BY USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE.
This Website is operated by Cosmetica Med Spa (“Cosmetica” or “We” or “Us” or “Our”). “Website” means the website located at https://cosmeticamedspa.com/ any subsequent URL which may replace this website, and all associated websites, URLs and micro sites, or links that You are directed to on or from our Website. “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here (these “Terms of Use” or this “Privacy Policy” or “Policy” or “Terms”).
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Website. Any changes or modifications to these Terms of Use, will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE. For this reason, you should frequently review these Terms of Use and any other applicable policies to understand the terms and conditions that apply to your use of the Website.
DO NOT USE OUR WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OF USE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.
USER INFORMATION & PERSONAL DATA
WE TAKE PRECAUTIONS WITH USER INFORMATION AND PERSONAL DATA. We value our Users and respect your privacy. We collect information about you through the Website in an effort to improve your online experience and to communicate with you about our services and promotions. Neither your name nor anything personal about you is sold or shared with any non-affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with businesses with whom we work to help the Website function. This Privacy Policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain information.
By accessing this Website, you acknowledge this Website Privacy Policy and agree to be bound by the terms hereof and the Terms of Use set forth on the Website. If there is anything you do not understand please email any inquiry to justin@claudlaw.com. If at any time you do not agree to this Privacy Policy, please do not use this Website.
We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.
Inputting or Providing Your Information
SMS and Voice Communication Consent By providing your phone number and opting in through our website forms, you agree to be contacted by Cosmetica Med Spa for both voice calls and text messages (SMS/MMS). This includes communications for appointment reminders, service updates, and, if you have opted in for marketing, promotional offers.
Compliance & Opt-Out:
- Message Frequency: Message frequency varies based on your interactions with us.
- Rates: Message and data rates may apply.
- Opt-Out: You can withdraw your consent at any time. To stop receiving text messages, reply STOP to any message we send. For assistance, reply HELP.
- Consent: Consent to receive automated marketing messages is not a requirement to purchase any goods or services.
Carriers are not liable for any delayed or undelivered messages.
I understand that my consent to be contacted is not a requirement to purchase any product, property, goods or service, and that I can opt out of receiving emails, phone calls and text messages at any time. If applicable, I agree to pay all of my mobile phone service provider’s applicable rates and fees.
Duty to Notify and Indemnify
If at any time, you intend to stop using the mobile telephone number that you have provided to us, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will immediately notify us prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms of Use. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change that you will be responsible for all costs (including, but not limited to, attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement will survive any cancellation or termination of your agreement to participate in any of our text messaging programs or your use of this website, or the use of any of our products or services. YOU FURTHER AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), THE CAM-SPAM ACT, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES OR MAKING PHONE CALLS OR SENDING VOICEMAILS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
CLASS ACTION WAIVER
YOU AND US EACH EXPRESSLY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You expressly agree that you may not participate in any class action against us, be a class member in any class action against us, or be a plaintiff, representative or named plaintiff in any class action against us. You expressly understand and agree that your agreement to do so is a material part of these Terms of Use, which will survive any cancellation or termination of your agreement to participate in any of our text messaging programs or your use of this website, or the use of any of our products or services.
Types of Personal Information Collected
We will ask you for certain kinds of personal information (“Personal Information”) to provide the services you request. This information includes:
Your Account
You have the opportunity to create a personal account with us. This account allows you to post comments to our Website and to use certain other features of our Website. Using a username and password of your choice, you may access your account online at any time to add, delete, or change information. Please be aware that although we may ask you for your actual name and address when you create your account with us, only your username will be viewable by other users of the Website. We therefore encourage you to choose a username that is not your actual name. In creating this account, you authorize us to store your name, address, email address, telephone number and other Personal Information that you may provide. The Personal Information provided by you is not used for any purpose other than as outlined in this Privacy Policy. If you ever use a public computer to and access your Website account, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information may still be stored with us, it will not be accessible to anyone else from that computer.
Email List
When you create an account with us, you will be given the option to be added to our mail list. Whether or not you select this option, your Personal Information will never be shared with or sold to third parties. Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at dina@cosmeticamedspa.com and include your name and email address in the message, or click the “unsubscribe” button found at the bottom of the emails we send you.
Participation in Promotions/Sweepstakes or Surveys
If you participate in one of our promotions or sweepstakes or user surveys, we may ask for additional information, such as your age, interests or hobbies.
Use of Your Personal Information
We use the Personal Information we collect for various purposes, including:
- For the services or to support your request
- To process your orders
- To send messages that help up provide our services on the Website
- To communicate with you about matters, including products, services, and promotions, that might be of interest to you
- To improve our overall Website experience
- To enforce our Privacy Policy and Terms or any other purposed referenced herein or therein
Sharing Personal Information with Third Parties
- We do not share, sell or trade your Personal Information gathered online with any third parties, except with your consent or as described herein. We do share your information with our partners if you have requested their services or if you have requested to be provided with information by them. We do not contribute to or participate in cooperative databases, which give other companies access to such Personal Information. However, this excludes text messaging originator opt-in data and consent, which will not be shared with any third parties or affiliates for marketing purposes.
- We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of Users of this Website or the public.
- We may also disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Website. For example, we may work with third parties to:
- manage a database of customer information;
- assist us in distributing emails;
- assist us with direct marketing and data collection;
- provide data storage and analysis;
- provide fraud prevention;
- provide customer service and fulfillment services; and
- provide other services designed to assist us in developing and running our Website and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.
- In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred.
- Our Website will allow users to post comments and other content to our Website. Any Personal Information that you post to our Website will become public information and will be accessible by other users of the Website. In addition, your user name will be viewable by other users, and we therefore encourage you to use a username that is not your actual name. We have no responsibility to maintain the privacy or security of any such Personal Information that you may choose to post to our Website.
- SMS/Mobile Data Privacy: Notwithstanding any other language in this policy, no mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Non-Personally Identifiable Information
- Through your use of this Website, we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate.
- The Website may use cookies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember you when you return to the Website. Cookies also hold information to personalize and enhance your experience and to gather website statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Website. The information in the cookies lets us trace your “clickstream” activity (i.e., the paths taken by users of the Website as they move from page to page) to enable us to better serve our users by revealing which portions of the Website are the most popular. Cookies contain absolutely no Personal Information. You may disable cookies on your browser. Please review your browser’s instructions for doing so.
- We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Website. Pixel tags help us analyze Users’ online behavior and measure the effectiveness of the Website and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.
- Cookies, pixel tags and/or other analytical tools that we may use on the Website may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to the Website. We do not otherwise track any information about your use of other websites.
- Cookies, pixel tags, and/or other analytical tools in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
- We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Website and your interaction with our advertising and other communications, but no Personal Information is shared with them.
- We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.
Your Security
- We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.
- Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use every reasonable means to ensure the security of information you transmit through the Website, we cannot guarantee that such information will not be intercepted by third parties. We will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
Opt-Out
You will receive emails from us only if you have asked to receive them. If you do not want to receive emails from us you may click on the “unsubscribe” link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.
“Spoofing” and “Phishing”
A common Internet scam is known as “spoofing” or “phishing.” This occurs when you receive an email from what appears to be a legitimate source requesting Personal Information from you. Please be aware that we will not send you any emails requesting you to verify any Personal Information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at dina@cosmeticamedspa.com, as we will investigate instances of possible Internet fraud.
Children and Privacy
The Website is not meant for children, and we will not knowingly collect any Personal Information from children under the age of 13 without verified parental consent. We will remove from our files any Personal Information of anyone we discover to be under 13 years old. Our online contests or sweepstakes are restricted to entrants who are at least 18 years old. We are concerned about the safety of children when they use the Internet, and we understand that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Website.
Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to justin@claudlaw.com. Please allow 30 days for a response.
Disclosure for Legal Purposes
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
Non-Confidential Information
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
Assignment
We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.
Contact
If you have any questions about your privacy or security at the Website, please send an email to dina@cosmeticamedspa.com and include your name and email address in the message. If you do not receive a response from us to any emails you send to us within 7 business days, please send us another email as your original email may not have been received.