AMIKA PRIVACY POLICY

LAST UPDATED AND EFFECTIVE: August 8, 2024

1. Our Collection of Your Personal Information

Amika, LLC ("us", "we", or "our") offers and maintains the website(s) located at loveamikapro.com, including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, YouTube, Google, Pinterest, TikTok, and X, and other platforms (collectively, the “Site”). When you visit the Site, you may choose to provide us with personal information that identifies you as a specific individual (“Personal Information”). This Privacy Policy explains how we process and use your Personal Information, and it applies regardless of how you access the Site. Please take time to read this Privacy Policy carefully. Please also review our Terms of Use. We will notify you of any additional processing of your Personal Information that is not mentioned in this document.

BY ACCESSING OR USING THIS SITE OR SUBMITTING PERSONAL INFORMATION TO US, YOU EXPRESSLY CONSENT TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL INFORMATION SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.

If you live in a state, like California and others, that extends comprehensive privacy rights respecting Personal Information to its residents, the subsection below titled “Comprehensive States’ Privacy Rights”, within Section 5, includes a description of your rights and our handling of your Personal Information.

2. Personal Information We Collect

When you visit the Site or otherwise interact with us, we may collect, use, or disclose the following categories of personal information about you:

Provided directly by you

  • Identifiers, including name, alias, or other similar identifiers
  • Contact information, including business name, address, email address, telephone number, and other contact details
  • Birthday and/or age
  • Log-in and password
  • Content of your interactions with or messages to us, including applications, emails, chats, and communication through social platforms or other feedback
  • Audio, electronic, visual, or similar information, including sound or video recordings of your messages to our employees and visits to our Site
  • Product experience information, including any personal or customer health information you choose to share with us

Collected automatically with your use of the Site (“Log Data”) or provided by third parties or public sources such as social media profile information

  • Device identifiers and information about or generated by your device, such as IP address, log files, log-information, browser type and browser version
  • Statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site)
  • Information about how you came to the Site
  • Data collected through cookies or other similar technologies discussed in more detail below
  • Internet or other electronic network activity information and behavioral information such as your browsing history, search history, and interaction with advertisements

3. How We Use Your Personal Information

We use your Personal Information for various purposes, depending on our relationship with you.

Customer Service

If you are a customer, we use your personal information for the purposes for which you provided it, including to:

  • Fulfill your product or service needs
  • Maintain your online account
  • Maintain our own accounts for billing and delivery
  • Enroll you in subscription services, such as email marketing
  • Advise you about products, services, offers, or events that may be of interest to you
  • Provide customer service to you

Internal Business Activities

We may also use your personal information or Log Data to administer our internal business activities, including to:

  • Design and arrange the Site content and functionality in the most user-friendly manner
  • Better understand customer trends and requirements and visitors to the Site
  • Monitor the safety of our products
  • Monitor and train to ensure quality customer service
  • Create anonymized and/or aggregated data to be used for marketing
  • Detect unauthorized activity on the Site
  • Manage your account
  • Offer you access to and secure our digital properties from unauthorized access, scams, malicious code, theft, losses, or other harms, including monitoring of your use and communications
  • Investigate violations of law and generally to protect the rights and interests of Amika, its employees, customers, and others
  • Comply with our legal obligations, including reporting safety data to FDA
  • Provide a service that is reliable, responsive, and efficient.

Analytics

In addition, we may use third-party services and advertising networks, such as Google Analytics, that collect, monitor, and analyze Log Data to deliver online behavioral advertising that serves ads to you on our behalf on other sites throughout the Internet.

4. How We Disclose Your Personal Information

We will not disclose your Personal Information to third parties, except as described in this Privacy Policy or as otherwise allowed or required by law. We may also use anonymized versions of your Personal Information for any purpose. By using the Site or submitting your Personal Information to us, you expressly consent to our disclosing your Personal Information, as set forth below.

We may disclose your Personal Information to the following categories of third parties:

Amika affiliated entities

  • our parent companies, subsidiaries, and/or affiliates

Third-parties we engage to perform business-related functions for Amika or provide services to customers

  • third parties who provide services to our customers or with whom we partner to do business;
  • third parties who assist with our marketing, including chatbot applications, marketing agencies, and analytics companies, such as Google Analytics, that collect, monitor, and analyze Log Data;
  • third party providers of database, software, email, security, backup and disaster recovery services;
  • distributors;
  • our insurance carriers;
  • professional service providers, such as consultants, attorneys, and accountants

Third parties to whom we disclose your Personal Information have agreed to be bound to maintain and use it securely for limited purposes and only in accordance with this Privacy Policy.

Social media platforms

  • including Facebook, Instagram, YouTube, Pinterest, TikTok, and X, and application developers who specialize in social commerce
  • so you can connect to us, share your interests, express opinions about products and services, purchase our products, and generate interest in our products and services among members of your social networks

If you use third party social media features available on our Site, we or the third party may collect or share your data, including your Personal Information. If you do not want us to be able to access information about you, including Personal Information, from Third Party Sites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites. We reserve the right to remove the Personal Information or other data of any person for any reason we, in our sole discretion, deem appropriate.

Successors who acquire your Personal Information

  • if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure

Government or third party lawyers

if required to do so by law or in our good faith belief that such action is necessary to:

  • comply with a legal obligation, such as to report a serious adverse event to FDA;
  • protect or defend our rights, interests, or property, or that of third parties;
  • prevent or investigate possible wrongdoing in connection with the Site or any of our parks;
  • act in urgent circumstances to protect the personal safety of users of the Site or the public;
  • or protect against legal liability.

Summary of Disclosures of Personal Information

The table below describes the categories of personal information that we may disclose to third parties, and the purpose of such disclosure.

  • Category of Personal Information: Examples: Purposes: Shared with:
  • Identifiers: Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, or other similar identifiers. Purposes: Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above. Disclosed to: Amika entities; service providers; social media platforms; government authorities if reporting is required
  • Consumer records information: Examples: Name, address, telephone number, financial information, medical information. Some personal information included in this category may overlap with other categories. Medical information is only collected if you report an adverse event and only shared if it is required to be reported to FDA. Purposes: Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above Disclosed to: Amika entities; service providers; social media platforms; government authorities if reporting is required
  • Internet or other similar network activity: Examples: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. Purposes: Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above Disclosed to: Amika entities; service providers; social media platforms
  • Professional or employment-related information: Examples: Employer other employment-related information. Applicable to stylist and salon customers only Purposes: Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above Disclosed to: Amika entities; service providers; social media platforms

5. Your Rights About The Processing Of Your Personal Information

You have the right to consent or withdraw your consent to the collection, use, or disclosure of your Personal Information at any time, subject to exceptions defined by law. If you change your privacy preferences in the future, that will not limit the lawfulness of any processing performed based on your prior consent. To withdraw consent, please email us at info@loveamikapro.com and specify what you would like us to do. You may have additional rights, under the laws of your jurisdiction, with which we comply.

To stop email communications from us, you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages. You may also access and correct some of your Personal Information by logging into your online account, if you have one. If you choose to limit our use of your Personal Information, you may not have access to certain functionality of the Site, such as promotions, product information, or opportunities.

Comprehensive States’ Privacy Rights

If reside in a state that offers comprehensive privacy rights respecting your Personal Information, you have the following rights:

  • Access: You have the right to access a copy of your Personal Information that we hold about you, upon receipt of a verified request.
  • Accuracy: You have the right to correction of any inaccurate or out of date Personal Information, upon receipt of a verified request.
  • Deletion: You have the right to delete your Personal Information, upon receipt of a verified request, with some exceptions that allow us to deny your request.
  • Equal Treatment: You have the right to equal treatment and not to be retaliated against, regardless of your exercise of your privacy rights.
  • Sensitive Personal Information: You have the right to limit, with some exceptions, our use of your sensitive Personal Information, including identification numbers (like Social Security number), financial account and access information, precise geolocation data, personal demographic information (like your race, religion, philosophical beliefs), genetic or biometric information, and information about your health or sexual activity. However, we do not collect or use Sensitive Personal Information, except for business purposes expressly permitted by law.
  • Opt Out: You have the right at any time to opt out of the sale of your Personal Information, the use of your Personal Information for profiling, or the sharing of your Personal Information for targeted or cross-context behavioral advertising. We do not presently use Personal Information for profiling.

(a) How To Exercise Your Rights About The Processing Of Your Personal Information

To exercise any of your rights, you or your authorized agent may contact us at info@loveamikapro.com or (866) 833-3444.

(b) How We Verify Your Requests

Before we may fulfill a request to access, correct, or delete your information, we are required to verify your identity. We will ask you to verify, at a minimum, your name, address, email address, telephone number. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected Personal Information, we may contact you for more information, or we may not be able to meet your request. Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your Personal Information. If you use an authorized agent, however, we will require that you (1) provide the authorized agent signed permission to submit the request, (2) verify your identity directly with us, and (3) directly confirm to us that you provided the authorized agent permission to submit the request. These tasks will not apply if you have provided the authorized agent with power of attorney pursuant to California Probate Code sections 4000 to 4465. For your protection, we may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

(c) How We Process Your Requests

Upon receiving your request, we will confirm receipt within ten (10) days and provide information about how we will process your request. We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, we may require up to ninety (90) days to respond. We may contact you within forty-five (45) days from the date you contacted us to inform you if we need more time to respond.

We offer links to Opt Out of the Sale or Sharing of Personal Information and process opt-out preference signals, but we do not offer a link to limit the use or disclosure of Sensitive Personal Information, as we do not collect or use Sensitive Personal Information.


Applicable law may allow or require us to refuse to provide you with access to some or all of your Personal Information, or delete some or all of your Personal Information, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to or delete your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. If you delete your User Content from the Site, copies of your User Content may remain viewable in cached and archived pages or might have been copied or stored by other Users. Proper access and use of information provided on the Site, including User Content, is governed by our Terms of Use.

Personal Information does not include: publicly available information; de-identified or aggregated consumer information; or information excluded from the scope of your state’s privacy law, such as health or medical information covered by the Health Information Portability and Accountability Act (HIPAA) or personal information covered by certain sector-specific privacy laws, such as the Fair Credit Reporting Act (FCRA).

6. Notice of Financial Incentive

Amika offers customers the opportunity to participate in its Friends With Benefits+ Loyalty Program (“Friends With Benefits+”), which may provide benefits, including the opportunity to earn points that can be redeemed for discounted products on the Site, to those who choose to join. Those benefits are described along with other material terms and conditions in our Terms of Use. Our collection of customers’ Personal Information (including name, email address, and other Personal Information as described in Section 2 above) allows Amika to operate the Friends With Benefits+ and provide membership benefits. We use the Personal Information of Friends With Benefits+ to both award and redeem points. Otherwise, the types of Personal Information we collect from Friends With Benefits+ are generally similar to the types of Personal Information that we collect from customers who are not Friends With Benefits+. The amount of Personal Information that we collect from a member or non-member may vary and is dependent on the level of interactions and engagement that the member or non-member has with us. The value of benefits to Friends With Benefits+ members varies significantly as individual members take advantage of benefits to varying degrees.

7. How We Secure Your Personal Information

We secure your Personal Information by: keeping Personal Information up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting Personal Information from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate physical, electronic, and administrative measures are in place to protect Personal Information. However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. Therefore, you should take special care in deciding what Personal Information you send to us electronically. For more information on the security of your Personal Information, please reference our Terms of Use.

8. How Long We Keep Your Personal Information

Except as otherwise permitted or required by law, we will only retain your Personal Information as long as necessary to carry out the purposes for which we collected it, including maintenance of your account, or to satisfy any accounting or legal requirements.

To determine the appropriate retention period for the Personal Information we hold, we consider the amount, nature and sensitivity of the Personal Information, the risk of harm from unauthorized use or disclosure of your Personal Information, the reasons why we handle your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We may anonymize your Personal Information so that it can no longer be associated with you for internal business purposes, such as research or business intelligence, in which case we may use this information indefinitely without further notice to you.

You may terminate your account, unsubscribe to emails, and otherwise limit our use of your Personal Information by contacting us at info@loveamikapro.com. However, we may retain your Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information, it may persist on backup or archival media for an additional period of time.

9. How We Use Cookies

We use cookies on our Site. If you do not want cookies to be placed on your device, you can manage your cookie preferences in our cookie banner.

(a) What Are Cookies?

A cookie is a piece of information that is placed on your web browser or device when you access or use the Site. Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages

(b) Why We Use Cookies

We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier. We use cookies to:

  • recognize when you are logged in to your account on the Site;
  • monitor and analyze how you use the Site or interact with us;
  • remember your preferences to make your online experience easier and more personalized;
  • route Site traffic to effectively distribute the Site workload across servers;
  • use analytics, such as Google Analytics, to help understand how visitors come to and use the Site, including through combination with third-party cookies of our service providers;
  • provide information to us about which advertisements you see and click or to show you ads on or off the Site; and
  • test new features.

How You Can Manage Cookies

You can opt out of and manage the use of cookies in a number of ways, either through your browser or via the third party placing the cookie. The following pages provide browser specific information:

Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among others. You can control your preferences directly with each such third party service provider.

To see how to opt-out of Google Analytics Advertising Features, visit Google Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out listed below). Google also provides a Google Analytics opt-out plug-in for the web.

You can find more information on how Google Analytics works in this Google guide and on Facebook App Events here.

You can learn more about cookies at the following third party websites:

10. Information Not Covered By The Privacy Policy

The limitations in and requirements of this Privacy Policy do not apply to:

  • Third Party Sites: Any data you disclosed on websites not operated or controlled by us (“Third Party Sites”), even though we may provide links to them on the Site or in our emails. We are not responsible for the policies and practices employed by, or the content of, Third Party Sites. We suggest contacting those sites directly for information about their privacy policies and practices.
  • Non-Personally Identifiable Information: Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated personally identifiable information, but only to the extent the foregoing cannot be used to specifically identify you.
  • Anonymized Information: Any personal information that has been anonymized (i.e., that can no longer be used to directly or indirectly identify you) is not personal information under this Privacy Policy.
  • Publicly Available Information: Any information that is lawfully made available to the general public by you, from widely distributed media, or by a person to whom you disclosed the information without restricting it to a specific audience, including information you make disclose on social media.
  • Information Excluded From Comprehensive State Privacy Laws: Any information that is excluded from the scope of your state’s comprehensive privacy law because it is governed by another law, such as health or medical information covered by the Health Information Portability and Accountability Act (HIPAA) or personal information covered by certain sector-specific privacy laws, such as the Fair Credit Reporting Act (FCRA).

11. Personal Information of Children

We do not intentionally or knowingly collect any Personal Information from children under the age of sixteen (16), nor do we target our emails to them. Children under the age of sixteen (16) should not submit any Personal Information through the Site. We encourage parents and legal guardians to monitor their children's use of the Internet and instruct them to never provide Personal Information through the Site. If you believe a child under the age of sixteen (16) may have provided Personal Information to us through the Site, please contact us at info@loveamikapro.com, and we will use reasonable efforts to delete it from the Site and our files.

12. International Privacy Laws

If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Information) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us. We will hold and process your Personal Information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States Personal Information may be subject to lawful access requests by government agencies.

13. Changes To This Privacy Policy

We may occasionally make changes to this Privacy Policy. If we wish to use your Personal Information for a new purpose not covered by this Privacy Policy, we will provide you with a new Privacy Policy and notice explaining this new use prior to commencing the processing of your Personal Information pursuant to the new Privacy Policy and setting out the relevant purposes and processing conditions. If we change this Privacy Policy, your checking the box prompt before submitting Personal Information to us, or continued use of the Site after receiving the notice outlined above, will signify your consent to such changes.

14. How You Can Resolve A Privacy Dispute With Us

If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint. Please contact us at info@loveamikapro.com. Please also refer to the arbitration procedures described in the Dispute Resolution section of the Site’s Terms of Use. BY CHECKING THE BOX PROMPT BEFORE SUBMITTING YOUR PERSONAL INFORMATION TO US, WE EACH AGREE TO SETTLE DISPUTES ONLY BY NON-CLASS, INDIVIDUAL ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS). THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LIMITED DISCOVERY RIGHTS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD.

To initiate an arbitration proceeding, you must send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”). The Dispute Notice must be emailed to info@loveamikapro.com, as described in the Dispute Resolution section of the Site’s Terms of Use. If we do not reach an agreement to resolve your privacy complaint within sixty (60) days after we receive your Dispute Notice, you may commence an arbitration proceeding under the Dispute Resolution section of the Site’s Terms of Use.

15. How Can I Contact You?

If you have any questions about this Privacy Policy, our practices, or your dealings with us, or to exercise any and all of your rights, please contact us at info@loveamikapro.com.

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