Terms and Conditions of Use
We welcome you to the Cover FX.com website (the “Website” or “Cover FX.com”). The Website is owed by AS Beauty LLC (collectively, “Cover FX”, “we” or “our”). The Website is designed to provide information about health, wellness and sustainability, sell products, and to create a community of like-minded people interested in the topics we discuss (the “Service). Cover FX provides the content and Services available on the Website to you subject to the following terms and conditions (“Terms and Conditions”). Please read the following terms and conditions very carefully. If you do not agree to these Terms and Conditions, please do not use our Website.
Please be advised that these terms and conditions contain provisions that govern how disputes between us are resolved, which includes an agreement to arbitrate disputes, class action waiver, and jury trial waiver where applicable. Please read all these provisions before using the website.
- Acceptance of Terms: The Terms and Conditions sets forth legally binding terms for your use of the Website (the “Agreement”). By using our Website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Websites) or you are a "Member" (which means that you have registered on our Website as a user). We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website. You agree to be bound by any modification to this Agreement when you use our Website after any such modification is posted; it is therefore important that you review this Agreement regularly. Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- General Registration Requirements: If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are at least 18 years of age or older and are capable of forming a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cover FX reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on our Website is void where prohibited.
- Minors: This website is not intended for anyone under the age of 13. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Website.
Member Account, Password and Security: If you register on our Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Cover FX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You further agree not to use anyone else's password on the Website. Cover FX will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in our best interest to do so.
You agree that we may communicate with you electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
- Reselling: Consumers are prohibited from purchasing products on CoverFX.com and reselling them on any online marketplace including but not limited to Amazon, eBay and Walmart.com
- Submissions to the Website: The Website may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features ("Interactive Area(s)"). You acknowledge that the Website and the Interactive Areas are public and do not provide for private communications; therefore, any information or content you post to the Website may be read by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information on the Website. We do not endorse or control the content, messages or information found in any Interactive Area and, therefore, Cover FX specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
- Responsibility for Content: You, and not Cover FX, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Cover FX does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Cover FX be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- Rejection/Removal of Content: You acknowledge that Cover FX may or may not pre-screen Content posted on our Website, but that Cover FX shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, in its sole discretion, for any reason. Without limiting the foregoing, Cover FX shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Cover FX, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Service by any person, please contact Cover FX.
- Preservation/Disclosure: You acknowledge, consent and agree that Cover FX may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Cover FX, its Members and the public.
- Security Components: You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Cover FX and/or content providers who provide content to Cover FX. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
- Non-commercial Use: The Service may not be used in connection with any commercial purposes, except as specifically approved by Cover FX. Unauthorized framing of or linking to our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
- License to Your Content: By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through our Website or the Service, you hereby grant to Cover FX a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us to request the removal of certain Content you have posted, but Cover FX has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content posted by you may remain on Cover FX's servers after the Content appears to have been removed from our Website, and Cover FX retains the rights to all such remaining copies. If you wish to keep any Content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Interactive Areas, Cover FX or the Site. You agree that in the event Cover FX receives any royalties, compensation or other payments associated with exercising the rights granted to it under the license granted in this provision, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that Cover FX may, in its sole discretion, use any Content for which it has a license in a manner that may link to, refer to or reference your name, such as use of your Content on the Website or an affiliated or partner website. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
Website Content: All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, pricing or other content available on the Website are accurate, complete, reliable, current or error-free. Our Website is provided free of charge and on that basis we have no obligation to provide any maintenance support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website. Cover FX reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Website, and to the products and packages described on the Website, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Website. You acknowledge that you may not rely on any content on the Website. Cover FX does not endorse or represent the reliability, accuracy or quality of any information, or non-Cover FX goods, services or products displayed or advertised on the Website. We make no representations or warranties, express or implied, with respect to the information provided on this Website.
- Cover FX and Third Party Intellectual Property: Our Website contains Content of Cover FX ("Cover FX Content"), and Content of third party licensors to Cover FX (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Cover FX owns and retains all rights, title and interest in the Cover FX Content. Those portions of the Site and the Services owned by Cover FX are the copyright of Cover FX. All rights reserved. You agree that all of Cover FX's trademarks, trade names, service marks, logos and service names are trademarks and are property of Cover FX (the "Cover FX Marks"). You agree not to display or use in any manner the Cover FX Marks, without the express prior permission of Cover FX. Cover FX hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Cover FX Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service. The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
- International Use: Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Shipping and Return Policies: Please review our shipping and return policies at https://www.coverfx.com/pages/shipping-information. These policies govern the purchases you make on our Website, so that you may understand our sales practices and procedures.
Notice And Procedure For Copyright Infringement Claim: The Digital Millennium Copyright Act (the "Act") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Accordingly, Cover FX reserves the right, but not the obligation, to terminate your right to use the Website if Cover FX determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Cover FX accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Cover FX has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cover FX to locate the material; (d) information reasonably sufficient to permit Cover FX to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the Act shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Cover FX’s designated copyright agent to receive notification of claimed infringement can be reached by writing to: Copyright Agent, Cover FX Beauty, LLC, 42 West 39th Street, 9th Floor, New York, New York 10019 or by e-mail at maven@Cover FX.com.
- Member Disputes: You are solely responsible for your interactions with other Members. Cover FX reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Termination: You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. You agree that Cover FX, in our sole discretion, may terminate your account or your access to our Website or the Service immediately, with or without notice to you, and without liability to you, for any reason, including, without limitation, if Cover FX believes that you have breached any of the terms of this Agreement or acted inconsistently with the letter or spirit of the Agreement, furnished Cover FX with false or misleading information, or interfered with use of the Website or the Service by others.
- Disclaimer of Warranties. You expressly understand and agree that:
Your use of the website and the service is at your sole risk. The website and the service are provided on an "As is" and "As available" basis. Cover FX and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the website, and any third party website with which they are linked.
Cover FX and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (I) the website or the service will meet your requirements; (II) the website or service will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); (III) the results that may be obtained from the use of the website or service will be accurate or reliable; (IV) the quality of any content, products, services, information or other material purchased or obtained by you through the website or service will meet your expectations; (V) any errors in the site or information or materials therein will be corrected, and (VI) the site and its contents and server that makes the site available are free of any viruses or other harmful components. We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data.
Any material downloaded or otherwise obtained through the use of our website or the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Cover FX or through or from the website shall create any warranty not expressly stated in this agreement.
Limitation on Liability: To the fullest extent permitted by applicable laws, in no event will Cover FX, its affiliates, subsidiaries, employees, agents, suppliers, or contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the service, the website or any website with which they are linked, even if Cover FX has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Cover FX's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Cover FX for the Service. Otherwise, if you are dissatisfied with any portion of the Website, or with this Agreement, your sole and exclusive remedy is to discontinue using the Website. Without limiting the generality of the foregoing, Cover FX will not be liable for: (a) the contents of any communication, message, or information posted by you or other third parties; (b) the content of any website not controlled, owned, or operated by Cover FX that is accessed from or linked to this Website; (c) the content, services or information provided by any website purporting to be operated by Cover FX or its affiliates, but not actually affiliated with, controlled, owned, or operated by Cover FX; and (d) any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
You further specifically acknowledge that Cover FX is not liable, and you agree not to seek to hold Cover FX liable, for the conduct of third parties, including other users of the Services and operators of external websites and that the risk of use of the Services and external websites and of injury from the foregoing, rests entirely with you.
Notwithstanding the foregoing, these disclaimers and limitations of liability do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from company intentional misconduct, recklessness, fraud or gross negligence.
- Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
- Indemnity: You agree to indemnify, defend, and hold harmless Cover FX, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, representatives and third-party providers from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from any violation of the terms of this Agreement; your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; your use of the Website; or your connection to the Website. Cover FX will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Additional Terms: We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
- Modification and Discontinuation: We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
Dispute Resolution and Agreement to Arbitrate: Arbitration is a form of alternative dispute resolution and is often considered a faster, more convenient, and less expensive way to resolve disputes. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. However, if those efforts fail, then both you and Cover FX agree that any and all complaints, disputes, disagreements, controversies or claims arising from or relating to a transaction, a failed transaction, any communications between you and Cover FX (including your receipt of text messages or electronic mail from us), or otherwise related to any services rendered, or to the breach, enforcement, interpretation, or validity of the Agreement or any part of it (“Dispute”), will be resolved exclusively by final and binding arbitration ("Arbitration") administered by the American Arbitration Association (“AAA”) and conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) in effect at the time the Arbitration is initiated. In the event AAA is unavailable or unwilling to hear the Dispute, then the parties shall mutually agree to another arbitration provider. Payment of all filing administration and arbitrator fees will be governed by the AAA Rules. Cover FX will reimburse those fees for claims totaling less than $10,000. Cover FX waives its right to seek attorney’s fees and costs in arbitration.
You and Cover FX mutually agree to bring any dispute in Arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, you and Cover FX both hereby waive any right to a jury trial, to participate in a class action lawsuit or arbitration, or joint or consolidated lawsuit or arbitration against the other Party. If the court decides that applicable law precludes enforcement of this paragraph’s limitations to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from arbitration. No demand for Arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations.
The Arbitration tribunal will consist of one arbitrator. Arbitration will be held in a location mutually agreed to by the parties (including by written submissions, telephone, or video conference), but if the parties cannot mutually agree to the final location, then AAA will determine the location. As previously stated, neither Cover FX or you will have the right to bring or participate in any class action or similar proceeding in court or in Arbitration.
The Arbitrator shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles. The Arbitrator shall not have the power to consolidate or join the claims of other persons or parties who may be similarly situated and shall not have the power to award punitive damages. If any part of this Notice of Arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this Notice of Arbitration provision shall remain in effect. Nevertheless, nothing herein shall prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.
To begin an Arbitration proceeding, you may send a letter requesting arbitration and describing your claim to:
42 West 39th Street, 9th Floor, New York, New York 10018
This notice of arbitration provision limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa rules, and the right to certain remedies and forms of relief. Other rights that you or Cover FX would have in court also may not be available in arbitration.
- Waiver of Jury Trial and Class Actions: You and Cover FX waive all rights to a jury trial, instead electing that any disputes be resolved by a judge. You also agree that any disputes with us shall be resolved on an individual basis, and that you may not bring a claim as a plaintiff or class member in a class consolidated or representative action.
- Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Headings: The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
- Questions: If you have any questions regarding this Agreement, please contact us by email, at maven@Cover FX.com or by mail at 42 West 39th Street, 9th Floor, New York, New York 10018.
Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customers behalf to the Alabama Department of Revenue. Seller program account number is SSU-R011233062.
These terms of service were last updated on November 1, 2022
Personal Information: Personal Information includes any information that would allow us to identify you or contact you, such as your name, home or mailing address, geographic location, payment information, user name, passwords, security questions and answers, biometrics, date of birth, age, age range, gender, favorite hobbies, interests, product purchase history, browsing history or other identifying information (collectively, “Personal Information”). This could also include information you give us about someone else (i.e. if you choose to ship a product to a friend or relative). We collect Personal Information in connection with a number of different activities, including, but not limited to creating an account, product purchases, customer service inquiries, contests and promotions and customer feedback. To access certain portions of our Website, we require you to register and select a user name and password. Some personal data is collected during the registration process. If you create an account with us, your payment information may be stored under your account profile. We may also ask for additional information, including personally identifiable and non-personally identifiable information. To review or edit this information go to the Account/Login page on CoverFX.com.
When you make a purchase on our Website, call our customer service hotline, e-mail us an inquiry or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, phone number, personal interests, credit card number, billing information etc., in order to process your order, provide you with information, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Website.
Your username, password and security questions and answers should always be kept confidential and should never be shared with anyone else. To change your password, go to the Customer Login section of our Website or contact Customer Service at info@CoverFX.com. Unless we request it, we ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through our services or otherwise to us.
We may also collect information that you voluntarily share with us about your experience using our products, i.e. through comments, suggestions, reviews, customer service surveys or e-mail correspondence. We may also collect content you generate and send to us by e-mail, through our Facebook page, Instagram site, Website or other means. Examples include, but are not limited to, photos, videos or testimonials.
If you interact with us on social media or use features such as plugins, widgets, or other tools made available by social media platforms or networks (such as Facebook, Instagram, Twitter, Google, You Tube, and Pinterest) in connection with our Website, we may collect the following: (1) any information you shared with us, (2) any information that is part of your public profile any information that the social media platform shares with us. This could include (but is not limited to) basic account information for the third -party site, user ID, geographic location (city, state, country), profile picture and list of connections/friends and/or any other information that you allow the third -party site to share with us. For further information concerning what information could be shared with us, please visit the third party’s website.
We may collect information from you through one of our inbound text messaging programs. For example, periodically we may allow customers to send us inbound text messages using a short code that we create or advertise in connection with promotions or special offers. These programs may be advertised through our Website or corresponding application. If you choose to participate in one of these programs, data about your physical geo-location may be obtained and used for marketing purposes. This policy will only apply if our text messaging program indicates it applies or if it refers you to our Website to review the privacy provisions related to text messages.
When you visit our Website, open or click e-mails we send you or interact with our advertisements, we or the third parties we work with automatically collect certain information using technologies such as cookies, web beacons, clear GIF, pixels, internet tags, web server logs, and other data collection tools. For more information, see section 6 below.
In some cases we record customer service calls for quality assurance.
We note that we strive to limit the amount of Personal Information we collect and store to that only necessary to deliver the relevant goods and services.
How We Use Your Personal Information: We use the information collected on our Website for a variety of purposes, including, but not limited to, running the Website and contacting users, fulfilling orders, account maintenance, customer service, product recommendations and improvements, contests and promotions, communications, Website personalization, third party on-line advertising, Website security and/or internal research, to detect, investigate, prevent or to take action regarding malicious, deceptive, fraudulent or illegal activity, including fraudulent transactions, attempts to violate our policies, procedures, terms and conditions, security incidents, and harms to the rights, property, or safety of CoverFX and our users, customers, employees or others. In addition, we use personal information to comply with our legal or regulatory obligations, to exercise our rights, and to assert or defend against a legal claim.
Our Website may also make available to other registered users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize our Website for you, to personalize our advertising, marketing, communications, and promotional offers, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on our Website, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials.
You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the “Opt Out Procedures” section below or by clicking on the "unsubscribe" link in every CoverFX e-mail.
Information obtained through our Website may be intermingled with and used in conjunction with information obtained through sources other than our Website, including both offline and online sources.
Discussions and Community Tools: Our Website may make product reviews, chat rooms, forums, bulletin boards, news groups and other community tools available to registered users and/or visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for CoverFX to use. Please do not disclose any personally identifiable information in these publicly accessible areas of our Website. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.
Non-Personal Data: In some cases, we may collect non-personal information. Examples of this type of information include the type of internet browser you are using and version, the type of computer operating system application software, and peripherals you are using, the domain name of the website from which you linked to our Site, the IP address and the website usage (including, but not limited to, the links you click on and the pages you review). We use your information on an aggregated basis to do such things as operate and enhance our Website. This information is collected by using web beacons and cookies and may be collected from computers, tablets, smartphones and other devices, as well as by third party vendors such as Google Analytics. Website usage may be associated with your account or personal contact information. To learn more about Google Analytics, please see the information provided by Google.
To the extent these tracking technologies are deemed to be a “sale” or “sharing” under California or any other state law, you can opt-out of these tracking technologies by submitting a request to us by e-mail at info@CoverFX.com.
Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to opt-out of the tracking technologies, disable your cookies setting or refuse to accept a cookie, you may not be able to access all areas of our Website. To learn more about cookies and how they work, see www.allaboutcookies.org.
Opt Out Procedures: You have the option to opt out of receiving information from CoverFX and our Website. This opt out messaging will appear at the bottom of every email that is sent out. If you no longer wish to take advantage of our Website or receive any form of direct contact from CoverFX or our Website, whether it is email, discounts, newsletters, or other promotional offers or materials, please contact us by e-mail at info@CoverFX.com.
Reviewing or Changing Your Information: In order to ensure that the information we maintain is accurate, CoverFX gives users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the "My Account" link on our Website.
We may share personal information provided with one of our AS Beauty LLC brands (Laura Geller, Julep, Mally).
We may employ other third parties to perform services or functions on our behalf in order to improve our Website, merchandising, marketing and promotional efforts, communications or other services. We use third party tools and tracking technologies to record or collect information about users’ Website usage and activity, and information users provide via the Website (e.g., through the live chat and other features) in order to track and analyze customer data, determine the popularity of certain website content and CoverFX products, understand website users’ online activity, enhance website operations, deliver targeted advertising and content. This information is either recorded or accessed in real time by the unaffiliated third-party companies we engage to provide services on our behalf and is stored by these third parties for our use only.
Those third parties may include authorized contractors, consultants and other companies working with us (collectively, "agents"). They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving CoverFX’s services and offerings.
We may allow third party ad networks to collect and use your information to show you ads that are targeted to reach people (or people similar to people) who have visited our Website or provided us with Personal Information through other means (“Matched Ads”). This includes CoverFX’s ads on other sites or our Website. In order to do this, we upload a customer list to the third party ad network or incorporate a pixel from the third party ad network on the Website, and the third party ad network matches common factors between our data and their data. At times, these ads may persuade you to come back and revisit the Website for new offers. This type of advertising generally includes an ad network that collects and tracks certain technical information (i.e. your IP address) and Website usage information (i.e. browsing history) on our Website and other Internet sites. To opt out of receiving Matched Ads, please go to https://www.networkadvertising.org/managing/opt_out.asp. We are not responsible for the third party ad network’s failure to comply with your opt-out requests.
CoverFX may be obligated to cooperate with various law enforcement inquiries. CoverFX reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Website in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our CoverFX.com Terms and Conditions of Use or other rules or policies of our Website, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which CoverFX in its sole discretion deems improper.
Security: Providing a secure site is essential for your peace of mind and trust in CoverFX. We maintain reasonable and appropriate physical, electronic and procedural safeguards designed to help protect your personal information. Specifically, we have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, please notify Customer Service at once.
Protection for Children: Our Website is not intended for or directed to users under the age of 18. Furthermore, we have no intention of collecting Personal Information from children (i.e., individuals under the age of 16). Where appropriate, we take reasonable measures to inform children not to submit such information to our Website or in response to advertisements. If we become aware that a child under the age of 16 has provided personal information to us, we will delete the information from our records.
Privacy Precaution Warning: Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services. However, you can play a role in keeping your Personal Information safe. For example, you should choose an account password that is unique, difficult to guess and confidential. If you use a shared computer, never choose to have the computer save or remember your password and make sure to log out when you are finished using the Website.
Third Party Sites/Features: Our website may provide links to or features from other third party sites that we do not own or control. If you click on these links or use the features, you do so at your own risk. We are not responsible for the content or practices of any third party site or feature.
Contact Us: You can contact us at the following:
42 West 39th Street, 9th Floor, New York, New York 10018
E-mail: info@CoverFX.com .
Notice To Nevada Residents
Pursuant to Nevada law, you have the right to opt-out of the sale of certain covered personally identifiable information we have collected about you through our Website and online services, as those terms are defined under applicable Nevada law. If you are a Nevada resident and would like to opt-out of the sale of your covered information, please submit your request to info@CoverFX.com. Your request must include your full name and zip code. Please contact us from the email address you have used to interact with us, or else provide us with that email address in your Nevada Opt-Out request email. We may contact you via such email address us as needed regarding this request. If you previously provided a phone number to us, including it in your Nevada Opt-Out request email, will assist us in identifying you and processing your request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. We will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.
California Privacy Rights
If you are a resident of California, the following sections are intended to provide certain information to you as required by the California law. These sections apply to personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Personal information does not include publicly-available information and certain other information that is regulated by other applicable laws.
You have the Right to Know and to request that we disclose certain information to you about our collection of your personal information. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:
- The categories of personal information we have collected about you
- The categories of sources from which we have collected your personal information
- Our business or commercial purpose(s) for collecting your personal information
- The categories of third parties with whom we have shared your personal information
- The specific pieces of personal information we have collected about you
We do not sell any Personal Information to third parties.
You have the right at any time to request that we delete your personal information. However, in some cases we may not be able to delete all or some of your personal information as required or permitted by applicable laws. Or we may need to delay a deletion, for instance, to process transactions you authorize such as a purchase of our products.
We do not sell, rent, or otherwise share your data to any third-party for a business or commercial purpose under any circumstances. However, we are required to let you know that you have the right to opt-out of the sale of your personal information if we ever notify you that we engage in such activity.
We will not discriminate against you for exercising your rights under the CCPACalifornia privacy laws.
To submit a request to exercise any of your rights provided in this notice, please email info@CoverFX.com. We will evaluate the request and take action where required to do so. Depending on the nature of your request, we may have to verify your identity when you contact us. We do this by asking you to provide us with certain pieces of personal information which we will match with information we have in our possession to verify your identity.
We endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).
You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof that he/she is authorized to act on your behalf, and we may also require your authorized agent to verify his or her own identity. To appoint an authorized agent, please contact us at info@CoverFX.com. We are not able to respond to more than one “Right to Know” request from a consumer in any 12-month period.
California “Do Not Track” Notice: We do not currently recognize and process “do not track” signals from different web browsers. For more information on “do not track” please visit https://allaboutdnt.com/.
California Shine the Light: California law permits California residents to request notice of how their personal information is shared with third parties for direct marketing purposes. If you are a California resident and would like a copy of this notice, please contact us at info@CoverFX.com.
- Notice of Financial Incentive: We offer customers a loyalty program (the Geller Gal Rewards) that provides certain perks, such as rewards and exclusive offers. We may also provide other programs such as sweepstakes, contest, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as an e-mail address and/or telephone number). Because our Programs involve the collection of personal data, they may be interpreted as a “financial incentive” program under California or other state laws. 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 the applicable Program, less the expense related to offering those products, services, and benefits to Program participants. You may withdraw from participating in a Program at any time by contacting us pursuant to Section 15 above.