Privacy Policy

Last Updated: March 2024

This Privacy Policy governs the manner in which Josie Maran Cosmetics, LLC (hereafter also referred to as “JMC” “we” and “us”) collects, uses, maintains and discloses information collected from users and employees, directors, and independent contractors of JMC (each, a “User” or “you”) for our websites, products, and services (together, collectively the “Service”).  By accessing the Service, you acknowledge and agree to this Privacy Policy and also agree to the Terms of Use of the Service located here.

We reserve the right to make any changes to our privacy policy at any time, notice of which may be posted on this privacy page.  Users must refer back to our privacy policy to read any changes in our privacy policy.

Information We Collect

Account Information.  When establishing an account with our Service, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”).  Personal Information that we collect may include, but is not limited to, your full name, mailing address, mobile phone number, and email address. 

Usage Data.  Besides the Personal information, we may also collect other information regarding your activity during your use of the Service including, but not limited to, session duration, time between sessions, searches made during a session, actions taken, log in time, log out time, and other behavioral data (collectively, “Usage Information”). 

When you use the Service, our website may automatically record information that your browser sends whenever you visit our Service.  This information may include, but is not limited to, your computer’s Internet Protocol address (IP address) or other identifier, your general location, browser type, the web page you were visiting before you came to the Service, and in-bound tracking, namely, the source (ad, social media channel or blog, search engine) which made you aware of the Service. 

Our website may collect information from you when you provide feedback, questions, or information when you interact with our technical support representatives.  Your conversations with our technical support representatives may be recorded and monitored to improve our service, troubleshoot and protect against errors, and process and resolve your complaints or questions.  We may also collect and use any files that you send to us for troubleshooting in order to improve our Service. 

How We Use the Information Collected

The Personal Information and Usage Information we collect from the Service will be used mainly as follows: (i) to provide, maintain, protect and improve the Service (including data analytics), (ii) to respond to your submissions, questions, comments, requests and complaints and provide customer service; (iii) as part of our efforts to keep the Service and integrations safe and secure; (iv) to protect JMC’s rights or property; (v) for internal operations, including troubleshooting, data analysis, testing, research, customization, and improvements to service and experience on the Service; (vi) to send you confirmations, updates, security alerts, and support and administrative messages; and (vii) for any other legitimate business purpose for which the information was collected.  We may use information to provide online advertising on the Service and to send you information we think may be useful or relevant to you.  You may opt out of email marketing by using the unsubscribe link in a marketing email or you may opt out by altering your account settings.  Additionally, we may send you a SMS (if you have consented to receive such communication from us) to remind you of items that remain in your shopping cart.

We may anonymize and aggregate data collected through the Service and use it for any purpose and share with other partners or third parties.

JMC may on occasion combine information collected with additional records (such as information from affiliated companies, partners, distributors, or outside vendors, and publicly available information, including on social media sites).  The combined information may be used for purposes such as to market products, features, or services that may be of interest to you, or for research and analytics.

Sharing Information with Third Parties

JMC may share your information: (i) where your consent is obtained, such as when you choose to opt-in to the sharing of data; (ii) with vendors and service providers retained in connection with provision of the Service, including for data analytics purposes (iii) to comply with law enforcement requests and legal process (such as a court order or subpoena) legal action or law enforcement (“Legal Reasons”); (iv) to enforce or apply this Privacy Policy, our Terms of Use  or our other policies or agreements; (v) respond to your requests; (vi) protect JMC’s, your, or others’ legal rights and/or property (“Prevent Harm”); or (vii) if JMC is involved in a merger, acquisition or asset sale, in which case the use of your information will be governed by the provisions of the Privacy Policy in effect at the time JMC collected such information.  One of the service providers that we use for data analytics is Google Analytics.  If you do not want Google Analytics to collect and use information about your use of the Service, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/).

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Choice & Control

We know members of our community value having control over their own information, and therefore JMC gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you.  We give you account settings and tools to access and control your personal data regardless of where you live.

Service Providers, Business Partners and Others

JMC does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.  JMC is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the JMC site.  We encourage you to ask questions before you disclose your personal information to others.

We may employ third party service providers to facilitate our service, to provide service on our behalf, to perform website related services (including but not limited to maintenance services, database management, web analytics and improvement of JMC’s features) or to assist us in analyzing how our website and service are used and can be improved.  These third parties may have access to your Personal Information only for purposes of performing these tasks on our behalf.

Compliance with Laws and Law Enforcement

JMC must cooperate with government and law enforcement officials and private parties to enforce and comply with the law.  In the event of a claim and/or legal process (including but not limited to subpoenas), to protect the property and rights of JMC or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to pose a risk of being illegal, unethical, inappropriate or legally actionable, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we in our sole discretion find necessary or appropriate.

Business Transfers

In the event of a bankruptcy, merger, acquisition, reorganization or sale of assets, JMC may sell, transfer or otherwise share some or all of its assets, and your Personal Information may be transferred as part of that transaction.  To the maximum extent allowable by law, the Privacy Policy will apply to the User information as transferred to the successor entity.  However, User information submitted after a transfer to a successor entity may be subject to a new privacy policy adopted by the successor entity.

Security

The security of your personal information is important to us.  Your JMC account information is protected by a password.  It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.  Each password owner is responsible for keeping the password confidential and safe, as JMC has no control or responsibility for this type of user information.  You agree not to disclose or share your user information and/or password with any third party.  You are responsible for any activity using your account, whether or not You authorize that activity.  Please immediately notify JMC of any unauthorized use of your account. 

JMC uses the Shopify platform, which encrypts sensitive information (such as credit card number) using secure socket layer technology (SSL).  The Shopify platform follows generally accepted industry standards to protect the personal information submitted to on our website, both during transmission and once the website receives it.  No method of transmission over the Internet, or method of electronic storage, is 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.  Your data may be lost during transmission or may be accessed by unauthorized parties.  We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer over the Internet.

Cookies & Tracking Technologies

JMC uses a variety of technologies to help us better understand how people use the Site.

A cookie is a small data file sent from a web site to your browser that is stored on your computer's hard drive.  JMC uses our own cookies for a number of purposes, including to access your information when you sign in; keep track of preferences you specify; display the most appropriate content based on your interests and activity on JMC; estimate and report JMC's total audience size and traffic; conduct research to improve our content and services.  You can configure your browser's settings to reflect your preference to accept or reject cookies. If you reject all cookies, you will not be able to take full advantage of services offered by the Site.

The JMC site is built on the Shopify platform, which uses Flash cookies (a.k.a local shared objects or LSOs) to store some of your viewing preferences on our site.  Flash cookies are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored. 

JMC may partner with third-party services who may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features.  These technologies allow a partner to recognize your computer each time you visit JMC, but do not allow access to personally identifiable information from JMC.  JMC does not have access or control over these third-party technologies, and they are not covered by our privacy statement.  You may be able to change browser settings to refuse and/or disable cookies when you access the Site through a web browser.  The steps to do this vary depending on the browser used, but generally can be found by using the “Help” feature available on your browser.  However, if you do that, the Site may not work properly and/or personalized features of the Site will be disabled.  JMC is not presently configured to respond to DNT or “do not track” signals from web browsers.

Do Not Track Signals from Web Browsers – The Service is not presently configured to support Do Not Track (“DNT”) signals from web browsers.

JMC uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

When you visit or log in to our website, cookies and similar technologies may be used by our trusted third party partners to associate these activities with other information they have access to, including by association with your email or mailing address. We (or service providers on our behalf) may then send communications and relevant marketing offers to these email or mailing addresses. You may opt out of receiving this advertising here.

Rakuten Advertising

Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes.  For more information about the collection, use and sale of your personal data and your rights, please use the below links.

Privacy policy: Rakuten Privacy Policy

Your rights: Rakuten Privacy Rights

Data Retention

JMC will retain your Personal Information for as long as your account is active or as needed to provide you services.  If you no longer want JMC to use your information to provide you services, you may close your account.  In some instances, we will delete or anonymize the information you provide to us after it is no longer needed.  We also keep information about you and your use of the Service for long as it is necessary for our legitimate business interests, legal reasons (e.g., legal requirements to keep data), and to prevent harm to JMC and/or its users.

Our Policy toward Children

JMC is not directed to nor is it intended for children under 18 years of age.  We do not knowingly collect personally identifiable information (or any information at all) from any persons under 18.  If we become aware that a child has provided us with Personal Information, we will delete such information from our files.  Users of JMC accept responsibility of ensuring that children are not accessing or using our Service.

For Users Outside of the United States Only

The Service is hosted by Shopify, which has servers throughout the U.S. and North America.  If you are a user accessing the Service from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your personal data to the United States which may not have the same data protection laws as such other regions.  By providing user information through the Service you are consenting to the transfer of your information to the United States for processing and maintenance in accordance with this Privacy Policy and the Terms of Use.  If you wish to withdraw your consent, you can delete your account as described in CHOICE AND CONTROL section of this Privacy Policy.  You are also consenting to the application of United States law in all matters concerning the Service and any services offered or provided therefrom.

For Users Residing in California -- Your California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.  To request a copy of the information disclosure provided by JMC pursuant to Section 1798.83 of the California Civil Code, please visit our Data Requests page here or email our Support Team here.  Please allow up to 45 days for a response.

CCPA Compliance

The California Consumer Privacy Act (the “CCPA” or “Act”) provides California residents with specific rights regarding their personal information.  It should be noted that personal information under the Act does not include publicly available information from governmental records and de-identified or aggregated consumer information.  This section describes your rights under the Act and explains how to exercise those rights. 

Right to Personal Information

As required by the Act, we will provide you the following information upon a verifiable consumer request:  (1) categories of Personally Identifiable Information that we collect; (2) categories of sources from which the Personally Identifiable Information is collected; (3) the purpose of collecting such Personally Identifiable Information; (4) the categories of third parties with whom we share Personally Identifiable Information; and (5) specific pieces of Personally Identifiable Information collected.  If we sold or disclosed your Personally Identifiable Information for a business purpose in the preceding 12 months, we will provide (a) a list of the categories of personal information that was sold, and (b) a list of the categories of personal information that was disclosed for a business purpose.

Right to Request Deletion of Personal Information

According to the Act, you may request that your Personally Identifiable Information be deleted.  We will comply with this request once we are able to confirm that we received a verified consumer request.  Please be advised that we may deny your request to delete your Personally Identifiable Information if we need to maintain your Personally Identifiable Information in order to (1) complete a transaction, provide service or goods, or perform a contract for which the Personally Identifiable Information is collected; (2) detect any security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for these activities; (3) debug products and to identify and repair errors that impair functionality of the Service or Website; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided 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; or (9) otherwise use your Personally Identifiable Information, for internal use only, that is compatible with the context in you provide the Personally Identifiable Information.

Exercising your CCPA Rights - How to Opt-Out

To request (a) information about your Personally Identifiable Information collected (b) deletion of your Personally Identifiable Information or (c) opt-out of the "sale" of your Personal Identifiable Information, please visit our Data Requests page here or email our Support Team here.

We can only respond to verifiable consumer requests.  A verifiable consumer request means a request that is made by a consumer, by a consumer on behalf of a consumer’s minor child, or a person registered with the California Secretary of State that is authorized to act on your behalf.  Your verifiable consumer request must include (1) sufficient information that allows us to verify your identity or provides sufficient authority to make the request; and (2) describes your request with enough detail to evaluate and respond to your request.  We will not respond to any requests if we cannot verify your identity or authority to make the request and confirm that the personal information belongs to you.  You are not required to create an account in order to make a verifiable consumer request.  We are not required to comply with more than two verifiable requests from the same consumer in a 12-month period of time.

Please allow 45 days to complete your request.  We will inform you if more time is required to complete, but it should take no longer than 90 days.  If you have an account, we may provide our response to your account.  If you do not have an account, we will provide our response according to your requested format, namely, electronically or by mail.  Please note that there is no charge for making a request, but we reserve the right to charge a fee if the request is deemed excessive, repetitive, or manifestly unfounded.  We will notify you of any fee and reasons for such fee before completing your request. 

Right to Opt-out of the Sharing of Personal Information. 

According to the Act, our use of tracking technologies may be considered a “sale” or “sharing”.  You have the right to opt-out of the sale of your Personally Identifiable Information by accessing this link, clicking on the “CCPA Compliance” link, or by broadcasting an Opt-out reference signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal)

Non-Discrimination.

We will not discriminate against you because you exercised your rights under the CCPA including: (1) denying goods or services; (2) charging different prices or rates for goods or services through discounts,  benefits, or imposing penalties; (3) providing different level of quality of goods or services; or (4) suggesting that you will receive a different price, rate, quality, or level of goods or services. 

Please note that if you do exercise your CCPA rights, you may not be eligible to receive discounts, cash back rebates and other benefits from merchants and other service providers since they will not be able to verify your identity and/or eligibility.

LEGAL DISCLAIMER

This Service operates "AS-IS" and "AS-AVAILABLE," without warranties of any other kind.  We are not responsible for events beyond our direct control.  This Privacy Policy is governed by the laws of the State of California, excluding conflicts of law principles.  Any legal actions against us arising out of or related to the Service must be commenced in the county of Los Angeles in the state of California in the United States of America.

Updates to Privacy Policy

If we make any material changes to this Privacy Policy, we will post a notice on the website or application notifying users of the changes.  In some cases, we also may send an email notifying users of the changes.  You should check this website periodically to see if any recent changes to this Privacy Policy have occurred.

Contacting Us

This Policy is part of the Terms of Use of the Service and any use of the Service is governed by those Terms of Use.  If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us here.