"Personal information" refers to information that specifically identifies you as an individual and is provided to or collected by us. It may include, for example, your name, residential mailing address, residential email address, residential phone and facsimile numbers, age, credit card number, and gender. Personal information does not include business contact information AlumierMD is committed to collecting, using and disclosing personal information responsibly. Personal information that you provide will be used and disclosed only for the purposes to which you have consented.
We do not intend to collect any personal information from children under the age of eighteen. If a parent or guardian of a child who has provided us with such personal information would like the information deleted from our records, he or she should contact us at the email address or telephone number listed at the bottom of this policy statement. We will then delete the child's personal information from our files.
If we become aware that personally identifiable information regarding a child under the age of 13 has been collected at the Site, we will use such information for the sole purpose of contacting a parent or guardian of the child to obtain verifiable parental consent. If we cannot obtain consent after a reasonable period of time, or if when contacted a parent or guardian requests that we do not use or maintain such information, we will make reasonable efforts to delete it from our records. Upon request by a parent or guardian, AlumierMD will provide a description of the specific types of personal information collected from a child who is under the age of 13.
Information Automatically Collected
Personal Information You Provide
AlumierMD receives personal information only for a narrow set of purposes. Providing us with your personal information is always your choice. When you request services from us, we ask that you provide sufficient information to enable us to respond to your request. Personal Information may be used:
- To contact and correspond with you;
- To confirm your identity;
- To process and ship your orders for products;
- For billing purposes related to our services;
- To notify consumers of website updates;
- To contact consumers for marketing purposes;
- To respond to your service request or complaint; or
- For regulatory and audit purposes;
- Personal information may also be used for other purposes, subject to obtaining your prior consent.
Website: AlumierMD may collect personal information about you when you register to become an AlumierMD Skin Care Professional or Customer. In addition, we keep a record of the email addresses of those who contact us. We may use the personal information you provide to us on the website to contact you from time-to-time and as otherwise permitted by law. AlumierMD also collects both aggregate and user-specific information from the web pages accessed or visited, and any information volunteered by visitors to the website, such as marketing survey information and contest application information.
Service Request or Complaints: AlumierMD may collect personal information from you if you contact us with a request or complaint. The information collected may include your name, address, telephone number, email address, and the necessary facts to enable us to deal with your request or complaint.
Marketing: AlumierMD may collect information about you if you consent to participate in any of our marketing initiatives or research. The information collected may include your consumer habits and preferences. We may also send you email promotions and other information that may be of interest to you from AlumierMD or from its approved partners, as permitted by law.
Contests and Promotions: AlumierMD may collect information about you if you participate in any of our contests or promotions.
Your consent for us to collect, use and disclose your information may be expressed in writing, or may be implied by the fact that you have provided your personal information to us either verbally, electronically or in writing. When we receive personal information from you that enables us to provide you with our services, your consent to allow us to deal with that personal information in a reasonable manner may be implied.
Skin Care Professionals consent to the collection of personal information in accordance with the AlumierMD Limited License and Distribution Agreement executed by them when registering with AlumierMD. Customers consent to the collection of personal information in accordance with the Terms and Conditions of the Customer Application executed by them when registering with AlumierMD.
You also authorize us to use and retain this personal information for as long as it may be required for the purposes described above. Your consent remains valid even after the termination of our relationship with you, unless you provide us with written notice that such consent is withdrawn.
19. Arbitration. You and Alumier agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Alumier hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Alumier relating to the Service or this Agreement (each a "Claim") shall be submitted for binding arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Alumier also have the right to bring qualifying claims in small claims court. In addition, you and Alumier retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Alumier may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Alumier's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or effect any other portion of this Agreement. This Section will survive the termination of your relationship with Alumier.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN APPLICABLE RULES OF ARBITRATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ALUMIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
We will not sell, transfer or share any personal information about you to any third parties outside of AlumierMD and its approved partners who agree to honor these privacy safeguards, except under circumstances as may be required by law or to protect legal rights.
We may share our records with AlumierMD Europe, Limited or other affiliated entities. Personal Information that is accessible to a Canada company or stored in Canada may be subject to disclosure to Canadian government, courts or law enforcement or regulatory agencies for purposes of law enforcement.
In providing our services, we may need to disclose the personal information we collect to other service providers or agents who perform various functions for us, such as fulfilling orders, delivering packages, email administrative functions, processing credit card payments, and providing customer service, provided such suppliers agree to keep all personal information private, confidential and secure. AlumierMD may also disclose your personal information to third parties who administer contests, promotions and on-line activities on our behalf.
Information that is transferred or disclosed to Skin Care Professionals and to service providers or agents who perform various functions for us may be transferred outside of your home country to foreign jurisdictions, and may be accessible to law enforcement and other authorities within those jurisdictions.
In certain circumstances, we may provide personal information to third parties for legal or regulatory purposes, or as otherwise required or permitted by law.
If AlumierMD or its assets were to be sold, the purchaser is entitled to conduct a "due diligence" review of our records to ensure we are a viable business honestly portrayed to the purchaser. This due diligence review may involve some review of our accounting and client files. Before being provided access to our records, the potential purchaser would be required to agree in writing to keep all information confidential.
You may opt out of receiving certain communications from us (i.e. email promotions and other information that may be of interest to you from AlumierMD or from its approved partners) by emailing us at: CustomerCare@AlumierLabs.com or writing to us at:
AlumierMD Labs, Inc.
400 Applewood Crescent, Suite 100
Vaughan, Ontario, Canada
Attn: Information Security Officer
The website may contain links to other websites. AlumierMD is not responsible for the privacy practices or content of such other websites.
AlumierMD understands the importance of protecting your personal information. We use Internet security protocols to protect personal information collected through our websites. However, AlumierMD does not represent or warrant the complete security of the personal information provided to us through our websites. You understand that you are providing such information to us at your own risk.
It is important that your personal information is accurate and complete. Having accurate information about you enables us to give you the best possible service. With some exceptions prescribed by law, you have the right to access, verify or challenge the information we have about you and have it amended if appropriate. You can help us keep personal information up-to-date by keeping us informed of any changes, such as a change of address, telephone number or any other circumstances.
AlumierMD Labs, Inc.
400 Applewood Crescent, Suite 100
Vaughan, ON, Canada
Attn: Information Security Officer