Last Updated: November 2023

INTRODUCTION

This privacy and cookie policy ("Policy") describes how Function Inc. ("Company", "we", and "our") collects, uses and shares personal data when using this website www.functionofbeauty.com (the "Site"). Please read the following information carefully to understand our views and practices regarding your personal data and how we will treat it.

PARTICULARLY IMPORTANT INFORMATION

By using the Site, you consent to such use of your information and personal data and agree to the terms of this Policy.

WHO WE ARE

For the purpose of applicable data protection legislation, the data controller of your personal data is Function Inc. of 236 Parrs Mill Road, Catawissa, PA 17820, USA.

CHANGES TO THIS POLICY

We will post any modifications or changes to the Policy on our Site. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The "Last Updated" legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email or post a notice on our Site prior to such changes(s) taking effect.

1. PURPOSES OF PROCESSING

WHY DO WE NEED YOUR PERSONAL DATA?

We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Site. If you create a profile/register with us, you will be asked to tick to agree to provide this information in order to access our services, purchase our products, view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our Site.

2. COLLECTING YOUR PERSONAL DATA

We collect information about you in the following ways:

INFORMATION YOU GIVE US

This includes:

• the personal data you provide when you register to use our Site, including your‎ name, postal address, email address, telephone number, birthday, username, password and demographic information (such as your gender);

• The personal data you provide when you sign up for and utilize our email newsletters;

• The personal data you provide when you complete surveys and respond to quizzes or otherwise provide use with comments or feedback;

• the personal data that may be contained in any comment or review you post to the Site;

• the personal data you provide in connection with our referral program, customer surveys and other promotions we run on the Site;

• the personal data you provide when you report a problem with our Site or when we provide you with customer support;

• the personal data you provide when you make a purchase through our Site; 

• the personal data you provide when you correspond with us by phone, email or otherwise;

• The personal data you provide when you use the chatbot. 

INFORMATION FROM SOCIAL NETWORKING SITES

Our Site includes interfaces that allow you to connect with social networking sites (each a "SNS"). If you connect to a SNS through our Site, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. When you interact with our accounts on a SNS, we may collect certain information that you or the platform make available to us such as Site metadata analytics, your social media account ID, your social media ‘likes’, click-throughs to our Site, or custom interactions. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.

INFORMATION WE GET FROM OTHERS

We may also get information about you from other sources, for example, if you have agreed to share information with one of our partners we may add this to information we get from our Site.

INFORMATION AUTOMATICALLY COLLECTED

We automatically log information about you and your computer or mobile device when you access our Site. For example, when visiting our Site, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We collect this information about you using cookies. Please refer to the sections on cookies and Pixel Tags below.

CHAT TECHNOLOGIES 

Chat technologies, such as those provided by BotsCrew that employ [cookies and software code] to operate the chat features that you can use to communicate with us through the Service. BotsCrew and other third parties may access and use information about webpages of our Site from which you interacted with the chat feature, IP address, general geographic information such as city/state and other personal information you share through online chats for the purposes described in this Policy. You can learn more about Chatbot at https://botscrew.com/ and https://pp.botscrew.com/privacy-policy/3015.

3. COOKIES AND SIMILAR TRACKING TECHNOLOGIES

WHAT ARE COOKIES?

Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site. In addition to cookies, we may use similar tracking technologies such as pixels. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Cookies, pixels, and other similar tracking technologies shalled be referred to interchangeably herein as “cookies.”

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site; and (2) third party cookies, which are served by service providers on our Site, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

COOKIES WE USE

Our Site uses the following types of cookies for the purposes set out below:

• ESSENTIAL COOKIES These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Site and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

• FUNCTIONALITY COOKIES These cookies allow our Site to remember choices you make when you use our Site, such as remembering your quiz responses, language preferences, remembering your login details and remembering the changes you make to other parts of our Site which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site.

• ANALYTICS AND PERFORMANCE COOKIES These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information and to monitor the level of activity on our Site. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Site works. You can find out more information about Google Analytics cookies here. You can find out more about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link.

• TARGETED AND ADVERTISING COOKIES These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites. You can disable cookies which remember your browsing habits and target advertising at you by visiting this link. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.

• SOCIAL MEDIA COOKIES These cookies are used when you share information using a social media sharing button or "like" button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook, Instagram, Snapchat or Twitter. The social network will record that you have done this.

DISABLING COOKIES 

You can disable cookies in the following ways:

• THROUGH YOUR BROWSER SETTINGS. You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the "settings", "help" "tools" or "edit" facility). Many browsers are set to accept cookies until you change your settings. 

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com/uk. If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.

5. USING YOUR PERSONAL DATA

We may use your personal data as follows:

• to operate, maintain, and improve our Site, products, and services;

• to manage your account, including to communicate with you regarding your account, if you have an account on our Site;

• to operate and administer our referral program and other promotions you participate in on our Site;

• to respond to your comments and questions and to provide customer service;

• to send information including technical notices, updates, security alerts, and support and administrative messages;

• For marketing and advertising purposes including sending email newsletter and the use of cookies and similar tracking technologies;

• with your consent, to send you marketing emails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates. You may opt-out of receiving such information at any time: such marketing emails tell you how to "opt-out". Please note, even if you opt-out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your account with us (if you have one) and our business dealings with you;

• to process payments you make via our Site;

• to link or combine user information with other personal data;

• as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others; and

• as described in the "Disclosng of your Personal Data" section below.

6. DISCLOSING YOUR PERSONAL DATA

We may disclose your personal data as follows:

• THIRD PARTIES DESIGNATED BY YOU We may disclose your personal data with third parties where you have provided your consent to do so.

• OUR VENDORS We may disclose your personal data with our third party service providers who provide services such as data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services. These vendors are only permitted to use your personal data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your personal data. We may disclose personal information with our service providers, including those who assist us with marketing, and with other trusted parties whom we believe offer products or services that may be of interest to you.

• THIRD PARTY ADVERTISERS We may disclose personal data with advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.

• CORPORATE RESTRUCTURING We may disclose personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

• OTHER DISCLOSURES We may share personal data as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.

7. AGGREGATED DATA

We may disclose de-identified, aggregate, or anonymous information for any purpose. This means that the information we share does not identify specific individuals, or is combined with other data to protect your privacy in compliance with relevant data privacy laws.

8. YOUR PRIVACY CHOICES

You have the right to exercise the following choices with our use of your personal information:

• Access the personal information we maintain about you. 

• Delete the personal information we maintain about you. 

• Correct inaccurate personal information we maintain about you

• Opt out of certain uses of your personal information, notably:

• Email marketing - unsubscribe to our email list by clicking the unsubscribe link at the bottom of marketing emails.

• Targeted advertising using third party cookies - refer to the ‘Disabling Cookies’ section above.  

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You can exercise these rights by contacting us at privacy@functionofbeauty.com.  

9. USER GENERATED CONTENT

You may share personal data with us when you submit user generated content to our Site, including via our referral program, forums, message boards and blogs on our Site. Please note that any information you post or disclose on our Site will become public information, and will be available to other users of our Site and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our Site. Such personal data and other information will not be private or confidential once it is published on our Site. If you provide feedback to us, we may use and disclose such feedback on our Site, provided we do not associate such feedback with your personal data. If you have provided your consent to do so, we may post your first and last name along with your feedback on our Site. We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.

10. U.S. STATE-SPECIFIC NOTICE

Some U.S. states have enacted comprehensive privacy laws. The California Consumer Privacy Act, as amended by the California 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”), and Oregon Consumer Privacy Act (“OCPA”) create additional privacy obligations for businesses and provide their residents with additional privacy rights.

ADDITIONAL PRIVACY RIGHTS

In addition to the rights granted above, if you are a California or Virginia resident, 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 Site 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). 

You can exercise your rights by contacting us at privacy@functionofbeauty.com. 

BUSINESS/CONTROLLER DESIGNATION

• Under the CCPA, we operate as a Business. 

• Under the VCDPA, CPA, CTDPA, UCPA, and OCPA, we operate as a Controller. 

11. UK/EEA RESIDENTS’ NOTICE  

Residents of the United Kingdom (“UK”) and European Economic Area (“EEA”) are provided certain privacy rights under the UK and EU General Data Protection Regulations (“GDPR”).

LEGAL BASIS

Under the GDPR, we process Personal Data under the following legal basis.

CONTROLLER DESIGNATION

Under the GDPR, we are designated as a ‘Controller.’

CROSS-BORDER DATA TRANSFERS

We may transfer to, and store the data we collect about you, in countries other than the country in which the data was originally collected, including the United States, Canada or other destinations outside the EEA and the UK. 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 applicable supplemental product privacy policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA and UK.

If you are located in the EEA or UK, we will only transfer your Personal Data if:

• The country to which the Personal Data will be transferred has been granted an adequacy decision; or

• We have put in place appropriate safeguards in respect of the transfer, for example we have entered into the Standard Contractual Clauses adopted by the European Commission and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by an EU supervisory authority.

ADDITIONAL RIGHTS FOR UK AND EEA RESIDENTS

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. 

12. SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 18 below. In the event of a security breach of private information, Function has measures in place to identify, assess, investigate, and report any personal data breach to both data subjects and authorities, if required, at the earliest possibility.

13. RETENTION

We will retain your personal information for as long as is necessary for the purposes set out in this 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.

14. OUR POLICY ON CHILDREN

Our Site is not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 18 below. We will delete such information from our files as soon as reasonably practicable.

15. THIRD PARTY SITES

Our Site may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.

16. CONTACT INFORMATION

We welcome your comments or questions about this Policy. You may contact us in writing at privacy@functionofbeauty.com or Function of Beauty, 236 Parrs Mill Road, Catawissa, PA 17820, USA.