Last updated Monday, 28 October 2024
OESKN GROUP LLC, EIN 93-2606376, 8637 NW 12th Street, Plantation 33322, Florida, United States (hereinafter “OESKN”) takes the privacy of its users (“Users”) very seriously. The purpose of this “Privacy Policy” is to explain to Users how OESKN collects, retains, processes, shares, and transfers Users' personal information, as defined in the Terms and Conditions for the purpose of providing its Services through a mobile application available on iOS and Android system and different websites (hereinafter and collectively, the “Platform”).
These Privacy Policy apply to the extent of the service that the User is using, whether through the application or the website.
For the purposes of this Privacy Policy, Users shall be the natural persons contracting the OESKN Service, as defined in the Terms and Conditions.
By providing OESKN with their personal data through the Platform, Users expressly consent to the fact that OESKN may process such data under the terms of this Privacy Policy and for the purposes set forth herein.
Users must read this Privacy Policy before registering or using the Platform Services. In no event will OESKN collect personal data from Users without their consent and without their having voluntarily provided such data.
OESKN reserves the right, at OESKN's discretion, to modify this Privacy Policy from time to time to reflect changes in OESKN's business or services, or applicable laws. To that end, OESKN will provide Users with thirty (30) days' prior notice of any such modification on the Privacy Policy page of the OESKN Platform. OESKN may also notify Users of modifications using contact information, email or other means of contact if provided by Users. The revised Privacy Policy will be effective as of the date of posting. Users may contact OESKN if they have questions about OESKN's privacy practices that are not addressed in this Privacy Policy.
Users agree to provide truthful and accurate information. They shall also be solely responsible for any loss or damage that OESKN or any of its affiliates or third parties may suffer as a result of the data provided being false, inaccurate, not up to date or not authentic.
Who is responsible for the processing of personal data provided by Users?
1.1. All Personal Data provided or collected through the Platform will be processed by OESKN, whose contact details can be consulted below, as the database controller.
Responsible for the database:
Identity: OESKN GROUP LLC
Mailing Address: 8637 NW 12th Street, Plantation 33322, Florida, United States.
Contact Email: privacy@oeskn.com
2.1. OESKN's service consists of making available to Users a platform through which it will offer a personalized approach to skin care (hereinafter, the “Service”).
2.2. The User understands and accepts that any concept not defined in this document may be defined in the Terms and Conditions of Service supplementary to this Privacy Policy.
3.1. OESKN processes personal information from Users to provide its Service (“Personal Information”).
3.2. In general, the User's Personal Information will include, for example but not limited to: First and Last Name, Email, Birth Day, Gender, Ethnicity, Home City, a Front Facing Selfie, Skincare average monthly spend; skincare time commitment; skin and product understanding; skincare habits/dedication; aspirations with OESKN, User ID, Device ID.
3.3. In particular, OESKN may collect the following information:
(i) Registration and Usage Information: when Users use the Services OESKN will collect Personal Data necessary to provide the Service to Users. For example, but not limited to, OESKN may request the location and country where the User lives in order to understand the environment and climate to which the User's skin is exposed.
(ii) Additional information that Users wish to share: information that Users provide to OESKN for other purposes, such as those that form part of the User's contributions.Information about communications made with OESKN: OESKN will have access to the information that Users provide for the resolution of doubts or complaints about the use of the Platform.
(iii) Geolocation information: OESKN may collect information related to the geolocation of the User for the purpose of providing the Service.
(iv) Non-Identifying Information: OESKN may also collect other information, demographic data, information regarding the User's use of the Service and general data related to the Service (“Non-Identifying Information”). OESKN may aggregate the information collected from registered users. In some cases, OESKN may convert Personal Data (generally, e-mail address) into a form of Non-Identifying Information.
3.4. OESKN uses this information to operate, improve and enhance the OESKN Services.
4.1. OESKN receives technical information when the User uses the Platform or the Service. OESKN uses these technologies to analyze how Users use the Service, improve the Platform, save the User's login information for future sessions, and provide the User with advertisements and/or recommendations that are of interest to the User.
4.2. OESKN and its third party service providers, including analytics and third party content providers, may automatically collect certain information from the User whenever the User accesses or interacts with the Service or the Platform. This information may include, among other information, the browser and operating system the User uses, the search terms the User entered into a search engine that led to the Service, the areas of the Service the User visited, the links the User clicked, the pages or content the User viewed and for how long, other similar information and statistics about User interactions, such as content response times, download errors and length of visits to certain pages, and other information that is routinely shared when browsers communicate with websites. OESKN does this in order to improve the OESKN Service.
5.1. OESKN has no interest in retaining Users' Personal Information for any purpose other than the effectiveness of its Service. OESKN may retain Personal Information to fulfill OESKN's legal obligations and for OESKN's business purposes. OESKN may retain Personal Information for longer periods than required by law if it is in OESKN's legitimate business interest to do so and is not prohibited by law.
5.2. In the event that OESKN needs to close an Account, OESKN may take steps to anonymize Personal Information and other information, but OESKN reserves the ability to retain and access Personal Information for as long as necessary to comply with applicable law. OESKN will continue to use and disclose such Personal Information in accordance with this Privacy Policy.
5.3. OESKN collects, processes and discloses Users' personal data only for specific and limited purposes. For example, to provide the Service, to evaluate and process potential complaints, to develop and improve the Service, communication methods and functionality of the Platform, to provide personalized services, and to conduct targeted communications and advertising to Users.
6.1. OESKN collects, may process and disclose Users' Personal Information for the following purposes:
(i) To execute the Services proposed in the Platform;
(ii) Processing and responding to Users' inquiries or contacting Users to respond to their questions and/or requests;
(iii) Develop and improve the Service, communication methods and functionality of the Platform;
(iv) Communicate information to Users and manage their registration and/or subscription to OESKN communications;
(v) Authenticate the identity of persons who contact OESKN;
(vi) To perform billing for the Services and/or for third parties to bill for their services;
(vii) To understand and assess the changing interests, wants and needs of consumers in order to improve the Platform, current Services and/or develop new services;
(viii) To provide personalized services, targeted communications and advertising, as well as service recommendations to Users;
(ix) For marketing purposes. To manage risk and protect the Platform, Service and Users against fraud by verifying the identity of Users, and helping to detect and prevent fraud and abuse of the Platform or Services.
(x) Manage OESKN's business needs, such as monitoring, analyzing and improving the Services and the performance and functionality of the Platform.
6.2. If the ownership of OESKN changes or the majority of its assets are acquired by a third party, Users are informed that OESKN will transfer their data to the acquiring organizations in order to continue providing the Service that is the subject of the data processing. The new database manager will inform Users of their identification data. OESKN declares that it will comply with its duty to inform the competent supervisory authority in the event of such circumstances, and will inform Users of the change of data controller at the time it occurs.
6.3. OESKN may transfer their personal data to third parties associated with OESKN, provided that Users have given their express, informed and unequivocal consent to do so and is aware of the purpose and recipient of such transfer.
7.1. Users have choices regarding privacy practices and communications described in this Privacy Policy.
- Personal Information. Users may decline to provide Personal Information, but certain Services or the entire Services may not be available to Users.
- Cookies. Users may have options to manage cookie preferences. For example, the User's browser or Internet device may allow the User to delete, disable or block certain cookies and other tracking technologies. Users may choose to enable these options, but doing so may prevent Users from using many of the core features and functions of the Service and relegate a better experience.
- Account Registration and Information. Users have an Account and can generally review and edit Personal Information directly or by contacting OESKN. This is provided that the information obtained in the Account has been entered directly by the User. In the event that the User has registered the Account through third party platforms, such as, but not limited to, Google or Apple, the User must modify it´s information through the pages of said third parties. The User shall have no claim against OESKN in the event that third party platforms have been used to create the Account. Users may contact OESKN if they have questions about their Account information or other Personal Information.
- Communication. Notices, alerts and updates from OESKN:
- Marketing : OESKN may send Users marketing content about OESKN, third parties , the Platform and the Service through various communication channels, e.g., email. Users may opt out of receiving these marketing communications by following the instructions in the communications they receive.
- Informational and Other: OESKN will send communications to Users as necessary in connection with: (i) the Service; (ii) notifications containing important information; and (iii) other communications that Users request from OESKN.
8.1. Solely for the purposes set forth in this Privacy Policy and to carry out the Service, Personal Information may be disclosed by OESKN as necessary to authorities and other third parties, such as third party service providers used in connection with the OESKN Service and related services.
8.2. OESKN may also share non-identifying information with third parties. The User has a choice as to whether OESKN shares the User's personal information with third parties.
8.3. OESKN may share aggregated non-identifying information and OESKN may otherwise disclose non-identifying information (including, without limitation, anonymized information) to third parties. OESKN will not share the User's Personal Data with third parties for such third parties' marketing purposes, except for those third parties with whom the User has provided consent through this Privacy Policy.
For its part, OESKN may share the User's photographs with a third party provider for the purpose of analyzing the User's skin and having the possibility of generating metrics for different aspects of the skin such as, but not limited to, acne, expression lines or pores.
OESKN will share the User’s personal information with internal or independent dermatologists only when strictly necessary, and will do so in an anonymized way. This means that the mentioned dermatologist will not be able to identify the individual to whom the information pertains.
8.4. OESKN may also share information it has collected about the User, including Personal Information, as disclosed at the time the User provides its Personal Data, with the User's consent as described in this Privacy Policy, or in the following circumstances:
(i) Service Providers: OESKN may contract with third party companies and individuals to facilitate the Service, provide the Service on OESKN's behalf, perform services related to the Service (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and enhancement of OESKN's functions) or to assist OESKN in analyzing how the Service is used. These third parties may have access to the User's Personal Information to perform these tasks on OESKN's behalf.
(ii) Legal and Investigative Purposes: OESKN will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. OESKN will disclose information about the User to governmental authorities or law enforcement officials or private parties when OESKN, in its sole discretion, deems it necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas) or to (a) protect the property and rights of OESKN or a third party, (b) protect the safety of the public or any person, or (c) prevent or stop activity that OESKN may consider to be illegal, fraudulent, unethical or otherwise at risk of being illegal.
8.5. Because OESKN is a U.S. company, OESKN processes and stores User information in Iowa and OESKN's service providers may process and store it in other locations.
If the User is located outside the United States and chooses to provide information to OESKN, the User understands and agrees that the United States may not have the same data protection laws as the country in which the User initially provided the information.
8.6. The Service is managed by the OESKN team at its headquarters at [Address]. OESKN uses service providers to operate the Platform and provide the Service. Not all of these service providers may be located in the United States and process User data in the United States.
9.1. OESKN maintains technical, physical and administrative security measures designed to provide reasonable protection of Users' Personal Information against loss, misuse, unauthorized access, disclosure, interference and alteration. Security measures include end-to-end data encryption, scrambling, and information access authorization controls. However, taking into account that the Internet is not a totally secure medium, OESKN does not guarantee that the security measures adopted will prevent unlawful and malicious third parties from gaining access to Users' Personal Information and the absolute security of such information during transmission or storage on OESKN's systems. While OESKN strives to ensure the security of the Platform's systems and Services, Users are responsible for ensuring and maintaining the privacy of their password(s) and Account, registration information and for verifying that the Personal Information OESKN maintains about Users is accurate.
9.2. As mentioned above, OESKN has adopted the necessary measures recommended by personal data legislation to maintain the required level of security, according to the nature of the personal data processed and the circumstances of the processing, in order to avoid, as far as possible and always according to the state of the art, its alteration, loss, processing or unauthorized access.
10.1. OESKN respects the rights of Users with regard to the protection of personal data. To this end, the User knows and accepts that he/she has the following rights:
(i) Right to be informed. The User has the right to receive clear, transparent and easily understandable information about the way in which OESKN uses its Personal Information and the rights to which he or she is entitled. Therefore, OESKN provides them with the information contained in this Privacy Policy.
(ii) Right of access and rectification. Users have the right to access, rectify or update their Personal Information at any time.
(iii) Right to restrict processing. In certain circumstances, Users have the right to restrict the processing of their Personal Information.
(iv) Right to object. In certain circumstances, Users have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from OESKN notifying them or being contacted with various potential opportunities).
(v) Right to withdraw consent. If Users have consented to OESKN's processing of their Personal Information, they have the right to withdraw their consent at any time (although if they do so, it does not mean that anything OESKN has done with their Personal Information with their consent up to that point is unlawful). Users may withdraw their consent to the processing of their Personal Information at any time by contacting OESKN with the details provided below.
10.2. Holders of Personal Information may exercise the aforementioned rights by sending a written request to OESKN at the address: 8637 NW 12th Street, Plantation 33322, Florida, United States. OESKN will take care to respond to the request in a timely manner and proceed to enforce the User's applicable rights.
10.3. In the event that Users believe that their rights under data protection law are infringed, they may file a complaint with the supervisory authority of the place of residence of the Users. By way of example for Europe, data protection authorities are independent public authorities that supervise, through investigative and remedial powers, the application of data protection law. They provide expert advice on data protection issues and handle complaints filed for breaches of the General Data Protection Regulation (GDPR) and relevant national laws. There is one in each EU member state. In general, the main point of contact for data protection issues is the data protection authority of the EU Member State in which the User or the legal entity processing such Personal Information is based. To find the appropriate authority, the User or the Company can go to the following link: https://commission.europa.eu/law/law-topic/data-protection/data-protection-eu_es#autoridades-nacionales-de-protecci%C3%B3n-de-datos.
11.1. The Service is not intended for or directed at children. OESKN does not knowingly collect information, including Personal Information, from children or others who are not legally able to use the OESKN Platform and Service. If OESKN obtains actual knowledge that it may have collected Personal Information from children, OESKN will promptly delete it, unless OESKN is legally required to retain such data. Please contact OESKN if Users believe that OESKN has mistakenly or unintentionally collected information from minors.
12.1. OESKN will retain Users' Personal Information for 2 (two) years after the User terminates its Account. Personal Information may also be retained so that OESKN can continue to improve the User's experience through the Service. OESKN will actively review the Personal Information retained and securely delete it, or in some cases anonymize it, when there is no longer a legal, business or consumer need to retain it.
13.1. The Platform contains links to other websites. If the User decides to click on a third party link, the User will be directed to that third party's website. OESKN's linking to a website does not constitute an endorsement, authorization or representation of OESKN's affiliation with such third party, or an endorsement of its privacy or information security policies or practices. OESKN does not exercise any control over third party websites. These other websites may place their own cookies or other files on the User's computer, collect data or solicit Personal Data from the User. OESKN encourages the User to read the privacy policies or statements of the other websites he or she visits.
14.1. Changes to this Privacy Policy will be posted on the Platform. If OESKN makes a material change to OESKN's privacy practices, OESKN will provide notice on the Platform and by other contact information that the User(s) have provided.
15.1. This Privacy Policy shall be governed by the laws of [ ], United States. Any dispute arising out of the interpretation or enforcement of this Privacy Policy or otherwise shall be subject to applicable Delaware law and the exclusive jurisdiction of the courts of the judicial district of Delaware.
16.1. If Users have any questions or concerns regarding OESKN's Privacy Policy, please contact OESKN. All contacts and inquiries regarding this Privacy Policy should be directed to privacy@oeskn.com.