JAFRA Cosmetics International, Inc. a company incorporated under the laws of the State of Delaware, U.S.A. (referred to herein as "JAFRA," "we," "us" and "our"), understands the importance of the privacy of individuals (referred to as "users" and "you") who visit and use our websites, or purchase JAFRA products online. This Security and Privacy Statement (the "Statement") outlines the information JAFRA collects through www.JAFRAusa.com (the "JAFRA WEBSITE"), and how JAFRA will use that information. This Statement represents the sole, authorized statement of JAFRA's practices with respect to the collection of information through the JAFRA WEBSITE and JAFRA's use of such information. By using the JAFRA WEBSITE, you agree to this Statement. If you do not agree to this Statement, please do not use the JAFRA WEBSITE.
This Statement applies solely to JAFRA's collection of information through the JAFRA WEBSITE and JAFRA's use and disclosure of such information
The JAFRA WEBSITE is not intended to subject JAFRA to the laws or jurisdiction of any state, country or territory other than those of the United States. JAFRA makes no representation or warranty that any JAFRA WEBSITE, in whole or in part, is appropriate or available for use in other locations. Those who choose to access the JAFRA WEBSITE from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
THE INFORMATION COLLECTED.
We collect two basic types of information through the JAFRA WEBSITE: Personally Identifiable Information and Non-Personally Identifiable Information. "Personally Identifiable Information" (or "PII") is information that identifies you as an individual - for example, your name, address, telephone number, email address, credit card information, billing address and shipping information. "Non-Personally Identifiable Information" (or "Non-PII") is demographic information, IP addresses and other information that does not reveal your specific identity.
PERSONALLY IDENTIFIABLE INFORMATION (PII).
You do not have to provide PII to access the JAFRA WEBSITE. However, in order for you to take advantage of particular opportunities provided through the JAFRA WEBSITE (for example, to register for an account with JAFRA or to make a purchase through a JAFRA WEBSITE, we may require that you furnish us with PII through the JAFRA WEBSITE. JAFRA will collect PII from you through the JAFRA WEBSITE only when you provide it to us voluntarily.
NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII).
When you visit and interact with the JAFRA WEBSITE, we and our third party and affiliated service providers who provide certain services (including without limitation website hosting, data analysis, newsletter services, order fulfillment, and other services of an administrative nature) (such third party and affiliated service providers, our "Service Providers") may collect Non-PII (for example, a list of the JAFRA WEBSITE pages you visit). Non-PII is generally collected from four different sources: cookies, and information that you voluntarily provide.
HOW WE USE THE PII WE COLLECTED?
We may use the PII we collect in the following ways:
a.) RESPONDING TO YOUR INQUIRIES AND FULFILLING YOUR REQUESTS.
We may use your PII to respond to your inquiries to JAFRA and to fulfill your requests - for example, to send you newsletters that you request when you sign up to join our mailing lists, to send you updates or to provide your PII to JAFRA Independent Consultants. We may use your PII to send you information about items that may be of interest to you.
b.) SENDING ADMINISTRATIVE EMAILS.
From time to time, at our sole discretion, we may use your PII to send you emails (a) to confirm your registration with the JAFRA WEBSITE, (b) to confirm a transaction through the JAFRA WEBSITE, (c) to inform you that we have received your PII, (d) to provide you with information regarding the JAFRA WEBSITE, or (e) to inform you of changes to this Statement, our Terms and Conditions, or our other terms, conditions, or policies ("Administrative Emails").
TO WHOM THE PII IS DISCLOSED
We may disclose the PII we collect in the following ways:
a.) DISCLOSURE TO THIRD PARTIES FOR DIRECT MARKETING PURPOSES.
We may disclose your PII to third parties for their direct marketing purposes only when you affirmatively consent to such disclosure. For example:
Disclosing your PII to JAFRA Independent Consultants:
If you wish to order products through a JAFRA Independent Consultant or to otherwise interact with a JAFRA Independent Consultant, JAFRA may need to provide your PII to such JAFRA Independent Consultant. If you place an order through a JAFRA Independent Consultant's online store; or if you elect to have a JAFRA Independent Consultant deliver products to you, we may disclose your PII to such JAFRA Independent Consultant.
DISCLOSING JAFRA INDEPENDENT CONSULTANT INFORMATION.
If you are a JAFRA Independent Consultant, we may disclose certain PII (for example, your name, email address, telephone number and other contact information) and other information to current and potential JAFRA customers who are seeking the assistance of a JAFRA Independent Consultant, to customers who are or who become attached to you, and to other JAFRA Independent Consultants (for example, if you are a "downline" JAFRA Independent Consultant, we may make your PII and other information about you available to your upline).
b.) ENABLING SERVICE PROVIDERS TO PROVIDE SERVICES.
We may share your PII with Service Providers for the purpose of enabling them to provide services. Although we seek to require our Service Providers to treat PII confidentially, JAFRA is not responsible or liable for the statements, acts or omissions of such Service Providers.
c.) FACILITATING "FORWARD TO A FRIEND" FUNCTIONALITY.
If you wish to use a JAFRA website's functionality to send a friend a link to an JAFRA WEBSITE page, you must provide us with your name and email address, as well as your friend's name and email address, so that we may facilitate your sending of such link. Your name and your email address will be disclosed to your friend in such email.
d.) BUSINESS TRANSFERS.
We reserve the right to transfer any and all PII and Non-PII that we collect from users of the JAFRA WEBSITE to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of JAFRA's assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
e.) OTHER DISCLOSURES.
Finally, notwithstanding any other provision of this Statement or the Terms and Conditions to the contrary, we reserve the right to disclose and use your PII if we believe that we are required to do so: (a) by law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency's request; (d) to enforce the Terms and Conditions or our other terms, conditions, or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of JAFRA, you or others; and/or (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
HOW WE USE AND DISCLOSE THE NON-PII COLLECTED?
Because Non-PII does not personally identify you, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.
COLLECTION, USE AND DISCLOSURE OF INFORMATION BY THIRD PARTIES.
NOTE THAT THIS STATEMENT DOES NOT ADDRESS THE PRIVACY PRACTICES OR POLICIES OF THIRD PARTIES, INCLUDING JAFRA INDEPENDENT CONSULTANTS.
Without limiting the foregoing:
JAFRA INDEPENDENT CONSULTANTS.
This Statement does not apply to the collection, use or disclosure of information by JAFRA Independent Consultants, who are independent third party contractors of JAFRA and are not otherwise affiliated with JAFRA. For example, this Statement does not apply to: (a) the use or disclosure by JAFRA Independent Consultants of information JAFRA provides them to enable them to fulfill your orders; (b) the use or disclosure of information collected, stored or processed by JAFRA Independent Consultants through the JAFRA WEBSITE; or (c) any communication between you and a JAFRA Independent Consultant, either directly (for example, through your personal email) or through or in connection with an JAFRA WEBSITE or the use or disclosure of any information exchanged through such communication. Although we seek to ensure that JAFRA Independent Consultants honor customers' and contacts' opt-out requests, treat customer information confidentially and act in accordance with applicable law, we are not responsible or liable for the statements, acts or omissions of JAFRA Independent Consultants.
OPERATORS OF THIRD PARTY SITES AND SERVICES.
The JAFRA WEBSITE may contain links to websites operated by third parties, or may embed services operated by third parties ("Third Party Sites/Services"), and those third parties may have privacy practices that are different from ours. If you provide information through any Third Party Site/Service, such information will be collected by, and may be used and disclosed by such third parties, in accordance with the privacy practices and policies of such third parties. JAFRA WEBSITE users should consult such third parties' privacy policies when using Third Party Sites/Services, as we have no control over the use or disclosure of information by third parties.
We are aware of concerns regarding the privacy and confidentiality of PII. We have put in place certain physical, electronic and managerial procedures to help us safeguard against unauthorized access to PII and to help maintain data security. For example, we use an encryption technology called Secure Sockets Layer (SSL) to help protect the transmission of certain information to and from the JAFRA WEBSITE. Unfortunately, no data transmission over the Internet or data storage solution will be 100% secure. As a result, although we take steps to protect your PII, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our Service Providers' systems.
OPTING OUT OF CERTAIN JAFRA COMMUNICATIONS.
If you would prefer not to receive email messages from JAFRA about new products, specials and other items of interest, you may opt out from receiving such messages by following the "unsubscribe" instructions contained in any such emails you have received, or, if you have registered with an JAFRA WEBSITE, you may use that JAFRA WEBSITE's "modify account information" or similar functionality to opt out from receiving such messages.
Please note that we are not able to remove your PII from the databases and other records of JAFRA Independent Consultants and other third parties with which we have already shared your PII pursuant to this Statement. If you wish to cease receiving marketing messages from such a JAFRA Independent Consultant or other third party, please contact such JAFRA Independent Consultant or other third party directly.
The JAFRA WEBSITE is not directed to individuals under the age of thirteen (13), and we request that such individuals not provide personally identifiable information, or PII, through the JAFRA WEBSITE.
If you have any questions regarding this Statement, please contact us by email at JAFRAcares@jafra.com Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
CHANGES TO THIS STATEMENT.
We reserve the right to change this Statement without prior notice. Any changes to this Statement will become effective upon posting of the revised Statement on the Internet, accessible through the JAFRA WEBSITE. Your continued use of the JAFRA WEBSITE following the posting of changes to our Statement will signify your acceptance of those changes.