Markwins is committed to protecting your private information while you surf the Website. We want to keep all the visitors to the Website happy and secure, so we urge you to read the entire Policy (and if you are under 13 your parents must read it with you) so that you will know what Markwins does with the private information you provide to us. From time to time Markwins may revise our information collection and use practices or the features of our Website or technology. Any changes will be posted in the Policy and the effective date will be updated. You should review the Policy periodically so that you are up to date on our most current policies and practices. If Markwins materially changes its practices regarding information collection or use, your information will continue to be governed by the Policy under which it was collected unless you have been provided notice of and have not objected to the change. Your continued use of the Website after notification indicates that you do not object to any changes in the Policy.
COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION
When you use the Website, you may voluntarily submit personally identifiable information (“PII”) that can be used to contact or identify you and administer your account. PII may include, but is not limited to, your name, telephone number, credit card information, mailing address and e-mail address.
Sometimes we collect PII from consumers in manual format or off-line, such as a post card or subscription form. Providing detailed notice in those situations often proves impractical, so consumers will instead be provided with a short notice that describes how to obtain the full text of the Policy and other relevant information.
We may also obtain PII from reputable third parties. When we connect information that we obtain from third parties with PII that we have collected from the Website, we will treat the acquired information like the information that we collected ourselves, and, except as permitted by the Policy, will not disclose the information to third parties.
COLLECTION BY AUTOMATED SYSTEMS
We may collect and log certain non-personally identifying information which a user’s browser makes available whenever a user visits the Website (“Log Data”). This information may include a user’s Internet Protocol (“IP”) address (a unique number assigned to every computer on the Internet), home server domain name, computer type, browser type, browser language, as well as the date and time of a user’s visit. We use Log Data to administer, operate, develop, and improve the Website by tracking and storing information in the aggregate as it relates to user’s movement within the Website such as the pages from which the user was referred, entry and exit points for the Website, search terms, pages a user visits, page views/impressions, access times, domain names and browser types. None of the Log data is linked to a user’s PII.
Like many websites, we also use “cookies” to collect information. Cookies are small bits of information that the Website places on the hard drive of your computer. Cookies remember information about your activities on the Website and enable Markwins to make your visits to the Website more enjoyable. For example, cookies can store your password for easy logon to a site you have previously visited or can save your preferences for a personalized home page.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the Website you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of the services.
We may also use web beacons on the Website. A web beacon, also known as a “web bug,” is a small, graphic image on a Web page, in a Web-based document or in an e-mail message that is designed to allow us to monitor visitors to the Website, the IP address of the computer to which the Web beacon is sent, the URL of the page from which the Web beacon comes, and the time it was viewed. None of this information is linked to a user’s PII.
DO NOT TRACK SETTINGS
Do Not Track is a preference you can set in your browser to let the sites you visit know that you don’t want them collecting certain info about you. At this time, the Websites do not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions. For more information, including how to turn on Do Not Track, visit donottrack.us Third parties that have content embedded on the Websites may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Websites from a certain IP address. Third parties cannot collect any other personally identifiable information the Websites unless you provide it to them directly.
USE OF PII
Markwins may use your PII in the following ways:
E-Commerce: Our Website offers users the chance to purchase products. Users will need to provide PII in order to complete purchase transactions. If you are not comfortable with our policies, do not make a purchase through our Website.
DISCLOSURE OF PII
Markwins may share your PII with our service providers, affiliates, and vendors. Provided you have given us consent, Markwins may also share your PII with advertisers and business partners that are not affiliated with Markwins but would like to send you information about their products and services. Markwins’ employees, agents and contractors must have a legitimate business reason to obtain access to your PII. Markwins may share your PII with outside contractors or agents who help us manage our information activities (i.e., sweepstakes administration, order fulfillment, statistical analyses) but they may only use your PII to provide Markwins with a specific service and not for any other purpose.
There may be instances when Markwins may disclose PII without providing you with notice or choice in order to protect the legal rights of Markwins or other companies affiliated with Markwins or their employees, agents and contractors; to protect the safety and security of visitors to the Website; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if Markwins sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, Markwins may transfer your PII to a third party as part of that transaction.
Except as otherwise provided in the Policy, Markwins will only use a consumer’s Personally Identifiable Information for internal purposes and will not share it with any third party unless Markwins has the good faith belief that disclosure is reasonably necessary to:
• cooperate with law enforcement authorities or comply with legal process; • protect the property and rights of Markwins, its affiliates or a third party; • protect the safety of the public or any person; • prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable; • complete, as permitted by law, a business sale, asset transfer, merger, acquisition or reorganization; or • fix or debug problems with the Website’ servers, software or service.
We may employ third party service providers to provide services on our behalf or to perform services related to administration of the Website (including, without limitation, maintenance, hosting and database management services, web analytics, payment processing and administration). These third parties have access to Personally Identifiable Information only to the extent necessary to perform these tasks on our behalf and are obligated not to disclose or use Personally Identifiable Information for any other purpose.
We may share anonymous, aggregated information with third parties, provided that it is not traceable to any particular user. We will only do so under a contract which requires the third party assisting us to keep such information anonymous.
LINKS TO OTHER SITES
The Website may also be linked to sites operated by companies affiliated with Markwins. Although affiliated entities adhere to the Policy, visitors to those affiliated sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Policy.
Your PII may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to Markwins, please be advised that we transfer PII to the United States and process it there. Your consent to the Policy followed by your submission of such information represents your agreement to that transfer.
MARKWINS PROTECTS THE SECURITY OF PII
Markwins uses reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, Markwins uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
HOW TO ACCESS, CORRECT OR DELETE YOUR PII
Visitors to the Website may review the PII we maintain about them. If you would like to review, correct, or delete this information, please contact Markwins through any of the following options:
Via post or email: Attn: Lip Smacker Brand Manager (On-line Privacy), Markwins Beauty Products, Inc., 22067 Ferrero Parkway, City of Industry, CA 91789, or by e-mail at: email@example.com
REMEDIES AND COMPLIANCE: HOW TO CONTACT MARKWINS ABOUT PRIVACY CONCERNS
Markwins welcomes any suggestions on how to make Markwins a better and safer place. If you would like to communicate with us about the Policy or if you have privacy issues or complaints regarding the Policy, please contact us through any of the following options:
Attn: Lip Smacker Brand Manager (On-line Privacy), Markwins Beauty Products, Inc., 22067 Ferrero Parkway, City of Industry, CA 91789, or by e-mail at: firstname.lastname@example.org
The Policy outlines the information usage practices of Markwins. By accessing, browsing or using this Website or by submitting PII to Markwins you signify your agreement to the terms and conditions of the Policy.
YOUR CALIFORNIA PRIVACY RIGHTS
A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed Personally Identifiable information within the previous calendar year, along with the type of Personally Identifiable Information disclosed, for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please send an email to email@example.com.
1. The Information We Collect From Children, How We Use It, and How and When We Communicate With Parents
Markwins offers to its users a range of sites and applications, some of which are primarily targeted at children, and others that are intended for users of all ages and their families. Our sites and applications offer a variety of activities, including activities that may collect information from children. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for that collection.
Children can, in many cases, register with our sites and applications to view content, play games, participate in contests, and engage in special features, among other things. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. We strongly advise children never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.
About the collection of parent email address: Consistent with the requirements of COPPA, on any child-targeted site or application, or in any instance where we ask for age and determine the user is age 12 or under, we will ask for a parent or guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at EMAIL ADDRESS. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.
Content Generated by a Child
Certain activities on our sites and applications allow children to create or manipulate content and save it with Markwins. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent or require parental consent. If an activity potentially allows a child to insert personal information in their created content, we will either pre-screen the submission to delete any personal information, or we will seek verifiable parental consent by email for the collection. Examples of created content that may include personal information are stories or other open-text fields, and drawings that allow text or free-hand entry of information. If, in addition to collecting content that includes personal information, Markwins also plans to post the content publicly or share it with a third party for the third party’s own use, we will obtain a higher level of parental consent.
About Verifiable Parental Consent:
Email Consent. In the event Markwins wishes to collect personal information from a child, COPPA requires that we first seek a parent or guardian’s consent by email. In the email we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.
High-Level Consent. In the event Markwins collects personal information from a child that will be posted publicly, we will seek a higher level of consent than email consent. Such “high-level” methods of consent include but are not limited to asking for a credit card or other payment method for verification (with a nominal charge involved), speaking to a trained customer service representative by telephone or video chat, or requiring a signed consent form by mail, email attachment, or fax. After providing high-level consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s identity.
Teacher consent in lieu of a parent. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site.
Certain games and activities that are directed to children allow users to communicate directly with other users by means of a chat system. In most cases, these chat systems employ filters that are intended to prevent the communication of both personal information and age-inappropriate words and phrases. In addition to filters, we may employ live moderation and/or encourage other users to flag inappropriate communications. We strongly encourage children who use these interactive features on our sites and applications never to provide personal information about themselves or any third party, and certainly never to attempt to circumvent our filters or moderation. We also recommend that parents carefully supervise their children when the children participate in online activities.
Where Markwins employs a chat system that does not filter all or nearly all personal information, we will first seek high-level consent from the parent.
Contests and Sweepstakes
For contests and sweepstakes, we typically require only the information necessary for a child to participate, such as first name (to distinguish among family members) and parent email address (to notify the parent where required by law). We only contact the parent for more personalized information for prize-fulfillment purposes when the child wins the contest or sweepstakes.
Of course, some contests and sweepstakes ask the child to submit their own created content along with the child’s entry. In those instances, we may require parental consent prior to submission. Please see Content Generated by a Child above for more information on our collection, notice, and consent policies.
Email Contact with a Child
On occasion, in order to respond to a question or request from a child, Markwins may need to ask for the child’s online contact information, such as an email address. Markwins will delete this information immediately after responding to the question or request.
In connection with certain activities or services, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once. In such instances we will retain the child’s online contact information to honor the request and for no other purpose such as marketing. One example would be a newsletter that provides occasional updates about a site, game/activity, or , personality/character. Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent email address in order to notify the parent about the collection and use of the child’s information, as well as to provide the parent an opportunity to prevent further contact with the child. On some occasions a child may be engaged in more than one ongoing communication, and a parent may be required to “opt-out” of each communication individually.
Push notifications are notifications on mobile and other devices that are typically associated with downloaded applications, and which can communicate to the device holder even when the application is not in use. We will require a child to provide a parent email address before the child can receive push notifications from our child-directed applications that collect a device identifier. We will then provide the parent with notice of our contact with the child and will provide the parent the opportunity to prevent further notifications. Finally, we will not associate the device identifier with other personal information without contacting the parent to get consent.
If a child-directed Markwins site or application collects geolocation information that is specific enough to equate to the collection of a street address, we will first seek parental consent via email.
- provide children with access to features and activities on our sites and applications
- customize content and improve our sites and applications
- conduct research and analysis to address the performance of our sites and applications
- generate anonymous reporting for use by Markwins
In the event we collect (or allow others to collect) such information from children on our sites and applications for other purposes, we will notify parents and obtain consent prior to such collection.
Please contact us at the mailing address, email, or phone number below with questions about the operators’ privacy policies and collection and use practices:
Markwins Beauty Products, Inc., 22067 Ferrero Parkway, City of Industry, CA 91789, or by e-mail at: firstname.lastname@example.org
2. When Information Collected From Children Is Available To Others
In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:
- We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.
- We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.
3. Parental Choices and Controls
At any time, parents can refuse to permit us to collect further personal information from their children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service.
Where a child has registered for a Smoochie Club or Lip Smacker account, we use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their children:
- Parents can request access to and delete their child’s personal information by logging on to the child’s account through the Member Services Home Page located here. Parents will need their child’s username and password. The Your Account home page explains how to recover a password if the child cannot recall it.
- Parents can contact Guest Services to request access to, change, or delete their child’s personal information by sending an email to us at email@example.com
Parents of Smoochie Club users may contact Smoochie Club directly at:
Attn: Smoochie Club / Lip Smacker Brand Manager (On-line Privacy), Markwins Beauty Products, Inc., 22067 Ferrero Parkway, City of Industry, CA 91789, or by e-mail at: firstname.lastname@example.org
In any correspondence such as e-mail or mail, please include the child’s username and the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.
Effective Date: 04/24/15