Privacy Policy

Effective Date: 06/27/2023

This Privacy Notice (this "Notice") describes the types of information that Esōes Cosmetics, Inc. ("Esōes," "we," "us," or "our") collects through your use of Esōes' website (and the service(s) provided through our website), https://esoescosmetics.com/ (the "Site"). This Notice does not apply to information collected about you through any other means.

This Notice covers:

• What Personal Information is collected by Esōes through the Site.
• How Esōes uses this Personal Information.
• With whom Esōes may share Personal Information.
• What choices are available to you with respect to the collection, use and sharing of your Personal Information.
• What types of security procedures are in place to protect against the loss or misuse of your Personal Information under our control.

By accessing or using the Site, you consent to our use of your Personal Information as described in this Notice.

Esōes may collect two types of information from you when you visit the Site: Personal Information and Non-Personal Information (collectively "Information").

• "Personal Information" refers to data by which you may be personally identified, such as your name, email address, physical address, and telephone number.
• "Non-Personal Information" means data that is about you, but that does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store information about your visit that does not identify you personally.

A. Information We Collect
Esōes collects Information as part of its business operations, to provide and/or deliver products or services to you, to respond to requests and to offer customer support, and to fulfill legal and contractual obligations. You provide some of this Information directly, such as when you register for an account on the Site, order products through the Site, or contact customer support. We also collect Information through your interaction with Esōes and our Site, including by way example, using embedded product technologies and cookies. We may also obtain Information from third parties.

1 . Information You Provide to Us Voluntarily
We may collect Personal Information from you when you submit forms, register as a user, upload information or content, or request information through the Site. If you do not want us to collect this information, please do not provide it. We directly collect the following types of information that you provide to us:

• Identifying information. We may collect Personal Information, including your name, email address, phone number, credit card information, and mailing address.
• User generated content. When you provide comments or feedback or make submissions of content or information using the Site, including video or images, we may collect that content and associate it with you.
• Customer service interactions. To ensure the quality of your interactions with our personnel, we may monitor, document and retain communications between you and our personnel.

If you submit any personal information about other people to us or to our service providers, you are responsible for making sure that you have the authority to do so and to allow us to use their personal information in accordance with this Notice (for example, by your asking for their consent).

2. Information Collected Automatically as You Navigate Through the Site during the Time in Which You use the Site
We collect information about how you interact with the Site through the use of cookies, pixel tags, and similar technologies. Please view our separate Cookies Notice for more information on our use of cookies and similar technologies and how you can manage cookies.

3. Information That We Obtain from Third Parties
We may obtain Information through partners, vendors, suppliers and other third parties. The parties from whom we may obtain Information are typically corporate enterprises and they may be located in any of the locations in which we do business. These enterprises largely fall into the following categories: advertising and marketing companies, data set and information vendors, public database providers, social media platforms, partners, providers of products or services, or research partners.

We take steps to confirm that Information we receive from these third parties has been collected with your consent or that these parties are otherwise legally permitted to disclose your Information to us. We might also obtain information through a partner, or co-create datasets with a partner, as part of our business operations. This kind of data is used for work like improving our Site, creating new products or services, enhancing existing products or services, and developing new Site capabilities and features. In some cases we combine Personal Information about individuals that we receive from multiple sources, including directly collected from you or through your use of the Site.

 

B. How We Use the Information We Collect
We may use Information collected from or about you for any of the following purposes:

• For Functionality and Development of the Site.We use Information to provide, offer, and personalize the Site and to provide our products to you. Some information, like your IP address, is used to communicate with your device to provide network connectivity, measure usage levels of the Site, diagnose server problems and provide security features. Other business purposes that depend on use of your Information include data analysis related to testing, modifying, improving or developing new products, services and technologies, and to identify trends. We use cookies to make the Site operate, work more efficiently, and provide analytic information. Technologies similar to cookies, such as pixel tags are also used in connection with the Site. For more information on our use of cookies and similar technologies, please read our Cookies Notice.
• For Customer Support, Site Updating and Reporting.Certain Site functionality may use Information to provide Esōes with updates and reports, and to check that the Site is working properly. Update functions may automatically check your system to see whether files need to be refreshed, updated, or modernized, in order to provide you with the up-to-date security, versions, features, options and controls associated with your systems or devices. We rely on Information to analyze performance and improve and maintain the Site. We also rely on Personal Information you provide to us to provide you with customer support for the Site and for our products or services generally.
• For Business Operations.We use Information to operate our business; for example, to perform accounting, auditing, billing, reconciliation, and collection activities. Other business purposes that depend on use of your Personal Information include crime or fraud monitoring and prevention, protecting our legal rights, and performing contractual obligations. We also use Personal Information to contact you to advertise, market and sell our products or services to you in accordance with your communications preferences.
• To Communicate.We use Personal Information to communicate with you. This includes to send messages; to provide our products to you; to respond to customer service requests; to provide alerts such as security updates or changes in our policies; and to send marketing or informational materials like newsletters, in accordance with your communication preferences. We occasionally conduct surveys, or do focused research or studies which may require you to voluntarily share Personal Information in order to participate. These activities typically have additional notices that provide more information about the use of your Personal Information and to which you may be asked to consent.
• For Advertising and Marketing.We may use Personal Information collected from you, combined with information about what advertisements you viewed and other information we collect, to enable us to provide personalized content and to study the effectiveness of advertising and marketing campaigns. You may choose whether to allow or deny uses or sharing of your device's location by changing your device settings, but if you choose to deny such uses or sharing, we may not be able to provide you with certain personalized content on the Site.
• For Statistical Purposes to Improve the Site. We may compile Site statistics into traffic reports, which help Esōes understand, anticipate, and respond to user needs. This Information helps us create a better overall experience for Site users.

C. How Esōes Protects Your Information
We use reasonable and appropriate administrative, technical and organizational security measures to protect your Personal Information against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use or disclosure. We require our suppliers and vendors to apply similar protections when they access or use Personal Information that we share with them. Users of the Site must also do their part in protecting the data, systems, networks, and service they are utilizing. No technology, data transmission or system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that your password to any Esōes account has been compromised), please immediately notify us by contacting us using the instructions in the "How to Contact Us" section below.

 

D. How We Share Your Information with Third Parties
We may share the Personal Information for a variety of purposes in order to provide the Site and to provide our products or services to you, including through our affiliates, service providers, and business partners. When we share your Personal Information with third party companies, we put in place appropriate measures to limit the use of your Personal Information only for legal and authorized purposes that are consistent with this Notice, as well as appropriate confidentiality and security measures.

 

The following further describes how we share your Information with third parties:

 

1. Third Parties Who Provide Services or Information Through the Site
We may share your Personal Information with third parties who provide third party products or services or information through the Site. Such third parties may use the information to fulfill product or service orders, develop and improve their products or services, and contact you about product or service orders, future products or services, or their company in general.

 

2. Service Providers
We may share your Personal Information with our third party vendors, suppliers and other service providers who provide services to us or on our behalf, such as operating and supporting the Site, performing marketing or consulting services, assisting us with the preparation and mailing of our business and marketing communications, and with processing and fulfillment functions. Examples of such third parties include website developers, hosting service providers, and auditors.

We use a third party payment processor, Shopify, to handle payment transactions. You can read about Shopify's privacy practices in the Shopify privacy notice accessible at the following link: https://www.shopify.com/legal/privacy/customers .

 

3. Third-Party Analytics Providers
We may share Personal Information with our advertising and analytics partners, such as Google Analytics. The privacy policies of these third party companies apply to their collection, use and disclosure of your information. These third parties may combine your information with the information of other consumers for purposes of conducting studies and/or analytics.

 

4. Our Affiliates
We may share some or all of your Information with our subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Notice with regard to their use of your Personal Information.

 

5. For Advertising and Marketing
We may share your Information with third party companies to prepare and deliver advertising and marketing content, to provide content services and to enable them to provide you with more personalized ads and to study the effectiveness of our campaigns.

In particular, we use third party companies to communicate regarding goods and services that may be of interest to you, in accordance with your preferences. You may receive this content by a variety of means such as email, phone or when you access and use the Site, and other websites. Content may be based on information obtained, for example, through prior purchases or transactions, through your device's physical location, through information about what advertisements and content you have viewed, or through cookies and similar technologies relating to your access to and use of the Site and other websites.

Please read our Cookies Notice for more information. You can choose whether to allow or deny uses and/or sharing of your device's location by changing your device settings, but if you choose to deny such uses or sharing, you may not be able to access or use applicable aspects or features of the Site and/or associated content.

Esōes does not share your Personal Information with non-affiliated third parties for their own advertising or marketing use without your permission.

 

6. Transfer or Assignment in Connection with Business Transfers or Bankruptcy
In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user Information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your Information to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred Information will be subject to this Notice. However, any Information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

 

7. Response to Subpoenas or Court Orders, or Protection of Our Rights
We may disclose your Information to government authorities or third parties if:

• you have given us permission to share your Information;
• we are required to do so by law, or in response to a subpoena or court order;
• we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights, or those of third parties, or the public at large; or
• we believe that you have abused the Site by using the Site to attack or gain unauthorized access to a system or to engage in spamming, or in any other manner that violates applicable laws or any applicable terms of use.

 

8. Aggregate Information
We may share aggregated or de-identified information without restriction.

 

E. How Long We Retain Your Information
We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements and for other purposes described in this Notice. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances you can ask us to delete your data: see the "Your Legal Rights" section below for further information.

In some circumstances we will anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you and without your prior permission or consent.

 

F. Your Legal Rights
Esōes respects your rights in how your Personal Information is used and shared. You may request access or corrections to your Personal Information and make choices about the kinds of marketing materials you receive from Esōes (or choose not to receive marketing communications from Esōes at all).

1. Access, Correction to or Deletion of Your Information
If you would like to correct or update your Personal Information, or to request access to or deletion of your Personal Information, you may contact us by visiting the Site or by using the contact details provided under the "How to Contact Us" section below. If you request a change to or deletion of your Personal Information, please note that we may still need to retain certain information for recordkeeping purposes, and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Some of your Personal Information may also remain within our systems and other records where necessary for compliance with applicable law.

2. Advertising and Marketing Choices
We give you many choices regarding our use and disclosure of your Personal Information for advertising and marketing purposes. You may access or update your contact details and modify your communication preferences by using one of the methods provided under the "How to Contact Us"section below. Please also note that if you choose not to receive marketing communications from us, we may still send you communications related to our products or services or the Site, such as information about a security update, service issue or product delivery. Some advertising content is delivered through the Site's use of cookies and similar technologies. Our Cookies Notice includes more information on Esōes' use of such technologies and how you can manage or decline their use.

 

G. California's Shine the Light Law
California Civil Code Section 1798.83, known as the "Shine The Light" law, permits any users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.

 

H. Children's Privacy
We do not knowingly collect Personal Information from children under the age of 13 without verifiable parental consent. If we become aware that a Site visitor under the age of 13 has submitted Personal Information without verifiable parental consent, we will remove his or her information from our files.

 

I. Use of Information Outside Your Country of Residence
The Site is directed to users located in the United States. If you are located outside of the United States and choose to use the Site or provide your information to us, you should be aware that we may transfer your information to the United States (or to another jurisdiction) and process it there. The privacy laws in the United States (or the other jurisdiction) may not be as protective as those in your jurisdiction.

Whenever Esōes transfers Personal Information beyond the country of origin, we will do so in accordance with applicable laws and will process Personal Information in a way that meets the commitments of this Notice and complies with the laws of the jurisdiction to where it is transferred.

 

J. Do Not Track
Some browsers incorporate a "Do Not Track" ("DNT") feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals.

K. Links to Other Websites and Services
We are not responsible for the practices employed by websites or services linked to or from the Site, including the information or content contained therein. This Notice does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not operating on Esōes' behalf, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure. This includes: (i) any third party operating any site or service to which the Site links - the inclusion of a link on the Site does not imply endorsement of the linked site or service by us or by our affiliates; or (ii) any app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer (such as Facebook, Apple, Google, Microsoft, LinkedIn, etc.) - including any Personal Information you disclose to other organizations through or in connection with the Site.

 

L. Changes to This Privacy Notice
We may change this Notice from time to time. If we decide to make a material change to this Notice, we will post it on this page. Your continued use of the Site after the posting of changes to this Notice will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your Information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your Personal Information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.

 

M. How to Contact Us
To ask questions about this Notice and our privacy practices, contact us at hello@esoescosmetics.com or by mail at:

 

Esōes Cosmetics, Inc.
840 S. Rancho Dr., Suite 4-870
Las Vegas, Nevada 89106A
ATTN: Legal Department