Privacy Policy | oVertone Haircare

Updated May 15, 2022

This Privacy Policy ("Policy") of Overtone Color LLC (“oVertone,” “we,” “us” or “our”) addresses how we handle the personal information we collect from our visitors, customers and users (“you”, “your,” or “User”) via oVertone branded websites, mobile and web based applications available and downloaded from our network, chat and support functions, texting platform, social media, and email in connection with our business development efforts, marketing programs, surveys, offers, events and other promotions (individually, a “site” and collectively, "sites"). We have established this Policy, publicly available at the bottom of the home page of our site, to explain our practices regarding the collection and use of personal information. By “personal information” or “personal data,” we mean any information relating to an identified or identifiable natural person (such as name, address, telephone, email address, GPS information, biometric information, just to give some examples), which alone or with other personal information can identify a natural person/data subject. We will use “personal information,” “personally identifiable information” and “personal data” interchangeably in this Policy. Most of the personal data collected from you is done so that we can provide you as a customer with the products and services you have ordered through our site (“Services”).

We may obtain this personal information directly from you as well as from our affiliated companies, business partners and other third parties. This Policy describes (i) how we collect and use personal information we collect from or about you through our site, (ii) your rights and choices with respect to your personal information, and (iii) how you can contact us if you have any questions or concerns. If you are located in a jurisdiction with data protection laws that offer you privacy rights not described in this Privacy Policy, please contact us at escalate@overtone.co We respect your privacy rights and will do our best to accommodate your written requests.

In addition, if you are a natural person resident in California (“Consumer”), then you can benefit from our practices and policies which comply with the requirements of the California Consumer Privacy Act of 2018 (“CCPA”). In other jurisdictions, including for Users located in the United Kingdom (UK) and the European Union (EU), we comply with applicable law, including the General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK-GDPR) and we were in compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, via self-certification to ensure adequate protection for transferred personal data, but the Frameworks have been invalidated as a result of the decision of the Court of Justice of the European Union (CJEU) in July 2020, and the acquiescence of both Switzerland and the United Kingdom in the decision and the guidance of the European Data Protection Board. The UK’s Information Commissioner’s Office indicated it would follow such guidance, and in September 2020, the Swiss Federal Protection and Information Commissioner announced it would accept the decision of the CJEU in the Schrems II case. In general, personal data resides on our secure servers in the United States, and if transferred to the US from Europe, has been done so in accordance with GDPR and UK-GDPR approved mechanisms such as the Standard Contractual Clauses and/or explicit consent of individual data subjects.

Please read this Policy carefully. If you do not agree with this Policy or any part thereof, you should not access or use any part of the site or Services, or otherwise provide us with your personal information. If you change your mind in the future, you should stop using the site or the Services and provide us with no further personal information.

Information We Collect

You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion, when you make a purchase on our sites, visit our social media pages or use our Services. For instance, the
personal information you may provide to us and how it may be provided includes the following:

If you register to use the site or the Services, then you will provide us with your name, business contact information, title, office address, email address, telephone number(s), device type, and a password in order to
create an account, along with signature information (including timestamp);
We collect information about Users from their use of the Services, including the content of their text messages. The information we collect, some of which is personal information, includes: mobile telephone numbers and IP addresses;
If you are not a customer or User, you are considered a visitor to our sites, during which time we may collect information you provide by interacting with us through our sites, including by submitting questions, commenting
on our forums and interacting with us through social media;
When you communicate with us via the Services, or you send us a request of any type, we collect personal information, such as your name, email address, physical address, IP address, city, region, country, Zip code,
telephone number, and the contents of your correspondence with us, including technical support requests, and feedback on your use of the Services. In order to respond to you in a more efficient way, we may use chatbot or similar technics and tools to support you. If you choose to interact with such technics and tools, you agree that we will process your personal information provided by you during your interaction with such technics and tools in accordance with this Policy, the personal information of which may include your preferences, IP address, your interests, and the problems you want to solve, as the case may be;
When you use the Services, you provide us with information such as your device information, including model, manufacturer and brand (but specifically excluding IMEI or device UUID), user ID, channel mode, SDK version, network type, App ID, call information, quality of services information (including network quality metrics), and device status changes;
Information provided through social media networks or one of our mobile applications when you visit our social media pages (such as your name, profile picture, likes, location, friend list and other information described on
the social media network or your geo-location details when using one of our mobile applications);
To complete your purchase of our Services (oVertone does not collect and store your complete credit card information. Your credit card payments are processed by a third-party credit card processing service); and If you submit any personal information relating to other people to us or to our service providers in connection with the services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.

When you visit our sites, view or click on our online advertisements (including our advertisements on third party websites), visit our social media pages or use our Services, we also collect certain information about your usage or device
by automated means or by using technologies such as cookies, web server logs and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based
technologies. The information we may collect automatically includes:

Usage information. Whenever you visit or interact with our sites, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how our sites are accessed and used ("Usage information"). Usage information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on our sites, as well as search terms that visitors use to reach our sites. This information helps us keep our sites usable for our visitors and allows us to tailor content to a visitor's interests.
Device Identifier. We automatically collect your IP address or other unique identifier ("Device Identifier") for the Device (computer, mobile phone, tablet or other device) you use to access our sites. A Device Identifier is a
number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer our sites, help diagnose problems with our servers, analyze trends, track users' web page movements, help identify you and your interests, and gather broad demographic information for aggregate use.
Cookies; Pixel Tags. We and third parties may automatically collect information about your visit to and use of the Services via cookies. Cookies are small bits of electronic information that a website sends to User’s browser for storage on the hard drive, which makes interaction with the site more efficient by remembering certain information, for example not having to reenter a User ID on a subsequent site visit. The information they collect may include personal information, such as your IP address, and advertising identifiers. The technologies used on our sites to collect Usage information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit our sites), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook, Instagram, LinkedIn, Twitter and, if you so choose, enable interaction between your activities on our sites and your activities on such social networking sites. We, or our partners, may place cookies or similar files on your Device for security purposes, to facilitate site navigation, to perform analytics, and personalize your experience while visiting our sites (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location or demographic information). A pixel tag may tell your browser to get content from another server. Like most websites, we employ the use of "cookies" in certain areas of our site and with certain Services to allow us to provide information that is targeted to your interests and optimizes your online experience, such as providing information of potential interest to you based on your use of the Services. Most cookies are "session cookies," meaning that they are automatically deleted at the end of your session. In the event that you have accessed the site from the UK or the European
Union, consistent with GDPR and UK-GDPR requirements, you will be presented with a pop-up screen requiring consent to store the cookies described on such screen on your device (other than those that are essential to provide a Service) in order to continue to use the site and its Services. Please see more details on oVertone’s use of cookies in the Cookie Policy at the end of this Policy.
To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser's cookie folder, or prevent tracking activities, please refer to your
browser's tools or help menu or other instructions related to your browser. Because an industry-standard Do-Not-Track protocol has not yet been established, our information collection practices on our sites will continue
to operate as described in this online privacy policy regardless of any "Do Not Track" signals that may be sent by certain browsers. However, you may refuse to accept cookies in order to prevent tracking activities. If you disable or opt out of receiving cookies, please be aware that some features and services on our sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. We may use third-party website analytics tools that collect automated information about visitor traffic on our sites, such as Google Analytics. You can learn how Google collects and processes data by going to www.google.com/policies/privacy/partners/.

How We Use the Information We Collect

We use the information we collect for a variety of business purposes including: complete your subscription for the Services, respond to your correspondence and requests, obtain your feedback regarding our sites or Services, send you
information and updates about our sites or Services, confirm a Customer’s identity and associate an authorized representative or User with a Customer’s account, confirm User’s identity, monitor and enforce compliance with our
Terms, Acceptable Use Policy or other agreements.

We may use the information for other purposes such as customer support for our Services and to troubleshoot problems, customize your experience with our Services, communicate with you, promote our Services, such as through targeted advertising, and learn how users interact with our sites and Services so that we can improve our Services and develop new features; communicate with you about your account and activities on our sites, modify or change any of our policies; tailor content, advertisements, and offers we serve you; improve our sites; comply with contractual obligations; and for purposes disclosed at the time you provide your personal information or otherwise with your consent. We may also collect information for purposes such as:

Communicate with you (including by phone or by email) about our products, services, offers, surveys, events and promotions, and oﬀer products and services we believe may be of interest to you;
Publish your testimonials about oVertone, including on our sites, forums, blogs, and social media assets (if we choose to publish your testimonial, we will generally only include your name, title and company name);
Follow up with individuals and companies with whom you have shared oVertone content;
Analyze and enhance our marketing communications and lead generation strategies (including by identifying when emails sent to you have been received and read);
Analyze trends and statistics regarding visitors' use of our sites;
Protect against fraud and unauthorized transactions;
For billing purposes; and
To detect and block fraudulent use of the sites and Services.

We may combine the information we collect with publicly available information and information we receive from our affiliated companies, business partners and other third parties. We may use that combined information for the purposes
described in this Policy. On our sites, we may collect information about your online activities to provide advertising about products and services tailored to your individual interests. You may see certain ads on our sites and other sites because we participate in advertising networks. Ad networks allow us to target our advertising to users through demographic, behavioral and contextual means. These networks may track your online activities over time and across third-party
websites or online services, including by collecting information through automated means through the use of cookies, web server logs, web beacons and other methods. These networks may place cookies, web beacons or similar tracking devices while you are visiting our sites or other sites. The networks use this information to show you advertisements for oVertone and our business partners that are tailored to your individual interests. They may also use the information they collect for their own purposes. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you have viewed, and the actions you take on the sites. This data collection and ad targeting take place both on our sites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

Information We Share

We do not sell, rent, or otherwise disclose personal information about you, except as described in this Policy. We may share non-personal information, such as aggregate data and Usage information with third parties. We may share the
information we collect with our affiliated companies, business partners, ad network vendors and their participants, and other third parties for the purposes described in this Policy, including to communicate with you about products and
services, offers, events and promotions that we believe may be of interest to you. We may also share the information with our service providers that perform services on our behalf. We do not authorize these service providers to use or
disclose the information except as necessary to perform certain services on our behalf or comply with legal requirements. We also may share information about you with other third parties. We will ask for your permission prior to sharing information about you with other third parties.

While on our sites, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites. If you agree to have your personal information shared, your personal information will be disclosed to the third party and the personal information you disclose will be subject to the privacy policy and business practices of that third party. We may share your personal information with other entities and our affiliates primarily for business and operational purposes such as Network operators (e.g., telecommunication providers) for security, spam and fraud protection or to provide telecommunications network access, and other vendors that help us provide the Services and sites, such as payment card processors, auditors and customer engagement platform, data security and cloud service providers. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction and any potential acquirers and their professional advisers in connection with any proposed purchase, merger or acquisition of all or any part of our business. We will inform the buyer that the terms of this Policy apply to your personal information. We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our terms and conditions or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our sites or the public.

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at escalate@overtone.co. You also may write to us at:

2810 N Church St PMB 82701 Wilmington, DE 19802-4447

Attn: Privacy Oﬀice

Your Privacy Rights, Choice and Access

We oﬀer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.

You control the personal information that you provide to us on our sites, but some personal information is required by us in order for you to obtain services from us or for you to use our sites. If you choose not to provide us with your personal information on our sites, you may not be able to take advantage of some of the services we offer or use some functionality on our sites. Except as provided above, we will not share personal information collected on our sites with third parties without your consent. You may also direct us to stop sending you promotional emails by following the removal instructions in a communication you receive from us. Your opt-out request will be processed within a reasonable period of time following the date on which we receive it. We ask that you not send us, and you not disclose, any sensitive personal information (e.g., Social Security numbers, health, biometrics or genetic characteristics or other criminal
background) on or through the Services or otherwise to us.

If you wish to modify, verify, correct, or delete any of your personal information collected through our sites, you may edit your registered user information or contact us at escalate@overtone.co. In accordance with our routine record keeping, we may delete certain records that contain personal information you have submitted through our sites. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your online account or request that we no longer use your information to provide you services through the platform, please contact us at escalate@overtone.co. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

If you believe your personal information has been used in a manner not consistent with the policies outlined, please contact us using the information provided below.

How We Protect Your Personal Information

We use technical, physical and administrative safeguards intended to protect the personal information that we collect from and about you. Our safeguards are designed to provide a level of security appropriate to the risk of processing your
personal information and include (as applicable) measures to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and a procedure for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of personal information.

You are responsible for maintaining the security of your account credentials for the Services. oVertone will treat access to the Services through your account credentials as authorized by you. We may suspend your use of all or part of the
Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately at escalate@overtone.co.

If we become aware of a breach that affects the security of your personal information, we will provide you or the Customer with notice as required by applicable law. When permitted by applicable law, oVertone will provide this notice to you through the email address associated with your oVertone account.

Your California Privacy Rights

If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that oVertone has disclosed to third parties for the third parties’ direct marketing purposes during the calendar
year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties' business cannot reasonably be determined from their names, examples of the products or services marketed, if known to oVertone, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please email escalate@overtone.co.

If you are a California Consumer, this California Privacy Notice explains your privacy rights and is intended to inform you at or before the time that you provide us with your personal information how and why we process your personal
information. In this California Privacy Notice, “personal information” means information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular California Consumer or household. If this California Privacy Notice and any provision in the rest of our Privacy Policy conflict, then this California Privacy Notice controls for the processing of personal information of California Consumers.

California Consumers have the following key privacy rights:

Right to Access Information: You have the right to request access to personal information collected about you and information regarding the source of that information, the purposes for which we collect it and the third parties and service providers with whom we share it.
Right to Request Deletion: You have the right to request that we delete certain personal information that we have collected from you.
Right to Notice of Financial Incentive: If we offer a financial incentive or price or service difference in exchange for your personal information, we will notify you in advance before collecting your personal information for this purpose and explain how you can opt in to the financial incentive or price or service difference.
Right to Opt-Out of Sale of Personal Information to Third Parties: oVertone does not sell your personal
information to third parties. If this policy changes, we will notify you and provide you with information about
how to opt out of sale of your personal information by us. Sharing your personal information with our service providers is not a sale of your personal information because we make sure that our service providers are
contractually obligated to use the personal information only to provide services to us and not sell it.

If you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request removal of unwanted data that you publicly post on our site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on our site, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

Your Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA) or United Kingdom (UK), you have certain data protection rights.

oVertone aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your personal data. If you wish to be informed about what personal data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

Right to Access, Update or Delete the Information we have on you. Whenever made possible, you can access, update or request deletion of your personal data. If you are unable to perform these actions within your account settings, please contact us to assist you. You also have the right to request copies of your personal data.
Right of Rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
Right to Object. You have the right to object to our processing of your personal data.
Right of Restriction. You have the right to request that we restrict the processing of your personal information.
Right to Data Portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format. This information can be provided to you directly or
to another organization at your written request.
Right to Withdraw Consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

f you make a request, we have one month to respond to you. Please note that we may ask you to verify your identity before responding to such requests. If you would like to exercise any of these rights, please contact us as follows:

Email: escalate@overtone.co

Telephone:

Or write to us: Overtone Color LLC 2810 N Church St PMB 82701 Wilmington, DE 19802-4447 Attn: Privacy Oﬀice

You have a right to raise questions or complaints with your local Data Protection Authority at any time. Our EEA Representative, [•] has been appointed as our representative in the EEA for data protection matters, pursuant to Article 27 of the GDPR. [•] can be contacted in matters related to the processing of personal data. To make such an inquiry, please contact [•] by emailing _______. If they can’t answer your question, you have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the EEA –Information Commissioner’s Office (ICO).

Access and Correction

You may contact us at escalate@overtone.co and we will provide you with reasonable access to the personal information we maintain about you. We will also provide you a reasonable opportunity to correct, amend or delete that information where it is inaccurate. We will respond to your request within a reasonable period of time. We may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances, or as we otherwise deem appropriate. In addition, please note that (i) we may not be able to edit or delete your personal information stored with our third-party service providers, and (ii) we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).

Other Websites, Data Processing and Safeguards

Our sites may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners. We do not control, recommend or endorse and are not responsible for these sites or their content,
products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our sites (including those linked to through an email or social networking page).

The sites and Services are U.S. based and subject to U.S. law, including applicable privacy and information security requirements. When you visit our sites, we may process information about you outside of the country in which you are located, including in the U.S. By using our Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from
those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. We will protect information
collected through this site as described in this Policy. Specifically, our cloud based servers are located in countries which may be located outside of the jurisdiction where we collected the data. This means that, when we collect your personal information, we may transfer it to or process it in any of the countries in which we do business. Also, some of the third-party service providers with which we may share personal information (as described above) are located in and may
transfer personal information to various jurisdictions around the world. When we transfer personal data from the European Economic Area (EEA) to a jurisdiction outside the EEA, we deploy appropriate technical and organizational safeguards consistent with the requirements of applicable data protection law.

While oVertone has implemented administrative, technical and physical safeguards to assist in protecting the personal information we collect, please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contact Us" section below.

Children's Privacy

Our sites and Services are not directed to minors (children under the age of 18). If you are under 18, you may use our sites and Services only with the involvement of a parent or guardian. We do not knowingly collect, use or disclose
personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain their personal information without the parent/guardian's consent. If we
become aware that we have unknowingly collected personally identifiable information from a minor under the age of 13, we will make reasonable efforts to delete such information from our records.

Cookies Policy

Cookies are small pieces of data stored in text files on your computer or other device when websites are loaded in your browser, often used to remember you and your preferences regarding your visit to the website and any information you
have volunteered. In other words, cookies in general are used to collect, store and track data.

There are three main categories of cookies: session cookies which are temporary, lasting only as long as your session on a website, persistent cookies which remain on your device’s hard drive beyond your session, and third-party cookies which are served by third parties, often the browser (e.g., Google if you use Chrome) generally without knowledge of the website owner. Persistent cookies are used generally for two purposes: authentication, which is often essential (ensuring that it is you logging in, and remembering our password in certain cases), and tracking, which is often non-essential, used for advertising and marketing purposes.

Third-party cookies are generated by websites other than the web pages you are visiting, and let advertisers or analytics companies track your browsing history across the web on any sites that contain their ads.

Websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels” which are small transparent images that provide statistics, similar to cookies, but not stored on your computer in the same way,
and they may not be disabled if you disable cookies.

Generally, cookies perform up to six functions, as follows:

Category of cookies	Why cookies are used; whether we use them in this manner
Essential/Strictly necessary	These cookies are essential for the site so it can perform basic functions, such as those required to allow registered Users to authenticate and perform account-related functions.
Functionality	These cookies are used to store preferences set by users such as account name, language, and location. Some may be essential, some just make use of the site easy and “friendly,” so you don’t have to input all of your information each time you use the site.
Essential/Security	We use these cookies to help identify and prevent potential security risks. We need to use at least commercially reasonable efforts to ensure that your information is safe and secure, and in many cases confidential.
Analytics and Performance	Performance cookies collect information on how users interact with the site, including what pages are visited most, as well as other analytical data. We use these details to improve how the site functions and to understand how Users interact with the site.
Marketing and Advertising	Advertising is the primary purpose of this category of cookies, which e-commerce and other websites use to display relevant advertising to visitors who use their services and to report on the effectiveness of ads served on websites. In connection with our site, we offer you our newsletter, certain blogs, and try to make you aware of events and webinars that may be of interest to you based on your use of the site and services. Any such cookies used to provide these materials of potential interest are not-essential, and we require your consent before using such cookies.
Third-Party Cookies	We do not control third-party cookies, and do not encourage them, except that we have relationships with a few trusted providers such as Google Analytics to permit statistical analyses of site use that should facilitate improved Services and a better site experience. Third-party cookies also may facilitate access to social media platforms such as LinkedIn, Facebook and Twitter (through the use of sharing buttons). As a result, cookies may be set by these third parties, and used by them to track your online activity. In general we have no direct control over the information that is collected by these cookies.

In accordance with GDPR and UK-GDPR requirements, but not limited to our Users in the EU and UK, before we use cookies that are not essential cookies, we seek and obtain your affirmative consent.

Removing most cookies is easy, but it could make navigating the site more difficult. Without cookies, Users may have to re-enter their data for each visit. Different browsers store cookies in different places, but the Settings, Privacy section — sometimes listed under Tools, Internet Options, or Advanced — is most common. Options are available to manage or remove cookies. Before removing cookies, evaluate the ease of use of the site. In most cases, cookies improve the web experience, but they should be handled carefully.

Updates

This Policy may be updated periodically and without prior notice to you to reﬂect changing legal, technical or business developments. When we update our Privacy Policy, we will post the updated version and change the Effective Date. We will post a prominent notice on this site to notify you of any significant changes to our Policy and indicate the date it was most recently updated.

How to Contact Us

If you have any questions, comments or concerns about this Policy or if you would like us to update information we have about you or your choices or preferences, please contact us by email at escalate@overtone.co. You also may write to us at:

Overtone Color, LLC
2810 N Church St PMB 82701 Wilmington, DE 19802-4447
Attn: Privacy Oﬀice

We suggest that you put in the subject line of any email or communication “Privacy Policy” or “Privacy Complaint.” We will respond within 45 days. If this does not resolve your concern, you have the right to escalate as follows. You can raise the issue with the ICO in the UK or with the appropriate local Data Protection Authority in the EU or Switzerland regarding customer/personal data, or with respect to any personal data transferred from Switzerland to the U.S., the Swiss Federal Data Protection and Information Commissioner’s authority would substitute for the ICO or any EU Data Protection Authority, and we agree to cooperate with such Swiss Commissioner in this context.

Mediation

You also agree that, in the event any dispute or claim arising out of or relating to your use of the site or the Services or this Policy that does not relate to your personal data (personal data), you and we will attempt in good faith to negotiate
a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in
mediation services in Delaware with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that to the maximum extent permitted by applicable law, you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.