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PRIVACY POLICY

 

I. General

 

Creative Nail Design, Inc., and its affiliated companies ("CND") respect the privacy of every individual who visits this Web site, www.cnd.com (the “Site), and all other web sites owned, operated or maintained directly or indirectly by CND, including, without limitation, cnduniversity.com, (the "CND Sites").   The data controller for the Site is CND (website: www.americancrew.com). CND has created this statement (the "Privacy Policy") to inform you of CND's privacy practices and the terms and conditions under which data that we collect from you on the Sites will be used, shared and otherwise treated. This Privacy Policy will also instruct you on how you can verify the accuracy, and control certain uses, of the information you provide to us on the CND Sites. By accessing the CND Sites, you agree to be bound by the Privacy Policy. This Privacy Policy may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the top of this page) and review any changes since the last version. If at any time you do not agree to the terms of this Privacy Policy, please do not use the CND Sites. Your continued use of the CND Sites constitutes your agreement to this Privacy Policy.

 

II. Collection and Use of Information

 

A. Personally Identifiable Information

When you visit the CND Sites, you may be asked to provide personally identifiable information about yourself ("PII") primarily for purposes such as i) registering on the CND Sites, ii) contacting us about questions, inquires or concerns, or iii) providing the service or support for which your PII was specifically requested. PII includes but is not limited to your name, mailing address, e-mail address, postal address and telephone number. While CND currently does not collect personally identifiable information about an individual consumer’s online activities over time and across third-party Web sites or online services, CND also does not respond to Web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party Web sites or online services.

 

Providing PII to the CND Sites is on a strictly voluntary basis, however, if you opt not to provide the CND Sites with certain PII, you may be unable to participate in certain promotions or activities provided on the Site or receive product information or other offers. You acknowledge and agree that your provision of PII to the CND Sites will be subject to the terms of this Privacy Policy and that CND may use PII for the purposes stated herein (see generally Section II. C. below), including carrying out the purposes for which such information was collected. Your PII will be held by CND for so long as is necessary for the purposes for which it was collected, for the settlement of any potential disputes which may be raised or otherwise in accordance with legal requirements. Additionally, you agree that your PII may be shared with third parties as stated herein (see generally Section II. C. below) and you acknowledge that such third parties may not be governed by the same policies as the CND Sites.

 

B. Non-Personally Identifiable Information

 

In some cases, the CND Sites may collect certain information about you that is not personally identifiable, such as your age, mailing code, make-up preferences, product and information preferences, Site pages most frequently accessed, search terms entered, the type of Internet browser or computer operating system you are using and personal characteristics and other traits ("NPII"). We may also collect NPII about your use of the CND Sites and other Web sites linked to the CND Sites, such as the domain name of the Web site from which you linked to the CND Sites. We use NPII to help administer the CND Sites and to provide information about the Sites to potential business partners and other unaffiliated entities. We reserve the right to share, sell or trade aggregated NPII with third parties. As stated earlier, NPII does not identify you individually. When NPII and PII are combined we refer to this as PII and the combined information will be treated by CND as PII hereunder as long as it is so combined.

 

C. Use of Your PERSONALLY IDENTIFIABLE INFORMATION/SHARING of your PERSONALLY IDENTIFIABLE INFORMATION

 

When you register on one of the CND Sites, you will be asked to provide PII. This allows the CND Sites to maintain a user profile of each user so that we may customize preferences for each specific user, provide a faster method for Web visitors to submit information to CND (and receive information back from CND), notify users about important functionality changes to the CND Sites and about new products and services offered by CND and special offers that we believe users will find to be valuable, as well as generally allow us to better know our users and possibly tailor any specific features, promotions or other notifications to them. In addition, you may be asked to submit your PII when contacting us about questions, inquires or concerns or to provide services or support. When you provide PII on the CND sites, CND may store, process and use your PII in order to carry out the purpose for which such information was provided, enhance your experience on the CND Sites (including tailoring it to your preferences), and for the general promotion, marketing, and advertising activities related to the products and services that CND makes available from time to time.

 

CND may also enhance or merge your PII with data obtained from third parties, such as information provided by a co-sponsor of a particular promotion, which CND may then use for marketing and advertising activities. Certain services available on the CND Sites may be provided by third parties, including without limitation, sub-contractors, authorized vendors, and fulfillment companies, and CND may provide your PII to such third parties in order to deliver the requested service to you. CND may also share your PII with third party service providers, such as data processors, companies who send emails on our behalf, customer support specialists, Web hosting companies, etc. While these third party service providers are not authorized to retain, share, store or use your PII for any purposes other than to provide the services for which they have been hired to provide, these third parties may collect personally identifiable information about an individual consumer’s online activities over time and across different Web sites when a consumer uses the CND Sites. CND also reserves the right share, transfer or otherwise disclose your PII with trusted third parties that CND believes may be able to provide you with valuable offers. If you would rather us not share your PII with the any third party for their such third parties’ direct marketing purposes, please do not submit information to the CND Sites or let us know by following the "Do Not Share" procedures set forth in Section IX below. In addition, you agree that CND may transfer, sell, assign or otherwise dispose of or encumber PII to third parties in connection with the sale, merger, consolidation, change in control, transfer of all or substantially of the assets, bankruptcy, reorganization or liquidation of CND. In such case, you would not be entitled to any compensation arising from any such transfer, sale, assignment, disposition or encumbrance of your PII. Finally, CND may disclose PII when required to do so under applicable law, including but not limited to comply with a legal requirement, judicial proceeding court order or legal process served on us; to investigate a possible crime, such as fraud or identity theft; or when we believe it is appropriate to do so to protect the rights, property, or safety of our company or other persons.

 

You may at any time tell us that you: i) would like to review, update or have your PII deleted from CND’s database by following the directions in Section VII. "Reviewing, Updating or Deleting Your PII In CND’s Databases"; ii) would like to opt-out of receiving marketing emails or postal mail from CND by following the directions in Section VIII. "Opting Out Of Receiving Information From CND"; or iii) no longer want CND to share your PII with third parties for such third parties own direct marketing purposes by following the directions in Section IX. "Do Not Share List".

 

D. Cookies

 

We may also use a technology known as "cookies" (or any other technology now existing or hereafter developed providing similar tracking benefits to CND) to help you travel through the CND Sites and other Web sites linked to the CND Sites more easily and to help us understand how you and others use the CND Sites and other Web sites linked to the CND Sites. Specifically, we may use cookies (or such other technology) to: i) customize your visitation and experience on the CND Sites and other Web sites linked to the CND Sites; ii) provide you with custom-tailored content; iii) notify you of certain promotions, products and services that CND and other companies believe may be of interest to you; and iv) for any other purpose permitted under applicable law from time to time. Cookies are used by almost every Web site for these and similar purposes. Most browsers are initially set to accept cookies. You may, however, disallow reception of cookies at any time by resetting your web browser. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. That said, parts of the CND Sites will not function if you do not have cookies enabled. To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.

 

E. Collection and Use of IP Addresses

 

In addition, we collect IP addresses to obtain NPII on the Site. An IP address is a number assigned to your computer by a web server when you are on the web. When you are on our Site, we have a back-end server that logs your computer's IP address. We only use the information we find out from tracking IP addresses in the aggregate, such as how many users entered a specific area of our Site, and not to track a specific IP address to identify an individual user. However, we reserve the right to use such information to identify a user if safety and/or security issues arise or to comply with legal requirements.

 

III. Public Forums

 

From time to time you may be able to participate in certain activities on the CND Sites, such as chat rooms or bulletin boards, which will allow you the opportunity to communicate with CND or other users of the CND Sites. Unless otherwise noted, these activities are generally accessible to all users of the CND Sites and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums and when publishing any PII in these forums. You acknowledge and agree that CND does not review, censor, or in any manner control the content of these forums and consequently CND has no liability or responsibility whatsoever for information made available through these forums and that you will be liable to CND for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to CND's Terms and Conditions.

 

IV. Security

 

The security of your PII is important to us and we are committed to handling your information carefully. We restrict access to your PII to employees who need to know that information in order to provide services. In addition, we make reasonable efforts to follow generally accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security and any transmission is at your own risk.

 

V. Links to Other Sites

 

In an attempt to enhance the experience of visiting the CND Sites, CND may choose to link the CND Sites to various third party Web sites. However, CND may have no control over the acts or omissions of these linked Web sites, who each should have their own privacy policy and data collection practices, independent of CND and the CND Sites. CND has no liability or responsibility whatsoever for these linked Web sites or for their policies, practices and content. CND provides these links for the convenience of the visitors to the CND Sites and such visitors access these sites at their own risk. We encourage you to review the privacy policies and terms of use of any third-party sites or services.

 

VI. Children

 

CND is concerned about the safety of children when they use the Internet. However, the CND Sites are neither directed nor targeted to children under 18 years old. CND has no intention to knowingly collect any PII from individuals under the age of 18 years. If CND learns that a child under the age of 18 years has provided PII to the CND Sites without verifiable parental consent, CND will use commercially reasonable efforts to delete such information from its databases. If you believe your child, who is under 18, has submitted PII to the CND Sites, please contact us via one of the methods described on our Contact Us page. We strongly encourage parents to monitor their children's use of the Web.

 

VII. REVIEWING, UPDATING OR DELETING YOUR PII IN CND’S DATABASES

 

If you have previously submitted PII to CND through the CND Sites, and you would like to review, update, or have your PII deleted from our databases, please contact us via one of the methods described on our Contact Us page, and be sure to include complete information so that we can respond to your request: Please note that if you ask us to remove your PII from our database, we may, however, maintain your name or other necessary PII in a "do not mail" file to help us ensure that we can honor your request. Please note that we may share your PII with third parties, or otherwise transfer, sell, assign, dispose of or encumber your PII, prior to receiving your correspondence and we will not undertake any effort to cause such third parties with whom we have shared your PII or to whom we have transferred, sold, assigned, disposed of or encumbered your PII, to delete or update your PII, so if this concerns you, you should not share your PII with the CND Sites.

 

VIII. OPTING-OUT OF RECEIVING INFORMATION FROM CND

 

If you prefer not to receive marketing e-mails from CND, please let us know by i) contacting us through one of the methods described on our Contact Us page ii) by clicking on the unsubscribe link within any marketing e-mail you receive from us; or iii) by unselecting the subscribe box on your profile page. Please note that such requests may take up to ten (10) days to become effective.

 

Because information submitted in connection with employment inquiries is used only in the application process and not for marketing purposes, the procedures outlined in this section are not available with respect to such information.

 

IX. DO NOT SHARE LIST

If you do not wish to have PII collected at our Sites shared with third-party organizations for their own direct marketing or promotional purposes, you can have your name placed on a "do-not-share" list by sending a request to us through one of the methods described on our Contact Us page. Please be sure to include complete information so we can respond to your request: If we have received your "do not share" request after having shared, transferred or otherwise disclosed your PII to a third party, CND may not have any ability to control the use of such data by such third party (and we undertake no obligation to do so), so you agree that CND will have no responsibility or liability whatsoever as a result of the use of such data by such third party. You also agree that CND shall have no responsibility, obligation or liability to you for sharing, transferring or otherwise disclosing your PII with third parties prior to CND's implementing your "Do Not Share" notification. Therefore, if you are concerned about CND sharing, disclosing or transferring your PII to third parties, you should not provide such information to CND.

 

Because information submitted in connection with employment inquiries is used only in the application process and not for marketing purposes, the procedures outlined in this section are not available with respect to such information

 

X. Amendments To The CND Privacy Policy

 

PLEASE NOTE THAT WE MAY CHANGE OUR PRIVACY POLICY FROM TIME TO TIME TO CONFORM TO CHANGES IN THE LAW OR FOR OTHER REASONS, WHICH WE RESERVE THE RIGHT TO DO WITHOUT YOUR CONSENT AND SUCH REVISED POLICY WILL BE APPLICABLE AT THE TIME IT IS POSTED ON THE CND SITES. Your continued use of the CND Sites following the posting of changes to this Privacy Policy means you accept the changes.

 

XI. Inquiries

 

CND welcomes your feedback, questions, comments and concerns regarding your use of the CND Sites and any third party Web sites linked to the CND Sites. Inquiries regarding the CND Sites may be made by contacting us via one of the methods described on our Contact Us page, or send a letter to Consumer Services at Creative Nail Design, Inc., 1125 Joshua Way, Vista, California 92081. You can also send us your feedback on any third party sites linked to the CND Sites.

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