Privacy Policy

Privacy Policy


Trufacial ("Trufacial," "we," "us" or "our") is committed to respecting your privacy. This privacy policy and agreement (the "Privacy Policy") covers how we collect, use, and treat Personal Information that you may provide either (i) through this website and related mobile applications (" Website" or "Site"), (ii) by contacting us directly by phone, email, or another communications channel, or (iii) while visiting one of our physical locations (collectively, the "Services").

Our Privacy Policy applies to any visitor to the Website (collectively, "you"), including (i) casual visitors to our Site who do not sign up for an account on the Website ("Site Visitors"), and (ii) users who have registered with TruFacial through the Website (collectively, "Registered Users") as well any other providers of Personal Information who use the Services.

 

1. Your Consent

Please read this Privacy Policy carefully because it creates legal obligations on you and on Trufacial's. You show your consent to this Privacy Policy by using our Website or visiting one of our physical locations (as applicable). We may also request your express consent when you become a Registered User or complete a purchase with us. In either event, you are acknowledging that you have read and understood this Privacy Policy, and agree to be legally bound by it. If you do not agree with the terms of this Privacy Policy, please refrain from using our Services.

 

2. Types of Information We Collect

We collect a few categories of information as described in this Section 2 (Types of Information We Collect). We may collect this information through different sources as described in Section 3 (How We Collect Personal information) below.

 

2.1 Personal Information

We use the term "Personal Information" to mean any information that identifies you as an individual, and any other information we associate with it. We may receive Personal Information from you directly, such as:

  • Your name, email address, and password;
  • Other contact information including a physical address and phone number;
  • Your payment and billing information;
  • Other content you affirmatively provide to us through the Sites;
  • Any information or feedback you provide in communications with us through our Website or via social media, email or our customer call center;
  • Your orders and transactions with us.

 

If you provide us with any Personal Information relating to another individual, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

 

2.2 Online Activity Information

We also collect technical and device-related information through our Website and third party analytics tools we use (collectively, the "Online Activity Information"). Sometimes Online Activity can be associated with your Personal Information (as described below), otherwise it is considered Anonymous Information as described below.

 

2.3 Anonymous Information

In addition to Personal Information, we may also have (i) information that does not identify you or your devices, and (ii) de-identified Personal Information that no longer identifies you (collectively, "Anonymous Information"). Information that meets either of these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information. We use Anonymous Information for our business operations, for example, to engage in marketing and other activities in a manner that protects our customers, since Anonymous Information does not include Personal Information and, as such, is outside the scope of this Privacy Policy.

 

3. How We Collect Personal Information

As described below, we may collect information from you when you visit our Website, when you call us, and when you visit our stores. In some instances, we may also receive information about you from third parties such as service providers.

 

3.1 Site Visitors

As a Site Visitor, you decide whether to provide us with your Personal Information. We allow you to visit our Site, browse our products, and review other information about our Services without revealing your identity or otherwise providing any Personal Information. In that case, the only information that we collect from your visit will be Online Activity Information or Anonymous Information.

 

3.2 Registered Users

In order to participate in our Services as a Registered User, we will direct you to complete a registration form. Our registration forms will require certain Personal Information such as name, email address, mailing address and phone number. Our registration forms may also request information that you can choose to provide or withhold. The registration process provides Registered Users with an email username and password, which allows them to gain access to password-protected portions of the Website and to otherwise use certain functionality available on our Site. This information is used by Trufacial in providing the Website and related Services, as further detailed below. The benefits of becoming a Registered User are set forth on our Website and in our Terms of Use.

 

3.3 Payment and Order Fulfillment  

When you purchase products from our Website you will be directed to a third party site for payment processing. To fulfill your order we will collect all necessary shipping information to complete the shipping process.  

 

3.4 Emails and Customer Service Calls

You may contact us by phone and email with your questions, comments, or feedback concerning our Site or Services. By communicating with us for these purposes, you may provide us with your email address or other Personal Information, and we will use this information in connection with responding to you and to improve our Services and offerings.

 

3.5 Newsletters and Special Offers

You may choose to sign up to receive communications from us including, for example, emails with information on deals, news, store openings, and other events. In addition, if you are a Registered User or have previously provided Trufacial with your email address, we may choose to send news, bulletins, marketing materials, or other information. We may use your Personal Information or expressed preferences to determine which communications may interest you, and to send such communications. You can opt out of receiving these communications as provided in Section 11 (Your Choices Regarding Your Personal Information; Opting Out) below.

 

3.6 User-Generated Content

We may give you the ability through the Website to engage with us and others in public exchanges, and this may include opportunities for you to provide comments, reviews, recommendations, and other input via the Website (collectively, "User-Generated Content"). Please understand that, if you include Personal Information in User-Generated Content, others may be able to read, collect, re-publish, and otherwise freely use the Personal Information. We are not responsible for Personal Information that you decide to include in User-Generated Content, and we are not obligated to take down, remove, or edit User-Generated Content, except as required by applicable law. If your User-Generated Content includes Personal Information relating to others, you represent that you have full permission and authority to do so.

 

3.7 Collection of Personal Information Offline

If you purchase a product or service from us in one of our physical locations or by phone, we may ask you to provide us with various information including, but not limited to, your contact information. For example, we may use your contact information to send communications as described in this Privacy Policy, to more efficiently complete deliveries.

 

4. How We Collect Online Activity Information and Anonymous Information

We collect Online Activity Information and Anonymous Information to analyze the effectiveness of our Site, to improve our Website and our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users and the use of our Website and Services, and we may share such information with third parties, including advertisers. We may collect Online Activity Information and Anonymous Information through features of the software that support our Website and our Services, through cookies and through other means described below.

 

4.1 IP Addresses; Logs

Trufacial may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.

 

4.2 Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon future visits. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

 

4.3 Click-Throughs

We may send email messages, which use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and to measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 11 (Changing or Removing Information; Opting Out).

 

5. How We Use The Information We Collect

We use the information we collect or process, including Personal Information, Online Activity Information and Anonymous Information, as permitted under applicable law and consistent with the terms of this Privacy Policy. More specifically, we use the information we collect for the following purposes:

  • To provide you with the Services you request (on the Website, by phone, in our stores or otherwise), including use of our Website, to complete purchases, order fulfillment, returns and other needs associated with a transaction, to create and manage Registered User accounts, and to communicate with you regarding our Services;
  • To allow you to post User-Generated Content, submit photographs for marketing or other purposes and to process your requests using such photographs, use AR features of our mobile applications, and participate in surveys and questionnaires;
  • To respond to your inquiries;
  • To customize and enhance your use of our Website and Services, such as by personalizing your experience with us;
  • To provide communications that might interest you, including marketing messages and to inform you of products and services that we think would be appealing to you, whether the products or services are provided by us or by others, and whether the products or services are available via our Site or via a third party;
  • To verify your identity and to securely process your purchases or other requests for Services;
  • To perform analytics, quality control, market research, and to determine the effectiveness of our Site, promotional campaigns, to improve our current products, Services, and Site, and develop new products and services;
  • To perform internal administration, auditing, operation, and troubleshooting for our Site and Services;
  • To share the information with third parties strictly as permitted in Section 8 (How We May Disclose Your Information) below;

In addition to the uses specifically identified above, there may be instances where you request information and Services from us that are not described in this Privacy Policy. In our discretion, we can use information that you submit in order to provide such information and Services.



8. How We May Disclose Your Information

We will not disclose your Personal Information to third parties without your express consent, except in the following limited circumstances:

 

8.1 Safety and Security

We may reveal Personal Information to attorneys, investigators, or law enforcement if we believe it is necessary to address a situation where someone was harmed or at risk of harm from another, or someone is violating or likely to violated (either intentionally or unintentionally) our Terms of Use or otherwise violating the legal rights of any individual or entity.

 

8.2 Legal Obligation

Trufacial will reveal your Personal Information to the extent we reasonably believe that we are required to do so by applicable law. If we receive a legal process calling for the disclosure of your Personal Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

 

9. Accuracy and Minimization of Data

We take reasonable steps (i) to maintain the accuracy of the Personal Information we process, and (ii) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtain the information. We may retain your Personal Information for as long as reasonably necessary to provide services to you, unless you request that we delete certain information in accordance with Section 11.3 (Access, Deletion, and Do-Not-Sell Requests) below.

 

10. Retention

We retain Personal Information based on a number of factors, including (i) for business purposes such as for as long as your account is active, as long as is reasonably necessary to provide you with our products and services, and for the other purposes we use your information as described above, and (ii) as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain archived copies of your information for a reasonable period of time.



11. Your Choices Regarding Your Personal Information; Opting Out

 

 

11.1 Accessing and Correcting Your Account Information

To allow appropriate control over Personal Information, you can access and correct discretionary information that you have previously submitted either by contacting us at customerservice@trufacial.com or by accessing your account on our Website if you are a Registered User.

 

11.2 Opt-Out of Marketing Communications

If we choose to send to you bulletins, updates, or other marketing-related materials, we will provide you with the ability to decline – or "opt out" – of receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. For example, if you no longer wish to receive email messages from us, you can opt out of this Service by either (i) following the "unsubscribe" instructions located near the bottom of each email message, or (ii) contacting us at customerservice@trufacial.com.  Please understand that we may still communicate with you in connection with administrative notices concerning any transactions, operation of the Site and legal notices.

 

12. Notice of Security Incident

If we detect unauthorized access to Personal Information (an "Intrusion"), we will: (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion; (ii) deliver this notice by the means we deem most efficient under the circumstances; (iii) use contact information for each affected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will comply with applicable law.

 

13. Participation of Children and Teens; Advisory

We do not allow individuals who we know or believe are under 13 to participate in our site or services. you must be at least 13 years old to use our site and services. If you are between 13 and the applicable age of majority, please review this agreement with your parent or guardian. if you believe that we might have received personal information from an individual under 13 years old, please contact us customerservice@trufacial.com.

 

14. State-Specific Notices

 

 

14.1 California Residents: Customers

  • In at least the past 12 months, we have collected the categories of Personal Information described above in this policy, which includes:
  • Identifiers such as name, email address, IP address, postal address and phone number, such as if you use our Services, create an account or make a purchase with us;
  • Commercial information such as your purchase history;
  • Internet activity regarding your interaction with our Website such as pages visited, product searches, browser type, browser language and other information collected automatically;
  • Geolocation data including location enabled services on our mobile app; and
  • Sensitive personal information such as your account credentials for our Services, and financial information you provide to make a purchase.
  • California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for direct marketing purposes. The California "Shine the Light" law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their direct marketing purposes.
  • Trufacial does not provide a financial incentive or a price or service difference to customers in exchange for the retention or sale of their Personal Information. We may send promotions and other offers to those individuals subscribing to our marketing communications and, unless an individual has opted out of such communications as provided above, the individual will continue to receive such communications.
  • Our Website does not change its behavior when receiving "Do Not Track" signals from browser software, and handles all Personal Information consistent with this Privacy Policy, but as noted above it does process GPC signals (which reflect a newer standard).
  • Trufacial's may not, and does not, discriminate against any customer for exercising their privacy rights, including those provided by applicable law.
  • If you have any questions about Trufacial's privacy practices, including in connection with the California privacy laws, please contact us at customerservice@trufacial.com.

 

14.2 Virginia Residents

If you are a Virginia resident and we deny a rights request you submit as provided above, and after you appeal the denial you are unsatisfied with our response, you can raise your concerns with the Virginia Office of the Attorney General.

 

14.3 Nevada Residents

For Nevada residents, please note that we do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6). You can submit a request to us regarding the sale of such information as directed by the contact information provided above.

 

15. Feedback, Concerns and Complaints

We want to hear from you. If you have feedback, suggestions on how we can improve our Services or complaints you would like us to address, please contact us customerservice@trufacial.com.  If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state's consumer protection authority.

 

17. Notification of Changes

Trufacial may update its Privacy Policy from time to time. We will post a notice of the new Privacy Policy on our Website. Your subsequent use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as updated.

 

18. Relationship to Terms of Use

This Privacy Policy must be read together with our Terms of Use, and the Terms of Use is incorporated therein. If Terms of Use conflict with this Privacy Policy, then this Privacy Policy shall control. If the terms of any other contract between you and Trufacial's conflict with the terms of this Privacy Policy, this Privacy Policy will control with respect to your Personal Information.

 

19. Third Party Sites

Our Site may link to (or be linked from) another website, mobile application, social media platform or other online service. We have no control over such third parties and are not responsible for the content, availability, or security of such linked third-party websites, so please read their privacy policies carefully. Third parties may use your information for their own purposes, including behavioral or advertising purposes. The inclusion of a link on our Site to a third party does not necessarily imply endorsement of the third-party website or its products or services, and is provided for your convenience only. If you decide to access any of the third-party websites linked to our Site, you do so subject to the terms and conditions of use for such third-party websites. Any Personal Information that you provide through a third-party website, mobile application, social media platform or other online service will be subject to the privacy policy of its operator and not this Privacy Policy.

 

Our Website and Services are primarily intended for use within the United States. While our primary data centers are in the United States, we may transfer information outside of the United States. In addition, we may employ other companies and individuals to perform functions on our behalf. If we disclose Personal Information to a third party or to our employees outside of the United States, we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy and understand that we operate under applicable laws within the United States.

 

20. Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact at customerservice@trufacial.com.  

 

21. Effective Date

The effective date of this Privacy Policy is June 18, 2023.