Terms of Service

Aquis Hairsciences, Inc. operates this website (the “website”) and is hereinafter referred to as “we”, “us” or “K18”. The recipient of this information is assumed to be the consumer of any K18 products and is hereinafter referred to as “you” or “your”. PLEASE READ THESE TERMS OF SERVICE (THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE (INCLUDING YOUR PURCHASE OF PRODUCTS ON OR THROUGH THIS WEBSITE) CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

1. Products, Content and Specifications. All features, content, specifications, products and prices of products described or depicted on this website are subject to change at any time without notice. All product descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your device and we cannot guarantee that your device will accurately display colors accurately. The inclusion of any products in this website at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

2. Eligibility to Order/Purchase. To place an order on this website you must: (i) be 18 years of age or older, and (ii) be a consumer, not a reseller or (ii) be a stylist professional registered through our pro-registration page and subject to the use and reseller restrictions as set forth therein.   

3. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser if that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

4. Accuracy of Information. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date. We make no representation that any information contained on the website is complete, accurate, or current. For example, products included on the website may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

5. Use of this website. The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, K18, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your device. You agree to accept responsibility for all activities that occur under your account or password.

6. Transactions. If you wish to purchase any product(s) made available through the website (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to K18 the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

• We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

• You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges and cancellation charges. You remain responsible for any taxes and fees issued by your credit card carrier that may be applicable to your Transactions.

7. Messaging Terms.  K18 offers communications by calls, mail, email, text messages, and other similar technology, such as alerts, marketing messages, notices of sales and/or events, shipping confirmations, and product releases (the "Messaging Service"). By participating in the Service, you are agreeing to these Terms and Conditions.

Signing Up and Opting-In to the Service
Enrollment in the Messaging Service requires you to provide your mobile phone number and to agree to these Terms and Conditions. You may not enroll if you are under 18 years old. Before the Messaging Service will start, you will need to agree to these Terms and Conditions. K18 Hair reserves the right to stop offering the Messaging Service at any time with or without notice.
By opting into the Messaging Service, you:

• Authorize K18 to send you marketing communications by mail, email, phone calls, and text messages (collectively, “Messages”). In particular, and without limitation, by providing your consent, you authorize K18 to place (or allow our service providers to place) Messages to the phone number you provided using an automatic telephone dialing system or automated system for the selection of telephone numbers.
• Acknowledge that you do not have to agree to receive Messages as a condition of purchase.
• Confirm that you are the subscriber to the relevant phone number your provided or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• Consent to the use of an electronic record to document your opt-in and consent to receive K18’s Message disclosures electronically. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email hello@k18hair.com or call 877-838-0353. To view and retain an electronic copy of these Terms and Conditions or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive
Message frequency of the Messaging Service may vary depending on use. You may receive recurring and other alerts, such as, among other things:

• Sales, promotions, new product releases
• Cart reminders
• Shipping updates
• Marketing messages
• Event reminders, event registration, event confirmation and event updates (for Professional stylists)

Cookies and Cart Reminders

K18 may use cookies and similar technologies to collect information about abandoned shopping bags. A bag is considered abandoned after 35 minutes of inactivity/lack of purchase. Once the timer has expired, an SMS or email message may be sent as a reminder.

For more information about how K18 collects, uses, and shares personal information, including K18’s use of cookies and similar technologies, please visit the K18 Privacy Policy.

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Messaging Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Messaging Service may not be available on all wireless carriers. K18 may add or remove any wireless carrier from the Messaging Service at any time without notice. K18 and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from K18, text the word STOP to 833-409-1992 any time or reply STOP to any of the text messages you have received from K18. You may also opt out by emailing hello@k18hair.com or calling us at 877-838-0353.  For Messaging Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that K18 and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from K18 through any other programs you have joined until you separately unsubscribe from those programs. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the Messaging Service.

Questions
You can text HELP for help at any time to 833-409-1992. You can also contact K18 at hello@k18hair.com or call 877-838-0353 for further assistance.

8. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of ours and our affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission or the written permission of such third-party owner.

9. Linking to this website. Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.

10. Third Party Links. From time to time, this website may contain links to websites, including but not limited to authorized resellers/partners in jurisdictions outside of the United States.  These websites are not owned, operated, or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on, or accessible from, any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

11. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

12. User Information. Other than personally identifiable information, which is subject to this website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor, or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. 

13. Return Policy.K18’s return and refund policy is accessible here and is incorporated into these Terms and Conditions in its entirety.

14. Subscribe and Save. K18’s Subscribe and Save agreement is accessible here and is incorporated into these Terms and Conditions in its entirety.

15. DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEBSITE (INCLUDING PURCHASE OF PRODUCTS ON OR THROUGH THIS WEBSITE) IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE WEBSITE OR ANY TRANSACTION THAT MAY BE CONDUCTED ON, OR THROUGH, THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

16. Jurisdictional Issues. This website is controlled and operated by K18 from the United States and is not intended to subject K18 to the laws or jurisdiction of any state, country, or territory other than that of the United States. K18 does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

17. Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website.

18. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed exclusively by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

19. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the website, please send an email to hello@k18hair.com. You may also contact us by writing to Customer Service, Aquis Hairsciences, Inc., 621 Sansome Street, San Francisco, California 94111, or by calling us at 877-838-0353. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Arbitration. BY USING THIS WEBSITE IN ANY WAY, YOU ARE EXPRESSLY AGREEING TO WAIVE YOUR RIGHT TO A JURY TRIAL. In addition, by using this website in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of K18 and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held exclusively in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the Terms and Conditions of this website and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable company entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any K18 entity exceeds $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, K18 agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com.

21. Termination. You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

22. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact K18 Customer Service at 877-838-0353. 
 

Last updated March 11, 2022

 

Privacy Policy

K18 HAIR (Aquis Hairsciences Inc.)

Last Updated on October 29, 2021

Your privacy is important to us. This Privacy Policy (“Policy”) applies to website and services provided by K18 Hair(Aquis Hairsciences Inc.) (“we”, “us”, “our” or “Company”) including any of our digital products or services that link to or reference this Policy (collectively, the “Services”) and explains what information we collect from users of our Services (a “user”, “you”, or “your”), including information that may be used to personally identify you and how we use it. We encourage you to read the details below

We reserve the right to change this Policy at any time. We will notify you of any changes to this Policy by posting a new Policy to this page, and/or by sending notice to the primary email address specified in your account. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page. You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Policy means that the collection, use and sharing of your information is subject to the updated Policy.

1. Scope and Applicability

The Policy applies to your information when you visit our website or otherwise use the Services. We will only collect and process information where we have lawful bases. With respect to the information described in this Policy, lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Services you have requested)), and, in some instances, for “legitimate interests” in the applicable jurisdiction.

This Policy does not apply to websites, apps, products, or services that we do not own or control, such as third party websites and/or applications linked or social media widgets (as described further below) on the Services. Information you provide to third parties are controlled by their respective privacy policies, which we encourage you to review for more information about their practices.

2. What Information We Collect

We obtain information about you from a variety of sources depending on our relationship with you.

We collect personal information from you when you submit that information to us voluntarily. For example:

 

Information From Third Party Sources

We may collect information about you from third parties. Such information may include demographic data (e.g. household information, education, occupation, political affiliation, age, and gender) and purchase preference information. We may use this information to supplement or update our records, improve the quality or personalization of our communications to you, and help prevent or detect fraud.

Information Automatically Collected

We automatically receive and store certain types of information when you interact with our Services, our emails, and/or our online advertisements by using the tracking technologies described further below in this Policy. This information helps us to make our Services work more efficiently, evaluate use of our Services, and support our website analytics and marketing campaigns. Here are some of the types of information we may automatically receive:

• Services Metadata: When a user interacts with the Services, metadata is generated that provides additional context about the way you interact with the Services.

• Log Data: Our servers may automatically collect information about your visit to our Services, including IP addresses and associated information, visit history, browser type and settings, the date and time the Services were accessed and used, information about browser configuration and plugins, language preferences.

• Device Information: Your device “fingerprint” (e.g. hardware model, operating system and version, unique device identifiers and mobile network information) when you access Services.

• Location Information: We may receive information from you that helps approximate your location, such as using an IP address received from your browser to determine an approximate location.

Social Media Widgets

The Services uses third party social media widgets such as buttons or similar mechanisms from Facebook, Twitter, Instagram, YouTube, and others. Such third party features may collect information about you, such as your IP address and the page(s) you visit on the Services. Your interactions with those features are governed by the privacy policies of the third party social media networks that provide them.

3.  How We Use the Information We Collect

We use information we collect to:

• Deliver, enhance, and improve the Services and your overall user experience.

• To identify you when you visit our Services and/or confirm a person’s authority as a representative or agent.

• To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

• To link or combine user information with other information.

• To compare and verify information for accuracy and update our records.

• Email, text, message, or otherwise contact you with information and updates about us and the Services.

• To respond to your comments and questions and provide customer service.

• To send you information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.

• In connection with a merger, acquisition, reorganization or similar transaction.

• To support core business functions, including to maintain records related to business process management, loss and fraud prevention, and to collect amounts owing to us.

• When required by law or to respond to legal process.

• To protect our users, other individual lives, and/or the rights or property of Company.

• To maintain the security of the Services.

• For any other purpose with your consent.

4. How We Share Information

In addition to the specific situations discussed elsewhere in this privacy policy, we disclose personal information in the following circumstances:

• With our corporate affiliates.

• with third parties that perform services to support our core business functions and internal operations.

• With third parties that we have partnered with to jointly create and offer a product, service or joint promotion.

• To support our audit, compliance, and corporate governance functions.

• In connection with a change of ownership or control of all or part of our business (such as a merger, acquisition, reorganization, or bankruptcy).

• If we have a good-faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to detect or protect against fraud or security issues.

• If required or permitted by applicable law or regulation, including laws and regulations of the United States and other countries, or in the good faith belief that such action is necessary to: (a) comply with a legal obligation or in response to a request from law enforcement or other public authorities wherever Company may do business; (b) protect and defend the rights or property of Company; (c) act in urgent circumstances to protect the personal safety of users, customers, and contractors/employees of Company or others; or (d) enforce our Terms of Service or otherwise protect against any legal liability.

• With your consent or at your direction. 

5. How Do We Use Tracking Technologies

We collect information through the use of cookies, web beacons/tracking pixels, log files, and data analytics tools like Google Analytics and other third party technologies to understand how you navigate through and interact with our Services.

Log files track actions occurring on the Services, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

A cookie is a small file placed on your hard drive by some of our web pages.   We, or third parties we do business with, may use cookies to help us analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety. Cookies are commonly used at most major transactional websites in much the same way we use them in our Services. You may delete and block all cookies from our Services, but parts of the Services may not work. We want to be open about our cookie use. Even if you are only browsing the Services, certain information (including computer and connection information, browser type and version, operating system and platform details, and the time of accessing the Services) is automatically collected about you. This information will be collected every time you access the Services and it will be used for the purposes outlined in this Privacy Policy. You can reduce the information cookies collected from your device.  An easy way of doing this is often to change the settings in your browser. If you do that you should know that (a) your use of the Services may be adversely affected (and possibly entirely prevented), (b) your experience of this and other sites that use cookies to enhance or personalize your experience may be adversely affected, and (c) you may not be presented with advertising that reflects the way that you use our and other sites. You find out how to make these changes to your browser at this site: www.allaboutcookies.org/manage-cookies/.  Unless you have adjusted your browser settings so that it will refuse cookies, our system will send cookies as soon as access our Services.  By using the Services you consent to this, unless you change your browser settings.

Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow, and allow us to know what pages on our Services have been visited, what emails have been opened, and if our banner ads have been effective.

Our third-party advertising service providers may also use web beacons to recognize you when you visit the Services and to help determine how you found the Services. They may also use cookies, action tags, web beacons, and/or GIF tags placed in various places on the Services and our online ads to collect information about your visit and your interaction with our ads.  If you would like more information about this and to know your choices about not having this information used by these companies, please visit: the Digital Advertising Alliance’s website, http://www.aboutads.info/, or the Network Advertising Initiative’s website, http://networkadvertising.org/consumer/opt_out.asp. If you opt-out of interest-based ads, you will still see ads on websites you visit, but those ads will not be based on your browsing behavior.

6. How We Retain and Secure Your Information

 We retain your information while your account is in existence or as needed to provide you Services, unless you submit a request to us to delete your information or close your account, in which case we may retain information as set forth below in the section titled “Your Choices Regarding Personal Information”.

We take reasonable steps to protect your personal information against unauthorized access, alteration, disclosure, misuse, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  The safety and security of your personal information also depends on you. If you have an account with us, you are responsible for keeping your membership details confidential. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your personal information from potential security breaches by implementing reasonable and appropriate technological security measures. However, these measures do not guarantee that your personal information will not be accessed, disclosed, altered or destroyed by breach of our security system or via transmission over the internet. By using the Services, you acknowledge that you understand and agree to assume these risks.

7. Your Choices Regarding Personal Information

 You have several choices regarding your information. For your protection, we may only share, update, and/or delete the personal information associated with the specific email address that you use to send us your request, and we may need to verify your identity before doing so. We will try to comply with such requests in a reasonably timely manner.

Reviewing, Changing or Deleting Your Personal Information. All users may review and update the personal information furnished by a user in their user account by logging into their user account. You may also review, update, correct, or delete your personal information by contacting us at  . If you wish to cancel your account, you may do so through your account page, and any personally identifiable information associated with your account will be deleted as soon as is reasonably practical or as required by applicable law. If you completely and permanently delete all of your personal information, then your user account may become deactivated. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Opting Out of Marketing Communications. We may use some of the information we collect for marketing purposes, including to send you promotional communications about new features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions, such as clicking "Unsubscribe" (or similar opt-out language) in email communications. For text message communications, you can text back “STOP” and we will send you a text message to confirm that you have been unsubscribed. You can also contact us at hello@k18hair.com to opt out. Despite your indicated email preferences, we may send you service-related communications, such as notices of updates to our terms of service or privacy policy.

 Other Choices. If you are a resident of the State of California, please see the section further below titled "Information for California Residents" for more notices regarding your personal information. If you are a resident of the European Economic area, please see the section further below titled “Information for EEA Residents” for more notices regarding your personal information.

8.  Children Under 16

The Services are not directed to individuals who are under the age of sixteen (16) and we do not solicit nor knowingly collect personal information from children under the age of sixteen (16). If you believe that we have unknowingly collected any personal information from someone under the age of sixteen (16), please contact us immediately at privacy@k18hair.com and the information will be deleted.

9.  How We Respond to Do Not Track Signals

Your browser settings may allow you to automatically transmit a Do Not Track signal to websites and other online services you visit. We do not alter our practices when we receive a Do Not Track signal from a visitor’s browser because we do not track our visitors to provide targeted advertising. To find out more about Do Not Track, please visit http://www.allaboutdnt.com.

11.  Contact Us

For any questions relating to this Policy or to contact us please email us at privacy@k18hair.com.

12. Information for California Residents

This section applies only to California residents. For purposes of this section, “personal information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA. The CCPA provides California consumers with several individual rights with respect to Personal Information. Note that these rights apply to individual consumers, not to companies. This section describes those rights in detail and provides information on how to exercise those rights.

Exercising Your Rights

To exercise any of the rights described in this section, please contact us at privacy@k18hair.com with (i) a complete description of your request, including the specific right(s) you wish to exercise and (ii) sufficient information about you so we can confirm that your request is a verifiable customer request, including at a minimum your name and email address. Once we have received your verifiable consumer request, we will respond consistent with applicable law. Please note that you may also designate an authorized agent to make a request on your behalf. In order for us to process a request from your authorized agent, we must (i) confirm that the agent is a natural person or business entity registered with the Secretary of State that you have authorized to act on your behalf, (ii) receive from you a copy of the written authorization that provides the authorized agent to act on your behalf, and (iii) verify your identity by asking you to provide us sufficient information in order to do so.

Access and Data Portability Rights

You have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:

1. Categories of and specific pieces of personal information we have collected about you.

2. Categories of sources from which we collect personal information.

3. Purposes for collecting, using, or selling personal information.

4. Categories of third parties with which we share personal information.

5. Categories of personal information disclosed about you for a business purpose.

6. If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.

Deletion Rights

You have the right to request that we delete personal information about you that we have collected, subject to certain exceptions. You may also access, edit, or delete certain of your personal information through your account settings. Please review the section above in our Privacy Policy titled “Your Choices Regarding Personal Information” for more details.

Non-Discrimination

You have the right not to receive discriminatory treatment for the exercise of your rights under the CCPA, subject to certain limitations. Please note that we reserve the right to offer you certain financial incentives as permitted by the CCPA that may result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time by contacting us.

Statutory Categories of Personal Information Collected

The chart below describes the category of personal information we collect by reference to the statutory categories specified by the CCPA:

 

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 notice.

Use of Personal Information

Under the CCPA, a “sale” means providing to a third party Personal Information for valuable consideration. At this time, we don’t believe any of our data practices in the last 12 months constitute a “sale” under the CCPA. In the last 12 months, we have used or disclosed certain Personal Information we collected for the following business purposes:

 

We may further disclose each category of Personal Information to our affiliates, to our professional advisors, in connection with our compliance and protection activities and in connection with business transfers as described above in our Privacy Policy.

Additionally, we may have programs, such as sweepstakes, contests, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program. This value is based on the expense related to offering those products, services, and benefits to Program participants. You may withdraw from participating in a Program at any time by contacting us using the designated method set forth in the applicable Program rules. Visit the terms and conditions page of each Program to view full details, including how to join.

California Shine the Light Law

If you are a California resident and a customer, you have the right to request information from us once per calendar year regarding the customer information we share with third parties for the third parties' direct marketing purposes. To request this information, please send an email to privacy@k18hair.com with 'Request for California Shine the Light Privacy Information' in the subject line and in the body of your message. We will provide the requested information to you via an email response in a standardized format and the information will not be specific to you individually.

12. Information for EEA Residents

If you are a resident of the European Economic Area (“EEA”), you have certain additional rights and protections under the law regarding the processing of your personal data.

You have the right to:

• request access and copies of your personal data, unless it would adversely affect the rights and freedoms of others.

• request to have your information rectified if it is inaccurate or incomplete.

• request we erase your personal data in certain circumstances.

• request restriction of processing of your personal data in certain circumstances.

• request to receive your data you have provided to us based on your consent or a contract, in a structured, commonly used and machine-readable format or request that we transmit said data to another controller.

• to object to processing of your personal data if we are relying on a legitimate interest in case you are in a particular situation or if we are processing your information for direct marketing purposes.

• if we rely on your consent to process your personal data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place. If you exercise this right, we may keep minimum information about you as necessary for our and your legitimate interest to ensure your opt out choices are respected in the future and to comply with data protection laws.

To exercise your rights please contact us at privacy@k18hair.com. However, please note that we may not be able to provide some or all of the Services without some necessary data collected from you.

If you believe that our processing of your personal data infringes upon your rights under GDPR, you may lodge a complaint with the data protection authority in the member state of European Union of your habitual residence, place of work or place of the alleged data infringement.