Effective Date: 08/31/2020
Last Reviewed: 08/31/2020
The following Privacy and Cookies Notice (“Privacy Notice”) sets forth how USRx LLC, d/b/a Urban Skin Rx® (herein “Urban Skin Rx”, “we”, “us” or “our”), a limited liability company based in the United States, with our headquarters located at 8604 Cliff Cameron Dr. Suite 175 Charlotte NC 28269, United States, collects, uses, shares or otherwise processes personal information (herein, “personal information” refers to any information that identifies you or is about you as an individual), and your related privacy rights. This Privacy Notice applies to the personal information we collect from you when you purchase our products, use our services (including interacting with our blogs, forums, and website https://urbanskinrx.com, collectively herein “Website”), and make contact or interact with us in any other way, whether online or offline or anywhere else that we display this Privacy Notice. “You” or “your” refers to the person accessing our products and services, including our Website.
This Privacy Notice describes what information we collect and what we do with your personal information, your choices and rights, how we secure your information and how to contact us with any questions about our privacy practices. Please read it carefully so you can make an informed decision about your use of our services and Website. By using our services or interacting with our Website, you accept and agree to the terms of this Privacy Notice in effect at the time of your use or visit.
- Scope of This Privacy Notice
- How We Collect Personal Information
- Categories of Personal Information We Collect
- How We Use Personal Information
- Legal Basis for Collecting and Using Your Personal Information
- Marketing, Preferences and Links to Third Party Websites
- Collection of Personal Information From Minors
- Sharing and Sale of Your Personal Information
- Protection of Personal Information
- How Long Will We Keep Your Personal Information?
- Where Will We Transfer Your Personal Information?
- Cookies Notice
- Your Privacy Rights
- Contact Us
- Changes to Our Privacy Notice
1. Scope of This Privacy Notice
This Privacy Notice applies to anyone who interacts with us in any way in relation to our products and services (for example, providing us personal information through our Website’s online forms when purchasing a product, or when sending us information by email or connecting with us by phone). This Privacy Notice provides details about the personal information we collect about you, how we use it as a personal information “controller” (i.e., a company that determines the purposes of and means for data collection, use, and sharing), and how we protect and safeguard your personal information. This Privacy Notice also provides information about your rights as an individual, in relation to this personal information that we collect from you.
2. How We Collect Personal Information
We may collect personal information about you from various sources and channels, including when you use or interact with our services. This typically includes through your contact with us by phone, physical mail, email, and through interactions with us in person (e.g., at trade shows or other events) or on our Website, including any online web forms or chat messages you complete and submit to us. Other interactions may include signing up for newsletters or other marketing materials, and through your contact and interaction with us on social media, forums, blogs, surveys, and/or product feedback communications.
We may also occasionally collect personal information from third-party service providers where we have legal basis to do so, for example obtaining credit reporting background check results in relation to our business-to-business relationships with you if you are a sole trader.
We may also automatically collect personal information about you through your use of or interaction with our Website. This information includes online activity information and technical information about your usage activities, to the extent that such information constitutes personal information. We may also set cookies on your web browser or use other tracking technologies when you interact with websites, applications, or advertisements in our network. This allows us to collect certain website usage data and online identifiers which, under certain privacy regulations, may be considered personal information. However, in many cases such data may be aggregated or anonymized, but may be used to attempt to identify you as an individual where we have a legal basis to do so (for example in the case of an investigation into fraudulent transactions). If this information does identify you as an individual, we will treat it as personal information subject to this Privacy Notice. For more information on these types of automated tracking and data collection,refer to our “Cookies Notice” in section 12 below.
3. Categories of Personal Information We Collect
We may collect various categories of personal information from you, detailed below. We may collect, and may have collected during the previous 12 months:
- Contact information, such as your name, shipping and billing address, email address, and phone numbers;
- Account Information, such as your username, order history, return information, subscription preferences, and Rx Rewards details;
- Community forum information, such as your name, email address, password, and any information you post or comment on in the forum;
- Marketing and contact consents and preferences, such as consent to receive marketing and/or newsletters, product updates and promotions by email and/or mobile text messaging;
- Payment information, such as partial card or account number or other information associated with a transaction or fraud prevention;
- Information you provide us voluntarily regarding your skin, and, if you communicate or interact with us on social media (e.g. via tags, hashtags, direct messages, etc.), we may also collect relevant information in relation to and to enable us to respond to your interaction with us, such as your social media profile details (username, name, contact details, etc.), posts in relation to use of our products and services, your social media account name and any relevant available information such as posts or and image content you create in relation to use of our products;
- Marketing preferences, marketing activities, your customer feedback, information relating to competition or prize draw entry or other promotions, and responses or information you provide to us voluntarily in relation to your use of our products and services, such as customer satisfaction surveys;
- We may collect information about interaction with, and responses to, our marketing communications;
- Any personal information you send to us in emails, attachments, and other communications that you send us or otherwise contribute (such as product feedback communications or use of our Website chat functionality);
- Relevant personal information for regulatory, contractual, or other legal reasons when you are purchasing our products, using our products or services, or in relation to employment. For example, in the event of any adverse physical reaction when using our products, we may request further information and relevant details if required by law or relevant third parties;
- For our business contacts, business-to-business related certifications and company information, which may include (but not limited to) tax identification number, reseller certifications, business contact information, and any publicly available business information, including marketing and social media presence. As we collect this information in relation to our business-to-business relationships with you, it may be considered personal information in certain circumstances;
- Professional or employment-related information for job applicants, which may include, for example, your job search criteria and preferences, employment and educational history, qualifications and skills, reference information, background check information, compensation or compensation expectations, ability to work in relevant countries, languages spoken, and other information contained in your resume or job application.
- Data and online identifiers we automatically collect through our Website (e.g., through cookies and other tracking technologies) may include IP addresses, preferences, web pages visited prior to coming to our Website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how you interact with our Websites (such as pages visited, timestamps, clicks, scrolling, browsing times and load times). For more information refer to our “Cookies Notice” in section 12 below.
Some of these personal information categories we collect may be defined as “sensitive” under differing laws and regulations and require special protections. Such sensitive personal information you provide us with will only be collected where we have a legal basis to do so, such as with your consent or to fulfill a legal obligation, and will be protected as described in the below section 9 “Protection of Personal Information”.
4. How We Use Personal Information
Your personal information may be used by us, our employees and service providers, and disclosed to third parties for the following purposes. For each of these purposes, we have set out the legal basis on which we use your personal information.
- Communicate with you, including by sending you updates related to transaction or shipping status, responses to questions or communications you send to us (e.g., via our Website’s online chat functionality, or as a response to communications you have with our Customer Service team), and other relevant service or product-related announcements;
- Perform our services, including providing our Website services, order fulfilment, maintaining accounts and contracts, providing customer service, fulfilling transactions, or verifying information;
- Notify you about changes to our products and services;
- Manage our affiliate, distributor, and customer relationships, including to enforce or apply the agreements concerning you (including any applicable agreements between you and us);
- Perform marketing, including providing relevant details and informational updates related to our products and services, or advertising our products and services online. This could include “remarketing” or “retargeting”, whereby users of our Website may be marketed to on other third-party websites through use of Marketing Cookies – see “Cookies Policy” section 12 below for further information. In addition to third-party cookies, remarketing may also involve our use of personal information (such as name and email address) collected from you in prior interactions, which may then be used to provide you with relevant updates, marketing, or other information related to your prior interactions with our products and services.
- We may also respond to or use social media posts and content (e.g., photos and posts of your use of our products where you tag or interact with our company accounts) for marketing and customer service purposes and where you tag or interact with us in relation to our products and services. These interactions are subject to the terms and privacy policies for the applicable social media platform or other third-party platform. We may re-post an image or content you create to our Website for marketing purposes. However, this activity will be done in accordance with any preferences and consents you provide to us and social media platforms, and we may request your consent where required by applicable law;
- Administer promotions such as offering product discounts, giveaways, or other incentives;
- Undertake monitoring, market research, trend analysis, and customer satisfaction survey activities to verify, maintain, or improve the quality and types of products and services being provided, including on this Website, or to handle and respond to complaints or questions, analyze your interactions with our products and services, or act on feedback you provide through surveys, product feedback, emails, etc.;
- Audit our transactions and interactions, for purposes where we have legal grounds to do so, such as security or for regulatory compliance;
- Detect, remediate, and, if applicable, prosecute any physical security or information security-related or criminal incidents, including protecting against any illegal activity such as fraud to ensure the security and integrity of our services;
- Enforce our legal rights and comply with legal or regulatory obligations including in connection with court orders, or performance of identity verification to respond to certain requests for information, or to establish, make, or defend against legal claims;
- Act in the public interest, in line with any laws that apply;
- Evaluate job applications and business proposals (e.g., agreements or requests proposed by affiliates and distributors, or prospective affiliates and distributors);and
- Perform background checks including obtaining and reviewing company credit reports for our business-to-business transactions and contracts.
5. Legal Basis for Collecting and Using Your Personal Information
We process your personal information when we have a legal basis to do so. This includes processing when:
- You have consented to the use of your personal information in a particular way. When you consent, you can have the right to revoke your consent, however, your withdrawal will not impact or reverse previous processing or actions taken in reliance on consent previously provided. Details of how to exercise your legal rights are set out in section 13 below -“Your Privacy Rights”;
- We need your personal information to provide you with services and products you request, or to respond to your inquiries. If you do not provide the relevant personal information to us, we may not be able to provide the Website, sell our products or provide our services to you.
- We have a legal or regulatory obligation to collect and/or use your personal information, such as to comply with regulatory requirements or to comply with a court order or law enforcement request.
Taking into account applicable laws as well as your individual interests, rights, and freedoms, we may also collect or use personal information for a number of legitimate business interests. These legitimate interests may include:
- Pursuit of our commercial activities and objectives;
- Improvement and development of our business operations and service offering;
- Protection of our business, shareholders, employees and customers;
- To manage our relationship with you and any service providers who provide products or services for us. This may include to provide shipping, to check that you have received a service, to validate payment for invoices, and to provide marketing to you;
- For research and analysis so that we can monitor and improve our products, services and Website based on sales trends, Website usage data, and similar;
- To enforce or apply our policy terms and conditions or other contracts, or to protect our (or our customers’ or other people’s) rights, property, or safety;
- To exercise our rights, to defend ourselves from legal or other claims and to keep to laws and regulations that apply to us and the third parties we work with; and
- To take part in, or be the subject of, any sale, purchase, re-structuring, merger or takeover of all or part of our business.
We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you or in preparation for us entering into a contract with you. If you do not provide the relevant personal information to us, we may not be able to provide the Website and the Services to you.
6. Marketing, Preferences, and Links to Third Party Websites
We or our service providers on our behalf may use your personal information to send you marketing through various channels (such as by mail, phone, online, social media, email, or text), however, we only use or share your personal information to send you marketing material if we have your permission (“consent”) or a legitimate interest as described above in the “Legal Basis for Collecting and Using Your Personal Information”, section 5. If you don’t want to receive direct marketing from us, depending on your jurisdiction you may have the right to opt out, withdraw your consent, or object. For example, you may opt out by clicking on the unsubscribe links that appear in emails we send or contacting us at email@example.com to update your contact and marketing preferences and consents. Please also see further details on choices you have relating to cookies in the “Cookies Policy”, section 12, and details of other privacy rights you have in section 13 below, “Your Privacy Rights”.
Our Website may also contain links to and marketing from the websites of third parties. We have no control over the content or operation of these websites, nor do we control the confidentiality or privacy practices of the website operators. Consequently, any personal information you submit through such websites is governed by the privacy policies of the websites in question. It is therefore your responsibility to find out about the third party policies in order to protect your personal information when visiting these third party websites.
7. Collection of Personal Information From Minors
Our Websites and our services are not designed or intended to attract children under 13 years of age, and we do not knowingly collect information from minors. To use the Website, you must be the age of legal majority in your place of residence. By using the Website, you hereby represent that you are at least the age of legal majority in your place of residence. We will use commercially reasonable efforts to delete information associated with a minor as soon as practicable if we learn that a minor has submitted information to us. If you believe we have collected personal information from a child under the age of 13 without consent, please contact us at firstname.lastname@example.org.
8. Sharing and Sale of Your Personal Information
We may disclose your personal information to service providers and other third parties. Over the last twelve months we may have disclosed to such third parties any of the categories of personal information outlined in the above section 3, “Categories of Personal Information We Collect”, wherever we have legal basis for such sharing. However, we endeavor to share only the minimum relevant personal information that is required to fulfill the business purpose for sharing such personal information.
We may disclose, and over the previous twelve months may have disclosed, personal information to the following categories of third parties:
- Our affiliates - Our current or past affiliated companies, such as Urban Medspa™ and Weight Loss Center;
- Our service providers - Our business partners, suppliers and sub-contractors who help us provide our Website, products and services. This includes, for example, our e-commerce platform provider, analytics providers, mailing providers, payment services providers, marketing and advertising service providers, and our shipping providers and other distributors, all of which are required to protect your information.
- Our professional advisers - including accountants, lawyers and other professional advisers that assist us in carrying out our business activities;
- Government authorities and third parties involved in legal or regulatory action - External agencies and organizations (including the police and the relevant local authority) for the purpose of complying with applicable legal and regulatory obligations;
We may also disclose your personal information to other third parties, for example:
- In the event that we sell or buy any business or assets, or restructure our business or assets, we may disclose your personal information to the prospective affiliate, seller or buyer of such business or assets;
- If we are under a duty to disclose or share your personal information in order to comply with any legal obligation.
While we do not sell personal information in exchange for monetary consideration, we do share, and over the preceding twelve months have shared, personal information for other benefits that could be deemed a “Sale,” as defined by the California Consumer Privacy Act in the California Civil Code 1798.140 section (t)(1) or the “CCPA”. This includes sharing of identifiers (such as IP address or email address), commercial information (such as product interest), and internet or other electronic network activity usage data with advertising partners and networks, and website analytics companies. You have the right to direct us not to sell your personal information. Please see Section 13 “Your Privacy Rights” for further details on how to exercise this right.
9. Protection of Personal Information
We use commercially reasonable administrative, technical, and physical safeguards to help protect your personal information, taking care of its integrity and availability and avoiding its damage, loss, alteration, destruction, or unauthorized use. However, the transmission of information via the internet is not completely secure. Although we take steps to help protect your personal information, we cannot guarantee the security of your personal information transmitted to or via our Website or other online method and any transmission is at your own risk. Once we have received your personal information, we will use procedures and security features designed to prevent unauthorized access.
10. How Long Will We Keep Your Personal Information?
We will retain your personal information for as long as is necessary for the purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable data protection laws, applicable legal and regulatory requirements and periods relating to the commencement of legal actions.
11. Where Will We Transfer Your Personal Information?
We are headquartered in the United States and we will process your personal information in the United States. Your personal information will be transferred to and stored in the United States where the data protection laws may not provide the same level of protections as the jurisdiction where you are located and have not received adequacy determination.
If we transfer personal information outside the European Economic Area (EEA), Switzerland or the United Kingdom, we will endeavor to implement appropriate and suitable safeguards to help ensure that such data will be protected and secured. For further information as to the safeguards we implement please contact email@example.com. We may otherwise transfer personal information from these regions with your consent, to perform a contract or to implement pre-contractual measures at your request, or to fulfill a compelling legitimate interest if such interest is not outweighed by your rights and freedoms. We may also enter contractual arrangements where appropriate to the data transfer.
12. Cookies Notice
This Cookies Notice applies when visiting or using our Website.
What is a cookie and how are they used on our Website?
Cookies set by us on our Website are called “first-party” cookies, used to help evaluate and enable performance and the secure functionality of our products and services, including our Website. These may enable us to collect or remember certain usage data and data about your device. This may include data on website pages visited prior, during and after visiting our Website, clicks or interactions made with the pages on our Website, consents and preferences, time spent on our pages and date/timestamps of visits and interactions, device identifiers such as IP address or operating system type, and browser type.
We also use “third-party” cookies, which are cookies from a website domain other than our Website. These are used for our website analytics, site functionality, security, and marketing efforts by sharing usage and device-related data with relevant third parties.
What choices do you have regarding cookies?
Please note, you can also update your cookie preferences by clicking on the button below to access our cookie preference center:
In addition to the cookies detailed below, we use Google Analytics to better understand your use of our Website and Services. Google Analytics collects information such as how often users visit our Website, what pages are visited, and what other sites may have been used prior to visiting. Google uses the data collected to track and examine websites usage, to prepare reports on its activities and share them with other Google services, and to contextualize and personalize the ads of its own advertising network. More information about how Google Analytics collects and processes data can be found here.
What types of cookies are on our Website and why?
We use the following types of cookies for the following purposes:
Strictly Necessary Cookies: These cookies are essential for you to browse our Website and use its intended functionality, including accessing secure areas of the Website or moving items to the shopping cart before making a purchase. These cookies cannot be opted in or out of.
Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Website. They help us to know which pages are the most and least popular and see how visitors move around the Website. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our Website.
Functional Cookies: These cookies enable the Website to provide enhanced functionality. They may be set by us or by third-party service providers whose services we have added to our pages (for example, adding Customer Service Chat support to our Website).
Marketing Cookies: These cookies may be set on our Website by our advertising and marketing service providers. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are based on uniquely identifying your browser and internet device. This recognition is used to serve relevant adverts, links, or other information about our products and services to users visiting other websites after having previously visited our Website or interacted with our products and services. If you consent to these cookies, you may experience targeted advertising.
Do Not Track and Third Party Tracking Disclosure
Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” (“DNT”) signals, indicating your choice to disable tracking on a website. Our Website does not respond to browser do not track signals at this time. More information about “do not track” is available at www.allaboutdnt.org.
Third parties, other than our service providers (such as our Website analytics provider), do not have authorization from us to track which websites you visited over time and across sites, prior to and after visiting the Website. That said, we cannot control third-party tracking and there may be some third-party tracking that occurs without our knowledge or consent.
13. Your Privacy Rights
Depending on the jurisdiction where you reside or are located, you may have certain rights in relation to the personal information we have collected about you. These rights (detailed below) are not absolute and do not always apply in all cases, for example if you are not located in the EEA, Switzerland or the United Kingdom, you may not be entitled to certain rights which may only apply to individuals located in those countries. We will let you know in our correspondence with you whether and how we will be able to meet your request relating to your rights, and will not discriminate against or provide discriminatory treatment to individuals exercising their privacy rights under applicable regulations. Please note that we will require certain identifying information about you as necessary for us to verify your request in accordance with applicable law. If we are unable to fulfill your privacy rights request, we will explain why, and provide details of any further action you may take.
Your privacy rights are detailed below. To make a request related to the below privacy rights, please use our Data Subject Request Portal. Alternatively, the Privacy Office can be contacted by toll free phone number for California-based individuals exercising their rights under the California Consumer Privacy Act - please call us on +1 (888) 914-9661 PIN: 230125 - or by mail at the following postal address: Urban Skin Rx, 8604 Cliff Cameron Dr. Suite 175, Charlotte, NC 28269, USA.
Residents of California: If you are a California resident, you have certain rights with regard to your personal information, which may be subject to limitations or exceptions. You can exercise these rights yourself or you can designate an authorized agent to make a request on your behalf. If you would like an authorized agent to submit a request on your behalf, please call us toll-free at +1 (888) 914-9661 PIN: 230125 or send us an email at firstname.lastname@example.org for instructions and details on proof and information required for use of an authorized agent.
- Opt-Out of Sale: You have the right to direct us not to sell your personal information. While we do not “sell” personal information in exchange for monetary consideration, we do share, and over the preceding twelve months have shared, personal information for other benefits that could be deemed a “sale,” as defined by the California Consumer Privacy Act in the California Civil Code 1798.140 section (t)(1). This includes sharing of identifiers (such as IP address or email address), commercial information (such as product interest), and internet or other electronic network activity usage data with advertising partners and networks, and website analytics companies. With respect to our use of third-party marketing cookies, you can customize your settings at any time.See “Cookies Policy” section 12 for further information on how to do this.
- Right to Know: You have the right to request to know the categories of personal information we collected, the purposes for which we collected, sold or disclosed that information, and the categories of third parties to whom we disclosed or sold the information in the last 12 months.
- Right to Access: You have the right to request access to the personal information specific to you individually, that we collected, used, disclosed and/or sold about you in the last 12 months.
- Right to Delete: You have the right to request us to delete the personal information we have collected or maintain about you. Please note that certain exceptions may apply to your right to delete information, such as when we must retain personal information as required or permitted by law and we will also maintain a record of your deletion request. We will notify you if any such exceptions apply to your request.
Individuals Located in the EEA, Switzerland or United Kingdom: If you are located in one of these regions, you may also have the following rights, subject to applicable limitations or exceptions.
- Right to Rectification: You have the right to have inaccurate information about you corrected or removed.
- Right to Deletion/Right to Erasure: You may the right to have certain personal information about you deleted from our records.
- Right to Restriction of Processing: You have the right to ask us to use your personal information for certain restricted or specified purposes only.
- Right to Object to Processing: You have the right to object to us collecting, using, sharing, or storing (collectively “processing”) your personal information in certain cases.
- Right to Portability: You have the right to ask us to transfer your personal information to another company or individual in a computer-readable format.
- Right to Withdraw Consent: You have the right to withdraw any permission (or “consent”) you have given us to handle your personal information.
- Right in Relation to Automated Decision Making: You have the right to not be subject to automated decision making, or the right to have a manual review of the decision, as well as be informed of information regarding the logic used to make any automated decisions.
- Right to Complain or File a Dispute to the Relevant Data Protection Authority: You have the right to complain to the relevant data protection authority where you think we have not used your personal information or met your rights in accordance with relevant data protection law. If you live in the UK or EU, the relevant supervisory authority is the Information Commissioner’s Office:
Cheshire, United Kingdom
You can contact them by calling (+44) 0303 123 1113, or go online to www.ico.org.uk/concerns (this opens in a new window in your internet browser; please note we cannot be responsible for the content of external websites). If you are based outside the UK or EU, you may have the right to lodge your complaint with the relevant data protection regulator in your country of residence, where you live, or where the incident took place. Please contact email@example.com should you need to support in obtaining information regarding and contact details of the relevant authority.
14. Questions and Contacts
We hope this Privacy Notice has been helpful in explaining the way we handle your personal information and your rights to control it. For any questions or comments in relation to this privacy notice and our privacy practices generally, please contact our Privacy Officer who will be pleased to help you by email at firstname.lastname@example.org.
15. Changes to Our Privacy Notice
We reserve the right to update this Privacy Notice at any time. Any changes we make to this Privacy Notice be posted on this page and the Effective Date of the revised notice will be included at the top. The updated Privacy Notice will take effect as soon as it has been updated or otherwise communicated to you. Your continued use of our services or Website covered by this Privacy Notice indicates your consent to the changes as of the Effective Date indicated.