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Privacy Policy

This Privacy Policy informs you about the type of personal data that is collected and received through our website https://www.sigmabeauty.com (“website”), and about how we use, share, retain and protect such personal data.

Who we are

We are the United States company Sigma Enterprises, LLC (“we”, or “us”) and have our registered office at 1395 Commerce Drive, Mendota Heights, MN 55120. We are the controller responsible for the processing of personal data through the website.

How we obtain personal data

We collect and receive personal data through the website. Personal data means any information relating to an identified or identifiable natural person.

First of all, we collect personal data that you choose to voluntarily provide to us for your use of the website. In addition, we collect certain personal data by using cookies, including similar technologies such as local storage when you visit the website.

We collect personal data from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites.

Cookies are bits of text that are placed on your computer’s hard drive or mobile device when you visit certain websites. Cookies hold information that may be accessible by the party that places the cookie, which is either the website itself (first-party cookie) or a third party (third-party cookies). You do have control over cookies, and can refuse the use of cookies by selecting the appropriate setting on your browser (such as Chrome, Safari, etc.). Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable or delete existing cookies. For more information regarding turning off cookies in your browser, please visit http://networkadvertising.org/. Please note, however, that by not accepting or deleting the use of cookies, you may not be able to use the website. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

On the website, we use cookies for the following purposes:

    1. To gather website statistical data to analyze how our users use the website, such as which pages are visited, how long pages were visited and the paths taken by visitors to our website as they move from page to page. These cookies are placed by the domain https://sigmabeauty.com;
    2. To provide authentication (i.e. to keep you logged in between sessions). The information collected using local storage is stored on your browser and persists after your browser is closed.
    3. For the purpose listed under 1), we use Google Analytics. Google Analytics is a web analytics service provided by Google, Inc., which uses cookies to help. The information generated by the cookie about your use of our website (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted and stored by Google on servers in the United States or any other country in which Google maintains facilities. Your IP address will be masked by setting the last octet of your IP address to zero before it is stored by Google. Google will use this information to monitor your use of our website, and to compile reports on website activity for us. Based on our agreement with Google, Google is not allowed to use this information for their own purposes and may only transfer this information to third parties where required by law, or where such third parties process information on Google’s behalf.
    4. The Sigma Beauty website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS

The types of personal data we may obtain

We may collect and receive the following personal data from you:

      1. Name and contact details (such as name, address, email, username, fax and phone numbers);
      2. Account details (such as username, password);
      3. Payment information (such as bank account information);
      4. Information on your use of the website;
      5. Personal data included in content uploaded by you to the website;
      6. Personal data included in comments posted by you on the website;
      7. Traffic data (such as your Internet usage);
      8. Any other information that you have provided us (such as your profile picture, the comments you leave and whether you would like to receive our newsletter).

We may collect other types of personal data if required under applicable law or if necessary for the purposes listed below. We will then inform you and ensure that there is a valid legal basis for doing so.

How we may use personal data

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, subscribe to out of stock notifications, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      1. To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested;
      2. To quickly process your transactions;
      3. To administer a contest, promotion, survey or other site feature;
      4. To create an account for your use of the website;
      5. To allow us to better service you in responding to your customer service requests;
      6. To analyze how the website is used, such as which pages are visited, how long pages were visited and the paths taken by visitors to our website as they move from page to page;
      7. To verify compliance with applicable legal requirements and our policies;
      8. To contact you, such as by sending personalized emails, about our products and services, including our newsletters.

We process personal data because this is necessary for the performance of the contract between you and us, for our compliance with our legal obligations and for the purpose of our legitimate interests. In particular, our legitimate interests are our commercial company interest (e.g. to improve our products and services), our interest to make use of direct marketing, our interest to prevent fraud and our interest to report possible criminal acts or threats to competent authorities. Some of the personal data that we process is required for us to meet our legal obligations, for example we cannot create an account for you if you choose not to share your personal data with us.

How we may share personal data

We may share the personal data we collect and receive on a need to know basis with the following third parties:

      1. Service providers;
      2. Competent public authorities or other third parties, if required by law or reasonably necessary to protect the rights, property and safety of ourselves or others.

We do not sell, rent, trade, or otherwise transfer to outside parties your personally identifiable information. The term "outside parties" does not include Sigma Enterprises LLC. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. The above excludes text messaging originator opt-in data and consent; this information will not be shared.

How we protect personal data

We maintain appropriate technical and organizational security safeguards designed to protect your personal data against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. When you place orders or access your personal information, we offer the use of our secured server. All sensitive information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed by you and us. However, due the inherent open nature of the Internet, we cannot guarantee that communications between you and us or the personal information stored is absolutely secure. We will notify you of any data breach that is likely to have unfavorable consequences for your privacy in accordance with applicable law.

How long we retain personal data

We retain personal data for as long as necessary to fulfil the purposes for which we collect or receive the personal data, except if required otherwise by applicable law. Typically, we will retain most of the personal data for the duration of your use of the website, until you have removed your account, unless a longer applicable statutory retention period applies. If you would like to us more information about how long we retain your personal data, please contact us as described below.

If you wish to manage your data, erase your data, or delete your account, please follow this link: https://privacy.shopify.com/en

Your Rights

You have the following rights in relation to your personal data:

      1. The right to obtain, at reasonable intervals and free of charge, information on whether or not your personal data are being processed and to receive the personal data that is being processed in an intelligible form;
      2. The right to request rectification or erasure of personal data or restriction of or objection to processing of your personal data. You may also request us to provide you your data in a structured, commonly used and machine readable format which can be transmitted to another controller.
      3. To exercise these rights, please contact us using our contact details set out below. We may request you to provide a copy of your ID card or otherwise evidence your identity. We will respond to your request within the applicable statutory term.
      4. Moreover, subject to this Privacy Policy, you have the right to file a complaint with the competent supervisory authority.

Third Party Links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

Changes To Our Policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on May 24, 2021.

Questions And Feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue. You can send an email to PRIVACY@SIGMABEAUTY.COM with the subject line "Privacy Policy" and we will respond as soon as possible.

Online Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Text Messages & Promotions

If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders) or to help keep track if items you put in your shopping cart when you have abandoned to determine when to send cart reminders via SMS.

Terms And Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Arbitration:

By using or purchasing Sigma Beauty products or services, you agree that any controversy, claim, action, or dispute between you and Sigma Beauty arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of[Brand] ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Dakota, Minnesota, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Sigma Beauty's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring[Brand] ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Sigma Beauty agree that you may bring or participate in Claims against Sigma Beauty only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Sigma Beauty agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

Your Consent

By using our site, you consent to our privacy policy.

© 2021 Sigma Enterprises, LLC.