General. Dragun Beauty LLC and its affiliates (“Dragun Beauty” or “we” or “us” or “our”) respects the privacy of its users (“user” or “you”) that use our branded beauty and cosmetic products, including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively, the “Product”). The following Dragun Beauty privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Product, about the types of information that Dragun Beauty may gather about or collect from you in connection with your use of the Product. It also is intended to explain the conditions under which Dragun Beauty uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Product, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Product you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you used the Product.

The Product system application is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Product from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Product, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Product and your agreements with us. Any persons accessing our Product from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Product in a manner lawful in their jurisdiction. If your use of the Product would be unlawful in your jurisdiction, please do not use the Product.

For International users: Dragun Beauty is a global business. Some of the uses and disclosures of your personal information may involve the transfer of your personal information to various countries around the world. By submitting your personal information to Dragun Beauty you consent to such transfers and to the processing of this information in various countries around the world.

You may have certain rights depending on the jurisdiction in which you reside, including the European Union (“EU”). For specific disclosures relevant to EU residents please see Page 8 of this Privacy Policy.

BY USING OR ACCESSING THE PRODUCT, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

Gathering, Use and Disclosure of Non-Personally-Identifying Information

Users of the Product Generally. “Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Dragun Beauty gathers from users of the Product Non-Personally-Identifying Information of the sort that the Product, depending on the settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system, locations of the user right before arriving at, while navigating and immediately after leaving the product. Although such information is not Personally-Identifying Information, it may be possible for Dragun Beauty to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Dragun Beauty analyzes Non-Personally-Identifying Information gathered from users of the Product to help Dragun Beauty better understand how the product is being used. By identifying patterns and trends in usage, Dragun Beauty is able to better design the product to improve users’ experiences, both in terms of content and ease of use. From time to time, Dragun Beauty may also release the Non-Personally-Identifying Information gathered from the Product users in the aggregate, such as by publishing a report on trends in the usage of the Product.

User-Generated Content. We give you the ability through the site to engage with Dragun Beauty and others in public exchanges, and these include opportunities for you to provide comments, reviews, recommendations, and other input via the site (collectively, “User-Generated Content” or “UGC”). Please understand that, if you include Personally Identifiable Information in User-Generated Content, others will be able to read, collect, re-publish, and otherwise freely use the Information. We are not responsible for Personally Identifiable Information you decide to include in UGC, and we will not take down, remove, or edit User-Generated Content, except as required by Applicable Law. If you include in your User-Generated Content any Personally Identifiable Information relating to others, you represent that you have full permission and authority to do so.

Contests, Special Offers, and Surveys. On occasion, we will provide you with the opportunity to participate in a contests, receive a special offer, or provide us with feedback via a survey. To make these Services available to you, we will use the email address and name you provided us when you registered.

Cookies. We use sandboxed cookies on the Product to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Product. Dragun Beauty also uses Cookies both to help Dragun Beauty improve users’ experiences and to help Dragun Beauty understand how the Product is being used. As with other Non-Personally-Identifying Information gathered from users of the product, Dragun Beauty analyzes and discloses in aggregated form information gathered using Cookies, so as to help Dragun Beauty, its partners and others better understand how the Product is being used. DRAGUN BEAUTY USERS WHO DO NOT WISH TO HAVE WEB COOKIES OR COOKIES PLACED ON THEIR DEVICES SHOULD SET THEIR BROWSERS OR SETTING TO REFUSE WEB COOKIES OR COOKIES BEFORE ACCESSING THE PRODUCT, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE PRODUCT MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. THE PRODUCT USERS WHO REFUSE COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY OF SOME FEAUTURES.

Analytics. We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) to inform and optimize on your past activity on the Product. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.

Mobile Device Additional Terms

Mobile Device. If you use a mobile device to access the Product or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Dragun Beauty to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application.

Collection, Use and Disclosure of Personally-Identifying Information

PRODUCT Registration. As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Dragun Beauty may collect a range of Personally-Identifying Information from and about Product users. Much of the Personally-Identifying Information collected by Dragun Beauty about users is information provided by users themselves when (1) registering for our mailing lists, contests, sweepstaks, product updates, (2) communicating with us, (3) creating a public profile. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by Dragun Beauty from time to time. Users of the Product are under no obligation to provide Dragun Beauty with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Product features.

BY REGISTERING WITH OR USING THE PRODUCT, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

Online Postings. Certain Personally-Identifying Information collected from users may be disclosed as a matter of course as a result of your use of the PRODUCT and its branded sites. We may provide areas on the Product where you can post reviews and other information relating to your activities on the Product. Such postings are governed by our Terms of Use. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.

Dragun Beauty Communications. We may occasionally use your name and email address to send you notifications regarding new services offered by the product that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account, such as service announcements and administrative messages, even if you opt out of all voluntary email notifications.

Dragun Beauty Disclosures. Dragun Beauty will disclose Personally-Identifying Information under the following circumstances:  

By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Dragun Beauty, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

Business Transfers; Bankruptcy. Dragun Beauty reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Dragun Beauty’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

Changing Personally-Identifying Information; Account Termination. You may at any time review or change your Personally-Identifying Information by going to your account settings (if applicable) or contacting us using the contact information below.  Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings (if applicable) or contact us as provided below. We will retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms of Use and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.

General Use. Dragun Beauty uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Product (1) to deliver the products and services that you have requested; (2) to manage your account and provide you with customer support; (3) to resolve disputes and troubleshoot problems; (4) to measure consumer interest in our services; (5) to inform you of updates; (6) to customize your experience; (7) to detect and protect us against error, fraud and other criminal activity; (8) to enforce our Terms of Use; and (9) to do as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the product, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.

Security. We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

We are dedicated to protect all information on the Product as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.

Privacy Policy Changes. Dragun Beauty may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Dragun Beauty’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. Dragun Beauty will always post new versions of the Privacy Policy on the Product. However, Dragun Beauty may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information.

Children. The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Product represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Product, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Product or has otherwise transferred Personally-Identifying Information to the product, please contact Dragun Beauty using our contact information below to have that child's account terminated and information deleted.

Contact. If you have any questions regarding our Privacy Policy, please contact us at:

Dragun Beauty LLC and its affiliates 

7162 Beverly Blvd #250

Los Angeles CA 90036

Email: support@dragunbeauty.com 

 

Specific Disclosures for the European Economic Area

(This section is effective as of February 20, 2019)

This section applies to data processing activities of data subjects residing in the European Economic Area as well as, regardless of residence, to the processing of any Personal Data in the European Economic Area.

“Personally-Identifying Information,” for purposes of this section, means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Services” means any of our products, services, or deliverables.

“Site” means any website operated and controlled by us, including our mobile application.

Pursuant to the European Union General Data Protection Regulation (GDPR), we function as a “controller” for the Services we offer to our users.

We may collect and process certain Personally-Identifying Information in order to maintain and provide the Services to our users, such as names, addresses, email addresses, and other contact information, bank account information, and customer identification information, such as driver’s licenses. We may also collect user photographs for the purposes of confirming a user’s identity.

(“Customer Relationship Data”).

In addition, we may send marketing materials or communications to potential or existing users (“Marketing Activities”). Our disclosures with respect to our processing of data as a controller are set forth in this section.

  1. how we collect and use PERSONALLY-IDENTIFYING INFORMATION

We describe how we collect and use Personally-Identifying Information in the “Collection, Use and Disclosure of Personally-Identifying Information” section ≪Internal Link to Section≫ of the Privacy Policy. The Collection and Use sections are expressly incorporated by reference herein.

  1. How We Disclose PERSONALLY-IDENTIFYING INFORMATION

Our disclosure is limited to circumstances where we are permitted to do so under applicable European and national data protection laws and regulations. We share data with companies that provide services on our behalf, whose practices are in line with the European Union General Data Protection Regulation (GDPR), as applicable. The following are examples:

  • We use service providers (a) to fulfill your orders (where applicable), (b) to provide customer service (where applicable), (c) to process and distribute email, including Dragun Beauty’s email newsletter, (d) to process and display users’ blog posts; and (e) to manage promotions, special offers, and similar activities. These service providers generally require access to your Personally Identifiable Information in order to perform these services.
  • We use analytics service providers to assist us in understanding and using Non-Personally Identifiable data. A service we use in this regard is Google Analytics, and information concerning how Google uses the information is available at https://policies.google.com/privacy/partners, and opt-out options specific to Google Analytics are available at https://tools.google.com/dlpage/gaoptout.
  • We may use service providers to anonymize and aggregate Personally Identifiable Information in order to generate Anonymous Information.
  • We may engage service providers to analyze the interests and attributes of our users and, using techniques based on Anonymous Information and Non-Personally Identifiable Information, identify others who might share those interests and attributes. We then use this information to reach out to relevant market segments to provide them information concerning the Platform.

We require our service providers to contractually commit to protect the privacy and security of the Personally Identifiable Information they process on our behalf. For a list of those service providers whom we use and their respective privacy policy, please contact support@dragunbeauty.com

  1. Legal Basis for Processing 

We collect and process your Personally-Identifying Information for a variety of different purposes which are set out in further detail in this section.

In some cases, we will ask for your consent so that we may process your Personally-Identifying Information. However, in certain circumstances, applicable data protection laws allow us to process your Personal Data without needing to obtain your consent.

3.1 PROCESSING PERSONAL DATA WHERE CONSENT NOT REQUIRED

In certain cases, separate consent is not required, including:

  • For the performance of a contract.

To perform our contractual obligations to you, including our fulfilling orders or purchases you have made, contacting you in relation to any issues with your order or use of our Services, in relation to the provision of our Services, or where we need to provide your Personal Data to our service providers related to the provision of the Services, including for license activation and management.

  • To comply with legal obligations.

To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.

  • Legitimate Interests.

To operate our business and provide our Services (other than in performing our contractual obligations to you) for our “legitimate interests” and for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. 

Other legitimate interests may include:

  • To communicate with you regarding the Services, including to provide you important notices regarding changes to our Terms and to address and respond to your requests, inquiries, and complaints.
  • To manage your account and provide you with customer support.
  • For our direct marketing purposes.
  • To send you surveys in connection with our Services.
  • To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties.
  • To develop, provide, and improve our Services.
  • To enforce our Terms of Use, License Agreements, or this Privacy Notice, or agreements with third parties.

3.2. CONSENT FOR PROCESSING

In cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data, including:

  • Marketing

We may ask for your consent for Dragun Beauty or our partners or vendors to contact you by telephone, SMS, post and/or email about other offers, products, promotions, developments or Services which we think may be of interest to you and for other marketing purposes

  • Use of Cookies

Our Site uses cookies and similar technologies to improve user experience and for analytics. We also use cookies and similar technologies for purposes of marketing and advertising, including interest-based advertising. For more information on interest-based advertising, see section 3 (Interest-Based Advertising). In those jurisdictions that require it, we allow the data subject to give explicit permission or to deny the use of certain categories of cookies.     

A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our site. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them.   Cookies can remember login information, preferences, and similar information.

Cookies, as well as other tracking technologies such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data.

We also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types; clickstream patterns; dates and times that our site is accessed, and other categories of data.

If you want to block the use and saving of cookies from the Site on to their computers hard drive, you should take the necessary steps within your web browser’s settings to block all cookies from the Site and its external serving vendors, or use the cookie control system, if available upon first visit, which is available in your web browser settings.  Please note that if you choose to erase or block your cookies, certain parts of our Site may not function correctly. For information on how to disable cookies, refer to your browser’s documentation.  

  1. INTEREST-BASED ADVERTISING

Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on from where you access our Site, you may also be asked to consent to our use of cookies, including advertising cookies.

The opt-outs for interest-based advertising require that strictly necessary cookies are not blocked by the settings in your web browser. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests. 

  1. WITHDRAWING YOUR CONSENT 

You may at any time withdraw the consent you provide for the processing of your Personal Data for the purposes set forth in this Privacy Notice by contacting us at support@dragunbeauty.com provided that we are not required by applicable law or professional standards to retain such information.

If you want to stop receiving future marketing messages and materials, you can do so by clicking the “unsubscribe” link included in our email marketing messages or by contacting us at info@followbeauty.com

  1. DATA SUBJECT RIGHTS 

You have the right in certain circumstances to request confirmation from us as to whether or not we are processing your Personal Data. Where we are processing your Personal Data, you also have the right to request access to, modification of, or deletion of such Personal Data.

You also have the right in certain circumstances to receive the Personal Data concerning you that you provided to us, to restrict processing of your Personal Data, or to transmit such data to another controller.

To exercise your rights with respect to your Personal Data, please contact us unsubscribe” link included in our email marketing messages or by contacting us at info@followbeauty.com. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law.

  1. DE-IDENTIFIED OR ANONYMIZED DATA

We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means. Our use of anonymized data is not subject to this Privacy Notice.

  1. DATA RETENTION

We will retain your Personal Data for as long as long as you maintain an account or subscription agreement or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY 

You may have a right to lodge a complaint with a supervisory authority.