TERMS & CONDITIONS
Effective Date: September 1, 2020
WELCOME TO MAKEUP BY MARIO (THE "SITE")
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
If you are under 13 years old, you may browse the Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site.
You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on the Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on the Site.
2. MAKEUP BY MARIO PRO
For the terms and conditions applicable to the Pro program, please visit PRO T&Cs
3. ORDER RELATED POLICIES
To view policies and procedures related to orders placed through this Site (such as order processing, shipping, returns and exchanges), VIEW OUR FAQs PAGE
4. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.
5. INTELLECTUAL PROPERTY
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or and is protected by United States and international laws, including laws governing copyrights and trademarks. Neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
6. LIMITED LICENSES
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, non-transferable and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this SECTION 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
7. MAKEUP BY MARIO PRO MEMBER ACCESS AND PROGRAM PERKS
Access to some portions of this Site is only permitted for PRO members through the use of a login ID and password. Any distribution of your personalized ID, password or the Content of this Site to any third party is strictly prohibited. To become a MAKEUP BY MARIO PRO member, you may apply here.
8. USER OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to MBM, our affiliates, partners or licensors.
9. YOUR MBM ACCOUNT
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases. In order to access and use some parts of the Site, you may need to register an account with MBM. You may choose to create an account at our Site if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time.
We reserve the right to terminate accounts, including MBM PRO membership, without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in MBM’s best interests to do so.
10. PROMOTIONS AND EVENTS
The offer code DELUXE is valid for complimentary express shipping, up to a $50 value, and only applicable on orders totalling $650 or more.
11. CHANGES & OTHER COMPANY PRIVACY POLICIES
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
12. CONTACT US
When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. Such User Content constitutes a Submission under SECTION 12 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, forum leader, guide or host; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
13. DELETION OF USER CONTENT
If you wish to delete any of your public User Content, such as your ratings and reviews posting(s), on the Site please contact us by email at HELP@Makeupbymario.com a nd include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete. We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
14. COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
YOU CAN CONTACT OUR DESIGNATED AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT AT:
MAKEUP BY MARIO
135 E 57th Street
New York, NY 10022
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE SITE TERMS AND CONDITIONS OR THE SITE OR ITS CONTENTS OR SERVICES.
YOU AGREE THAT NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF MBM OR OUR AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18. CONSENT TO RECEIVE NOTICES ELECTRONICALLY
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at HELP@Makeupbymario.com
Effective Date: September 1, 2020
We appreciate that you trust us with your information, and we intend to honor that trust.
QUICK GUIDE TO CONTENTS
- GENERAL INFORMATION
- PERSONAL INFORMATION WE COLLECT
- HOW WE USE YOUR PERSONAL INFORMATION
- HOW WE SHARE YOUR PERSONAL INFORMATION
- YOUR CHOICES AND OPT-OUT
- CONSENT TO PROCESSING AND INTERNATIONAL TRANSFERS
- HOW LONG YOUR PERSONAL INFORMATION IS RETAINED
- SECURITY OF YOUR PERSONAL INFORMATION
- CHILDREN'S PRIVACY
- THIRD PARTY SITES AND SERVICES
- CHANGES & OTHER COMPANY PRIVACY POLICIES
- CONTACT US
1. GENERAL INFORMATION
2. PERSONAL INFORMATION WE COLLECTThere 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
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
SHARING OF PERSONAL INFORMATION BY YOU
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.
- 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.
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:
- To opt-out of such collection and use for online behavioral advertising by the Digital Advertising Alliance (“ DAA ”) participating companies in the United States, please visit: www.aboutads.info/choices/ and www.aboutads.info/appchoices/.
- To opt-out from the use of information about your online activities for online behavioral advertising by NAI member companies, visit: www.networkadvertising.org/choices/. Please note that even if you opt-out, you may still receive advertisements from Makeup by Mario that are not customized based on your Usage Information.
- To learn how to manage privacy and storage settings for Flash cookies, please visit: www.adobe.com/support/documentation/en/flashplayer/help/settings_manager.html.
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 email@example.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.
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
12. CONTACT US
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.
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.