PRIVACY POLICY

Our Privacy Policy (USA)

Updated November 14, 2021

CALIFORNIA CONSUMERS: If you are a California resident and wish to exercise your rights under the California Consumer Protection Act, refer to the CCPA section of this policy.

This Privacy Policy describes how symplybyhelena.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

This policy is for customers and visitors of our Site in the United States only.  If you have any questions or concerns, please contact us by one of the options listed at the end of this notice.

This privacy policy does not cover information that you submit on third-party websites, apps, social platforms (“Platforms”) even if we communicate with you on those sites. For example, if you post something on Instagram, Facebook, Twitter or other, that information is governed by the privacy policies on those Platforms.

Our Commitment To You, Our Customer:

We are committed to building a lasting and meaningful relationship with you, our customer, and we recognize that this relationship must be built on mutual trust. This privacy policy sets forth how we collect, use and safeguard information you entrust with us. SYMPLY BY HELENA collects data to ensure that we provide you the best products, experiences and personalization possible.

How We Collect Personal Information:

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Category of Information	Purpose/Source/Disclosure	Details
Device Information	Purpose of collection	To load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
	Source of collection:	Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
	Disclosure for a business purpose	Shared with our processor, Shopify, as well as Klaviyo, our email marketing automation platform.
Order Information	Examples of Personal Information collected	Name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
	Purpose of collection	To provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
	Source of collection	Collected from you.
	Disclosure for a business purpose	Shared with our processor, Shopify, as well as Klaviyo and ShipStation, our shipping automation platform.
Customer Support Information	Examples of Personal Information collected	Name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
	Purpose of collection:	To provide customer support.
	Source of collection:	Collected from you.
	Disclosure for a business purpose:	Shared with our processor, Shopify, as well as Klaviyo.

Personal Information You Provide: 

When you create an account on our Site, make purchases with us online, share a photograph, video or product review, contact our Customer Support team, sign up to receive offers or promotional emails, register for our blog posts, we collect the information that you provide us.  This information includes personal information (information that can be used to identify you as an individual) such as your name, social media handle, email, telephone number, home address, and payment information (such as account or credit card number).  We also collect information about your skincare preference, your use of our sites, demographic, and interests so that we can customize your skincare experiences.

You may also be able to interact with our social media sites such as Instagram, Facebook, Twitter or other.  These platforms may ask your permission to share certain information with us (e.g. name, gender, profile picture) and all information is shared subject to their privacy policies.  You can control the information that we receive by changing your privacy settings offered by the relevant social media platform.

Information We Automatically Collect: 

We collect some data automatically when you use our Site.  We may obtain information by automated means such as through cookies, pixels, web server logs, web beacons, and other technologies.  Information collected via automated means include identifiers (e.g., IP address, device ID, cookie ID, mobile advertising identifier), internet or network activity (e.g., browsing and search history, interactions with our websites or applications). 

Cookies:

A cookie is a small amount of information that is downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary For The Functioning Of The Store:

Name	Function
_ab	Used in connection with access to admin.
_secure_session_id	Used in connection with navigation through a storefront.
cart	Used in connection with shopping cart.
cart_sig	Used in connection with checkout.
cart_ts	Used in connection with checkout.
checkout_token	Used in connection with checkout.
secret	Used in connection with checkout.
secure_customer_sig	Used in connection with customer login.
storefront_digest	Used in connection with customer login.
_shopify_u	Used to facilitate updating customer account information.

Reporting and Analytics:

Name	Function
_tracking_consent	Tracking preferences.
_landing_page	Track landing pages
_orig_referrer	Track landing pages
_s	Shopify analytics.
_shopify_s	Shopify analytics.
_shopify_sa_p	Shopify analytics relating to marketing & referrals.
_shopify_sa_t	Shopify analytics relating to marketing & referrals.
_shopify_y	Shopify analytics.
_y	Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as https://www.allaboutcookies.org/

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the Your Privacy Rights and Choices section below.

Our Policy Regarding Minors and Children Under 13:

If you are a minor under 18 and have a profile on our Site, you may ask us to remove reviews or other content that you posted on the site by writing to us at the address listed at the end of this notice  and providing as much detail as possible (i.e. date and caption) as to the post(s) you want removed.  Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.

Children: 

Our Site is not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. If you believe that we might have any information from or about a child under age 13, please contact us through one of the methods listed in the Contact Us section at the end of this notice.

Parental Consent: 

Minors between 13 years of age and the age of majority in their state must ask their parent or guardian for permission to use our Site.  You may only make purchases if you are 18 years of age or older, or the age of majority in your jurisdiction of residence.

Parental Participation: 

We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

How We Share Your Personal Information:

We will not sell your Personal Information to third party service providers.

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you. For example, we use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

We share information with third party service providers fulfilling services on our behalf, including:

• Service providers that host or assist with technical operation of our Site

• Information technology vendors that provide information technology services; analytics, and research vendors; fraud prevention, legal, compliance, and risk management vendors

• Order processing fulfillment vendors who process orders, transactions and payments, provide customer service, loyalty program administration, and redemption services

• Marketing and advertising vendors, social media, or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance. 

• We may also share information with third parties to help us identify your online preferences, including the ads with which you interact.  This data may be matched with information that we process about you to provide a better experience using our websites and products.

These third parties are not permitted to use Personal Information for their own independent marketing or business purposes.  We may also share non-identifying information, such as aggregate statistics or usage information, with third parties.

Categories of Personal Information Shared:

Categories of Personal Information shared include identifiers, internet or network activity, geolocation data, purchasing information, protected classifications, professional or employment-related information, audio-visual information, geolocation information, payment information, and inferences generated from the foregoing categories of information.

Legal Disclosure:

SYMPLY BY HELENA may transfer and disclose information, including your Personal Information, and any other information that we have collected, to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safegy, or security of third parties, visitors to our Site or the public.

Your Agreement To Have Your Personal Information Shared: 

In connection with advertising or our Sites, you may be asked to receive information and/or marketing offers from someone else, or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. For example, we share information (via cookies) with third party marketing and advertising networks and social media to serve you tailored and personalized advertisements when you permit the use of cookies via our cookie manager. If you agree to have your Personal Information shared with a third party, it will be subject to the privacy policy and business practices of that third party.

Selling Personal Information:

We do not sell your Personal Information.

How We Use Your Personal Information:

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Retention Of Your Personal Information:

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your Privacy Rights and Choices’ section below.

Your Privacy Rights and Choices:

You may change your preferences and unsubscribe from email services from our brand by:

• Modifying your registered user information on the Site

• Sending us an email to the email address listed in Contact Us located at the end of this notice

• Following the unsubscribe instructions in the communication that you receive

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Site. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

We will retain your Personal Information for as long as your account is active or as needed to provide you services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, contact us via one of the methods listed in Contact Us located at the end of this Privacy Notice. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

Cookies; Interest-Based Advertising And Adchoices:

If you would prefer not to accept cookies, you can manage your cookie preferences by clicking on the “Cookie Settings” button located on the bottom of the website homepage. You cannot disable essential cookies.  We use certain analytics services, such as Google Analytics, to gather information about our site visits or mobile app usage. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

You can also change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically reject any cookies. However, please be aware that some features and services on our Site may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. To learn more about cookies, please visit https://www.allaboutcookies.org/.

We use third party companies to serve advertisements, measure the performance and engagement with our ads, provide analytic, preference, and interest information. In some instances, these ad network providers, social platforms, sponsors, and/or analytics service providers may use their own tracking technology to capture information about your device, use and engagement online.

We may recognize your information across different devices that you use or log in from (i.e. computers or mobile devices.) We may recognize that one cookie ID (i.e. from a computer) may be connected to another device (i.e. smart phone) by the device ID or log in. This may result in you searching for one of our products on one device but seeing an ad later for that product on another device. By knowing what devices are being used by a person or household helps us limit the number of times you may see the same ad across different devices.  We may also combine information we collect from your devices with other information we have about you, such as your account information, services, transaction history, and interaction with our Site. 

You can opt out of receiving targeted advertising through the Network Advertising Initiative (NAI) Opt–Out Page. Options are Device-specific, so if you use multiple Devices, you should opt out on each one. You can also opt out of certain targeted advertising programs by clicking on the AdChoices icon that appears on our Site footers and may appear on our advertising. Even if you opt-out of targeted advertising, you may still see our advertisements while you are browsing, but they may not be targeted to you based on your interests.

Some social networks (i.e. Facebook), allow you to exercise ad choices, limit data collection and clear your history on that platform as well. For your convenience we have provided the links to some of the social networks:

• Facebook - https://www.facebook.com/ads/preferences/?entry_product=education_page

• Instagram -  https://www.facebook.com/ads/preferences/?entry_product=education_page

• Twitter - https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads

• Google - https://adssettings.google.com/authenticated

GDPR:

This section is not applicable since we do not operate in the European Economic Area (EEA), nor do we have customers that reside in the EEA.

CCPA:

The California Consumer Privacy Act (CCPA) provides California residents with specific rights regarding their personal information. This section describes your rights and how you can submit your request to us.  We do not sell personal information.

Access To Personal Information:

You have the right to request that we disclose information about our collection and use of your personal information over the past 12 months, including:

• Categories of personal information we collected

• Categories of sources for the personal information we collected

• Our business purpose for collecting personal information

• The categories of third parties with whom we share that personal information

• The specific personal information we collected about you

Deletion Of Personal Information:

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny a deletion request where retaining the information is necessary for us or our service providers. For example, data may need to be kept to:

• Complete a sales transaction for which we collected the personal information (such as the sale of our beauty products to you)

• Track consumer complaints or product issues

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity

• Comply with a legal obligation

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us

 Submitting A Request:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of a California resident who wishes to make a request

We may not be able to 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 is related to you.

Making a verifiable consumer request does not require you to create an account with us.  We will ask you for the email information that you used to interact with us or sign up for a loyalty, email or to make purchases along with other information you submit (such as contact information like name, address, phone number) and the information we have in our systems, to help verify your identity or authority to make the request and confirm that your information is in our system. Information provided to submit a request will only be used for request purposes.

You may designate an agent to submit requests on your behalf.  We will need the agent to provide us with your signed permission to act on your behalf.   We may also require you to verify your identity with us directly and confirm that you provided the agent permission to submit the request on your behalf.

Timing:

We will endeavor to respond to a verified consumer request within 45 days.  If we require more time, we will inform you of the reason and extension in writing.

We do not charge a fee to process or respond to a verified consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will provide an explanation and a cost estimate prior to completing the request.  You may only make a request for access or data portability twice within a 12-month period.

Non-Discrimination:

We will not discriminate against you for exercising any of your CCPA rights.

Do Not Track:

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Security Of Your Personal Information:

SYMPLY BY HELENA maintains reasonable safeguards to protect Personal Information against loss, unauthorized use, disclosure or destruction and when transferring information for processing and requires third parties providing services on our behalf to do the same. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.

Consent To Processing Of Personal Information In The United States And Other Jurisdictions:

Our Site is governed by and operated in, and in accordance with the laws of, the United States, and is intended for the enjoyment of residents of the United States.  SYMPLY BY HELENA makes no representation that the Site is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States.  By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

Changes and Policy Updates:

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact Us:
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us using the following information:
By Mail: SYMPLY BY HELENA
5610 Scotts Valley Drive, Suite B 471
Scotts Valley, CA 95066
Phone:+1 (831) 515-9689
Email: Support@symplybyhelena.com