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Privacy Policy

Not Your Mother’s Privacy Policy

Last Updated: June 22, 2023

  • Overview
  • Information We Collect
  • How We Use the Information We Collect
  • How We Share the Information We Collect
  • Cookies
  • Third Parties
  • Your Privacy Rights – General Information
  • Your State Privacy Rights
  • Information for Nevada Residents
  • Retention of Data
  • Children’s Privacy
  • Security
  • Third Party Applications and Integrations Used by NYM
  • Third Party Websites
  • Use of Tools That Collect Biometric Data
  • Updates to This Privacy Policy
  • Contact Information

Overview

This Privacy Policy describes Not Your Mother’s (owned by DeMert Brands) (“NYM”) policies regarding the collection, use, and disclosure of information about you in connection with your use of our website (www.notyourmothers.com) (the “Site”) and the products provided directly to our Customers (the “Services”). The terms “we”, “us”, and “Not Your Mother’s,” “NYM,” refers to DeMert, Inc., with its headquarters in Tampa, Florida.

When you use our Services, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

A link to a Portable Document Format (PDF) version of the policy can be found here: https://www.dropbox.com/scl/fi/uxm6gmlu4maj2wvpvsgop/NYM-Website-Privacy-Policy-Updates-062223.pdf?dl=0&rlkey=hal244bqi0umibtj1i1tqcnq5

Information We Collect

NYM collects personal information to facilitate your use of the NYM Site or Services. “Personal Information” means information that identifies or is reasonably capable of identifying an individual, directly or indirectly, and information that is being associated with an identified or reasonably identifiable individual.

Personal Information That We Collect Directly From You

NYM collects the following categories of information directly from individuals:

Category of Personal Information

Name

Phone Number

Email Address (for example, emails sent to hello@nymbrands.com)

Physical Address

IP Address

Browsing History

Credit Card Number and Related Financial Information

Transaction History (of Ordered Products)

Physical Characteristics Related to Hair Type

Email Communications

Answers to Surveys

Customer Support Communications

Any Attachments Attached to an Email Communication or Other Customer Support Communication

Ordered Product Information, Including Product Size, Product Quantity, Cost of Ordered Products, and Order Tracking Number

Shopping Bag Information, Including Product Size, Product Quantity, Cost of Ordered Products

Customer Reviews, Including Number of Stars on a Scale of 1-5, Content of the Review, and the Date of the Review

NYM Account Information, including First Name, Last Name, Email Address, Password that is Created by You When Setting Up Your Account, Date You Created the Account, Location, Uploaded Photograph, Product Wish List, Hair Type, Order History, and All Stored Physical Addresses

Information Involved in a Product Purchase, including Name, Shipping Address, Billing Address, Credit Card Number, Name on Credit Card, Expiration Date on Credit Card, CVC Code

 

How We Use the Information We Collect

For the general Internet user and potential Customer, the Personal Information we collect and the practices described above are undertaken in an effort to provide you with the best experience possible, protect you from risks related to improper use and fraud, and help us maintain and improve NYM’s offerings. We may use your Personal Information to:

  • Provide You with NYM NYM uses your Personal Information to provide you with its Products, Services, and Site pursuant to its Terms of Use for the Site and this Privacy Policy.
  • Comply with Legal and Regulatory Requirements.NYM processes your Personal Information as required by applicable laws and regulations.
  • Protect the Security and Integrity of Our Site.NYM uses your Personal Information to further our security practices related to Personal Information.
  • Provide You with Customer Support.NYM processes your Personal Information anytime that you reach out with issues arising from your use of the Site.
  • Optimize and Enhance Our Services.NYM uses your Personal Information to understand how our Site is being used to help us improve our Site.
  • Market Our Services to You.NYM may contact you with information about our Services. We will only do so with your permission, which can be revoked at any time.
  • Other Business Purposes.NYM may use your information for additional purposes if that purpose is disclosed to you before we collect the information or if we obtain your consent.

For our Customers, we may use the Personal Information we collect or receive through the Service (alone or in combination with other data we source) for the purposes and on the legal bases identified below:

  • To perform our contract with you for the purchase or use of the Products or Services or where we have not entered into a contract with you, in accordance with our legitimate interests to operate and administer our Services.
  • To enforce compliance with our contractual obligations and applicable law, and to protect the rights and safety of our Customers in reliance on our legitimate interest to protect against misuse or abuse of our Services and to pursue remedies available.
  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests. 
  • To prosecute and defend a court, arbitration, or similar legal proceeding.
  • To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
  • To provide, support, and improve the Products and Services to perform our contract with you for the use of the Services or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and improving the Site and Services and providing certain features. When we share your Personal Information with third parties, we take steps to protect your information in a manner that is consistent with our obligations under applicable privacy laws. 
  • To combine and anonymize data about our Customers and our Customers’ use of the Services in order to create aggregate, anonymized statistics, which we may use to provide certain features within the Services and for promoting and improving the Services in reliance on our legitimate interests.

How We Share the Information We Collect

NYM will not share your Personal Information with third parties, except as described below.

  • Third-Party Service Providers and Vendors.NYM may share your Personal Information with third-party service providers for business or commercial purposes. Your Personal Information may be shared so that they can provide us with services, including identity verification, fraud detection and prevention, security threat detection, payment processing, Customer support, data analytics, Information Technology, advertising, marketing, data processing, network infrastructure, storage, transaction monitoring, and tax reporting. NYM shares your Personal Information with these service providers only so that they can provide us with their services, and we prohibit our service providers from using or disclosing your Personal Information for any other purpose. Our third-party service providers are subject to strict confidentiality obligations.
  • Law Enforcement.NYM may be compelled to share your Personal Information with law enforcement, government officials, and regulators.
  • Corporate Transactions.NYM may disclose Personal Information in the event of a proposed or consummated merger, acquisition, reorganization, asset sale, or similar corporate transaction, or in the event of a bankruptcy or dissolution.
  • Professional Advisors.NYM may share your Personal Information with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.
  • NYM may share or disclose your information with your consent.

If NYM decides to modify the purpose for which your Personal Information is collected and used, we will amend this Privacy Policy.

Cookies

When you access NYM’s Site, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (“Cookies”) on your computer or other devices used to visit the NYM Site. We use Cookies to help us recognize you as a Customer, collect information about your use of the NYM Site to better customize our Services and content for you, and collect information about your computer or other access devices to assess and improve our Site and Services.

The purposes for which NYM uses Cookies in its Site include:

Purpose

Explanation

Website Functionality Cookies

These cookies allow you to navigate the NYM Site and use NYM Site features, such as “Add to Cart.”

Website Analytics

These cookies allow NYM to measure and analyze how our customers use the Site, to improve the NYM Site functionality, and enhance your shopping experience.

Advertising and Targeting

These cookies allows NYM to deliver ads that are relevant to you.

These cookies further allow NYM to limit the number of times that you see an ad and helps NYM measure the effectiveness of its marketing campaigns.

 

Please note that if you reject cookies, you will not be able to utilize some or all of the features NYM’s Site. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use the NYM Site.

Your Privacy Rights – General Information

NYM is required under certain United States domestic data laws to provide certain information to individuals about how NYM collects, uses, and shares your Personal Information, and about the rights and choices that you may have concerning your Personal Information. The following sections provide an overview of the Personal Information that NYM collects, uses, and shares, outlines the rights that you have concerning your data, and the actions that you can take to make certain requests concerning your Personal Information. 

Personal Information That NYM Collects, Uses, and Shares

For ease of reference, we have compiled the list below to demonstrate how we use the categories of Personal Information we have collected, used, and disclosed.

The purposes for the collection, use, and sharing of information include:

Category of Personal Information

How It Is Collected

How It Is Used

How It Is Shared

Name

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Phone Number

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Email Address (for example, emails sent to hello@nymbrands.com)

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third NYM.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Physical Address

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

IP Address

When you use the NYM website, it will collect your IP address automatically.

NYM will use this information to enhance your Site experience.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Browsing History

When you use the NYM website, it will save your browsing history automatically.

NYM will use this information to enhance your Site experience.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Credit Card Number and Related Financial Information

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Transaction History (of Ordered Products)

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Physical Characteristics Related to Hair Type

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Email Communications

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Answers to Surveys

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Customer Support Communications

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Any Attachments Attached to an Email Communication or Other Customer Support Communication

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Ordered Product Information, Including Product Size, Product Quantity, Cost of Ordered Products, and Order Tracking Number

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Shopping Bag Information, Including Product Size, Product Quantity, Cost of Ordered Products

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Customer Reviews, Including Number of Stars on a Scale of 1-5, Content of the Review, and the Date of the Review

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

NYM Account Information, including First Name, Last Name, Email Address, Password that is Created by You When Setting Up Your Account, Date You Created the Account, Location, Uploaded Photograph, Product Wish List, Hair Type, Order History, and All Stored Physical Addresses

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

Information Involved in a Product Purchase, including Name, Shipping Address, Billing Address, Credit Card Number, Name on Credit Card, Expiration Date on Credit Card, CVC Code

You have actively provided this information to NYM through the NYM Site.

NYM will use this information to directly respond to your requests through its Site.

NYM does not sell information to third parties.

NYM may share information it is provided with third parties or vendors to respond to request or provide further services.

 

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information as described in more detail below.

To exercise any of these rights, please email hello@nymbrands.com.

To appeal a decision regarding a consumer rights request, please email hello@nymbrands.com.

Please see below for links to our state-specific privacy policies:

 Make sure to provide links here to each individual policy as provided. We will be rolling out new links to each state as the other new laws go into effect in late 2023 to 2026.

Sale and Sharing of Personal Information

We may engage in targeted advertising, which may be considered "selling" or "sharing" personal information as defined under certain state privacy laws, including California. If you would like to request to opt out of this practice, please click here: Do Not Sell or Share My Personal Information.

We do not have actual knowledge that we "sell" or "share" Personal Information of consumers under the age of 16, as our website is not intended for consumers under 16 years of age, and we do not knowingly collect Personal Information from consumers under 16.

Information for Nevada Residents

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. NYM does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us at privacy@nymbrands.com. 

Retention of Data

NYM retains Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, NYM refer to these criteria in order to determine retention period:

  • Whether we have a legal or contractual need to retain the data;
  • Whether the data is necessary to provide our Products, Services, or Site; and
  • Whether our Customers would reasonably expect that we would retain the data until they remove it or until their accounts are closed or terminated.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

Children’s Privacy

NYM’s Site is not intended for general audiences and is not directed to children under 17. We do not knowingly collect Personal Information from children under 17 through the Site. If you become aware that a child has provided us with Personal Information without parental consent, please contact us at privacy@nymbrands.com. If we become aware that a child under 17 has provided us with Personal Information without parental consent, NYM takes steps to remove such information.

Security

No security is foolproof, and the Internet is an insecure medium. We cannot guarantee absolute security, but we work hard to protect NYM and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Information that we collect and store. 

NYM addresses its guarantees as to privacy and security in the various agreements and data processing addendum that it enters into contractually with its Customers.

Third Party Applications and Integrations Used by NYM

The NYM Site uses third-party applications and integrations to enhance its customer service experience. NYM disclaims any and all liability and responsibility for the use of these applications and integrations, and encourages you to review their individual privacy policies before using the NYM website, purchasing products from NYM, or otherwise engaging with NYM:

The NYM Site contains links to the social networks Facebook, Instagram, TikTok, Twitter, and YouTube. NYM disclaims any and all liability and responsibility for your use of these sites, but encourages you to review their individual privacy policies before your use of these sites:

Use of Tools That Collect Biometric Data

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

To read and review our Biometric Data Information Collection Privacy Policy, please visit https://notyourmothers.com/pages/biometric-data-policy.

Updates to This Privacy Policy

NYM may revise this Privacy Policy from time to time. If NYM makes material changes to this Privacy Policy, we will notify you by email or by posting a notice on our Site prior to or on the effective date of the changes. By continuing to access or use the services after those changes become effective, you acknowledge the revised Privacy Policy.

Contact Information

If you have questions or concerns regarding this policy or our processing of your Personal Information, 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