Last Updated: January 19th, 2023
We obtain information about you through the means discussed below when we provide the Services. Please note that we need certain types of information to provide the Services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain aspects of the Services.
a. Information you provide directly to us
We may collect information that you provide directly to us through:
The information you provide directly to us may concern you or others and may include, but is not limited to:
You are not required to provide us with such information, but certain features of the Services may not be accessible or available without providing the requested information.
b. Information from affiliates and nonaffiliated parties
We may collect information about you or others through our affiliates or through nonaffiliated parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from nonaffiliated parties, such as information to verify your identity or information for other fraud or safety protection purposes. We may combine information that we collect from you through the Services with information that we obtain from such other parties and information derived from other products or Services we provide.
We may also collect information about you from social media networks. When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you interact with social media features that may be made available on the Services, such as like and share buttons, or if you tag us or identify us in your social media posts. If you access the Services through a third-party account, such as Facebook or Google, (each a “Third-Party Service”), you may allow us to have access to certain information from the Third-Party Service. Depending on the Third-Party Service, the information disclosed to us may include your name, profile picture, gender, email address, photos, videos, people you follow and/or who follow you, and/or your posts or “likes.” Third-Party Services have their own policies for handling your information, and we encourage you to consult their privacy policies before accessing the Services with a Third-Party Service.
Other users may also provide information about you. For example, Clients or Professionals may authorize us to access contact information from their device or otherwise use the Services to facilitate sharing of offerings or to invite friends and others to use the Services. For instance, if you choose to invite or refer a friend to use the Services through our “Refer-a-Friend” feature, you may select a contact directly from the contacts list on your device and send him or her an SMS or email from your device. Alternatively, you can submit your contact’s phone number or email address and have GlossGenius send the invite email. You understand and agree that you are responsible for any charges that apply to communications sent from your device to your contacts and that you shall only input contact’s phone or email address if you believe that they would be interested in a referral to the Services. Your use of our SMS functionality and our use of SMS to communicate with you is subject to our SMS Terms.
Payment Processing. In connection with our payment processor vendor, Stripe, we may collect certain payment information that you have provided to Stripe, including payment card number, expiration date, and authorization number or security code, and TIN, for purposes of providing our Services and troubleshooting and support purposes.
c. Information we collect automatically
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Services, because the Services may not function properly. As we adopt additional technologies, we may also gather additional information through other methods.
Location Information. When you use the Services, we may collect general location information (such as general location inferred from an IP address). We may also collect precise location information where you authorize such collection.
We use your information for business and commercial purposes, such as:
We may combine information that we collect from you through the Services with information that we obtain from affiliated and nonaffiliated parties, and information derived from any other products or services we provide.
We may aggregate, anonymize, and de-identify information collected through the Services. We may use de-identified, anonymized, and aggregated data for any purpose, including without limitation for research and marketing purposes and may also disclose such data with any other parties, including without limitation, advertisers, promotional partners, sponsors, and/or others. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.
We may disclose information in the following situations:
Affiliates. We may disclose your information with any affiliates.
Vendors. We provide access to or disclose your information with select parties who perform services on our behalf. They provide a variety of services to us, including data storage, analytics, billing, payment processing, marketing, product content and features, customer service, data storage, security, fraud prevention, and legal services.
Legal Requirements. We may disclose certain information if we believe in good faith that doing so is necessary or appropriate to comply with any law enforcement, legal, or regulatory process, such as to respond to a warrant, subpoena, court order, or other applicable laws and regulations.
Business Transfer. We may disclose certain information, in connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Aggregate/Anonymous Information. From time to time, we may disclose aggregate/anonymous/deidentified information about use of the Services, such as by creating reports on usage trends. The use and disclosure of such data is unrestricted.
We may use web analytics services on the Services provided by other parties, such as those of Google Analytics. These vendors use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Services, including by noting the website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these vendors, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-OutBrowser Add-on.
b. Tailored Advertising
We may also allow other parties with advertising technologies to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites and (b) report how our marketing content impressions, other uses of marketing Services, and interactions with these marketing impressions and marketing Services are related to visits to our websites. We may also allow other parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g. your email address) that we may disclose to a vendor in hashed, non-human-readable form.
If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content may just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.
You have certain rights and choices with respect to your information such as:
Your local law may provide you certain rights with respect to your personal information. Depending on your jurisdiction, you may request that we:
Please note, however, that certain information may be exempt from such requests in some circumstances, which may include processing your information to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request. To exercise any of these rights, please contact us as described in the “Contact Us” section below.
Residents of certain jurisdictions may be entitled to additional rights or information:
We maintain administrative, technical, and physical safeguards to protect the personal information we obtain in connection with the Services. However, no information system can be 100% secure. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks. So, we do not promise and cannot guarantee, and thus you should not expect, that your personal data or communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. GlossGenius is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
We keep your information for the time necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and your choices, after which time we may delete and/or aggregate it. We may also retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
a. Nevada Residents
In addition to the rights above, under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing email@example.com with the subject line “Nevada Sale Opt-Out”. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
Depending upon your use of the Services, in the preceding twelve months, we or our vendors may have collected the below categories of personal information for business or commercial purposes: identifiers (including name, mailing address, business address, phone number, email address); commercial information (such as reservation and transaction data); demographic information (such as your age and gender); financial Information (such as payment or other financial information when you use the card reader or make a payment); internet or other network or device activity; network or device information (such as an IP address, app identifiers, browsing history, or other usage data); location information (such as general location information (such as those inferred from an IP address) or precise location information where you authorize such collection); sensory information (such as when you contact customer support and we record such calls after notifying you); professional or employment-related information (such as your business email, telephone number, mailing address, and professional license number); and inferences. We may also collect other information that identifies or can be reasonably associated with you, such as when you send us communications. We may have also collected or may collect the following categories of sensitive personal information, as defined by California law: geolocation, account log-in and password or other credentials allowing access to your account, social security number, driver’s license number, state ID number, and the contents of communications between users, such as between Professionals and Clients.
We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Services; (3) affiliates; and (4) other parties, such as our partners that assist with fraud prevention or where you direct other parties such as social networks to provide us with information.
Sharing of Personal Information. We may disclose your personal information to other parties for purposes of analytics and advertising. We provide information to analytics providers to better understand how consumers use the Services so we can improve the Services and create new products and services. We may also provide personal information to third-party advertising providers for targeted advertising purposes, so we can provide you with more relevant and tailored ads regarding our services. Under the CCPA, disclosing personal information to these third parties may be considered “sharing” of personal information for purposes of “cross-context behavioral advertising.” Depending on how you use the Services, we may “share” (and over the past 12 months may have shared) the following categories of information to ad networks, advertising partners, and/or analytics for such advertising:
identification and demographics; device information and identifiers, such as IP address, unique advertising identifiers and cookies, and hashed identifiers; connection and usage information, such as browsing history or app usage; location information, such as city; and inference data.
GlossGenius does not “sell” personal information as we understand such terms are currently defined under the CCPA.
If you or your authorized agent would like to opt out of our “sharing” of your information for such purposes, you may contact us at firstname.lastname@example.org or 888-979-7864. You can also submit a request to opt out of our offline disclosures of information that are subject to applicable opt-out rights by contacting email@example.com or 888-979-7864.
We do not knowingly “sell” or “share” the personal information of children under 16.
The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA.
Retention of Your Personal Information. Please see the Security of Information About You and Data Retention section above.
Rights. In addition to the rights in Section 5 above, if you are a California resident, you may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights.
If you would like to exercise any of your rights, please submit a request by emailing us at firstname.lastname@example.org or contact us at 888-979-7864. You will be required to verify your identity before we fulfill your request.
You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
Your California Privacy Rights. California residents can also request a list of all the other parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law) during the preceding year for those other parties’ direct marketing purposes. We do not disclose your personal information with other parties for their own direct marketing purposes.
California Do-Not Track Disclosure. GlossGenius is committed to providing you with meaningful choices about the information collected on our Services for third party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link.
c. Virginia Residents
If you are a Virginia consumer (as that term is defined under the Virginia Consumer Data Protection Act (VCDPA)), you may have certain rights. Virginia law may permit you to request that we:
Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.
If you would like to exercise any of these rights, please submit a request at email@example.com or contact us at 888-979-7864. You will be required to verify your identity before we fulfill your request. To do so, you will need to provide the information requested by us.
GlossGenius may use your personal information to send you targeted advertising (as that term is defined in the VCDPA). To opt out of targeted advertising, please contact us at firstname.lastname@example.org or 888-979-7864.
If we deny your request to exercise any of the rights above, you may appeal that denial by contacting us at email@example.com.
GlossGenius is based in, and operates the Services from, the United States. If you reside outside the United States, please be aware that information we collect will be transferred to and processed in the United States and may be processed and stored in other countries outside the United States which may have data protection laws that differ from the laws in your country. By using the Services, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable countries in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.