TERMS & PRIVACY POLICY

TERMS

Updated: May 2018

Acceptance and Modification of the Terms of Use
Your access and use of the websites (the “Websites”) of www.BeautyEvolutionSkincare.com (“BES”), which includes affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
If we choose to modify our Terms of Use, we will post a new dated version on our Websites. We invite you to consult these Terms of Use from time to time in order to familiarize yourself with any changes.

Copyright Notice
All content appearing on this Website is the property of: BeautyEvolutionSkincare.com
Copyright © 2018 BeautyEvolutionSkincare.com. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018 BeautyEvolutionSkincare.com. All rights reserved.

Trademarks
All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by BES. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of BES or any third party, except as expressly granted herein.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. BES and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if BES believes that customer conduct violates applicable law or is harmful to the interests of BES and its subsidiaries.

Disclaimer of Warranties
The Content included in this Website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Website. BES makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or Content, or the suitability, functionality, or operation of this Website or its Content. By using this Website, you assume the risk that the Content on this Website may be inaccurate, incomplete, offensive, or may not meet your needs, requirements and expectations. BES SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL BES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any advise or information, be it oral or written, obtained from BES or during the use of services made available on the Website, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

Limitation of Liability
YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER BES, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY BES), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. BES assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
BES reserves the right to interrupt or discontinue any or all of the functionality of its Websites. BES accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of BES or any third party.
The references and descriptions of products or services within the Website materials are provided "as is" without any warranty of any kind, either express or implied. BES is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Website or of any of the products or services described hereon.

Miscellaneous
VOID WHERE PROHIBITED: Although the information on this Website is accessible worldwide, not all products or services discussed in this Website are available to all persons or in all geographic locations or jurisdictions. BES and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Website is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the Province of Ontario shall apply and both parties shall consent to the jurisdiction of said Province’s courts. Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and BES with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and BES with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by BES. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

 

PRIVACY POLICY

Updated: May 2018 

This privacy policy discloses the privacy practices and policies of www.BeautyEvolutionSkincare.com (“BES”), which includes affiliated companies and describes how and why we collect your personal information and how we use, disclose, safeguard and otherwise manage your personal information.

BES respects your personal privacy. We believe ensuring the security of your personal information is an important part of our job, and we strive to protect any personal information you may provide us.

Scope
This privacy policy applies to personal information we collect in the course of operating our business in Canada, online through BES’s website www.BeautyEvolutionSkincare.com (“Website”). This privacy policy does not apply to any information that is exempted from the definition of “personal information” in applicable federal or provincial privacy legislation.

The Website contains links to other sites and advertisements that are not controlled or operated by BES. This privacy policy does not apply to information collected by other websites or third parties. We are not responsible for the privacy practices and policies of other websites or third parties. BES encourages you to review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third party websites.

Accountability
BES is responsible for the personal information under its control. This includes personal information under our control, as well as personal information that we may transfer to our affiliates or third party service providers for processing or other purposes that facilitate our business operations. We use contractual or other appropriate means to require third parties that provide services on our behalf to maintain a level of privacy protection comparable to our own practices.

BES has designated a Privacy Officer who is accountable for the handling of personal information under our control and for ensuring that the principles set out in this privacy policy and applicable privacy legislation are complied with. Contact information for our Privacy Officer is set out below.

Collection, Use and Disclosure of Personal Information
Either before or when we collect personal information from you, we will explain how we intend to use and disclose it. We will limit the collection of personal information to that which is necessary to accomplish the identified purposes and will use and disclose it only for those purposes. If we wish to use or disclose your personal information for a new purpose, we will identify such purpose and obtain your consent prior to use or disclosure for such purpose, unless such consent is not required by law.

How We Collect Your Personal Information
We collect personal information from you in a variety of ways when you interact with BES. Some examples include but are not limited to situations when you: create an account on our Website; order, purchase, exchange, return, or cancel an order for, any of our products or services, whether through our Website or in our retail stores; contact us, make an inquiry about any of our products or services or otherwise request information or assistance from us; communicate with our customer service representatives; sign up to receive catalogues and/or emails and information about new and limited edition products, special offers, events or other news; register and participate in our online customer forum; provide feedback or make other submissions to BES; participate in a contest, sweepstake or other promotions; participate in or respond to consumer survey or requests for consumer opinions, concerns or preferences regarding our products and services; apply for employment with BES; engage with us on social media; or use other features of the Website that may be offered from time to time and may require such information in order to use the feature (including but not limited to submitting user-generated content as described in the Terms of Use).

The personal information we collect may include information such as your name, username, password, billing address, shipping address, telephone numbers, email address, and credit and debit card information. In some cases, such as when you ask us to ship an order or you purchase a gift or gift certificate, we may collect information about someone other than you, such as the name, address, telephone number and email address of the recipient. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including personal information of another individual, that is provided by you to BES.

In most cases, we collect personal information directly from you. However, in some cases, we may obtain personal information about you from other sources. Unless there is a legal exception, we will obtain your consent to the collection of personal information about you from other sources.

We may also collect and use the following information when you visit our Website.

Aggregate Site Use Information
We record information about the pages viewed by all of our Website visitors. This data includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, connection speed, read time, display time, and number of clicks. We use this data, in aggregate form, to compile statistics and reports for BES's use, and improve the online experience for all visitors. We may, on occasion, provide portions of this aggregate information to vendors, consultants, potential advertisers, or news agencies. Typical uses of the data in this fashion would be to gauge the amount of interest in our site, to plan for site infrastructure improvements and/or to plan and evaluate marketing initiatives.

Cookie Use
A cookie is a small text file stored on a user's hard drive. When you visit our Website we use cookies to maintain a record of your visit. Cookies help us improve the Website and deliver more personalized service. We also use cookies to assist with anonymous site traffic analysis, which includes tracking the time/date of visits, pages viewed, and referring URLs.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting BES cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to shop on or access certain sections of our Website.
How We Use Your Personal Information
BES uses your personal information to offer and provide products and services (including to process and track orders, shipping, payment, etc.), manage our relationship with you, verify your identity and address, carry on our business operations and as may otherwise be required or permitted by law. Some examples of how we may use your personal information include: to develop, enhance, market, sell or otherwise provide products, services or information; administer your account; to conduct commercial transactions including to process and administer purchases, exchanges, returns or other transactions that you may engage in with BES, including at our stores or through our Website, and to communicate with you about those transactions; to contact you and respond to any requests or other communications that you may have had with us, including requests for customer service; to provide you with catalogues and emails about new and limited edition products, special offers, events or other news that you have subscribed for; to conduct and administer surveys and contests, sweepstakes and other promotions in which you have participated; to perform data analysis and help us improve and customize our service offerings and Website; to troubleshoot problems with the Website; to enforce our Terms of Use or comply with this privacy policy; to protect the security and integrity of our Website and our business; to detect and protect against error, theft, fraud and other illegal activity; to process and respond to applications for employment; to comply with any legal or regulatory requirements; and for any other purpose for which you consent.

How We Disclose Your Personal Information
BES will not disclose your personal information to third parties for their direct marketing purposes without obtaining your prior affirmative consent. BES will only disclose your personal information under the following circumstances or otherwise with your consent.

Affiliates
We may share personal information that we collect within our affiliated group of companies for the purposes identified in this privacy policy.

Service Providers
We may disclose or otherwise make available personal information to third party service providers that support our business operations or provide services on our behalf, such as third party shipping companies, payment card processing companies, companies who support the technical operation and maintenance of our Website, and companies who deliver surveys, contests, sweepstakes and other promotions, but we do not provide any more information than necessary for these purposes. We require all such service providers to keep your information confidential and secure, and to have privacy policies and practices with respect to personal information that are comparable to ours. In addition, we require that our service providers not use or disclose the personal information for any purpose other than providing the services to us or on our behalf, except as may be required by law.
Your personal information may be processed and stored in any country in which our affiliates or our service providers maintain facilities and may be accessible to the courts, law enforcement, and national security authorities of any such country through the laws of such country.

Sale of Business
BES may disclose or transfer personal information we have about you in connection with a potential or actual purchase, sale, lease, merger, amalgamation or other type of acquisition, disposition or financing all or part of our business or assets.

Legal Requirements
BES may disclose your personal information as required or permitted by law, including, without limitation, to comply with a subpoena, warrant or other legally valid inquiry or order. BES reserves the right to co-operate with local, national, or international law enforcement or other authorities in the investigation of improper or unlawful activities and this may require the disclosure of personal information. If such an investigation requires disclosure of personal information kept in our records, we may be required by law to cooperate. We also reserve the right to report improper or unlawful user activities on our Website, which may require the disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

E-News
Visitors to our Website may choose to opt in to receive BES emails. BES e-news and catalogues are sent only to individuals who choose to provide us with their name, address and email address for such purpose(s). Our subscriber database is not sold, rented or loaned to any third parties for direct marketing purposes. Subscribers wishing to update their contact information, or opt out of receiving BES e-news or catalogues, can do so at any time by emailing info@BeautyEvolutionSkincare.com.
We collect aggregate information regarding open rates, page views, and generated sales from our HTML emails. Aggregate information does not personally identify individuals. Subscribers concerned about collection of aggregate information may unsubscribe in the manner described above.

Consent
Depending on the circumstances and the sensitivity of the information, we may obtain your consent to the collection, use and disclosure of your personal information in different ways. Express consent may be obtained verbally, online or in writing. Implied consent may be obtained when you approach us to obtain information, inquire about or order products or services from us, or through your use of a product, service or the Website.
By submitting personal information to BES or its service providers, you agree that BES may collect your personal information and you consent to the use, disclosure and transfer of your personal information in accordance with this privacy policy and as permitted or required by law.
You may withdraw your consent to our collection, use, and disclosure of your personal information at any time, on reasonable notice, subject to legal or contractual restrictions. We will inform you of the implications of doing so. For instance, withdrawal of consent may make it impossible for us to provide or to continue to provide certain products, services or information to you.
We will not refuse to provide a product or service to you if you choose not to provide us with your personal information, unless the failure to provide such information makes us unable to provide such product or service to you.

Retention of Personal Information
BES will retain personal information for as long as necessary for the fulfilment of the identified purposes, or as otherwise required or permitted by law. BES will take reasonable steps to destroy, erase or render anonymous personal information that is no longer required to fulfill the identified purposes.
Security of Personal Information
BES has implemented security safeguards, appropriate to the sensitivity of the information, to protect personal information in our control against loss, theft, and unauthorized access, disclosure, copying, use, or modification. These security safeguards include organizational, technical and physical measures.
Warning: Email is not a secure means to send personal information, as it is not encrypted. We strongly encourage you to use our secure ordering process when ordering online. Nevertheless, Internet or wireless communications are never completely private or secure and there is always a risk that any messages or information you send to or through the Website may be intercepted by others.
You should also be aware that certain aspects of the Website are not confidential and are available for public viewing. For example, any submissions that you post to any publicly available online forum or blogs or other publicly available features of the Website are not confidential and may be viewed by other users of the Website. By making personal information publicly available where the Website allows you to do so, you consent to such publication by BES or its service providers. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

Accuracy of Personal Information
We strive to ensure that any personal information we use and retain is as accurate, complete and up-to-date as necessary for the purposes for which it was collected. We do not routinely update personal information unless necessary for these purposes. Nonetheless, if our records regarding your personal information are inaccurate or incomplete, we will amend that information at your request. Requests for correction of your personal information should be directed to the BES Privacy Officer at the address below. BES account holders and subscribers to BES e-news may also update their contact information by emailing info@BeautyEvolutionSkincare.com. 

Access To Information
At your request, we will provide to you a statement explaining the extent to which we hold personal information about you and how that information has been used or disclosed by us. You may also request access to your personal information in our custody or control. In order to verify that the information is being released to the proper individual, you may be asked to provide suitable identification or to otherwise identify yourself. If we are unable to provide you with a list of organizations to which we have actually disclosed your personal information, we will provide you with a list of organizations to which we may have disclosed your personal information. In certain circumstances, access to personal information may be denied. If we deny your request for access, we will advise you of the reason for the refusal. Requests for access should be directed to the BES Privacy Officer at the address below.

Changes to this Privacy Policy
BES reserves the right, in its discretion, to change this privacy policy at any time and from time to time. All changes will be posted to the Website and will apply to any personal information collected on or after the date posted. BES will treat your continued use of the Website following any such posting as your acceptance of the revised terms. All changes will remain in compliance with applicable federal and provincial privacy legislation. We encourage you to check this privacy policy regularly for changes.

Contact our Privacy Officer
If you have any questions, comments or concerns about this privacy policy or our privacy practices, or wish to challenge our compliance with this privacy policy, please contact BES’s Privacy Officer using the contact information below. All complaints will be investigated. If BES finds a complaint to be justified, appropriate measures will be taken, including if necessary, amending our policies and practices.

Beauty Evolution Skincare
info@BeautyEvolutionSkincare.com
Oakville, Ontario L6J 3A7
For additional information regarding the use of our Website please see our Terms of Use posted on the Website.