Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 365 days |
Commission type | Variable, depending on your lifetime sales volume. |
Base commission | Starting at 15% and based on sales volume |
Additional terms | 15% of Net Sales less returns is paid out to Ambassadors who are at the Affiliate level. Once the Affiliate hits $15,000, they will be enrolled in the Affiliate level and paid 20% of Net Sales less returns. If their net sales surpass $40,000, they will be enrolled in the Advocate level and paid 25% of Net Sales less returns. |
BRAND AMBASSADOR TERMS OF SERVICE
Erno Laszlo, LLC (“Company,”
“we,” “us” or “our”) is a doctor-founded skincare brand that has a mission of
providing its customers with healthy skin and mind through the direct purchase
of skincare products and rituals through the Company’s website located at: www.ernolaszlo.com (the “Site”). The Site is currently only available to
customers residing in the United States, Canada and United Kingdom.
In addition, the Company provides
entrepreneurship opportunities in connection with its ambassador program (“Ambassador
Program”) to you (“Ambassador(s),” “you” or “your”), which is administered through
Company’s online platform located at https://www.refersion.com/ (the “Platform”).
The Ambassador Program is made available in accordance with the following
Brand Ambassador Terms of Service (as amended from time to time, the “Terms of
Service”).
The Ambassador Program, and
each Ambassador’s participation in the Ambassador Program, shall be governed by
all applicable Company agreements including, without limitation, the Site’s
Terms and Conditions, the Erno Laszlo® Privacy Policy (“Privacy Policy”) and any other
terms, conditions and/or policies applicable to the Ambassador Program which
may be published on the Site and/or Platform from time-to-time (collectively, “Company
Agreements”). These Terms of Service are
hereby incorporated into the Company Agreements, and any and all terms and
conditions contained therein shall apply to these Terms of Service. Where there is a conflict between the terms
and conditions of these Terms of Service and those of the Company Agreements,
to the extent that they apply to the Ambassador Program, these Terms of Service
shall govern in all respects.
Please review the following
Terms of Service carefully prior to participating in the Ambassador Program. By
accessing, using, and/or downloading or sharing any materials from the Platform
and/or Ambassador Program, you agree to follow and be bound by these Terms of
Service, in their entirety. If you do not agree to these Terms of Service, and
all applicable Company Agreements, in their respective entirety, you may not
use the Platform and/or participate in the Ambassador Program in any way.
NOTICE: THESE TERMS OF
SERVICE CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES
AND INDEMNIFICATION PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL
BASIS OF THESE TERMS OF SERVICE.
YOU UNDERSTAND AND AGREE
THAT COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR
INABILITY TO PARTICIPATE IN THE AMBASSADOR PROGRAM AND/OR EARN ANY REVENUE IN
CONNECTION THEREWITH.
Requirements.
1.1
To become
an Ambassador, you must:
1.1.1
Be eighteen (18)
years of age or older (or the applicable age of majority, if greater than
eighteen (18) years of age in your jurisdiction of residence);
1.1.2
Have the capacity
to enter into legally binding contracts under applicable law;
1.1.3
Complete and
submit an Ambassador Application, and have that Ambassador Application accepted
by Company, which it may accept or reject in its sole and absolute discretion;
1.1.4
Provide the valid
Social Security Number (or National Insurance Number for UK; or Social
Insurance Number for Canada) that is associated with your legal name;
1.1.5
Provide a
complete and accurate: (a) Bank letter and W-9 tax form for residents of the US; (b) bank letter for residents
of the UK; or (c) bank letter for Canadian residents;
1.1.6
Provide a valid
email address;
1.1.7
Intentionally omitted
1.1.8
intentionally omitted
1.1.9
Not be in jail or
prison or otherwise confined to a correctional institution;
1.1.10
Not have ever
been convicted or plead no contest to a felony; and
1.1.11
Not be a current employee,
officer, director of Company.
1.2
Independent
Contractor; Ambassador Status:
1.2.1
These Terms of
Service do not establish Ambassador as an employee, partner or legal
representative of Company for any purpose whatsoever. It is understood and agreed between the
parties hereto that Ambassador is an independent contractor and, as such, is
not authorized to incur any obligation and/or make any contract, agreement,
warranty or representation on behalf of Company. Consistent with this independent contractor
relationship, Company and Ambassador agree that:
1.2.1.1
While engaged in
performing marketing services in connection with Ambassador’s participation in
the Ambassador Program (“Marketing Services”), Ambassador shall be responsible
for obtaining and paying for all permits and licenses, if any, necessary for
Ambassador to provide the Marketing Services.
Company assumes no liability or responsibility for the acts or omissions
of Ambassador in the performance of the Marketing Services.
1.2.1.2
Ambassador shall
devote such time, attention and energies to the Marketing Services described
herein as is required. However, Ambassador shall not be precluded from engaging
in any other business activity, whether or not such business activity is
pursued for gain, profit or other pecuniary advantage, as long as such other
business activity does not interfere or compete with the Marketing Services; provided,
however, for the duration of Ambassador’s participation in the Ambassador
Program, Ambassador agrees not to sponsor, promote, endorse or otherwise market
any luxury or premium skincare products other than the Company Products (as
defined below). As an independent contractor, Ambassador shall have the sole
and complete direction over the manner of performance of the Marketing Services,
subject to Company’s general satisfaction as to the manner of performance and
conduct of Ambassador and the other provisions of these Terms of Service. For
purposes of clarity, Company shall have no liability or responsibility for the
acts or omissions of Ambassador in the performance of the Marketing Services or
any other activities of Ambassador.
1.2.1.3
Ambassador will
not be considered for any purpose, under these Terms of Service or otherwise,
an employee of Company. The amounts paid
hereunder do not include any federal, state, or local taxes, which will be the
sole responsibility of Ambassador. Ambassador will not be entitled to any workers’
compensation, pension, retirement, insurance or other benefits afforded to
employees of Company, and will be responsible for payment of all applicable
workers’ compensation, disability benefits and unemployment insurance, and for
withholding and paying taxes with respect to Ambassador or any employee of
Ambassador. Ambassador shall be responsible for the payment of any and all
taxes and the satisfaction of all governmental (whether local, state or
federal) obligations which may arise by virtue of any payments made by Company
to Ambassador under these Terms of Service.
1.2.1.4
As between
Company and Ambassador, Company shall be the sole and exclusive owner of any
and all data associated with consumers who transact, opt-in, or engage with
Company and/or the Site (“Consumer Data”).
1.2.2
In order to
access the Platform and participate in the Ambassador Program, you must create
a member account on the Platform (“Account”).
1.2.3
Ambassador must
remain active with an Account in good standing on the Platform in order to continue
receiving commissions and participating in the Ambassador Program. In order to maintain an Account in good
standing, Ambassador must continue to generate Net Revenue from Company Product
sales during each rolling three hundred and sixty-five (365) day period (the
“Good Standing Requirements”); provided, further, that in order to
satisfy the Good Standing Requirements necessary to maintain Affiliate
Ambassador Status (as defined below), you must generate the greater of: (a)
fifty percent (50%) of the Net Revenue (as defined below) that you generated in
the prior rolling three hundred and sixty-five (365) day period; or (b) Ten
Thousand Dollars ($10,000) in Net Revenue during each rolling three hundred and
sixty-five (365) day period.
1.2.3.1 All newly enrolled Ambassadors will have a ninety (90) day probation period and will need to generate a minimum of One Thousand Dollars ($1,000) Net Sales during the probation period to remain in the program. Thereafter, all Ambassadors must generate a minimum of Two Thousand Dollars ($2,000) in Net Sales every quarter to continue with the program.
1.2.4
The registration
data that you must supply in order to register as an Ambassador may include,
without limitation, some or all of the following: (a) your full name; (b) your
username and password; (c) your e-mail address; (d) your mailing address; (e)
your date of birth; (f) your telephone number; (g) your Social Security Number;
and/or (h) any other information requested by Company on the applicable Form
(collectively, “Registration Data”). Each Ambassador agrees to
provide true, accurate, current and complete Registration Data, as necessary,
in order to maintain it in up to date and accurate fashion. You can
access and modify your Registration Data at any time by signing-in to your
Account. Company’s use of Registration Data shall be
governed by the Privacy Policy. For a
copy of the Privacy Policy, please Click Here.
1.2.5
You are
responsible for maintaining the confidentiality of your password, username and Account
and are fully responsible for any and all activities that occur under your
password, username and/or Account. You agree to: (a) immediately notify us of
any unauthorized use of your password, username and/or Account or any other
breach of security; and (b) ensure that you log out from your Account at the
end of each session when accessing the Ambassador Program from the Platform. We
will not be liable for any loss or damage arising from your failure to comply
with this Section 1.2.5.
1.2.6
You acknowledge
that we may establish general practices and limits concerning use of the Ambassador
Program including, without limitation, the maximum period of time that
statistics, data or other content will be retained by Company, and the maximum
storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or
liability for the deletion or failure to store any data or other content
maintained or uploaded by you by and/or through the Platform. You acknowledge
that we reserve the right to terminate Accounts that are inactive for an
extended period of time, in our sole discretion. You further acknowledge that
we reserve the right to change these general practices and limits at any time,
in our sole discretion, with or without notice to you.
1.2.7
We reserve the
right at any time, with or without notice to you, to modify or discontinue,
temporarily or permanently, the Ambassador Program and/or the Platform (or any
part thereof). You agree that we will not be liable to you or to any third
party for any modification, suspension, or discontinuance of the Platform
and/or the Ambassador Program.
1.2.8
You hereby grant
to Company and its affiliates, and each of their respective direct and indirect
successors, licensees, and assigns, the right to use your Ambassador Posts and
Ambassador Creative (as those terms are defined below), name, image, likeness,
and biographical, professional, and other identifying information (including
information you provide to us and any other information about you that is
publicly available) to advertise and promote Company and/or any Company Product
featured in any Ambassador Post. You waive
the right to inspect or approve any use of same as contemplated in these Terms
of Service.
2
The Ambassador
Program.
2.1
Once you
successfully register for an Account as an Ambassador, you will be provided
with a unique referral code (“Ambassador Referral Code”), as well as a link
containing your Ambassador Code (“Ambassador Referral Link”).
2.2
In connection
with your Marketing Services, you shall be permitted to promote and market the
Company products, services and promotions (collectively, “Company Products”):
(a) by and through posts (“Ambassador Posts”) containing your Ambassador
Referral Link posted on your social media account pages (“Social Media Accounts”);
(b) via e-mail containing your Ambassador Referral Link (“Ambassador E-mail”)
sent to individuals in your personal and/or commercial database (collectively,
“Ambassador Database,” and together with the Ambassador Posts, Social Media
Posts and Ambassador E-mail, the “Ambassador Media”).
2.3
You will be able
to browse the Platform for special offers, photography assets, creative
material and other media for use in connection with your Marketing Services (collectively,
“Company Creative”). Ambassador may not edit, modify or otherwise make any
changes to any Company Creative in any manner, whatsoever. Unless otherwise indicated by Company, Ambassador
shall have sole discretion with respect to the creation of the “subject” and
“from” lines used in connection with any Ambassador E-mail sent hereunder. The parties understand and agree that Company
is the sole owner and/or licensee of any and all intellectual property rights
associated with the Company Creative.
During the Term of Ambassador’s participation in the Ambassador Program
only, Company grants to Ambassador a limited, revocable, non-transferable,
non-exclusive, royalty-free license to use the Company Creative, including the
trademarks, service marks, trade names and logos that Company may adopt from
time to time (“Company Marks”) solely and exclusively as necessary to perform
its Marketing Services hereunder.
Except as expressly set forth in this Section 2.3, nothing contained in
these Terms of Service will grant to Ambassador any right, title or interest in
or to the Company Marks and/or Company Creative.
2.4
Ambassador may
use its own video, audio, images, graphics, links, copy or other creative
material in connection with its Marketing Services hereunder (collectively,
“Ambassador Creative” and together with the Company Creative, the
“Creative”). Upon Company’s request, all
Ambassador Creative must be submitted to Company for Company’s use of same as
contemplated hereunder, including in Section 1.2.8. Upon Company’s request, Ambassador shall
remove and delete any Ambassador Creative from the Ambassador Media within (1)
business day of receipt of Company’s request.
Ambassador shall be fully responsible for all aspects of the Ambassador
Creative.
2.5
The “followers”
on your Social Media Accounts and recipients of your Ambassador E-mail will be
able to click on your Ambassador Referral Link and purchase Company Products.
2.6
You will get one
(1) successful referral (each, a “Referral”) for each individual that is not
yet a customer of Company where that individual: (a) accesses the Company Site
via your Ambassador Referral Link; and (b) purchases Company Products within
ninety (90) days of accessing the Company Site (collectively, “Qualifying
Purchase Activity”). If a prospective
Referral does not: (i) access the Site via the Ambassador Referral Link; and
also (ii) complete the Qualifying Purchase Activity; then that prospective
Referral shall not be considered a valid Referral, and you will not receive any
commission payments for that Referral. Where
a prospective Referral has purchased Company Products at any time in the past,
that prospective Referral shall not be considered a valid Referral hereunder.
2.7
You may not complete
Qualifying Purchase Activity under
aliases in order to earn additional Referrals (“Self-Referral”). COMPANY RESERVES THE RIGHT TO INVALIDATE ANY
PROSPECTIVE REFERRAL (AND INVALIDATE AND/OR REQUIRE A REFUND OF ALL ASSOCIATED COMMISSION
PAYMENTS) WHERE COMPANY DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT
THE REFERRAL IS A SELF-REFERRAL OR WAS OTHERWISE GENERATED IN VIOLATION OF
THESE TERMS OF SERVICE.
2.8
COMPANY IS NOT
RESPONSIBLE FOR AMBASSADOR REFERRAL LINKS, CREATIVE, ATTEMPTED QUALIFYING
PURCHASE ACTIVITY AND/OR AMBASSADOR MEDIA THAT IS DEFECTIVE, LOST, LATE,
ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR ANY AMBASSADOR
REFERRAL LINK FAILURE. ALL
DETERMINATIONS REGARDING REFERRALS, AMBASSADOR REFERRAL LINKS, QUALIFYING PURCHASE
ACTIVITY AND CORRESPONDING COMMISSION PAYMENTS, AS APPLICABLE, SHALL BE MADE BY
COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON
ALL PARTIES INVOLVED.
2.9
Successful
Referrals will be tagged with your “Refersion ID” that will be used to pay you
a commission based on Company Product sales relative to your Ambassador Status
(as defined below) and so long as your Ambassador Status remains active, and
you satisfy all Good Standing Requirements.
2.11 Without limiting any other provisions set forth
herein, the Ambassador Creative and Ambassador Media: (a) must only include
factual statements about Company and those Company Products which you have
experienced personally, which you know for certain are true and which can be
proven or verified; and (b) must comply with the rules of all applicable social
media platforms.
2.12 You may not distribute any Ambassador Creative that
you did not create or that you do not own all right, title and interest in and
to including, without limitation, all copyright and rights of publicity
contained therein. In connection with the Ambassador Creative, you represent
and warrant that: (a) you own or have the necessary licenses and other rights
to use and authorize Company to use the Ambassador Creative, and the associated
patent, trademark, copyright, trade secret and other intellectual property and
proprietary rights therein, in connection with the Platform and these Terms of
Service; and (b) you have the approved consent obtained from a registration
form and/or written agreement, digital or paper, release and/or permission of
each identifiable individual person providing Ambassador Creative, to use the
name and likeness of such identifiable individual person to enable the
inclusion and use of the Ambassador Creative as contemplated by these Terms of
Service.
2.13 You must also strictly comply with and prominently
display the following disclaimer (as it appears in quotation marks) on your
Social Media Accounts at all times during your participation in the Ambassador
Program:
“This profile discusses my
policies related to recommendations, endorsements, product discussions, and
reviews posted online. To the extent that any of my posts, tweets, or other
online communications do not indicate otherwise, you should assume that all of
the following applies:
Marketing
Restrictions/Prohibited Uses.
3.1 Prohibited Use.
You agree that your use of
the Platform and/or your participation in the Ambassador Program will not:
Further, you agree not to
display, distribute, license, perform, publish, reproduce, duplicate, copy,
create derivative works from, modify, sell, resell, exploit, transfer or upload
for any commercial purposes, any portion of the Platform. Unless otherwise
expressly agreed by us, the Platform and/or Ambassador Program are for your
personal use.
3.2 Marketing
Requirements. In addition to, and without limiting, any obligations
and/or restrictions set forth herein and in the Company Agreements, you agree
to the following “Marketing Requirements” in connection with your Marketing
Services:
(a) Without
receiving Company’s prior written approval in each instance, you shall not use
ANY “incentivized marketing” or establish, or cause to be established, any
promotion that provides any sweepstakes entries, rewards, points or other
compensation to be earned in connection with your Marketing Services, nor
create the appearance of incentivized marketing.
(b) For
purposes of these Terms of Service, “Prohibited Conduct” is defined as those
instances where you engage in any of the following: (i) any Marketing Services via
facsimile or telemarketing; (ii) any Marketing Services in connection with
mobile telephones or portable electronic devices via SMS, Smart Messaging, EMS,
MMS or any other type of text messaging service or protocol unless pre-approved
by Company in writing in each instance; (iii) violations of the terms of
service of, or Abusing, social media websites in connection with your Marketing
Services (for purposes of these Terms of Service, “Abuse” shall mean spamming,
sending any unsolicited mass mailing or instant messaging, using social media
websites for commercial purposes (without Company’s prior written consent),
making any automated use of applicable social media website’s systems, such as
using scripts to send bulletins or other communications, or any other activity
that violates the applicable social media website’s terms of service); (iv)
soliciting personal information from any potential Referral; (v) any unlawful
commercial activities; (vi) any fraudulent or deceptive activity; and/or (vii)
any conduct that Company objects to, in writing, at least forty-eight (48)
hours in advance.
(c) You shall not place any Creative in, on or through any
e-mail messages or online venue that contains, promotes, references or has
links to: (i) web pages with no content; (ii) profanity, sexually explicit
material, hate material, material that promotes violence, discrimination based
on race, sex, religion, nationality, disability, sexual orientation, age or
family status, or any other material deemed unsuitable or harmful to the
reputation of Company; (iii) piracy (of software, videos, audio/music, books,
video games, etc.) hacking/cracking/phreaking, emulators/ROMs, or distribution
of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts
or practices; (vi) violations of the rights of others, such as intellectual
property or privacy rights; (vii) personal web pages, non-English language
pages, free hosted pages or venues under construction; or (viii) activities
generally understood as Internet abuse including, but not limited to, the
sending of unsolicited bulk electronic mail.
(d) Unless authorized by Company in writing, in advance, you
may not use any Company Marks and/or third-party trademarks or any other term
excluded by Company in any manner in connection with your Marketing Services. This prohibition includes, but is not limited
to, purchasing keywords from search engine service providers (“Paid Search
Networks”), or purchasing inclusion in search engine networks (“Paid Inclusion
Networks”), where the associated keywords include the trademark, service mark
and/or brand name of any third-party including, without limitation, any Company
Marks, or any derivative or misspelling of any such trademark, service mark or
brand name. Without limiting the
foregoing, you must not violate the rules, requirements or regulations of any
Paid Search Network or Paid Inclusion Network, and you shall fully indemnify
and hold harmless Company from and against any and all liability arising from
or in connection with any such violation.
3.3 Termination.
You agree that we, in our
sole discretion, may suspend or terminate (with or without notice) your Account
and/or your participation in the Ambassador Program, for any reason, including,
without limitation, if your Ambassador Referral Code is found on any public websites or if we believe that you have violated or acted
inconsistently with the letter or spirit of these Terms of Service. You agree that, upon Account termination, we
may immediately deactivate or delete your Account and all related information
and files in your Account and/or bar any further access to such files or the
Platform. Further, you agree that we will not be liable to you or any third
party for any termination of your access to your Account or the Platform.
3.4 Non-Disparagement.
Each party hereby agrees that
during the term of Ambassador’s participation in the Ambassador Program, and at
all times thereafter, she/he/it will not make any statement that is disparaging
about the other party (including the Company Products), any of such party’s
officers, directors, shareholders, members or employees including, but not
limited to, any statement that disparages the products and/or services,
finances, financial condition, capabilities or other aspect of the business of
such party (including the Company Products), except if testifying truthfully
under oath pursuant to subpoena or other legal process or otherwise responding
to or providing disclosures required by law in connection with an investigation
by a governmental or law enforcement agency.
Each party further agrees that during the same period, she/he/it will
not engage in any conduct that is intended to inflict harm upon the
professional or personal reputation of the other party (including the Company
Products) or any of their respective officers, directors, shareholders, members
or employees.
3.5 Code of Conduct.
Ambassador agrees to conduct herself/himself
with due regard to public conventions and morals, and agrees that she/he will
not do or commit any act or thing that will tend to degrade the Ambassador
and/or Company in society or bring into public hatred, contempt, scorn, or ridicule,
or that will tend to shock, insult, or offend the community or ridicule public
morals or decency, or prejudice Company in general. In the event that Company reasonably believes
that Ambassador has violated this standard, Ambassador agrees that: (a) Company
may immediately terminate Ambassador’s participation in the Ambassador Program
and cease payment of any and all further Commissions due Ambassador hereunder;
and (b) Ambassador will indemnify, defend and hold harmless Company, its
shareholders, officers, directors and employees from and against any and all
damage to Company’s reputation, goodwill and standing in the industry, as well
as any loss, cost, claim, injury or damage (including reasonable attorney’s
fees), associated with any breach, or alleged breach, of this Section 3.5. If Ambassador becomes aware of any criminal
investigation, arrest, indictment, litigation, audit or investigation
concerning Ambassador or any practices or procedures that may impact Ambassador’s
marketability, then Ambassador is required to provide Company with written
notice within five (5) business days of first being made aware of such
proceeding setting forth in detail the nature of the litigation, audit or
investigation, as applicable.
Payment.
4.1 General Terms.
For as long as your Account
remains active and you satisfy the Good Standing Requirements, you will earn
commissions (“Commissions”) based on the Net Revenue derived from Company
Product sales, in the aggregate, to your Referrals based on the tier structure
set forth below (“Ambassador Status”).
For purposes of these Terms of Service, “Net Revenue” means gross
revenue less chargebacks, refunds or bad debt.
• You will achieve “Affiliate” Ambassador Status and
receive a Commission of Fifteen Percent (15%) of all Net Revenue where your
total Net Revenue is between $0-$15,000 for each rolling 365-day period.
• You will achieve “Associate” Ambassador Status and
receive a Commission of Twenty Percent (20%) of all Net Revenue, prospectively,
where your Net Revenue is between $15,001-$40,000 for each rolling 365-day
period
• You will achieve full “Advocate” Ambassador Status and
receive a Commission of Twenty-Five Percent (25%) of all Net Revenue,
prospectively, where your Net Revenue exceeds $40,001 for each rolling 365-day
period.
Upon termination of your
Account, termination of the Ambassador Program or your failure to satisfy all Good
Standing Requirements, you shall immediately cease earning any further
Commissions.
4.2 Taxes.
You are responsible for
paying any and all taxes related to any Commissions paid to you in connection
with the Ambassador Program. Company
reserves the right to withhold taxes from Commission payments, as
appropriate.
6. Disclaimer of
Warranties.
YOUR USE OF THE COMPANY
CREATIVE, PLATFORM AND/OR AMBASSADOR PROGRAM IS AT YOUR SOLE RISK. THE COMPANY
CREATIVE, PLATFORM AND AMBASSADOR PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT: (a)
THE COMPANY CREATIVE, PLATFORM AND/OR AMBASSADOR PROGRAM WILL MEET YOUR
REQUIREMENTS, (b) THE COMPANY CREATIVE, PLATFORM AND/OR AMBASSADOR PROGRAM WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE
OBTAINED FROM PARTICIPATION IN THE AMBASSADOR PROGRAM WILL BE ACCURATE OR
RELIABLE; AND/OR (d) THAT BY PARTICIPATING IN THE AMBASSADOR PROGRAM YOU WILL
EARN ANY REVENUE OR RECEIVE ANY COMPENSATION WHATSOEVER.
7. Limitation of
Liability.
IN NO EVENT SHALL COMPANY BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS AND LOST PROFITS, WHETHER BASED IN
CONTRACT, TORT OR ANY OTHER THEORY.
COMPANY WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THESE TERMS OF
SERVICE, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THESE TERMS OF
SERVICE AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND COMPANY’S
CONTROL. NOTWITHSTANDING ANYTHING
CONTAINED HEREIN TO THE CONTRARY, COMPANY’S LIABILITY UNDER ANY CAUSE OF ACTION
SHALL BE LIMITED TO THE AMOUNTS PAID TO AMBASSADOR BY COMPANY PURSUANT TO THESE
TERMS OF SERVICE DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
THE FOREGOING LIMITATION OF
LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE
LAWS OF SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AMBASSADOR
PROGRAM OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE YOUR PARTICIPATION IN THE AMBASSADOR PROGRAM.
8. Arbitration; Class
Action Prohibition.
These Terms of Service shall
be treated as though they were executed and performed in New York, New York and
shall be governed by and construed in accordance with the laws of the State of
New York (without regard to conflict of law principles). The parties hereby
agree to arbitrate all claims that may arise under these Terms of Service.
Without limiting the foregoing, should a dispute arise between the parties
including, without limitation, any matter concerning the Ambassador Program,
the terms and conditions of these Terms of Service or the breach of same by any
party hereto: (a) the parties agree to submit their dispute for resolution by
arbitration before the American Arbitration Association (“AAA”) in New York,
NY, in accordance with the then current Commercial Arbitration rules of the
AAA; and (b) you agree to first commence a formal dispute proceeding by completing
and submitting an Initial Dispute Notice which can be found here.
We may choose to provide you with a
final written settlement offer after receiving your Initial Dispute Notice
(“Final Settlement Offer”). If we provide you with a Final Settlement Offer and
you do not accept it, or we cannot otherwise satisfactorily resolve your
dispute and you wish to proceed, you must submit your dispute for resolution by
arbitration before the AAA, in your county of residence, by filing a separate
Demand for Arbitration, which is available here. For
claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the
arbitration proceeds in person, by telephone or based only on submissions. If
the arbitrator awards you relief that is greater than our Final Settlement
Offer, then we will pay all filing, administration and arbitrator fees
associated with the arbitration and, if you retained an attorney to represent
you in connection with the arbitration, we will reimburse any reasonable
attorneys' fees that your attorney accrued for investigating, preparing and
pursuing the claim in arbitration. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in any court of
competent jurisdiction. Although we may have a right to an award of attorneys'
fees and expenses if we prevail in arbitration, we will not seek such an award
from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by
law, you agree that you will not bring, join or participate in any class action
lawsuit as to any claim, dispute or controversy that you may have against Company
and/or its employees, officers, directors, members, representatives and/or
assigns. You agree to the entry of injunctive relief to stop such a lawsuit or
to remove you as a participant in the suit. You agree to pay the attorney's
fees and court costs that Company incurs in seeking such relief. This provision
preventing you from bringing, joining or participating in class action
lawsuits: (i) does not constitute a waiver of any of your rights or remedies to
pursue a claim individually and not as a class action in binding arbitration as
provided above; and (ii) is an independent agreement. You may opt-out of these
dispute resolution provisions by providing written notice of your decision
within thirty (30) days of the date that you first attempt to register for an
Account..
9. Force Majeure.
Neither party will be liable,
or be considered to be in breach of these Terms of Service, on account of such party’s
delay or failure to perform as required under the terms of these Terms of
Service as a result of any causes or conditions that are beyond such party’s
reasonable control and that such party is unable to overcome through the
exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs
including, without limitation, acts of God, fires, explosions,
telecommunications, Internet or network failure, results of vandalism or
computer hacking, storm or other natural occurrences, national emergencies
(which includes, but is not limited to, any disruption caused by COVID-19,
commonly referred to as “coronavirus,” and any governmental and/or private
sector response thereto), acts of terrorism, insurrections, riots, wars,
strikes or other labor difficulties, or any act or omission of any other person
or entity, the affected party will give the other party prompt written notice
thereof and will use commercially reasonable efforts to minimize the impact of
any such event.
10. Miscellaneous.
10.1 General.
These Terms of Service,
together with the Company Agreements, constitute the entire agreement with
respect to your use of the Ambassador Program, Platform and Site. Our failure
to exercise or enforce any right or provision of these Terms of Service will
not constitute a waiver of such right or provision. If any provision of these
Terms of Service is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the other provisions
of these Terms of Service remain in full force and effect. You agree that,
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Platform, participation in the
Ambassador Program or these Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section
titles in these Terms of Service are for convenience only and have no legal or
contractual effect. Neither party shall,
without the prior written consent of the other party, assign its rights or
delegate its duties under these Terms of Service, which consent shall not be
unreasonably withheld, delayed or conditioned; provided, however, that
either party may, in the event of a merger, acquisition, joint venture, or sale
of substantially all of such party’s assets or business (or any substantially
similar transaction), assign these Terms of Service without the consent of the
other party. The provisions of these Terms of Service shall be binding upon and
inure to the benefit of the parties and their permitted successors and assigns.
10.2 Modification of these
Terms of Service.
Company may modify these Terms of
Service and/or terminate the Ambassador Program at any time, in its sole
discretion, by posting amended Terms of Service, or a termination notice, by
and through the Site and/or Platform, or by sending an e-mail to the e-mail
addresses associated with the applicable Ambassadors. Such notice shall be effective immediately
after it is posted or e-mailed, as applicable; provided, however, that no such modification or termination shall
affect: (a) Commissions that have already been earned as of the date of the modification or
termination notice; and/or (b) the dispute resolution provisions applicable to
any dispute that arose prior to the modification or termination. If
you do not agree to abide by these or any future Terms of Service, please
voluntarily terminate your Account or contact us at: [email protected] and we will terminate your Account for you. It is
your responsibility to regularly check the Site to determine if there have been
changes to these Terms of Service and to review such changes.
10.3 Electronic
Signatures. Ambassador acknowledges and agrees that Ambassador
accepts these Terms of Service and any and all Company Agreements via
electronic means rather than via traditional handwritten signature (“Electronic
Acceptance”). Ambassador acknowledges
and agrees that by clicking on the submit button, or taking such other action
as may be designated by Company as a means of accepting these Terms of Service
and/or any and all Company Agreements, Ambassador is submitting a legally
binding electronic signature and is entering into a legally binding
contract. Ambassador acknowledges that Ambassador’s
electronic submission constitutes Ambassador’s agreement and intent to be bound
by these Terms of Service and any and all Company Agreements. Pursuant to any and all applicable statutes,
regulations, rules, ordinances or other laws including, without limitation, the
United States Electronic Signatures in Global and National Commerce Act, P.L.
106-229 (the “E-Sign Act”) and other similar state and federal statutes, AMBASSADOR
HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER
RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PLATFORM, THE SITE AND/OR ANY
OTHER WEBSITES AND/OR SERVICES OPERATED BY COMPANY. Further, Ambassador hereby waives any rights
and/or requirements under any statutes, regulations, rules, ordinances or other
law in any jurisdiction which requires an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by other than electronic means. Ambassador
acknowledges and agrees that it has the ability to print information delivered
to Ambassador electronically, or otherwise knows how to store that information
in a way that ensures that it remains accessible to Ambassador in unchanged
form. A printed version of these Terms of Service, any and all Company
Agreements, and of any notice given in electronic form will be admissible in
judicial or administrative proceedings based upon or relating to these Terms of
Service to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
10.4 Questions? Concerns? Suggestions?
Please contact us at: [email protected] to report any violations of these Terms of Service or
to pose any questions regarding these Terms of Service, the Platform and/or the
Ambassador Program.
Erno Laszlo takes your privacy seriously.
The following principles guide our treatment of your personal information:
We at Erno Laszlo, Inc. (“Erno Laszlo”) respect your privacy and recognize the need to protect and appropriately manage the personal information you share with us (the phrase “personal information” means any information by which you can be identified, such as your name, telephone number, payment information, or postal or email address as well as any other data determined to be personal information under any and all applicable U.S. privacy laws). This Erno Laszlo Privacy Policy (“Privacy Policy”) describes the types of personal information we may collect on the website located at www.ErnoLaszlo.com (the “Site” or “ErnoLaszlo.com”), how we use the information, with whom we may share it, and the choices you have regarding our use of the information.
BY ACCESSING AND/OR USING THE SITE, YOU EXPRESSLY AGREE TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL INFORMATION SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY.
Please note, if you are a resident of a European Union Member State, you are not permitted to access and/or use the Site.
Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by emailing us at: [email protected]; calling us at: (888) 352-7956; or sending us U.S. mail to: ERNO LASZLO, Inc., Corporate Headquarters, 129 W 29th Street, 7th Floor, New York, NY 10001.
Shine the Light. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: [email protected]; call us at: (888) 352-7956; or send us U.S. mail to: ERNO LASZLO, Inc., Corporate Headquarters, 129 W 29th Street, 7th Floor, New York, NY 10001. Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: [email protected]; call us at: (888) 352-7956; or send us U.S. mail to: ERNO LASZLO, Inc., Corporate Headquarters, 129 W 29th Street, 7th Floor, New York, NY 10001. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law. California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your Personal Information, as well as the right to know what Personal Information about you we have collected, whether your Personal Information was shared with third-parties in the preceding year and, if so, what categories of Personal Information were shared, as well as the categories of third parties with whom we shared that Personal Information. Please see our “Privacy Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California State resident.
Below are links to key sections of our Privacy Policy:
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: [email protected]; call us at: (888) 352-7956; or send us U.S. mail to: ERNO LASZLO, Inc., Corporate Headquarters, 129 W 29th Street, 7th Floor, New York, NY 10001.
Please see our Provisions for California Residents below for additional details regarding the categories of personal information collected. Information Collected Directly. When you visit ErnoLaszlo.com, you may provide information such as your name, shipping and billing address, email address, telephone number, payment card information, age, skin characteristics, behaviors, and conditions, lifestyle, climate of where you live, how much water you drink and how often you consume caffeine and alcohol, and other information such as product preferences. You may also provide contact information about your friends and family, for example if you purchase an eGift Card for a friend. We also maintain a record of your online product purchases. You may choose that you do not want to provide some or all of this information. Please note that, if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our Site. Cookies. In addition, when you visit our Site, we collect certain information by automated means, such as “cookies.” The information we collect in this manner may include IP address, browser type, operating system, referring URLs or Internet domain addresses from which you visit us, information on actions taken on the Site, and dates and times of your visits to the Site. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. To find out more about cookies, please visit www.cookiecentral.com. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of the Site’s features. IP Addresses/Browser Type. We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site and associated offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site and associated offerings. Interactive Services. The Site may provide you with the opportunity to post content publicly in various comments sections and other interactive features (collectively, “Community Forums”). You may choose to post or disseminate content on a Community Forum (or otherwise directly to Erno Laszlo), such as product reviews, product tips and tricks, photographs, writings, pictures, data, questions, comments, or suggestions (collectively, “User Content”). Where you submit User Content to Erno Laszlo, you irrevocably grant to Erno Laszlo the worldwide right and license to use, reuse and publish that User Content, in any and all forms of marketing and promotional material including, without limitation, print advertisements ("ads"), online ads, ads and other promotions appearing on Erno Laszlo’s social media pages and other social media websites, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively, “Ads”), and for any and all other uses as deemed appropriate by Erno Laszlo in its sole discretion. You understand and agree that: (a) the User Content, in whole or in part, may be edited and/or dramatized, and that any part of the User Content may be used without compensation to you; and (b) no ad or other material incorporating or making reference to the User Content need be submitted to you for approval and Erno Laszlo shall be without liability to you whatsoever for any distortion or illusionary effect resulting from the publication of the User Content. Please use caution and common sense when posting User Content. Any User Content and/or other information that you post to the Site using any such Community Forums or functionality, including any personal information that you choose to post, will be shared with other Site users and can be read by other users of the Site and by the public on the Internet. When you post User Content, your chosen display name is displayed along with your post. By posting User Content, you consent to allow other users to access what you have posted and to see your public profile. The contents of your User Content postings, and your linked profile, will be freely available to the public on the Internet. To request removal of your personal information and/or User Content from our Community Forums, please contact us at [email protected]. In some cases, subject to applicable law, we may not be able to remove your personal information and/or User Content, in which case we will let you know if we are unable to do so and why. For more information about such Community Forums and related functionality, please carefully review our Terms and Conditions. Social Media Websites. We may also provide social media features on the Site that enable you to share Erno Laszlo information with your social networks/social media websites (such as Facebook) (collectively, “Social Media Websites”) and to interact with Erno Laszlo on various Social Media Websites. Your use of these features/Social Media Websites may result in the collection or sharing of information about you. We consider information collected from or shared through any such Social Media Websites/features as public information because the third party Social Media Websites make it publicly available. We encourage you to review the privacy policies and settings on the social media sites with which you interact to help you understand those sites’ privacy practices. If you access the Site through Social Media Websites, we may access and store information through an interface provided by the applicable Social Media Website(s). We collect this information in accordance with the applicable Social Media Websites’ privacy policies and terms of use/terms of service. We are not responsible for the personal data that you choose to submit on, or link to, any Social Media Websites. The Social Media Websites operate independently from Erno Laszlo, and we are not responsible for the Social Media Websites’ interfaces and/or privacy or security practices. We encourage you to review the privacy policies and settings on the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of Social Media Websites that you use, please refer to their privacy notices or policies.
Please see our Provisions for California Residents below for details regarding our use of personal information. We use the information we collect on ErnoLaszlo.com to:
By submitting your personal information by and through the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from Erno Laszlo, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide consent under the TCPA in order to obtain access to the Site Offerings, and your consent simply allows Erno Laszlo to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Erno Laszlo of the Phone Number Change via e-mail at: [email protected], or by using one of the methods set forth in the “Contact Us” section below.
By collecting information through cookies and other automated means on our Site, we learn how to best tailor the Site to our visitors. We use cookies to uniquely identify the electronic shopping basket you may create on the Site and enable users to retrieve shopping baskets they previously created. We also may use cookies to identify and authenticate users, tailor our products and services to suit your personal interests, process your order, and analyze your visiting patterns on our Site and other trends and statistics regarding your use of our Site and the sites from which you visited us (referrers). We do not use cookies to track your Internet browsing activities before or after you visit the Site.
We may also combine information you give us at the Site with information you provide us in stores or through our catalogs. In addition, we may combine the information you give us at the Site with publicly available information and information we receive from third parties. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes. Any personal information that is aggregated with non-personal information will be treated as personally identifiable information under this Privacy Policy until it can no longer be used to identify you.
Certain third parties, such as Google® and AdWords®, place cookies or other tracking technology on the Site that track users’ activities after they leave the Site. Users may opt out of Google's® use of cookies by visiting the Google advertising opt-out page. In addition, users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance. Further, visitors may be able to disable such tracking by utilizing the “Do-Not-Track” or similar options within most major Internet browsers; provided, however, that the effectiveness of the Do-Not-Track options depends on the policies of the applicable third party, such as Google® and AdWords®.
Please see our Provisions for California Residents below for details regarding our sharing of personal information. We may share personal information with service providers that perform services on our behalf (such as credit card processing, shipping, data management or promotional services). We also may provide the information to our business partners, representatives, affiliates, or third parties to enable such persons or entities to communicate with you regarding Erno Laszlo products and services, offers, events and promotions that may be of interest to you. We also share your information with stores to fulfill your orders.
We share your information with third parties in order to facilitate your participation in our eGift Card Program and our ME+ Rewards Loyalty Program. Third parties with whom we share your personal information have agreed to be bound to maintain and use it securely and only in accordance with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party service providers.
We reserve the right to release current or past personal information: (a) in the event that we believe that the Site is being or have been used to commit unlawful acts; (b) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena; or (c) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Erno Laszlo is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission. By submitting your personal information to us, you expressly consent to our sharing your personal information, as set forth above.
NO PURCHASE NECESSARY TO ENTER OR WIN A CARE PACKAGE (AS DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Overview:
The Celebrate The Bold & The Brave (SKIN)CARE Package Giveaway ("Giveaway") is sponsored by Erno Laszlo, Inc. ("Sponsor"). The Giveaway is a promotional program intended to help recognize and reward individuals who are contributing to their communities in the effort to combat and mitigate the effects of the COVID-19 virus.
BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THESE CELEBRATE THE BOLD & THE BRAVE (SKIN)CARE PACKAGE GIVEAWAY OFFICIAL RULES ("RULES"). PLEASE REVIEW THE RULES CAREFULLY. IF YOU DO NOT AGREE TO THE RULES IN THEIR ENTIRETY, YOU ARE NOT PERMITTED TO ENTER THE GIVEAWAY. All federal, state and local laws, rules and regulations apply. By entering the Giveaway, you agree to the Giveaway winner selection and decisions of Sponsor, which are final and binding in all respects. By entering the Giveaway, you agree to receive telemarketing, e-mail and direct mail marketing messages from Sponsor and its corporate affiliates. Except as contemplated in these Rules, personal information collected in connection with the Giveaway will be used in accordance with the Erno Laszlo Privacy Policy ("Privacy Policy") featured on the Erno Laszlo website located at www.ernolaszlo.com (the "Site"). See the Privacy Policy for further details.
Giveaway Period:
The Giveaway begins at 12:00str a.m. Eastern Standard Time ("EST") on April 1, 2020 and ends on the earlier of: (a) 11:59:59 p.m. EST on September 1, 2020; or (b) the date that Sponsor awards two thousand seven hundred (2,700) Care Packages to Nominees (as defined below) ("Giveaway Period"). Sponsor is the official time-keeper for this Giveaway. Sponsor will stop accepting entries/Nominees upon the expiration of the Giveaway Period.
Eligibility:
This Giveaway is open to all residents of the fifty (50) United States and the District of Columbia (Washington D.C.) who are over the eighteen (18) years of age in their states of residence, excluding residents of Puerto Rico and where the Giveaway is otherwise prohibited by law. Employees, officers and directors of Sponsor, and its legal representatives, affiliates, parent, subsidiaries, advertising, promotional, fulfillment and marketing agencies and other contractors and their immediate families (and those living in their respective households), are not eligible to participate or claim a Care Package in the Giveaway.
How to Enter:
Individuals must enter the Giveaway by: (a) first, visiting Sponsor’s Giveaway page located at www.ernolaszlo.com/product-request and (b) then, nominating a potential Care Package winner by providing: (i) the nominee’s ("Nominee") name; (ii) the Nominee’s mailing address; (iii) the Nominee’s telephone number; and (iv) a brief description of why the Nominee is deserving of a Care Package, including the ways that the Nominee is contributing/has contributed to her/his community in connection with the effort to combat and mitigate the effects of the COVID-19 virus ("Giveaway Post"). You may only nominate each Nominee one (1) time during the Giveaway Period. Any entries submitted for the same Nominee in excess of the aforementioned limit will be discarded. Any attempt by any individual to obtain more than the permitted number of entries for a given Nominee by using multiple/different mobile devices, identities, registrations /or user-names, or any other method, will void all of that individual’s Nominees and that individual will be disqualified from participating in the Giveaway. Use of any automated system to participate in the Giveaway is prohibited and will result in disqualification. Sponsor reserves the right to reject any entry/nomination that it believes, in its sole discretion, is fraudulent, incomplete, illegible, damaged, invalid or otherwise fails to comply with any terms or conditions of these Rules. By entering the Giveaway, you agree to the Giveaway winner selection and decisions of Sponsor, which are final and binding in all respects.
SPONSOR IS NOT RESPONSIBLE FOR ANY NOMINATIONS OR ATTEMPTED NOMINATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT A VALID NOMINATION DURING THE GIVEAWAY PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS SPONSOR’S GIVEAWAY REGISTRATION PAGE, YOUR PROSPECTIVE NOMINEE(S) WILL NOT QUALIFY FOR A CARE PACKAGE.
Identification of Nominees:
Each Nominee will be identified by name and mailing address. Sponsor will stop accepting Nominees at the conclusion of the Giveaway Period.
How to Win a Care Package:
The first three thousand (3000) valid Nominees will be potential Care Package winners. Potential Care Package winners are subject to eligibility verification. Potential Care Package winners may, in Sponsor’s sole discretion, be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release ("Affidavit") and return such Affidavit within seven (7) days following attempted notification. Upon satisfactory eligibility verification and (where applicable) return of the Affidavit as required herein, potential Care Package winners shall be considered Care Package winners. Non-compliance within this time period may result in forfeiture of the Care Package. The return of a Care Package/Care Package notification as undeliverable may result in forfeiture of the underlying Care Package. In no case shall Sponsor be liable in any manner where a potential Care Package winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Care Package winner within the required response period. See below for a detailed Care Package description.
Care Packages:
Each Care Package winner shall receive the following Sponsor product(s): an assortment of 5-6 deluxe and/or full-sized skincare items, with an approximate retail value ("ARV") between $150-$300 (collectively, the "Care Packages"). The Care Package winners will not receive the difference between the actual Care Package value and the ARV.
Odds of Winning:
The odds of winning a Care Package will vary according the number of eligible entrants received by Sponsor during the Giveaway Period.
Tax Information:
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the applicable Care Package winners.
No Substitution of Care Packages:
No substitution or transfer of Care Packages will be accommodated or permitted, other than in Sponsor’s sole discretion.
Limitation of Liability/Release/Disclaimers:
EACH ENTRANT/NOMINEE agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY SPONSOR, its corporate partners, parent, subsidiaries, affiliates, successors in interest, advertising, promotion and public relations agencies and theIR respective officers, directors, MEMBERS, employees, representatives and agenTs (collectively "RELEASED PARTIES") FROM/FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, possession, USE, MISUSE or awarding of ANY Care Package including, without limitation, any injury, damage, death, loss OR accident to person or property. EACH CARE PACKAGE WINNER AGREES THAT THe CARE PACKAGE IS PROVIDED AS-IS WITHOUT ANY warranty, representation or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the Care Package including, without limitation, ITS quality, merchantability or fitness for a particular purpose. Further, THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority.
Additional Disclaimers:
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: (a) entries/nominations that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries/nominations in excess of the stated limit; (b) any lost, late, incomplete, illegible, mutilated or misdirected entries, e-mail, mail or Giveaway-related correspondence or materials or postage-due mail; (c) any error, omission, interruption, defect or delay in transmission or communication; (d) viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; (e) errors, typos or misprints in these Rules, in any Giveaway-related advertisements or other materials; (f) failures of electronic equipment, computer hardware or software; and/or (g) lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering in connection with any means of communication, including insufficient space in an entrant’s/Nominee’s e-mail account to receive e-mail messages. The Released Parties are not responsible, and may disqualify an entrant/Nominee, if her/his mailing address, telephone or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. Without limiting any other provision in these Rules, the Released Parties are not responsible or liable to any entrant or winner, or any person claiming through such entrant or winner for failure to supply the Care Package or any part thereof in the event that any of the Giveaway activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic (including, without limitation, COVID-19 and/or any governmental response to same), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
Indemnification:
You agree to indemnify and hold the Released Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Giveaway and/or Care Package(s); (b) your breach of these Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Released Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Publicity:
By entering the Giveaway (except for residents of Tennessee and where otherwise prohibited by law), each entrant grants the Release Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display the Giveaway Post and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
General Rules:
Sponsor’s decisions will be final in all matters relating to the Giveaway, including interpretation of these Rules and awarding of the Care Packages. All participants, as a condition of entry, agree to be bound by these Rules and the decisions of Sponsor. Failure to comply with these Rules may result in disqualification from the Giveaway. Participants further agree to not damage or cause interruption of the Giveaway and/or prevent others from entering the Giveaway. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper operation of the Giveaway. Sponsor’s failure to, or decision not to, enforce any provision in these Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials and/or these Rules (including any alleged discrepancy or inconsistency in these Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity with resect ot the Giveaway or these Rules. If Sponsor determines at any time, in its sole discretion, that a Care Package winner or potential winner is disqualified, ineligible, in violation of these Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Giveaway is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Giveaway and award the Care Packages from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Rules in an attempt to obtain any Care Package, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.
Dispute Resolution Provisions:
These Rules shall be treated as though they were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Giveaway and/or these Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Giveaway, the Care Packages, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association ("AAA") in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Released Party(ies) named in your Initial Dispute Notice (collectively, the "Named Parties") may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Released Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Released Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Giveaway.
Winners’ List/Copy of these Rules:
For a list of Care Package winners and/or a copy of these Rules, please send a self-addressed stamped envelope to the following address within three (3) months of the end of the Giveaway Period: Erno Laszlo, Inc., 129 West 29th Street, 8th Floor, New York, NY 10001, Winner List Request, Attn: Ecommerce.
Please see our Provisions for California Residents below for instructions on how California Residents can opt-out of the sale of their personal information to third parties.
To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: [email protected].
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for our products, services, merchandise and other offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving those messages from us, you must cease requesting and/or utilizing our products, services, merchandise and other offerings and/or cease submitting inquiries to us, as applicable
Please see our Provisions for California Residents below for instructions on how California Residents can access and/or delete personal information that we have collected. At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will delete and/or modify the personal information that you have provided to us, or that we have collected. You may do so by making the change on our member information page, by e-mailing us at: [email protected], or contacting us as specified below. We ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or those that would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information will terminate your access to some or all of the features of the Site.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. In addition, this deletion will not change or delete personal information which may have already been shared with third parties, as provided above in this Privacy Policy. Subject to applicable law (including the CCPA as it applies to California State residents), you will need to contact the third parties directly to change your preferences regarding their use of your personal information. If you are a California State resident, we will contact third parties to request deletion of your personal information on your behalf.
Please see our Provisions for California Residents below for more details regarding the personal information of minors. ErnoLaszlo.com is not intended for access or use by individuals under 16 years of age. We do not knowingly collect personal information regarding any individual under 16 years of age. Children aged 16 and 17 are allowed to visit the Site only with the express consent of their parents or legal guardians, but are not permitted to make purchases or provide personal information on the Site. We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If you believe a child under 18 years of age may have provided personal information to us through the Site without consent, please contact us at [email protected], and we will use reasonable efforts to delete it from the Site and our files.
We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter sensitive information (such as medical information, driver’s license/ID card number, health insurance information, data collected from an automated license plate recognition system, social security number and credit card information), and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable security measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user personal information to perform a specific job are granted access to user personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
This Site may contain links or references to other websites (including Social Media Websites) for your convenience and information. This Privacy Policy does not apply to such linked websites. We are not responsible for the linked sites’ content, any use of the sites, or the privacy practices of the sites. We encourage you to read the privacy policy of every website you visit.
This is a U.S. website governed by applicable U.S. law. The data protection laws in the U.S. may differ from those of the country in which you are located. When you provide personal information on this Site, you consent to the collection, transfer and processing of your personal information outside of the country in which you are located, including in the U.S., and in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States personal information may be subject to lawful access requests from governments, courts, or law enforcement in the U.S. according to laws of the U.S.
This Privacy Policy may be updated periodically and, in some instances, without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our Site to notify you of any significant changes to our Privacy Policy and indicate at the top of the policy when it was most recently updated. If we make a material change to this Policy, we will inform Site users and provide them an opportunity to review the new privacy policy and provide their consent to the new terms outlined in such an updated privacy policy. Where any update expands our ability to use your personal information, we will only use your information in this expanded manner where you opt-in to such use.
If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint under the arbitration procedures described in the Dispute Resolution section of the Site’s Terms and Conditions.
If you have any questions, comments, requests or concerns related to this Privacy Policy or the information practices of this Site, or if you would like us to update information we have about you or your preferences, please contact us at:
Erno Laszlo, Inc.
Corporate Headquarters
129 W 29th Street, 7th Floor
New York, NY 10001
Tel: (212) 373-4700
Email: [email protected]
These Privacy Provisions for California Residents (“Provisions”) supplement, and do not limit in any way, the Privacy Policy set forth above. These Provisions apply solely to residents of the State of California (“CA Users”). We adopt these Provisions in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in these Provisions. Users with disabilities who wish to access these Provisions in an alternative format can contact us by emailing us at: [email protected]; calling us at: (888) 352-7956; or sending us U.S. mail to: ERNO LASZLO, Inc., Corporate Headquarters, 129 W 29th Street, 7th Floor, New York, NY 10001.
Categories of Information We Collect:
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):
Use of Personal Information
We may use or disclose the personal information that we collect for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.
Sharing Personal Information
Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell your personal information from Categories A, B, C, D, E, F and K: (a) with/to third parties for marketing purposes; and (b) for the other business purposes set forth above.
When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than sixteen (16) years of age and we do not share or sell the personal information of CA Users that we actually know are less than sixteen (16) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category D Commercial information.
Category E Biometric information
Category F Internet or other similar network activity.
Category K Inferences drawn from other personal information
We disclose your personal information for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):
In the preceding twelve (12) months, we have sold the following categories of personal information to third parties:
Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category D Commercial information.
Category E Biometric information
Category F Internet or other similar network activity.
Category K Inferences drawn from other personal information
In the preceding twelve (12) months, we have sold the above referenced categories of personal information to the third parties who purchase and/or license your personal information for marketing purposes, as well as the third parties who provide the products and/or services featured on the Site.
Your Rights and Choices
The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Opt-Out from the Sale of Your Personal Information
You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable CA User request to us by either:
We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of the receipt of your request.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability and Deletion Rights
To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.
You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require that you create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures that we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response that we provide will also explain the reasons that we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to these Privacy Provisions
We reserve the right to amend these Privacy Provisions in our discretion and at any time. When we make changes to these Privacy Provisions, we will notify you by email or through a notice on the Site’s homepage.
Contact Information
If you have any questions or comments about these Privacy Provisions, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by either: