PRIVACY POLICY

Privacy Policy - Sunday Riley Modern Skincare, LLC

Last Updated: June, 2022 

INTRODUCTION 

This Privacy Notice to California Residents (the “Notice”) supplements the information contained in the Privacy Policy of Sunday Riley Modern Skincare, LLC and Sunday Edit (“SRMS,” “we”,“us” or “our”) (which is incorporated herein for all purposes) and applies to all visitors, users, and others who reside in the State of California ("consumers" or "you"). SRMS adopts this noticeto comply with the California Consumer Privacy Act of 2018 and it amendments (“CCPA”). Any word or phrase defined in our Terms of Use and/or our Privacy Policy have the same meaning when used in this Notice.  

California residents with disabilities may access this notice in an alternative format by emailing us at: hello@sundayriley.com

INFORMATION WE MAY COLLECT FROM YOU  

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“PersonalInformation”). We have collected the following categories of Personal Information from consumers within the last twelve (12) months: 


Category 

Examples 

Collected 

A. Identifiers. 

A real name, alias, postal address, email address, unique personal or online identifier, 

IP address, account name, Social Security number, driver’s license number, passport number, date of birth, or other similar identifiers. 

YES 

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

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number,education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Informationincluded in this category may overlap with other categories. 

YES 

C. Protected classification characteristics under California or federal law. 

Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirthand related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). 

NO 

D. Commercial information. 

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. 

YES 

E. Biometric information. 

Physiological, behavioral and biological characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity or other identifieror identifying information, such as, fingerprints, and/or voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. 

NO 

F. Internet or other network activity. 

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

YES 

G. Geolocation data. 

Physical location. 

YES 

H. Sensory data. 

Audio, electronic, visual, thermal, olfactory, or similar information. 

NO 

I. Professional or employment-related information. 

Current or past job history or performance evaluations. 

YES 

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). 

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes,student financial information or student disciplinary records. 

YES 

K. Inferences drawn from other Personal Information. 

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 

NO 


Sources of Collecting Personal Information 

We collect personal information from a variety of sources including: 

  • Directly from you. 
  • From your browser or device. 
  • From information generated from your online browsing and usage activity. 
  • Service providers. 
  • Business partners and affiliates. 
  • Third parties you direct to share information with us. 
  • When you register with us, we ask for information such as your name, postal address, zip code, email address, and telephone number. We also acquire your Internet protocol address and/or mobile device identification, whichcertain jurisdictions consider to be PI because it could be used to identify an individual or device if it were combined with other identifying information. 
  • We may capture user information when users send us questions or comments via email. Information collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue. Sending us an email will notenroll you on our email list unless you specifically request it. 
  • For purchases made on the Site, a third-party payment processor such as Authorize.net, Amazon Pay or Apple Pay may collect your name, email address, postal address, contact details and credit or debit card information. By making apurchase, you grant to us and to all other persons and entities involved in the operation of the Site, the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Site andas otherwise provided herein. You also agree that such access and use of your personal information is governed by their privacy policies. We are not responsible or liable for the content, activities or privacy policies ofany third-party websites. Accordingly, please refer to their respective privacy policies. 
  • We generally do not request on or through the Site other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers),personal health information, or government issued identification numbers (e.g., social security number, drivers’ license number, or passport number), although we reserve the right to do so when such information is necessary to offeryou certain services. 
  • We may also obtain your personal information through your use of social media and/or other websites such Twitter, Facebook, YouTube, Pinterest, Instagram, Tiktok or LinkedIn, depending on your settings or the privacy policies ofthese websites. To change your settings on these services, please refer to their respective privacy notices. 
  • Note, if you do not provide the mandatory Personal Information for a particular activity, we may not be able to offer the required information for you to engage in that activity.  

HOW WE USE THE INFORMATION WE COLLECT 

If you elect to provide SRMS with Personal Information, we may use or disclose the Personal Information for multiple purposes as needed to provide goods and services to you. These uses are based in our legitimate business interestsin providing goods and services to you and/or fulfillment of our contractual obligation to deliver the goods and services you have requested. We have balanced these business needs carefully with your privacy rights and these uses donot improperly infringe on your privacy and confidentiality rights. We may use your Personal Information in the following ways: 

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information or ask a question about our products or services, we will use that personal information to respond to your inquiry. Ifyou provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns. 
  • To provide, support, personalize, and develop our Site, products, and services. 
  • To provide feedback related to products you purchased and/or reviewed. 
  • To communicate with you, including through email to provide you updates, alerts, news and mailings relating to products and discounts that we think may be of interest to you. 
  • To create, maintain, customize, and secure your account with us. 
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud. 
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. 
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Platform, third-party sites, and via email or text message (with yourconsent, where required by law). 
  • To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business. 
  • For testing, research, analysis, and product development, including to develop and improve our Site, products, and services. 
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA. 
  • To understand whether our users read email messages and click links within those messages. 
  • In any other way we may describe when you provide the information. 
  • To allow you to participate in interactive features on our Site. 
  • To contact users with updates and relevant information about our products and services because they have signed up to do so through our Site. 
  • To provide users with personalized offers, promotions, news, events and other information relevant to them because they have signed up to do so through our Site. 
  • To quickly process user requests for information and to allow us to respond efficiently to user questions. 
  • To monitor Site statistics. 
  • To respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s request. 
  • To help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Site, to help protect the security or integrity of our Site, or to enable usto take precautions against liability. 
  • To provide information to service providers or such companies who provide support for the operations of our Site and who do not use or disclose the information for any other purpose. 
  • To administer a contest, promotion, survey, or other features.  
  • To allow us to disclose your information to the extent permitted by law. 

HOW WE SHARE PERSONAL INFORMATION 

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personalinformation confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories ofthird parties indicated in the chart and paragraphs below. 


Personal Information Category 

Business Purpose Disclosures 

A: Identifiers. 

For order management. 

B: California Customer Records personal information categories. 

For targeted marketing, user profiles, and customer management. 

C: Protected classification characteristics under California or federal law. 

For use of our Site.  

D: Commercial information. 

For customer management and easier checkouts.  

E: Biometric information. 

None. 

F: Internet or other similar network activity. 

For targeted marketing, user profiles, and customer management. 

G: Geolocation data. 

For targeted marketing.  

H: Sensory data. 

None. 

I: Professional or employment-related information. 

None. 

J: Non-public education information. 

None. 

K: Inferences drawn from other personal information. 

For targeted marketing, user profiles, customers reviews, and customer management.  


Examples of how or circumstances in which we may share Personal information include: 

  • SRMS is an Amazon Associate. In connection with the Amazon Affiliate Program, Amazon may monitor, record, use and disclose personal information about you obtained in connection with SMRS’ display of special links and programcontent (please review the applicable terms and policies, including the privacy and data gathering practices of Amazon for more information);  
  • SRMS has teamed up with Commission Junction LLC, a Conversant company (“CJ Affiliate”), to spread the word out about SRMS! CJ Affiliate may collect and share personal information about you, such as your full name, home address,telephone number or email address, to help us provide digital advertising on browsers, mobile applications and televisions, in a variety of ways, from banner and video ads to coupon codes. For more information about CJ Affiliate orto opt-out, please review their applicable terms and policies; 
  • SRMS has partnered up with ShopStyle Inc., part of the Rakuten Group ("ShopStyle"), to grow its brand awareness! Accordingly, ShopStyle may collect and share your personal information, such as your name, emailaddress, mailing address, phone number and payment information to its service providers that perform marketing services and other business operations on their behalf. For more information about ShopStyle or to opt-out,please review their applicable terms and policies; 
  • Subsidiaries, Site Consultants and Service Providers. We may disclose personal information to our subsidiaries, third party consultants and service providers (such as providers of hosting, support, maintenance; thirdparty payment processing agencies; and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us and the Site; 
  • Enforcement of Rights/Security. We reserve the right to release personal information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us todo so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshootproblems, prevent fraud and otherwise enforce the Privacy Policy and other Site user agreements; 
  • Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized,the information you provide will be one of the transferred assets to the acquiring or reorganized entity; 
  • To Help Protect Minor Users of Our Site. In the event that the safety of our users is threatened, and we are able to do something about that by sharing Personal Information with third parties, we reserve the right to do so. This may bedone to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Site, to help protect the security or integrity of our Site, or to enable usto take precautions against liability; 
  • As Otherwise Allowed by Law. We may transfer personal information to third parties where we are expressly authorized by applicable law to do so; 
  • Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transferthat aggregated information to third parties; 
  • We may make available services such as blogs, message boards and chat functionality to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on theSite becomes public information and may be available to visitors to the Site and to the general public. In addition, when you choose to make a posting on such services certain personal information will be available forother users to view. We urge you to exercise discretion and caution when deciding to disclose personal information about you, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANYPERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE SITE; and 
  • With your express consent. 

Your Rights and Choices Regarding Your Personal Information  

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

Right to Know and Data Portability 

You have the right to request that we disclose certain information about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: 

  • The categories of Personal Information we collected about you. 
  • The categories of sources for the Personal Information we collected about you. 
  • Our business or commercial purpose for collecting or selling that Personal Information. 
  • The categories of third parties with whom we share that Personal Information. 
  • The specific pieces of Personal Information we collected about you (also called a data portability request). 
  • If we sold or disclosed your Personal Information for a business purpose, a separate list disclosing: 
  • sales, identifying the Personal Information categories that each category of recipient purchased; and 
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. 
  • Please note that we do not sell your Personal Information. 

Right to Delete  

California Residents have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we willdelete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. 

You may object to SRMS using your Personal Information for the above purposes at any time by emailing us at: hello@sundayriley.com. If you do so, SRMS will cease using your Personal Information for the above purposes (i.e., undera legitimate interest set out above) and remove it from its systems unless such Personal Information is permitted to be used by SRMS for another purpose set out in this California Specific Privacy Notice or SRMS determines anddemonstrates a compelling legitimate interest to continue in processing your Personal Information. 

We may deny your deletion request if retaining the information is necessary for us or our service providers to: 

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

 

 

Right to Know 

California residents also have the right to know certain information about our data practices in the preceding twelve (12) months. You have the right to request the following from us:  

  1. The categories of personal information we have collected about you.  
  1. The categories of sources from which the personal information was collected.  
  1. The business or commercial purpose for collecting the personal information; and 
  1. The specific pieces of personal information we have collected about you.  

You may only submit a request to know twice within a 12-month period.  

How to exercise your Right to Know, Right to Data Portability and Right to Delete  

To exercise your Right to Know, Right to Data Portability and/or your Right to Delete, please submit a verifiable consumer request to us by emailing hello@sundayriley.com with the subject line “California Privacy Rights Request.”

Please note, when you submit a request to us, that request will only be completed with respect to the SRMS-affiliated brand to which you have submitted such request.

Regarding our marketing materials, you may also withdraw your consent at any time by clicking on the “unsubscribe” link at the bottom of each email or by emailing hello@sundayriley.com. If an individual withdraws their consent to receiving marketing emails, we will still be able to send them essential service communications that are necessary for the performance of our services.

To exercise your rights, you must provide a Verifiable Consumer request  

The verifiable consumer request must: 

  1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative (such as your name and last product purchased). 
  1. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use PersonalInformation provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. You may only make a verifiable consumer request for access or data portability twice within a 12-monthperiod.  

Response Timing and Format of Response  

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response bymail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with arequest, if applicable.  

For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge afee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide youwith a cost estimate before completing your request. 

Authorized Agents  

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information if you provide the authorized agent written permissionsigned by you or pursuant to a valid Power of Attorney. You may also make a verifiable consumer request on behalf of your minor child. When you use an authorized agent to submit a request, we may require you to: 

  1. Provide the authorized agent signed permission to do so.  
  1. Verify their own identity directly with the business. 
  1. Directly confirm with the business that they provided the authorized agent permission to submit the request.  

SALE OF PERSONAL INFORMATION 

We do not sell Personal Information.  

NON-DISCRIMINATION 

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

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

Exercise Your Right to Opt-Out 

We currently do not disclose or “sell” your personal information to third parties for monetary or other valuable consideration. However, in the future, unless you have exercised your Right to Opt-out, we may disclose or “sell” your personalinformation to third parties for monetary or other valuable consideration. The third parties to whom we “sell” personal information may use such information for their own purposes in accordance with their own privacy policies. 

You do not need to create an account with us to exercise your Right to Opt-out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will onlyuse personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our datasystems. 

Additionally, as is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third-party businesses to collect and discloseyour personal information (including preferences, geolocation, commercial information and internet, network and device information) directly from your browser or device through cookies or tracking technologies when you visit or interact withour websites, use our apps or otherwise engage with us. These third parties use this information for the purposes of serving ads that are more relevant to you, for ad campaign measurement and analytics, and for fraud detection and reporting.These third parties may “sell” that information to other businesses for advertising and other purposes. You can opt out from “sales” of this type of personal information by businesses that participatein the opt-out tool. To learn more about how third parties collect information through tracking technologies and what other choices you may have in relation to those activities, please see About Our Ads (HYPERLINK).  

Minors. We do not “sell” the personal information of consumers we know to be less than 18 years of age. Please contact us at hello@sundayriley.com with the subject line “California Privacy Rights Request” to inform us if you, or your minor child, are under the age of18. If you are a California resident under the age of 18 and want to remove your personal information from our publicly-displayed content, you can contact us directly at hello@sundayriley.com with the subject line “California Privacy Rights Request”; however, we may not be able to modify or deleteyour information in all circumstances. 

 “Shine the Light” disclosures. California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with uswith regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. To opt-out of having your personal information disclosed to third parties for their direct marketing purposes, pleaseclick the Do Not Sell My Info link above. 

Consumer Complaints. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. 

Notice of Financial Incentive 

We offer various financial incentives. For example, the financial incentives we may provide include: 

  • Discounts, coupons and special offers via email when you sign up for our email list, participate in a marketing promotion or sweepstakes, or create an Account. 
  • Rewards when you refer a friend who has not used our Platform before. 
  • Loyalty programs, where you earn rewards based upon your purchase history. 

In order to participate in some of these financial incentives, you may be asked to provide personal information. Participation in any financial incentive program is entirely optional and participants may withdraw from the program at any time.To opt-out of the program and forgo any ongoing incentives, you may unsubscribe from our emails (for email-based incentives), or to opt-out of ongoing loyalty or rewards program incentives that are not associated with your SRMS Account, you maysubmit a request via email to hello@sundayriley.com with thesubject line “Loyalty Opt-Out” and include the personal information you submitted and the name of the applicable program or promotion. However, to fully opt-out of rewards programs that are associated with your SRMS Account, you must close yourAccount. 

The financial incentives we offer to consumers are reasonably related to the value of the consumer’s data to our business, based on our reasonable but sole determination. We estimate the value of consumers’ personalinformation by considering the expenses incurred by the business related to the collection, storage and retention of consumers’ personal information in the context of the financial incentive program and the expenses related to the provision ofthe financial incentive. From time to time, we may provide additional terms that apply to a particular financial incentive, which will be presented to you at the time you sign up for the financial incentive. 

CHANGES TO THIS NOTICE 

We reserve the right to and may, in our sole discretion, modify or revise this Notice at any time. Such changes or updates are effective immediately after we give notice of the change or update, which we may do so by revising theEffective Date at the top of this Notice or by otherwise posting on the Site, by email, conventional mail and/or by any other means that provides reasonable notice. If you are subscribed to one of our mailings, you mustprovide us with your correct email address and make sure that email from us is not filtered from your inbox by your ISP or email software. You agree that your use of the Site, after the date such notice is posted, means that youaccept and agree to be bound by such modifications or revisions to the Notice. You agree that we shall not be liable to you for any damages that might result from any changes to this Notice, ifany

CONTACT US 

To ask questions or comment about this Notice and our privacy practices, please contact us at:  

Sunday Riley Modern Skincare, LLC 

Attn:  

4444 Westheimer Rd, Ste G305 

Houston, TX 77027 

Phone No. 346 220 1719 

Email: hello@sundayriley.com 

If you need access to this Notice in an alternative format due to having a disability, please contact us by email at hello@sundayriley.com or via phone at 346 220 1719.