Personal data and Cookies

Thank you for using our services! Caudalie USA, Inc. (“Caudalie”, “we”, “our”, or “us”) values the relationship we have with you. We respect and are committed to protecting your privacy. That is why we have adopted this Privacy Notice. This Privacy Notice lets you know how and for what purposes we are collecting, processing, and using your Personal Information (as defined herein). We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice.

Caudalie owns and operates the website located at https://us.caudalie.com/ (the “Website”), which allows visitors to browse, purchase, and learn about Caudalie’s cosmetics, moisturizers, perfumes, cleansing products, serums, shower gels, scrubs, body contouring products, hydration products, supplements, masks and other beauty and healthcare products (the “Products”).

This Privacy Notice is in effect for your use of, and our collection and management in connection with:

  • • Our retail stores, boutiques, and spa and treatment centers

  • • Authorized Retail stores (including those not owned by us) where our Products are sold

  • • Our Website

  • Any online or mobile application, social media site, online features, Products, services, contests, sweepstakes, newsletters, promotions and/or programs we offer or which are accessed through the Caudalie Website (collectively, with the Website, the “Web Properties”)

  • Third party social media pages that we maintain

  • Any email message that we send to you or receive from you, whether or not the email is sent using the Web Properties

  • Any other location, occasion, or event where your information is collected by or on behalf of us, including, but not limited to, if you attend an event that is hosted or arranged by us

  • Any account online or user profile you create when you set up a user account to use the Web Properties and/or to participate in our loyalty program (a “User Account”)

This Privacy Notice also applies to information collected by or for us through a means other than the Web Properties. If the same information is collected through the Web Properties and through a means other than the Web Properties, the terms of this Privacy Notice shall apply.

Notwithstanding the foregoing, this Privacy Notice is not applicable to any other web page, mobile application, social media site, generic information, or Personal Information collected and/or owned by any entity other than Caudalie. Caudalie is not responsible or liable for the content, privacy policies or practices of such third parties.

Your use of the Web Properties is also governed by the Terms of Sale located at Terms of Sales page


Types of Information Collected

Caudalie and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Web Properties, may collect two types of information when you visit the Web Properties: personal information and usage information.

Personal Information: The types of information Caudalie collects may include, among other things, the following categories of information (collectively, “Personal Information”):

  • • Contact information (e.g., name, address, phone number, email address);

  • • Demographic information (e.g., date of birth, geographic area, skin type, beauty habits industry, occupation);

  • • Bank account and credit/debit card numbers; and other information specific to you.

Usage Information: The types of usage information Caudalie collects may contain generic information about you when you visit the Web Properties, which may include, among other things, the following categories of information (collectively, “Usage Information”):

  • • Internet Protocol (or IP) address, protocol and sequence information;

  • • Browser language and type;

  • • Domain name system requests;

  • • Operating system and platform, device type and device identifiers;

  • • Browsing history (including time spent at a domain, time and date of your visit) and number of clicks;

  • • Hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data;

  • • MAC address, device ID/UDID, or similar device-specific code; and aggregated information, including De-identified Data (as defined herein).


How Information Is Collected

We may collect Personal Information and Usage Information about you from the following sources:

  • • Information we receive from you as a result of your use of our services,; including visits to physical stores

  • • Information we receive from you, or on your behalf, through forms you complete, for example when you participate in a contest or sweepstakes, or purchases;

  • • Information we receive if you contact us, for example to raise a query or to sign up for our mailing list;

  • • Information we receive from you when you call us, for example to book a spa treatment at one of our boutiques;

  • • Information we receive from you through the Web Properties, such as when creating a User Account for use in connection with the Web Properties;

  • • Information we receive from your computer or mobile device;

  • • Information we receive from our partners or service providers, including service providers we use to record user sessions for customer service purposes;

  • • Information regarding your credentials for financial accounts that you choose to associate with your Caudalie account (We do not store this information; instead this data is collected by and passed onto our third party service providers); and information we receive from other sources, as permitted by applicable laws, rules and regulations.

• We may sponsor promotions through the Web Properties. Your participation is entirely voluntary. You may be asked to provide personally identifiable information including, but not limited to, your name or email address, or to answer questions in order to participate. We may also transfer Personal Information to certain advertising or marketing partners from whom you have requested to receive information.

• We may now or in the future use a third party service provider to help us understand how our users interact with our Web Properties. These third party service providers help us analyze most-clicked elements on our Website and help us aggregate information so that we can improve our services and the Web Properties.

• The Web Properties may now or in the future permit the submission of various forms of content submitted by you, such as materials, statements, reviews, ratings, opinions, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. We allow you to electronically submit User Content using our Web Properties, and we allow you to create User Accounts for use in connection with the Web Properties.


Additional Ways that Information is Collected Through the Web Properties

We may collect Usage Information from you as follows:

• Cookies: From time to time, we may use “cookies” to keep track of your visit and use of the Web Properties. A cookie is a small piece of data that your browser stores on your computer’s hard drive and is used to collect information, such as identifying those areas of the Web Properties that you have visited in the past in order to enhance your next visit to the Web Properties. You can choose whether to accept cookies by changing the settings of your Internet browser, but some functionality of the Web Properties may be impaired or not function as intended if you choose not to accept cookies. We generally store cookies for up to 1,000 days.

• Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Web Properties and activities associated with the Web Properties.

• Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us.

• Analytics: We may use third party analytics services, such as Google Analytics, in connection with the Website and other Web Properties. Such third party services may use cookies and similar technologies to collect and analyze information about use and to report on activities and trends. Such services may also collect information regarding the use of other websites, applications, and online resources. For more information about Google Analytics, please go to www.google.com/policies/privacy/partners/. You may download the Google Analytics opt out browser add-on at https://tools.google.com/dlpage/gaoptout.


Use of Collected Information

Information collected by Caudalie may be used for the following main purposes:

  1. To enable the features of the Web Properties, including, but not limited to: (a) operating any promotions or sweepstakes in which you may participate; (b) setting up and managing your User Account, including, but not limited to, our processing your requests for information; and/or (c) providing support, Products or services to you.

  1. To improve the Web Properties by determining which of our Products, features and services are most popular. We may analyze usage trends and your information and preferences to enable us and our affiliates to provide services to you and develop new features, functionality, and services and otherwise for our internal business purposes.

  1. To personalize your experience on the Web Properties.

  1. To communicate with you and to inform you about our Products and services. We and/or any of our third party service providers may send you and keep you updated with information about existing and new services, Products, and special offers, by email, telephone, mail or by means of any other contact details you provide to us or our affiliates, or to such third party service providers.

When Information Is Disclosed

We may disclose your Personal Information to our affiliates, vendors, or business partners who are acting on our behalf. These third parties provide various services for us, such as:

  • • Sending Deploying our marketing communications

  • • Delivering packages

  • • Assisting in managing customer information

  • • Fulfilling information requests

  • • Processing payments

  • • Fulfilling promotions

  • • Conducting research, analysis or administering surveys

  • • Processing financing applications

  • • Allowing you to participate in our loyalty programs

We may also disclose your Personal Information to trusted third parties so that they can offer products and/or services about which they or we believe you may have an interest.

You may choose to disclose your Personal Information through our ratings, comments and reviews pages, social media pages, and other similar services to which you are able to post information and materials. Any information that you post or disclose through these services may become public information and may be available to other users and the general public through various marketing materials. We urge you to be very careful when deciding to disclose any information.

We may be required to share Personal Information under applicable law, including laws outside your country of residence; or to comply with legal process or in response to a valid court order, government investigation, subpoena public and government authorities, including public and government authorities outside your country of residence. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may, but will be under no obligation to, share Personal Information when we believe that such release is reasonably necessary to enforce our Terms or other terms and conditions; to protect our operations or those of any of our affiliates; to protect the property, rights, or safety of others and ourselves; or to allow us to pursue available remedies or limit the damages that we may sustain. We may also transfer Personal Information in the event of an acquisition, dissolution, merger, sale, or other disposition of all or any portion of our assets, business, or stock, including a bankruptcy or similar proceeding.

We may now or in the future share Usage Information with third parties to demonstrate the usage patterns for advertisements, content, functionality, promotions, and/or services on the Web Properties and/or on third party websites.

In addition to the other rights herein, at all times we shall have the right to exploit, share, and use for any purpose the Personal Information collected that is in an aggregated, anonymized form, such that you are not identified (collectively, “De-identified Data”). Except as otherwise set forth herein, we may continue to use Personal Information and exploit, share and use your De-Identified Data after you deactivate or cancel your User Account.

We may disclose your Personal Information for any other purpose disclosed by us when you provide the information. We may also disclose your Personal Information with your permission or as directed by you.


User Account, Password and Security

For certain features available through the Web Properties, we may require the use of encryption technologies provided for your protection. We use reasonable precautions to protect the privacy of your username, password and User Account information and to ensure that information collected through the Web Properties is not lost, misused or altered inappropriately by administering security measures.

You are ultimately responsible for protecting your username, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or User Account, and/or any other breach of security; and (b) ensure that you log out from your User Account at the end of each session. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.


Information from Children

The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of thirteen (13), as THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13) WHO ARE UNACCOMPANIED BY THEIR PARENT(S) OR LEGAL GUARDIAN(S).

Parents and legal guardians should be aware that this Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like, may be used by other parties to generate unsolicited communications. We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet.


Privacy Outside the Web Properties

The Web Properties may now or in the future contain various links to other websites. We are not and cannot be responsible for the privacy practices or the content of any of those websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers (as described in this Privacy Notice), we do not share any of the Personal Information that you provide to us with any of the websites to which the Web Properties links, although we may now or in the future exploit, share and use De-Identified Data with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them.

Caudalie uses the services of third party service providers to process transactions, including payment transactions, as part of your use of the Web Properties. By using our Web Properties, you grant us all necessary rights and consents under applicable laws to disclose to our third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any Personal Information for purposes of providing services and Products to you, including data that we may collect directly from our customers using cookies or other similar means.


Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or service providers, and by using our Website or other Web Properties or by providing consent to us (where required by law), you agree to the transfer of information to countries outside of your country of residence, which may provide for different data protection rules than in your country.


European Union Users

If you are visiting us from the European Union, please note that we may collect, transfer, and continue to use your Personal Information outside the European Union for any of the purposes described in this Privacy Notice. By using the Web Properties and providing us with your Personal Information, you consent to our collection, transfer, and continued use of your Personal Information in accordance with this Privacy Notice.


Social Features

Certain functionality on the Web Properties is specifically designed to permit interactions that you initiate between the Web Properties and third party websites or services, including third party social networks (“Social Features”). Examples of Social Features include enabling you to “like” or “share” our content on the Web Properties to other websites or services.

If you choose to use Social Features, information you post or provide access to may be publicly displayed on the Web Properties or by the provider of the Social Feature that you use. Similarly, if you post information on a third party platform that references Caudalie or any of its affiliates (e.g., by using a hashtag associated with Caudalie or Caudalie in a tweet or status update), your post may be published on the Web Properties in accordance with the terms of the third party website or service. In addition, Caudalie, its affiliates and the third party may have access to certain information about you and your use of the Web Properties and the third party site or service. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections” web pages, profile pages, or similar pages on a social networking or other third party website or interactive service.


The information we collect in connection with Social Features is subject to this Privacy Notice. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those third party websites or services.


Choices with Your Personal Information

Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information. However, some of this information is essential for the provision and quality of some of the services we offer to you, so we cannot provide you with certain services or Products if you choose to withhold requested information.


You can opt out or discontinue receiving marketing communications from us by using one of the following options:

  1. Follow the instructions in a marketing email from us

  2. Call 1(866)-826-1615

  3. Send an email to: americas@caudalie.com

  4. Send a request to:
    Caudalie USA, Inc.
    70 West 36th Street
    New York, NY 10018

Be sure to include your current contact information, such as your full name, address, phone number, and email address. Indicate specifically what type of marketing communication(s) and method(s) you desire to stop receiving. This will ensure we identify you correctly in our systems and accurately process your request. We will try to comply with your request as soon as reasonably practicable.

Please note that even if you opt out of receiving marketing communications, you may still receive business-related notifications and communications, such as order confirmations, Product recall information, loyalty program membership status and updates, and important administrative communications. There are some uses from which you cannot opt out, such as our use of De-identified Data or to provide Products and services that you have requested from us. Even if we agree to cease sharing and/or using your Personal Information, that Personal Information may not be deleted immediately, but will be deleted in accordance with our routine data retention policies in effect from time to time.


Access and Correction

Please contact us in the manner specified at the end of this Privacy Notice to access your Personal Information in our possession and correct inaccuracies of that information in our records. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances, as permitted by applicable privacy legislation.


Your California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2017 will receive information regarding 2016 sharing activities, if any).

To obtain this information, please send an email message to americas@caudalie-usa.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services or Products provided through the Web Properties, please send an email to americas@caudalie-usa.com You may also contact us by writing to 70 West 36th Street, New York, NY 10018 or by calling us at 1(866)-826-1615. Currently there is no charge to use the Web Properties, other than any services or Products you may purchase through the Web Properties, and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the order confirmation pages relating to each purchase. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


Do Not Track” Signals

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Caudalie currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.


Your Consent to This Privacy Notice

By using the Web Properties, you consent to the collection and use of your information (including Personal Information) by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice or some part of it, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others. Your use of the Web Properties following such publication of any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future.

We may use comments, information or feedback that you may submit (“Feedback”) in any manner that we may choose, including but not limited to the incorporation of such suggested changes into our services and Products, without notice or compensation to you. You hereby grant Caudalie a perpetual, irrevocable, worldwide, royalty-free, sublicensable license and all rights to use the Feedback for any purpose we may choose.

If you have additional questions or comments or would like to access your recorded Personal Information or opt out of certain sharing, please let us know by sending your comments or requests to:


Caudalie USA, Inc.

70 West 36th Street

New York, NY 10018

Phone: 1-(866)-826-1615

americas@caudalie.com

Copyright © 2019. Caudalie USA, Inc. All Rights Reserved.

Effective as of: July, 24, 2017

Last updated: July 24, 2017