Privacy Policy

Last Updated: 10/13/2021

Glow Concept Inc., its subsidiaries and affiliates (collectively “Glow Concept”, “we”, “our”, and/or “us”) respect the privacy of our users (“Users”, “you”, and/or “your”). This privacy policy (“Privacy Policy”) describes how we collect, use, share and safeguard Personal Information (as defined below) we collect from you in connection with your use of our Winky Lux website at www.winkylux.com (the “Site”). It also tells you about your rights and choices with respect to your Personal Information, and how you can contact us if you have any questions or concerns.

Please read this Privacy Policy carefully so that you understand your rights in relation to your Personal Information, and how we will collect, use and process your Personal Information. If you do not agree with this Privacy Policy or any part thereof, you should not access or use any part of the Site. Beyond the Privacy Policy, your use of our Site is also subject to our Terms of Service.

PERSONAL INFORMATION WE COLLECT

We collect Personal Information about you from different sources listed below. In this Privacy Policy, “Personal Information” means any information related to an identified or identifiable individual.

Personal Information You Provide to Us.

    • Registration and Account Information. If you create an account on our Site, we collect Personal Information such as your name, username, password, email address, postal address, phone number, and other profile information you choose to provide, such as your gender.
    • Communications. If you contact us directly, we collect Personal Information about you such as your name, email address, phone number, the contents of any message or attachments that you may send to us, and any other information you choose to provide. When you participate in a survey, we may also receive your contact details and your responses to our questions. We will also collect Personal Information from you, such as your email address and phone number, when you sign up to receive product updates, offers, and other promotional information or messages from us. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Site.
    • Refer a Friend. If you choose to refer a friend to use our Site, we collect the Personal Information about your friend that you choose to provide to us, such as their email address.
    • User Content. When you decide to write a product review, rate a product or otherwise post a comment, we will collect Personal Information about you such as your name, email address and any other information you choose to provide, such as your age, opinion about a product, product ratings or images you choose to send.
    • Virtual Try-on tool. If you choose to use the virtual try-on tool on our Site, our third-party service provider will collect and process Personal Information, including your image and information about how you use the tool, in order to provide you with the tool and for analytics and product improvement purposes. In order to operate the tool, our service provider will use technology to detect your facial features, but information about your facial features will not be stored.

If you do not provide your Personal Information when requested, you may not be able to use our Site if that Personal Information is necessary to provide you with our Site or if we are legally required to collect it. Where required by applicable law, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so.

Personal Information We Collect via Automated Means.

    • Device Information. When you visit the Site, we automatically collect certain Personal Information about your device, such as information about your web browser, Internet service provider, IP address, time zone, some of the cookies that are installed on your device, device identifiers, and advertising identifiers. Please see the section “How we use cookies” below to learn more about our use of cookies.
    • Usage information. When you browse the Site, we automatically collect information about the individual web pages or products that you view, the purchases you make, what websites or search terms referred you to the Site, the dates and times of your visits, and other information about how you interact with the Site. Please see the section “How we use cookies” below to learn more about our use of cookies.
    • Location Information. We may infer your general location information, for example, based on your IP address. If you choose to use certain features of our Site, such as to find Winky Lux products near you, our third-party service provider may receive the location information that you choose to provide through these features, such as your address, state, or postcode.

Personal Information We Receive from Other Sources.

    • Other users. We may receive Personal Information about you, such as your name or phone number, from other users who invite you to use our Site using the “refer a friend” functionality.
    • Other third parties. We may collect additional information about you from third parties, such as data or marketing partners,and combine it with other information we have about you.

HOW WE USE YOUR PERSONAL INFORMATION

We will use your Personal Information for the following purposes:

    • Providing you with the Site. We use your Personal Information to provide, maintain, improve, and enhance our Site and related services and programs, such as to complete the purchases you initiate, to handle payments, and to provide interactive functionality (including our virtual try-on tool) and facilitate invitations using the “refer a friend” functionality.
    • Personalization. We use your Personal Information to personalize your experience on our Site, such as by providing tailored content and recommendations.
    • Understanding usage and improving our Site. We may process Personal Information to analyze usage trends on our Site, improve our products and services, and develop new products, services, features and functionality.
    • Security and fraud prevention. We may process Personal Information to keep our Site secure and to identify and prevent fraud in the use of our Site, including conducting troubleshooting, testing and research.
    • Support. We may use Personal Information to provide technical support, including diagnosing and resolving any issues you report.
    • Communicating with you. We may use your Personal Information to communicate with you, including by text message, to provide you with updates and other information relating to our Site, provide information that you request and respond to comments and questions.
    • Customer relationship management. We may process your Personal Information for customer relationship management purposes.
    • For marketing and advertising purposes. We use your Personal Information to communicate with you regarding offers and discounts, and other news, products or services. We may also use your Personal Information to provide you with promotional and advertising materials that may be relevant, valuable or otherwise of interest to you, and to assess the success of our marketing and advertising campaigns.
    • Aggregation. We may aggregate or otherwise de-identify Personal Information and use the resulting information for other business purposes, as permitted by applicable law.
    • Administrative and legal Purposes. We may Process your Personal Information for compliance purposes, including enforcing our Terms of Service or other legal rights to comply with legal obligations and to defend Glow Concept against legal claims or disputes, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

How We Use European Personal Information

If you are in the European Economic Area, the United Kingdom (“UK”) or Switzerland (together “Europe”) we only process your Personal Information when we have a valid legal basis.

    • Consent. We may use your Personal Information when you have given your consent to do so. For example, to send you marketing communications.
    • Contractual necessity. We may use your Personal Information to perform our end of our contracts with you. For example, to provide you with the Site.
    • Legal obligation. We may use your Personal Information when we are legally required to. For example, to comply with tax and accounting obligations, or to comply with a court order.
    • Legitimate interest. We may use your Personal Information when we, or a third party, have a legitimate interest in doing so. For example, we have a legitimate interest in understanding usage and improving the Site. We only rely on our or a third party’s legitimate interests to process Personal Information when these interests are not overridden by your rights and interests.

How We Use Cookies

Cookies are small files of letters and numbers that we store on your browser or the hard drive of your computer. They contain information that is transferred to your computer’s hard drive. Our Site uses cookies, beacons, invisible tags, and similar technologies (collectively “cookies”) to collect information about your browsing activities and to distinguish you from other users of our Site. This aids your experience when you browse our Site and also allows us to improve the functionality of our Site.

The information collected via cookies may include Personal Information, such as your IP address, web browser, device type, and the web pages that you visit just before or just after you use the Site, as well as information about your interactions with the Site, such as the date and time of your visit, and where you have clicked.

We use the following cookies:

    • Strictly necessary cookies. Some cookies are strictly necessary to make our Site available to you; for example, to perform your login functionality and for user authentication and security. We cannot provide you with the Site without this type of cookies.
    • Functional cookies. These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your account preferences.
    • Analytics cookies. We also use cookies for analytics purposes in order to operate, maintain, and improve our Site. We use third party analytics providers, including Google Analytics, to help us understand how users engage with the Site. Google Analytics uses cookies to track user interactions which helps show how users use our Site. This information is used to compile reports and to help us improve our Site. The reports disclose Site trends without identifying individual visitors. You can read more about Google’s practices by visiting: www.google.com/intl/en/policies/privacy/, and learn how to opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout or via Google’s Ads settings.
    • Advertising cookies. We and our third-party partners use Cookies to help us and our advertisers show you relevant advertising, as well as to present ads to you on sites that are not owned or operated by us to promote our services, articles or events. The cookies are used to make advertising messages more relevant to you and your interests. They also perform functions like preventing the same ad from continuously re-appearing.

Our third-party partners, such as analytics partners, may use these technologies to collect Personal Information about your online activities over time and across different services.

WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We disclose Personal Information about you with the following recipients and in the following circumstances:

    • Vendors, business partners and service providers. We may share your Personal Information with third party vendors and service providers retained in connection with the provision of our Site. For example:
        • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: www.shopify.com/legal/privacy.
        • We use cloud service providers for data storage, disaster recovery and to perform our obligations to you.
        • We use analytics providers to collect and process certain analytics data to help us understand how you use the Site and help us improve it, such as Google Analytics.
        • We use providers of business communication tools to communicate with you.
        • We work with third-party advertising partners to show you ads that we think may interest you.
    • Other users. If you choose to post information or content on our Site, such as product ratings and reviews or images, please be aware that this information and content will be displayed on our Site and is viewable (and may also be shareable) by others. We are not responsible for other users’ use of available information and content, so you should carefully consider whether and what to post or how you identify yourself on the Site.
    • As required by law and similar disclosures. We may access, preserve, and share your Personal Information with law enforcement agencies, regulatory bodies, public authorities or pursuant to the exercise of legal proceedings if we believe, in good faith, doing so is required or appropriate to comply with applicable laws and regulations, to respond to law enforcement requests or a subpoena, court order, search warrant or other lawful request for information we receive, to respond to your requests, or to otherwise protect your, our, or others’ rights, property, or safety or to enforce our Terms of Service. For the avoidance of doubt, the disclosure of your Personal Information may occur if you post any objectionable content on or through the Site.
    • Merger, sale, or other asset transfers. We may transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your Personal Information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.
    • Glow Concept group. We may share your Personal Information with our affiliates, subsidiaries, branch offices and other members of the Glow Concept group of companies for the above-mentioned purposes.
    • Consent. We may also disclose your Personal Information with your permission.

YOUR RIGHTS AND CHOICES

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

    • Promotional materials. If you do not wish to have your email address or other contact information used by Glow Concept for marketing purposes to promote our own or our affiliates’ or subsidiaries’ products or services, you can opt out by contacting us as set out in the “Contact Us” section below. If we have sent you a newsletter or promotional email, you may opt-out of receiving them by following the instructions included in each newsletter or communication. You can unsubscribe from our promotional emails or change the frequency of our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative/transactional messages from us, such as order and shipping confirmation emails. Please see our Messaging Terms & Conditions for information about how to unsubscribe from our promotional text messages.
    • Accessing/updating your account information. You can update your account information through your account settings.

We do not control third parties’ collection or use of your Personal Information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

Your Cookie Choices

You have the following choices with regard to the use of cookies and similar technologies.

    • Many web browsers allow you to manage your preferences relating to cookies. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences. Please note that if you choose to block cookies, doing so may impair the use of our Site.
    • Some of our advertising partners are members of the Network Advertising Initiative (https://optout.networkadvertising.org/) or the Digital Advertising Alliance (https://optout.aboutads.info). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies.
    • There is no accepted standard on how to respond to Do-Not-Track signals, and we do not respond to such signals.

Your European Privacy Rights

If you are located in Europe, you may also have the following additional rights in relation to your Personal Information that we hold.

    • Access. You have the right to access the Personal Information we hold about you, and to receive an explanation of how we use it and who we share it with.
    • Rectification. You have the right to correct any Personal Information we hold about you that is inaccurate or incomplete.
    • Erasure. You have the right to request for your Personal Information to be erased or deleted.
    • Object to processing. You have the right to object to our processing of your Personal Information where we are relying on a legitimate interest or if we are processing your Personal Information for direct marketing purposes.
    • Restrict processing. You have a right in certain circumstances to stop us processing your Personal Information other than for storage purposes.
    • Portability. You have the right to receive, in a structured, commonly used and machine-readable format, Personal Information that you have provided to us if we process it on the basis of our contract with you, or with your consent, or to request that we transfer such Personal Information to a third party.

You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time, and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an incident took place.

You may exercise these rights by contacting us using the contact details at the end of this Privacy Policy. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, to the extent permitted by applicable law.

Your California Privacy

    • Rights Shine the Light. If you are a California resident and have provided your Personal Information to us, you have the right to request information from us once per calendar year regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:
        • the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
        • the names and addresses of the third parties that received the Personal Information; and
        • if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.

This information may be provided in a standardized format that is not specific to you. Requests for this information must be submitted to us in writing at the following email address: info@winkylux.com.

    • Eraser Law. If you are a California resident under the age of 18 that has a registered account on the Site and you wish to remove content that you publicly posted from our Site, you may submit a request by contacting us at info@winkylux.com. Removing the public content does not ensure complete or comprehensive removal of the content or information.

THIRD PARTIES

Our Site may contain links or features to other websites, products, or services that we do not own or operate, provided by third parties. Any Personal Information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, and governing privacy and security, even if accessed through the Site. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Site and we encourage you to learn about third parties’ privacy and security policies before providing them with your Personal Information.

Our Site allows you to, upon your direction, share information with social networking and other online services, such as Twitter, Facebook, Instagram, and Pinterest. You understand and agree that the use of your information by any social networking websites or other online services will be governed by the privacy policies of these third-party platforms and your settings on that platform. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to review their privacy policies before sharing any information with them.

DATA RETENTION

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the specific retention period, we take into account various criteria, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and the relevant statute of limitations.

SECURITY

We make reasonable efforts to protect your Personal Information by using safeguards designed to improve the security of the information we maintain. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your Personal Information.

CHILDREN

We do not knowingly collect, maintain, or use Personal Information from children under 18 years of age, and no part of our Site is directed to children. If you learn that a child has provided us with Personal Information in violation of this Privacy Policy, then you may alert us at info@winkylux.com.

INTERNATIONAL DATA TRANSFERS

Our Site is hosted in the United States (“US”) and intended for visitors located within the US. If you choose to visit the Site from Europe or other regions of the world with laws governing data collection and use that may differ from US law, then please note that you are transferring your Personal Information outside of those regions to the US for storage and processing. We may also transfer your data from the US to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site. By providing any information, including Personal Information, on or to the Site, you consent to such transfer, storage, and processing.

If you are located in Europe, we will comply with applicable data protection laws when transferring your Personal Information outside of your jurisdiction. We may transfer your Personal Information to countries that have been found to provide adequate protection by the European Commission or other competent authorities (e.g., see list of countries for which the European Commission has issued an adequacy decision here), use contractual protections for the transfer of Personal Information, transfer to recipients who have adopted Binding Corporate Rules, or rely on any exceptions or derogations provided by applicable data protection law which justify the transfer of your Personal Information. For more information about how we transfer Personal Information outside of Europe, or to obtain a copy of the contractual safeguards we use for such transfers, you may contact us as specified below.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. The updated version of the Privacy Policy will be effective when it is posted. The date the Privacy Policy was last revised is identified at the top of the page. Please monitor our Site and this Privacy Policy periodically to check for any changes. If we make material changes to the Privacy Policy, we will notify you through the Site, by email, or other communication.

CONTACT US

Glow Concept is the entity responsible for the processing of your Personal Information. If you have any questions or comments about this Privacy Policy, our privacy practices, or if you would like to exercise your rights with respect to your Personal Information, please contact us by email at info@winkylux.com or by mail using the details provided below:

100 Rivington St.

Ground floor

NY, NY 10002