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Biometric Data Policy

 

Biometric Data Information Collection Privacy Policy

Last Updated: October 19, 2022

Overview

This Biometric Data Information Collection Privacy Policy (“Policy”) describes Not Your Mother’s (owned and operated by DeMert Brands, LLC) (referred to as “NYM” or the “Company”) policies and procedures for the collection, use, safeguarding, storage, retention, and destruction of biometric data collected by the Company and/or its vendors in accordance with the applicable biometric data laws, including, but not limited to, the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (“BIPA”).

The terms “we”, “us”, and “NYM,” refers to DeMert Brands, with its headquarters in Tampa, Florida.

Purpose

NYM may use certain biometric tools to enhance the consumer experience with its various products. Through the implementation of vendor technologies, including, but not limited to, Perfect (https://www.perfectcorp.com/business), virtual artificial intelligence tools are provided to Consumers to assess a Consumer’s hair attributes and condition and make recommendations of NYM’s products.

Definitions

Biometric data means personal information stored by NYM and/or its vendors about an individual’s physical characteristics that can be used to identify that person. As used in this Policy, biometric data includes “Biometric Identifiers” and “Biometric Information.”

“Biometric Identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions, such as height, weight, hair color, or eye color. Biometric identifiers do not include biological materials regulated under the Genetic Information Privacy Act.

“Biometric Information” means any information, regardless of how it is captured, converted, stored, or shared, based on the individual’s biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.

Scope

 This Policy applies to all use of biometric data collection or artificial intelligence tools that facilitate the Consumer experience online for NYM’s Consumers.

Facial Biometrics

NYM’s use of third-party tools on its website may require you to upload your photographic image or allow for a scan of your face for the demonstration of live hair recommendation options.

NYM uses these images to create a facial geometry or faceprint which we use for purposes of providing you with the best recommendations for our products tailored to you as the Consumer.

Consent to Collection of Biometric Data

Your face geometry may be collected and stored by NYM for the purpose of providing you recommendations for NYM’s products. Your face geometry data will not be disclosed by NYM without your consent unless the disclosure is required by law or by valid legal subpoena.

 Limitations on Disclosure

NYM and/or its vendors are precluded from the sale, lease, trading, or otherwise profiting from the use of an individual Consumer’s biometric data. NYM’s vendors, however, may be paid for the products and services used by NYM that utilize such biometric data. 

NYM will not disclose or disseminate any biometric data to anyone other than its vendors without or unless:

  1. Obtaining written consent from the individual Consumer subject to such disclosure or dissemination;
  1. Disclosure is required by federal or state law, or a municipal ordinance; or
  1. Disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.

Your Data Protection Rights

NYM would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

  1. The Right to Know and Access – You have the right to know what data NYM is collecting and the right to request copies of your personal data.
  1. The Right to Correction – You have the right to request that NYM correct any information you believe is inaccurate. You also have the right to request that NYM complete the information you believe is incomplete.
  1. The Right to Deletion – You have the right to request that NYM erase your personal data, under certain conditions.
  1. The Right to Restrict Processing – You have the right to request that NYM restrict the processing of your personal data, under certain conditions.
  1. The Right to Object to Processing – You have the right to object to NYM’s processing of your personal data, under certain conditions.
  1. Right to Limit the Use and Disclosing of Sensitive Personal Information – You have the right to limit NYM’s use and disclosure of sensitive personal information to the extent necessary for specific purposes.

Retention Schedule

NYM shall retain Consumer biometric data only until, and shall request that its vendors permanently destroy such data when, the first of the following occurs:

  1. The initial purpose for collecting or obtaining such biometric data has been satisfied; or
  2. Within three (3) years.

Data Storage

NYM shall use a reasonable standard of care to store, transmit, and protect from disclosure any paper or electronic biometric data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which NYM stores, transmits, and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual’s account or property.

Compliance with Applicable Laws

This Policy complies with all applicable United States laws governing the use of biometric information.

Updates to This Policy

NYM may revise this Policy from time to time. NYM reserves the right to modify this Policy at any time without notice. 

Contact Information

If you have questions or concerns regarding this Policy, please feel free to contact NYM, through the following:

Email: privacy@nymbrands.com

Address:

Not Your Mother’s Haircare c/o DeMert Brands

P.O. Box 82163

Tampa, FL 33682