JOAH BEAUTY GLOBAL PRIVACY POLICY

Effective November 1, 2023

KISS Products, Inc. and our employees, agents, subsidiaries, and affiliates (collectively, "KISS Products," "KISS USA," "KISS," "we," "our," or "us") are dedicated to safeguarding your personal information. This Privacy Policy aligns with our commitment to protecting your personal information across all of our websites, mobile apps, and other online properties that link to this Privacy Policy (the "Sites"). This Privacy Policy applies only to the Sites and covers only information collected in connection with your access to and use of the Sites. This Privacy Policy explains how we collect, use, disclose, and protect personal information and choices you can make about information you share. KISS is the entity responsible for processing personal information (i.e., the data controller) under this Privacy Policy.

By using the Sites, you agree to the practices described in this Privacy Policy and you consent to provide all personal information to KISS through the Sites, including by email, blog post, or social media, as well as to processing by automated or non-automated means, for the purposes indicated in this Privacy Policy and subject to the Terms of Use that apply to the Sites.

PERSONAL INFORMATION

Personal information refers to information involving your name, including, but not limited to, things like your e-mail address, mailing address, birthday, telephone number, photographs, personal images, information you provide such as hair color, or information about products you purchase, when those pieces of data are stored with your name.

We may modify this Privacy Policy at any time in our sole discretion. If we make material changes to this Privacy Policy that increase our rights to use personal information we have previously collected about you, we will obtain your consent, where required by law, either through your registered email address or by posting on this page.

We may collect information about you when you interact with the Sites, including when you log in, create an account, join our mailing list, make a purchase, request a service, request information, communicate with customer service, or upload content to the Sites through various means, including your social media account.

Examples of information we may collect: Contact information including name, addresses, email, and phone number; Purchasing information including payment card information, billing and mailing addresses, and information about the products and services that you purchased; Login credentials; Demographic information including age/birthdate, gender; Information that you provide to us through the Sites regarding your beauty concerns; Social media handles; Preferences regarding products and services; Information that you choose to submit in connection with your comments or inquiries; Photographs and other content that you provide; Employment history and other information included on a resume uploaded through our Site or submitted through a form.

We may automatically collect information about how you interact with the Sites, which is not limited to, the following: Precise geolocation (with your knowledge and consent); Location (based on IP address); Browser type and version; Operating system type; Information you searched for on the Sites; Pages you visited on the Sites; Web page that referred you to our Sites. Geolocation: You may be asked for permission to allow us to collect your geolocation information. If you consent to such collection, we may use this information to provide you targeted advertisements and social media posts, to locate our nearby retailers, or for analytics purposes. You may discontinue our collection and use of geolocation information by changing the settings on your browser or mobile device.

Virtual Try-On Feature: When You use our virtual try-on feature, we need to collect your video, picture, and image, which may include a copy of Your face geometry, in order to provide you access to the service. We do not store, maintain, share, or otherwise use this information, and we utilize a third-party, to facilitate that service. Please note that any image, picture, or video that may be captured or generated by the virtual try-on feature may be stored on the server, computer, or system that you are using to access this feature.

How We May Use the Information We Collect

Facilitate your transactions, including processing and fulfilling purchases and shipping orders, communicating about orders and order status; Provide services you have requested; Send you promotional and other communications, in accordance with applicable laws; Respond to your inquiries; Communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, offers, loyalty programs, surveys and market research; Deliver advertisements based on your interests; Provide you with an interactive social media experience that allows you to connect your social networking community to the Sites; Create and manage your account; Process your employment application, and notify you of future employment opportunities that may be of interest to you; and to help you locate distributors of our products. We may also use your information to ensure a Secure Online Environment and Comply with Legal Requirements; Protect against and detect fraud, abuse, and other unlawful activity; Enforce the Sites’ Terms of Use, other corporate policies, and industry standards; and Comply with all applicable laws and our reporting obligations.

Opt-Out Policy

To stop receiving marketing emails from us, please follow the “unsubscribe” instructions in the email you receive from us. We will process your request within a reasonable period of time. We are not responsible for removing your personal information from lists of any third party, such as a business partner, that has previously been provided with your information under this Privacy Policy.

Third-Party Analytics

We may use third-party analytics services, such as Google Analytics, on our Sites. These providers may use technologies such as cookies to help us analyze visitors’ use of our Sites. The information collected through these technologies, including your IP address, may be disclosed to the analytics providers and other relevant third parties that use the information to analyze the use of the Sites. The foregoing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. Do Not Track: We do not alter our data collection and use practices in response to Do Not Track signals.

How We May Use Cookies

We use cookies to record user-specific information on what pages users access or visit. A "cookie" is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer's hard drive. Cookies allow KISSUSA.com to recognize your computer while you are on its website and help customize your online experience. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website. Most web browser applications (such as Microsoft Internet Explorer) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website. The Sites use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. We do not partner with or have special relationships with any ad server companies.

How We Protect Your Information

We have information security programs designed to reasonably safeguard data that can individually identify you. You can review, modify, and delete certain information related to your use of our Sites by accessing your account. You can unsubscribe to email, text, or other messages through your account settings or by following the instructions contained in the message. You also request to update your information by contacting us at help@joahbeauty.com. Unless you direct us otherwise, we reserve the right to retain your personal information to the maximum extent permitted by applicable law.

Requesting Deletion of Your Personal Information: If you have provided your personal information or had your personal information provided to us, you may initiate a request for deletion by contacting us via e-mail at help@joahbeauty.com with the subject line: “Request for Deletion of Personal Information.” Please make sure to include your account information from which you wish to have your personal information deleted.

Third-Party Ads

Our Sites may use Google Analytics for advertising to collect analytics about how you use our Sites. We may use the Google Analytics and Google advertising cookies together to collect data for advertising purposes. You can opt out of Google Analytics using Google's Ad Settings.

Business Transfers and Corporate Changes

We reserve the right to disclose and transfer all information related to the Sites, including personal information, to a subsequent owner, co-owner, or operator of one or more of the Sites; or in connection with a corporate merger, consolidation, or restructuring or other corporate change, including, without limitation, during the course of any due diligence process.

Location and Transfer of Personal Information

KISS is a global company, subject to applicable laws, so your personal information may be stored and processed in a country where KISS performs business, other than your country of residence or the country from which you provided KISS with your personal information. Other countries may not have the same data protection laws as the country in which you reside. In addition, we may transfer the personal information we collect about you through the Sites to our affiliates, subsidiaries, and service providers in other countries, such as to the United States, for the purposes described above. When we transfer your personal information to another country, we do so in accordance with applicable law. When we transfer personal information from the European Economic Area (EEA), the United Kingdom (UK) or Switzerland to non-EEA and UK countries, we rely on approved data transfer mechanisms, which may be requested by contacting us at help@joahbeauty.com. By providing us with your information through the Sites, you consent to this collection, processing, and transfer of your personal information.

ADDITIONAL LOCATION SPECIFIC NOTICES

For California Residents: California Do Not Track Disclosure

California Civil Code Section 1798.83 permits California residents to opt out of the disclosure of personal information by KISS to third parties for the third parties’ direct marketing purposes. To opt out of such disclosures, send an Email: help@joahbeauty.com.

Or write to us at:

Mailing address:

Customer Service
KISS Products, Inc.
25 Harbor Park Drive
Port Washington, NY 11050.

Phone:

516-625-9292

For California residents under the age of 18, and registered users of any Site where this Privacy Policy is posted, California Business and Professions Code Section 22851 permits you to request/obtain removal of content you have publicly posted. To do so, send a description of the information to help@joahbeauty.com. Note: A request does not guarantee removal of the content you posted; there may be instances in which the law does not require or allow removal, even upon request.

Illinois Residents:

This section applies only to Illinois residents and supplements our Privacy Policy above.

As indicated in our Privacy Policy, we may collect biometric information such as facial geometry if you use certain of our virtual try-on applications. For Illinois residents who provide us with biometric information (such as during the use of our virtual try-on applications), in accordance with Illinois state law, we will retain biometric information only until the occurrence of the first of the following:

· The initial purpose for collecting or obtaining such biometric information has been satisfied, or

· Three years following your last interaction with us.

European Union Data Processing and Retention

This section applies to our processing of personal data from data subjects located within the European Economic Area. This section is intended to provide increased transparency into our processing, retention, and transfer of EU resident personal data in accordance with the EU’s General Data Protection Regulation (GDPR).

As regards personal data provided by you, KISS is generally the “data controller” as that term is used in the GDPR.

KISS processes personal data for the purposes described above. In some cases, personal data collection may be necessary to provide you with certain services. If personal data will be used in other ways, we will provide notice at the time of collection. We will always have a legitimate legal basis for our processing of personal data, which may include one of the following: (a) you have consented to our processing your personal data; (b) processing is needed to fulfill a request made by you; (c) processing is required to comply with a legal obligation that applies to KISS; or (d) processing is necessary for reasons that are in KISS’s legitimate interests as a company, such as to protect our business. If we plan to process personal data for a use other than that for which it was initially collected, we will inform you about this and any additional details that are needed. KISS does not use your personal data for purposes of automated decision-making or profiling.

Cookie Policy: By consenting to the use of cookies, you agree that we can store and access cookies as described here. A cookie is a text file that can be stored and accessed from your device when you visit one of our websites (the "Sites"), to the extent that you consent, allowing us to distinguish your device from other users of the Sites. For more information visit www.youronlinechoices.eu. We may use cookies to identify you and track your visits to our Sites, to control access to certain content, to protect the Sites, and to process your requests. We may contract with third-party service providers to track data about usage of, and volume of traffic on our Sites. These third-party providers may use persistent cookies to help us improve user experience, manage site content, and track user activity. We also may use third-party service providers to email users who provided us with their contact information, and the third-party service providers may drop cookies on users’ devices to help improve email communications. All data that these third-party service providers collect on behalf of KISS will be used solely by or on behalf of us and will be shared externally only on an anonymous, aggregated basis.

The following cookies may be used:

Strictly necessary cookies are essential to enable you to access our Sites and utilize features. Without these cookies, certain services you request, such as registering for an account, cannot be provided.

Performance cookies collect information about how visitors use our Sites, for instance, which pages visitors visit most often. We use this information to improve our Sites and to aid us in investigating problems raised by visitors. These cookies do not collect information that identifies a visitor.

Functionality cookies allow our Sites to recall choices you make and provide more personal features. For instance, a functional cookie can be used to remember the text size, languages and other aspects of the site that are alterable, and provide customization during future visits to the Sites. The information these cookies collect may be anonymous and they cannot track your browsing activity on other websites.

Targeting cookies are used to deliver advertisements and promotions relevant to you and your interests. They collect information about your browsing habits. Targeting cookies are linked to services provided by third parties, such as 'like' and 'share' buttons and advertisements, so that they can make their advertising more relevant to you when you visit their websites.

To refuse or withdraw your consent to the use of cookies, you can set your internet browser to reject the setting of all or some cookies and to warn you when a cookie is placed on your device. You can find more specifics on how to do so in your browser ‘help,’ ‘tool,’ or ‘edit’ section or visit www.allaboutcookies.org. Do note that if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access or use all or part of certain functions of our Sites. You can manually delete previously-stored cookies at any time, but this will not prevent our Sites from placing cookies on your device in the future, unless and until you adjust your internet browser setting as described above. For more information about user profiles and targeting/advertising cookies, visit www.youronlinechoices.eu if you are located in the European Union.

It is your decision as to whether to share your personal data. However, if you do not provide personal data when requested, we may not be able to provide you with all of our products and services, or with information about our products, services, and other opportunities.

Your Rights:

We reserve the right to maintain your personal data as permitted by applicable law, and you have certain rights regarding the personal data that we maintain about you, which in some cases you will be able to exercise. You can request a copy of the personal data that we maintain about you, and, if we keep your information based on your consent or so that we could enter into a contract with you, you can also request a copy of your information in a structured and machine-readable format. If your information is not correct, you may request that we correct, amend, or delete it. You may request that we erase or restrict the use of your personal data. If we rely on your consent as the legal basis for processing, you may withdraw such consent at any time by contacting us. You may object to the processing of your personal information in certain circumstances when we process your data for our legitimate interests. In accordance with applicable law, we will address your request as soon as possible, and in any event, within 1 month after receiving a valid request. If your request is complex, we may have to extend this period to 2 months. In accordance with applicable law, there may be circumstances where we are not legally required to fulfill your request, such as those requests that risk the privacy of others. Access and correction requests may be done for free, unless they are repetitive, excessive or unfounded, in which case we may charge you the administrative costs we incur for handling the request. Some of these rights can be exercised online, such as to review, modify, and delete certain information relating to your use of our Sites and unsubscribe to email, text, or other messages. If you are unable to manage your request via your online account, then please contact us using the contact information at the end of this section.

To Opt Out or Withdraw Consent:

At any time, you can direct us to not send you marketing communications by email by clicking the "unsubscribe" link within the marketing emails you receive from us or by contacting us as indicated below. We will honor your preferences, subject to applicable law. In certain instances, by withdrawing your consent to KISS’s use or disclosure of your personal data, you will not be able to take advantage of certain KISS products and services.

Complaints

If you are dissatisfied or have concerns about how we have handled your personal data, please contact us so that we can try to resolve the issue. We encourage you to contact us first, but you also have the right to lodge a complaint with the applicable supervisory authority.

TO CONTACT US:

Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us by:

Email:

help@joahbeauty.com

Mailing address:

Customer Service
KISS Products, Inc.
25 Harbor Park Drive
Port Washington, NY 11050.

Phone:

516-625-9291