By using or accessing the WB Sites, you agree to the collection and use of information in the manner described in this Policy. WAVE shall have right at any time and without prior notice, at its sole discretion, to revise this Policy. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms on WB Sites. You are responsible for reviewing the WB Sites periodically for any modification to this Policy.
This Policy is part of our Terms of Service. If you do not agree to the practices in this Policy and our Terms of Service, do not use or access the WB Sites.
This policy applies to all information collected on the WB Sites and any information you provide to WAVE, primarily Personal Information, which deals with individuals, rather than organizations or businesses. “Personal Information” uniquely identifies an individual or can identify an individual by combining it with other data. It includes financial and account information, as well as email addresses, phone numbers and other information associated with the individual. The legal name and definition of personal information differs from jurisdiction to jurisdiction. WAVE will not use or share Personal Information other than as described in this Policy.
We collect Personal Information about you that may include financial and account information such as your name, e-mail address, general usage metrics of the WB Sites, your financial payment information, your birthday, email communication history with WAVE, studio visit history, purchase history and other information associated with you or your organization, information you provide at any of our physical franchise locations, as well as other information that may or may not specifically identify you. The information collected on the WB Sites may be stored at servers, computers, or other media located in the United States.
Ratings and Reviews
WAVE reserves the right to collect and store any information posted or submitted by you to the WB Sites or any public forum. Such postings include but are not limited to rating and product reviews, whether submitted directly to the public forum or WB Sites or through ratings requests sent by WAVE. By submitting a rating or review, you give WAVE permission to post your ratings and reviews on the WB Sites.
We may obtain information about you from third-party sources, such as any of our Amazing Lash Studio® franchisees, Google, or Apple, when applicable. This information may be utilized, analyzed, and/or compared with information that WAVE has collected from you or that you have submitted to the WB Sites. If WAVE obtains information from third-party sources, you agree that your sole legal remedy for any harm associated with that information is against the third-party that provided the information to us, and that you will not assert any cause of action, claim or demand against us other than requesting we delete any erroneous information.
Information Collection Technology
We may use various technologies, including “cookies” to collect information, pursuant to your use of the WB Sites from your electronic device about your activities using the WB Sites. We may collect and store non-personally identifying information through cookies and third-parties to profile user activity and preferences. Technical and specification information about your device and settings may be collected when you use the WB Sites. This information may include your Internet Protocol (“IP”) address, your browser type, operating system, access time(s), the content of previously accepted “cookies” from us, and the website address that referred you to the WB Sites.
A cookie is data stored on your device that tracks non-personal information about you. When using the WB Sites, we may assign your device one or more cookies that enable us to improve the quality of the WB Sites and to personalize your experience. Cookies allow us to automatically collect information about your activity on the WB Sites, such as the content you access while using the WB Sites, the links you click, and other activity you conduct while using the WB Sites. You may choose to modify your device setting to disable cookies or limit their use. If you choose to disable or limit cookies, or otherwise limit your device permissions to the WB Sites, you may experience diminished performance from the WB Sites and/or may be prevented from using some or all features of the WB Sites. Our cookies generally fall into one of four categories: Essential, Functional, Analytics and Target.
The WB Sites may contain web beacons (also known as “clear gifs”) or similar technologies that gather non-personally identifiable information about your use of the WB Sites. Such technology may also be contained in e-mail messages or newsletters from us that allow us to determine whether messages have been accessed. The purpose of our use of this technology is so that we may analyze the effectiveness of our marketing efforts and the quality of the WB Sites.
Personal Information About Users Under 18 Years of Age Not Collected
The WB Sites are meant for adults and those who have reached the age of majority as defined by the laws of their domicile. The WB Sites are not meant for individuals under the age of eighteen (18) or those defined by the laws of their domicile as minors. Nonetheless, this Policy is still designed to comply with the Children’s Online Privacy Protection Act (“COPPA”) to the extent COPPA applies to WAVE. Accordingly, WAVE does not knowingly collect or retain any personal information about users under the age of information about a child under the age of 13, that information will be promptly deleted from our databases and all other media. Since we do not knowingly collect information from users who are under 13 years old, no such information is disclosed to third-parties.
The following section only applies if you use one of our mobile software applications. The WB Sites may require certain permissions on your mobile device in order to work as intended. You can either allow or deny the WB Sites System access to the permissions. In some cases it is necessary for you to grant the Software permissions to take full advantage of features or functionality of the WB Sites. If you disallow some or all permissions, the WB Sites may not function properly. Some of the permissions needed may include access to your device’s: camera; calendar; location; phone; sensor; SMS; and storage. Additional permissions may be requested as new features are added in the future.
Information Use and Sharing
We may use and share your information for any legally permissible purpose. We may match, use, and share any of the information we collect from you to any personally identifiable information we obtain through third-parties. Examples of some ways we may use or share information that we collect about you include:
providing you with use of the WB Sites;
providing you with products or services, whether from WAVE, Amazing Lash Studio® locations, Amazing Lash Studio® franchisees, subsidiaries or sponsors;
providing you with customized content and services;
providing technical or customer support;
performing research and analysis to gauge the use of the WB Sites;
communicating with you by e-mail, postal mail, telephone, text message, and/or mobile devices about products or services that may be of interest to you from WAVE, Amazing Lash Studio locations, subsidiaries, Amazing Lash Studio® franchisees or sponsors;
enforcing WAVE’s Terms of Service, any agreements or otherwise manage its business; and
performing functions as otherwise described to you at the time of collection.
You acknowledge and agree that WAVE may use and disclose your personal and non-personal information to public or private third-parties: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to cease and desist letters, arbitration proceedings, legal actions and suits, criminal and civil subpoenas, any court orders; (iii) to enforce or apply the terms of this Policy or any other agreement between us; and (iv) to protect our, our users, and others’ rights, property, or safety whether during or after the term of your use of the WB Sites.
Except as otherwise provided in this Policy, we will not sell, rent, license or trade your Personal Information to a third party.
Unless otherwise provided in this Policy, we shall not disclose Personal Information you submit to us except (i) with Affiliates, partners, licensees, subsidiaries, Amazing Lash Studio® franchisees and successors, (ii) when we have your permission, or (iii) as necessary to:
third parties who provide information technology services such as website hosting, computer systems maintenance, or data security and privacy services;
our partners, vendors or others who help us operate the WB Sites or assess your interest or satisfaction with the WB Sites, our organization, or our products, provided they have similar contractual obligations; or
To comply with our legal obligations, enforce our Terms of Service, this Policy or otherwise to protect the rights, property or safety of our users and business partners.
Communications from Us
Unless you opt out of certain communication features, we may use your information to communicate with you, such as through e-mail, newsletters, and telephone. You may opt out and/or unsubscribe to communications at any time. See the Opt-Out Provisions and Updating Your Information section below for applicable contact information and directions.
Legal Process and Investigation Issues
From time to time, WAVE may be required to respond to a subpoena or similar investigative demand from law enforcement, a court order, a government agency, or a private litigant. WAVE reserves all rights to defend, within its sole discretion, against such legal requests, demands, and claims. For instance, WAVE may raise or waive legal objections or rights. WAVE also reserves the right to disclose your information, as allowed by applicable law, when we believe it is reasonably appropriate based on the situation. Such disclosure may occur, but is not limited to, disclosing your information in connection with efforts to: investigate, prevent, or commence other actions regarding suspected illegal activity or other wrongdoing; to protect; defend the rights, property or safety of our company, our users, our employees, or others; comply with applicable law or cooperate with law enforcement; or enforce this Policy, Terms of Service or other agreements or policies.
Opt-Out Provisions and Updating Your Information
You may contact WAVE to review, update and correct your Personal Information.
Our emails will include a link to opt out from receiving further electronic communications from us. At places on our website where you give us your personal information, you may opt out of receiving those communications. You may also opt out of future electronic communications by contacting us as provided below.
We may need to verify your identity before providing you with Personal Information or updating it in our system.
Third Party Privacy Policies May Be Applicable
The WB Sites may link to other websites, including through advertisements. We disclaim any and all responsibility for the privacy practices of third-parties that may have links to or from the WAVE. We encourage you to review the privacy policies/statements of every website that you visit that collects personally identifiable information.
California Privacy Rights
We will not share any personal information about you with other companies if prohibited by applicable California law or to the extent your prior consent to share is required by applicable California law.
If you are a California resident, you may have certain rights with respect to your Personal Information including the following rights:
the right to know, by way of our Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for, whether it is being disclosed or sole, and to whom it is being disclosed or sold;
the right to “opt-out” of WAVE’s sale of your personal information to any third parties;
the right, with some exceptions, to have your personal information deleted from WAVE’s possession or control; and
the right to receive equal service and pricing from WAVE even if you exercise any of your privacy rights.
Information Retention and Security
We may store your information from the time of initial submission, as well as automated personal information about you.
We take reasonable security measures to protect users’ information against unauthorized access, loss, alteration, or destruction. These measures include encryption, intrusion detection, intrusion prevention, anti-malware endpoint protection and industry standard data center security measures to guard against unauthorized access to systems where we store personal information, and the usage of reputable third-party vendors. Despite these reasonable measures, we cannot guarantee our security measures are impenetrable. Therefore, although we take reasonable steps to secure your information, we cannot and do not promise or warrant that your information will always remain secure.
Visitors Outside the United States
This Policy is intended to cover collection of information on the WB Sites from residents of the United States. The laws in other countries may or may not be as comprehensive as those in the United States. If you are a resident of another country and/or are using the WB Sites from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated.
EU Resident Rights under the GDPR
These disclosures apply only to our processing of Personal Information within the scope of the General Data Protection Regulation (“GDPR”) from one or more of the European Union Member States plus Iceland, Lichtenstein and Norway (together known as the “European Economic Area” or “EEA”).
The GDPR went into effect on May 25, 2018. As a resident of the EU or EEA, you have certain rights with respect to the processing of your personal data, including:
Access. You have the right to know if we are processing personal data about you and, if so, to access and obtain a copy of personal data about you, as well as information relating to the processing of that data.
Correction. You have the right to have us promptly correct or update any personal data about you that is inaccurate or incomplete.
Erasure. You have the right to request deletion or erasure of your personal data in a number of circumstances as required by law, including when no longer need the personal data for the purposes for which it was collected, you have withdrawn consent or, when we are relying on legitimate interests as a legal basis, and your rights override our legitimate interests.
Portability. You have the right to obtain a copy of the personal data we hold about you in a structured machine-readable format and to have it transmitted to another controller. This right only occurs where we are relying on your consent or performance of a contract as our legal basis and the processing is carried out automatically.
Restriction of Processing. You have the right to restrict or limit the ways in which we process your personal data when you contest the accuracy of the personal data, when your data has been obtained by us unlawfully, when you have objected to our processing of the data and we are considering whether to cease processing, or when we no longer need to process the personal data.
Withdrawal of Consent. When we rely on consent as the basis for processing personal data, you have the right to withdraw your consent.
Objection. You have the right to object to our processing of your personal data when we are relying on legitimate interests as our legal basis and your rights override our legitimate interests in processing their personal data. You also have the right to object to our processing of their personal data for direct marketing purposes.
Complaint. You have the right to make a complaint about our personal data handling practices to your local Supervisory Authority.
This Policy may be updated from time to time. We reserve the right to modify the Policy at any time without notice, so please review the Policy frequently. When changes are made to this Policy, we will revise the “last updated” date at the bottom of this Policy. Your continued use of the WB Sites after we have posted any Policy changes indicates your agreement to the changes unless you notify us otherwise.
If you wish to retain a copy of this Policy, you should print a copy or save a copy for your records.
Terms of This Policy Survive
If any terms of this Policy are held invalid and/or unenforceable by a court of law or a competent jurisdiction, the remaining provisions of this Policy shall remain in full force and effect.
Contact WAVE at firstname.lastname@example.org or by calling 855-780-6037, 7am to 7pm M-F, or by writing to us at:
Wellness and Vitality Exchange, LLC
9780 S. Meridian Blvd., Suite 400
Englewood, Colorado 80112
On any email or postal letter you send, please include “Privacy” in the subject line.
Date Last Modified: April 19, 2021