Terms

Terms of Use

Thank you for visiting this web page. This web page (the “Site”) is provided to you by Hausmart, Inc. (“Hausmart,” “we,” “us” or “our”), as well as our website at hausmart.com and all related websites, networks, downloadable software, and other services provided by us (collectively, together with the Site, our “Service”) where these Terms are posted. These Terms of Use (these “Terms of Use” or “Terms”) and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Service.

These Terms constitute a legal agreement between you and Hausmart. In order to use the Service, you must agree to these Terms. BY ACCESSING, VISITING, OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE. All users of Hausmart are responsible for complying with all laws and regulations applicable where the Service is rendered.

Hausmart is not a retail store or merchandise delivery service. Hausmart provides the Service to enable consumers to shop merchandise curated by content creators with whom Hausmart and brands (referred to herein as “Retailers”) have a direct relationship. You can view product, product prices, and other product information on the Site. HOWEVER, YOU UNDERSTAND THAT UPON SELECTING “CHECKOUT” OR A SIMILAR OPTION, YOU WILL BE DIRECTED TO THE RETAILER’S E-COMMERCE SITE. YOU ACKNOWLEDGE YOU ARE PURCHASING ALL MERCHANDISE DIRECTLY FROM THE RETAILER AND NOT FROM HAUSMART, AND YOU WILL CONTACT THE RETAILER FOR ANY AND ALL QUESTIONS, RETURNS, OR OTHER ISSUES IN CONNECTION WITH THE MERCHANDISE OR YOUR ORDER.

Disputes arising under these Terms will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND HAUSMART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Please review Section 14 (“Dispute Resolution and Arbitration”) below for the details regarding your agreement to arbitrate any disputes with Hausmart.

1. User Conduct

As a condition of using the Service, you agree not to:

Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
Alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization, unless expressly permitted;
Bypass any security or other features of the Service designed to control the manner in which the Service is used, or otherwise access or use the Service in a manner inconsistent with individual human use;
Perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
Decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so;
Use, display, mirror, frame, or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Hausmart makes available the means for embedding any part of the Service;
Access, tamper with, or use non-public areas of the Service, Hausmart’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Hausmart’s providers;
Use any robot, spam bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data;
Use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Hausmart is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Service;
Introduce viruses, time-bombs, worms, cancelbots, trojan horses, and/or other harmful code into the Service; or
Do any of the acts described in this Section 1, or to assist or permit any person in engaging in any of the acts described in this Section 1.

2. Intellectual Property Ownership

The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of Hausmart and its licensors, or in the case of intellectual property rights in merchandise offered for sale on the Site, the applicable Retailer. The Service, including any content that forms part of the Service, contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including copyright. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Hausmart in these Terms are expressly reserved.

3. License Grant

The Service is licensed, not sold, to you for use only under the terms of this license as described in these Terms. Hausmart reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Hausmart hereby grants you a personal, limited, revocable, non-transferable license to use the Service on compatible devices that you own or control, solely for your non-commercial use. You may not modify, alter, reproduce, distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. If you breach these license restrictions or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Hausmart that replace and/or supplement the original Service unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

4. Third-Party Retailers

You may purchase goods and services advertised through the Service directly from the applicable Retailer. Upon “checkout” or similar action, you will be directed to the Retailer’s e-commerce website where you will complete your transaction directly with the Retailer, subject to the Retailer’s applicable terms and policies. Any such activity and any disputes, terms, conditions, warranties, or representations associated with that activity are solely between you and the applicable Retailer. Hausmart shall have no liability, obligation, or responsibility for any purchase or transaction between you and any Retailer. In no event shall Hausmart be responsible for any content, products, services or other materials on or available from third-party sites or Retailers. Certain Retailers may require your agreement to additional or different terms and conditions prior to your use of or access to their goods or services, and Hausmart disclaims any and all responsibility or liability arising from such agreements between you and a Retailer.

5. Third-Party Advertising

The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.

5. Third-Party Advertising

The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.

6. Links to Third Party Sites

The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

7. Third-Party Fees

Your use of the Service may incur third-party fees, such as fees charged by your mobile carrier for data usage, and may be subject to third-party terms, such as your mobile carrier’s terms of service, and you agree to pay all such fees and abide by all such terms.

8. Consent to Use of Data

Please see Hausmart’s Privacy Policy for more information regarding information Hausmart collects, and how it uses and shares that information.

9. Feedback

You may choose to, or Hausmart may invite you to, submit comments, bug reports, ideas or other feedback about the Service (“Feedback”). By submitting Feedback, you agree that Hausmart is free to use such Feedback at its discretion without any obligation to you. Hausmart may also choose to disclose Feedback to third parties. You hereby grant Hausmart a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

10. Communications

You agree that we may send you emails concerning our products and services in response to inquiries from you. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. Hausmart may use third-party email services to provide better service and customer experiences. By using our Services, you agree that Hausmart may register your name and email address with such third-party email service providers. Neither Hausmart nor third-party email service providers will ever sell your email address or other information.

11. Indemnity

You are responsible for your use of the Service, and you agree to defend (at Hausmart’s option) and indemnify Hausmart and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries, and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
Any dispute or issue between you and any third party, including any Retailer.

Hausmart reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Hausmart may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Hausmart’s prior written consent.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS ARE HEREBY DISCLAIMED BY HAUSMART TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HAUSMART MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE. HAUSMART DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HAUSMART’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HAUSMART IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. HAUSMART DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.

HAUSMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A RETAILER OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND HAUSMART WILL NOT BE A PARTY ANY TRANSACTION BETWEEN YOU AND RETAILERS OF PRODUCTS OR SERVICES.

13. Limitation of Liability

IN NO EVENT SHALL HAUSMART’S AGGREGATE LIABILITY EXCEED $100. IN NO EVENT SHALL HAUSMART AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE) EVEN IF HAUSMART AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SERVICE CONNECTS YOU TO RETAILERS FOR THE PURPOSES OF MAKING AN ONLINE TRANSACTION. HAUSMART WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY RETAILERS, AND YOU EXPRESSLY WAIVE AND RELEASE HAUSMART FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE RETAILERS. HAUSMART WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY RETAILERS ON THE SERVICE, AND YOU EXPRESSLY WAIVE AND RELEASE HAUSMART FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE ITEMS EACH RETAILER OFFERS FOR SALE OR SELLS TO YOU. HAUSMART WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES/PRODUCTS OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE HAUSMART FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

14. Dispute Resolution and Arbitration

Except where and to the extent prohibited by law, by using the Service, you and Hausmart agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Both you and Hausmart agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Hausmart’s address for Notice is:

Hausmart 3501 Wazee St. Denver, CO 80216

and hausmart@hausmart.com

The Notice must:

Describe the nature and basis of the claim or dispute; and
Set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Hausmart may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Hausmart must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. If our dispute is finally resolved through arbitration in your favor, Hausmart will pay you the highest of the following:

The amount awarded by the arbitrator, if any;
The last written settlement amount offered by Hausmart in settlement of the dispute prior to the arbitrator’s award; or
$1,000

Any dispute or issue between you and any third party, including any Retailer.

Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided herein. Any payment of attorneys’ fees will be governed by the AAA rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, according to the following:

Solely on the basis of documents submitted to the arbitrator;
Through a non-appearance based telephone hearing; or
By an in-person hearing as established by the AAA Rules in the county of your billing address.

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Hausmart for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

If Hausmart makes any future change to this arbitration provision (other than a change to Hausmart’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Hausmart’s address for Notice, in which case your account with Hausmart will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

15. Foreign Access

The Service is controlled and operated by Hausmart from its offices in the State of Colorado. Hausmart makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.

16. Force Majeure

To the fullest extent permitted under applicable law, Hausmart will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) telecommunications, network, computer, server, or Internet disruption or downtime; (f) unauthorized access to Hausmart’s information technology systems by third parties; or (g) other causes beyond the reasonable control of Hausmart.

17. Export

You may not use the Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

18. No Partnership

Neither these Terms, nor any terms or conditions contained herein, shall be construed as creating a partnership, joint venture, employment, or agency relationship, or as granting a franchise.

19. Governing Law

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You agree that all actions or proceedings arising in connection with these Terms shall be tried and litigated exclusively in the state and federal courts in New York County. You further agree that any final judgment rendered against you in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

20. Notice

In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us: hausmart@hausmart.com

21. Maintenance

You understand that from time to time the Service may be inaccessible or inoperable for any number of reasons, including, without limitation, routine maintenance, equipment or software malfunctions, and causes beyond the control of Hausmart.

22. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.

23. Term and Termination of Agreement

These Terms are effective until terminated by you or Hausmart as described below. Your rights under these Terms will terminate automatically without notice from Hausmart if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate these Terms at any time by closing your account, uninstalling the mobile application, and ceasing use of the Service.

24. Modification of these Terms

We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through a pop-up window on the Service, or other similar mechanisms.

Material changes to these Terms will be effective as of the effective date indicated in the Terms. Any use of the Service after such an effective date means that you have accepted the updated Terms.

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

25. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.

26. Waiver

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

27. Survival

Any provision of these Terms, which, expressly or by implication, is intended to come into or continue in force on or after termination or expiry of these Terms, shall remain in full force and effect.

28. Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

29. Entire Agreement

These Terms, including all amendments and policies that are incorporated by reference (i.e., Hausmart’s Privacy Policy), constitute the entire agreement between you and Hausmart and govern your access to and use of the Service hereunder, superseding any prior agreements that you may have with Hausmart.

30. Contact Us

Feel free to contact us at any time with any questions or comments about these Terms of Use by contacting us at: hausmart@hausmart.com

Privacy policy

The Estée Lauder Companies Inc. (“Estée Lauder”, “we”, “our”, “us”) respects your privacy and values the relationship we have with you.

This Privacy Policy describes the types of personal information we collect, how we use this information, with whom we share it, and your rights regarding our use of your information. We also describe the measures we take to protect the security of the information, how long we retain it and how you can contact us to exercise your rights.

For the purposes of applicable data protection laws, the data controllers responsible for the processing of your personal information in connection with the MAC Now website or application (collectively, “Site”) is The Estée Lauder Companies Inc., with its seat at 767 Fifth Avenue, New York, NY 10153, USA, and the legal entities indicated in the List of Data Controllers below.

What information we collect and process

The Site may collect and process the following types of personal information about you:

first and last name;
unique identifiers (such as your Awin Publisher ID),
contact information, such as your email address, telephone and mobile numbers;
social media handle and/or usernames,
shipping and billing information,
sales history,
page statistics (such as number of visits at shop level and look level, number of products added to cart, etc.)
other information you provide, such as your photos and videos, and
information about your browser and the device you use to access the Site.

How we collect your information

We may obtain the above information directly from you. We may also collect information automatically through cookies and similar technologies when you use the Site.

How we use your information

We may use the information we have about you:

To provide the Site to you.
To manage your account on the Site.
To evaluate and track the number of sales and grant you the corresponding commissions.
To train you.
To communicate with you, including to send you push notifications and email alerts.
To administer the Site and your participation in MAC Now.
For analytics purposes, such as to understand how you use the Site, track the number of visits of your page and looks, determine what browser and devices you use to visit the Site; and to evaluate and improve the Site.
For legal and security purposes, such as to detect, prevent, and prosecute harmful, fraudulent, or illegal activity, loss prevention, identify and repair bugs on the Site or mobile applications, and to comply with applicable legal requirements, relevant industry standards and our policies.
Other short-term, transient use.

We also may use the information in other ways for which we provide specific notice at the time of collection.

Legal Basis for Processing

Where required by law, we will use the personal information you provide for the above purposes if:

we have obtained your consent; or
it is necessary to perform a contract to which you are party (e.g., to process your payments); or
we have a legitimate interest in doing so (including a legitimate interest in performing marketing activities, research activities, data analytics, and internal administration functions, processing and enforcing legal claims, and conducting our business in compliance with all applicable laws, relevant industry standards and our policies).

Information we may share

We may share your personal information with:

Estée Lauder affiliates. Your personal information may be disclosed or transferred to The Estée Lauder Companies Inc. and its subsidiaries and affiliates worldwide.
Service providers. We may transfer personal information to service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose personal information except as necessary to perform services on our behalf or comply with legal requirements. The primary service provider for this Site is as follows: Hausmart Inc. (United States) for website and application functionality, hosting, and analytics services.
Parties to a corporate transaction. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of such information.
Other third parties. In addition, we may disclose personal information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity, (iv) when disclosure of your personal information is otherwise required or permitted by law, or (v) with your consent.

Push Notifications and In-App Alerts and Update

We may send you push notifications on your device which may include communications, work-related news, and information. You may opt-out of receiving push notifications by adjusting your settings on the mobile application.

Email Notifications and Alerts

We may send you email communications to the email address you provided in HR Connect. Such communications may include training-related notifications (i.e. training assignments, training due dates, training approvals, community email digest, etc).

Cookies & Analytics

Cookies are small text files that websites send to your computer or other Internet-connected devices to uniquely identify your browser or to store information or settings in your browser. We use Google Analytics cookies on our Site, including performance cookies and functional cookies to help us evaluate and analyze how visitors use the Site. You may be able to change the settings to have your browser refuse certain cookies or notify you before accepting cookies. Please note, that if you choose to opt-out of certain cookies, some features of the Site may no longer work properly. The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for some commonly used browsers.

Internet Explorer
Mozilla Firefox
Google Chrome
Safari

To find out more about cookies, visit www.allaboutcookies.org.

International Transfers

We may transfer the personal information we collect about you to our affiliates and thirdparty service providers in countries other than the country in which the information was originally collected (including the United States), where necessary to fulfill the purposes described in this Privacy Policy and your personal information may be processed and stored outside of your country of residence. Those countries may not provide the same level of data protection as your country of residence. When we transfer your personal information to other countries, we will protect that information in the manner described in this Privacy Policy. We have also implemented appropriate safeguards to ensure such a level of data protection when transferring your personal information, including the conclusion of data transfer agreements incorporating the European Commission’s Standard Contractual Clauses, or other applicable data transfer mechanisms. You may obtain a copy of these data transfer mechanisms by contacting us as indicated below.

Data Retention

We will keep your personal information for the duration of your employment relationship, plus a reasonable period of time thereafter or such other time as may be required or permitted by applicable law.

Data Security

We maintain appropriate technical and organizational safeguards to ensure an appropriate level of security of your personal information, in particular, to protect your personal information against accidental, unlawful or unauthorized destruction, loss, alteration, disclosure or access or use, and all other unlawful forms of processing.

Your Rights

Subject to applicable law, you have the right to request access to and rectification or erasure of the personal information we maintain about you, or to request the restriction of the processing of your personal information or to object to that processing on grounds relating to your particular situation. You also have the right to receive, in a structured, commonly used and machine-readable format, the personal information that you have provided to us based on your employment contract, as well as the right to have this information transmitted to another data controller, where it is technically feasible. Please note, that these rights may be limited in some circumstances under applicable law. If you are in the EU, you may lodge a complaint with a supervisory authority.

How to contact us

If you have any questions or would like to exercise your rights in relation to the processing of your personal information on the Site, please contact: privacy@estee.com.

Updates To Our Privacy Policy

This Privacy Policy may be updated periodically to reflect changes in our privacy practices. We will post a notice on the Site to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.

Local Data Controllers

USA	The Estée Lauder Companies, Inc. 757 5th Avenue New York, NY 10153