Last Revised December 7th, 2016
From time to time, Pierre Fabre may update its Policy, and it is subject to change. Pierre Fabre will post the new Policy on the Websites with a new Effective Date to notify you of these changes. The new Policy will apply to all current and past users of the Websites and Online Services as of its effective date and will replace any prior policies. In addition, by accessing the Online Services after the Effective Date, you are deemed to consent to our then-current Policy.
HOW DO PIERRE FABRE AND THIRD PARTIES GATHER AND/OR TRACK INFORMATION ABOUT YOU?
How We Obtain Information You Provide
There may be times (such as when you purchase or order a product, subscribe to a service, register to receive newsletter, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our Websites. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
• Email and Promotions: When you sign-up to receive information, including emails and promotions from Pierre Fabre, enroll in our loyalty program or register for any other marketing campaign, Pierre Fabre may require that you supply your name, email address and other personal information.
• Registration for Other Pierre Fabre Products: When you register to receive Pierre Fabre products or services or sign up for various events, whether they are free or paid, and whether they are offered by us or provided in association with our third-party partners, Pierre Fabre may require that you supply your full name, email address, contact information, and other personal information. In some instances, Pierre Fabre also collects credit card information to bill you for products.
• Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (a “Promotion”) that may require registration. You will be asked to provide certain personal information in order to participate in any such Promotions, and any information you provide may be used and disclosed as set forth in this Policy, as well as in connection with the administration of such Promotion and as required by law or permitted by the Promotion’s official rules.
• Credit Card Information: Pierre Fabre does not have access to your full credit card number and does not store such information in its own systems. For recurring orders or accounts set up for auto-replenishment, the credit or debit card information you provide in connection with your account is not stored by Pierre Fabre, but is stored and used by our third-party credit card processor to process payments that you owe to Pierre Fabre. By submitting your credit or debit card information to us, you expressly consent to the sharing of such information with our third-party payment processor and acknowledge that such third party may store your credit and/or debit card information for these purposes. Information transmitted to the third-party credit card processor is encrypted using SSL software. The third-party credit card processor is required to comply with all applicable privacy and security laws and the rules and regulations issued by the credit card companies. Pierre Fabre maintains reasonable and appropriate physical, electronic and procedural safeguards to help protect your personal information. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances. Pierre Fabre is not responsible for the third-party credit card processor’s failure to comply with such laws, rules and/or regulations.
• Partner Products & Services Offered on the Online Services: Third parties, such as partners, sponsors or advertisers whose services are promoted or advertised on the Online Services may request that you provide personal information.
• Third Parties: Pierre Fabre may collect information about you that Pierre Fabre receives from other sources.
Information Collected from Tracking Technologies
• Information Collected Using Technology. Pierre Fabre may use a variety of technologies (collectively, “Tracking Technologies”, to gather personal and non-personal information (which is any information that does not reveal your specific identity) automatically (or passively) whenever you visit or interact with the Online Services. Some of the Tracking Technologies we use include:
• IP Address Tracking and Clickstream Data - In addition to cookies and clear GIFs, our servers automatically collect data about your server’s Internet address when you visit our Website. This information, known as an Internet Protocol address, or “IP Address”, is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you view pages from our Website, our servers may record or “log” your IP Address and sometimes your domain name. Our server also may record the page that linked you to us and related information including any ads you may have clicked on. Such information is known as “Clickstream Data”.
• Email Interconnectivity - If you receive email from us, we may use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.
• We also work with third parties to provide certain functionalities on the Online Services and to improve the effectiveness of the Online Services and its content. Separate and distinct from information Pierre Fabre shares with third parties, third-party companies also may use Tracking Technologies to independently collect and store information about you and your usage of the Online Services and may combine this information with information they collect from other sources. Please note, we do not control Tracking Technologies used by third parties, and their use may be governed by the privacy policies of the third parties employing the Tracking Technologies. Some of the Tracking Technologies that may be used to collect information are described below. To learn how to turn off certain Tracking Technologies, see below.
• Device Information. Pierre Fabre may collect certain, non-personal information about the Device you use to access Pierre Fabre’s services, including but not limited to IP addresses for your Devices, unique device identifiers, browser types, browser language and other transactional information that does not personally identify you.
• User History: Pierre Fabre may log certain usage information about your use of the Online Services, which may include a history of the pages you view.
• Mobile/Location Information. We may collect additional information from you if you access the Online Services through a mobile device, for example your unique device identifier, device’s operating system, mobile carrier, or location when you opt in for us to do so. However, the degree to which your location can be identified depends on the device you are using (e.g. laptop, smartphone, tablet) and how you are connected to the internet (e.g. via cable broadband connection, WiFi, etc.). If you enable location services for the Online Services, we may collect regional location data periodically as you use or leave open the Online Services. We also may collect your location information from your IP address or zip code. We also may use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access the Online Services (e.g., Apple™ iOS, Google™ Android, Windows, etc.) you may be able to control from within the settings on your wireless device whether location data is collected.
WHAT DOES PIERRE FABRE DO WITH THE INFORMATION IT COLLECTS?
Pierre Fabre uses your personal and non-personal information that it collects from you and about you for the purposes set forth below. For the avoidance of doubt, Pierre Fabre may use and disclose non-personal information for any purpose, except where Pierre Fabre is required to do otherwise under applicable law. If Pierre Fabre is required to treat non-personal information as personal information under applicable law, then Pierre Fabre may use and disclose it for all the purposes for which Pierre Fabre uses and discloses your personal information. Pierre Fabre shares customer information with third parties to perform services on its behalf, and by using the Websites and Online Services, you consent to our use of these services to target advertising. Pierre Fabre may use the information collected from one portion of the Online Services on other portions of the Online Services, and Pierre Fabre may combine information gathered from multiple portions of the Online Services into a single record. Pierre Fabre also may use or combine information that Pierre Fabre collects offline or from third-party sources with your information collected from the Online Services. Additionally, data collected from a particular browser or Device may be used with another computer or Device that is associated with the browser or Device on which such data was collected, or transferred to a third party who may be able to track your activity across Devices. Pierre Fabre may use this information to:
• Enable Usage: Pierre Fabre uses the information it gathers about you to enable your use of Pierre Fabre’s products and services, including but not limited to accessing the Online Services, receiving emails and promotions, purchasing products, participating in forums and receiving requested products and services.
• Data Enhancement. Pierre Fabre may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other information.
• Customizing Your Experience on the Online Services: Pierre Fabre uses the information that it collects and acquires to customize your user experience on the Online Services, including delivering content to you that we think would be most relevant and of interest to you and providing you with an enhanced experience based on the type of Device you are using.
• Statistical Analysis: Pierre Fabre may perform statistical, and marketing analyses of user behavior for a variety of purposes, such as to measure interest in the various areas of the Websites and Pierre Fabre products, to better understand purchasing patterns for marketing purposes. Pierre Fabre also uses third parties to provide Pierre Fabre with information, reports and analysis about the usage and browsing patterns of users of Pierre Fabre products and services. Such third parties track and analyze non-personally identifiable usage and volume statistical information about Pierre Fabre visitors and customers with respect to the Online Services and track and analyze anonymous usage and browsing patterns of users of the Online Services.
• Account Maintenance and Service Updates: Pierre Fabre may utilize the contact information you provided at registration, such as your telephone number and email address, to contact you regarding your account, your subscriptions and other products or services that you have requested or in which you are currently enrolled. These may include order confirmations, notifications about credit card issues, and information about Pierre Fabre products.
• Push Notifications. The Online Services may include a function that allows us to use push notifications to send you updates, communications, and other messages about the Online Services. To opt out of getting these push notifications or other messages, you must turn off the push notification function within your device settings.
• E-Mail Promotions: If you have registered to receive emails and promotions, you shall receive emails and promotions. If you choose to no longer receive such emails or promotions, you may unsubscribe (see below for instructions). Pierre Fabre may also periodically send you email messages about products and services that Pierre Fabre or its partners think may be of interest to you.
• Other Emails: If you send Pierre Fabre emails, you should be aware that any information provided in an email may not be secure or encrypted and therefore may be available to others. Please exercise caution if you decide to disclose any personal or confidential information in such email and please be advised that you should not provide detailed credit card information directly to Pierre Fabre via an unsecure form (such as email). By emailing Pierre Fabre, you agree that Pierre Fabre representatives may use your email address to respond to any of your questions or comments.
WITH WHOM DOES PIERRE FABRE SHARE THE PERSONAL INFORMATION IT COLLECTS?
Pierre Fabre may, on occasion, choose to share the personal information collected about users with select third parties for certain purposes, such as the following:
• Service Providers. We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We provide these Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.
• Mobile Carriers. If you access the Online Services through a Device or app, we also may share your information with mobile carriers, operating systems and platforms.
Personal information about you as an individual subscriber or registrant may be shared, regardless of your “opt-out” status, in the following instances:
• Compliance with Law: Pierre Fabre may release information if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Pierre Fabre; and (2) protect and defend the legitimate business interests, rights or property of Pierre Fabre, its users, marketing partners, customers, or affiliates.
• Organizational Changes: Should Pierre Fabre undergo a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, Pierre Fabre’s accumulated customer information will be treated as an asset and, like other business assets, personal information, user data, and any other information that we have collected about the users of our products and services may be disclosed to such entity as part of the due diligence process and, if we or our assets are acquired, will be transferred to such entity as one of the transferred assets. We also may disclose information about our users in connection with a commercial transaction where we, or any one of our affiliated businesses, is seeking financing, investment, support or funding. You acknowledge that such transfers may occur, and that any acquirer of Pierre Fabre or its assets may continue to use your personal information as set forth in this policy.
SOCIAL NETWORKING SERVICES
When you log into the Online Services through your social networking accounts, link your social networking accounts with the Online Services or engage with Online Services through third-party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those platforms. In addition, as you interact with the Online Services, you also may be providing information about your activities to the third-party social networking platforms, as applicable. You should make sure that you are comfortable with the information such services may make available to us by visiting the applicable platforms’ privacy policies and/or modifying your privacy settings directly with those platforms.
USER-GENERATED CONTENT AND DMCA POLICY
Pierre Fabre respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Pierre Fabre will respond expeditiously to claims of copyright infringement committed using Websites if such claims are reported to the Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Pierre Fabre’s Designated Copyright Agent. Upon receipt of Notice as described below, Pierre Fabre will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Websites.
DMCA Notice of Alleged Infringement (“Notice”)
• Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Websites or the exact location where such material may be found.
• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to Pierre Fabre’s Designated Copyright Agent at the address below:
PIERRE FABRE DERMO-COSMETIQUE USA, INC.
Attn: Legal Department
8 Campus Drive
Parsippany, New Jersey 07054
LINKS TO OTHER WEBSITES
Pierre Fabre is not responsible for the content or the privacy policies of websites to which it may link. This Policy applies solely to information collected by Pierre Fabre. You should consult the respective privacy policies of any applicable third parties to learn more about their privacy practices.
PROTECTION OF YOUR INFORMATION
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Pierre Fabre has put in place appropriate physical, electronic, and managerial procedures to protect the information Pierre Fabre collects online. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.
You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.
A SPECIAL NOTE ABOUT CHILDREN AND NON-U.S. USERS
Our Websites and the Online Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide personal information through our Website. Pierre Fabre does not knowingly collect information from children under 13 without parental consent. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA).
The Online Services are operated in the United States and are intended for users located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Online Services or providing us with any information, you consent to the transfer, processing and storage of your information in the United States. You are also consenting to the application of United States federal and New Jersey state law in all matters concerning the Online Services and this Policy.
OPTING-OUT, CORRECTIONS AND CANCELLATIONS
Email: Any recipient of email notices may opt out of receiving them at any time. To opt out of receiving emails, follow the unsubscribe instructions located near the bottom of each service update, newsletter or promotional email, or email your request to email@example.com.
Please note that even if you opt out of receiving subscriber communications by email, we may continue to send you communications by direct mail.
• Postal Addresses: Pierre Fabre collects postal mailing address information from you so that Pierre Fabre may fulfill the orders you submit and to inform you of Pierre Fabre programs, products and services in which you may be interested. You have the right to opt out of receiving postal mailings from Pierre Fabre. If you do not wish to receive postal mailings, including printed offers, from Pierre Fabre in the future, please send an email to firstname.lastname@example.org or write to us at the address listed below.
• Turning Off Tracking Technologies. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click here. It is important to remember that many of Pierre Fabre’s services may not function properly if your cookies are disabled.
• How Users Can Opt-Out of the Collection and Use of Information for Ad Targeting. Some of our advertising service providers may be members of the Network Advertising Initiative or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program, which offer a single location to opt-out of ad targeting from member companies. However, if you opt-out of receiving targeted ads in this manner, you will continue to receive advertising messages from us after you opt-out, but other members of the Network Advertising Initiative will not be able to target you based on your use of the Online Services and/or third-party websites. If you would like more information about advertisers’ use of tracking technologies and about your option not to accept these cookies, please click here. If you would like to learn more about how interest-based information is collected and to know your choices about not having information used in this manner, please click here.
• “Do Not Track” Signals. You may set your web browser software to reject Tracking Technologies, but, if you do so, certain functionality of the Websites may be affected. As a result, at this time, Pierre Fabre does not respond to browser “do not track” signals or other similar mechanisms. Go to here or here if you wish to learn more about your options to not accept tracking cookies for the purpose of receiving targeted interest-based advertisements. Please note that the-opt out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.
OTHER IMPORTANT DISCLOSURES
• Your California Privacy Rights: A Notice to California Users (California Civil Code Section 1798.83). Under the California “Shine The Light” law, California residents may opt-out of Pierre Fabre’s disclosure of personal information to third parties for their direct marketing purposes. Any California resident may choose to opt-out of the sharing of such personal information with third parties for marketing purposes at any time by directing such request to email@example.com.
If you would like to mail your request, please direct it to:
PIERRE FABRE DERMO-COSMETIQUE USA, INC.
Attn: Legal Department
8 Campus Drive
Parsippany, New Jersey 07054
For the avoidance of doubt, it is important to understand that this opt-out shall not prohibit any disclosures made for non-marketing purposes.
• Corrections/Cancellations and Questions. Upon your request, Pierre Fabre will provide you with its record of the personal information you gave Pierre Fabre at registration. For security reasons, this information will only be sent to the email address on file for the subscriber ID associated with it. If you have any questions about this Policy or would like Pierre Fabre to correct any of your personal information, you can email your corrections to firstname.lastname@example.org. We will endeavor to comply with your requests as soon as reasonably possible, but changes requested of us may not be effective immediately. We are not responsible unless required by law, to inform third parties with whom we have already shared your information of any changes requested pursuant to this section. We are not responsible for removing information or causing information to be removed from the databases or records of such entities.
If you would like to mail your inquiry, please direct it to:
PIERRE FABRE DERMO-COSMETIQUE USA, INC.
Attn: Legal Department
8 Campus Drive, Parsippany
New Jersey 07054
You also may contact customer service by clicking here.
Effective Date: December 7th , 2016