MATTER OF FACT Skincare | Privacy Policy

November 5, 2021

Baek Clinical Privacy Policy

This Privacy Policy is provided by Baek Clinical, Inc. (with its affiliates, collectively or individually “we,” “our,” “us” and “Baek Clinical”), and applies to your use of www.matteroffact.com (the “Site”) and any other websites, applications, or services provided, owned by us (collectively, the “Services”). We value the privacy of the users that visit and use the Services (collectively or individually, “you” or “users”) and want you to be familiar with how we collect, use, and disclose personal information from and about you. 

For purposes of data protection laws, Baek Clinical, located at the address at the bottom of this Privacy Policy, is the data controller of your information collected in connection with the Services. All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

You may share personal or financial information when using the Services, including submitting your personal contact and payment information, and other information necessary to obtain the Services.

Table of Contents

1. Personal Information We Collect About You

2. How We Use Personal Information 

3. When We Disclose Personal Information 

4. Legal Bases for Our Collection of Personal Information 

5. Cookies and Similar Technology 

6. Security of Your Information

7. Data Retention. 

8. Your Privacy Rights

9. Supplemental Notice for California Residents

10. Nevada Consumers

11. Children’s Privacy

12. Changes and Updates to this Privacy Policy 

13. Baek Clinical Contact Information

 1. Personal Information We Collect About You. We obtain certain information about you when we provide the Services.

(a) Information You Provide to Us. You may provide the following information to us when using the Services:

 i. Account Creation. We may collect information when you create an account for easier checkout, such as name, email address, and billing/shipping address.

 ii. Purchases. We may collect personal information and details associated   with your purchases, including payment information. Any payments made  via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).

iii. Your Communications with Us. We may collect information such as your email address, phone number, or mailing address when you request information about our Services, request customer support, or otherwise communicate with us.

iv. Surveys, Sweepstakes, or Contents. We may collect information if you participate in a survey, sweepstakes, or contest that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

v. Interactive Features. We and others who use our Services may collection information that you submit or make available information through our interactive features (e.g., messaging and chat features, commenting or product review features, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.

vi. Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

(b) Automatically Collected Information. We may collect personal information automatically when you use our Services:

i. When you access the Services or open one of our emails, we may automatically record and store certain information about your device. Examples of information that we might collect are Internet Protocol addresses, device and browser types and identifiers, location information (such as approximate location derived from IP address), referring and exit page addresses, and software and system types. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

ii. Cookies, Pixel Tags/Web Beacons, and Other Technologies. We or our third parties that provide content, advertising, or other functionality on our Services automatically record and store certain information about your device by using cookies (small text files sent to your browser that store preferences and facilitate and enhance your experience), pixel tags (a piece of code embedded in our Services or emails, also known as a web beacon that collects information about your engagement with our Services or emails), and other types of technology (“Technologies”). Our uses of these Technologies fall into the following general categories:

  1. Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality.
  2. Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below).
  3. Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed.
  4. Advertising or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

iii. Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:

  1. Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.
  2. Facebook Connect. For more information, please visit Facebook’s Data Usage Policy. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address while logged into your Facebook account:  https://www.facebook.com/settings?tab=ads.

iv. Social Media Platforms. Our Services may contain social media buttons such as Facebook, Twitter and Instagram (that might include widgets such as the “share this” button or other interactive mini-programs). These features may collect your IP address and the pages you visit on our Services, and may set cookies to enable the features to function properly. Your interactions with these platforms are governed by the privacy policies of the companies providing them.

(c) Information from Other Sources. By signing up for the Services, we may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as a third-party login service or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings. 

2. How We Use Personal Information.

(a) Provide our Services. We may use personal contact information to communicate with you to provide the Services, such as:

i. Managing your information and accounts;

ii. Answering requests for customer or technical support;

iii. Communicating with you about your account, activities on our Services, and policy changes;

iv. Processing your financial information and other payment methods for products or Services purchased;

(b) Administrative Purposes. We may use your information for various administrative purposes in order to give you a more enjoyable shopping experience, such as:

i. Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

ii. Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

iii. Measuring interest and engagement in our Services;

iv. Short-term, transient use, such as contextual customization of ads;

v. Improving, upgrading or enhancing our Services;

vi. Developing new products and Services;

vii. Ensuring internal quality control and safety;

viii. Authenticating and verifying individual identities, including requests to exercise your rights under this policy;

ix. Debugging to identify and repair errors with our Services;

x. Auditing relating to interactions, transactions and other compliance activities;

xi. Sharing information with third parties as needed to provide the Services:

xii. Enforcing our agreements and policies; and

xiii. Complying with our legal obligations.

(c) Marketing and Advertising our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may send you promotional materials or notifications related to the Services as permitted by law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking. If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time at customercare@matteroffactskin.com.

(d) Other Purposes. We also use your information for other purposes as requested by you or as permitted by applicable law.

i. Legal Obligations. In some cases, we have an obligation to collect and process your personal information by contractual obligations or by law (such as our obligation to share data with tax authorities, honor contracts or other legal obligations).

ii. De-identified and Aggregated Information. We may also use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, information about the device from which you access our Services, or other analyses we create.

iii. Automated Decision Making. We may engage in automated decision making, including profiling, such as to offer you personalized recommendations for our products on our Site. Baek Clinical’s processing of your personal information will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, you may contact us at customercare@matteroffactskin.com.

iv. Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend neighbor, or co-worker).

3. When We Disclose Personal Information. We may share personal information to third parties in order to provide the Services. For instance, we may:

(a) Disclose information to service providers in connection with providing the Services, such as to provide website hosting, payment processing, maintenance and security; fulfill background and other checks; conduct data analysis and create reports; and provide certain service functionality.

(b) Disclose information in connection with a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider. Your information may be sold or transferred as party of such transaction as permitted by law and/or contract.

(c) Disclose information to third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”

(d) Disclose user information in good faith to comply with U.S. state and federal laws or other applicable laws around the world, respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required.

(e) Disclose information we believe, in good faith, it is appropriate or necessary to protect us from potential liability or from fraudulent, abusive or unlawful use; investigate and defend ourselves from third-party claims or allegations; protect the security or integrity of the Services; or to protect the rights, property, or safety of us and our users.

4. Legal Bases for Our Collection of Personal Information. We collect and process your Personal Information on the basis of different legal grounds, depending on the nature of the data provided, including:

(a) Performance of a Contract – In order to provide the Services, collection and processing Personal Information is necessary for the performance of our agreement with you.

(b) Legitimate Interest – We have other needs to collect or process Personal Information, for example, where we have a legitimate interest in providing marketing materials, where you have a reasonable expectation to perform a process or service on your behalf, or to prevent fraud and identity theft.

(c) Legal Obligation – Where we need to retain or provide information based on legal obligations, for example, court orders, tax authority requests, and other obligations.

(d) Consent – We rely upon your consent to collect and process Personal Information, for example, where you rely upon us to provide the Services.

5. Cookies and Similar Technology. You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note that cookie-based opt-outs may not be effective on mobile interfaces and that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. 

6. Security of Your Information. We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

7. Data Retention We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. Your Privacy Rights.

The privacy choices you may have about your personal information are determined by applicable law and are described below.

  • Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).
  • Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.
  • “Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Additionally, in accordance with applicable law, you may have the right to exercise certain data subject rights, such as the right to:

(a) Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information in a structured, commonly used, and machine-readable format; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine-readable format (the “right of data portability”);

(b) Request Correction of your personal information where it is inaccurate or incomplete;

(c) Request Deletion of your personal information;

(d) Request Restriction of or Object to our processing of your personal information including where the processing of your personal information is based on our legitimate interest or for direct marketing purposes; and

(e) Withdraw your Consent to our processing of your personal information.

If you would like to exercise any of these rights, please contact us as set forth in Section 13 below. We will process such requests in accordance with applicable laws.

9. Supplemental Notice for California Residents. This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”).

(a) Right to Know. The CCPA provides California residents with the right to know what categories of personal information Baek Clinical has collected about them and whether Baek Clinical disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

 

Category of Personal Information Collected by Baek Clinical

Category of Third Parties Information is Disclosed to for a Business Purpose

Identifiers. 

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name,  or other similar identifiers.

·  Advertising networks

·  Data analytics providers

·  Social networks

·  Service providers

·  Other users/public(if you leave a review or comment)

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name, address, telephone number,  credit card number, debit card number, or any other financial information.

·  Data analytics providers

·  Service providers

Commercial information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

·  Advertising networks

·  Data analytics providers

·  Service providers

Internet or other electronic network activity

Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.

·  Advertising networks

·  Data analytics providers

·  Service providers

Inferences drawn from other personal information to create a profile about a consumer

Profile reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

·  Advertising networks

·  Data analytics providers

·  Service providers

 

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect About You” and “How We Use Personal Information” above, respectively.

(b) Opt-out of “Sales.” Baek Clinical does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age, as the term “sell” is commonly understood. That said, we do share information with third-party advertisers for the purpose of promoting our Services. To the extent that such sharing is considered a “sale” under the CCPA, you may opt-out of having your information shared by disabling third-party cookies on your device, or by contacting us at customercare@matteroffactskin.com.

(c) Additional Privacy Rights for California Residents.

i. Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

ii. Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us at customercare@matteroffactskin.com.

iii. Verification. To protect your privacy, we will take steps the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in Section 13 below. We will process such requests in accordance with applicable laws.

(d) Refer-a-Friend and Similar Incentive Programs. As described above, we may offer referral programs or other incentivized data collection programs. For example, we may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward, or provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your data to us depends on how you ultimately use our Services, whereas the value of the referred party’s data to us depends on whether the referred party ultimately becomes a user and uses our Services. Said value will be reflected in the incentive offered in connection with each program.

10. Nevada Consumers Nevada law provides consumers in Nevada the right to request a company not to sell their personal information. You can exercise this right by contacting us at customercare@matteroffactskin.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

11. Children’s Privacy Protecting the privacy of children is especially important. The Services are not directed to minors under 13 years of age (or other age as required by local law), and we do not knowingly collect or maintain personal information of minors. If we learn that personal information of minors has been collected on or through the Services, we will take reasonable measures to delete that information from our records, unless we have a legal obligation to keep it, and terminate the child’s account if applicable. Please see Minimum Age and Consent in our Terms of Service.

12. Changes and Updates to this Privacy Policy. We may change, modify, add, or delete portions of this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post the revised Privacy Policy here and notify you as required by applicable law. Your continued use of the Services indicates your acknowledgement of the Privacy Policy as posted.

13. Baek Clinical Contact Information. Please contact us with any questions or comments about this Privacy Policy at customercare@matteroffactskin.com, or by contacting us at:

Privacy Agent

c/o Baek Clinical, Inc.

3511 W. 6th St, Ste. 12

Los Angeles, CA  90020

 

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