Privacy policy

PRIVACY POLICY
Last updated July 20, 2023

1. Keeping your information safe

CLEARSTEM Skincare is committed to keeping your information safe and secure and handling it in accordance with our legal obligations. This Privacy Policy (Policy) is designed to help you understand how we handle your data. It also explains your rights and choices. This Policy applies to these services (which we call the Platform in this Policy): the CLEARSTEM Skincare website and online store; our mobile apps; our social media pages; our retail pop-up shops; and anywhere else we gather information about you and refer to this Policy. How we handle your information depends on which Platform services you use, and how you use them.

We encourage you to read this Policy carefully. If you have questions, please email hello@clearstemskincare.com


2. About us and this Policy

(a) Who we are - CLEARSTEM Skincare operates the Platform and is referred to in this Policy as “CLEARSTEM Skincare”, “we”, “our” or “us”. This Policy supplements and is governed by our Terms of Service (https://clearstem.com/policies/terms-of-service) (“Terms”). Capitalized terms that are used but not defined in this Policy are defined in our Terms. The Terms describe how the Platform works in general, including security measures we use to protect our systems and the information described in the Policy. (b) When this Policy applies - This Policy applies to you when you use the Platform, effective as of the Last Updated date above. By using or accessing the Platform, you signify that you have read, understand and agree to be bound by this Policy and the Terms.

  • If you are a current or former employee or contractor of ours, this Policy does not apply to you. You may contact us about your privacy practices and rights at hello@clearstemskincare.com.
  • If we receive your information in our role as a service provider to another business, our agreement with that business governs our use of your information. We will refer any questions or concerns of yours to that business.

Because the Platform changes often, this Policy may change over time. Anytime we modify the Policy, we will post a revised version on the Platform and update the Last Updated date above. If you have given us your contact information, we will notify you before any material changes take effect so you have time to review them. (c) Location-specific sections - The Platform operates from the United States, but this Policy applies worldwide. Our practices generally do not differ based on your location, but your rights and choices depend in part on the law where you live. For example, you may have rights under: (1) “GDPR”: implementations of the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679; or (2) “CCPA”: the California Consumer Privacy Act, as amended. As a result, certain sections of this Policy apply to you only if you reside in a particular location:

California residents should consult the Rights under California law section. If you reside in a U.S. jurisdiction that has enacted a data privacy law similar to CCPA or GDPR, we extend the same rights CCPA grants to California residents to you, except where we specify otherwise. Residents of jurisdictions where GDPR applies – such as U.K., EU and Swiss residents – should consult the Rights under GDPR and International Data Transfers sections.

If those sections apply to you, those sections override any contrary descriptions elsewhere in the Policy as they relate to you. If you have questions about your rights under other data privacy laws, please contact hello@clearstemskincare.com.


3. Information we collect

(a) Information you provide - You may use much of the Platform without providing any information about yourself. However, to use some aspects of the Platform, we will need information about you, such as if you:

  • Establish an account
  • Purchase products or services
  • Contact or communicate with us
  • Subscribe or opt-in to our newsletters, alerts, or other communications
  • Participate in a contest or promotion or redeem a prize

When you submit information through the Platform, whether provided to enable a service or through product reviews, you are consenting to its collection, use, and disclosure in accordance with this Policy. Information you provide us may include personal identifiers. Please note that if you provide sensitive personal information to us, we use it only for our operational business purposes, and we do not disclose it to others for any other purpose. We attempt to limit the amount of sensitive personal information we collect. For instance, make a purchase through our Platform, your payment information, like your full credit card number and any payment-related security information, is only collected and processed by our payment processing partners. (b) Information collected when you use the Platform - As you use the Platform, cookies and other technology we use will generate technical data about which features you use, how you use them, and the devices you use to access our services.

This information may include: “Commercial Information” about your orders of products or services from us and interactions with store products. “Device Information” related to the device you use to interact with the Platform, such as your IP address, its advertising IDs (which are randomly generated numbers that can be reset through your device’s settings, such as the device’s Apple IDFA or Android Advertising ID), its browser and operating system, its internet service provider, and its settings. “Internet Activity” related to your use of the Platform, such as the pages you visit, the sites you use before or after visiting ours, your actions within the Platform, the content or advertisements you interact with, general geolocation information, time stamps, and performance logs and reports.

(i) Cookies and other technology - We and third-party partners collect personal information on the Platform using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. We may use both session cookies (which are deleted from your device when you exit the Platform) and persistent cookies (which remain on your device for longer or until you delete them manually). A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services. If you opt-in to email or text messaging from us, cookies may be used to personalize your experience (e.g., send you personalized text messages such as shopping cart reminders).

 
4. How CLEARSTEM Skincare Uses Your Information

Here is a detailed explanation of the various reasons for which we use your information, together with practical examples:

To Provide Our Content, Services, and Products to You:

  • Create and manage your CLEARSTEM Skincare account.
  • Provide you with customer support and respond to your inquiries.
  • Process and fulfill your orders for CLEARSTEM Skincare products.
  • Communicate with you about our services and promotions.                  

To Manage Your Account or Fulfill Product Orders:

  • Register you on the CLEARSTEM Skincare website to enable purchases.
  • Administer your account and inform you about new features and apps.                  

To Improve Our Services and Develop New Ones:

  • Conduct focus groups, market studies, and surveys to gather feedback.
  • Review interactions with customer teams to improve service quality.
  • Develop new content and services based on user preferences.

To Operate Advertising and Marketing Campaigns:

  • Administer sweepstakes, contests, discounts, or other offers.
  • Send personalized text messages with your consent for marketing purposes.
  • Customize advertising based on technical data and deidentified information.
  • Measure the effectiveness of advertising and marketing campaigns.                 

To Prevent, Detect, and Fight Fraud and Other Illegal Activities:

  • Find and address ongoing, suspected, or alleged violations of our Terms.
  • Design countermeasures against violations of our Terms.
  • Retain data related to violations of our Terms to prevent recurrences.
  • Enforce or exercise our rights as stated in our Terms.        

To Ensure Legal Compliance:

  • Verify copyright or intellectual property claims.
  • Comply with legal requirements and assist law enforcement.

Purposes - We rely on the following purposes to collect and use your information as described in this Policy:

Commercial purposes: We process your information for purposes 1, 2, 3, and 4 above to advance your economic interests or our economic interests. For example, when you purchase CLEARSTEM Skincare products, we use your information to complete the payment and deliver the products to you.

Business purposes: We process your information for purposes 1, 2, 5, and 6 above for operational reasons in a necessary and proportionate manner. For instance, we analyze user behavior to improve our offerings, process information to ensure safety, and enforce our rights.

Comply with applicable laws and regulations: We process your information for purpose 6 above to comply with applicable laws, regulations, and evidence of our compliance. For example, we retain data related to transactions to meet legal and statutory data retention obligations.

Consent: From time to time, we may ask for your consent to collect specific information or use your information for certain purposes, like direct marketing. You may withdraw your consent at any time.


5. Disclosures of Information to Others

As our goal is to provide you with great skincare products and services, we disclose your information to maintain and improve your experience with CLEARSTEM Skincare. Here's how and why we exchange personal information with contractors and third parties:

Functional Disclosures - We work with contractors who provide services related to the functionality and features of the CLEARSTEM Skincare platform. These services include payment processing, email and hosting services, software development, shipping and fulfillment, data management, and contest administration. We may disclose relevant information to these contractors to enable them to perform their services. However, contractors are not allowed to use your information for any other purpose.

For Personalized Ads - We share information with advertising partners to make the advertising presented to you more relevant. We may share categories of personal information for personalized advertising purposes. The specific third parties we share information with may include Attentive Mobile Inc., Google LLC, Microsoft Corporation, Klaviyo, Inc., Meta Platforms, Inc., Yahoo Inc.

For Legal Reasons - We may disclose personal information in response to subpoenas, court orders, or other legal processes, to protect our rights or defend against legal claims, or as required by law. In certain corporate transactions or events, such as mergers or asset sales, we may also disclose personal information.

With Your Consent or at Your Request - We may periodically ask for your consent to disclose your information to third parties for specific purposes. For example, we may offer discounts if you consent to join our mailing list. In such cases, we will explain the purpose and scope of the disclosure.


6. How Long We Retain Your Information

We retain your information only as long as necessary for the purposes described in this Policy. The retention period depends on the type of information and the specific purposes. For instance, we delete some Internet Activity data when you exit the CLEARSTEM Skincare platform, but we may retain records of your product orders for several years as required by law or contractual obligations.


7. Your Rights

In General - We want you to be in control of your information, and you have the following options and tools available to you:

Opting Out of Communications: You can opt out of receiving marketing messages and promotions from CLEARSTEM Skincare at any time.

Disallowing Location Data Collection: You can control whether to share your precise geolocation with us when using certain services.

Opting Out of Personalized Advertising: You have the choice to opt out of personalized advertising.

Requesting Access, Correction, and Deletion: You can request access to your personal data, correct inaccuracies, and request deletion of your personal information.

Rights under GDPR: If you reside in a jurisdiction where GDPR applies, you have rights regarding your personal data, such as the right to access, correct, and delete your information. You can also object to processing in certain situations.

International Data Transfers: By using the CLEARSTEM Skincare platform, you consent to the transfer of your information to the United States for processing. We use standard contract clauses or other appropriate transfer mechanisms when transferring personal data subject to GDPR outside of CLEARSTEM Skincare.

Rights under California Law: If you reside in California or another state with applicable privacy laws, you have certain additional rights, including the right to know, access, correct, and delete your personal information. You can also opt-out of the sharing and sale of your information.

Requesting Information: To exercise any of your rights or make inquiries regarding your personal data, you can contact us at CLEARSTEM Skincare. We will respond to your requests promptly, but certain requests may require verification of your identity.


8. Use by Minors

CLEARSTEM Skincare is intended for adult users, and we do not knowingly collect information from anyone under the age of 16. If you are under 16 and have provided us with information, please contact us, and we will promptly delete it.


9. Contact Us

If you have any questions or comments about this Policy, you can reach out to us at CLEARSTEM Skincare, 7440 Girard Ave #9, La Jolla, CA 92037, or email hello@clearstemskincare.com.


Notice of Financial Incentive

From time to time, we may offer you promotional pricing or discounts in exchange for enrolling in our SMS or email marketing messages. By confirming enrollment, you consent to receive our SMS or email messages until you opt-out, including any discount codes we offered you. The specific terms of any offer are disclosed at the time the offer is extended. To opt-in to emails, a consumer must enter their email address into the form and submit it. To opt-in to SMS messages, a consumer must enter their phone number and reply Y to the auto-generated message. To opt out of future emails, unsubscribe from our marketing emails by using the unsubscribe link in the email footer at any time. To opt out of future SMS, reply "STOP" to any of our SMS.