EFFECTIVE: July 14, 2017
Welcome to Glossier and our Terms of Use! These Terms of Use are important and affect your legal rights, so please read them carefully.
By accessing or using the websites, mobile applications or blogs (collectively, the “Site”) provided by Glossier, Inc. or our subsidiaries or affiliates (herein referred to as “Glossier,” “we,” “us” or “our”), including, without limitation, www.intothegloss.com and www.glossier.com, pursuant to which we offer beauty advice and tips on trends and practices, as well as make available our unique beauty products or other products for purchase (the “Products”) (collectively, with the Site, the “Services.”), you agree to be bound by the terms and conditions contained in these Terms of Use (this “Agreement”) and all other operating rules, policies and procedures that we may publish from time to time on the Site, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions we specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Services.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Services after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Eligibility
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this Agreement in your name and on your behalf.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Services. We reserve the right to include or exclude you from these tests without notice.
You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally defined one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
Registration
You may register for an account on the Site (an "Account") or log in using your Facebook or other social media login information. To use certain portions of the Services, you are not required to sign up for an Account. However, certain features of the Service, such as accessing your order history, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, as described in our Privacy Policy.
Use of the Site.
The Services contain material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Services shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Glossier (the “Glossier Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Glossier. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Glossier Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Glossier Trademark shall inure to our benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.
Third Party Sites.
The Site may contain links to third party websites, services or other resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
You may enable or log in to the Site via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.
Please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on the Site or offered through the Services. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
User Content.
With respect to the Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through the Site or the Services or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
The Site includes the Glossier IRL page, located at http://irl.glossier.com/ (the “Glossier, IRL Page”), which pulls content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #glossier, #glossierpink, #boybrow, #maskforce, #nofilterjustglossier, or #itgtopshelfie (collectively, the “Glossier Hashtags”), or tagging the @Glossier account (collectively, “Photos”). You acknowledge and agree that the Photos may be used in Glossier’s showroom space, retail locations and email or on any sites Glossier owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
By uploading any User Content you hereby grant and will grant Glossier and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the Services, the operation of the Site or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Photos, Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Glossier as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Glossier, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Glossier’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
123 Lafayette St., Floor 3, New York, NY 10013
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Payments, Billing and Subscription Services
You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third party payment processor to facilitate purchases made on the Site. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.
Some of the Services that we offer, such as the never-run-out service, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT UPON SUCH NOTICE. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.GLOSSIER.COM.
All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, as specified in this Agreement.
We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions. All other information with respect to the purchase of Products from the Site can be found on the Order Help Page located at www.glossier.com/help, including our policies on shipping and tax, billing, order acceptance, gift cards, and returns and exchanges.
Limitation of Liability and Disclaimer of Warranties.
GLOSSIER, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “GLOSSIER PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE GLOSSIER PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
THE GLOSSIER PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR‑FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO GLOSSIER PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE GLOSSIER PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL ANY GLOSSIER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH GLOSSIER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE GLOSSIER PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to defend, indemnify, and hold harmless the Glossier Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, THE CONTENT, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state, provincial or other law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Termination.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services or the Content at any time and for any reason without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
User Must Comply with Applicable Laws.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Services or Content by the Government constitutes acknowledgement of our proprietary rights in the Services and Content.
Miscellaneous.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Without waiving the foregoing arbitration clause, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Services might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.
Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
Glossier, Inc. is a Delaware corporation with its headquarters at 123 Lafayette Street, 3rd Floor, New York, NY 10013. You may contact us at the following address: 123 Lafayette Street, 3rd Floor, New York, NY 10013], or at the following email address: [email protected].
EFFECTIVE: July 14, 2017
This Privacy Policy describes the privacy practices of Glossier, Inc. and its subsidiaries and affiliates (“Glossier”, “we”, “us” and/or “our”). This Privacy Policy describes how we handle personal data we collect online (e.g., through our websites and mobile apps), and offline (e.g., through customer support hotlines and in-person promotional activities) (collectively, the “Services”). This Privacy Policy explains the types of personal data we collect and process, how we may use and share the data, and the choices that are available to you with respect to our handling of your data.
How We Collect Information
We may collect personal data from various sources, including:
- Directly from you;
- Through our websites and mobile apps;
- From social media or other public forums; and
- From third party vendors or business partners.
Types Of Information We Collect
The types of personal data we may collect include:
- Contact information, such as your name, email address, mailing address, and phone number;
- Demographic information, such as your date of birth, gender, and zip code;
- Account information, such as your username and password;
- Billing information, such as credit card details, billing address, and proof of identification; and
- When you access the Services through Facebook credentials, the information Facebook makes available to us based on your Facebook privacy settings, such as your name, picture, and email address.
Cookies and other information collected by automated means
We, our service providers, and our business partners, may also collect certain information about the use of our websites and mobile apps by automated means, such as cookies, web beacons and other technologies. A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server. We and our service providers and business partners may collect information about your online activities over time and across third-party websites.
The information that may be collected by automated means includes:
- URLs that refer visitors to our websites;
- Search terms used to reach our websites or locate our mobile apps;
- Details about the devices that are used to access our websites or mobile apps (such as IP address, browser information, device information, and operating system information);
- Details about your interaction with our websites and mobile apps (such as the date, time, length of stay, and specific pages accessed during your visits to our websites and mobile apps, and which emails you may have opened);
- Usage information (such as the number and frequency of visitors to our websites); and
- Geo-location data (which determines your current locations) from some of our Services, such as mobile apps.
We may associate the information we collect by automated means with your Glossier account if you have one, the device you use to connect to the Services, or email or social media accounts that you use to engage with Glossier or our partners.
Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.
How We Use Your Information
We may use the information we collect to:
- Establish and maintain any account you create on our websites or mobile apps;
- Fulfill, manage, and send you information about your orders;
- Communicate with you about our Services, including the products we offer and our websites and mobile apps;
- Respond to your requests, inquiries, comments, and suggestions;
- Facilitate your engagement with the Services, including to enable you to post comments and reviews;
- Offer promotions, sweepstakes, or other contests;
- Administer surveys and other market research;
- Conduct research on our customer demographics, interests and behavior
- Operate, evaluate and improve our business, our websites and mobile apps, and other products and services we offer (including to develop new products and services);
- Tailor the content we display to you in our communications, and in connection with your use of our websites or mobile apps;
- Analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read);
- Provide you with important administrative information regarding the Services such as changes to this Privacy Policy and our Terms of Use and other policies;
- Comply with legal requirements, judicial process, and our company policies (including to verify users’ identity in connection with access or correction requests); and
- Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile apps), and claims and other liabilities, including by enforcing the terms and conditions that govern the use of our websites and mobile apps.
If we intend to use your personal data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time we collect your personal data.
How We Share Your Information
We may share your information with:
- Glossier’s subsidiaries and affiliates; and
- Service providers that perform services on our behalf, or partners with whom we may collaborate, including:
- Customer service and support providers;
- Shipping and fulfillment service providers;
- Payment processing providers;
- Partners with whom we jointly develop products or services;
- Survey and market research providers;
- Advertising partners;
- Analytics organizations; and
- Technology providers (including technology support, email and web hosting providers, email and text communications providers, and mobile app developers).
We may also disclose your personal data to comply with a legal or regulatory obligation, protect and defend Glossier’s rights or property, protect the safety of our customers and website and mobile app users or the public, or to protect against legal liability.
Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will – where required by applicable law – make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your personal data.
Your Rights And Choices
You have certain rights and choices regarding our processing of your personal data. Please note that if your exercise of these rights and choices limits our ability to process personal data, we may not be able to provide you with the Services.
We reserve the right to verify your identity in connection with any requests regarding personal data to help ensure that we provide the information we maintain to the individuals to whom it pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information.
General objections to the processing of personal data
To the extent provided by applicable law, you may withdraw any consent previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will apply these preferences going forward. In some circumstances, withdrawing consent to our use or disclosure of your personal data will mean that Glossier may no longer be able to provide you with the Services.
_Access to personal data _
You may request access to the personal data we maintain about you. If we grant your request, we will provide you with a copy of the personal data we maintain about you in the ordinary course of business, in a commonly used format. You may request to correct any errors in your personal data. We may reject your request to access or correct personal data, as permitted by applicable law. If we reject your request, we will notify you of the reason(s) for the rejection.
In order to access your personal data, we will require you to provide proof of your identity. This information will only be used for that purpose.
Portability of personal data
Under certain conditions, you may request that we transfer your personal data to another data controller. We may reject your request, as permitted by applicable law. If we reject your request, we will notify you of the reason(s) for the rejection.
Deletion of personal data
You may request that we delete your personal data. We may reject your request, as permitted by applicable law. For example, Glossier may be required by legal, tax or other reasons to retain your personal information in its business records. If we reject your request, we will notify you of the reason(s) for the rejection.
Glossier account
You may review, update, or modify your account information, including profile and contact information, by logging into your Glossier account. You may delete your Glossier account by emailing [email protected]. Where permitted by applicable law, we may retain user content generated prior to deletion (such as product reviews). Such user content may continue to be publicly accessible and/or disclosed to third parties in accordance with this Privacy Policy.
Marketing
You may unsubscribe from receiving marketing or other commercial emails from Glossier by following the instructions included in the email. However, even if you opt out of receiving such communications, we retain the right to send you non-marketing communications (such as order confirmation emails or changes in our website or mobile app terms).
Cookies and advertising
Web browsers may offer users of our websites or mobile apps the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites and mobile apps may not function correctly.
To support and enhance the Services, we may serve advertisements, and also allow third parties to serve advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called "ad networks." Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. We are not responsible for the privacy practices of these ad networks and other parties. Advertisements served through the Services may be targeted to users who fit a certain general profile category, which may be inferred from information you provide to us, based on your Services usage patterns, or based on your activity on Third Party Services (as defined in this Privacy Policy). We do not provide personal data to any ad networks for use other than in connection with the Services. To learn more about ad networks and to adjust your preferences, please click here.
Some of our business partners that collect information about your activities on our websites and in our mobile apps may be members of organizations or programs that provide you with choices regarding the use of your browsing behavior for purposes of targeted advertising. For example, you may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting your country, and then clicking “Choices” (or similarly-titled link). Mobile app users may opt out of receiving targeted advertising in mobile apps through members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting your choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.
Geo-location data
You may stop sharing your location data by adjusting your mobile device’s location services settings. For instruction on changing the relevant settings, please contact your service provider or device manufacturer.
User Content
Some features of the Services allow you to provide content to the Services, such as product reviews. The Services are designed to help you share such content with others. As a result, some of the content that you provide may be shared publicly or with third parties.
Children
Our websites and mobile apps do not knowingly collect personal data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided personal data to us through our websites or mobile apps, please contact us, and we will endeavor to delete that information from our databases.
Links to Other Websites and Third Party Content
We may provide links to other websites, services, and applications, such as Facebook, that are not operated or controlled by Glossier (the "Third Party Services"). The policies and procedures we described here do not apply to the Third Party services. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third Party Services. We encourage you to review and understand the privacy practices of any Third Party Services before providing any information to or through them.
The Services also may include an activity feed, social media buttons and widgets, such as the Facebook "Like" button or the "Share This" button. Your interactions with these features are governed by the privacy policy of the Third Party Service that provides the feature.
International Data Transfers
We may transfer your personal data to countries other than the country in which you initially provided the information for the purposes described in this Privacy Policy. For example, if you are located outside of the United States, we typically transfer your personal data to the United States, where Glossier is headquartered. The countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information.
We may transfer personal data from the European Economic Area (“EEA”) to countries that the European Commission has deemed to adequately safeguard personal information, in which case no additional safeguards are required in order to transfer this information. If we transfer your personal data to other countries, we will either transfer it subject to the recipient’s compliance with standard contractual clauses, EU-US Privacy Shield, or Binding Corporate Rules, or with your consent to the transfer, unless we are permitted by law to transfer personal data without such formalities.
You may contact us for a copy of the specific safeguards applied to the export of your personal data.
Security
Glossier maintains reasonable administrative, technical and physical safeguards designed to protect the personal data we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot guarantee that the measures we maintain will ensure the security of the personal data.
Data Retention
Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. When we no longer need the personal information we collect, we either irreversibly anonymize the information (in which case, we may further retain and use the anonymized information) or securely destroy the information.
Changes To Our Privacy Policy
We reserve the right, at our sole discretion, to change or modify portions of this Privacy Policy at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Privacy Policy was last revised. You may read a current, effective copy of this Privacy Policy at any time by visiting this page. We will also notify you of any material changes either through a pop-up notice, email or through other reasonable means. Your continued use of the Services after any such changes constitutes your acceptance of the new Privacy Policy. You should periodically visit this page to review the current Privacy Policy to stay informed of how we are processing personal data.
California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer data which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Glossier, Inc., 123 Lafayette Street, Floor 3, New York, NY 10013, Attn: Legal.
Contacting Glossier
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Site. Please also feel free to
You may contact us if you have any questions about this Privacy Policy or our privacy practices, or to exercise any of the rights or choices you may have under applicable law. Our contact information is as follows:
Glossier, Inc.
123 Lafayette Street, Floor 3
New York, NY 10013
[email protected]
If you are a EEA or Canadian resident, you also have the right to file a complaint with the supervisory authority of your member state or province.
