Privacy policy
This Privacy Policy (this “Policy”) describes how BayCare Clinic, LLP (the "Website", "we", "us", or "our") collects, uses, and discloses your personal information when you visit or make a purchase from www.luxemedicalskincare.com (the "Website") or otherwise communicate with us regarding any LUXE Medical Grade Skincare products sold on the Website (the "Products"). For purposes of this Policy, "you" and "your" means you as the user of the Website, whether you are a customer, Website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully. By using and accessing any part of our Website, you agree to the collection, use, and disclosure of your information as described in this Policy. By accessing or using our Website you agree to this Privacy Policy.
Changes to This Privacy Policy
We may update this Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Policy on the Website, update the "Last updated" date, and take any other steps required by applicable law. It is your responsibility to be informed of any updates to this Policy. We suggest regular revisits of this Policy. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
How We Collect and Use Your Personal Information
To provide the Products, we collect personal information about you from a variety of sources as set out below. The information that we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Products, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Products, our rights, and the rights of our users or others.
What Personal Information We Collect
The types of personal information we obtain about you depends on how you interact with our Website and use our Products. When we use the term "Personal Information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Personal Information We Collect Directly from You
Personal Information that you directly submit to us through our Website may include:
· Basic contact details including your name, address, phone number, email.
· Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
· Account information including your username, password, security questions.
· Shopping information including the items you view, put in your cart or add to your wish list.
· Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Products.
Some features of the Website may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Products ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Website and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Website.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
· Companies who support our Website and Products, such as Shopify.
· Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with Products you have requested, in order to perform our contract with you.
· When you visit our Website, open or click on emails we send you, or interact with our Website or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
· Providing Products and Products. We use your Personal Information to provide you with the Products in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, to create, maintain and otherwise manage your account, and to arrange for shipping.
· Marketing and Advertising. We use your Personal Information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or Products. This may include using your personal information to better tailor the Products and advertising on our Website and other websites.
· Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Website and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
· Communicating with you. We use your personal information to provide you with customer support and improve our Products. This is in our legitimate interests in order to be responsive to you, to provide effective Products to you, and to maintain our business relationship with you.
Cookies
Like many websites, we use Cookies on our Website. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Website and our Products (including to remember your actions and preferences), to run analytics and better understand user interaction with the Products (in our legitimate interests to administer, improve and optimize the Products). We may also permit third parties and Products providers to use Cookies on our Website to better tailor the Products, products and advertising on our Website and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Website, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
How We Disclose Personal Information
In certain circumstances, we may disclose your Personal Information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
· With vendors or other third parties who perform Products on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
· With business and marketing partners, including Shopify, to provide Products and advertise to you. For example, we use Shopify to support personalized advertising with third-
party Products. Our business and marketing partners will use your Personal Information in accordance with their own privacy notices.
· When you direct, request us or otherwise consent to our disclosure of certain Personal Information to third parties, such as to ship you Products or through your use of social media widgets or login integrations, with your consent.
· With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business. For purposes of this Privacy Policy an “Affiliate” is any entity controlled by, controlling, or under common control with us.
· In connection with a business transaction such as a merger or acquisition, or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants, and similar requests), to enforce any applicable terms of service, and to protect or defend the Products, our rights, and the rights of our users or others.
Sale or Acquisition of Assets
If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, we may transfer your Personal Information and usage data.
We have, in the past 12 months disclosed the following categories of Personal Information and sensitive Personal Information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":
| Category | Categories of Recipients |
|
· Identifiers such as basic contact details and certain order and account information · Commercial information such as order information, shopping information and customer support information · Internet or other similar network activity, such as Usage Data |
· Vendors and third parties who perform Products · on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) · Business and marketing partners · Affiliates |
We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
We have “sold” and “shared” (as those terms are defined in applicable law) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities, as follows.
| Category of Personal Information | Categories of Recipients |
|
Identifiers such as basic contact details and certain order and account information Business and marketing partners |
Business and marketing partners |
|
Commercial information such as records of products or Products purchased and shopping information Business and marketing partners |
Business and marketing partners |
|
Internet or other similar network activity, such as Usage Data |
Business and marketing partners |
Third Party Websites and Links
Our Website may provide links to other websites or other online platforms operated by third parties. If you follow links to Websites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such websites, including the accuracy, completeness, or reliability of information found on these websites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Products and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on our Website.
Children’s Data
The Website is not intended to be used by children under the age of 16, and we do not knowingly collect any personal information about children. If you are under 16, do not use or provide any information on the Website through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you are the parent or guardian of a child (as used in this Policy, "parents") who has provided us with their personal information, you may contact us using the contact details set out below to require that it be corrected or deleted, and/or refuse to permit us from further collecting or using the child's information.
Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Privacy Policy for Children Under the Age of 13
The Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians about our practices for collecting, using, and disclosing personal information from children under the age of 13 ("children"). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.
This section notifies parents of:
· The types of information we may collect from children.
· How we use the information we collect.
· Our practices for disclosing that information.
· Our practices for notifying and obtaining parents' consent when we collect personal information from children, including how a parent may revoke consent.
· All operators that collect or maintain information from children through the Website.
This Policy only applies to children under the age of 13 and supplements the other provisions of this Privacy. Only the other provisions of this Policy apply to teens and adults.
Information We Collect from Children
Children can access many parts of the Website and its content and use many of its features without providing us with personal information. We use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Website.
COPAA defines personal information to include certain automatically collected information including (16 C.F.R. §312.2.):
· Persistent identifiers that can track users over time and across websites and services
· Geolocation information
· Other information that it combines with personal information
Our Practices for Disclosing Children's Information
We do not share, sell, rent, or transfer children's personal information other than as described in this section.
We may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children's personal information:
· To third parties we use to support the internal operations of our Website and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.
· If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BayCare Clinic, LLP, our customers or others, including to:
o protect the safety of a child;
o protect the safety and security of the [Website/App/Service]; or
o enable us to take precautions against liability.
· To law enforcement agencies or for an investigation related to public safety.
If BayCare Clinic, LLP, or any of its affiliates, is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the entity's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Products, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
· Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
· Right to Delete. You may have a right to request that we delete personal information we maintain about you.
· Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
· Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
· Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined inapplicable privacy laws. Please note that if you visit our Website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Website.
· Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Products or provide the goods reasonably expected by an average individual.
· Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
· Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
· Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
· Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Website or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
We use Shopify's ad Products such as Shopify Audiences to help personalize the advertising you see on third party websites. To restrict Shopify merchants that use these ad Products from using your personal information for such Products, visit https://privacy.shopify.com/en.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.
Your California Privacy Rights: California law provides that California residents have a right to request businesses to tell them how their Personal Information has been shared with or sold to third parties, if at all, for the third parties’ direct marketing purposes. You may also exercise specific opt-out data collection rights as provided by California law. To make such a request, please contact us as indicated below.
Contact
Should you have any questions about our privacy practices as described in this Policy, or if you would like to exercise any of the rights available to you, please call contact us at:
BayCare Clinic, LLP
1035 Kepler Drive
Green Bay, WI 54311
Attn: Legal Department
Email: LegalRequests@BayCareClinic.com
Last Updated: February 19, 2024