Effective Date: May 24, 2019
If you have questions about this policy, please feel free to contact us at:
Voyant Beauty, LLC
6710 River Road
Hodgkins, Illinois 60525
1. Information We Collect
In describing our collection, use, and sharing of information in this Policy, we refer to our collection and use of “Personal Information”. “Personal Information”, as used in this Policy, is personally identifiable information, which is information that directly identifies an individual, such as first and last name, mailing address, email address, demographics or other online contact information, or telephone number. We collect Personal Information, as well as non-personally identifiable information on Voyant Beauty Sites and/or Services.
We collect Personal Information in two ways. First, we collect information you provide to us in optional, voluntary submissions, such as in registration forms, user profiles and promotional signups. Second, some Personal Information may be collected automatically. This is described below in “Passive Data Collection”.
We may also obtain information, including Personal Information, from third party sources. If we directly combine information from third parties with Personal Information that we have collected, we will treat the combined information as Personal Information and handle it in accordance with this Policy. In addition, please note that we may solicit third parties to collect Personal Information on our behalf and in such cases we instruct those third parties to comply with this Policy and all applicable data protection laws.
Voyant Beauty never gives away information about our users. If you choose to provide Personal Information about yourself, Voyant Beauty will use this information only to communicate directly with you. Voyant Beauty will not sell, rent or otherwise disclose that information to third parties unless such disclosure is necessary for the purposes set forth in this Policy, by law or a policy or notice contained or associated with a specific Site(s) and/or Service(s).
Passive Data Collection
We may receive passively-collected information through a variety of methods including, but not limited to the following:
We may use a variety of methods, including “cookies” to collect information.
What is a cookie?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device. You can find more information about cookies at: www.allaboutcookies.org and http://www.youronlinechoices.com/uk/.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that advertisements you see online are more relevant to you and your interests.
The cookies used on our Sites and/or Services have been categorized based on the categories found in the ICC UK Cookie guide. A list of all the cookies used on our Sites and/or Services by category is set out below.
Performance Cookies. Voyant Beauty collects cookies on our Sites and/or Services to capture information about page visits (e.g. “performance cookies”). This information is anonymous and Voyant Beauty uses this information only internally – to deliver the most effective content to our visitors. Information from the cookie is used to gauge page popularity, analyze traffic patterns on our Sites and/or Services and guide development of other improvements to our Sites and/or Services.
Targeting, Performance, and Functionality Cookies. In our email programs, Voyant Beauty employs some tracking methods (e.g. “targeting, performance, and functionality cookies”). We track “opens” via a tracking pixel in the email – meaning we track who opens our emails messages and when you open our e-mail messages; and we track “clicks” via encoded URLs – meaning we track whether you click on the links contained in our e-mail messages. This information is used internally only to help us deliver relevant messaging, and is not shared with any third parties.
Opting Out of Cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. You may also change your cookie settings through preference options in our Sites and/or Services, where applicable. We will indicate upon selecting your preferences that we will use a cookie to remember your preferences.
Location-Based Services. We may collect and use precise location data, including the real-time location of your mobile or fixed location device.
Analytics Tools. We use analytics tools and other third party technologies, such as Google Analytics and DoubleClick Cookies, to collect non-personal information in the form of various usage and user metrics when you use our online Sites and/or Services. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information.
The third party analytics companies who collect information on our Sites and/or Services and other online products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies.
In addition to our use of technologies as described herein, we may permit certain third party companies to help us tailor advertising that we think may be of interest to you based on your use of Voyant Beauty Sites and/or Services and to otherwise collect and use data about your use of Voyant Beauty Sites and/or Services. For more information about this practice, please see the “Third Party Advertising Technologies” section below.
You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page.
Google has additional information available about their Remarketing Privacy Guidelines, Policies, and Restrictions.
2. How We Use Information
Generally, we use Personal Information to establish and enhance our relationship with our users through four main categories: (1) Communication; (2) Optimization; (3) Advertising; and (4) Sharing Features. Below, we provide some specific examples of how we use the Personal Information and other information we collect.
Communication and Responding to Requests. We use your information, including Personal Information, to provide you with customer support, respond to users’ requests, send newsletters and updates and connect users to Voyant Beauty Sites and/or Services.
Optimization. We use user information, including Personal Information, behavioral metrics, and other non-personally identifiable information to operate, provide, improve, and maintain our Sites and Services, to develop new products and services, to prevent abuse and fraud and for other administrative and internal business purposes.
3. When We Disclose Personal Information
We do not share Personal Information with third parties except in the limited circumstances described in this Policy.
Legal Requirements. We may disclose Personal Information if we have a good-faith belief that doing so is required by a subpoena, warrant, or other judicial or administrative order or otherwise required by law. Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to (a) prevent violation of any Legal Terms and Conditions of Service, or our other agreements, (b) take precautions against liability, (c) protect our rights, property, or safety, or those of a partner, any individual or the general public, (d) maintain and protect the security and integrity of our Sites and/or Services or infrastructure; protect ourselves and our Sites and/or Services from fraudulent, abusive, or unlawful uses, (e) investigate and defend ourselves against third party claims or allegations or (f) assist government regulatory agencies.
Change of Ownership.
Information about our users, including Personal Information, may be disclosed as part of any bankruptcy, merger, sale, transfer of company assets, acquisition, or similar transaction. In the event of such a transaction in which your Personal Information would be transferred to a third party, we will make reasonable efforts to notify you. For example, we will post a notice of the transfer of Personal Information on our Sites and/or Services.
4. Information Practices for Children
Voyant Beauty does not intentionally collect information from children under the age of 13. If in the future we choose to collect personal information from children, we will comply with the Children’s Online Privacy Protection Act (COPPA)
5. Your Choices
Submitting Personal Information. If you do not want to submit Personal Information that is necessary to provide or use our Sites and/or Services or to fulfill your request, you may or may not be able to access and/or participate in certain Voyant Beauty Sites and/or Services. For example, you will not be able to register for an account with us or access and/or use certain Voyant Beauty product features or online services. In addition, your refusal to submit Personal Information may limit our ability to respond to your customer support inquiry in a timely fashion.
Editing Personal Information. You may, at any time, update, correct, or delete certain Personal Information that you have provided to us by contacting us at the mailing or email address provided set forth in this Policy.
Marketing Choices. If you want to remove yourself from individual communications, including marketing promotions, advertisements, updates and email newsletters, simply click the unsubscribe link in the communication. You also acknowledge and agree that there may be instances where we may elect to notify you about administrative notices regarding your account with us, such as to inform you about changes to our terms, conditions, and policies, that your account may be expiring, or to provide you with other relevant administrative information about your account. Because this information is important to your interaction with us, you may not opt out of receiving these communications.
Account Deletion. If you submit Personal Information, you may delete your account with us at any time. If you delete your account, your Personal Information and any and all other account related information including, but not limited to, user profile data, purchasing history, sharing data and any other data, credits, or content specifically associated with your account are also permanently deleted. Deletion of your data may take up to 30 days from accessible systems and up to 90 days from backup systems. If you choose to have an account with us in the future, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved.
We take reasonable measures, including the implementation and maintenance of physical, electronic, and managerial procedures, in an effort to assure the security, integrity, and accuracy of all Personal Information that we collect. Our efforts include procedures designed to avoid unauthorized access, alteration, misuse or disclosure of Personal Information.
If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Voyant Beauty Sites and/or Services covered by this Policy and providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your account information and usage.
7. Data Integrity and Data Retention
We collect and use Personal Information in accordance with this Policy and only for the purposes stated in this Policy and/or at the time we request such Personal Information from our users, or for such purposes to which a user may otherwise consent. We do not use or share our users’ Personal Information in a way that is incompatible with the purposes for which such Personal Information was requested and authorized for use by us. We retain Personal Information for no longer than is commercially useful to carry out our business purposes, or as we believe may be legally required. When Personal Information is deleted or updated by you, it may take up to 30 days from accessible systems, and up to 90 days from backup systems, for us to delete such Personal Information.
8. Access to Personal Information
You may view, correct, or delete the Personal Information Voyant Beauty stores about you. Most of your Personal Information may be accessed and corrected by simply emailing us at [email protected] If you wish to obtain a report of the Personal Information Voyant Beauty has about you, please send us a written request at the address set forth in this Policy.
9. California Privacy Rights
10. Changes and Updates to This Policy
We may update this Policy from time to time. If we do, we will update the “effective date” at the top of the Policy. If we make material changes to how we use Personal Information, we will attempt to notify you of the change and to give you the opportunity to exercise choice as to how your Personal Information is used. We will post the updated Policy on the affected Sites and/or Service, and if we have your email address, we will send notice of the update to that email address.
We encourage you to review this Policy periodically to stay informed about our collection, use and disclosure of Personal Information. Your continued use of our Sites and/or Services or any other content, products or other services covered by this Policy constitutes your agreement to this Policy and any updates.
11. International Users & U.S.-EU Switzerland Safe Harbor
Voyant Beauty Sites and/or Services may be hosted in the United States. If you utilize our Sites and/or Services from the European Union or Switzerland, or any other region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data outside of those jurisdictions to the United States. The United States does not have the same data protection laws as the European Union, Switzerland and other regions. By providing Personal Information under this Policy, you consent to the use of your Personal Information in accordance with this Policy and the transfer of your Personal Information to the United States.
Voyant Beauty is committed to complying with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.
13. No Error Free Performance
Terms and Conditions
Last Updated: May 24, 2019
Please read these Legal Terms and Conditions (the “Terms and Conditions”) before using this Website.
By accessing this Website, you agree to these Terms and Conditions. Voyant Beauty reserves the right to change these Terms and Conditions, and the products, services, and programs mentioned in this Website at any time, at its sole discretion, without notice. Voyant Beauty reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions. Any rights not expressly granted herein are reserved.
2. Copyright Notice
All the information and material contained in this Website is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of Voyant Beauty or their respective owners. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of Voyant Beauty or their respective owners. Any use of these trademarks by any party other than Voyant Beauty or their respective owner is expressly prohibited and may not be used in connection with any product or service that is likely to cause confusion in the marketplace, disparage or discredit this Website or Voyant Beauty.
4. External Links
This Website may contain links to third party websites on the Internet that are not under the control of Voyant Beauty and Voyant Beauty makes no representation as to their content. Voyant Beauty is not responsible for the content or availability of any linked third party websites and use or reliance on any links and the content thereon provided is at your own risk. When visiting links to any third parties, you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of Voyant Beauty.
This Website is distributed internationally and may contain references to products and services that have not been released in your country. Although distributed internationally, these references do not guarantee that Voyant Beauty intends to release those products and services in your particular country.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND VOYANT BEAUTY, ALL INFORMATION AND SOFTWARE ON THIS WEBSITE (“WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND USE OF ANY WEBSITE CONTENT IS AT YOUR SOLE AND ENTIRE RISK. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE WEBSITE CONTENT AND AGREE NOT TO USE THE WEBSITE CONTENT IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS COULD OCCUR.
THE WEBSITE, PRODUCTS, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND VOYANT BEAUTY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF UNAUTHORIZED SECURITY BREACHES AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VOYANT BEAUTY DOES NOT WARRANT INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE WEBSITE CONTENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR SECURITY BREACH FREE, OR THAT DEFECTS IN THE WEBSITE CONTENT WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE CONTENT IS ASSUMED BY YOU. FURTHERMORE, VOYANT BEAUTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE WEBSITE CONTENT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VOYANT BEAUTY OR VOYANT BEAUTY’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. SHOULD THE WEBSITE CONTENT PROVE DEFECTIVE, YOU (AND NOT VOYANT BEAUTY OR VOYANT BEAUTY’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VOYANT BEAUTY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES OR LIABILITY FOR ANY LOSS, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF USE OF ASSETS, LOSS OF CONTRACTS, INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH THE PERFORMANCE OF, OR RELATING TO THE WEBSITE CONTENT OR YOUR USE OF THE WEBSITE, OF OR RELATING TO ANY AND ALL INFORMATION PROVIDED BY YOU, PERSONAL OR OTHERWISE, TO VOYANT BEAUTY, OF OR RELATING TO ANY UNAUTHORIZED SECURITY BREACHES, YOUR RELIANCE ON THE WEBSITE CONTENT, MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE WEBSITE CONTENT OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY OR DUTY, TORT (INCLUDING NEGLIGENCE OF ANY PERSON (GROSS, SOLE, CONCURRENT, ACTIVE, OR PASSIVE), PRE-EXISTING CONDITION, PRODUCTS LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, OR ANY OTHER CAUSE, OR OTHERWISE, EVEN IF VOYANT BEAUTY OR VOYANT BEAUTY’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO BEAR ALL COSTS RESULTING FROM THE USE OF THE WEBSITE CONTENT. VOYANT BEAUTY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE CONTENT OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
This Website could include technical or other inaccuracies. Voyant Beauty may make changes to material and information on this Website at any time and without prior notice. HOWEVER, VOYANT BEAUTY MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS WEBSITE.
8. Use of the Website
Voyant Beauty does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Voyant Beauty that you are legally entitled to do so and to make use of information made available via the website.
9. User Registration
You may provide Voyant Beauty the following information to create an account: full name (your legal surname, if an individual) or full name of legal entity, email address, telephone number, and any other information required by Voyant Beauty. You represent and warrant that this information is true and accurate.
10. Consent to Voyant Beauty Processing Information About You
The information You provide to Voyant Beauty may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to Voyant Beauty for the purposes of creating your user account or adding any additional details of yourself in the Website, You are expressly and voluntarily accepting these Terms and Conditions and explicitly consenting to allow Voyant Beauty to process information about You. Supplying information to Voyant Beauty, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent to Voyant Beauty’s collection and processing of your information at any time, by removing the information from the Website or by closing your account, but please note that your withdrawal of consent will not be retroactive.
11.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Voyant Beauty in relation, or with respect, to the subject matter herein and supersede any and all prior or contemporaneous understandings, representations or agreements, whether written or oral. Except as expressly set forth herein, neither you nor Voyant Beauty shall be bound by any express or implied representations, warranties, promises, covenants, agreements, or the like not recorded herein.
11.2 Updates, Changes, or Alteration
Voyant Beauty reserves the right to change these Terms and Conditions at any time, at its sole discretion, without notice. When Voyant Beauty updates or changes these Terms and Conditions Voyant Beauty shall also revise the “Last Updated” date at the top of this document. Your continued use of the Website constitutes your agreement to these Terms and Conditions and any updates. You shall be responsible for reviewing the then current version each time you visit the Website to stay informed about these Terms and Conditions and your use of the Voyant Beauty Website.
In the event of any conflicts or contradictions between the terms and provisions of these Terms and Conditions and any other terms and conditions, policies or notices relating to the subject matter herein, these Terms and Conditions shall prevail.
No indulgence or extension of time which either you or Voyant Beauty may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Voyant Beauty shall be entitled to cede, assign and delegate all or any of its rights and obligations in any of these Terms and Conditions to any third party.
The language of all parts of these Terms and Conditions shall in all cases be construed as a whole, according to its fair meaning. In the event that a court of competent jurisdiction deems any provision of these Terms and Conditions to be unreasonable, invalid, void, or unenforceable, for any reason and to any extent, such provision(s) shall be modified in such a manner so as to be valid and fully enforceable to the maximum extent permitted by law. Those provisions found unreasonable, invalid, void or unenforceable shall not affect the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable according to its or their terms.
11.7 Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, this Website shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois, without regard to its choice or conflict of law rules or provisions. You hereby consent to the exclusive personal and subject matter jurisdiction of the Federal or state courts for Hodgkins, Illinois, in any action or claim arising out of, under or in connection with this Agreement or the relationship between the Parties hereto. To the fullest extent permitted by law, each party knowingly and voluntarily waives any and all right to a trial by jury in any action or proceeding arising out of, under or in connection with this Agreement or the relationship between the Parties hereto.
All claims, disputes, controversies, differences or misunderstandings of any king between the parties hereto arising under, out of, or in connection with this Agreement, including the existence or continued existence of this Agreement and the arbitrability of a particular issue, which cannot be amicably settled and resolved by the parties hereto, shall be submitted to arbitration by the American Arbitration Association (AAA), to take place in, or if not available in, the closest location to, the City of Hodgkins of the State of Illinois, or as otherwise mutually agreed to by the parties. The arbitration shall finally be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the above-mentioned rules. The decision of the arbitration tribunal shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction, and no party shall seek redress against the other in any court or tribunal except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award.
Voyant Beauty makes no representation that information on this Website is appropriate or available for use outside of the United States or in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this Website may do so on their own initiative and shall be responsible for compliance with all applicable laws.
11.8 Contact Information, Comments, or Questions
Voyant Beauty welcomes your comments regarding these Terms and Conditions. If you have any questions or comments regarding these legal terms, please contact us via postal mail at the address provided below and Voyant Beauty shall use commercially reasonable efforts to promptly respond:
Voyant Beauty LLC
6710 River Road
Hodgkins, Illinois 60525