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oVertone® Privacy Policy

Last updated April 3rd 2019

oVertone Haircare, Inc. (“oVertone,” “we” or “us”) knows that you care about the information we collect from you and how that information is used and shared, and this Privacy Policy describes our practices. This Privacy Policy applies to information we collect when you interact with us online, via the oVertone website, www.overtone.co (our “Website”), email, chat, or other electronic messages, or otherwise interact with us as described below. It does not apply to information collected by any third party (including our affiliates and subsidiaries), including through any application or content (such as advertising) that may link to or be accessible from or on this Website. By interacting with us online, you are accepting the practices described in this Privacy Policy. If you do not agree with our policies and practices, your choice is not to interact with us online. This policy may change from time to time (see What About Changes to this Privacy Policy). Your continued interaction with us online after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

1) What Information About Customers Does oVertone Gather?

The information we learn from customers helps us personalize and continually improve your oVertone experience. Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our Website or give us in any other way, which might include your name, email address, shipping address, billing address, phone number, product preferences, demographic information (e.g., gender, age range), and social media information (e.g., username, profile picture). In some cases, we may also collect information you provide about others, such as when you decide to purchase and ship products to someone. We will use such information to fulfill your requests and will not send marketing communications to your contacts unless they separately opt in to receive communications from us. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.

Surveys & Contests: From time to time our Website requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (e.g., email address, shipping address) and demographic information (e.g., gender, age range).

Information We Collect Automatically: We automatically collect and store certain types of information whenever you interact with our Website, emails, or advertisements and other content served by or on behalf of oVertone on other websites. Like many websites, we and our service providers may use cookies, web beacons, and other technologies to collect such information, which may include but is not limited to the type of browser/device/hardware you use, access times, pages viewed, your IP address, any referring links through which you access our Website, the contents of your Shopping Cart, and product purchase or return information. For more information about cookies and how to disable them, see How Are Cookies Used?

Information from Other Sources: We might receive information about you from other sources and add it to information we collect about you.

2) How Are Cookies Used?

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide personalized advertisements on other websites and storage of items in your Shopping Cart between visits.

Most web browsers are set to accept cookies by default. If you prefer, you can usually prevent your browser from accepting new cookies, have the browser notify you when you receive a new cookie, or disable cookies altogether through the browser’s Help feature. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. For more information about disabling Flash cookies, see http://www.adobe.com/products/flashplayer/security. Because cookies allow you to take advantage of some of our Website’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not be able to add items to your Shopping Cart, proceed to Checkout, or use any oVertone products and services that require you to sign in to your online account. For more information about cookies, see What About Social Media Platforms and Plugins?

3) How Does oVertone Respond to Do Not Track Signals?

Many web browsers support Do Not Track technology, which allows you to automatically transmit a Do Not Track signal or preference to websites you visit indicating that you do not wish to be tracked. We do not currently respond to Do Not Track browser settings or signals on our Website. For more information about “Do Not Track,” please visit https://www.allaboutdnt.com.

4) How Does oVertone Use the Information It Receives?

We may use information about you for various purposes, including, but not limited to, the following:

  • Presenting our Website and its contents to you;
  • Providing you with information, products, or services that you request from us;
  • Processing transactions and sending you related information, including confirmations and receipts;
  • Managing your account(s) and sending you updates, security alerts, and support and administrative messages;
  • Communicating with you via social media platforms;
  • Personalizing your online experience and providing advertisements, content, or features that match your profile and interests;
  • Monitoring and analyzing trends, usage, and activities;
  • Administering sweepstakes, contests, promotions, and surveys;
  • Legal compliance (e.g., assisting law enforcement and responding to legal/regulatory inquiries);
  • In any other way we may describe when you provide the information; and
  • For any other purpose with your consent.

We may also use your information to communicate with you about products, services, offers, promotions, rewards, and events that may be of interest to you. If you prefer to opt out of such communications, you can do so at any time by following the instructions provided in those communications or through the methods described under How Do I Contact oVertone?.

5) How Does oVertone Share the Information It Receives?

We share customer information as described below.

Aggregated or De-Identified Information: We may disclose aggregated information about our customers, and information that does not identify any individual, without restriction.

Affiliated Businesses: We may work closely with affiliates of oVertone that follow practices at least as protective as those described in this Privacy Policy.

Third-Party Service Providers: We also may employ other companies and individuals to perform functions on our behalf. Examples might include fulfilling orders, delivering packages, sending postal mail and email, administering sweepstakes, analyzing data, web hosting, processing credit card payments, and providing customer service. We provide such third parties with access to personal information needed to perform their functions, but we do not authorize them to use it for other purposes.

Business Transfers: As we continue to develop our business, we might sell or otherwise transfer certain of our assets. In such transactions, customer information generally is one of the transferred business assets, and you agree that your information may be transferred in these circumstances; however, information about you remains subject to the promises made in any pre-existing Privacy Policy (unless you consent otherwise).

Protection of oVertone and Others: We release account and other personal information when we believe release is appropriate to comply with the law, to enforce or apply our Terms of Use and other agreements, to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or disposal of all or part of our business or assets, or to protect the rights, property, or safety of oVertone, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

With Your Consent: We may also share information about you in other ways and for other purposes, with your consent.

6) How Secure Is Information About Me?

We use industry standard practices to protect your personal information, including use of Secure Sockets Layer (SSL) software, which encrypts information you input on our Website.

Unfortunately, no website, database, or system is completely secure, and we cannot guarantee the security of your personal information. It is important for you to protect against unauthorized access to your account and to your computer. 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. Be sure to sign out of your account when you are finished using a shared computer. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.

7)What Should I Know About Third-Party Advertisers and Links to Other Websites?

Our Website might include third-party advertising and links to other websites. When you click on links on our Website, they may direct you away from our Website. We are not responsible for the privacy practices of other websites and encourage you to read their privacy policies.

What About Social Media Platforms and Plugins?

We may interact with you on multiple social media platforms (e.g., Instagram, Twitter, Snapchat, Facebook). If you contact us or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Privacy Policy as well as the privacy policy of the social media platform you use.

Plugins and Apps: Our Website includes social media plugins, such as the Facebook Like button and Twitter widget. These plugins may be hosted by a third party and may use cookies or other tracking technologies to collect information about you such as your IP address and which page you’re visiting on our Website. Your interactions with those plugins are governed by the privacy policies of the companies that provide them. In addition, we may enable certain third-party apps to optimize the performance of the Website and our own business processes and operations. These third-party apps may have access to certain data you provide to us or that is collected about you or your use of the Website. A list of these third-party apps is provided below under Third-Party Apps, Data Collection, and Automated Decision Making, including the data that apps collect, the purpose for which the data is collected, and whether the app includes automated decision-making functionality.

Advertisements: We may display targeted advertisements to you through social media platforms. See the policies of each social media platform for additional information about these types of ads.

What Options Do I Have Related to Information About Me?

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Online Account Information

You may update, correct, or deactivate your online account at any time by logging into your account and navigating to the “My Account” page. If you choose to deactivate your online account, please note that we may retain certain information about you for legitimate business purposes or as required by law.

Promotional Communications

If you do not wish to receive promotional communications from us, you can opt out of such communications at any time by following the instructions provided in those communications or contacting us through the methods described under How Do I Contact oVertone?. Unless otherwise provided by law (such as the General Data Protection Regulation that applies to European users of the Website), this opt out does not apply to information provided to us as a result of a product purchase, product service experience, or other transactions.

Cookies

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. For more information see How Are Cookies Used? If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible to you or not function properly.

European Users

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise any of these rights, please contact us through the methods described under How Do I Contact oVertone?.

Additionally, if you are a European resident, please note that we are processing your personal information to fulfill contracts we might have with you (for example, if you use the Website or place an order through the Website) or otherwise to pursue our legitimate business interests related to those contracts or to your use of the Website. Please also note that your personal information may be transferred outside of Europe, including to Canada and the United States. It is our understanding that the third-party data transferring services and data storage services that we use comply with the EU-US Privacy Shield framework. When you place an order through the Website, we will maintain your order information for our records unless and until you ask us to delete this information.

Are Children Allowed to Use oVertone?

If you are under 18, you may use oVertone only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child's parent or guardian. If we learn we have collected or received personal information from a child under the age of 13 without verification of consent of the child’s parent or guardian, we will delete that information. We do not sell products for purchase by children and any children's products we sell are for purchase by adults only.

What About Changes to this Privacy Policy?

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our Website. If we make changes to this policy, we will notify you that it has been updated by revising the date at the top of this policy, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. In some cases, we may provide you with additional notice (such as adding a statement to the homepage of our Website or sending you an email notification).

What About the Terms of Use?

If you choose to visit our Website, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of Colorado.

Your California Privacy Rights

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes. Please note that we are only required to respond to a customer request once during any calendar year, and only if we are covered by such California Civil Code section. If you are a California resident and would like to make such a request, contact us via one of the means described under How Do I Contact oVertone?. Please be aware that not all information sharing is covered by this California law and only information sharing that is covered will be included in our response. We reserve the right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Third-Party Apps, Data Collection, and Automated Decision Making

We use the third-party apps listed below to operate the Website and our business. The list below summarizes the data that the apps collect or have access to and the purpose for collecting or accessing such data. We recommend that you review the privacy policy of each of the apps listed below for more detail on how each app handles the data it collects. In general, the type of personal information and data to which many of the apps have access include, where applicable: names, email addresses, phone numbers, physical addresses, geolocations, IP addresses, browser user agents, product selections, script tags, and transaction and order fulfillment information.

The list below also indicates the apps that we believe include automated decision-making functionality, meaning an app that uses an automatic algorithm to decide whether a user is eligible for certain services or offers, should be charged a particular price, or is likely to be interested in certain goods or services.

Google AdSense: Provides advertising services for our Website (collects cookies).

Google Ads Conversion Tracking: Connects data from advertisements to use of our Website (collects cookies).

Google Analytics: Analyzes use, trends, and traffic on our Website (collects cookies).

Criteo: Provides advertising services for our Website (collects cookies).

KISSmetrics: Provides marketing analytics on use of our Website (collects cookies).

LiveChat Widget, by LiveChat, Inc.: Integrates live chat functionality into our Website (collects cookies).

mLab, by ObjectLabs Corporation: Provides hosting and backend services for our Website.

Heroku: Provides hosting services for our Website.

Twilio: Provides phone number management and communications services for our Website.

Shopify and Shopify Flow: Provides us with Shopify automation capabilities for e-commerce. The app includes automated decision-making functionality, such as to prevent risk and fraud by merchants, to help merchants avoid fraudulent transactions from their customers, to personalize merchants’ experience when they use the Shopify admin and app store, and to determine eligibility for certain Shopify services (like Shopify Capital).

Avalara AvaTax: Provides us with tax automation capabilities based on Shopify e-commerce data.

DeepMine: Analyzes Shopify sales data to help improve our products and services.

Conversio: Accesses Shopify data to communicate with our customers regarding orders they have placed or products in which they may be interested.

Okendo: Provides feedback functionality for customers to review products they purchase from us.

Gorgias: Facilitates direct customer communication and help desk functionality regarding our products and services.

Happy Checkout: Allows us to customize order checkout confirmations for customers on our Website.

Facebook: Facilitates targeted advertising on customers’ Facebook accounts.

New Engen: Helps us customize and improve our advertisements, for instance by using Shopify data for targeted advertisements on Facebook.

Olapic: Accesses Shopify data to provide user-generated content management services.

Covet.Pics / Space Squirrel: Accesses Shopify data to provide user-generated content management services.

Rewind: Backs up Shopify data to enhance security and redundancy.

Smile.io: Provides us with functionality to administer customer loyalty, referral, and rewards programs.

Bold Commerce: Facilitates fulfillment of customers’ subscription orders.

Adwords Robot: Enables accurate information in our advertisements and in search engine results related to our products.

Shoplink QB: Performs accounting functions based on Shopify e-commerce data.

Impact Radius: Generates promotional codes for customers who refer our products or services to others.

AspireIQ: oVertone provides AspireIQ with access to Shopify data to contextualize customer referrals for our products and services

ShareASale: oVertone provides ShareASale with access to Shopify data to generate promotional codes for customers who refer our products and services to others

Klaviyo:Klaviyo provides marketing technology services. We share information about our individual consumers, including contact details and shopping histories (collects cookies).

How Do I Contact oVertone?

If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information about our Privacy Policy, then you may contact us through our online contact form or at oVertone Haircare, Inc., 1801 Broadway, Denver, CO 80202.