SUPERGOOP! PRIVACY POLICY

 

EFFECTIVE DATE:  MARCH 1, 2024

At Supergoop, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.

Remember that your use of Supergoop’s Services is at all times subject to our Terms & Conditions, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

You may print a copy of this Privacy Policy by selecting to Print through your browser of choice.

As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the Supergoop website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

 

Privacy Policy Table of Contents

What this Privacy Policy Covers

Personal Data

• Categories of Personal Data We Collect
• Our Commercial or Business Purposes for Collecting Personal Data
• Other Permitted Purposes for Processing Personal Data
• Categories of Sources of Personal Data

How We Disclose Your Personal Data
Tracking Tools, Advertising and Opt-Out
Data Security
Personal Data of Children
U.S. State Privacy Rights
Exercising Your Rights under the State Privacy Laws
Other State Law Privacy Rights
Contact Information


What this Privacy Policy covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” or “sensitive personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

 

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Category of Personal Data (and Examples)	Business or Commercial Purpose(s) for Collection	Categories of Third Parties With Whom We Disclose this Personal Data
Profile or Contact Data such as first and last name, email, phone number, and unique identifiers.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Parties You Authorize, Access or Authenticate
Payment Data such as payment card type, last 4 digits of payment card, and billing address, phone number, and email.	·  Providing, Customizing and Improving the Services ·  Corresponding with You	·   Service Providers (specifically our payment processing partner, currently: Stripe, Paypal, Afterpay, ShopPay Google Pay
Commercial Data such as purchase history and consumer profiles (including information you provide in our quizzes)	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners
Device/IP Data such as IP address, device ID, domain server, and type of device/ operating system/ browser used to access the Services.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Parties You Authorize, Access or Authenticate
Web Analytics such as web page interactions, referring webpage/source through which you accessed the Services, non-identifiable request IDs, and statistics associated with the interaction between device or browser and the Services.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Parties You Authorize, Access or Authenticate
Social Network Data such as email, phone number, user name, IP address, and device ID.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Parties You Authorize, Access or Authenticate
Consumer Demographic Data such as birth month and year, zip code, gender, and skin care type and shade.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Parties You Authorize, Access or Authenticate
Professional or Employment-Related Data such as resume, job title, job history, performance evaluations, and union membership.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Business Partners ·  Parties You Authorize, Access or Authenticate
Geolocation Data such as IP-address-based location information.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners
Sensory Data such as photos, videos, or recordings of you and/or of your environment (for example, in your review or in marketing material you provide us).	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners   ·  Parties You Authorize, Access or Authenticate
Categories of Data Considered “Sensitive” Under the State Privacy Laws (as defined below) specifically:   ·  Information about your skin type and tone.	·  For permitted purposes, such as: o    To provide our goods and services, o    For short-term, transient use, including for non-personalized advertising o    To verify or maintain the quality or safety of a service or device, owned, manufactured, manufactured for, or controlled by us o    To improve, upgrade, or enhance such services or devices.   We do not collect Sensitive Personal Data for the purpose of inferring characteristics	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Business Partners ·  Parties You Authorize, Access or Authenticate
Inferences Drawn From Other Personal Data Collected such as your purchase preferences	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·
“Sensitive Data Inferences” Under the Colorado Privacy Act such as inferences reflecting racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life or sexual orientation, and citizenship or citizenship status.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Advertising Partners ·  Analytics Partners ·  Business Partners ·  Parties You Authorize, Access or Authenticate
Other Identifying Information that You Voluntarily Choose to Provide such as emails, letters, texts, or other communications you send us.	·  Providing, Customizing and Improving the Services ·  Marketing the Services ·  Corresponding with You	·  Service Providers ·  Parties You Authorize, Access or Authenticate

 

 

Our Commercial or Business Purposes for Collecting Personal Data

• Providing, Customizing and Improving the Services
  • Creating and managing your account or other user profiles.
  • Processing orders or other transactions; billing.
  • Providing you with the products, services or information you request.
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Services.
  • Improving the Services, including testing, research, internal analytics and product development.
  • Personalizing the Services, website content and communications based on your preferences.
  • Doing fraud protection, security and debugging.
  • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the “CCPA”), the Virginia Consumer Data Protection Act (the “VCDPA”), the Colorado Privacy Act (the “CPA”), the Connecticut Data Privacy Act (the “CTDPA”), or Utah Consumer Privacy Act (the “UCPA”) (collectively, the “State Privacy Laws”).
• Marketing the Services
  • Marketing and selling the Services.
  • Showing you advertisements, including interest-based, online behavioral or targeted advertising.
• Corresponding with You
  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Supergoop or the Services.
  • Sending emails and other communications according to your preferences or that display content that we think will interest you.

 

Other Permitted Purposes for Processing Personal Data 

In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Supergoop or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.

 

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

 

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You
  • When you provide such information directly to us.
    • When you create an account or use our interactive tools and Services.
    • When you voluntarily provide information in free-form text boxes through the Services or through responses to quizzes, surveys or questionnaires.
    • When you send us an email or otherwise contact us.
  • When you use the Services and such information is collected automatically.
    • Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
• Public Records
  • From public social media posts
• Third Parties
  • Vendors
    • We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
    • We may use vendors to obtain information to generate leads and create user profiles.
  • Advertising Partners
    • We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.

 

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Product fulfillment and delivery providers.
• Payment processors.
• Our payment processing partner Stripe, Inc. (“Stripe”), PayPal, Inc.) (“Paypal”), Afterpay US Services, LLC (“Afterpay”),  ShopPay (offered by Shopify Inc. (“ShopPay”), Google Pay (offered by Google LLC (“Google Pay”) collects your voluntarily-provided payment card information necessary to process your payment.
• Please see Stripe’s, Square’s, or Braintree’s terms of service and privacy policy for information on its use and storage of your Personal Data.
• Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
• Ad networks.
• Marketing providers.
• Data Brokers.
• Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
• Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.
• Business Partners. These parties partner with us in offering various services. They include:
• Businesses that you have a relationship with.
• Companies that we partner with to offer joint promotional offers or opportunities.
• Parties You Authorize, Access or Authenticate
• Third parties you access through the services.
• Social media services.

 

Legal Obligations

We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Other Permitted Purposes for Processing Personal Data” section above.

 

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

 

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you. 

 

Tracking Tools, Advertising, and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

 

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

 

To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings by clicking the Cookie icon at the bottom left of our website. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.  

 

Information about Interest-Based Advertisements

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

 

Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

 

Data Retention

We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

• We retain your profile information and credentials for as long as you have an account with us.
• We retain your payment data for as long as we need to process your purchase or subscription.
• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

 

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at privacy@supergoop.com

 

California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@supergoop.com.

Access

You have the right to request certain information about our collection and use of your Personal Data. In response, we will provide you with the following information in the past 12 months:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

 

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction

You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Personal Data Sales and Shares Opt-Out

In this section, we use the term ‘sell’ and ‘share’ as it is defined in the CCPA. We sell and/or share your Personal Data, subject to your right to opt-out as described in this section. For clarity, when we use the term ‘sell,’ we mean for valuable consideration and not for any monetary value.

As described in the “Tracking Tools, Advertising and Opt-Out” section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CCPA, disclosing your data through third party Cookies for online advertising may be considered “selling” or “sharing” of information. You can opt out by following the instructions in this section. We may also sell and/or share your Personal Data by non-Cookie-related means.

We may sell or share your Personal Data to the following categories of third parties:

• Advertising Partners

Over the past 12 months, we may have sold or shared the following categories of your Personal Data to categories of third parties listed above:

We may have sold or shared the foregoing categories of Personal Data for the following business or commercial purposes:

• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.

 You have the right to opt-out of the sale or share of your Personal Data by following the instructions in the section. Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.

To our knowledge, we do not sell or share the Personal Data of minors under 16 years of age.

Limit the Use of Sensitive Personal Information

Consumers have the right to request that we limit the use or sharing disclosure of their Sensitive Personal Information (“Right to Limit”). However, since our use and disclosure of Sensitive Information are limited to the purposes set forth in section 7027(m) of the CCPA regulations, including: 1) performing the services or providing the goods reasonably expected, 2) for short-term transient use, 3) performing services on behalf of the business, and 4) verifying or maintaining quality or safety of a product or service, we do not offer a way for you to submit such a request.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Our Financial Incentive Program

OurFrom time to time, we may offer financial incentives, including payments to you as compensation, for the collection of your Personal Data, the sale of your Personal Data, or the deletion of your Personal Data. These financial incentives include Points, which can be used for qualifying transactions as described in our Supergoop! SPF Squad Loyalty Program Terms and Conditions (the “Program”).

Program	Incentives Offered	Material Terms	How to Opt-in
SUPERGOOP! SPF SQUAD LOYALTY PROGRAM	Points, in return for Rewards (as described here	Applicable terms can be found here	You can opt-in when you sign up for a Supergoop account

 

Withdrawing From Financial Incentive Program

You may revoke your consent to participate in our financial incentive program at any time by emailing privacy@supergoop.com.

Value of Consumer Data

The value of consumers’ data to us, is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the Program, less the expense related to offering those products, services, and benefits to Program participants.

 

Colorado Resident Rights

If you are a Colorado resident, you have the rights set forth under the Colorado Privacy Act (“CPA”). Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Colorado resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@supergoop.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access and request a copy of your Personal Data in a machine-readable format, to the extent technically feasible, twice within a calendar year.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Deletion

You have the right to delete Personal Data concerning you.

Personal Data Sales and Targeted Advertising Opt-Out

In this section, we use the term ‘sell’ as it is defined in the CPA. We sell and process for the purposes of targeted advertising your Personal Data, subject to your right to opt-out of these sales. For clarity, when we use the term ‘sell,’ we mean for valuable consideration and not for any monetary value.

As described in the “Tracking Tools, Advertising and Opt-Out” section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CPA, disclosing your data through third party Cookies for online advertising may be considered a “sale” of information. We may also sell and/or share your Personal Data by non-Cookie-related means.

We sell and process for the purposes of targeted advertising your Personal Data to the following categories of third parties:

• Advertising Partners

We sell and process for the purposes of targeted advertising the following categories of your Personal Data to categories of third parties listed above:

• Contact Data
• Device/IP Data
• Web Analytics

We have sold the foregoing categories of Personal Data for the following business or commercial purposes:

• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.

You have the right to opt-out of the sale or share of your Personal Data by following the instructions in the “Exercising Your Rights” section.

Required and How to Withdraw

You have the right to opt-in to certain ways we use or process your Personal Data, including: 1) processing of Sensitive Data, 2) processing of Personal Data concerning known child under 13 years of age, 3) selling Personal Data, processing Personal Data for Targeted Advertising, or Profiling after exercising the Right to Opt-Out, and 4) processing Personal Data for Secondary Use.

1. Sensitive Data

We may seek your consent to process your Sensitive Data including: information about your skin type and shade via our quizzes (such as our Shade Finder or Product Finder quiz). We collect and process Sensitive Data about you as described in the ‘Categories of Personal Data We Collect’ section for the purposes listed in that section. You have the right to withdraw consent by following the instructions under the “Exercising Your Rights under State Privacy Laws” section.

2. Children’s Personal Data

As described in in the “Personal Data of Children” section above, we do not knowingly collect or solicit from children under the age of 16; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact privacy@supergoop.com. For more information on Children’s Personal Data and how we obtain consent, please refer to the Personal Data of Children” section above.

3. Consent After Opt-Out of Targeted Advertising and Selling of Personal Data

We may seek your consent again to process your Personal Data for Targeted Advertising or sell your Personal Data via cookie consent mechanism when permitted by law. We will continue to collect and process Personal Data about you as described in the ‘Categories of Personal Data We Collect’ section for the purposes listed in that section. You have the right to withdraw consent by following the instructions under the “Exercising Your Rights under State Privacy Laws” section.

We Will Not Discriminate Against You

We will not process your personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers.

Our Bona Fide Loyalty Program

Our Program may be considered a “Bona Fide Loyalty Program” under the CPA. You can find the terms, of our Program, here. For a description of how you can opt-in and opt-out of the Program, please see the “Our Financial Incentive Program” Section.

 

Connecticut Resident Rights

If you are a Connecticut resident, you have the rights set forth under the Connecticut Data Privacy Act (“CTDPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Connecticut resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@supergoop.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Deletion

You have the right to delete Personal Data you have provided to us or we have obtained about you.

Portability

You have the right to request a copy of your Personal Data that is processed automatically in a machine-readable format, to the extent technically feasible.

Personal Data Sales and Targeted Advertising Opt-Out

In this section, we use the term ‘sell’ as it is defined in the CTDPA. We sell and process for the purposes of targeted advertising your Personal Data, subject to your right to opt-out of these sales. For clarity, when we use the term ‘sell,’ we mean for valuable consideration and not for any monetary value.

We do not sell your Personal Data in any other way than through the use of Cookies. As described in the “Tracking Tools, Advertising and Opt-Out” section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under the CTDPA, disclosing your data through third party Cookies for online advertising may be considered a “sale” of information. You can opt out of these sales by following the instructions in this section. You can opt out from these “sales” by following the instructions in the “” section.

We Will Not Discriminate Against You for Exercising Your Rights Under the CTDPA

We will not discriminate against you for exercising your rights under the CTDPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CTDPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CTDPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Utah Resident Rights

If you are a Utah resident, you have the rights set forth under the Utah Consumer Privacy Act (“UCPA”). Please see the “ ” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Utah resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@supergoop.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete Personal Data that you have provided to us.

Opt-Out of Certain Processing Activities

• You have the right to opt-out of the processing of your Personal Data for targeted advertising purposes. We process your Personal Data for targeted advertising purposes. You can opt out this processing of your Personal Data by following the instructions under the “Exercising Your Rights under the State Privacy Laws” Section.
• You have the right to opt-out to the sale of your Personal Data. UCPA defines sale as the exchange of Personal Data for monetary consideration to a third party. You can opt out this processing of your Personal Data by following the instructions under the “Exercising Your Rights under the State Privacy Laws” Section.

We Will Not Discriminate Against You for Exercising Your Rights Under the UCPA

We will not discriminate against you for exercising your rights under the UCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the UCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the UCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

 

Virginia Resident Rights

If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data Protection Act (“VCDPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@supergoop.com.

Access

You have the right to request confirmation of whether or not we are processing your Personal Data and to access your Personal Data.

Correction

You have the right to correct inaccuracies in your Personal Data, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your Personal Data.

Portability

You have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

Deletion

You have the right to delete Personal Data you have provided to us or we have obtained about you.

Opt-Out of Certain Processing Activities

• You have the right to opt-out of the processing of your Personal Data for targeted advertising purposes. We process your Personal Data for targeted advertising purposes.
• You have the right to opt-out to the sale of your Personal Data. VCDPA defines sale as the exchange of Personal Data for monetary consideration to a third party.
• We do not currently process your Personal Data for the purposes of profiling.

To exercise any of your rights for these certain processing activities, please follow the instructions under the “Exercising Your Rights under State Privacy Laws” section.

We Will Not Discriminate Against You for Exercising Your Rights Under the VCDPA

We will not discriminate against you for exercising your rights under the VCDPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the VCDPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the VCDPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

 

Exercising Your Rights under the State Privacy Laws

To exercise the rights described in this Privacy Policy, you or, if you are a California, Colorado or Connecticut resident, your Authorized Agent (defined below) must send us a request that (1) , and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request. We may need to verify your identity in order to process your right to know, access, appeal, correction, or deletion requests, and we reserve the right to confirm your identity and residency, and in our discretion, deny your request if we are unable to verify your identity or residency. As a part of this process, we may require details of your account log-in information or address.

We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

If you are a US resident, you may opt-out from any “sales,” “shares,” or targeted advertising, by

• In relation to Cookies:
• By accessing the Cookie icon at the bottom right of the website.
• By implementing the Global Privacy Control or similar universal privacy control that is legally recognized by a government agency or industry standard and that complies with the CCPA. The signal issued by the control must be initiated by your browser and applies to the specific device and browser you use at the time you cast the signal. Please note this does not include Do Not Track signals. 
• Not in-relation to Cookies:
• Call us at: (877) 564-7330
• Email us at privacy@supergoop.com.

 If you are a Colorado resident, you may opt out from the processing of your Sensitive Data by using the following methods:

• Email us at privacy@supergoop.com.

 You may submit a Valid Request for any other rights afforded to you in this Privacy Policy by using the following methods:

• Email us at: privacy@supergoop.com
• Call us at: (877) 564-7330

• Write to us at the following this address: 200 E. Grayson, Suite 110, San Antonio, TX 78215 

If you are a California, Colorado or Connecticut resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Appealing a Denial

If you are a Colorado, Connecticut, or Virginia resident and we refuse to take action on your request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the CPA, CTDPA, or VCDPA (as applicable). We will respond to your appeal within the time period required under the applicable law. You can submit a Verified Request to appeal by the following methods:

• Email us at: privacy@supergoop.com (title must include “[STATE OF RESIDENCE] Appeal”)

If we deny your appeal, you have the right to contact the Attorney General of your State, including by the following links: www.oag.state.va.us/consumer-protection/index.php/file-a-complaint (VA), www.coag.gov/resources/colorado-privacy-act/ (CO), and www.portal.ct.gov/AG/Sections/Privacy/The-Privacy-and-Data-Security-Department (CT).

 

 

Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@supergoop.com.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• (877) 564-7330
• https://supergoop.com/
• privacy@supergoop.com
• 200 E. Grayson, Suite 110, San Antonio TX 78215