PRIVACY POLICY

The Information We Collect

The information we collect about you depends on the Services you use, how you use them, and the information you provide to us. We collect information in three main ways: (1) information you provide directly to us; (2) information we collect automatically through technology when you use the Services; and (3) information we collect from other sources.

Information you provide directly to us

When you use our Services, you may provide certain information to us. For example, we collect information directly from you when you place an order and purchase from us; create or use a Nymbus account; register your product; post comments, photos, or videos to the Services; participate in Nymbus surveys, research, or contests; or communicate and interact with us.

The categories of information we collect directly from you include:

• Contact and account information, such as your full name, address, telephone number, email address, and login credentials.
• Financial and transactional information, such as credit card information, items in your online shopping cart, and purchase and transaction history. Note, your credit card information is processed by our payment processor; we do not collect this information.
• Customer service interaction information, such as messages submitted to us through online forms or email, and summaries or voice or video recordings of interactions with our customer service personnel.
• User-generated content, which may include demographic information such as your gender, age, and zip code; images and audio, such as photos and videos you provide to us; and any information you post on the Services.
• Information you provide in connection with surveys and sweepstakes, such as your interests, preferences, demographic data (e.g., gender), photos and videos, and information needed for you to participate and for us to fulfill your prize or participation incentives (if any).
• Other information, with your consent, where required or permitted by law, or when you choose to provide other information directly to us. For example, we may collect information when you fill out a form or provide a product review or otherwise communicate with us.

Information we collect automatically through technology when you use the Services

When you use our Services, we may automatically collect certain information using a variety of third-party technologies, including cookies and similar tools. Please refer to the “Online analytics and advertising” section below for more information about cookies.

Some of the information we automatically collect when you use our Services includes:

• Information about the device you use to access the Services, such as your IP address, MAC address, browser language, unique device identifiers, the state or country from which you accessed the Services, operating system, Internet connection type and service provider, Wi-Fi network, software and hardware attributes (including device IDs, operating system, and browser type), and general location information inferred from your IP address.
• Information about how you use the Services, including referring and exit URLs, the links you click and files you download, time spent in different portions of the Services, the date and time you accessed the Services, error logs, number of installs and downloads, and other similar information.

You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

We may receive information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties to help us supplement our records.

We may de-identify information we collect so the information cannot reasonably identify you or your device, or we may collect information that is already in de-identified form. Our use and disclosure of de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and disclose it to others for any purpose, without limitation.

Online analytics and advertising

As you use our websites and applications, we and our service providers collect a variety of information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above.

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Services. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services on our behalf. If you’d like to opt out of Google Analytics, please use the Google Analytics Opt-Out Browser Add-on located here: https://tools.google.com/dlpage/gaoptout

Nymbus strives to provide you with relevant, tailored advertising regarding our Services. To do this, we work with various online analytics and advertising partners, such as Google, Snapchat, Shopify, and others to: (1) better understand the use of our Services so that we can improve our Services; and (2) deliver Nymbus advertisements that are more tailored to you both on our Services and on third-party Services.

To engage in these activities, our partners may place cookies, pixel tags and similar technologies on many online services, including ours. They use these technologies to collect information about your activities on across different online services to deliver you more relevant advertising. For example, they may use the information they collect from their cookies on our Services to identify Nymbus products and services you might be interested in and to recognize your device so they can show you relevant Nymbus advertisements while you are using another online service. Additionally, we sometimes provide basic information we collect (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies, mobile ad identifiers, and other proprietary IDs, to provide you with more relevant ads when you visit other online services.

We do not have access to, and this Privacy Policy does not govern, the use of cookies or other tracking technologies that may be placed on devices you use to access our Services by non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your devices to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs. You can also manage cookies through your browser settings.

Please note that these opt-outs apply per browser and per device, so you will have to opt out for each device—and each browser on each device—through which you access our Services.

How we use your information

Nymbus may use the information we collect in the following ways:

• To provide the services you have requested, such as complete a purchase, create and administer your account, provide subscriptions, or offer customer support.
• To communicate with you, for example, keeping you posted on purchases, shipments, product updates, and changes to our terms, conditions, and policies.
• For marketing and advertising purposes, including providing you with the latest product announcements, promotions, and information about upcoming events.
• To personalize your experience and customize the Services, such as delivering relevant content, recommending products and other offerings through our Services, and remembering your preferences.
• To improve our Services, including bug detection and error reporting, to understand how users interact with our Services and advertisements, improve usability and effectiveness of our products, perform research and analytics, and to test and create new products, features, and services.
• For our business operations, including maintaining your account, and for security, fraud prevention, and legal compliance, such as detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.
• Other purposes for which we seek your consent. We may also use your information for a specific purpose that we communicate to you. We will ask for your consent to process your information for such purpose in accordance with applicable legal requirements.

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your information. Our legal bases for processing your information as described in this Privacy Policy are as follows:

• Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our website terms of service.
• Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to provide security for our Services, operate our business and our Services, make and receive payments, defend our legal rights, and prevent fraud.
• Where we use your information to comply with applicable legal obligations. For example, keeping track of purchases for tax and auditing purposes.
• Where you have consented to our processing of your information for a particular purpose.

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

How we disclose your information

Nymbus may disclose your information in the following ways:

• Affiliated entities. We may disclose information within the Nymbus family of companies to deliver the Services, operate our business, and enhance our Services and your customer experience.
• Service providers. We use select third-party vendors to help us provide our Services and operate our business, and we may provide access to or disclose your information to these vendors. They provide a variety of services to us, including customer service, payment processing, fulfillment and shipping, marketing, analytics, product design and development, data hosting and storage, security, fraud prevention, research, and legal services. These service providers are permitted to access and use your information for purposes of performing services for Nymbus or to comply with applicable legal requirements.
• Online advertising partners As discussed in the Online advertising section above, we may disclose certain information about you with our online advertising partners to assist in our online advertising and measurement activities.
• Protection of Nymbus and others. We may disclose the information we collect about you if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process (for example, a subpoena or court order); (b) enforce our terms of service or sale, this Privacy Policy, or other contracts with you, including investigation of potential violations; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Nymbus or others.
• Business transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, including in contemplation of such transactions, your information may be among the transferred assets. If a portion or all of Nymbus’s assets are transferred to a third party in these circumstances, we may disclose your information as part of the transaction.

Your feedback and submitted content. Please note that if you choose to submit video or other content to Nymbus, we may publish it on the Services along with certain information about you, e.g., your first and last name or your username, provided that you have given us permission to do so. Moreover, if you submit a user testimonial, we may publish your testimonial on the Services. Our processing/disclosure of feedback and submitted content will be in accordance with our Terms of Service and any additional terms provided to you at the point of submission.

Co-Branded Websites. At times Nymbus will partner with third party websites in a co-branded relationship, where a co-branded web page(s) is used to promote Nymbus products, services, photos, or videos. These web pages may be designed to look and feel just like our site, but are actually hosted on a different domain. When we enter into co-branded partnerships we may at times disclose your name and email address in order for Nymbus to communicate with you about Nymbus related promotions, news, and updates via tools provided by our third party co-branded partner website. Information collected on third party co-branded webpages may not be covered under our Privacy Policy. All information collected on third party co-branded websites is owned and controlled by that website’s privacy policy. Please be sure to read the privacy policy of any website that asks you to submit information.

Children’s privacy

Our Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as possible.

Security and retention of your information

We are committed to protecting your information. We use a variety of technical, physical, and organizational security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of information. However, no security measures are perfect or impenetrable. As such, we cannot guarantee the security of your information.

If you register to create a Nymbus account, it’s important that you select a strong password and do not disclose it to others. Alert us immediately if you have any concerns about unauthorized use of your account. If you have any concerns about the security of your account, please contact us using the contact information below.

We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Privacy Policy. We will delete or de-identify information when it is no longer needed to fulfill these purposes unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.

Your rights and choices

We provide you with the ability to exercise certain controls and choices regarding our collection, use, and disclosure of your information. Depending on the laws in your jurisdiction of residence, you may request us to:

• Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
• Provide you access to and/or a copy of certain personal information we hold about you.
• Correct or update personal information we hold about you.
• Delete certain personal information we have about you.
• Provide you with information about the financial incentives that we offer to you, if any.
• Restrict or object to certain uses of your information.
• Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.

You may also have the right to opt out of "sales" of your information and "sharing/use of your information for targeted advertising" as described below in the section, “Sale/Targeted advertising opt out rights.”

As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our Services to you. We may also ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.

To make a request, please email us at support@lashcosmetics.co or call us at 800-328-8347.

Under the laws in certain US jurisdictions, you also have the right to opt out of our processing or sharing of your information for online targeted advertising purposes. Note that certain state laws also allow you to opt out of the “sale” of your information to third parties in exchange for valuable consideration. We may use analytics and online advertising tools that result in the disclosure of your information to our third-party partners and that are subject to this opt out right.

If you would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered "sales" for those third parties' own commercial purposes, or "sharing" for purposes of targeted advertising, please follow the instructions in the “Online analytics and advertising” section above. Please note that you will need to exercise your choice on each browser and each device you use to access the Services. Also, if you have certain settings selected in your browser (including pop-up blockers) you may need to re-configure those settings to adjust your settings. Please note that we do not knowingly sell the personal information of minors under 16 years of age.

In accordance with applicable law, we may send you marketing communications regarding our Services or the services of third parties that we believe will be interesting to you. You may opt out of receiving these communications from us at any time by following the unsubscribe instructions included in each communication or by contacting us using the information in the “Contact Information” section below.

Please understand that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with certain administrative or transactions emails regarding updates to our Privacy Policy or other terms, or your account, activities, transactions and communications with us.

Additional privacy information for California residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about:

• the purpose for which we use each category of “personal information” (as defined in the CCPA) we collect; and
• the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information.

Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across distinct online services, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. We “share” information with our advertising partners to provide more relevant and tailored advertising to you regarding our Services. Moreover, our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” under the CCPA.

The following chart provides a detailed overview of these practices:

For more information about each category, purpose of use, and the third parties to which we disclose information, please see the “Information we collect,” “How we use your information,” and “How we disclose your information” sections above.

Your Choices Regarding “Sharing” and “Selling.” You have the right to opt out of Nymbus’s sale/sharing of your personal information for purposes of online analytics and advertising by following the instructions in the “Online advertising and analytics” section above.

Other CCPA and California rights.

Financial incentives. If we offer any financial incentives in exchange for your personal information (e.g., discount coupons in exchange for your email address), we will provide you with appropriate information about such incentives so that you can make an informed decision as to whether to participate.

Right to Limit. The CCPA allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.

Personal Information rights. Please see the “Your rights and choices” section of our Privacy Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

Retention of Your Personal Information. Please see the “Security and retention of your information” section above.

Do Not Track (“DNT”). DNT is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Except as otherwise described herein with respect to legally required browser-based opt outs, we do not recognize or respond to browser-initiated DNT signals, as there is no industry-wide framework for DNT signals. Learn more about Do Not Track.

Information for international users

We operate globally and may transfer, store, and/or process your information to or with other entities within the Nymbus family of companies or other third parties such as trusted service providers and partners in locations around the world (including the United States) for the purposes described in this Privacy Policy. Wherever your information is transferred, stored or processed by us, we take appropriate steps to protect your information in accordance with this Privacy Policy and applicable laws. By providing us with your information, you acknowledge any such transfer, storage, or processing.

If you have any concerns or complaints about our data processing activities, we urge you to first try to resolve such issues directly with us. However, if applicable, you may make a complaint to the data protection supervisory authority in the country where you are based, or seek a remedy through local courts if you believe your rights have been breached.

Links to external content

Our Services may link or direct you to other websites, services or external content provided by third parties. We do not exercise any control over these third-party websites or services. We are not responsible for the privacy practices of such third-party websites or services. We recommend that you read the privacy policy for any third-party website that you visit or service that you use.

Changes to our Privacy Policy

From time to time we may change or update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. You should review the Privacy Policy periodically, and you can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of the document. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. If we make material changes to the Policy, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective, in accordance with applicable legal requirements.

Contact information

If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at support@lashcosmetics.co call us at 800-328-8347.