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PRIVACY POLICY

PRIVACY POLICY

Effective Date: September 1, 2020

Makeup by Mario values your privacy. This Privacy Policy (the “Policy”) is designed to tell you about our practices regarding the collection, use, disclosure, and processing of information on our websites (collectively, the “Services”), and your corresponding privacy rights. For residents from the European Economic Area, Makeup by Mario is the data controller responsible for your information.

We appreciate that you trust us with your information, and we intend to honor that trust.

YOUR PRIVACY IS IMPORTANT TO US. PLEASE READ THIS PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy is incorporated into and made a part of the Terms of Use. If you have not done so already, please also review the Terms of Use. By using the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy, and agree to the Terms of Use, which are incorporated by reference.

1. GENERAL INFORMATION

This Privacy Policy applies to the Services to which it is linked. If a particular Service has its own privacy policy, then that policy ‐ not this Privacy Policy ‐ applies. This Privacy Policy does not apply to information collected by third-party websites or services that you may access through the Services.

2. PERSONAL INFORMATION WE COLLECT

There are several ways we may obtain information about you, including from:
  • You directly
  • Social media providers
  • Data aggregators
  • Third party service providers; and
  • Tracking technologies.

When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as "Personal Information." This Personal Information may include the following categories:

  • Identifiers/Contact Information: These include your name, postal and e-mail address, phone number, and unique identifiers that may identify your device or browser, but not you by name.
  • Commercial Information: Your purchase and usage history, and goods and service preferences, including payment information or photos you share from your devices.
  • Internet/Electronic Activity: Your geolocation information, IP address, web/app browsing and search history related to our Services, and information regarding your interaction(s) with the Services or Makeup by Mario ads.
  • Profile Inferences: The inferences that we draw from your Personal Information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.

We also work with various types of data that are de-identified or aggregated, and not reasonably capable of being associated with, or reasonably be linked, directly or indirectly, with you or your household. This data is not Personal Information.

PERSONAL INFORMATION YOU PROVIDE

We collect information from you when you choose to provide it to us, such as when you contact Makeup by Mario, create an account, or otherwise with your consent. Makeup by Mario may also combine the information with other information collected from and about you to provide and improve our products, services, content, and advertising. If you refuse to provide any requested information (whether or not required), you may not be able to take full advantage of the Services.

For example, when you choose to contact us to register for an event, we may collect your name, e-mail address, telephone number, or any other information you enter during registration.

PERSONAL INFORMATION COLLECTED AUTOMATICALLY

Whenever you visit or interact with the Services, Makeup by Mario, as well as third-party advertisers and/or service providers, may use a variety of technologies to collect Personal Information, such as:

  • Usage Information: We collect Personal Information about your activity on the Services, such as login date and time, features you use, and website and product interactivity.
  • Device Information: We collect Personal Information from and about the electronic devices that you use to access the Services, including IP address, advertising IDs, browser type and language, operating system, time zones, and identifiers associated with cookies or other technologies that may uniquely identify your device or browser.
  • Third Party Analytic and Advertising Technologies: Makeup by Mario also may use third parties’ analytics and tracking tools, such as Google Analytics, Facebook Pixels and others, to help us track, segment, and analyze usage of Makeup by Mario Services, and to help us or those third parties serve more targeted ads to you on the Services and across the Internet. These tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to collect and store information and may also combine such information with information that they collect from other sources. To learn more about your choices relating to advertising tracking, please see the “ Your Choices and Opt Out ” section below.
PERSONAL INFORMATION RECEIVED FROM OTHER THIRD PARTIES

We may obtain information about you from other trusted third party sources to update or supplement the Personal Information we’ve collected from you. This includes, for example, information from our partners and service providers (including, for example, business partners, analytics vendors, advertising networks, and search information providers).

We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the Services, target our communications so that we can inform you of products and services or other offers that may be of interest to you, measure ad quality and responses, and for internal business purposes.

COMBINATION OF INFORMATION

We may combine the Personal Information we receive from and about you. We may also de-identify or aggregate information so it is no longer Personal Information.

3. HOW WE USE YOUR PERSONAL INFORMATION

Makeup by Mario uses Personal Information – including Identifiers, commercial or purchase-related information, Internet or other electronic network activity, and inferences drawn from your Personal Information – in accordance with applicable data protection laws and this Privacy Policy.

We will have a lawful basis for processing your information if:

  • We need to process your information to provide you with products or services that you have requested or to enter into a contract;
  • You have consented to such processing;
  • We have a legitimate interest for processing your data, such as analytics, fraud prevention, improving the Site and our business, and direct marketing; and/or
  • We are legally required to process it.

Such processing may include:

  • To administer your account and provide the Services to you, such as to:
    • Create and manage your Makeup by Mario Account
    • Provide you with customer support and respond to your requests
    • Complete your transactions
    • Communicate with you about the Services, including order management and billing
  • To ensure a consistent experience across your devices, such as to:
    • Synchronize your usage across the various devices you use to interact with us
    • Personalize your experience with our Services
  • To offer promotions and ads, such as to:
    • Administer sweepstakes, contests, discounts, or other promotions
    • Develop, display, and track content and advertising tailored to you on the Services and on other websites
    • Provide or contact you with customized Services content and offers from Makeup by Mario or on behalf of our partners and affiliates
  • To improve the Services and develop new ones, such as to:
    • Use demographic, profile and other analytics for analytical and demographic purposes (this processing may involve profiling – for example to create audiences based on demographic or location-based information for marketing and customization purposes)
    • Develop new features and services
  • To Prevent, Detect, and Fight Fraud or Other Illegal or Unauthorized Activities, such as to:
    • Enforce our Terms
    • Address fraud or alleged unlawful activity
    • Assist law enforcement
    • Conduct data analysis to better understand and design countermeasures against fraud
    • Protect the security and integrity of the Services and our business
  • To Ensure Legal Compliance, such as to:
    • Comply with legal requirements
    • Enforce or exercise our rights or those of third parties
    • Due diligence and required disclosures for corporate acquisitions and sales
    • Address problems with the Services or our business

4. HOW WE SHARE YOUR PERSONAL INFORMATION

Except as provided in this Privacy Policy, we will not disclose your information to any third parties without your consent. We may share your Personal Information as described below.

SHARING OF PERSONAL INFORMATION BY YOU

Any Personal Information you disclose in public areas on the Services or other third-party services, such as in public reviews, may become visible to other individuals without restriction. Please exercise caution when disclosing Personal Information in public areas. If you provide any Personal Information to a third party while using our Services, the third party’s privacy policy will apply to your Personal Information disclosed to such third party.

SHARING OF PERSONAL INFORMATION BY US

We may share Personal Information, as follows:

    • With our service providers: We use service providers to help us operate and improve the Services, such as for data hosting and maintenance, analytics, customer care, marketing, payment processing, order fulfillment, and security operations.

    • For corporate transactions: We may transfer your Personal Information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use Personal Information provided through the Services in a manner that is consistent with this Privacy Policy.

    • Legal obligations; Safety: We may access and disclose your Personal Information to respond to subpoenas, judicial processes, or government requests and investigations, in connection with an investigation on matters related to public safety, or as permitted or otherwise required by law. We may disclose your Personal Information to protect the security of our Services, servers, network systems, and databases.

    • To enforce legal rights: We may also share Personal Information (a) if disclosure would mitigate our liability in an actual or threatened lawsuit; (b) as necessary to protect our legal rights and those of our users, business partners, or other interested parties; (c) to enforce our agreements with you; and (d) to investigate, prevent, or take other action regarding suspected illegal activity, fraud, or other wrongdoing.

  • With your consent or at your request: We also may share your information as disclosed to you at the time of collection.

5. YOUR CHOICES AND OPT-OUT

Certain parts of the Services require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Services or take full advantage of all of our offerings. Please refer to your web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Some web browsers (including Safari, Internet Explorer, Edge, Firefox, and Chrome) incorporate a “Do Not Track” (“ DNT ”) or similar feature that signals to websites that a user does not want to have their online activity and behavior tracked. Not all browsers offer a DNT option, and DNT signals are not yet uniform. Many website operators, including Makeup by Mario, do not respond to DNT requests or headers from some or all Internet browsers. We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. For information about our use of cookies and other similar technologies through the Site, you can read our Cookie Policy here

We, or other parties we do business with, may place or recognize unique cookies or other technologies on your browser when you visit the Services to collect information about your use of the Services and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet. To learn more about such interest-based advertising, please review the information below:

ACCESS AND UPDATES TO YOUR PERSONAL INFORMATION

If you wish to verify, correct, or update any of your Personal Information stored in your Makeup By Mario account, you may visit your Account Page or contact us at Help@makeupbymario.com. Makeup by Mario reserves the right to request that you provide information that will enable Makeup by Mario to confirm that you have the authority to correct or delete the profile information that you want corrected or deleted. Makeup by Mario may not be able to correct or delete information shared with third parties. Pursuant to applicable law, we may be entitled to refuse to act on the request.

YOUR EU PRIVACY RIGHTS

Under the European Union General Data Protection Regulation, you have certain rights regarding your personal information:

  • Right to access your information: You have the right to confirm whether and how we use your personal information, why we use it, how long we keep it, and who we share it with. You also have the right to request a free copy of what we have.
  • Right to have your information shared: You have the right to request that we export, in a structured, commonly used, machine readable, and interoperable format, and transmit to another controller, your information.
  • Right to rectify your information: If you believe that we hold personal information about you that is inaccurate, misleading, or incomplete, you have the right to request that we correct that information in our records.
  • Right to request that we remove your information: You have the right to request that we remove your personal information from our records.
  • Right to request that we limit use of your information : You also have the right to request that our use of your personal information be restricted.
  • Right to withdraw consent: Where you provide consent to our use of your personal information, you can withdraw your consent at any time.
  • Right to complain to a supervisory authority: Where you are unhappy with how we treat or handle your personal information, you have the right to make a complaint to the data protection supervisory authority in your home country. For example, if you live in the United Kingdom, you would contact the Information Commissioner’s Office.

If you would like to exercise any of your rights described above and submit a request, contact us at Help@makeupbymario.com or by mail at MAKEUP BY MARIO, 135 E 57th Street, Floor 18 New York, NY 10022. We will respond to all legitimate requests within one month. We may sometimes request additional information from you. Please note that we may not be able to fulfill your request under certain circumstances, such as when it is necessary to keep your information to complete an order or meet a legal obligation. If we cannot fulfill the request, we will notify you of the reasons why.

If you disagree with our resolution of your request, you have the right to make a complaint to the supervisory authority in your country. You may also seek to enforce this right through a judicial remedy.

If you are located in the EU, and have questions about this policy or our privacy practices, you also may contact our EU Representative by sending an email to the following address : HELP@makeupbymario.com

YOUR CALIFORNIA PRIVACY RIGHTS

We do not sell Personal Information.

In the last 12 months, Makeup by Mario has disclosed the following categories of Personal Information for a business purpose (such as with our service providers who are restricted from using your Personal Information outside the scope of their services for Makeup by Mario):

  • Identifiers/Contact Information, disclosed to billing providers, e-mail providers, customer service platforms, data analytics providers, operating systems, security providers, and cloud storage services;
  • Commercial Information, disclosed to e-mail/sms service providers, customer service and intelligence platforms, network security and fraud protection services, cloud data storage providers, advertising networks, internet service providers, data analytics providers, operating systems and platforms, social networks
  • Internet/Electronic Activity, disclosed to e-mail/sms service providers, network security and fraud protection services, cloud data storage providers, advertising networks, internet service providers, data analytics providers, operating systems and platforms, social networks
  • Inferences , disclosed to [ e-mail/sms service providers, network security and fraud protection services, cloud data storage providers, advertising networks, internet service providers, data analytics providers, operating systems and platforms, social networks
ACCESS AND DELETION REQUESTS

California residents have the right to know what Personal Information that Makeup by Mario collected, disclosed, and sold about them. In particular, they may:

Request, up to two times each year, that we disclose to you:

  • the categories and specific pieces of Personal Information that we collected about you in the preceding 12 months, the business purpose for such collection, and corresponding categories of sources from which we collected the information;
  • the categories of Personal Information, and the categories of third parties to whom we disclosed your Personal Information in the preceding 12 months, and the business or commercial purpose for such disclosure; and
  • the categories of Personal Information and the categories of third parties to whom we sold your Personal Information in the preceding 12 months, and the commercial purpose for such sale.

Request that we delete any Personal Information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.

To take advantage of these rights, please contact us at by e-mail at help@makeupbymario.com, or by mail at at MAKEUP BY MARIO, 135 E 57th Street, Floor 18 New York, NY 10022. We may request certain information to verify your identity before we can respond to your access and deletion requests. We value your privacy and will not discriminate in response to your exercise of your privacy rights. Makeup by Mario will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.

AGENT REQUESTS

You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf, and that they are registered with the California Secretary of State to conduct business in California, or must demonstrate they have power of attorney pursuant to applicable probate law. Makeup by Mario retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s personal information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.

6. CONSENT TO PROCESSING AND INTERNATIONAL TRANSFERS

Makeup by Mario is a global business and it, or its service providers, may process, transfer and store information about our users on servers located in a number of countries, including the United States. As a result, your Personal Information may be subject to data protection and other laws that may differ from your country of residence. Your Personal Information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the Services, or by providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and to other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen with the use of safeguards as required under applicable law.

7. HOW LONG YOUR PERSONAL INFORMATION IS RETAINED

We will retain your Personal Information consistent with applicable law and our retention policies. Such retention may include satisfying any legal, accounting, or reporting requirements. We also may aggregate or de-identify the information so that it no longer identifies you, in which case we may use this information indefinitely without further notice to you.

8. SECURITY OF YOUR PERSONAL INFORMATION

Makeup by Mario takes precautions intended to help protect Personal Information that we collect and store. Unfortunately, no system or electronic data transmission is completely secure. Any transmission is at your own risk and we expect that you will use appropriate security measures to protect your information.

You are responsible for maintaining the security of your Makeup by Mario Account. Makeup by Mario will treat access to the Services through your Makeup by Mario Account as authorized by you.

9. CHILDREN'S PRIVACY

The Services are not directed to or intended for use by minors. We do not direct the Services to, nor do we knowingly collect any Personal Information from, children under the age of 16 (or age of majority of the individual’s relevant jurisdiction of residence).

10. THIRD PARTY SITES AND SERVICES

Makeup by Mario Services may contain links to third-party websites, products, and services, which may have privacy practices that differ from our own. We are not responsible for the privacy practices of these third party websites, products, and services and cannot guarantee the security of any information that they may collect. We encourage you to learn about these privacy practices.

11. CHANGES & OTHER COMPANY PRIVACY POLICIES

The Effective Date of this Privacy Policy is stated at the top of this Policy. As we add new features, we may revise or supplement this Privacy Policy. If we change the Privacy Policy in a material way, we will provide appropriate notice. Your continued use of the Services after the Effective Date constitutes your acceptance of the Privacy Policy, as amended. As of the Effective Date, the amended Privacy Policy supersedes all previous versions of or agreements, notices, or statements about the Privacy Policy.

12. CONTACT US

If you have any questions, comments, or concerns regarding this Privacy Policy or the Services, please contact us at Help@makeupbymario.com

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
PAYMENT:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.