Arcade Digital Sampling Services, Inc. d/b/a Arcade Beauty (hereafter, “Arcade Beauty”, “AB”, “we”, “our” or “us”) values the trust you have placed in us. As part of our relationship, we recognize and respect your privacy concerns.
This Privacy Notice (“Privacy Notice”) describes the types of personal information we collect on our websites, computer or mobile software applications, social media pages, HTML formatted e-mail messages, and in other ways discussed below (individually and collectively, the “Services”), how we may use that information, with whom we may share or sell it and the measures we take to protect the security of personal information. We also tell you how you can reach us to ask us to: (i) access, change or not use the personal information you have provided to us, (ii) withdraw any consent you previously provided to us, (iii) tell us to refrain from communicating with you about our products or services, and (iv) answer any legitimate questions you may have about our privacy practices.
We reserve the right to modify this Privacy Notice at any time, so please review it frequently. When we make changes, we will post them here. If we make material changes to this Privacy Notice we will place a notice on our website or we may send a notice to the e-mail address you provided to us. You may wish to check this section of our website from time to time, because your continued use of our Services will signify your acceptance of the changes to our Privacy Notice.
This Privacy Notice’s effective date is March 7, 2019.
If you are unsure whether this Privacy Notice is in conflict with the applicable local rules where you are located, you should not submit your or any other persons personally identifiably information to us. Anyone who accesses, uses or interacts with our Services who submits personally identifiably information or provides any other information does thereby affirmatively consent to: (i) the international transmission, transfer, processing and/or storage of all such information, including personally identifiably information, to a country which may be deemed to have inadequate data protection and (ii) the collection (including by Automated Interactions as such term is defined below), transmission, using, sharing and storage of such information, including personally identifiably information, as provided in this Privacy Notice.
We and/or our third party service providers may collect personal information about you in various ways, such as when you provide it on our websites, emails, through our apps and social media channels, at our events, through surveys, via text messages or on the telephone. The types of personal information we may or our third party providers may collect include:
In addition, we and our third party providers may collect certain information by automated means, such as cookies, web beacons and web server logs through your interaction with and use of the Services and non-AB websites (“Automated Interactions”). Such Information may include, but is not limited to, network routing information (where you came from), equipment information (browser type), your IP address (which may identify your general geographic location or company), date and time, unique device identifier, MAC address, clickstream information (when each AB webpage was visited and how much time was spent on the page), general geo-location data, and settings of the device you use to access the Services.
Geo-location data is collected by Arcade Beauty when it assigns a QR code to an order or request by you, and deletes that geo-tracking data within 90 days after it concludes a product and/or service campaign.
Although our and our third party providers’ use of Automated Interactions may change over time as technology evolves, the descriptions set forth in our Cookie Notice are designed to provide you with additional detail about our current approach to information collected from Automated Interactions.
By accessing and using our Services, you consent to the storage of cookies, other local storage technologies, beacons and other information on your devices. You also consent to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above and within the Cookie Notice and this Privacy Notice.
Publically Available and Other Sources: We also may obtain information you have made publicly or lawfully available, such as, via third-party social networking services when you choose to connect with those services, or information provided by third party sources, such as marketing opt-in lists, or data aggregators. Please note that we may combine this information with other information that we collect about you and use and share it as described in the Privacy Notice.
We also may collect other information about you, your device, or your use of the Services in ways that we describe to you at the point of collection or otherwise with your consent.
Arcade Beauty and its third party service providers may use the information we collect from you for the following purposes:
We also may use the information in other ways for which we provide specific notice at the time of collection and/or where you have given us your express permission.
In addition, we may use non-personally identifiable information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat non-personally identifiable information as personal information under applicable law, then we will only use it in the same way that we are permitted to use and disclose personal information.
We do not sell or otherwise disclose personal information about you, except as described in the Privacy Notice. We may share the personal information you provide to us with other affiliated companies doing business as “Arcade Beauty” and our and their respective parents and our and their respective subsidiaries worldwide (collectively, “Arcade Beauty Group”), licensees and joint venture partners for the purposes described in this Privacy Notice. In addition, unless you object by notifying us [email protected], to the extent permitted by law, we may share information about you with other third parties for those parties’ own purposes, such as to offer products or services that may interest you.
We also may share the information with our service providers who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that fulfill orders, and provide web hosting, analytics and marketing services. These service providers may combine data we provide to them or allow them to collect from or about you with data they collect in connection with other websites, applications or services to measure the effectiveness of our advertising and determine how you use our Services.
We and all other members of the Arcade Beauty Group may also share, sell and transfer aggregated, anonymized information for any purpose, except where applicable law requires otherwise.
You may be able to sign up using an opt in key word to receive communications through your mobile device by submitting your mobile telephone number online or by texting us. If you sign up for mobile communications, you must first agree to our SMS Terms which require you to be at least 16 years of age or older and expressly consent to receive non-marketing and marketing text messages (“Text Message(s)”) from us and others texting on our behalf, including text messages made with automated dialing systems, at the telephone number(s) that you provide. You may not consent to receive Text Messages on behalf of someone else or provide someone else’s phone number. Consent is not a condition of purchase.
Our Text Messages are intended to provide you with information about upcoming deliveries and our and our customers’ products and services (e.g., order confirmations/rejections, shipping updates, sponsored events, promotions, digital sample campaigns, feedback requests, sweepstakes, and contests). We may obtain the date, time and content of your messages in the course of your use of Text Messages. We will use the information we obtain in connection with our Text Messages in accordance with this Privacy Notice.
It is your responsibility to notify us in the event that you disconnect your mobile number or change carriers. You may opt out of receiving these communications by sending a text message with the word “STOP” to applicable short code (i.e., the short code from which its Text Messages are being sent). We do not charge you to unsubscribe. Depending on the terms of your mobile phone contract, you may incur charges for receiving and sending Text Messages on your mobile device. We are not responsible for these charges. Message and data rates may apply to each text message sent or received in connection with our Text Messages. Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. Message frequency varies per digital sampling campaign, not to exceed 7 per digital sampling campaign. For help text “HELP” to the applicable short code (i.e., the short code from which its Text Messages are being sent). Our Text Messages are not available on all wireless carriers and wireless carrier participation could change. You may consult with your wireless carrier to see if it participates. The wireless carriers are not liable for delayed or undelivered messages.
We offer you certain choices in connection with the personal information we collect about you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists, exercise your rights or submit a request, please contact us as indicated in the “How to Contact Us” section of this Privacy Notice. You can also unsubscribe from our electronic marketing mailing lists by emailing [email protected]. Please understand that it may take us time to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, to stop receiving promotional messages from third parties who already have your contact information, please contact them directly. You may in most cases opt out of receiving push notifications by going to your devices “Settings” and clicking on “Notifications,” and then changing those settings for some or all of the apps on that device. (Different device configurations, or updates to devices, may affect or change how these settings work.) Your choice to opt out of “Notifications” from the Platform will not affect notifications sent by any other organization. To the extent provided by the law, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below. Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will use our commercially reasonable efforts to apply your preferences going forward.
We may collect information about your online activities on our Services to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. Please see the section of our Cookie Notice which provides details and explains how to exercise your choices.
When you use our Services, both we and certain third parties (such as our advertising networks, digital advertising partners and social media platforms) may collect personal information about your online activities, over time and across third-party websites. Please see the section of our Cookie Notice which provides details and explains how our Services respond to DNT signals or similar mechanisms from browsers.
Our Services may contain links to third-party websites, products, and services (“Linked Site(s)”). Our products and services may also use or offer products or services from third parties – for example, a third-party app (“Third Party Product(s)”). Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. We and all other members of the Arcade Beauty Group are not responsible for the content of any Third Party Product or Linked Site, any use of Third Party Products or Linked Sites, or the privacy practices of Third Party Products or Linked Sites.
While we endeavor to protect the security and integrity of personal information collected via the Services, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our or our third party providers’ systems, servers or otherwise in our or their care, will be absolutely safe, including from intrusion by others, such as hackers. If you correspond with us by e-mail, text message, or using Web forms like a “contact us” feature on our Services, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We and all other members of the Arcade Beauty Group will have no liability for disclosure of your information due to errors or unauthorized acts of third parties. If we believe that the security of your personal information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
We may offer some of our products and services or authorized branding on or through other websites, apps and platforms. Information, including personally identifiably information, that you provide to those websites, apps and platforms may be sent to us in order to deliver our products and services or collected and used by us as described in this Privacy Notice. We process, use, share and secure such information under this Privacy Notice. The affiliated websites, apps and platforms through which our products and services and authorized branding are offered may have different privacy practices and we encourage you to read their privacy policies. We and all other members of the Arcade Beauty Group have no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites, apps and platforms.
Our Services are not directed to children under the age of sixteen and we do not knowingly collect personal information from children under the age of sixteen on the Services. If we become aware that we have inadvertently received personal information from a visitor under the age of sixteen on our Services, we will take steps to delete the information as soon as possible; provided that such access is not unreasonably burdensome or expensive under the circumstances. We recommend that prospective users between the ages of 16 and 17 ask their parents or other legal guardians for permission before sending any information about themselves to anyone over the Internet. In addition, we reserve the right to limit participation in particular programs or promotions to visitors eighteen (18) years of age or older.
Effective Date: June 2020
Last Reviewed: June 2020
This Privacy Notice for California Residents supplements the information contained in the Privacy Notice of Arcade Digital Sampling Services, Inc. d/b/a Arcade Beauty (hereafter, “Arcade Beauty”, “AB”, “we”, “our” or “us”) applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include:
In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:
|A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, 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 information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.
|Age (40 years or older), 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 childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|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.
|Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.
|Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||NO|
|G. Geolocation data.
|Physical location or movements.||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.||NO|
|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.||NO|
|K. Inferences drawn from other personal information.
|Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
We obtain the categories of personal information listed above from the following categories of sources:
We may use or disclose the personal information we collect for one or more of the following purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We may disclose your personal information to a third party for a business purpose or sell your personal information as defined under the CCPA, subject to your right to opt-out of those sales (see Personal Information Sales/Shares Opt-Out and Opt-In Rights, below). When we disclose or sell personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
Disclosures and/or Sales of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed/or sold the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial information.
Category G: Geolocation data.
We disclose/sell your personal information for a business purpose to the following categories of third parties:
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.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
Deletion Request Rights
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 (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, you must (a) provide the agent with signed permission to make the request, and provide that permission to us; (b) directly verify your identity; and (c) directly confirm that this individual is your authorized agent.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
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.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales/Shares Opt-Out and Opt-In Rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail 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 a request, 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 a fee 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 you with a cost estimate before completing your request.
Personal Information Sales/Shares Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales/shares at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by:
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales/shares. However, you may change your mind and opt back in to personal information sales/shares at any time by:
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected], call (212-603-5695) or write us at: 1740 Broadway, Suite 14A, New York, NY 10019.
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the website and update the notice’s effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
Email: [email protected]
Attn: [CONTACT NAME/DEPARTMENT]
[[OTHER CONTACT METHOD]: [CONTACT INSTRUCTIONS]]
If you have any questions or comments about this Privacy Notice or if you would like us to update information we have about you or your preferences, please contact us at [email protected] or calling (212-603-5695).
1740 Broadway #14A
New York, NY 10019