Effective Date: Dec 1, 2020

Welcome to the www.gifts.opi.com website (the "Site"). The Site is owned and operated by ImpressMe Inc. under license by OPI Products Inc. ("OPI"). Your privacy is important to OPI and we are committed to protecting your personal information. For the purposes of this Privacy Notice (“Notice”), personal information means any information that could be used to directly or indirectly identify a particular individual or household, as defined under applicable data privacy law. This Notice relates to our use of personal information when you:

• use the Site and provide us with your personal information through gifts.opi.com;
• interact with us through social media, adverts or content on third party websites;
• interact with us in person by attending an OPI event; and/or
• otherwise engage with us, for example by contacting our customer services department.

It is important for you to understand what personal information we collect about you and what we do with that personal information. We have a strict policy where we do not rent or sell your personal information.

This Notice explains who we are; what information we collect about you; how we use it (including who we share that information with) and your rights and choices regarding your personal information.

This Notice was last updated Dec 1, 2020. If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided in the section “How do I contact OPI?” of this Notice.

 

1. Who is OPI?

OPI is a world leader in the professional nail care industry. OPI is part of the Wella Operations US LLC, which is a world leading beauty company making cosmetic, skincare and fragrances. For more information about Wella, visit their website https://www.wellacompany.com/about-us.  

 

2. What categories of personal information does OPI collect about me?

The personal information that we collect (including personal information we collected within the last twelve (12) months) broadly falls into the following categories. The circumstances in which we collect these categories of personal information are described in more detail below in the section “How does OPI collect personal information?” of this Notice.

• Contact Information:  We collect first name, last name, postal address, email address, phone number and fax number.  
• Transactional information: We collect purchase history information and payment data including the payment method when users purchase products on our Site but do not receive, store, nor have access to your credit card information.
• User Content (including photos): We collect testimonials, stories, photos, feedback, and other materials that you choose to submit to us.  We also may retain your communications if you choose to communicate with us through the Site or by other means.
• Demographic information: We collect zip code, age and/or income level, as well as information about your knowledge of and satisfaction with OPI and OPI’s products.
• Online identifiers: We collect your IP address, device identifiers, and information about your browsing patterns, and we set cookies and use automated data collection technology, which is described in further detail in the section below “How does OPI collect personal information?”.
• Site usage data: We collect information about how you use our Site, products and services and interact with advertisements, including the pages you visit in our Site, search terms you use, and the referring web page from which you arrived at our Site.

 

3. Does OPI collect any personal information from Children?

The Site is not intended for use by children. OPI will not knowingly collect any personal information submitted by visitors to the Site who are under the age of 13 without permission from a parent or guardian. If a user, parent or legal guardian believes we have collected personal information of a minor (under the age of 13), you can email or write to us using the address information in the section below “How do I contact OPI?”. Please mark your inquiries “Request regarding Child’s Information.”

 

4. How does OPI collect personal information about me?

We will collect personal information about you in the following ways:

• We collect information directly from you. OPI may collect contact information, demographic information, user content and commercial information directly from you. This information may be collected when you choose to participate in contests or promotions, complete a survey, join our mailing list, purchase a product, register for an account on the Site, choose to submit testimonials, stories and/or photos to the Site, interact with us in person by attending an OPI event or through social media, or otherwise communicate with the Site.  OPI may also collect demographic information that you provide it via surveys, contests or otherwise.

 

• We collect information using cookies and similar technologies. When you access the Site, view or interact with content or otherwise communicate with us digitally, OPI may collect online identifiers and Site usage data information using tools like browser cookies and pixels. Cookies are small data files placed on your device and are used to collect and use personal information about you, including to serve interest-based advertising. In order to opt out of interest-based advertising, please visit optout.networkadvertising.org and the DAA WebChoices Tool (for websites) or the DAA AppChoices Tool (for mobile apps). Please also note that we do not respond to or honor “do not track” (a/k/a/ dnt) signals or similar mechanisms transmitted by web browsers.

 

Please note when you: (i) sign-in to our Site using a social site or other websites; (iii) access social sites using our Site; and/or (iii) submit content to social sites or other websites using our Site, that social site or other website may use cookies and similar technologies to collect data about user behaviour for their own purposes. This use of cookies is in line with that third party’s own cookie policy, over which we have no control.

 

• We collect information from third parties: From time to time, we may receive personal information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of information we collect from third parties includes:
  
  
  • Our social media partners, for example if you ‘log-in’ to our Site using a social site, use the social plug-ins, such as “like” or “share”, that Social Site may pass information to us, including: the user ID for that third party site, the name, email address and location associated with the user ID and any other information permitted under the privacy policy for that website.
  • Our retailers, distributors and third party brand partners, for example, where permitted by applicable data protection law and if applicable where you have specifically consented, our retailers, distributors and third party brand partners may pass information to us including your first name, last name, email address, postal address, phone number, gender, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information about your nail-care routine and information in relation to products purchased at their stores (whether on the high-street or online through their own website or a dedicated microsite) and services requested using their websites and/or applications.
  • Our technology partners and market research organizations, for example where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browsing patterns, geo-location and device identifiers.

 

5. How does OPI use my personal information?

We will use your personal information for the purposes set out in this Notice, which will include:

• Providing our services and products and communicating with you: OPI uses contact, demographic and Site usage information to create and manage accounts, send updates, respond to your requests, provide online technical support and troubleshooting, notify winners and award prizes, and for customer service.

 

• Customization of content and marketing: OPI uses demographic and Site usage information to customize the Site’s content, adverts and other content for you. Unless you tell us not to, OPI may use your contact, demographic and site usage information for OPI-related marketing and advertising purposes, to contact you with information about our products and offerings that OPI thinks you may be interested in. You can control receipt of these messages as explained in the section “Your Choices / Do Not Sell My Personal Information”.

 

• Displaying user content: We use user content such as testimonials and photos to create content for our Site.

 

• Improving our services and general business purposes. OPI uses contact, demographic and site usage information to better understand OPI’s customer’s needs and preferences, to improve OPI’s products and services, to improve the Site and tailor its content, and for general internal business purposes such as audits and accounting.

 

• Protecting ourselves and our users: OPI uses online identifiers, contact, demographic and site usage information to protect our company and our users.  We use this same information to identify fraud and secure our systems.

 

6.  Does OPI share my personal information with anyone?

During the past 12 months, we may have disclosed the categories of personal information listed in the section marked “What categories of personal information does OPI collect about me?” to the following categories of recipients:

• Product distributors: When registered professional users select and submit items to purchase on the Site, OPI forwards the list of items in their Shopping Bag and their contact information to their designated distributor. The distributor will collect payment, ship the order and bill them directly for it.  OPI is not involved in the processing of these transactions.

 

• Contest partners: From time to time, OPI may offer contests and promotions with joint partners. If you choose to enter such a contest or promotion and provide your contact, demographic or other information, you are choosing to share your contact and demographic information with OPI and with our partners as provided in the official rules for each such contest and promotion provided at the time you enter the content and/or promotion.

 

• Within our corporate group: We may disclose any of the categories of personal information to members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) in order to allow us to provide our services to you, to send you emails and personalized content about our brands, for the purposes described in this Notice, or as notified to you when we collect your personal information.

 

• Business and advertising partners:  From time to time OPI may offer you the opportunity to consent to receive marketing communications from certain select third parties whose products or services we think might be of interest to you.  If you have given your consent, your personal information may be used by such third party for the purposes stated when you provided your personal information. We also share online identifiers and site usage information with third parties who provide analytics services and advertising to the Site. 

 

• Contractors and service providers:  OPI may use third party contractors and service providers to help it operate its business and the Site or administer activities on its behalf, and may share any of the categories of personal information with these contractors for those limited purposes.  Examples include companies we retain to manage or host the Site, companies we retain to fulfil product purchases or to provide services to you on our behalf, and companies we retain as consultants to conduct research on our behalf.  These third parties may not use your personally identifiable information other than to provide the services requested by us.

 

• A successor to all or part of our business: If OPI is sold to or merges with another company, or declares bankruptcy, some or all of the categories of information collected from you may be transferred to a third party as a result of the transfer of assets.

 

• To comply with the law or to protect ourselves or our users:  We share any of the categories of information we collect about you to respond to a court order or subpoena or in response to a government agency or investigatory body requests. OPI may also disclose any of the categories of information it collects when it determines it is necessary to comply with applicable laws or protect its interests or safety or the interests or safety of other visitors to the Site.

 

• We share information as permitted by law and for other reasons we may describe to you.

 

7. Reproduction of Content

For visitors who provide content, including photographs, stories, comments, testimonials or other feedback about our products or our Site, or any other information provided via correspondence or otherwise (“Content”), we collect your first and last name, email address and any content included in the correspondence. By submitting the Content, you agree that we may use your personal information and such Content as permitted under this Privacy Notice, including reproducing, modifying, adapting, publishing, displaying, translating and creating derivative works from, the Content, in whole or in part, on the Website and in our marketing and advertising materials, without any compensation to you.  Further, we are free to use any ideas, concepts, know-how, techniques and suggestions contained in the Content for any purpose whatsoever, including but not limited to creating, manufacturing and marketing products and/or services using such information, all without compensation to you.

 

8. What are my data protection rights?

Depending on where you live and subject to applicable data protection law, you may also have the following rights:

• The right to request access to personal information that we collect, use, disclose and sell, which enables you to receive confirmation as to whether or not we are processing your personal information and access to such personal information. Please note if you are a Californian resident, under California law, you have the right to request that we disclose certain information about our collection, use and sale of your personal information over the past 12 months, including the specific pieces of information we collected.  You have the right to make a request for free two times in any 12-month period.
• The right to change and/or correct inaccurate personal information. If you are a registered user, you can review, change or correct your personal information at any time by logging in to your MyOPI account. You may request that we delete your account by contacting us using the contact details provided in the section below “How do I contact OPI?”   
• The right to block or suppress the processing of your personal information.
• The right to object to our processing of your personal information (including any processing for direct marketing purposes).
• The right to request that we delete your personal information in certain circumstances.
• If you are a Californian resident, the right to opt-out of the sale of your personal information.
• The right to request portability of your personal information.
• The right to withdraw your consent, if applicable. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• Under the California Civil Code Section 1798.83, if you are a resident of California, you may request and obtain from us once a year, free of charge, information regarding our disclosure (if any) of your personal information to third parties for marketing purposes in the preceding calendar year.  To do so, please use the contact information listed in the section below “How do I contact OPI?”.
• If you exercise any of your data protection rights detailed in this section, we will not discriminate against you and we will not deny you goods or services, charge you a different price or provide you with a lesser quality of goods or services.
• If you are located in the European Economic Area, you have a right to lodge a complaint with your local data protection authority.

We have a strict policy where we do not rent or sell your personal information. We can confirm that we have not sold any California residents’ personal information to third parties in the preceding 12 months.

You can exercise these rights by contacting us using any of the methods provided in the section below “How do I contact OPI?”. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.  In order to verify your identity and so that we can locate your personal information in our systems, we require you to provide us with a copy of either your passport or driver’s license when you make a request.  In some circumstances, we may require additional documentation to verify your identity such as a utility bill to confirm proof of address and/or a customer reference number relating to your purchase and/or product you used.

You can exercise these rights yourself or designate an agent (such as a solicitor) to make a request on your behalf by executing a notarized power of attorney to enable that person to act on your behalf.

If you have any questions or concerns about how we use your personal information, please do not hesitate to let us know.

 

9. How do I stop receiving marketing communications?

We will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. If at any time you decide that you no longer wish to receive marketing communications from us, you may opt-out by clicking on the relevant “unsubscribe” link at the bottom of any email opt-in communication you receive from us and follow the instructions provided therein. You can also change your preferences at any time by logging in to your MyOPI account or by contacting us using the contact details in the section below “How do I contact OPI?”.

Please note, whilst we will honor your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through the gifts.opi.com site and keep your information for record keeping purposes.

 

10. What if I access another website through the OPI site?

The Site may contain links to and from other third-party websites services (collectively, “Third Party Sites”) that are not controlled and operated by us. 

Please be aware, we have no control over the content, policies or actions of these Third Party Sites. Your use of these Third Party Sites is at your own risk and OPI is not responsible for the privacy practices or the content of such websites. This Notice applies only to the personal information we collect on gifts.opi.com. We encourage you to read the privacy policies of each Third Party Site you link to from gifts.opi.com or otherwise visit.

 

11. What if I access or use a social network or public forum through the OPI site?

The Site may facilitate easy access to certain social networking Third Party Sites and other websites or services with user-generated content features, such as Facebook, Instagram and Twitter (“Social Sites"). You understand that we do not control such services and are not liable for the manner in which they operate. Please review the Social Sites’ privacy policies if you would like more information about how they collect, use and share your personal information, your privacy rights and how to change your privacy settings.

The Site may enable you to:

• Access Social Sites: this may include: access to websites such as a YouTube video; or activation of third party websites when you make a ‘comment’, ‘share’ or ‘like’ something on the Site using a third party social network plug-in. In each instance, such third party’s privacy policy will apply to your interaction with that website or service;
• Submit content to Social Sites: for reviews, discussion forums, message boards, photographs and other public features (“Public Forums"). We do not restrict the distribution of personal information that you voluntarily disclose in these Public Forums, so please be aware that any information you disclose there may be collected and used by OPI and others. For this reason, we encourage you to refrain from providing or sharing personal information about yourself in the Public Forums. OPI cannot prevent third parties from using such information in a way that may violate this Notice or applicable law;
• Accept certain cookies from the Site (for example “Facebook Pixels”). These types of cookies help us understand your activity including the OPI content you see, whether or not you have a Social Site account and if you are logged into that account. This information helps us to show you OPI content you might be interested in on the Social Sites and measure the effectiveness of the OPI content.
• Sign-in to the Site using a Social Site: for example, for a harmonized user experience. Signing-in using a Social Site or other third-party account may allow us to access information that you have given the Social Site permission to share. The sign-in feature may also transfer information to the Social Site or third party, such as your username or social media handle, to authenticate you. The Social Site or third party may also automatically collect information such as your IP address, information about your browser and device, and the web page address of the Site. The sign-in feature may also place and read cookies from that third party that may contain a unique identifier the Social Site or other third party assigns to you. The functionality of and your use of the sign-in is governed by the privacy policy and terms of the Social Site.

We may also use any personal information you provide us with on our Site, apps and/or devices (e.g. your name, email address, gender and phone number) to identify you on Social Sites in order to show you ads that are more relevant for you. While doing this, the Social Sites will not share your personal information with other parties and will delete the information promptly after the matching process is complete.

Our use of your personal information in relation to the Social Sites will be as set out in this Notice or as otherwise notified to you. Again, please note that Third Party Sites (including the Social Sites) may be under the control of a third party and we encourage you to familiarize yourself with the privacy policies and terms of use of each Third Party Site.

 

12. Is my personal information secure?

Protecting your information is important to OPI. OPI uses industry standard technology to protect the security of your information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while OPI is committed to protecting your information, OPI cannot ensure or warrant the security of any information you transmit to it.

You are solely responsible for safeguarding and maintaining the secrecy of your log-in, password and/or any account information in your possession or control. Please be careful and responsible whenever you are online.

 

13. Changes to this Notice

We may update or modify this Notice from time to time in response to changing legal, technical or business developments. We will obtain your consent to any material Notice changes if and where this is required by applicable data protection laws. The date of the most recent version of this Notice will appear at the top of the page.

When we update our Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. For example, we will notify you of any changes to this Notice by posting a new Notice and updating the “last modified" date at the top of this page or by sending the new Notice to you via email, where appropriate.

14. How do I contact OPI?

We have taken great measures to ensure that your visit to gifts.opi.com is an excellent one and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices and/or would like to submit a privacy request, please contact us either:

• Via phone at 1-800-341-9999;
• Via email at LegalOPI@opi.com;
• Via the contact us section on the OPI site - www.opi.com/contact-us; and/or
• Via post to OPI Products Inc. ATTN. Legal Department, 4500 Park Granada, Calabasas, California 91302.