PRIVACY POLICY

Innersense Organic Beauty, Inc. (“Company”) values your privacy and is committed to maintaining your trust.  We provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use, and disclosure of personally identifiable information received from users of this website located at www.innersenseorganicbeauty.co.uk (the “Website”) and all of the Company’s other products and/or services, interactive features, widgets, and/or other online services that post a link to this Privacy Policy, and all content offered as a part thereof (the “Services”).  

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject (“Personal Information” or “Personal Data”) shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Company. By means of this Privacy Policy, our Company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

Personal Information.

“Personal Information” may include, but is not limited to information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc.  The Company does not collect any Personal Information or Personal Data from clients or visitors to its Website that is not voluntarily provided. The Company only collects your Personal Information if you submit it via submission on the Company’s Website, when you use the Company’s Services, and when you send the Company communications in connection with your use of the Services.

Legitimate Business Interest.

We collect your Personal Information in furtherance of our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.  Our use of your information is based on the grounds that:

(1) The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary – for example, in order to enable access to our Website on your device;

(2) The use is necessary for compliance with a legal obligation;

(3) The use is necessary in order to protect your vital interests or those of another person or entity;

(4) We have a legitimate interest in using your information – for example, to provide and update our Website or Services, to improve our Website or Services so that we can offer you an even better user experience, to safeguard our Website or Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalise your experience; and/or

(5) You have given us your consent.

Third Party Personal Information.

We may obtain your Personal Information from third parties, such as third parties with whom we affiliate in providing the Company’s services.  If you provide the Company with Personal Information about third parties, you warrant to the Company that any Personal Information that you provide to the Company about any third party individuals was obtained by you with full consent, and that the individual has not communicated to you that they wish to opt out of receiving communication from the Company or having the Company collect information about him or her.

Use and Sharing of Personal Information.

We use the information we collect from our Website and your use of our Services to provide and improve existing Services; to develop new Services; and to protect you and the Company.  We also may use this information to offer you tailored content when you visit our Website. We will not share your personal information with anyone except for our Company’s authorised service providers¹, business affiliates², and business partners³ for business purposes; or unless we specifically inform you and give you an opportunity to opt out of our sharing your personal information.

In general, we may use and/or share your Personal Information:

• To respond to your enquiries and your requests regarding our Services.
• To send you information regarding our services and changes to our terms, conditions, and policies.
• To complete your registration.
• To send you marketing communication and newsletters about our Services.
• To personalise your experience on our Website.
• To inform you and allow you to participate in our promotions.  
• To collaborate with business affiliates, partners, vendors, or service providers to provide you with our Services.
• In connection with our business purposes, including but not limited to data analysis, audits, fraud monitoring and prevention, developing or enhancing new and existing products and/or services, expanding our business activities, etc.

We will not use and/or share your Personal Information in any other way, except as designated above.

However, we reserve the right to disclose Personal Information that we believe to be necessary or appropriate in the following circumstances:

• As required by law, such as to comply with a subpoena, or similar legal process.
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
• To enforce our Terms and Conditions.
• To allow us to pursue available remedies or limit the damage we may sustain.

Personally Non-Identifiable Information:

We may collect personally non-identifiable information, including but not limited to your geographic location, from you at the time of registration, or when you choose to use our Services. This information is not, by itself, sufficient to identify or contact you.  The Company may store such information, or it may be included in databases owned and maintained by partners, affiliates, agents, or service providers of the Company. The Company may use such information and pool it with other information to track data related to growing the business, such as the total number of visitors to our Website and the domain names of our visitors’ Internet service providers.  

Location-Based Information.

Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content based on your location as well as to share your location with our vendors as part of the location-based services we offer. We may, from time to time provide settings in the Services that permit you to disable location-based services. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. Users should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of privacy preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. However, please note that we will only directly provide third parties we work with access to your exact location information if you first give us permission to do so. You should consider the risks involved in disclosing your location information to other people.

Passively Collected Information:

Your visit to our Website may allow us to obtain certain additional, personally non-identifiable information that is collected passively using various technologies.  This information includes but is not limited to, for example, IP addresses, browser types, date and time of page views, location information associated with your IP address, domain names, your interactions to an ad delivered by us or our ad technology partners and other anonymous statistical data involving your use of the Website and/or our services.  This information cannot presently be used to specifically identify you.

Aggregated Personal Data:

The Company may analyse your personal data provided through the Website or in connection with rendering the Services, in aggregate form.   This aggregate information does not identify you personally. We may share this aggregate data with our partners, affiliates, agents, or service providers for business purposes.   We may also disclose aggregated statistics to explain our Services to current and prospective business partners, and to other third parties for other lawful, business-related purposes.

Your Privacy Rights under the GDPR.   

The GDPR includes the following rights for European Union (EU) data subjects who provide their information to the Company in connection with the Services or visiting our Website:

1. The right to be informed about how we store, use, or share your data;
2. The right to access your data;
3. The right to rectify your data;
4. The right to have us erase your data;
5. The right to prevent us from processing your data;
6. The right to request copies of your data from us in a commonly-used and machine-readable format, free of charge, for the purposes of transfer to a third party, where technically feasible;
7. The right to object to use or sharing of your data; and
8. The right not to be subject to automated decision-making, including profiling.

Data Controller.   

The Company is the “data controller,” as defined under the GDPR, or the legal entity which determines the purposes and means of the processing of personal data of the customers of the Company and visitors to its Website.  The Company is responsible for collecting your consent, managing consent-revoking, enabling right to access, etc. If you wish to revoke consent for us to store, use, or share your personal data, you may contact us at info@innersensebeauty.com.

Data Processor.   

The Company is the “data processor,” as defined under the GDPR, or the legal entity which processes your personal data.  The Company maintains records of any processing activities it performs, and is able to show how the Company complies with data protection principles under the GDPR.  It has effective policies and procedures in place.

Children.

The Children’s Online Privacy Protection Act of 1998 (COPPA) and its accompanying FTC regulation protects the privacy of American children using the Internet.  The GDPR sets the age at which a child can give their own consent in order to process their Personal Data at 16 years of age.

Out of an abundance of caution, we have designed our Website to block our knowing acceptance of information from children under 18 whenever age-related information is requested.  The Website and our related Services are not intended for anyone under 18, and we do not knowingly collect information from anyone under the age of 18. Anyone aged 18 or under should not submit any Personal Information without the permission of their parents or guardians.  By using the Website and our related Services, you are representing that you are at least 18 years old.

It is possible that by fraud or deception by others, we may receive information pertaining to children under 18.  If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers.  If you want to notify us of our receipt of information by children under 18, please do so by emailing us at info@innersensebeauty.com. We are committed to protecting the privacy needs of children, and we encourage parents to take an active role in their children’s online activities and interests.

Your California Privacy Rights.

Under California Civil Code Section 1798.83, California customers are entitled to request information relating to whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes.  This code applies to businesses with 20 or more full or part-time employees. While the Company is not subject to this Code Section, it values your privacy and, as a courtesy to you, allows you to request and obtain from us once a year, free of charge, certain information about the personal data (if any) we disclosed to third parties, if any, for direct marketing purposes in the preceding calendar year.  If applicable, this information would include a list of the categories of personal data that was shared and the names and addresses of all third parties with whom we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to  info@innersensebeauty.com.

Links to Other Websites.

This Privacy Policy applies only to this Website and the Company’s Services.  It does not apply to any third-party sites to which our Website may link. Some examples of websites to which our Website may link include, but are not limited to, the following:

• http://www.thinkdirtyapp.com/, https://www.facebook.com/, https://twitter.com, https://www.instagram.com, https://www.pinterest.com, https://www.lunahairstudio.com/, http://www.oprah.com, http://hellocurls.com/, http://www.nolastudio.com/, http://www.gildedfoxbeauty.com/, http://abloomsalon.com/, http://www.refinery29.com/, https://southerncurlatl.com/, https://www.curlyhairartistry.com/; and
• https://www.midtowncurls.com/, http://kellyelaine.com/, https://www.ringletsandroots.com/, http://www.safecosmetics.org/, https://www.ewg.org/, https://www.ewg.org, http://www.moisturesalon.com/, https://www.theorganicbunny.com, https://www.citrinenaturalskin.com, https://www.naturallycurly.com and https://www.youtube.com

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practises of any third parties or their websites.  The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

Facebook/Instagram Integration.   

On this Website, the Company has integrated components of the enterprise Facebook. Facebook is a social network.  Instagram is a company owned by Facebook, and is likewise a social network. A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook, e.g. the Facebook blocker of the provider Webgraph, which may be obtained under http://webgraph.com/resources/facebookblocker/. These applications may be used by the data subject to eliminate a data transmission to Facebook.

More information regarding how Facebook complies with the GDPR is located here: https://www.facebook.com/business/gdpr.

Twitter Integration.   

On this Website, the Company has integrated components of Twitter. Twitter messages (tweets)  are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, United States.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

Security.

We maintain reasonable and appropriate, although not infallible, security precautions.  This Website has security measures in place to protect the loss, misuse and alteration of the information under our control. This includes a firewall and 24-hour monitoring of site activities by our hosting service provider as well as use of SHA-256 encrypted SSL (where allowable by law) on all transaction-oriented operations between you and Innersense Organic Beauty via our transaction service provider.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line.  All of our Website users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only our employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to Personally Identifiable Information.  

Our employees must use password-protected screen savers when they leave their desk. When they return, they must re-enter their password to regain access to your information.

Furthermore, ALL employees are kept up-to-date on our security and privacy practises.  Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected.

Finally, the servers on which we store Personally Identifiable Information on are kept in a secure environment, behind a locked cage.

That being said, we cannot guarantee that hackers or unauthorised personnel will not gain access to your Personal Information, despite our reasonable efforts.  You should note that in using the Website and our related Services, your information will travel through third party infrastructures which are not under our control.  Please feel free to raise any questions, concerns or specific directions you may have regarding the privacy and security of your information to info@innersensebeauty.com.

Breach.

The Company has internal policies and procedures in place to effectively detect, report, and investigate a data breach.  The GDPR defines a personal data breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.” The Company will notify you of a personal data breach where the personal data breaches are likely to present a risk to data subjects to data protection authorities (“DPAs”) without undue delay, and within 72 hours if feasible, after becoming aware of the breach; and communicate high-risk breaches to affected data subjects without undue delay.  The Company will provide you with: (i) contact details of the Data Protection Officer (DPO) or other contact person, (ii) a description of the nature of the breach, (iii) likely consequences of the breach, (iv) measures the organisation has taken or proposes to take to address the breach, and (v) advice on steps data subjects can take to protect themselves.

Data Protection Officer.  

The Company is not formally required to designate a Data Protection Officer (“DPO”) because it is not: (1) a public authority; (2) an organisation that carries out regular and systematic monitoring of individuals on a large scale; or (3) an organisation that carries out large scale processing of special categories of data, such as health information or information about criminal convictions.  Nonetheless, the Company voluntarily elects to appoint Joanne Starkman, Vice President/COO of the Company, as the DPO for this Company.  Ms. Starkman is responsible for data protection compliance and can answer any questions you may have about your Personal Information. She may be reached at info@innersensebeauty.com.

Data Retention/Erasure.

We will retain your Personal Information for as long as needed to provide the applicable Services.  If, at any time after agreeing to this Privacy Policy, you: (1) change your mind about receiving information from us; (2) wish to revoke permission for us to retain and use your Personal Information; (3) wish to object to processing of your Personal Information; or (4)  wish for us to erase a copy of your data, please make a request to the Company at info@innersensebeauty.com.  If you request erasure of your data, we may retain some of your Personal Information only for legitimate business interests, such as fraud detection, prevention, and enhancing the safety of our Website; and to comply with our legal obligations, specifically our tax, legal reporting, and auditing obligations.

Our Response to Your Requests.  

If you make any requests regarding your Personal Information, we will not charge you for compliance with the request.  The Company will respond and comply within one month. The Company reserves the right to refuse or charge for requests that are manifestly unfounded or excessive.  If we refuse your request, we will tell you why we are refusing your request.  You have the right to complain to the relevant supervisory authority and to a judicial remedy, but you must do so within one month of our refusal.

Complaints.  

Without prejudice to any other administrative or judicial remedy, every EU data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

Data Protection Impact Assessment (DPIA).   

Note: The Company is not required to undergo a DPIA because data processing is not likely to result in a high risk to data subjects, such as in cases where: (1) new technology is being deployed; (2) profiling operations may significantly affect individuals; or (3) processing is on a large scale and involves special categories of data.

Referrals.

If you choose to use our referral service to tell a friend about our Services by email, we will ask for your friend’s email address, and send your friend a one-time email inviting them to visit our Website and inform them of our Services.  We will only store your friend’s email address for the sole purpose of sending this one-time message and tracking the success of the referral program. Your friend may contact us at info@innersensebeauty.com to request that we remove this information from our database at any time.

If you submit any Personal Information relating to other people to us or to our service providers in connection with our Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.  

Testimonials, Ratings and Reviews.

If you submit testimonials, ratings, or reviews of the Services vis a vis our third party platform, Yopto Ltd., any Personal Information you include will be displayed in connection with your review.  If you provide our third-party service provider with your Personal Information in the process of submitting your rating and review, the content and Personal Information collected by a third party will be posted on its/our Website, absent your express instruction not to do so.  If you want your testimonial, rating, or review removed from its/our Website at any time, please contact us at info@innersensebeauty.com. By submitting an online review on Yopto Ltd., you herein expressly agree to follow its Terms of Service (https://www.yotpo.com/terms-of-service/) and Privacy Policy (https://www.yotpo.com/privacy-policy/).

Opt-Out Policy.

If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, or if you prefer that we do not share your Personal Information with third parties for marketing purposes, please contact us at info@innersensebeauty.com.

Changes.   

This Privacy Policy may be updated from time to time for any reason, at our sole discretion.  We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Website.  You are advised to consult this Privacy Policy regularly for any changes.

Incorporation into Terms of Service.   

By using or accessing the Website or the Services, you are accepting the practises described in this Privacy Policy, and you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. This Privacy Policy is incorporated into, and considered a part of, the Company’s Terms of Service.

Contact Us.

If you have any questions or concerns relating to our use of your Personal Information, please email info@innersensebeauty.com.  Additionally, you may reach us by postal mail at: Innersense Organic Beauty, Inc., 5118 Port Chicago Highway, Suite A, Concord, CA 94520, USA.

Terms of Service

Thank you for choosing Innersense Organic Beauty, Inc. (“Company”) for your business.

The Company is dedicated to purity, peace of mind, and the practise of self-care. Our mission is to empower, inform, and inspire beauty and wellness, helping our customers make healthier, cleaner choices that align with their personal values. By sourcing the most beneficial, highest quality organic and plant ingredients in an ethical manner, we preserve the intrinsic beauty of botanicals that deliver salon-quality haircare products.

The Company refers to the foregoing products and/or services herein collectively as “Services.”

These Terms of Service (“Agreement”) apply to any use of and access to our Services and/or our website located at www.innersenseorganicbeauty.co.uk (“Website”) by you and/or your agents (collectively, “you”). When you use our Services, you are agreeing to our terms, so please carefully read the Terms of Service and the Privacy Policy, incorporated herein, as these documents contain important information regarding your legal rights and obligations.

THIS DOCUMENT, THE TERMS OF SERVICE, IS A LEGAL AGREEMENT BETWEEN THE COMPANY AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES AND THE WEBSITE. YOUR USE OF THE SERVICES AND THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND THE PRIVACY POLICY INCORPORATED HEREIN; AND YOUR REPRESENTATION THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER, AND HAVE THE ABILITY TO ENTER INTO A CONTRACT. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES. If you accept these Terms of Service and using the Services on behalf of a company, organisation, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.

Effective Date.

This Agreement is effective (“Effective Date”) on the date you first access or use the Services and/or the Website, whichever is earlier.

Fees.

Upon notice to you, the Company may increase any fees specified in connection with its products or Services.

Account.

By creating an online account with the Company on its Website (“Account”), you are granted a right to use the Services provided by the Company subject to the restrictions set forth in these Terms of Service and the Privacy Policy, incorporated by reference herein.

Our Account registration process will ask you for information including your name, email and or physical address, phone number, etc. (hereinafter, collectively referred to as “Personal Information,” as previously defined in our Privacy Policy). By registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration process. You further agree that you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated information in your Account, or notify us in writing regarding your corrected or updated information.

We may verify your provided information, as required for your use of and access to the Services. You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

You are solely and entirely responsible for maintaining the confidentiality of your Account, and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services.

The Company is not liable for any harm caused by or related to the theft of your Account, your disclosure of your Account, or your authorisation to allow another person to access or use the Services using your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services and/or the Website cannot be guaranteed in the event of breach.

Termination.

The Company reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to the Services and/or Website, and your Account if you: (a) have violated the terms of these Terms of Service, any other agreement you have with the Company; (b) pose an unacceptable credit or fraud risk to us or Users; (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct; or (d) for any other reason in the Company’s sole discretion.

If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service; (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end; (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers; and (e) that the Company shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that the Company may retain and use your information and account data as needed to comply with investigations and applicable law, and as indicated in the Company’s Privacy Policy.

However, we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us, as provided in these Terms of Service.

Links to Other Websites.

As described in the Privacy Policy, incorporated herein, the Website may contain links to third party websites that are not owned or controlled by the Company such as, but not limited to, the following websites:

• http://www.thinkdirtyapp.com/, https://www.facebook.com/, https://twitter.com, https://www.instagram.com, https://www.pinterest.com, https://www.lunahairstudio.com/, http://www.oprah.com, http://hellocurls.com/, http://www.nolastudio.com/, http://www.gildedfoxbeauty.com/, http://abloomsalon.com/, http://www.refinery29.com/, https://southerncurlatl.com/, https://www.curlyhairartistry.com/; and
• https://www.midtowncurls.com/, http://kellyelaine.com/, https://www.ringletsandroots.com/, http://www.safecosmetics.org/, https://www.ewg.org/, https://www.ewg.org, http://www.moisturesalon.com/, https://www.theorganicbunny.com, https://www.citrinenaturalskin.com, https://www.naturallycurly.com and https://www.youtube.com

The Company has no control over, and assumes no responsibility for, the content, terms of service or terms and conditions, privacy policies, or business practises of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Services and our Website, you expressly relieve the Company from any and all liability arising from your use of any third-party website that is referenced or linked on our Website.

Links to this Website.

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website and/or Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with the Company or cause any other confusion, and (c) the links and the content on your website do not portray the Company or its products or Services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the Website and/or Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

Intellectual Property Rights.

As discussed in the Company’s Privacy Policy, incorporated herein, the Company owns all right, title and interest in and to the Services, the Company Data and Aggregated Data, including, without limitation, all intellectual property rights therein. Subject to the limited rights expressly granted to you under this Agreement and the Privacy Policy, the Company reserves all rights, title and interest in and to the Services, the the Company Data and Aggregated Data, including, without limitation, all related intellectual property rights. The Company’s service marks, logos and product and service names are owned by the Company. You agree not to display or use any the Company marks in any manner without the Company’s express prior written permission.

In addition, any trademarks, service marks and logos associated with a Third Party Offering may be the property of the third party provider, and you should consult with their trademark guidelines before using any of their marks.

Any information and data that you submit to the Website or in connection with the Services must not violate the intellectual property rights of third parties.

Finally, as specified in the Company’s Privacy Policy, you grant us a license to use your customer feedback in connection with providing the Services and for general marketing purposes, unless you notify us otherwise in writing.
No Submission of Unsolicited Ideas and/or Materials. In your communications with the Company, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User Content and licensed to us as set forth below. In addition, Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Company’s receipt of your Unsolicited Ideas and Materials is not an admission by the Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Data Ownership and Usage.

As specified in the Company’s Privacy Policy, incorporated herein, we will own all Aggregated Data, and the Privacy Policy will govern how we collect and use Personal Information that is submitted through the Services. By accessing or using the Services, you agree to that you have read and accept our Privacy Policy.

As explained in our Privacy Policy, we have controls in place to prevent outside parties from stealing or accessing your data and Personal Information, but they are not foolproof. Please exercise caution when disclosing any Personal Information while using our Website. We will notify one another if either of us becomes aware that your data and/or Personal Information has been compromised.

You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees or contractors of your business. You acknowledge and agree that the Company has no obligation whatsoever to resolve or intervene in such disputes.

Personal Information.

As outlined in the Company’s Privacy Policy, incorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to thwart those measures, or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

HIPAA.

The United States of America’s Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information. You should not share any protected health information, or any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. The Services and this Website are not intended to be used to communicate protected health information, nor comply with HIPAA. If you do share any protected health information, you do so at your own risk.

Disclaimer/No Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND/OR THIS WEBSITE.

THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES AND/OR THIS WEBSITE WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “THE COMPANY PARTIES”).

Indemnification.

You agree to indemnify, defend, and hold harmless the Company and its Parties from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising from or relating to: (a) any actual or alleged breach of any provisions of this Agreement; (b) any access to or use of the Services and/or Website; (c) any actual or alleged violation by you, an affiliate, or end User of the intellectual property, privacy or other rights of a third party; and (d) any dispute between you and another party and/or User regarding ownership of or access to your data.

No Liability.

THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY THE COMPANY. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID PRECEDING THE DATE OF THE INCIDENT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH THE COMPANY AND THE COMPANY PARTIES.

IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE COMPANY, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.

THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Choice of Law.

These Terms of Service and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Dispute Resolution.

• Informal Dispute Resolution.

  We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the Dispute informally by contacting info@innersensebeauty.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or the Company may bring a formal proceeding.

• We Both Agree To Arbitrate.

  You and the Company agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
  Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting info@innersensebeauty.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

• Arbitration Procedures:

  The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Contra Costa County, California, USA, or any other location we agree to.
  Arbitration Fees. The AAA rules will govern payment of all arbitration fees.

• Exceptions to Agreement to Arbitrate.

  Either you or the Company may assert claims, if they qualify, in small claims court in Contra Costa County, CA, USA, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorised use or abuse of the the Company’s products or the Company Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

• No Class Actions.

  You may only resolve Disputes with the Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under this Agreement.
  Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Contra Costa County, California. Both you and the Company consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

• Limitation on Claims.

  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the the Company’s products or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Miscellaneous Provisions

• Relationship of the Parties.

  This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company.

• Entire Agreement.

  These Terms of Service and Privacy Policy referenced herein constitute the entire agreement between you and the Company concerning the subject matter herein and the use of the Services and/or Website. They supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of these Terms of Service and/or Privacy Policy.

• Modification.

  The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and/or Privacy, and any and all referenced and/or incorporated exhibits or policies, programmes and guidelines. The Company will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service and/or Privacy Policy are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.

• Assignment.

  The Company may assign these Terms of Service and/or Privacy Policy in whole or part at any time. However, you may not assign, delegate or transfer this Agreement in whole or in part, without the Company’s prior written consent.

• No Waiver.

  Any failure of the Company to enforce or exercise a right provided in these Terms of Service and/or the Privacy Policy is not a waiver of that right.

• Severability.

  Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.

• Force Majeure.

  Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems (other than those involving the Company’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
  Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

• Notices.

  Any notices provided by the Company under this Agreement and/or the Privacy Policy may be delivered to you to the email address(es) we have on file for your Account. You hereby consent to receive notice from us through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Except as otherwise specified in the Agreement, any notices to the Company under this Agreement must be delivered either via email to info@innersensebeauty.com, Royal Post registered mail or via first class registered U.S.A. mail, overnight courier, to: Innersense Organic Beauty, Inc., 5118 Port Chicago Highway, Suite A, Concord, CA 94520, USA.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, INCLUDING THE COMPANY’S PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND THE COMPANY’S PRIVACY POLICY INCORPORATED HEREIN.

¹Authorised service providers are companies that perform certain services including, but not limited to, fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analyses, supporting the functionality of the Services, and supporting contests, sweepstakes, surveys and other features we offer, on our behalf.  These service providers may have access to your Personal Information, but to the extent necessary to perform or fulfill their business purpose. We do not permit them to share or use any of your Personal Information for any other purpose. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in the United States.

²Affiliate businesses are those businesses with whom we may affiliate to sell our products or Services.  We may share information we collect, including Personal Information, with affiliated businesses. Sharing such information with our affiliates enables us to provide you with information about a variety of products and Services that might interest you.  We instruct all affiliated businesses to comply with applicable privacy and security laws and, at a minimum, in any commercial email they send to you, to give you the opportunity to choose not to receive such email messages in the future. Affiliated businesses may be located inside or outside of the EEA.  In particular, any of our affiliated businesses are based in the United States.

³ Business partners are typically merchants offering the products, services, promotions, contests and/or sweepstakes in connection with or somehow related to our own products and Services.  We will not share your Personal Information with business partners unless you choose to participate in their offer or programmes. When you choose to engage in a particular offer or programmes, you authorize us to share your email address and other Personal Information with the relevant business partner.  Business partners may be located inside or outside of the EEA. In particular, our business partners are based in the United States.

⁴ You may email us with requests at info@innersensebeauty.com