Privacy Policy

Welcome to Face Five Acne!

We know your privacy is important to you, and we value the trust you put in us for your skincare treatment. To provide the best care possible, we ask for personal data, including information about you and your health. Please review this Privacy Policy (the “Policy”) to understand how we collect, use, and share your personal data, as well as your choices and rights with respect to this information.

This Policy applies to the information collected on our website (facefiveacne.com) and our online store located at facefiveskincare.com, and any other website where this Policy is posted (collectively, the “Corporate Sites”).

Who We Are

Our Service is owned and operated by Face 5 LLC, a Colorado limited liability company located at 6290 Lehman Drive, Suite 201, Colorado Springs, CO 80918. See below for instructions on how to contact us.

Third Parties

This Policy does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party services, unless and until we receive your information from those parties. Please review any third parties’ privacy policies before disclosing information to them.

Personal Data We Collect at Face Five

We may collect and process information that relates to identified or identifiable individuals (“Personal Data”). Generally, we collect and process the following categories of Personal Data:

• Identity Data: Personal data which may include your first name, maiden name, last name, username, marital status, title, date of birth and gender.
• Transaction Data: Personal Data we collect in connection with a transaction or purchase, such as the item you purchased, the price, the delivery location, zip code, and other similar information.
• Payment Data: Personal Data relating to Payment accounts or services, e.g., a credit card or other Payment account number, and other relevant information you provide in connection with a Payment transaction.
• Contact Data: Personal Data used to contact an individual, e.g.,name,  email address(es), physical address(es), phone number(s), or usernames/handles.
• Device/Network Data: Personal Data relating to your device, browser, or application, e.g., IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session navigation history and similar browsing metadata.
• Health Data: Personal Data relating to your health and wellness, including diet/digestion, lifestyle, known health conditions and certain medical history, allergies, and medications.
• Biometric Data: Personal data relating to the physical, physiological, or behavioral characteristics of an individual, such as facial scans and information about visual characteristics or anomalies.
• User Content: Information that a user provides, or that we collect from a user in a message, free text field, video/chat recording/log, or other unstructured or free-form format.

How We Collect Your Data

Personal Data We Process Comes from Various Sources, Including:

• Data We Collect from You: We collect Personal Data (such as, Identity Data User Content, Contact Data, or Health Data) from you directly, for example, when you input information into an online form, or contact us directly with questions. 
• Data We Create or Infer: We create and infer Personal Data (such as Preference Data, Health Data, or Biometric Data) based on our observations or analysis of other Personal Data we process.
• Data We Receive from Others: We receive Personal Data (such as Identity Data, Contact Data or Transaction Data) from third parties with whom we have a relationship in connection with the services they provide.
• Data Collected Automatically: We may collect certain Personal Data (such as Device/Network Data) automatically using cookies and similar technologies when you browse our Site and when you open our marketing communications.

How We Process Personal Data

Appointments and Purchases

• Data: We process Transaction Data, Preferences Data, Payment Data and certain Contact Data when you book an appointment, or make a purchase on our Corporate Sites, or for products/services we provide. Note, appointment bookings and purchases may be processed by us, or by a third party on our behalf.
• Uses: We use the Transaction Data, Identity Data, and Contact Data as necessary to complete and provide you with important information regarding your booking or transaction. Payment Data is used as necessary to process your transaction, or to store your Payment information for future purchases you may choose to make.

Consultation and Service Recommendations

• Data: We process Health and Biometric data if you choose to fill out a form on any of our Corporate Sites or an intake form prior to an appointment. 

• Uses: When you choose to provide us this information, we use this data to either recommend service and products, and provide our services in an effective manner.

Marketing Communications

• Data: We may process Identity Data, Device/Network Data, and Contact Data in connection with email marketing communications if you fill out a form or choose to enroll to receive marketing communications, or when you open or interact with our marketing communications.
• Uses: We use Contact Data as necessary to provide marketing communications you request, and consistent with our legitimate business interests, we may send you certain marketing and promotional communications if you sign up for those communications or register for our Service. You can opt out of these communications at any time by informing us at [email protected] 

Reviews, Comments & Testimonials

• Data: We may process Identity Data, Contact Data, and User Content when you post a comment or review on our site, an affiliated page on another review platform(Google, Yelp, ect.), or when you agree to provide written or video testimonials.
• Uses: We use this data as necessary to post the review on our Corporate Site or as you request when you provide this information. Please note, your Identity Data and User Content may be posted publicly on our Corporate Site, so please do not provide any personal data or other User Content that you do not wish to be made public.

Cookies and Similar Tracking Technologies

• Data: We, and certain third parties, may process Identity Data, Contact Data, Preferences Data, and Device/Network Data when you interact with cookies and similar technologies on our Service.
• Uses: Subject to Your Rights & Choices, we use this information for essential purposes, analytics purposes, and retargeting or similar advertising purposes on our Service.

Sensitive Data

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences. Where we are required to collect personal data by law, or under the terms of the contract between us and you, if you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver the Services to you). If you don’t provide us with the requested data, we may have to cancel your order of the Services. If we do, we will notify you at that time.

Information About Specific Processing Operations

• Internal Processes Subject to Your Rights & Choices, we may process any Identity Data, Contact Data, Transaction Data, Payment Data, Device/Network Data, and User Content to analyze how users interact with our Services, for market research, product and Service improvements, and to monitor and maintain the integrity and security of our Service and the data we process.
• Aggregate Data We will collect and aggregate your personal data and information about your use of the Services to identify certain trends in how our Services are used, healthcare trends, treatment outcomes, etc.
• Diagnostic Improvement We aggregate and analyze information we collect to understand patterns in conditions and treatment outcomes, and to improve our diagnostics and treatment proposals.
• Automated Processing We may use software, machine learning, AI, and other automation tools as part of our diagnostic and treatment systems.
• Behavioral Advertising We, and certain third parties, may engage in online behavioral advertising to deliver more relevant advertising to you.
• Research and Public Health We may process and disclose your Personal Data for uses related to medical research, public health, product recalls, and other medical product liability/safety matters.
• Additional Processing If we process Personal Data in connection with our Service in a way not described in this Policy, this Policy will still apply unless otherwise stated when you provide it.
• Business Purposes We may share your Personal Data with service providers or sub processors who provide certain services or process data on our behalf.
• Affiliates We may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
• Corporate Events Any Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets.
• Legal Disclosures In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data as required by law or in the vital interests of us or any person.
• Other Disclosures We may disclose Personal Data in accordance with your consent or on certain public interest grounds.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

 

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

By law we may have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a certain amount of time after they cease being customers for tax purposes.

 

Your Rights & Choices

Your Rights. Applicable law may grant you certain rights in your Personal Data. You may exercise these rights by contacting us at [email protected]

CALIFORNIA RIGHTS:Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. You may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.

If you are an individual residing in the EU, Switzerland or the UK, you have the following rights for personal information processed outside of our Services:

• The right to be informed about what we do with your information. This Policy provides you with this information.
• If we are processing your data on the basis of your consent then you have the right to withdraw that consent at any time. Consent can be withdrawn by and notifying us using the details set out at the start of this policy. Consent to marketing communications can be withdrawn by following the steps outlined in that communication, such as clicking the ‘unsubscribe’ link in the marketing emails we send.
• The right to access a copy of your information which we hold. This is called a ‘data subject access request’.
• The right to prevent us processing your information for direct marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. 
• The right to object to decisions being made about you by automated means. We will inform you if your information is subject to automated processing.
• The right to object to us processing your personal information in certain other situations.
• The right, in certain circumstances, to have your information rectified, blocked, erased or destroyed if it is inaccurate.
• The right, in certain circumstances, to claim compensation for damages caused by us breaching data protection law.
• The right, in certain circumstances, to request that we erase, rectify, cease processing and/or delete your information.

Your Choices. You have the following choices regarding the Personal Data we process:

• Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law.
• Direct Marketing: You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent.
• Cookies & Similar Tech: If you do not want information collected through the use of cookies, you can manage/deny cookies using your browser’s settings menu.
• Automated Processing: To the extent we process Health Data or Biometric Data by automated means, you may opt-out of, or revoke your consent, to this processing.

Contact Us

If you have any questions regarding this Privacy Policy or information that you have submitted to us please contact us at [email protected]. 

 

TERMS AND CONDITIONS

Face 5 LLC provides the content and services available across their Corporate Sites to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the Corporate Sites, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy.

1. Privacy
   Please review our privacy policy, which also governs your visit to the Corporate Sites, so that you may understand our privacy practices.
2. Purchase Related Policies
   The products and services available on the Corporate Sites, and any samples thereof we may provide to you, are for personal use only.  We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Due to availability, we have the right to change our containers as needed and without notice.

3. Accuracy of Information
   We attempt to be as accurate as possible when describing our products across our Corporate Sites; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, or other content available on the Corporate Sites are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
   All content available on the Corporate Sites, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Face 5 LLC., our affiliates, partners or licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Face5 LLC, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Corporate Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

6. Your Obligations and Responsibilities
   In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Face5 LLC, our affiliates, partners or licensors.
7. Third Party Links
   We are not responsible for the content of any off-Website pages or any other Web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. You’re linking to or from any off-Website pages or other Websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Websites that you visit.
8. Representations and Warranties; Limitation of Liability
   Our Corporate Sites are presented “as is.” We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; © data non-delivery, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-web site links on the site; (e) computer viruses, system failures, or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort or otherwise, even if we have been advised of the possibility of such damages.

9. Indemnification
   You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Disputes
    With respect to any dispute regarding the Site, these Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without resort to any conflict of law provisions. In the event of any controversy or claim arising. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Colorado, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
11. General
    You acknowledge and agree that these Terms and Conditions, which include our privacy policy, constitute the complete and exclusive agreement between us concerning your use of our Corporate Sites, and supersede and govern all prior proposals, agreements, or other communications.
    We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes across our Corporate Sites. Any changes are effective immediately upon posting to our Corporate Sites. Your continued use of our Corporate Sites constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of our Corporate Sites.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.