Privacy Policy

Last updated: June 01, 2023

This privacy policy describes the personal information that we, Berd Wealth Holdings LLC., and our subsidiaries (collectively, “Cosmendy,” “we,” “us” and “our”) collect about you, why we collect it, how we use it, and when we share it with third parties or unaffiliated service providers.

This privacy policy covers our website cosmendy.com (the “Site”) and our associated services and mobile applications. Our policy also describes the choices you can make about how we collect and use your information.

OUR POLICY

If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the “last updated” date that appears above. If you do not agree to the new terms, you should stop using our websites/mobile apps or otherwise providing information to us.

If you have any questions about our privacy policy, please contact us as described in the section entitled, “How do I contact you?” below.

What information do we gather about you?

We collect personal information directly from you. The types of information we may collect include your name, email address, postal address, phone number, credit card or other payment information, age, location, and any other information you choose to provide. We also collect information from you automatically, including:

• Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product detail, purchase price, and date of the transaction.
  
• Log Information: We collect information related to your access to and use of our website, including the type of browser you use, access times, pages viewed, your IP address, and the page you viewed before and after visiting our website. We may also collect this type of information in visual form when you visit our website, including video snippets of your website activity.
  
• Device Information: We collect information about the computer or mobile device you use to access our website, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  
• Geolocation Information: We may derive the approximate location of your device from your IP address. We may also collect information from your device in accordance with your device settings.
  
• Payment Information: When you make a purchase, we may collect identifiers such as your full name and billing address in connection with your purchase. Our store is hosted on Shopify Inc, a third-party services provider. After you place an order on our website you will need to make payment for the goods or services you have ordered.  We share your personal information with third parties which process payment card transactions on our behalf. Our third-party payment processors collect, use, and process your information, including payment information, in accordance with their privacy policies. You can access their privacy policies via their own website
  
• Information Collected by Cookies and Similar Tracking Technologies: We may use tracking tools like browser cookies, flash cookies, pixels, and web beacons. Please see “How do we use browser and mobile-based cookies and other tracking technologies?” for more information.
  
• Commercial Information: We collect information about your product and service preferences and interests.
  
• Login credentials: We collect your username and password if you choose to create an account with us.
• Skin Care and Health Related Information: If you complete our Skin Concierge questionnaire and/or consult with our Skin Concierge services, you may provide information about your daily skin care habits. This may include describing your personal skin care routines and preferences, including any relevant skin or health conditions that you choose to share with us. Please note that some of this information may be considered health information under certain U.S. state laws.

How do we gather information?

We collect personal information directly from you in the below contexts. We also collect personal information from you using sources like advertising networks, data analytics providers, social networks, data brokers, and other service providers.

• If you register an account with us
  
• In connection with an online purchase
  
• If you upload or share a photo or other digital content through one of our websites or mobile apps, or share content linking to any of our social media platforms
  
• If you enroll in our loyalty program
  
• If you participate in a contest, or promotion
  
• If you return a product
  
• If you contact us via e-mail or through our customer service, including through the use of online chat tools that we may make available
  
• In connection with your interactions with our Skin Concierge service, including the personal information you provide when you complete a Skin Concierge questionnaire
  
• In connection with your interactions with us as a registered user of our website or mobile app
  
• We may use tracking tools like browser cookies, flash cookies, pixels, and web beacons to collect information from you. Please see “How do we use browser and mobile-based cookies and other tracking technologies?” for more information.

How do we use your information?

We may use your personal information in the following ways:

• To provide, maintain, and improve our products and services
  
• To fulfill your order, including to send you emails to confirm your purchase, and provide you with updates with respect to your order status and shipment, to provide you with related customer service in order to manage our contractual relationship with you, as necessary, to comply with our legal obligations.
  
• To communicate with you, respond to your inquiries, and to send you information by email, postal mail, telephone, text message, notifications, or other means about our products, services, and rewards and promotions, unless you have directed us not to contact you.
  
• To administer our promotions and our rewards scheme
  
• To help us better understand your shopping needs and preferences and provide consistent, personalized services and experiences across our products
  
• To help us address problems with and improve our website design, products, and services
  
• To enhance your shopping experience
  
• To analyze trends and statistics, audits, develop new products, enhance our website, improve the Services, identifying usage trends for our website and determining the effectiveness of promotional campaigns
  
• To protect the security or integrity of our website and the Services, including to perform security analyses to verify that the Services are working properly and have not been compromised based on our legitimate interests
  
• For internal and operational use, such as to enable the website to function
  
• For other purposes when in identified or aggregate form

Do we disclose your information?

All personal information we collect about you may be shared with our subsidiary companies. Additionally, we may share personal information with our business partners in certain cases, such as if we sponsor a promotion.

We may also share personal information about you with unaffiliated service providers for purposes of helping us maintain and operate our services. These may include providers of services such as website hosting, data analytics, advertising and marketing, including advertising networks and/or social media networks, payment processing, order fulfillment, information technology and related infrastructure provisions, customer service, auditing, and other services.

When you complete a purchase, we share personal information about you and your purchase with our third-party payment providers for the purpose of processing your transaction, including credit card authorization (or other payment information), and order processing and fulfillment.

We may share personal information about you to comply with applicable law and regulations (including laws outside of your country of residence) including law enforcement. We may also share personal information to evaluate, assert, or protect our legal or financial interests and/or to protect the health, safety, or property of ourselves or others.  

In the event of a sale or merger of any of our businesses, our customers’ personal information and other information we have collected as described in this privacy policy may be among the transferred business assets and may be shared with, for example third-party acquirers and their advisers.

We may also share aggregated or de-identified information that cannot reasonably be used to identify you.

Third-Party Links

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the content or accuracy of third-party websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

How do you protect my personal information?

We take reasonable precautions, including working with reputable third-party payment processors and implementing physical and electronic safeguards, to help protect the security and privacy of your personal information. However, please be aware that no means of transmitting data over the internet is 100% secure. Please take steps to protect your own personal information, such as by selecting a unique and complex password for your account.

 

How do I access or change my information?

You can review and change certain personal information related to your use of the website and the Services (such as your name and contact information) by signing in to your account or by contacting us as described in the section entitled, “How do I contact you?” below.

 

How do I make choices about receiving promotional communications?

We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information, such as information about special offers, from us or our subsidiary companies, you can let us know by contacting our customer service as described in the section entitled, “How do I contact you?” below. You may also follow the instructions included with the promotional communication, such as by following unsubscribe or opt out links.

Please note that when you make an online purchase from us, we will continue to confirm your order status and shipment by email. We may also need to contact you via telephone, email, or postal mail with questions or information regarding your order or other non-promotional matters.

 

SMS Marketing Services

We may collect your phone number if you sign up to receive our specific SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. We will not share your consent with any other third parties, except for messaging partners, for the purpose of enabling and operating our text messaging program.

As further described below, our website uses cookies to serve a variety of purposes, including keeping track of items you put into your shopping cart and when you have abandoned your checkout. This information is used, in part, to determine when to send cart reminder messages via SMS marketing services. 

 Do we collect children’s information?

We will never knowingly request personal information from anyone under the age of 13. Our website is not targeted to or intended for use by children. However, if we learn that we have received personal information from a child under the age of 13 without appropriate parental consent, we will delete that information from our database.

Retention

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.  

The criteria used to determine our retention periods include:  

• The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or make purchases on our website);
  
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).  

 

How do we use cookies and other tracking technologies?

We and our third-party vendors use cookies, pixel tags, and other tracking technologies on this website to help enable you to shop on our website and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience. These tracking technologies help us better understand your shopping needs and preferences and tell us which parts of our website you have visited, facilitate and measure the effectiveness of our advertisements, and provide consistent and personalized services and experiences. These tracking technologies gather information over time and across different websites about you, some of which may be personal information as identified above in “What information do we gather about you”.

You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you may not be able to access your account information or make purchases on our websites. Please note that our website does not currently recognize “Do Not Track” signals.

Do I have any rights to my personal information?

You may have the below rights (“Data Subject Rights”) with respect to the personal information that we collect or process about you. These rights differ depending on your state of residency, including California, Virginia, Colorado, Connecticut, Utah, and Nevada. Please note that we reserve the right to honor your Data Subject Rights as required by applicable law.

• Right to Confirm Processing, Access, and Obtain a Copy: If you ask us, we will confirm whether we are processing your personal information and, if so, provide you with a copy of all personal information you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.
  
• Right to Amend: If you believe your personal information is inaccurate or incomplete, you may request that we correct it.
  
• Right to Delete: You may request that we delete your personal information, subject to certain exceptions.
  
• Right to Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your personal information in certain contexts, such as if we process personal information that is considered “sensitive” under applicable U.S. state laws or engage in certain automated decision-making activities.
  
• Right to Opt Out of Targeted Advertising: Targeted advertising is the practice of serving you tailored advertisements based your personal information gathered over time and across other businesses, websites, applications, or services. You have the right to opt out of this practice.
  
• Right to Opt Out of Sales: Some states may consider targeted advertising a “sale” of personal information. You may request that we not “sell” your personal information.
  
• Right to Non-discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal information.
  
• Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination. 

If you or your authorized agents would like to exercise a Data Subject Right, you may do so by following the instructions in “How do I contact you?” below. Please note that you may also login to your account to access and correct your account information at any time.

In order to process your request to exercise a Data Subject Right, we will ask you to verify your identify by confirming your name, e-mail address, phone number, or other identifiable information that we have in our records, such as most recent purchase, if applicable.

 

Your California Privacy Rights

If you reside in California, please read this section for additional disclosures about how we collect, use, and disclose information about you and your rights under the California Consumer Privacy Act (or “CCPA”)

Additional Disclosures Related to the Collection, Use, Disclosure, and Sale of Personal Information

• Categories of Personal Information Collected: In the previous 12 months, we have collected the personal information listed in the section “What information do we gather about you?” above. This information falls into the following categories under the CCPA: identifiers; categories of personal information; commercial information; geolocation information; audio, electronic, or visual information; internet or electronic network activity information; inferences drawn from the above categories. Additionally, we collect the following “sensitive” personal information: health data, account credentials, and contents of messages that you send to our customer service providers. 
  
• Business or Commercial Purpose for Collecting and Selling Information: We collect personal information for the business and commercial purposes described in “What information do we gather about you?” and “How do we use your information” above.
  
• Categories of Sources of Personal Information: We collect personal information from and about you as described in “How do we gather information about you?” above.
  
• Categories of Third Parties with Whom We Disclose Information: We may disclose your personal information with third parties as described in “Do we disclose your information?” above.
  
• Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the categories of personal information listed in the “What information do we gather about you?” section above for the reasons described in “Do we disclose your information?” above.
  
• Sale or Share of Personal Information: Because we engage in the practice of cross context behavioral advertising, also known as online targeted advertising, we may “sell” and/or “share” your personal information as those terms are defined by the CCPA. In the preceding 12 months, we may have “sold” or “shared” identifiers, commercial information, and internet or electronic network activity information with data analytics, advertising networks, and/or social media networks.

 

You may change your mind at any point and request to opt out of the sale or sharing of personal information.

Our website does not recognize “Do Not Track” signals. However, our website may recognize certain opt-out preference signals, such as the Global Privacy Control You may set such a signal through your browser or browser extension.

Notice of Financial Incentive for Cosmendy Rewards

We offer our customers a loyalty program (CosPoints) that provides exclusive offerings, free product samples, and additional perks or access to promotions. When you sign up for CosPoints, we will ask you to provide your name, contact information, birthday, and other details. Our collection of this information allows us to operate CosPoints, including providing you with perks and other offerings. This may be interpreted as a “financial incentive” program under CCPA. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of CosPoints.

You may withdraw from participating in CosPoints at any time by contacting us following the instructions included in “How do I contact you?” below. For more information about CosPoints, including the terms and conditions, please click https://www.cosmendy.com/pages/reward-faqs.

 

Updates to this Privacy Policy

We may update this Privacy Policy from time to time. Any changes to this Privacy Policy will become effective when we notify you of the changes. Your use of the website or Services following any such updates will constitute your acceptance of such updates.  If we make a material change that will apply to information that we have already collected, we will seek your affirmative consent to such a change.

 

How do I contact you?

For questions about our privacy policy, to make choices about receiving promotional communications, to register a complaint or to update your personal information you can contact us by email, at usa@cosmendy.com, or by dropping us a note in the mail at Cosmendy, Inc ATTN: 12000 Barryknoll Ln, apt 836, Houston, TX 77024