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Privacy Notice for California Residents

Privacy Notice for California Residents

Davines North America, Inc.

Effective Date: July 1, 2020

This Privacy Notice for California Residents supplements the information contained in the general privacy policy Davines North America, Inc. (“Company” or “we”) and applies solely to all visitors, users, and others who reside in the State of California ("California consumers" or "you"). We adopt this Privacy Notice for California Residents to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Privacy Notice for California Residents.

I. Information We Collect

    We collect 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 consumer, household, or device as set forth in the CCPA ("personal information"). Personal information does not include:

    • Publicly available information from government records.
    • De-identified or aggregated consumer information.
    • Information excluded from the CCPA's scope.

    In particular, we have collected the following categories of personal information from California consumers within the last twelve (12) months:  

    Category

    Examples

    Identifiers.

    Name, postal address, email address, social media handle

    Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

    Name, address, telephone number, bank account number, credit card number, debit card number, and other financial information; hair type, hair goals, hair images, or any similar information, you provided to us via our “text an expert” service

    Commercial information.

    Records of products purchased, obtained, or considered, subscription date, or other purchasing or consuming histories or tendencies

    Internet or other similar network activity.

    Browsing history, search history, information on a consumer's interaction with a website, or application.

    We obtain the categories of personal information listed above from the following categories of sources:

    • Directly from you,
    • From our contractors, service providers, such as analytics providers, advertising agencies, and other third parties that support our business;
    • On social media platforms and networks including but not limited to Facebook, Instagram, Pinterest and Tik Tok when you interact us on such social media platforms and networks and
    • Indirectly from you. For example, from observing your actions on this Website.
    II. Use of Personal Information

      We may use or disclose the personal information we collect for one or more of the purposes set forth on our general privacy policy.

      We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

      III. Sharing Personal Information

        We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient both to keep that personal information confidential and not to use it for any purpose except performing the contract.

        We may share your personal information with the following categories of third parties:

        • Our subsidiaries and affiliates.
        • Contractors, service providers, such as analytics providers, advertising agencies, and other third parties that support our business.
        A. Disclosures of Personal Information for a Business Purpose

        In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

        • Identifiers.
        • Personal information categories listed in the California customer Records statute (Cal. Civ. Code $1798.80(e))
        • Commercial information.
        • Internet or other similar network activity
        B. Sale of Personal Information

        In the twelve (12) months prior to the effective date of this Privacy Notice for California Residents, Company has not sold any personal information of California consumers.

        IV. Your Rights and Choices

          The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

          A. Access to Specific Information and Data Portability Rights

          You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

          • The categories of personal information we collected about you.
          • The categories of sources for the personal information we collected about you.
          • Our business or commercial purpose for collecting that personal information.
          • The categories of third parties with whom we share that personal information.
          • The specific pieces of personal information we collected about you (also called a data portability request).
          • If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.
          B. Deletion Request Rights

            You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

            We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

            1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, or otherwise perform a contract with you.
            2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
            3. Debug products to identify and repair errors that impair existing intended functionality.
            4. Exercise free speech, ensure the right of another consumer to exercise their free speech, or exercise another right provided for by law.
            5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
            6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
            7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
            8. Comply with a legal obligation.
            9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
            C. Exercising Access, Data Portability, and Deletion Rights

              To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either by:

              • Using our online request form;
              • Emailing us at contact@davines.us;
              • Calling us at 866-328-4637during regular business hours (Monday through Friday, 9:00 am to 5:30 pm ET) or
              • Writing to us at Davines North America Inc., Customer Care, 50 W 23rd Street, PH suite, New York, NY 11211

              Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

              You may only make a verifiable consumer request for access or data portability twice within a (twelve) 12-month period. The verifiable consumer request must:

              • Provide information sufficient to allow us to reasonably verify that you are the person about whom we collected personal information or an authorized representative, which may include but is not limited to: name, address, email address, and/or information on your most recent purchases on the account.
              • Describe your request in detail sufficient to allow us to properly understand, evaluate, and respond to it.

              We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

              Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

              We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

              D. Response Timing and Format

              We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to a total of ninety (90) days), we will inform you in writing of the reason and extension period.

              If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response either by mail or electronically, at your discretion.

              Any disclosures we provide will only cover the twelve (12)-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

              We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

              V. Sale of Personal Information

                We do not currently sell any personal information.

                VI. Non-Discrimination

                We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

                • Deny you goods or services.
                • Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
                • Provide you a different level or quality of goods or services.
                • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
                VII. Other California Privacy Rights

                  California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of this Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@davines.us or write to us at: Davines North America Inc., Customer Care, 50 W 23rd Street, PH suite, New York, NY 11211.  Except for our affiliates and subsidiaries, our policy is not to disclose personal information collected online to a third party for their direct marketing purposes without your approval.

                  VIII. Changes to this Privacy Notice for California Residents

                  We reserve the right to amend this Privacy Notice for California Residents at our discretion and at any time. When we make changes to this Privacy Notice for California Residents, we will post the updated notice on this Website and update the notice's effective date. Your continued use of this Website following the posting of changes constitutes your acceptance of such changes.

                  IX. Contact Information

                  If you have any questions or comments about this Privacy Notice for California Residents, the ways in which Company collects and uses your personal information described here and in our general privacy policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

                  Email:                                     contact@davines.us

                  Toll-free Phone Number:    866-328-4637 during regular business hours (Monday through Friday, 9:00 am to 5:30 pm ET)

                  Website:                                https://us.davines.com/pages/contact-us

                  Postal Address:                      Davines North America, Inc., Attn: Customer Care, 50 W 23rd Street, PH suite, New York, NY 10010

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