CALIFORNIA CONSUMER PRIVACY POLICY

Skinbetter Science, LLC, together with its affiliated companies, (“us”, “we”, “our” or “Company”), is committed to respecting your privacy. The California Consumer Privacy Act (CCPA) gives certain consumers who are California residents specific rights regarding their personal information. This California Consumer Privacy policy (“California Privacy Policy”) summarizes what personal information we collect from California resident consumers while using any website operated by or on our behalf (each, a “Website” or “Sites”), and describes specific rights attributed to California resident consumers and how a California resident consumer, can submit a request(s) to us.

This California Privacy Policy only applies to consumers who are residents of the state of California (“You”). If you do not reside in California, this policy will not apply to you. In this case please refer to the Skinbetter Science Privacy Policy.

A California resident consumer may have the following rights under the CCPA:

• Right to request that we disclose Personal Information, or Categories of Personal Information, we collect, use, disclose, and sell.
• Right to request that we delete Personal Information collected by us.
• Right to request to opt out of the sale of Personal Information.

Access/Right to Know. Under the CCPA You have a right to request that we provide you with the following information:

• The categories and specific pieces of personal information we have collected about you in the last 12 months.
• The categories of sources from which we collect personal information.
• The purposes for collecting, using, or selling personal information.
• The categories of third parties with which we share personal information.
• The categories of personal information we have disclosed about You for a business purpose. Note that the CCPA defines “business purpose” broadly; and because we use service providers for a number of business purposes that require access to our systems that hold personal information (such as supplying cloud data storage, maintaining the security of our systems, and providing customer support), in the past 12 months we may have disclosed for a business purpose data from all of the categories of personal information that we maintain.
• The categories of personal information we have sold about You for each category of third party to which the personal information was sold. Note that the CCPA defines “sell” very broadly, and some of our data sharing described in this Policy may be considered a “sale” under that definition. However, as a matter of policy, we do not sell any information pertaining to any of our consumers.

Please note, personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope: personal information covered by certain sector-specific privacy laws; health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA); or clinical trial data.

Right to Delete. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. For example, we may deny a deletion request where retaining the information is necessary for us or our service providers. Data may need to be kept to:

• Process an existing order or provide scheduled services for which we collected the personal information.
• Track consumer complaints or product issues.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or to comply with a legal obligation.
• To be used internally in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt-Out from Sales. We do not sell your information, nor do we plan to sell your information in the future. However, the CCPA also gives you the rights to opt-out from future sales of personal information, which you can exercise by selecting the “Do Not Sell My Personal Information” option on our opt-out request form. Please be aware there may be circumstances where we can share information with others even if you instruct us to stop “selling” your personal information, as permitted under the CCPA. For example, we may still be able to share information with our service providers so that they can provide services to us. In addition, your instruction to stop “selling” your personal information will not affect sharing that occurred before you gave us the instruction.

Sources of Personal Information. Personal information is information about an identifiable individual, such as your name, address, telephone number, email address, or payment information (“Personal Information”). We collect Personal Information when you voluntarily provide it through a Website, or when you provide it to us through other means. For example, we may collect Personal Information when you:

• provide us with information on our Website;
• create an account;
• use a Website to make a purchase; or
• otherwise provide us with Personal Information.

The Personal Information we collect may include:

• when you create an account, your first and last name; contact information, such as your address, telephone number, or email address; your age; and your selected home location for your account;
• if you choose to make a purchase, your payment information; and
• any other Personal Information that you voluntarily choose to submit to us or to a Website.

Categories of Personal Information we may have collected from or about our consumers in the preceding 12 months.

• Identifiers (e.g. name, mailing address, email address, phone number, credit/debit card number)
• Commercial information (e.g. products or services purchased, purchase history)
• Geolocation data (e.g. latitude or longitude)

Purposes for Collecting Personal Information. We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, or for other purposes that are disclosed to you and to which you consent. For example, we may use or disclose your Personal Information to:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
• your skinbetter science authorized physician provider (“Provider”), if you register to create a skinbetter science account with or without an accompanying purchase of skinbetter science products;
• Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
• Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Debugging to identify and repair errors that impair existing intended functionality;
• Undertaking internal research for technological development and demonstration; and
• Undertaking activities to verify or maintain the quality or safety of a service or product that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or product that is owned, manufactured, manufactured for, or controlled by us.

When you visit skinbetter.com, we may collect information that is automatically sent to us by your web browser or your Internet service provider. This information may include your domain name, and your numerical IP address. We may also collect other general information (such as the type of browser you use, which pages you view, and the files you request). We use this information to better understand how visitors use our Website(s), and to improve our Website(s) to better meet your needs. We use this information in the aggregate, and do not link it to your Personal Information. The amount of information that is sent by your web browser depends on the browser and settings you use. Please refer to the instructions provided by your browser if you want to learn more about what information it sends to websites you visit, or how you may change or restrict this.

When registering an account or purchasing a product on skinbetter.com you will be required to choose a Provider or, if you do not have a Provider, we will automatically assign one to you based on your location. We may share your Personal Information with your Provider so that they can assist you with product guidance or offer skinbetter science products or other services or products to you. We recommend that you read the Provider privacy policies so you can understand the manner in which they will handle your Personal Information. If you do not wish for your information to be shared with your Provider, please refrain from registering your account with us. If you wish to opt-out from further disclosures, please contact us via the methods provided at the end of this policy.

We may also use, or disclose to third parties, your Personal Information if we have reason to believe that using or disclosing such information is necessary to (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter, for example, if we are subject to a subpoena or a court order, or if the information is requested by the police or another law enforcement entity; or (iv) protect our rights, safety, or property. We may transfer your Personal Information to third party service providers that assist us with carrying out these purposes. For example, we use third party service providers to facilitate payments, and we may use a data processing contractor to operate computer systems on our behalf. When Personal Information is transferred to such a third-party service provider, that party will be contractually bound to use such Personal Information only to carry out the services we have requested, and to provide protection for the Personal Information.

User Content Terms & Conditions These User Content Terms and Conditions, together with our Privacy Policy (including our California Consumer Privacy Policy) and website Terms of Service, apply if you share and/or provide us with your photo, video, testimonial, or any other content that you submit to our sites, social pages, or promotions, or that you authorize us to use if you opt-in or respond “yes” to a request by us to re-use your content (collectively “User Content”).

Note, we do not claim ownership over User Content. You retain all intellectual property rights in and to User Content you post, upload, or otherwise make available, including any copyrights in your photos and videos. Skinbetter science does not claim ownership in User Content.
However, by agreeing to these Terms and Conditions you consent to Skinbetter Science, LLC, together with our parent company, other affiliated companies, and third-party providers (collectively “skinbetter science”) using your User Content and you also provide us with certain assurances that User Content is appropriate for use.

You grant skinbetter science a worldwide, royalty-free, non-exclusive, non-revocable, and transferable license to use your photo(s) video(s), testimonial(s), likeness and/or other content you provide to skinbetter science either online, such as but not limited through skinbetter science website or social media platforms that we manage (such as, but not limited to our accounts at Facebook and/or Instagram platforms). For avoidance of doubt, you understand that User Content also includes “hashtag” with #skinbetter or that you “hashtag” with a term including skinbetter science product or campaign hashtag (together with your social media handle, username, profile picture, location, and other information that you may have included with other User Content). More simply put: if you post User Content, we can show it to people and others can save it. Don’t post or share with us any User Content you do not wish to be shared by us with others.

You also acknowledge and agree that skinbetter science can download, save, store, use, reproduce, modify, delete in its entirety, adapt, publish, translate, display, perform, and distribute your User Content, and create derivative works from your User Content in any manner for any media in its sole discretion including if such User Content includes a photograph of persons using such photographs, derivative works created from such photographs, and the likeness of any persons included in such photographs.

You also represent and warrant that you own all rights in and to User Content and that you have permission from any person(s) appearing in User Content to grant the rights herein and that our use of such User Content will not violate any rights or cause injury to any other person or entity or violate any law or third-party legal rights.

The User Content is a true and accurate expression of your honest belief based on your own personal use and experience with skinbetter science products and that you will disclose receipt of any free product or incentives in exchange for providing User Content.

You hereby release, discharge, and agree to hold skinbetter science and any person acting on its behalf harmless from any liability related in any way with the User Content.

You acknowledge that by submitting User Content to skinbetter science, you are agreeing to skinbetter science’s Privacy Policy (including our California Consumer Privacy Policy), our website Terms of Service and the terms and use of User Content, which means that my personal information may be stored and transferred to or made accessible all over the world and may be shared with affiliates and third parties working with skinbetter science or on skinbetter science’s behalf.

Third Parties. California law requires website and online service operators to disclose whether third parties may collect personal information about California based consumers’ online activities over time and across different Sites when utilizing the operator’s website or service. We do not knowingly permit such third parties to collect any personal information from our Sites, however third parties that have content or services on our Sites such as social media functionality, data analytics services, or an advertising partner, may obtain information about your browsing or usage habits if you interact with our Site. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

In general, the third-party providers used by us will only collect, use and disclose your information only to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as (i) payment gateways and other payment transaction processors; and, (ii) your Provider, have their own privacy policies in respect to the information we provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your Personal Information. Once you leave our store’s website or are redirected to a third-party Website or application, you are no longer governed by this Privacy Policy or our Website’s Terms of Service.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

We may share your Personal Information for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the Site, personal information, usage and product purchase information, and any other information that we have collected about the users of the Site may be disclosed to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Process Used to Verify an Access and/or Deletion Request. You will be required to submit 4 pieces of information including your name, address, email, and phone number. We will use this information to search our systems and determine if we have information about you. If we are able to locate information about you, we will fulfill your Access and/or your Deletion request. If we are not able to match all 4 pieces of information you submit, we may provide you with a report that includes the categories of personal information we collect, use, disclose, and sell.

If you are an Authorized Agent, you will be required to submit your name, address, email, and phone number as well as the name, address, email and phone number of the consumer you are making a request on behalf of. We will use the consumer’s information to search our systems and determine if we have information about the consumer. If we are able to locate information about the consumer we will fulfill the Access and/or Deletion request. As an Authorized Agent you will receive an email confirming that we have received the request along with a second email asking you to fill out a certification form confirming your information and certifying you have the right to make this request on behalf of the consumer. Once the report is ready, it will be sent to the email you provided at the time you submitted your request.

Timing. If we are successful in validating your identity, we will endeavor to respond to a verified consumer request within 30 days and in the manner required by this California Privacy Policy. If we require more time, we will inform you of the reason and extension in writing. If we cannot validate your identity, we will attempt to contact you to inform you of this issue.

How to Exercise Your California CCPA Rights. You can exercise your CCPA rights by submitting your request(s) to us using our web form.

If you want to exercise more than one of your CCPA rights, please submit a separate request for each CCPA right, which will help us handle your requests more effectively. Please be aware that we will process your requests in the order we receive them.

We will need information from you to process your request so that we can confirm you are a California resident, determine if we have personal information about you, and, for access and deletion requests, verify your identity. We may also need to contact you about your request, and you can choose the contact method you would like us to use. Please be aware there might be circumstances where we will not honor your request, as permitted under the CCPA. For example, if we are not able to verify your identity and that you are a California resident, we may not honor your access or deletion request. In addition, we may not delete your personal information if an exception under the CCPA applies. You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us. If you want an authorized agent to submit a Delete My Personal Information or Access My Personal Information request on your behalf, the authorized agent must provide proof of their registration with the California Secretary of State, as well as proof that you gave the authorized agent written permission to submit the request(s) on your behalf. We may also require you to verify your identity with us. If you want an authorized agent to submit a Do Not Sell My Personal Information instruction on your behalf, the authorized agent must provide proof of their registration with the California Secretary of State, as well as proof that you gave the authorized agent written permission to submit the instruction on your behalf.

Non-Discrimination. You have a right to not be discriminated against for exercising rights set out in the CCPA. We will not discriminate against you for exercising any of your CCPA rights. Should you choose to exercise any of your privacy rights as a California based consumer, we will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of services, based solely upon your request.

However, in some circumstances, for example where you have requested or consented to our services that use your personal information to provide the service, we may not be able to provide this service if you choose to delete your personal information, such as maintaining your account on our Sites.

Minors. We do not knowingly collect, use or disclose personally identifiable information from anyone under the age of 18. If we determine upon collection that a user is under the age of 18, we will make reasonable efforts to delete such information from our records.

If you have any further questions regarding your rights to access the data Skinbetter Science collects under the CCPA, please feel free to contact us via our general Contact Us form.

Skinbetter Science LLC
Attn: Legal Department
3200 E Camelback Road, Suite 395
Phoenix, AZ 85018 USA
Last Updated: August, 10 2022