PRIVACY POLICY

Last Updated: August, 2022

INTRODUCTION

My Skin of Color, Inc (“My Skin of Color” “We,” or “Us”) owns and operates websites (the “Site” or “Sites”) located at www.MySkinofColor.com and may have previously, now, or in the future own and/or operate a My Skin of Color mobile application (collectively, the “Platform”) and the Services offered in relation to the Sites. Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by My Skin of Color, and any affiliated website, software or application owned or operated by My Skin of Color (collectively, including the Platform and the Content, the “Service”) are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the My Skin of Color Terms (“Terms”).

This Privacy Policy (“Privacy Policy”) describes what information we collect from individuals, why we collect your information, how we use the information, and with whom we share it. This policy will also lay out your rights as a User. We may amend this Privacy Policy at any time; if we make changes to this Privacy Policy, we will post those changes on this page.

As with our Terms, by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are automatically accepting and acknowledging the most recent version of this Privacy Policy.

Our Service is intended for use by individuals who are at least eighteen (18) years of age, or older as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service.

When your Consultation is accepted with My Skin of Color, you are creating a direct customer relationship with us that enables you to access and/or utilize the various functions of the Platform and the Service as a User. We collect information that Users provide through the Consultation form 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 (“Personal Information”).

“Non-Personally Identifiable Information” may be collected through tracking systems. This includes information about your devices, including your IP address, location of the device, browser information, operating system, usage data, pages you visited on the Site, tally page views throughout our Site, and/or other technical identifiers.

COLLECTION OF INFORMATION

We collect any information you provide when you use the Service, including, but not limited to:

Personally Identifiable Information, such as your name and contact data, e-mail address, location, address, phone number, driver’s license number, passport number, and billing and physical addresses;
Demographic data, such as your gender, date of birth and zip code;
Computer, mobile device, and/or browser information, such as IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes;
Third-party website, network, platform, server and/or application information, such as, Facebook, Twitter, or Instagram;
Usage activity concerning your interactions with the Service and/or third-party websites, networks or applications accessed through the Service. This includes, but is not limited to viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites or networks, etc.;
Billing, payment, and shipping information;
Treatment date;
Electronic signature;
Photographic or video images submitted for identification, non-diagnosis, or treatment purposes;
Health and medical data submitted for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes;
Information about third parties that you refer to us (e.g., name, email, and/or other contact information, relationship); and
Any other information you provide when you contact or communicate with us My Skin of Color does not collect or create biometric information about you.

HOW INFORMATION IS COLLECTED

Registration: Our Services require user registration. To register, My Skin of Color may require information such as name, address, e-mail address, zip code, phone number, and other health information like age, medications, symptoms, payment information, and previous medical history.
Video/Photographic Consultation and Questionnaire: Any information entered or provided into Site is considered to be shared openly and with your consent for use by My Skin of Color and/or third parties.
Market Research: When you participate in market research studies and surveys for us or on behalf of third-party sponsors, in addition to the responses you choose to provide, you may be asked to provide Personal Information.
Cookies, Web Beacons, and Other Tracking Technologies: Whether or not you register to use the Site, cookies, web beacons, and other tracking technologies may be stored on your computer and used to track activity. This enables us to understand how visitors use our Sites, helps us improve the site for both users and advertisers, and customize the content, offerings, services, and advertisements. Advertisers may include their cookies, web beacons, or other tracking technologies within their advertisements on the Site. Additionally, third party vendors, including Google, use cookies to serve third party ads based on your prior visits to the Site. You can choose to disable or turn off cookies or third party cookies in your web browser at any time. However, please be aware that some of our Services will not function fully if your browser does not accept cookies.
Third Party Covered Entities: We may collect information from providers that may provide treatment or other services to you in connection with our Services. This information may include, but is not limited to, diagnoses, treatment plans and notes, and prescription details.

Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.

By visiting, accessing, or using the Service, you acknowledge and agree in each instance that you are giving My Skin of Color permission to monitor or otherwise track your activities on the Service, and that My Skin of Color may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies. Notwithstanding the foregoing, My Skin of Color does not permit third parties or third-party cookies to access any communications you have with the Providers, or medical information that you submit to the Providers for diagnosis and treatment purposes.

USE OF INFORMATION

In connection with providing the Service, We may use your information for any lawful business purpose, including, but not limited to:

Verifying your identity;
Responding to your questions;
Confirming your location;
Administering your account;
Fulfilling your requests;
Processing your payments;
Facilitating your use of the Service and/or products or services offered through the Service;
Communicating with you by letter, email, text, telephone, or other forms of communication, including on behalf of your provider(s) to facilitate Services;
Providing you with information about My Skin of Color products and services by letter, email, text, telephone, or other forms of communication;
Providing you with customer support;
Providing you with information about third-party businesses, products and services by letter, email, text, telephone, or other forms of communication;
Developing, testing, or improving the Service and content, features and/or products or services offered via the Service;
Identifying or creating new products, services, marketing and/or promotions;
Promoting and marketing My Skin of Color and the products and/or Services offered via the Site;
Analyzing traffic to and through Service;
Analyzing and monitoring user behavior and activity on or through the Service;
Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to My Skin of Color, the Service or products and services offered via the Service;
Placing and tracking orders for products or services on your behalf; • Protecting or enforcing our rights and properties;
Protecting or enforcing the rights and properties of others (which may include you); • To comply with applicable laws, rules, or regulations; or
Otherwise in rendering, administering, and improving the Site, our Services, and our business.

We may de-identify your information and use, create, and sell such de-identified information, or any business or other purpose not prohibited by applicable law.

DISCLOSURE OF INFORMATION

Subject to the limitations described above, we may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information to:

Business Administration: Our third-party and service providers (collectively “Vendors”) that provide services to enable us to provide the Service, such as the hosting of the Service, data analysis, IT services and infrastructure, customer service, email delivery, legal and financial advisory services, auditing services, analytics, and similar services;
Market Research: Our Vendors that provide services to enable us to promote and advertise the Service and the products and/or services offered via the Service, such as ad platforms or ad-retargeting services, as well as comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and similar services;
Voluntary Consent: We may share your information to the extent you have voluntarily agreed or are clearly notified of and consent to by using the Services or as otherwise set forth in this Policy. This includes the pharmacies to enable them to provide services to you via the Service;
Legal Requirements: We may share information as necessary to comply with applicable legal requirements such as a law, regulation, search warrant, subpoena, or court order legal requirements, as is necessary and permitted by applicable laws to protect and defend our rights or the rights of our users or third parties; or as is permitted under applicable laws to meet national security and similar requirements;

Subsidiaries, Affiliates, Business Transfers: We may share any information that is collected to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets, or stock with such third party.

We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.

DATA RETENTION

We may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service or My Skin of Color. We may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by My Skin of Color or as required by law.

JURISDICTION

The Service may only be used within certain states within the United States as described in our Terms. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law.

Notice to Nevada Residents

Nevada residents have the right to opt-out of the sale of your personal information, including your first and last name; home or other physical address; e-mail address; phone number; and any identifier that enables you to be contacted online. To make this request, Nevada residents may contact us at

Notice to California Residents

Under the California Shine the Light law, California residents have the right to ask us if we have shared personal information with third parties for their direct marketing purposes once per calendar year. To make a request, California resident may contact us at:

Consumer Rights Under the California Consumer Privacy Act:

You have the right to request that we disclose to you what personal information we collect, use, disclose, and sell during the preceding 12 months;
You have the right to request that we delete any of your personal information; 3. You have the right to opt-out of the sale of your personal information by emailing patients@MySkinofColor.com. You have the right to equal service and price for services in the event you choose to exercise your right under this section of the Privacy Policy.

Right to Disclose

You have the right to request the following information:

The categories of your personal information that we collected and sold or shared for a business purpose;
The sources from which we collected your personal information; 3. The third parties with whom we shared or sold your personal information; 4. The business purpose; and
The specific personal information we collected from you.

Right to Delete

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 your request and confirm your identity, We will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or Our service provider(s) to:

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 federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
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.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To honor your access or deletion request, you must provide us with enough information to reasonably verify you are the person about whom we collected personal information or an authorized representative of that person. We will confirm receipt of your request within

10 days and respond to requests for access and deletion within 45 days if we are able to verify your identity based on the information you have provided.

Right to Opt-Out

You have the right to direct us not to sell your personal information at any time. We do not sell personal information of consumers.

To make an above request, California residents may contact us at patients@MySkinofColor.com.

Non-Discrimination

We will not discriminate against you for exercising any of your 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 with a different level of quality of goods or services; or ● Suggest that you may receive a different price or rate for goods or services or a different level of quality of goods or services.

THIRD PARTIES

Our Sites may provide links to third party websites and resources. This Privacy Policy does not address or apply to, and we are not responsible for, the privacy, information, or other practices of any third parties, including, without limitation, the providers, the manufacturer of your mobile device, and any other third-party mobile application or website to which our Service may contain a link. These third parties may at times gather information from or about you. Third party sites and resources are not bound by this Policy; they may have their own policies or none at all. We encourage you to review the privacy policies of each website and application you visit and use.

MISCELLANEOUS

We strive to use reasonable physical, technical, and administrative measures to protect information under our control. While we will maintain the security of Personal Information and Personal Health Information and protect the integrity of such information with a commercially reasonable degree of care, we cannot guarantee the security of any information you disclose online. If a breach occurs, we will take action to stop further data loss or unauthorized access, investigate how the breach occurred, and when appropriate, contact law enforcement and/or government agencies. We do not make any warranty, express, implied, or otherwise, that we will be able to prevent loss, misuse, unauthorized access to, or alteration of information you provide to us. We disclaim any and all liability for unauthorized access or use or compromise of your Personal Information or Personal Health Information to the maximum extent permitted by applicable laws. You make disclosure of information to us at your own risk. If you have reason to believe that the security of your personal information has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.

When using the Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Service all together. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you Service-related communications. We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy.

My Skin of Color may supplement, amend, or otherwise modify this Privacy Policy at any time. Such supplements, amendments and other modifications will be posted on this or a similar page of the Service and shall be deemed effective as of the “Last Updated” date; provided, however, that My Skin of Color will notify you and/or require you to accept the updated Privacy Policy if the supplemented, amended or otherwise modified Privacy Policy implements material changes from My Skin of Color’s then-current Privacy Policy. It is your responsibility to carefully review this Privacy Policy each time you visit, access, or use the Service.

CONTACT INFORMATION

If you have any questions about this Privacy Policy, please contact us by email at patients@MySkinofColor.com.