PRIVACY POLICY

Makeupforever.com/en-us (the "Website") is published and maintained by MAKE UP FOR EVER LLC, with offices located at 841 Broadway, 4th Floor New York, NY 10003 ("MAKE UP FOR EVER ", "we," "us" or “our”).

In the EU, MAKE UP FOR EVER, a public limited company with its registered office at 5 rue de la Boétie, 75008 Paris, France. registered with the RCS of the Paris Trade and Companies Register under number B 318 309 267, Siret 31830926700033 is responsible for processing personal data collected on the site www.makeupforever.fr within the meaning of the applicable data regulations personal data and in particular EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ( hereinafter “GDPR”). For additional information, please see the full EEA privacy policy here.

WHAT THIS POLICY COVERS

This privacy policy ("Privacy Policy") describes our policies regarding the collection, use and disclosure of personal information obtained from you online (whether via computer or mobile device), in store, by telephone or at our MAKE UP FOR EVER Academy locations. By “Personal Information” we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This may include things like your e-mail address, mailing address, birthday or telephone number. It may also include credit card and other payment information, demographic information or other information that may identify you as an individual or allow online or offline contact with you as an individual.

This policy does not cover your information when submitting a job application, or while employed with MAKE UP FOR EVER.
We may interact with you on third party sites where we post content or invite your feedback, such as Facebook or Twitter. This Privacy Policy does not cover the information that you submit on those other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter or YouTube, that information is governed by the privacy policies of these third party websites and not this Privacy Policy.

WHAT PERSONAL INFORMATION IS COLLECTED

Depending on how you use the Sites or engage in the other services described below, we may ask you to share Personal Information with us.

MAKE UP FOR EVER will ask you for information, including some Personal Information, if you use one of several services.

TYPE OF SERVICE WITH EXAMPLES OF PERSONAL INFORMATION COLLECTED:


SERVICE

PERSONAL INFORMATION

Signing up for email blasts, catalogs, Academy information and mailers to get information about new products, events, tips, our Academy and more.

Name, email address, mailing address and optional information regarding preferences and interests.

Registering on our Website

Name, Birth Date, Phone Number and email address.

Making a purchase

Name, credit card number, billing address and phone number.

Entering sweepstakes, contests and surveys

Name, email address, and other information as required by the particular sweepstakes, contest or survey.

Submitting Ratings & Reviews

Name, email address, and beauty profile information.

In store communications

Name, email address, phone number and optional information regarding product preferences.

Applying for a Backstage Card (for professional customers)

Complete contact information as well as information regarding professional services you offer including your website URL, portfolio images and other relevant content to support your professional status.

Birthday program

Name, email address, and birth day, month and year.

Applying for MAKE UP FOR EVER Loyalty Program

Name, email address, mailing address, phone number, birth day, month and year.

Enrolling at the MAKE UP FOR EVER Academy

Name, email address, mailing address, photo ID, educational information, and telephone number.

Enrolling in the MAKE UP FOR EVER Alumni Network

Name, email address, and option information regarding work experience.

Visit the website

IP address, domain name, and network activity on our Website.


We also use a number of technologies to automatically collect information about your activities on the Website (and may use other technologies in the future):

• COOKIES AND FLASH COOKIES

We may use "cookies" or “flash cookies” to keep, and sometimes track, information about you. Cookies are small data files that are stored on your computer's hard drive and can be used to collect information about where you travel on our Website and what you look at on our Website. Flash cookies (also called Local Shared Objects) are data files similar to cookies except that they can store more complex data. Cookies and flash cookies may store the information in your shopping cart, your username and/or password, settings, preferences or your IP address. All of these purposes serve to improve and personalize your experience on our Website. You can control how your browser handles cookies received from websites. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept Cookies from certain websites that you designate. By refusing to accept cookies from MAKE UP FOR EVER, you may not be able to use some of the features and functionality available on the Website.

• CLEAR GIFS

We may use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, in the Website and/or in our communications with you to enable us to know whether you have visited a specific page on the Website or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Website page or in an e-mail that communicates to us whether you viewed an email that we sent you or visited a certain page on our Website. A clear GIF may enable us to relate your viewing or receipt of a Website page or message to other information about you, including your Personal Information..

• IP ADDRESS AND CLICKSTREAM DATA

Our server automatically collects data about your server's Internet address when you visit the Website. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Internet. When you request pages from our Website, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to our Website (e.g., another website or a search engine); the pages you visit on this Website; the website you visit after this Website; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Website or a referral site; and other Web usage activity and data logged by our Web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our Website. Such information may also be used to gather broad demographic information, such as country of origin and internet service provider. Any or all of these activities with regard to Website usage information may be performed on our behalf by our service providers.

• ADVERTISING COMPANIES

We may use the services of one or more advertising companies. If We do, these advertising companies may also collect information from your activities on the Website as well as other sites for the purpose of providing advertisements and other content that is customized to your interests and preferences. This means that our ads may appear on participating web sites based upon your browsing activity. To allow us to offer our customers streamlined ordering and other useful features, we may use and allow advertising companies to use the technologies listed above and other similar technologies.

• MOBILE DEVICES

You may be visiting our Website from your mobile device. Certain mobile service providers uniquely identify mobile devices and we or our service providers may receive such information if you access the Website through mobile devices. Some features of the Website may allow for the collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Furthermore, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our service providers may receive this information.

MAKE UP FOR EVER does not knowingly collect or use any Personally Information from individuals under the age of 13. If we become aware that any such information has been provided or submitted to us, we will delete the information as soon as possible.

MAKE UP FOR EVER retains the Personal Information collected from you until you elect to no longer receive emails or information from us, otherwise terminate your account with us or when MAKE UP FOR EVER concludes it no longer requires that Personal Information for its legitimate business purposes.

By providing Personal Information to Us, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

HOW THE PERSONAL INFORMATION IS USED

We will use the Personal Information you provide to us, for example, to respond to your requests and to provide you with our product and service offerings. We may also use your Personal Information to maintain our internal record keeping, track your purchase history, and contact your for account and promotional purposes. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. We also may analyze user behavior as a measure of interest in, and use of, our Website and e-mails, both on an individual basis and in the aggregate. Finally, we may use your Personal Information for other legitimate business purposes, including to detect and prevent fraud, to collect amounts owing to us and to maintain our business records.

You may choose to unsubscribe from our communications by following the instructions in the Right to Unsubscribe section below. You can also amend your contact information by following the instructions below.

WHAT ARE THE LEGAL GROUNDS THAT LEGITIMIZE THE PROCESSING OF YOUR DATA?

If you reside in the EEA, our legal grounds for processing your personal data are as follows:

• for the execution of the contract entered into between you and MAKE UP FOR EVER, in order to manage your access to your customer account, as well as for the processing and monitoring of your orders;

• as part of its legitimate interest for the purposes of marketing management, securing its digital media (websites, applications, etc.) and the fight against fraud;

• when you have given us your consent for the processing of your data, in particular for the purposes of managing our commercial prospecting, your browsing data via cookies, etc.

• within the framework of the respect of its legal obligations, in particular tax (conservation of purchase invoices) and of cosmeto-vigilance with regard to Regulation EU 1223/2009 of November 30, 2009 relating to cosmetic products;

HOW WE SHARE PERSONAL INFORMATION AND WEBSITE USAGE INFORMATION?


• CORPORATE AFFILIATES

We may share certain Personal Information with our affiliates who have services, products and offers that we think might be of interest to you. You can elect not to receive communications from our affiliates by following the instructions in the Right to Unsubscribe section below.

• VENDOR OFFERS

We may provide visitors an opportunity to receive offers from other entities who have services, products and offers that we think might be of interest to you. Unless you elect not to receive such offers by following the instructions in the Right to Unsubscribe section below, we may from time to time provide your Personal Information to these entities so that they may send you these offers. If you change your mind and no longer want us to share your Personal Information with these types of third parties, follow the instructions to opt out in the Right to Unsubscribe section below.

• SERVICE PROVIDERS

We may use service providers to help operate our Website and deliver our products and services, and may share your information with our affiliates, service providers and other entities that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf).

• AGGREGATE STATISTICS AND BEHAVIORAL-BASED ADVERTISING

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Website and e-mails to service providers like advertising and marketing partners in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. A service provider may use technology (e.g., a cookie) to collect information about your use of our Website and other websites so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our Website, or on other websites.

• LEGALLY COMPELLED DISCLOSURES

We may disclose user information when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Website, or anyone else that could be harmed by such activities. Additionally, we cooperate with law enforcement inquiries and other entities to enforce laws, intellectual property rights and other rights.

• CO-SPONSORED CONTESTS, SWEEPSTAKES AND PROMOTIONS

Some of our contests, sweepstakes and other offerings may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. We are not responsible for how our co-sponsors may use your information.

• BUSINESS TRANSFER OR TRANSITION

In the event that we are acquired by one or more other parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, or if we sell or otherwise transfer our assets or operations, Personal Information may be one of the transferred assets. We may also disclose Personal Information to prospective purchasers to evaluate a proposed transaction with us.

• SOCIAL NETWORKS, WIDGETS AND PLUG-INS

If you use any features made available to you on our Website by a social network it may result in information being collected or shared between us and the social network. For example, if you use Facebook’s “Like” feature Facebook may register the fact that you “liked” a product and may post that information on Facebook. As another example, if you posting images to Instagram using hashtags that directly correlate with our campaigns, that gives us permission to dynamically pull this content into our Website.

• PUBLIC AND INTERACTIVE AREAS

We may from time to time provide interactive services on our Website, including, without limitation, blogs, chat rooms, bulletin boards and discussion groups. Personal Information that you post on or through the public areas of any Website is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not provide Personal Information about yourself in public or interactive areas of the Website. If posted, such Personal Information will be publicly available, and MAKE UP FOR EVER can no longer guarantee its security or control its use by others.

• OTHER DISCLOSURES

We may ask if you would like us to share information with unaffiliated third parties who are not described in this policy.

HOW WE PROTECT YOUR INFORMATION


While MAKE UP FOR EVER will take reasonable precautions to protect the security and integrity of Personal Information, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

Unfortunately, despite our efforts, there is always a risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk. We will not be liable for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

If you contact Us by e-mail or through a "contact us" link or similar feature on our Website, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.

If you choose to become a registered user, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Website by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify MAKE UP FOR EVER of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session (especially if you are using a public computer or a shared computer). It is your responsibility to control the dissemination and use of your password, control access to and use of your account, and notify MAKE UP FOR EVER when you desire to cancel your account. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, We would endeavor to do so as promptly as possible under the circumstances, and we may notify you by email, postal mail, or phone call.

YOUR CHOICES ABOUT YOUR PERSONAL INFORMATION


• RIGHT TO UNSUBSCRIBE

You may have the right to unsubscribe from our marketing messages. If you would like to unsubscribe from receiving promotional emails from us, please follow the unsubscribe instructions located at the bottom of each email. If you would like unsubscribe from receiving direct mail or telephone marketing calls from us, or if you prefer that we not share your Personal Information with third parties for marketing purposes, please send your request, including your name, email, street address, city, state, and zip code, via email to contact@makeupforever.com (please use the subject line: Privacy Unsubscribe Request). You can also call Customer Service at 1 (855) 575-3820 or go online to your account page on the Site and change your email and marketing preferences at any time.

We are not responsible for notices that are not labeled or sent improperly, or do not have complete information. We will process your request within 30 days of the date we receive your request, but you may, in the meantime, receive previously scheduled emails, mail or calls from us. We will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such date following your request. In these cases, please contact that entity directly. Once you have unsubscribed, you do not need to do so again. Please note that MAKE UP FOR EVER may still use your Personal Information (and may share your information with our service providers) to provide you with services, including sending you administrative and transaction-related emails, relating to your online shopping needs and your other activity on the Website.

You can opt out of some, but not all, online behavioral based advertising by clicking http://www.networkadvertising.org/choices/

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

• MODIFY YOUR INFORMATION

You can edit some of your personal and account information as and when you want by following the instructions below:

• If you have a customer account, simply "Sign In" to your account at the top right hand corner of the page and enter your email and password in the pop up window that will appear. Then click on "My Account" at the top right hand corner of the page where you will be able to see and edit some of your Personal Information. Other Personal Information may be not be editable through your account.

• If you purchased an item in one of our boutiques, please contact Customer Service at 1-855-575-3820.

• If you provided your information on our website but do not have a customer account, please contact Customer Service at 1-855-575-3820 or contact@makeupforeverusa.com.

• If you enrolled in the ACADEMY, contact the ACADEMY Team at academyadmissions@makeupforeverusa.com or (212) 377-3600.


NOTICE TO EEA RESIDENTS


DATA TRANSFERS ABROAD

Some recipients of your personal data may be located abroad, including outside the European Economic Area. Any transfer of your data outside the European Economic Area is carried out subject to appropriate guarantees, in particular contractual, technical and organizational, in accordance with the applicable regulations on the protection of personal data.

HOW LONG DO WE KEEP YOUR DATA?

The legal retention periods defined by MAKE UP FOR EVER comply with the recommendations of the Commission Nationale Informatique et Libertés and / or the legal obligations to which MAKE UP FOR EVER] is subject.

YOUR CHOICES

In accordance with the regulations in force, in particular the GDPR, you have the right to access and rectify your personal data, as well as the right to request its deletion, to oppose their processing for legitimate reasons and obtain its limitation or portability to the extent that this is applicable.You also have the right to formulate specific or general directives concerning the storage, erasure and communication of your post-mortem data. These rights can be exercised directly with MAKE UP FOR EVER by e-mail to the address dpo@makeupforever.fr or by regular mail to the address 5/7 rue du commandant Pilot, 92200 Neuilly sur Seine, accompanied by a title identity.

You can ask to no longer receive our communications relating to our offers, news and events at any time by using the hypertext link provided for this purpose in each email we send you.

You can also reach us by phone by calling 01 41 43 13 19 (non-surcharged call) from 9 a.m. to 7 p.m., 5 days a week or by regular mail to the Customer Service address 5/7 rue du Commandant Pilot, 92200 Neuilly sur Seine

You also have the right to lodge a complaint with Customer Service 5/7 rue du Commandant Pilot, 92200 Neuilly sur Seine


CONTACT DETAILS OF THE DATA PROTECTION OFFICER (DPO) AND RIGHT TO LODGE A COMPLAINT


For any questions related to the collection and processing of your Data by MAKE UP FOR EVER, you can contact our MAKE UP FOR EVER data protection officer by email at the following address dpo@makeupforever.fr

You also have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL) 3 place de Fontenoy TSA 80715 - 75334 Paris Cedex 07 - www.cnil.fr

NOTICE TO CALIFORNIA RESIDENTS - YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you have certain rights in some instances:


o You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you.

o You may be entitled to ask us for a notice describing what categories of personal information (if any) we share with other entities or affiliates for their direct marketing purposes.

o You may have the right to request that MAKE UP FOR EVER and its service providers delete the Personal Information that we have collected about you. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.

o If you are visually impaired, you may access this notice through your browser’s audio reader.

You can make such a request either by contacting us at or by clicking the link above. Please clearly describe what request or requests you are making. If we are required by law, we will comply with the request. Please note that we may limit or deny your request if the law permits or requires us to do so, or if we are unable to adequately verify your identity. Please address written requests and questions about your rights to contact@makeupforeverusa.com or call us at 1(855)575-3820. We do not discriminate against California consumers who exercise these rights.

Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity or a copy of your photo ID. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:


1. A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf.

2. If you are a business, proof that you are registered with the Secretary of State to conduct business in California.


If we do not receive both pieces of information, the request will be denied.

To review the categories of information we have collected or transferred for a business purpose within the previous 12 months, please click here

CHANGES TO THIS PRIVACY POLICY

MAKE UP FOR EVER reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Website by posting such changed or updated Privacy Policy on this page. We may also elect to notify you of changes or updates to our Privacy Policy by other means, such as posting a notice on the front page of our Website or by sending you an e-mail. We also will note the effective date of the latest version at the end of this Privacy Policy. You should review our Privacy Policy periodically so that you keep up-to-date on our most current practices.

Should our policy change in a material way, we will continue to treat your information collected under the old policy in accordance with the policy that was in effect at the time we collected it.

HOW TO COMMUNICATE WITH US

If you have any questions or comments regarding our privacy or security practices, you may contact us at contact@makeupforeverusa.com and also by mail or telephone at:

MAKE UP FOR EVER LLC
841 Broadway St.
4th Floor
New York, NY, 10003.

1(855)575-3820

contact@makeupforeverusa.com


August 10, 2020
August 10, 2020