PRIVACY POLICY

 

SMS PRIVACY POLICY

 

This SMS Privacy Policy (this “Privacy Policy”) describes how we at Aesthetically Pleasing”, “we”, or “us”) collect, use and disclose your personal information in connection with your use of the services to receive short message services and/or multi-media services for marketing and non-marketing purposes from us through the SMS Platform (“SMS Services”).  This Privacy Policy is strictly limited to the SMS Services described herein and does not relate to the collection or use of personal information through any of our other services. In addition, it  has no effect on and is unrelated to any other privacy policy(ies), if any, that may govern the relationship between you and us in other contexts.  Please read this Privacy Policy carefully. By enrolling in, using or accessing any of the SMS Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the SMS Services. This Privacy Policy is incorporated into our Terms of Service covering SMS Services.

 

INFORMATION COLLECTED ABOUT YOU

 

Personal information we collect about you through your use of the SMS Services may include first name, last name, mobile number, address, email address, job title, and birthday.

 

We may use cookies or similar technologies on our website or websites associated with the SMS Services to automatically collect your interactions with any URL links included in the Messages.

 

USE OF PERSONAL INFORMATION FOR SMS SERVICES

 

We use your personal information to provide you with our products and services and other relevant information.  We may also use this information to market our products and services to you, including by the SMS Services subject to your consent.

 

We may also use information collected from you and information collected from your device to send you abandoned cart reminders if you added items to your shopping cart but did not complete check out.

 

DISCLOSURE OF PERSONAL INFORMATION

 

We may use third-party service providers to assist us with providing and marketing our products and services to you, and we may disclose your information with such third parties for these purposes.

 

*  Notwithstanding anything set forth in this Privacy Policy, we do not share text message opt-in consents or related mobile telephone numbers with third parties, except with our service providers and vendors to provide the SMS Services.

 

*  Please review Data Notice for information about how they use your information.

 

We may also share your personal information if necessary to comply with any applicable law or regulation, to respond to a subpoena, search warrant or other lawful request for information we receive, in the event of a merger or sale of our company, or to otherwise protect our rights or property.

 

OPTING OUT

 

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us.

 

ELIGIBILITY

 

To receive SMS Services, you must be a resident of the United States and 18 years of age or older.

 

CHANGES TO THIS PRIVACY POLICY

 

We may update this Privacy Policy at any time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons.  Please review it frequently. By continuing to use the SMS Services after any such changes have been made, you accept and agree to the  updates to the Privacy Policy.

 

CONTACT INFORMATION

 

If you have any questions about this Privacy Policy or our privacy practices, please contact us at info@apstlmedspa.com.

 

LEGAL DISCLAIMER

 

This sample template (“Template”) relates solely to the use of the SMS Services, or to data collection and use of personal information gathered through the SMS Services, and is for informational purposes only. This Template does not constitute in any way advertising or a solicitation of legal services or legal advice. By using the Template, you acknowledge and agree to this legal disclaimer. You agree that you have read the Template with care and will modify, delete and/or add information as necessary to ensure the Template accurately reflects your business practices. You are encouraged to consult independent legal advice before relying on this Template, and to make sure that you comply with all applicable laws. In addition, your use of, access to or transmission of materials and information provided by Aesthetically Pleasing or any of the links contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship between Aesthetically Pleasing, Inc. or any of its affiliates, and you. The Template may not reflect the most current legal developments; accordingly, the Template is not promised or guaranteed to be compliant with law, correct or complete. As privacy and other applicable laws are constantly evolving, you should regularly review your terms of service and privacy policy to ensure that they are compliant with updated laws and regulations and that they accurately reflect your current business practices.

 

WE DISCLAIM, AND YOU HEREBY AGREE TO THIS DISCLAIMER AND TO ASSUME, ALL RESPONSIBILITY AND LIABILITY CONNECTED IN ANY WAY TO ANY USE OR NON-USE OF, OR RELIANCE ON, THIS TEMPLATE.

 

******************************************************************************

 

SMS TERMS OF SERVICE

 

Your use of the Aesthetically Pleasing (“Aesthetically Pleasing”, “we”, or “us”) services to receive short message services and/or multi-media services (“Messages”) for marketing and non-marketing purposes from us through the Aesthetically Pleasing platform (the “SMS Services”) is subject to these SMS Terms of Service (these “SMS Terms”). The SMS Services and our collection and use of your personal information is also subject to our SMS Privacy Policy. By enrolling to use, using or accessing the SMS Services, you accept and agree to these SMS Terms and our SMS Privacy Policy.

 

*  SMS Services Description: We may send marketing and non-marketing Messages, through the SMS Services which may include transactional Messages. Marketing Messages advertise and promote our products and services and may include promotions, specials, other marketing offers, abandoned checkout reminders and other relevant information. Transactional Messages relate to an existing or ongoing transaction and may include updates and other transaction-related information. Messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we and our third-party service providers may send you Messages regarding the foregoing topics and that such Messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for Messages sent through the SMS Services but you are responsible for any Message and data rates imposed by your mobile provider, as standard data and Message rates may apply for short Message alerts. We do not share text message opt-in consents or related mobile telephone numbers with third parties, except with our service providers and vendors to provide our SMS Services.

 

*  Eligibility: To receive SMS Services, you must be a resident of the United States and 18 years of age or older.

 

*  User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the SMS Services and you agree to receive recurring Messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You represent that any mobile phone number you provide to us is a valid mobile phone number of which you are the valid account owner or authorized user.  If you change your mobile phone number or are no longer the valid account owner or authorized user of the mobile phone number, you are responsible for notifying us immediately at info@apstlmedspa.com. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your mobile phone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Your use of the SMS Services is not required to make any purchase from us and your use of the SMS Services is completely voluntary.

 

*  User Opt-Out and Support: You may opt-out of the SMS Services at any time. If you wish to opt-out of the SMS Services and stop receiving Messages from us, or you no longer agree to these SMS Terms, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any Message from us. You may continue to receive Messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to use the SMS Services again, just opt-in as you did the first time, or text START to a Message sent by us, and we will start sending Messages to you again. For support, reply HELP to any Message from us.

 

The SMS Services may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these SMS Terms. We may also change the telephone number or short code we use to operate the SMS Services and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

 

*  Disclaimer of Warranty and Liability: The SMS Services are offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any Message or information sent through the SMS Services. To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

 

*  Modifications: We may revise, modify, amend, suspend or cancel all or any part of the SMS Services or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these SMS Terms at any time. Any such modification will take effect when it is posted to our website or websites associated with the SMS Services. You agree to review these SMS Terms periodically to ensure that you are aware of any modifications. Your continued use of the SMS Services will constitute your acceptance of those modifications or changes.

 

 

This Privacy Policy covers the collection, use, and disclosure of information that may be collected when you visit the Site and when you purchase or otherwise procure goods or services from us through the Site. Aesthetically Pleasing and all related companies are referred to as “us” or “we” and the website user and/or guest are referred to as “you,” “your,” or “user”. Please take a moment to carefully read the following to learn more about our information practices, including what type of information is gathered, how the information is used, for what purposes, to whom we disclose the information, and how we safeguard your personal information.

 

Your use of the Site is subject to your agreement to this privacy policy. If you do not agree to the terms of this privacy policy or the Site Terms-of-Service, or do not want us to collect the information generally described herein, then please do not use the Site or otherwise provide it to us. This Site provides users with access to a wide variety of information including, but not limited to, amenities, services, reservations, special offers, area and resort information, communication tools and the like. We collect your personal information to personalize your experience on the Site with your information helping us better to respond to your individual needs. Further, we are able to improve customer service by using your information more effectively to respond to your requests and support needs. Finally, on occasion, we use your information to administer contests, promotions, surveys and/or other website features. You can unsubscribe from any of our email programs by visiting the unsubscribe page or by following the instructions in relation to opting out of future emails in any email you receive from us.

 

Information We Collect and How the Information May Be Used

The Site may collect two types of information: (1) personal information you knowingly choose to disclose, and (2) website use information collected in aggregate.

 

Information you choose to disclose

Personal information is information that is personally identifiable (also known as “personally identifying information” or “PII”) to you such as your name, email address, telephone number, credit card information and possibly other information as defined by applicable law. We only gather personal information when it is voluntarily submitted by you. You are not required to disclose any personal information to visit this Site, however you may be required to disclose certain personal information before accessing or using certain features or areas of the Site. Likewise, at times we also collect personal information from you through your interactions at the site and in order to engage in certain activities at the site you may also be required to provide certain personal information.

 

The personal information you provide to us may be used to send you information and updates pertaining to your reservations, to provide services and/or products you request from us, to send post cards and to make reservations. We may also send you news, updates, related product or service information, promotions, etc. enabling us to give you convenient access to products and services that may be of interest to you. You can unsubscribe from any of our email programs by visiting the unsubscribe page, unsubscribe button, or by following the instructions in relation to opting out of future emails in any email you receive from us.

 

To the extent that our processing of your personal information is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your personal information. If you withdraw your consent to our processing of personal information, then in some cases we may not be able to provide you services.

 

We do not sell your personal information to third-parties (e.g. email list makers and the like); however, your personal information may be shared with our corporate partners. We also reserve the right to disclose your personal information for any reason if we believe that it is reasonable to do so and if your rights and freedoms do not outweigh our legitimate interests. By way of example, such sharing may include credit agencies, collection agencies, merchant database agencies, law enforcement, for litigation purposes or to satisfy laws or regulations and/or governmental or legal requests for such information. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our legal rights, policies and/or procedures. Finally we may also disclose information about you if we determine that for national security or other issues of public importance, disclosure is necessary. When your personal information is shared with others, it becomes subject to their privacy policies.

 

As indicated above, we may share your information with our corporate partners with whom we have a strategic relationship or that perform work for us to provide products and services to you on our behalf or through our website. These companies may help us process information, process credit/payment information, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. Without such information being made available, it would be difficult for you to purchase products or services, have products delivered to you, receive the services requested, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on our Site.

 

Information We Collect Through Automatic Data Collection Technologies

Also as indicated above, when you visit this Site we may automatically collect website use information about your visit. Website use information includes information such as the date and time of your visit, the pages you visited, the address of the website you came from when you came to visit this Site and the like. Generally, such automatically collected information is used to improve the functionality of the Site and its ability optimally to convey information to Site visitors.

 

Marketing Communications

Our intention is that you should only receive email communications that will be useful to you and that you want to receive, so we provide you the ability to define and modify your mailing preferences online at any time including unsubscribing from all marketing communications, offers and promotions and research surveys. You can unsubscribe from any of our email programs by visiting the unsubscribe page or by following the instructions in relation to opting out of future emails in any email you receive from us.

 

Do Not Track Technology

Currently, in order to maintain certain functionality of the Site, the Site does not comply with “do not track” browser settings and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received. As stated in this policy here and in other places, if this is not acceptable to you, then please do not use this Site.

 

 

How We Protect Your Personal Information

We take precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration and destruction.

The Site uses Secure Sockets Layer (SSL) encryption on all web pages where sensitive data is required. You must use an SSL-enabled browser in order to protect the confidentiality of your personal information while it is transmitted over the Internet.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

 

While we make reasonable efforts to ensure the integrity and security of our network and systems, we cannot and do not guarantee that our security measures will prevent third-party hackers from illegally obtaining your personal information.

 

Social Media

An App may permit you to log in from, or connect with, social media services to which you belong so that it is easy for you to share your experiences and to see the experiences of others. If you use your social media account, or use certain other social media features, we may access information about you via that social media provider in accordance with the provider’s policies. The information collected from or about you by social media networks with which you connect the App is governed by the policies of those social media networks. Depending on the privacy settings of you and your friends, we may access information that you provide to a social media provider regarding your respective locations (“Location Data”) to provide you with relevant content.

 

Cookies and Other Technologies

As is standard practice on many corporate websites, the Site uses cookies and other technologies to help us understand which parts of our web pages are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on the Site, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please note that certain features of the Site will not be available once cookies are disabled.

 

As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We will not use the information collected in this manner to market directly to you.

 

In some of our email messages we use a click-through URL linked to content on our Site. When customers click one of these URLs, they pass through our webserver before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

 

In addition, we may use pixel tags which are tiny graphic images (sometimes referred to as web beacons) to tell us what parts of our website customers have visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all of this information in a secure database.

 

Minors

The Site is not intended for children under 18 years of age. We do not seek to obtain nor do we want to obtain personal information (i.e. personally identifiable information) directly from minors. We cannot, however, always determine that the people accessing and using our site are adults. As such, should a minor (as defined by applicable law) provide to us personally-identifying information without parental consent, we request that the parent, guardian or other appropriate person contact us to help us remove the information. 

 

Data Retention

We retain your personal information for as long as you keep your account open. In some instances, we may keep it after you close your account, for example, we may keep it:

• on our backup and disaster recovery systems;

• for as long as necessary to protect our legal interests; and

• and to comply with other legal requirements.

 

California Privacy Rights

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Sites that are California residents and who provide personal information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of personal information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared your personal information with for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding such activities in 2017). You may request this information once per calendar year. To make such a request, please send an email by visiting our contact page. 

 

Residents of the European Union

Aesthetically Pleasing is based in the United States. Please be aware, in order to provide our Sites, products, and services to you, we send and store your personal information outside of the European Economic Area, including to the United States.

 

Lawful Basis for Processing

If you are in the European Union, the processing of your personal information is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for our processing of your personal information, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

 

Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under applicable data protection laws, including the right to access and update your personal information, restrict how it is used, transfer certain personal information to another controller, withdraw your consent at any time, and the right to have us erase certain personal information about you. You also have the right to complain to a supervisory authority about our processing of your personal information.

You may exercise any of the above rights by contacting us through any of the methods below and through the live chat feature of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.

You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.

 

Links to Websites of Other Companies

The Site may have links to the sites of other companies. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies by reviewing their policies or otherwise communicating with them.

 

Effective Date; Updates to Privacy Policy

We reserve the right to revise, amend, or modify this policy at any time and in any manner without notice other than that which is contained on the Site in this section. Your use of the Site and any other services provided by us after such changes are implemented constitutes your acknowledgment and acceptance of any such changes which may include retroactive application of the changes to the data you previously provided. Please consult this Privacy Policy prior to every use for any changes.

 

Request for Access to Personal Information/Questions or complaints

If after reviewing this Statement, you have any questions or privacy concerns, please send an email by visiting our contact page .