California Privacy Disclosure
Swan USA LLC (collectively with its subsidiaries and affiliates, the “Company”, “we”, “us” and “our”) is committed to protecting the information of visitors and consumers who use our products and services. This California Privacy Disclosure (“Disclosure”) outlines how Company collects, uses, and discloses the personal information of California consumers covered by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”). The words “you” and “your” refer to you as a user of the Platform (defined below); “consumer” shall mean California consumers as defined in the CCPA.
This Disclosure describes the types of information we collect from you or that you may provide when you:
- visit our website available at: https://www.swanbeauty.com (“Website”) as well as any other websites, blogs, mobile, the SWAN mirror, and applications including the SWAN application directly owned by, or operated by or on behalf of, the Company (“Application”) where this Disclosure is linked (collectively, the “Platform”).
PRIVACY POLICY; TERMS OF USE
This Disclosure is incorporated by reference and should be read in conjunction with the Company’s (1) Privacy Policyand (2) Terms of Use.
PERSONAL INFORMATION WE COLLECT
To ensure that we provide you with the best possible experience, we will store, use, and share personal information about you in accordance with this Disclosure. Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). We may collect the following categories of Personal Information from visitors and users of the Platform. Additionally, the “Disclosed” column below details what categories of Personal Information have been disclosed in the past 12 months and to which category of third parties.
You may have the opportunity to provide additional Personal Information on our Platform, including but not limited to:
|
Category |
Examples |
Collected |
Disclosed |
|
Identifiers. |
A real name, postal address, unique personal identifier, universally unique identifier (UUID), online identifier, Internet Protocol address, email address, account name. |
YES |
YES – Affiliates and/or Service Providers. |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
|
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. |
YES |
YES – Affiliates and/or Service Providers. |
|
Protected classification characteristics.
|
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
YES |
YES – Affiliates and/or Service Providers. |
|
Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
YES – Affiliates and/or Service Providers. |
|
Sensitive Personal Information |
Precise geolocation, Social Security number, driver’s license, state identification card, passport number, account log-in, financial account, debit card, credit card number with security, or access code or password, racial or ethnic origin, religious/philosophical beliefs, or union membership, genetic data and processing of biometric information, health and sexual orientation. |
YES |
YES – Affiliates and/or Service Providers. |
|
Biometric Information. |
Hand or face geometry, genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
YES |
YES – Affiliates and/or Service Providers. |
|
Internet or other similar network activity. |
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
YES |
YES – Affiliates and/or Service Providers. |
|
Geolocation data. |
Physical location or movements. |
YES |
YES – Affiliates and/or Service Providers. |
|
Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
YES |
YES – Affiliates and/or Service Providers. |
|
Inferences drawn from other Personal Information. |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
YES |
YES – Affiliates and/or Service Providers. |
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, when you:
- register yourself with the Platform;
- place an online order;
- subscribe to one of our e-newsletters;
- review or comment on one of our products;
- upload content to the Platform; or
- otherwise communicate with us, such as contacting us for more information.
- Indirectly from you. For example, through information we collect from you in the course of providing our services to you.
- Third Party Sources. We may collect information about you from third party sources, such as our business partners.
- Directly and indirectly from activity on our Platform. For example, from Platform usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” in the Privacy Policy.
USE OF PERSONAL INFORMATION
We may sell or share your Personal Information (including Sensitive Personal Information) for cross-context behavioral advertising or targeted advertising. We may disclose your Personal Information to a third party for a business purpose. For information about what categories of Personal Information are disclosed by the Company and to which third parties, please see the “PERSONAL INFORMATION WE COLLECT” section above and the “Recipients or Categories of Recipients of Your Personal Information” section of our Privacy Policy.
Processing Purposes:
The Personal Information, including Biometric Information, we gather and that you provide is collected and processed for various purposes, including, but not limited to:
• Security, credit or fraud prevention purposes,
• Providing you with a personalized experience when you use the Platform,
• Developing new products and services,
• Contacting you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us),
• Contacting you with information and notices related to your use of the Platform,
• Inviting you to participate in surveys and providing feedback to us (in accordance with any privacy preferences you have expressed to us),
• Better understanding your needs and interests,
• Improving the content, functionality and usability of the Platform,
• Improving our products and services,
• Improving our marketing and promotional efforts,
• Any other purpose identified at the point of data collection, in an applicable privacy notice, in a click-through agreement or in any other agreement between you and us,
• Contacting you as requested by you,
• Providing our services effectively,
• Fulfilling our legal obligations,
• Processing of contracts, in particular for the processing of orders and invoicing,
• Advertising purposes,
• Delivering personalized, interest-based and targeted advertising through the Platform and third-party platforms;
• Creating consumer profiles, audience segments and marketing insights based on user preferences, characteristics, purchasing interests, beauty concerns and Platform activity;
• Training, testing, validating, improving and developing our artificial intelligence, machine learning and analytics systems;
• Improving the accuracy, performance and effectiveness of our beauty analysis, recommendation and personalization algorithms;
• Commercializing, licensing, disclosing or otherwise making available Personal Information to brands, commercial partners, advertisers and other third parties as described in this Policy,
• Sending the e-mail newsletter, if you have registered for this,
• Overseeing quality assurance, and
• For our statistics.
Biometric Information. Certain features of the Platform may collect, process or analyze facial images, facial geometry, facial measurements or other biometric information in order to provide personalized beauty recommendations, skin analysis, virtual try-on functionality, product recommendations, account authentication, or related Platform features. We may disclose Biometric Information to service providers that assist us with hosting, storage, analytics, technology development, artificial intelligence services and Platform operations, provided such parties are contractually restricted from using the information for their own independent purposes. Biometric information is collected only for the purposes described in this Policy and is not sold to third parties.
Where required by applicable law, we will obtain your express consent before collecting or processing biometric information. We retain biometric information only for as long as reasonably necessary to provide the requested functionality, fulfill the purposes described in this Policy, comply with legal obligations, resolve disputes, and enforce our agreements. Upon expiration of the applicable retention period, biometric information will be securely deleted or anonymized in accordance with our data retention practices.
We may also use Biometric Information for system monitoring, quality assurance, product development, analytics, research, fraud prevention, security purposes and to improve, train, test and validate our artificial intelligence, machine learning and beauty analysis systems. Such processing may include improving the accuracy of skin analysis, beauty recommendations, virtual try-on functionality and other Platform features.
Duration. The length of time Company intends to retain each category of Personal Information, including sensitive personal information, if any, is for as long as reasonably necessary to carry out Company’s intended business purpose for such information, or maximum duration permitted under law.
YOUR RIGHTS AS A CALIFORNIA CONSUMER
Shine the Light law. California Civil Code Section 1798.83 permits users of our Platform that are California residents to request that we refrain from sharing your Personal Information with certain of our affiliates and other third parties for their direct marketing purposes. To make such a request, please send an email to [email protected], or write us at: SWAN USA LLC, 401 S. Old Woodward, Suite 333, Birmingham, MI 48009 to the attention of: Customer Relations Team.
Do Not Track Signals. Other than as disclosed in this Disclosure, the Website does not operate any differently when it receives Do Not Track signals from your internet web browser.
WE MAY SELL OR SHARE YOUR PERSONAL INFORMATION AND SELL OR SHARE YOUR SENSITIVE PERSONAL INFORMATION. If we do “sell” or “share” Personal Information (including Sensitive Personal Information), as those terms are defined under the CCPA, we will include a link entitled “Your Privacy Choices” to provide you with an opportunity to opt out of the selling or sharing of your Personal Information. We do not have actual knowledge that we sell or share the Personal Information of consumers under thirteen (13) years of age.
Consumer Rights. If you are a California consumer, as defined by the CCPA, you may be afforded additional rights with respect to your Personal Information. Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity.
- Access. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
- Correction. You can correct what personal data our Platform database currently contains by accessing your account directly, or by contacting us to request that we correct or rectify any personal data that you have provided to us.
- Limit Use and Disclosure of Sensitive Personal Information. If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services. To submit a request to limit use of your sensitive personal information, please use the “Your Privacy Choices” link.
- Portability. Upon request and when possible, we can provide you with copies of your Personal Information. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Disclosure.
- Deletion. You have the right to request that we delete any of your Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Where applicable, we will ensure such changes are shared with trusted third parties.
- Opt-out of Processing. You have the right to request that we do not sell your Personal Information, use your Personal Information for targeted advertising, or use your Personal Information for profiling. Where applicable, we will ensure such changes are shared with trusted third parties. You will be able to opt-out of cookie-based targeted advertising and sales, by using the “Your Privacy Choices” link in the footer of the website. If you use the Global Privacy Control (“GPC”) browser signal, you will only be opted out of cookie-based sales or sharing of Personal Information, and will need to turn it on for each browser you use. To submit a request to opt out of non-cookie-based sales and Targeted Advertising, please use the “Your Privacy Choices” link.
- Non-Discrimination. If a California consumer exercises his or her rights under the CCPA, we shall not discriminate against that consumer by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
- Exercising your rights. If you are California consumer who chooses to exercise the rights listed above, you can submit a request via email at [email protected].
Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.
Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. You may have the right to appeal our decision regarding your request. If you would like to appeal our decision, please contact us using the contact information provided above.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
CHANGES TO THIS DISCLOSURE
This Disclosure may be amended from time to time and we shall post the revised Disclosure on our Platform. Changes will be effective upon posting.
CONTACT US
We value your opinions and welcome your feedback. To contact us about this Disclosure or your Personal Information, please contact us by email at [email protected] or by mail at SWAN USA LLC, 401 S. Old Woodward, Suite 333, Birmingham, MI 48009 to the attention of: Customer Relations Team.