submit certain information to the applicable third party retailers, including Personal Information such as your first and last name, e-mail address, date of birth, telephone number and credit card information. We receive information collected by such third party retailers, including certain demographical information (such as name and date of birth), and purchase history as well as product feedback. Please note this Privacy Policy does not apply to information that you may submit to third party retailers, other than any portion of such submitted information that we receive from the third party retailers, to which this Privacy Policy will apply. We encourage you to request from such retailers the applicable privacy policies and other terms and conditions before making a purchase or using their services.
  8. Location. We will obtain your zip code number, and with your permission, your precise physical location when you are using the Platform and Services, in order to provide the features and functionality of the Platform and Services.Use of Information.

WE MAY USE THE INFORMATION WE COLLECT AS FOLLOWS:

  1. Provision of Services. We may use collected information for the purposes for which you provided the information including, for example, to generate skincare products recommendations for you, to create and maintain an Account for you, communicate with you, provide customer support, or to respond to a question when you contact us and provide customer support. We also use the collected information as necessary to provide the features and functionality of the Platform and Services to enhance your experience when using the Platform and Services, such as tailoring content and advertising and remembering your preferences, and as reasonably necessary for our business operations.
  2. Facilitate Skincare Consultations. We may use collected information to enable and facilitate Skincare Consultations with Skincare Consultants to match you with a Skincare Consultant, and to provide information to, receive information from, and otherwise interact with a Skincare Consultants through the Platform and Services.
  3. Updates and Troubleshooting. We may also use the collected information to contact you regarding updates or modifications to the Platform and Services or to help troubleshoot problems, provide you with required notices in connection with disputes between you and another user or alert you to changes in our policies or agreements that may affect your use of the Platform and Services.
  4. Personalized Content. We may use the collected information to personalize the Content that you and others see based on personal characteristics or preferences.
  5. Analytics and Improvements. We may also analyze collected information relating to your use of the Platform and Services in order to help us improve the Platform and Services and develop and improve other products and services.
  6. Promotional Offers We may use the collected information to provide you with promotional materials and offers. However, we will give you the ability to opt out of receiving such e-mails in accordance with applicable law. We will not provide your personally identifiable information to third parties for their own marketing purposes without your consent.
  7. For Legal Purposes. We will use your information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.
  8. Combination. We may combine personal information collected through the Platform and Services with other information that we or third parties collect about you in other contexts—such as our communications with you via e-mail, phone, or your customer service records.
  9. Sharing Information. We may share your information internally and with third parties as further described in the Disclosure of Information section of this Privacy Policy. Our Platform and Services may include features that by their nature support sharing certain information with other Users of your choice. Those Users can see your User name, information you add to your profile, and any comments or files you choose to share. Any information that you submit to such a public area of our Platform and Services, including for example a Social Services page or User comments page, will not be treated as confidential and will be publicly disclosed.

    We may link Usage Data to the Personal Information we have collected about you. If we link this Usage Data to your Personal Information, we will treat such linked Usage Data as Personal Information.

    We may also de-identify your information or aggregate your information with other Users of the Platform and Services (“De-Identified Information”). This De-Identified Information is not Personal Information because it cannot be used to identify you, and may be used by us for any lawful purpose.

    Additionally, we may use your information for any other reason we tell you (i) when we collect it, (ii) in a Transaction Document, or (iii) in an authorization or consent.

DISCLOSURE OF INFORMATION

We may share your information (i) for the reasons we tell you when we collect it, in a Transaction Document, or in an authorization or consent, or (ii) in the following ways:

  1. At Your Direction. We may share your information with third parties when you direct us to. For example, if you request that we share your information with one of our business partners to take advantage of a feature that partner offers, we will share your information with that business partner.
  2. Internally. We may share your information internally (e.g., with our affiliates) in order to provide you the Platform and Services, to provide the Platform and Services to other Users, to offer you other services, and to improve our Platform and Services or develop new ones.
  3. With Skincare Consultants. We may share your information with Skincare Consultants to enable and facilitate Skincare Consultations, to match you with a Skincare Consultant, and to provide information to, receive information from, and otherwise interact with a Skincare Consultants through the Platform and Services.
  4. With Our Vendors. We may share your information with our vendors (including third-party hosting providers) that we use to provide the Platform and Services or that provide services to us, such as for online account access, email marketing, advertising, promotions, newsletters, notices and other communications, or that assist us in monitoring, improving, and hosting the Platform and Services. Such vendors may contact you regarding their products and services.
  5. Transactions. If you make a purchase through the Platform and Services, the seller(s) of the product(s) shall receive your order information, including your name, contact and shipping information. Sellers are not subject to this Privacy Policy and may have their own policies and practices with regard to use and disclosure of your data. We encourage you to inquire regarding such policies and practices prior to placing an order with a seller.
  6. Advertising. We may provide advertisers and other third parties with aggregated, non-personally identifiable information about our user base and its interests and usage patterns. We may also partner with third party advertising companies in order to serve online advertising regarding our products and services to Users after they visit the Platform. If you would like more information about this practice and to know your choices for not having this information used by third-party service providers, please visit www.networkadvertizing.org. You may manage your third-party advertising preferences by clicking here:https://optout.networkadvertising.org/?c=1#!%2F.
  7. Aggregated Data. We may report aggregated, anonymous data relating to activity on the Platform and Services to third parties or the general public. By way of example only, this may include the provision or publication of reports regarding the geographical distribution of our User base.
  8. In the Event of a Business Transaction. If we are exploring or go through a business transition or financial transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, securities offering, or sale of all or a portion of our assets, we may disclose your information to a party or parties in connection with exploring or concluding such transaction.
  9. For Legal Purposes. We will disclose your information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others; when otherwise required by law, regulation, subpoena, court order, warrant or similar legal process; or if necessary to assert or protect our rights or assets.

We may share De-Identified Information in all legally permissible ways.

THIRD PARTIES

The Platform and Services may contain offers from third parties or links to third-party websites that are not owned or controlled by us. This Privacy Policy does not apply to information that you may provide to or that may be collected by third parties. Please be aware that we are not responsible for the privacy practices or content of such other sites, products, and services. We encourage you to be aware when you leave our Platform encourage you to request such third parties to provide you with their applicable privacy policies and other terms and conditions before engaging with or making a purchase from such third parties.Security

The security of Personal Information is important to us. We use reasonable safeguards aimed to protect against unauthorized use, disclosure, alteration or destruction of the Personal Information we collect and maintain. Although we strive to protect your Personal Information, we can’t guarantee the security of any information you transmit to or from the Platform and Services or that unauthorized use, disclosure, alteration, or destruction or some other data breach will not occur. Please keep in mind, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.

CHILDREN’S PRIVACY

We do not knowingly collect information from children under 13 and the Platform and Services are not directed at children under 18. If you are a parent and believe your child under the age of 13 has used the Platform and Services and provided personally identifiable information to us through the Platform and Services, please contact us at the phone number and address provided below in this Privacy Policy and we will work to delete that Service account and any such personally identifiable information.International Visitors

The Platform and Services are intended for use only in the United States of America. If you use the Platform and Services or contact us from outside of the United States of America, please be advised that (i) any information you provide to us or that we automatically collect will be transferred to the United States of America; and (ii) by using the Platform and Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States of America in accordance with this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. Unless we say otherwise, changes will be effective upon the last updated date at the top of this Privacy Policy. Please check this Privacy Policy regularly to ensure that you are aware of any changes. We may try to notify you of material changes to this Privacy Policy, which if we do so may be by means such as by posting a notice directly on the Platform and Services, by sending an email notification (if you have provided your email address to us), or by other reasonable methods. In any event, your use of the Platform and Services after changes to this Privacy Policy means you have accepted the changes. If you do not agree with the changes, immediately stop using the Platform and Services.Contacting Us

If you have any questions or comments regarding this Privacy Policy, or our privacy-related practices, please contact us by clicking the “Contact Us” link at the bottom of any page in our website.

THE SKIN CONSULT, INC
Attn. Privacy Questions
158 Brigewater Xing
Ridgeland, MS 39157
Effective Date: July 2020