Last Updated: 09/25/2024
AREKAE, LLC (“AREKAE”, “we”, “us”, or “our”) is committed to keeping your personally identifiable information secure. We will only use your personally identifiable information in accordance with this Privacy Policy and as you otherwise consent or direct us to. This Privacy Policy describes how we may collect your personally identifiable information by telephone, email, text message, third parties, and your interactions with our websites, digital tools, and platforms (collectively, the “Sites”). It also explains how your personally identifiable information is used and disclosed by AREKAE and your rights as a consumer.
AREKAE reserves the right to update or modify this Privacy Policy at any time. Please check back from time to time so you are aware of any changes or updates to the Privacy Policy. We will indicate the Privacy Policy’s effective date on the first page of the Privacy Policy.
This Privacy Policy does not cover information that you submit on third party websites, apps, and other social platforms (collectively, “Platforms”) even if we communicate with you on those sites. For example, if you post something on Meta (Instagram, Facebook), TikTok, X (formerly known as Twitter) or YouTube, that information is governed by the privacy policies of those Platforms.
PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING US WITH PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS & CONDITIONS AND APPLICABLE COOKIE POLICY AVAILABLE ON THE SITES.
For purposes of this Privacy Policy, the terms “personal information” or “personally identifiable information” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The terms “personal information” ” or “personally identifiable information” does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. AREKAE may anonymize or de-identify personal information, and such data is not subject to this Privacy Policy, and AREKAE may use such data for any purpose.
PERSONALLY IDENTIFIABLE INFORMATION COLLECTED
The categories of personally identifiable information we may collect and have collected within the past 12 months from you include:
SOURCES OF INFORMATION
We collect the personal information identified herein directly from you when you use our products and services, through automated means when you are using the Sites, and from third parties. More specifically, we collect personal information from the following sources:
First Party / Direct Collection. We collect personal information directly from you when you use our products and services, or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.
Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Website (see “TECHNICAL DATA” above and “USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES” below).
Third-Party Sources. We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references.
HOW INFORMATION IS USED
We use personally identifiable information and non-personally identifiable information in a variety of ways, including without limitation to:
SMS/MMS Mobile Messaging Marketing Program. If you choose, you can provide your mobile phone number to receive text message alerts from us to receive product and/or event information, tips or promotions (the “SMS Program”). You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. We will only use information you provide through the SMS Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors and service providers who assist us in the delivery of mobile messages. Text messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. Depending on the recipient’s mobile carrier, it may not be possible to transmit the text message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of the SMS Program’s services, including liability for transmission delays or message failures. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SMS PROGRAM TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the SMS Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the SMS Program for an ulterior purpose, we may refuse you access to the SMS Program and pursue any appropriate legal remedies.
USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
We and our service providers and marketing partners, use cookies and other tracking technologies within the Sites to monitor and record any and all activities and communications to, from, and on, the Sites in order to safeguard, improve, and analyze usage of, the Sites, and for the other purposes listed in this Privacy Policy. For the avoidance of doubt, you hereby acknowledge, agree, and consent to, such tracking, site monitoring and recording by us, and our service providers and marketing partners.
Cookies are small files that are downloaded to your device when you visit a website. The cookie then sends information back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Other types of tracking technologies (i.e., web beacons, pixels, clear gifs, and other similar technologies) work similarly to cookies and place small data files on your devices or monitor your website activity to enable us to collect information about how you use our Sites. Accordingly, Cookies and Other Tracking Technologies allow our Sites to recognize your device and track your activities and preferences, thereby allowing you to navigate between pages efficiently and to generally improve the user experience. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Sites may become inaccessible or not function properly. You can find more information about cookies at www.allaboutcookies.org.
Non-Cookie Technologies. We may deploy on our Sites certain types of “Non-Cookie Technologies” provided by our service providers to support our digital advertising programs. These technologies often include browser cache, locally stored objects, or the creation of a statistical identifier wherein an identifier, much like a cookie identifier, is calculated based on the characteristics of a browser or device that distinguishes it from other browsers or devices. These identifiers are calculated either from the data your browser or device shares automatically or with additional data specifically requested from your browser or device. For more information, see https://thenai.org/wp-content/uploads/2021/07/NAI_BeyondCookies_NL.pdf.
Audio and Visual Materials. Our Sites may, from time to time, display live or prerecorded videos or similar audio-visual materials (“Videos”). We may collect personal information with respect to you requesting access to, or accessing, such Videos, and we may disclose such personal information to third parties, including to our third-party service providers through the use of cookies. By requesting access to, or accessing, such Videos, you hereby agree to our Video Information Disclosure Consent Form. The provision of Videos on our Site is not an admission by AREKAE and it shall not otherwise be interpreted, in any form or manner, to mean that AREKAE is a “video tape service provider” for purposes of the Video Privacy Protection Act (codified as amended at 18 U.S. Code § 2710) (the “VPPA”) or that AREKAE is otherwise subject to the VPPA.
SHARING OF PERSONALLY IDENTIFIABLE INFORMATION
The categories of entities to whom we disclose and have shared information within the last 12 months, include:
We do not sell, trade, or otherwise share your personally identifiable information to outside parties, except with those parties identified in this Privacy Policy, so long as those parties agree to keep such information confidential.
THIRD PARTY LINKS
Our Sites contain links to third party websites not owned or controlled by AREKAE and this Privacy Policy does not apply to such websites or the use of any data by such websites. Should you decide to navigate to any websites or webpages external to our Sites, you do so entirely at your own risk. We are not responsible for the actions, privacy, security, or content of such third party websites. If you are asked to provide information on one of these websites, we encourage you to carefully review their privacy policy before sharing your information. Nevertheless, we value and seek to protect the integrity of our Sites and welcome any feedback about third party links.
We may use third party companies to serve advertisements, measure the performance and engagement with our ads, provide analytic, preference, and interest information, and administer some of our offerings. In some instances, these ad network providers, social platforms, sponsors, and/or service providers may use their own tracking technology to capture information about your device, use and engagement online.
CHILDREN’S GUIDELINES
Our Sites are intended for general audiences and are not directed to children under 16. We do not knowingly collect personally identifiable information from children under 16. If you become aware that a child has provided us with personally identifiable information without parental consent, please contact us at hello@arekaebeauty.com. If we become aware that a child under 16 has provided us with personally identifiable information without parental consent, we will take reasonable steps to remove such information and terminate the child’s account.
HOW WE PROTECT YOUR PERSONALLY IDENTIFIABLE INFORMATION
AREKAE implements reasonable practices to protect your personally identifiable information from unauthorized access, use, disclosure, or destruction. No data transmission or electronic storage is infallible. Therefore, AREKAE cannot guarantee or warrant the security of the personally identifiable information that you transmit to AREKAE.
YOUR PRIVACY RIGHTS
Depending on applicable law, you may be entitled the following data privacy rights and privileges:
We will facilitate your exercise of the rights that apply to you in accordance with applicable law. However, even if your personal information is not afforded protection under, or otherwise subject to, a data protection law, we may seek to accommodate any request or inquiry you may have with regard to our data processing activities. If you have questions about your rights or wish to exercise your rights, you can contact in accordance with the “HOW TO CONTACT US” section listed below.
PRIVACY APPEALS; COMPLAINTS
In certain jurisdictions, you may have the right to appeal a decision AREKAE has made with respect to your privacy request. To submit a privacy rights decision appeal, please email in accordance with the “HOW TO CONTACT US” section listed below with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review.
Depending on applicable law, you may have the right to submit a complaint to a data protection authority in your jurisdiction, which may include the following:
We would, however, appreciate the opportunity to address your concerns, so please feel free to contact us regarding any complaint you may have. We will not discriminate against individuals for exercising their data privacy rights or filing a privacy complaint.
CANADA PRIVACY RIGHTS
Personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada (“PIPEDA”) will be collected, stored, used and/or processed by AREKAE in accordance with this Privacy Policy and AREKAE’s obligations under PIPEDA and other applicable Canadian provincial laws. Pursuant to these Canadian laws, you have a right to request access to your personal information and to request that inaccurate personal information be corrected. If you have submitted personal information to us and would like to have access to it, or have it corrected, please contact us in accordance with the “HOW TO CONTACT US” section listed below. When requesting access to, or correction of, your personal information, we will require that you verify our request via email, and we will request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. We may charge you a fee to access your personal information, provided that we advise you of any such fee in advance. Your right to access personal information is not absolute, and we may not be able to allow you to access certain personal information in certain circumstances (e.g., if the information contains personal information of other persons or it is subject to legal privilege). In the event that we cannot provide you with access to, or the ability to correct, your personal information, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. To delete your name from our electronic contact lists (text or email), please contact us in accordance with the “HOW TO CONTACT US” section listed below. If you have concerns with our data processing, you may file a complaint with the Office of the Privacy Commissioner of Canada. For more information about the Office of the Privacy Commissioner of Canada, please access its website.
SOCIAL MEDIA/PLATFORM DATA RIGHTS
We may engage with you on various social media platforms (e.g., Facebook, Twitter, TikTok LinkedIn, Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Those communications to and from us are governed by this Privacy Policy. However, your use of a social media platform is also subject to the policies and terms of the relevant social media platform. Certain social media platforms also may automatically provide us with your personal information, the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Sites include social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button, and the like) or interactive mini-programs that run on the Sites. These features may collect your IP address and which Website page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Sites. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.
According to the terms and conditions governing certain social media platforms, you may request that the information, data, or other content we obtain from or through the social media platform (“Platform Data”) be deleted or modified. If you would like Platform Data related to you deleted or modified, please contacts us in accordance with the “Contact Us” section below and (i) identify the social media platform at issue and (ii) the Platform Data that you would like deleted and/or modified, and if modified, the modification to said Platform Data. We may also delete Platform Data if requested by the social media platform.
ACCESS OR UPDATE YOUR ACCOUNT INFORMATION
If you registered for an account with us, you may review and update certain personally identifiable information in your account profile by logging into your account and editing your account and billing information.
DO-NOT-TRACK
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals, unless otherwise required by law. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
CHOOSING NOT TO SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION
We do not require you to register or provide personally identifying information to view our Sites or access much of its content. However, there are certain instances where we need your information to provide you with certain services or provide you access to certain features of our Sites (e.g., to process your online orders). In addition, if you terminate your account or membership to one or more of our Programs, or if you choose not to join, you may not be able to benefit from the discounts, free sample, gifts, free shipping or other benefits offered to customers through such Programs.
PUBLICLY POSTED INFORMATION; PRODUCT REVIEWS
You may, from time to time, have the ability to submit via the Website a comment on, provide an opinion about, rate, or otherwise discuss our Products (a “Review”). In other circumstances, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “User Contributions”) on or through the Website. Any information or content you post in a Product Review or in your User Contribution may be available to other users of the Website (and our social media platforms) and may be retrievable by third-party search engines, and third parties may also be able to download or share your Product Review and User Contribution to social media websites or elsewhere. We recommend that you guard your privacy and anonymity and not upload any information in your Product Review and User Contribution that you wish to remain confidential. Any third party with access to your information via the Website will be permitted to use the information in the same manner as if you submitted the information directly to that third party. Publicly posting any information on the Website is entirely voluntary on your part, and we recommend you carefully consider the information you choose to make publicly available. As between you and AREKAE , any and all Product Reviews and User Contributions shall be considered our confidential and proprietary information. In order for AREKAE to utilize such Product Reviews and User Contributions, you grant to AREKAE a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense, under all relevant intellectual property rights, to use, publish, and disclose such Product Reviews and User Contributions in any manner we choose and to display, perform, copy, make, have made, use, sell, and otherwise dispose of AREKAE ’s and our sub-licensees’ products or Products embodying such Product Reviews and User Contributions in any manner and via any media we choose, without reference to the source. AREKAE shall be entitled to use Product Reviews and User Contributions for any purpose without restriction or remuneration of any kind with respect to you and/or your representatives.
DATA RETENTION AND GEOGRAPHIC RESTRICTIONS
The period during which we retain your personal information varies depending on the purpose for the data processing. For example, we retain personal information for as long as needed to provide you with our Sites, to facilitate transactions you have requested, to comply with our legal obligations (e.g., tax filings, export control laws), to engage in marketing activities, and for as long as is necessary to defend our legal or business interests. In all other cases, we retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy.
We are based in the United States, and the personal information that we collect, and process is retained and stored in the United States. We use service providers that store personal information on our behalf in the United States and in other third countries. We may limit the availability of our Sites to any person or geographic area at any time.
IF YOU ARE A USER ACCESSING OUR SITES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES AND CANADA, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR SITES, YOU ARE TRANSMITTING AND STORING YOUR PERSONAL DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION AND STORAGE. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONALLY IDENTIFIABLE INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
BREACH NOTIFICATION
In the event that we determine that a data security incident rising to the level of a breach has occurred, we will notify you as set forth in relevant laws.
CONSUMERS WITH DISABILITIES
To request this Privacy Policy in an alternative format, please contact us via the methods listed under “HOW TO CONTACT US” below.
HOW TO CONTACT US
If you have any questions about this Privacy Policy, you can contact us at:
7734 Herschel Ave., Suite R
San Diego, CA 92037
Attn: Website Administrator