Privacy Policy

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Privacy Policy

Use of this Website and its Data

Unless expressly permitted by Dermalactives in writing or elsewhere on this website, you may not copy, reproduce, distribute, publish, store, cache, disseminate, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the content of this website. You may not attempt to obtain lists of users or gain access to the personal information of users or others from or via this website. You also may not use spiders, crawlers, or similar utilities or use any automatic means to access, log in to the website to register regarding any of its features. You may not attempt to obtain unauthorized access to computer systems, data, or any services made available on or via their website or use their website or the services made available on or via it to interrupt, damage, disable, flood, or impair this website, or to interfere with any other party’s use and enjoyment of it. You may not use this website or its services or features in violation of any third party’s intellectual property or other proprietary or legal right, or of any applicable law. You may not attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this website.

Additional Features

This website may offer certain special features, functions, activities, offers, or promotions (such as contests, sweepstakes, or discounts at participating retailers) that be subject to terms of use, rules, or policies in addition to, or in lieu of, these terms of use. We may notify you of the foregoing, but it is your responsibility, before participating in any such event, to read and understand all applicable terms, rules, and policies related to it.
In the event that visitors shall be permitted to post comments, testimonials, and other content, for any content so posted, you grant Dermalactives and its affiliates, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell that content, in whole or in part, in any form, media, or technology now known or later devised or perfected. You represent and warrant that you own or otherwise control all of the rights to any such content that you may be permitted to post; that the content shall be accurate; that use of that content will not cause injury to any person or entity; and that you indemnify Dermalactives and its affiliates for all claims resulting from content you post.

Mobile Terms of Service

The Dermalactives mobile message service (the “Service”) is operated by Dermalactives (“Dermalactives”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Dermalactives’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Dermalactives through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Dermalactives. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt out of the Service at any time. Text the single keyword command STOP to +18339922911 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Dermalactives mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18339922911 or email info@dermalactives.com.
We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Intellectual Property

This website, the DERMALACTIVES brand, trademark and associated brands and marks, and Dermalactives’s product names and trade dress are protected from unauthorized use by applicable law. You are not granted any right to use, and may not use, any of Dermalactives copyrights and trademarks or other intellectual property; however, you may download material from this website solely for personal, private, non-commercial use by you. No part of this website, including, without limitation, the text, designs, graphics, photographs, and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted, distributed, or otherwise used in any way for any non-personal, public or commercial purpose without the prior written consent of Dermalactives.

Products

Dermalactives attempts to be accurate in its product descriptions. However, Dermalactives does not warrant that any product descriptions or other content on this website are accurate, complete, reliable, current, or error-free. The appearances of colors and other product characteristics may vary depending on the monitor you use and other technical factors. If the description of a product offered by Dermalactives via this website is not materially accurate, your sole remedy is to return it in unused condition.
Products made available through this website or purchased or received via it are for your personal, non-commercial use and not for resale. You may only order products from this website if you reside in the United States and you are at least eighteen years old. Unless otherwise indicated, all prices on this website are in United States dollars. You agree to pay in full for any purchases, including any applicable taxes and delivery charges. Certain products that you may purchase or otherwise receive via this website may be subject to additional terms and conditions provided to you at or before the time of purchase. The risk of loss for all products purchased from this website passes to you upon our delivery to the carrier. Dermalactives reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you, whether due to suspected fraud or impropriety, stock limitations, operational or marketing decisions, or any other reason; in that event, you will only be charged for quantities actually shipped.

Customer Accounts

You are responsible for maintaining the confidentiality of your account and any applicable password or other security device and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

Authorized dealers

This website is the official website of Dermalactives for the United States of America. To help ensure quality control, Dermalactives products are sold at retail exclusively by authorized retailers. A number of our authorized retailers also maintain websites that are authorized to sell Dermalactives products. If you obtain Dermalactives products from any source other than through this website or from an authorized retailer, you do so at your own risk, and any Dermalactives product guarantee may be void. If you have any doubt about whether a particular retailer is authorized in the United States, Canada, Latin America, and the Caribbean, please contact us at info@dermalactives.com. In Europe, Africa, the Far East, the Middle East, and the Pacific Rim, please contact us at info@dermalactives.com.

Suggestions

We welcome your suggestions, ideas, and other submissions about the website, its content, and our products. If you believe that you have a proprietary right to any such information or you want to assert any proprietary right in it, without use by us, please do not submit it to this website or show it to Dermalactives by any other means. If you want to send us any such material, you represent and warrant that it is original to you, that no other party has any rights to it, and that any “moral rights” in that material have been waived. You grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and what you have sent, in whole or in part, in any form, media or technology now known or later devised or perfected.

Limitations on Use

The use of this website is intended solely for informational and entertainment purposes and as an online store. This website is not intended to provide medical information or advice. If you believe that you have a medical condition or medical need that relates to, or could be affected by, the use of any Dermalactives product or service, consult your healthcare provider prior to use.
Dermalactives uses reasonable efforts to include only accurate and up-to-date information on this website; however, Dermalactives makes no representations or warranties about any information provided by or through this website by Dermalactives or any other party and assumes no liability for any errors or omissions. Dermalactives reserves the right to change the information included in, and content of, this website, including these terms of use, without prior notice.
This website may contain hot legal links or other references to other websites (together, the “Linked Sites”). We have no responsibility for the content, products, services, advertising, code, or other materials that you may access via any Linked Sites. legal links to Linked Sites do not constitute an endorsement or sponsorship by Dermalactives or its affiliates of whatever you may find on Linked Sites or via their use, howsoever accessed or perceived. If you visit any Linked Site, you may be subject to the terms of use, privacy policies, and other use documentation of those Linked Sites. The use of Linked Sites may be subject to laws and regulations inapplicable to this website in whole or part. You should investigate thoroughly the legal documentation posted on any Linked Sites prior to use of it.
If you wish to link from any other website to this website, you must first obtain our prior written consent, which may subsequently be withdrawn by us at any time and for any reason. Your link must open in a new browser window or tab and link to the full version of the website. You are not permitted to use any linking method by which content on this website may be displaced on another website (a practice sometimes referred to as “in-line” linking). You may not link from any other website to this website in any manner such that this website, or any page of it, is “framed”, by any third-party material. You may not use any meta tags or any other “hidden text” utilizing any Dermalactives trademark or other intellectual property without the express written consent of Dermalactives. Any unauthorized use automatically terminates the permission to link granted by Dermalactives.

LIMITATIONS OF LIABILITY

Dermalactives and its affiliates are not liable for any direct, incidental, consequential, indirect, or punitive damages arising from your use of this website, any linked site, or other website accessed through it. Without limiting the foregoing, this website, as well as all information and products and services included on it or made available to you through it, is made available “as is”, without any express or implied warranty of any kind, including, without limitation, the implied warranty of merchantability or fitness for a particular purpose. Dermalactives does not warrant that this website, any linked sites, or other websites accessed through it are free of viruses or other harmful components or features. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Some or all of the above disclaimers, exclusions, or limitations therefore may not apply to you, and you may have additional rights.

Disputes

By visiting this website, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any kind that might arise between you and Dermalactives related to them and your use of this website, including, without limitation, product purchases. Unless prohibited by applicable law, any such dispute shall only be adjudicated in any state or federal court in or for Middlesex County, New Jersey, and you consent to exclusive jurisdiction and venue in those courts.

Contact Information

Dermalactives Inc.
9663 Santa Monica Boulevard, Suite 1121
Beverly Hills, CA 90210
Customer Service- 1 (888) 546-9704

Updates

These terms of use may be periodically updated without notice to you. These terms of use shall apply in the form in which they shall be posted at the time that you shall visit in any instance. You are encouraged to check these terms of use regularly for updates. Last update: January 24, 2011.

Privacy Policy

Dermalactives.com (“Dermalactives”) knows that you care how information about you is used and shared. We respect your privacy, and we appreciate your trust. This is our privacy policy; by visiting this website, you accept the practices and procedures described in it. You should carefully review this privacy policy before using this website.
  1. Personal Information: For the purposes of this privacy policy, “Personal Information” is personally identifiable information about an individual, as more particularly described under applicable privacy laws. Personal Information may include, without limitation: (a) your name; (b) your mailing address; (c) your email address; (d) your telephone number; (e) credit card information and related financial information; and (e) information concerning your interests, occupation, product use and preferences, and other demographic information identified with you personally. If you have set up an account that is password protected in order to purchase goods from this website or for any other purpose for which a password is needed for use of this website, that password is also part of your Personal Information.
  2. Policy Scope and Purpose: is privacy policy applies to your use of this website and our treatment of Personal Information collected through it by or on behalf of us. The information that we receive from visitors and from those who purchase products via this website helps us improve the website and the services that we provide. Your use of other websites may be subject to different or additional privacy policies posted on linked or associated websites, or websites to which you may be directed; those privacy policies shall control your use of those websites. For information regarding the collection and use of information on any of those websites or other third-party sites, please refer to the terms of use and privacy policies provided by those websites. Your participation in any marketing or promotional program such as sweepstakes or contests made available through this website may be subject to additional privacy considerations, as well as other terms specifically related to that program. In the event of a conflict between the rules of any such promotion and this privacy policy, the rules of that promotion shall apply concerning Personal Information collected as part of that promotion; such conflicts may include the right to share that Personal Information with co-sponsors of the promotion and with advertising, marketing, and promotions administration companies.
  3. Our Information Collection Practices: The types of Personal Information that we receive and use are, (a) information you transmit to us. We collect and for a period of time, we store information that you send to us when using this website, whether by ordering products, asking for information, or otherwise. It is always your choice whether to provide any such information, but if you do not supply some items of requested Personal Information, some features or services of this website may not be available to you. You may also be asked to respond to additional questions to help us meet your needs, and if you request that information or that an order be sent directly to an individual other than yourself, you will also be asked to submit information about that individual. (b) Automatically Collected Information. When you visit this website to place an order, to register with us (if that option is offered), or simply to browse, read or download information, we may automatically collect and store the following types of non-personally identifiable information received from you. (i) Information from server logs found on your browser; (ii) click-through statistics; (iii) your IP address; (iv) the type of web browser you are using to access this website; (v) the type of operating system you are using; (vi) the name of the domain and host from which you access the Internet; (vii) the date and time you access this website; and (viii) the Internet address of the site from which you linked directly to this website. Automatically collected information of that kind typically provides us with a greater understanding regarding the use of this website, including which pages are the most popular with our visitors. That information also allows us to determine if this website is working properly and to make changes to this website that allows users to have better experiences on this website. We collect that information and track it for statistical purposes; we do not use it to identify or to market to a particular user. (c) Information from Other Sources. We might receive information about you from other sources that we believe have rights to provide that information to us, and we may add it to our account information.
  4. If you don’t provide Personal Information: You can use this website without providing any personal information. However, in order to take advantage of the full capabilities of this website and to obtain access to, and use of, many of the features found on this website, including placing orders for products offered for sale on this website, you must provide certain Personal Information. For example, we ask for your email address so that we can send you the product information you have requested; if you do not provide that email address, we will not be able to send you that product information. You may need to also provide Personal Information when you participate in various services and promotions made available via this website.
  5. Choices Regarding your Disclosure of Personal Information: You are not required to register for an online shopping account or provide us with any Personal Information we request. If you do provide Personal Information through this website or otherwise, including Personal Information regarding individuals other than yourself, we will presume that you have the authority to provide that Personal Information, that you have provided that Personal Information voluntarily, and that you consent to the use of that Personal Information in the manner envisioned by this privacy policy.
  6. Use and Disclosure of Personal Information: We do not sell, rent, license, or trade Personal Information gathered on this website to any third parties, except as provided in this privacy policy. We may aggregate and use certain non-personally identifiable information and may share that information and statistical information with our marketing partners, advertisers, or other third parties for research or marketing purposes.
  7. Business Uses of Information: Dermalactives uses Personal Information you provide to us: (a) for login and marketing purposes; (b) to provide the products or services that you have ordered or requested; (c) to allow you to participate in sweepstakes, contests, and other promotions; (d) to process and ship orders; (e) to send order and shipping confirmations; (f) to provide customer service and respond to your requests and inquiries; (g) to keep records regarding returns and exchanges; (h) to protect both you and us against error and fraud; (i) to send information and product and service alerts; and (j) to record usage of this website. In addition, we may use your Personal Information to customize advertising and marketing information regarding our products and services, to contact you regarding our products and services, to enhance product and service offerings, and to fulfill promotions. You may also be asked whether you wish to receive information from third parties; upon your consent, Dermalactives or those third parties may use your Personal Information to contact you.
  8. Service Providers and Vendors: We may also share your Personal Information with certain third parties that perform services for us. Those third parties may host this website, operate certain features on this website, print or send mailings, authorize and process your payments, provide customer service, analyze data and assist in fulfilling your orders, send e-mails on our behalf, or otherwise assist us with the operation of this website. Those third parties are not authorized to use or disclose your Personal Information for any purpose other than to perform the services designated by us.
  9. Shared Personal Information: We may share your Personal Information among our affiliates. They may use your Personal Information to offer products and services to you consistent with the purposes identified in this privacy policy, including the marketing of Dermalactives products and services. Your Personal Information may also be transferred as an asset in connection with a merger or sale involving all or part of Dermalactives or as part of a corporate reorganization, stock sale, or other change of control. Dermalactives may also provide your Personal Information to a third party if Dermalactives is required by law so to disclose your Personal Information. For example, Dermalactives may be required to disclose your Personal Information to respond to a subpoena, court order, or other legal processes. We may also disclose this information in response to a law enforcement agency’s request, or where we believe it is necessary to investigate or address unlawful acts or acts that may endanger the health or safety of a consumer or the general public, to verify or enforce compliance with the terms of use and policies that govern this website or as otherwise required or permitted by law. In addition, the Personal Information you provide to us may be transferred as an asset in connection with a merger or sale involving all or part of Dermalactives or as part of a corporate reorganization, stock sale, or other change of control.
  10. Consent to Processing and Transfers of Information: As part of its business operations, Dermalactives may transfer information that you send to us, including, without limitation, Personal Information, to recipients in countries that do not provide the same level of legal data protection as the country from which you access this website. By using this website, you consent to those transfers and to the processing by Dermalactives of that information.
  11. Notice for Parents: This website is considered to be a general audience site and is not intended for use by children. Dermalactives does not sell products that are intended for purchase by children and does not intend to collect Personal Information from individuals under the age of thirteen. If you are the parent or guardian of a child who has provided Personal Information to us, please inform us as provided under the Section “Managing Your Information” below, and we will delete that Personal Information.
  12. Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s hard drive to identify previous visitors to the site. We use cookies to store information about your visit to this website in order to enhance your visit to this website. For example, storing that information will allow us to, on occasion, to customize account pages for you. We also use cookies and tracking technologies to (a) track user visits and account set-ups; (b) track your shopping cart and purchases, and (c) save your password so you do not have to provide it each time you visit this website. Cookies are text files that can be rejected, disabled, or deleted by you at any time. You may be able to disable or delete cookies using your Internet browser settings. However, by disabling, deleting, or rejecting cookies, you may inhibit the user experience on this website and other websites. For example, in order to complete online product-purchase transactions, cookies must be accepted.
  13. Security: Dermalactives, their affiliates, and authorized third parties to employ reasonable measures, including administrative, technical, and physical measures, to protect your Personal Information from unauthorized access, loss, alteration, use, or disclosure. For example, any Personal Information you enter on our accounts setup page, including, without limitation, your credit card and personal registration information, is encrypted before transmission to this website’s server by using encryption software. In addition, we use reasonable measures to limit the disclosure of your Personal Information only to certain staff within Dermalactives, its affiliates, and third parties providing services on our behalf, and to require that they process the data only for the purposes identified in this privacy policy. However, your Personal Information can never be entirely secure. As with other types of information, it may be transmitted over networks without appropriate security measures and may potentially be accessed, deleted, altered, used, or disclosed by unauthorized persons. You can help us to protect your Personal Information by, (a) not sharing your password or other account information with others; (b) using a secure web browser, and (c) changing your password frequently.
  14. Managing Your Information: At any time, you are entitled to request access to and make corrections to the Personal Information we have collected via this website. In addition, if you no longer wish for us to process your Personal Information in accordance with your “opt-in” selection, you may request that we modify the status of your “opt-in” selection or you may “opt-out” and have your Personal Information removed from our database. To “opt-out” or modify your “opt-in” status, re-access the account that you established on this website. The account setup will allow you to change your “opt-in” selection. Please note that modification of the “opt-in” status or “opting-out” will not stop marketing or advertising content: (a) that is ready to be mailed or is queued for transmission to you prior to the time when we can remove your Personal Information or modify your “opt-in” status; or (b) from being sent by third parties with whom Dermalactives may have already shared your information. Dermalactives also reserves the right to retain any Personal Information reasonably necessary to appropriately document its business activities and for archival and record retention purposes. We will store your Personal Information for as long as reasonably necessary for the purposes described in this privacy policy and as required by applicable law. You may find out more details regarding this privacy by contacting us as provided below.
  15. Managing Preferences: When you set up an account or click on the My Account area of this website, you will have an opportunity to make or change your selections regarding receiving promotional communications from us. If you have not established an account but have instead signed up for our email list, you will be able to change your e-mail preferences by clicking on an “unsubscribe” hyperlink contained in the promotional e-mails we send you. Please note that removal of Personal Information from our database or “opting-out” will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request.
  16. Updates and Changes: We may change this privacy policy from time to time by posting updated versions of the privacy policy on this website. If we make changes to this privacy policy, we may post a notice on this website, but it may only be up for a limited period of time. By continuing to use this website, you agree to the terms contained in this privacy policy and any updates; it is your obligation to review this privacy policy from time to time and to review updates that are posted on this website. The information we collect on this website will be treated in accordance with the privacy policy as in effect at the time the information is collected.
  17. Contact Us: If you have questions regarding your privacy on this website, you can reach a Customer Service representative by calling 1(888) 546-9704 or faxing 1(702) 434-1154
    To inquire about the status of an order, you can also e-mail info@Dermalactives.com.
    California Privacy Rights
    Under California law, if you are a California resident, you have the right to request that we do not share your Personal Information with third parties for use in direct marketing by them to you. To make such a request, please write us at Dermalactives, Attention:
    Website Customer Service
    20725 Prairie st
    Chatsworth CA 91311