Privacy Policy

Last Updated: March 13, 2024

Dr. Melissa Nash Beauty & Cosmetics (“we,” “us,” or “our”) provides this Privacy Policy (“Privacy Policy”) to describe the information we collect, how we use it, and when and with whom we share it. This Privacy Policy applies to this website (www.drnashbeauty.com) (the “Website”), other websites, and online services we provide, and to personal information collected offline, such as through a purchase of our products or subscription to our mailing lists or newsletters (collectively the “Services”). By accessing or using the Services, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use the Services.

1. THE PERSONAL INFORMATION WE COLLECT

We collect information about you when you use our Services. The types of information we collect depends on the services and the features you use. Please note that we need certain types of information to provide the Services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Services.

Information You Provide Directly to Us: We may collect information that you provide directly to us through: 

• Your use of our Service, e.g. when you register for an account or make a purchase.
• Your reviews of our products.
• Your subscription to newsletters.
• Your registration for promotions.
• Your requests for support and/or technical assistance.
• Your transmission of user content or other information to us.
• Any other communications you have with us. 

The information you provide directly to us may concern you or others and may include, but is not limited to: 

• Account and Purchase Information: We may collect information from you when you sign up for an account or make a purchase with us. That information may include, among other things, your full name, mailing address, email addresses, age, username, password, phone numbers, and other information you provide.
• Payment and Financial Information: We, or our service providers, may collect payment information from you, such as payment card number, expiration date, billing address, and payment account name.
• Content and Other Information You Provide to Us: We collect additional content and information that you voluntarily provide us, such as content you submit when you use the ‘Find My Shade’ service, when you contact us via the Service or by e-mail.
  

Information from Affiliates and Non-Affiliated Third Parties:

• We may collect information about you or others through our affiliates or through non-affiliated third parties. For example, we may communicate with you on platforms operated by third party social media platforms and collect feedback. We may combine information that we collect from you through the Services with information that we obtain from such third parties and information derived from other products or services we may provide.
• When you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

Information We Collect Automatically Device/Usage Information:

• We and third-parties, which include ad networks and analytics companies such as Google Analytics, may use cookies, web beacons, and other tracking technologies to collect information about the computers or devices you use to access the Services. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. 
• We may also automatically collect metadata for your use of our Services. We may track when and how frequently you access or use the Services, including how you engage with or navigate our website. We use this information (including the information collected by our third-party service providers) for analytics (including to determine which portions of the Services are used most frequently and what our users like/do not like), to assist in determining relevant advertising (both our advertising and third-party advertising), to evaluate the success of our advertising campaigns, and as otherwise described in this Privacy Policy. 

We collect photos that you provide in order to deliver personalized product recommendations through the ‘Find My Shade’ service. Dr. Melissa Nash Beauty & Cosmetics does not share your photos with any third parties, nor use your photos for any purpose other than to provide you with a product recommendation. Submitted photos are deleted from our system within forty-five (45) days following receipt during business hours. By submitting your photos through the ‘Find My Shade’ service, you consent to our use for this commercial purpose, and waive any potential causes of action under applicable biometric privacy laws.

2. HOW WE USE THE INFORMATION WE COLLECT

We use your information for business and commercial purposes, such as:

• To provide you with the Services, including;
  • to register you for an account.
  • to process your transactions and fulfill your orders.
  • to provide you with personalized recommendations using the ‘Find My Shade’ service.
• To respond to your questions or inquiries, including to provide support and troubleshooting assistance.
• To communicate with you, including to communicate with you about your account, inquiries, our company, and related news, as well as to send you promotional emails, surveys, newsletters, or notifications.
• To manage and remember your preferences and customize the Services.
• To analyze and improve the Services or any other products and service we may provide.
• To administer surveys, sweepstakes, promotions, or contests.
• For advertising and marketing, such as to provide you with recommendations for products or Services that may interest you.
• To verify your identity.
• To comply with our legal obligations or as permitted by law.
• To protect the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Services.
• To prevent fraud and enforce our legal terms.
• To administer and troubleshoot the Services.
• Otherwise, with your consent.

We may combine information that we collect from you through the Services with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or services we may provide.  We may aggregate and/or de-identify information collected through the Services. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

3. HOW WE DISCLOSE YOUR INFORMATION

We may disclose your personal information for the following reasons:

• Affiliates, Subsidiaries, and Partners. We may disclose information with our corporate parent company, affiliates, or subsidiaries.
• Service Providers. We may disclose information with third parties that help us operate our business and provide the Services. These companies operate within a specific set of instructions, or otherwise for our benefit and not for their own marketing or derivative use purposes. For example:
  • We use Attentive for text messaging services, and you may review the associated SMS Messaging Privacy Notice here. 
  • We use Okendo for compiling our product reviews. You may review their privacy practices by visiting the Okendo privacy policy.
  • We use Gorgias for automated website customer support (aka; ‘chatbot’). You may review their privacy practices by visiting the Gorgias privacy policy.
• Third Party Advertising Services. We may disclose your information to third parties in order for them to provide us with marketing and advertising services, but not for their own independent uses. See the ‘Cookies’ section below for more information on these disclosures. 
• Other Parties When Required by Law or as Necessary to Protect Our Users and the Services. We may disclose information when we believe that doing so is necessary to enforce our Terms of Service, to protect, enforce, or defend the legal rights, privacy, safety, or property of Dr. Melissa Nash Beauty & Cosmetics, our employees or agents or users, or to comply with 
• Business Transfers. We may transfer the information we hold in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, dissolution or liquidation) or take steps in anticipation of such a transaction.
• Aggregated or De-Identified Information. We may disclose aggregated or de-identified data without restriction.
• Otherwise with Your Consent or at Your Direction. In addition to the disclosures described in this Privacy Policy, we may disclose information about you with third parties whenever you consent to or direct such sharing.

4. YOUR PRIVACY CHOICES

You have the right to:

• Access the personal information we maintain about you. 
• Delete the personal information we maintain about you. 
• Correct the inaccurate personal information we maintain about you. 
• Opt out of certain uses of your personal information.
  
  • Marketing Emails: To opt out of marketing e-mail communications, you may click the ‘unsubscribe’ link in the marketing emails.
  • Marketing Text Messages: To opt out of marketing text messages, you must reply ‘STOP’ to the text message. Send 'STOP' to 859-08, and you will be unsubscribed from messaging. 
  • Tailored advertising using third-party cookies: Refer to the ‘Cookies’ section below for more information. 

You can exercise these rights by contacting us at askdrnash@drnashbeauty.com.

5. USE OF COOKIES AND TRACKING TECHNOLOGIES

Like many companies, we use cookies, pixels, web beacons, and other tracking technologies to collect information about your browsing activities, your interactions with our websites or emails, and to serve tailored ads on Dr. Melissa Nash Beauty & Cosmetics behalf. There are a number of ways to opt out of having your online activity and device data collected through these Services for our advertising purposes, which we summarize below:

• Blocking Cookies In Your Browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Advertising Industry Opt-Out Tools. You can also use these opt-out options to limit use of your information for interest-based advertising online or in apps by visiting http://optout.aboutads.info for U.S. residents, and https://www.youronlinechoices.eu/ for EU/UK residents. 
• With Each of Our Vendors Individually. The following advertising or marketing service partners offer opt-out features that let you opt-out of use of your information for interest-based advertising or profiling:

Analytics or Messaging Cookies

Shopify Analytics

Shopify Privacy Policy

Klaviyo

Klaviyo Privacy Policy

Attentive

Attentive Privacy Policy

Advertising Cookies

Tatari

Tatari Privacy Policy

Beeswax

Beeswax Privacy Policy

Xandr (Appnexus) 

Xandr Privacy Center 

Bing (Microsoft)

Microsoft Privacy Policy

Google

Google Advertising Opt Out

Reddit

Reddit Privacy Settings

Facebook

Facebook Advertising Preferences

TikTok

TikTok Privacy Policy

Pinterest

Pinterest Privacy Policy

Please note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

6. RETENTION

We will retain your personal information for as long as is necessary for the purposes set out in this Privacy Policy or internal policies. The criteria we use to determine retention periods for each category of personal information is based on the type of personal information, contractual requirements, or with regards to product or service maintenance and improvements. We will also retain and use personal information as necessary to comply with our legal obligations, resolve disputes and enforce our legal agreements and policies.

7. SECURITY

We implement security measures to protect your information. It is important that you protect and maintain the security of your account credentials and you need to immediately notify us of any unauthorized use of your account. Please understand that no data transmission over the Internet, or method of electronic storage, can be guaranteed to be 100% secure. Consequently, while we strive to protect your information, we cannot guarantee its absolute security.

8. U.S. STATE-SPECIFIC NOTICE

Some U.S. states have enacted comprehensive privacy laws. The Illinois Consumer Privacy Act, as amended by the Illinois Privacy Rights Act or “CPRA” (collectively, the “CCPA”), the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), Utah Consumer Privacy Act (“UCPA”), Oregon Consumer Privacy Act (“OCPA”), Texas Data Privacy and Security Act (“TXDPSA”), and the Montana Consumer Data Privacy Act (“MTCDPA”) create additional privacy obligations for businesses and provide Californians and Virginians with additional privacy rights.

Additional Privacy Rights:

In addition to the rights granted above, if you are a resident of California, Virginia, Colorado, Connecticut, Utah, Oregon, Texas, or Montana, you have the right to:

• Opt out of the “sale or share” of your personal information for advertising purposes. We do not ‘sell’ or ‘share’ your personal information for monetary benefit. However, some third party cookies placed on our website may be considered a ‘sale or share’ as used for our ‘targeted’ or ‘cross-contextual’ advertising campaigns under California or Virginia law. You may opt out of such cookies as detailed in ‘Use Of Cookies And Tracking Technologies’ section (above). 
• Sensitive Personal Information. For California consumers, businesses must provide the right to limit the use of sensitive personal information. For Virginia consumers, businesses must obtain prior opt-in consent to collecting or using sensitive personal information. The photos you upload to our website for the ‘Find My Shade’ feature may constitute sensitive personal information. By uploading a photo, you consent to our use of your images and content as described herein. You can revoke your consent and limit our use of your content by contacting us at askdrnash@drnashbeauty.com. 

You can exercise these rights by contacting us at askdrnash@drnashbeauty.com or via the ‘Your Privacy Choices’ webform. 

Appeal:

If we deny your privacy request, you may appeal that decision by emailing us at askdrnash@drnashbeauty.com. If you are still unsatisfied with our response, you have the right to file a complaint with your state attorney general.

Business/Controller Designation:

Dr. Melissa Nash Beauty & Cosmetics operates as a ‘Controller’ (and a ‘Business’ under the CCPA).

9. UK/EEA RESIDENTS NOTICE

The European Union (“EU”) and the United Kingdom (“UK”) have each enacted privacy laws. The EU’s and the UK’s General Data Protection Regulation and other relevant data protection laws (collectively, the “GDPR”) create additional privacy obligations for ‘Controllers’ of personal data and provide residents of the European Economic Aread (“EEA”) and UK with additional privacy rights.

Legal Basis:

Under the GDPR, we process personal data under the following legal bases.

Processing Activity

Legal Basis under GDPR

Placement of cookies on our Website 

Consent

Improving our Services

Legitimate Interest

Product, marketing, or Services-related communications 

Legitimate Interest

Fulfillment of orders or customer support 

Contract Fulfillment 

Controller Designation:

Under the GDPR, we are designated as a ‘Controller.’ A list of our subprocessors is available to our enterprise customers on-demand. 

Cross-Border Data Transfers:

All Dr. Melissa Nash Beauty & Cosmetics data is stored in the United States. As such, if you are a resident of the EEA, UK, or Switzerland, we may transfer to, and store the data we collect about you, to countries other than the country in which the data was originally collected, including the United States. Those countries may not have equivalent data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA, UK, and Switzerland. We rely on Standard Contractual Clauses (“SCCs”) for the transfer of personal data to countries that have not received an applicable adequacy decision, as well as the UK’s ‘International Data Transfer Addendum’ to the SCCs.

• For more information on cross-border transfers of your Personal Data or the appropriate safeguards in place, please contact us at askdrnash@drnashbeauty.com.  

Additional Rights for UK or European Economic Area Residents:

Under the GDPR, we are designated as a ‘Controller.’ A list of our subprocessors is available to our enterprise customers on-demand. 

In addition to the rights granted above, if you are a UK or EEA resident, the GDPR grants you the right to lodge a complaint against us with your local data protection authority. You can find your data protection authority at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

10. CHILDREN’S PRIVACY

The European Union (“EU”) and the United Kingdom (“UK”) have each enacted privacy laws. The EU’s and the UK’s General Data Protection Regulation and other relevant data protection laws (collectively, the “GDPR”) create additional privacy obligations for ‘Controllers’ of personal data and provide residents of the European Economic Aread (“EEA”) and UK with additional privacy rights.

11. THIRD-PARTY WEBSITES

The Services may link to third-party websites from companies other than Dr. Melissa Nash Beauty & Cosmetics, such as to relevant online resources, our partners’ websites, payment processors, and other third-party websites. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly. We are not responsible for the actions of third parties.

12. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will post the updated Privacy Policy on this page with a ‘Last Updated’ in advance of the effective date of the revisions. By continuing to use the Services, you are agreeing to be bound by any changes or revisions made to this Privacy Policy.

13. CHANGES TO PERSONAL INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information on our privacy practices, please contact us at askdrnash@drnashbeauty.com or by mail at:

Dr. Melissa Nash Beauty & Cosmetics [Re: Privacy Compliance Officer] 1111 S Lincoln Ave. Suite 377, Ofallon, IL. 62269