DMCA Policy

Effective Date: May 25, 2024


This Digital Millennium Copyright Act policy (“Policy”) applies to the Beyondyourskin.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”) and outlines how Beyondyourskin, INC. (“Beyondyourskin, INC.”, “we”, “us” or “our”) addresses copyright infringement notifications and how you (“you” or “your”) may submit a copyright infringement complaint.

 

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website.

 

What to consider before submitting a copyright complaint

 

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user.

 

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

 

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to hire an agent to report infringing material for you.

 

Notifications of infringement

 

If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification (“Notification”) using the contact details below pursuant to the DMCA by providing us with the following information:

 

- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.

- Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.

- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.

- 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, the copyright owner’s agent, or the law.

- 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.

- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

 

All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of your Notification.

 

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. A backup of the terminated account’s data may be requested, however it may be subject to certain penalty fees imposed. The final penalty fee will be determined by the severity and frequency of the violations.

 

If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.

 

Notwithstanding anything to the contrary contained in any portion of this Policy, Beyondyouskin INC. reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

 

Counter-notifications

 

A user who receives a copyright infringement Notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the Notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the Notification we received as well as instructions on how to file a counter-notifications.

 

To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:

 

- Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.

- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.

- A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted.

- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.

- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

 

Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

 

Notwithstanding anything to the contrary contained in any portion of this Policy, Beyondyourskin, INC. reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

 

The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

 

Changes and amendments

 

We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

 

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.

 

Reporting copyright infringement

 





  1.  OVERVIEW


This privacy policy (this “Policy”) applies to Beyondyourskin, Inc. (“we,” “us,” or “our”).  We strive to deliver outstanding services and products and value our customers’ business and loyalty. We recognize that privacy is an important issue. We have developed this Policy to explain our practices regarding the personal information we collect from you or about you when you purchase services and products from us, through written or verbal communications with us, when you use this website or mobile applications. While this Policy broadly describes the practices we have adopted within North America, local laws vary, and some jurisdictions may place restrictions on our collection, use, or disclosure of personal information. Our actual practices in such jurisdictions may be more limited than those described in this Policy to comply with local requirements. If you are a resident of Georgia, please see Appendix A for information regarding your rights under Georgia law.  


By accessing or using our websites, mobile applications (“apps”), or submitting information to us, or otherwise agreeing to this Policy, e.g., in the context of registering to receive our services or purchasing our products, you understand and consent to our collection and use of your personal information as described herein.


  1.  PERSONAL INFORMATION WE COLLECT AND USE


Personal information is information that identifies, relates to or describes you or can reasonably be  associated with or  linked to you.  We collect personal information directly from you through our websites and apps and in our contact with you at our facilities.  We may also collect information related to conversations, including records or copies of your correspondence with us or customer service calls for quality assurance and training purposes, and other communications such as website chat support, in-app messages, or SMS.


We collect and use personal information in certain common cases, including:


2.1    Provision of Professional Services.  In connection with our provision of professional services to you at our facilities, we collect personal information.  The information we collect in these cases may include first name, last name; city, county, state, zip code; and certain health and medical conditions.  We use this information to provide our personal service to you.  The personal information described in this paragraph is the “Professional Services Data.”


2.2    Purchase of Services and Goods.  In connection with your purchase of services and goods from us at our facilities or through our website, we collect personal information.  The information we collect in these cases may include first name, last name; shipping address, city, county, state, zip code; billing address, city, county, state, zip code; telephone number; e-mail address; gender; age; account name, account password; goods purchased; customer comments; date of purchase; a copy of your original invoice; invoice number; credit card number, expiration date and security code. We use this information to facilitate the purchase transaction.  The personal information described in this paragraph is the “Purchase Data.”


2.3    Customer Service.  We provide customer service at our facilities, by telephone and through our website.  In providing customer service we may collect personal information from you such as name, address, e-mail address, telephone, services provided, product purchases,  and other information related to your service request.  We use this information in order to investigate, resolve and respond to your customer service issue.  The personal information described in this paragraph is the “Customer Service Data.” 


2.4    Newsletter.  If you subscribe to our newsletter, we collect personal information which may include first name, last name; e-mail address; telephone number; zip code, gender and date of birth.  We use this information to provide our newsletter and other information about our goods and services to you and to help us understand the demographics of our customers.  The personal information described in this paragraph is “Newsletter Data.”


2.5    Customer Surveys.  We may collect personal information at various events through surveys in which you may choose to participate. The information we collect may include age; date collected; purchase history, habits, and preferences; email; first name; last name; and other individual survey responses as indicated at the time of collection.  We use this information to understand the needs and preferences of our customers so that we can improve our goods and services.  The personal information described in this paragraph is the “Survey Data.”

 

2.6    Security.  Our facilities may use security cameras to monitor the activity of our customers and staff in non-private areas.  The information we collect includes video recordings.  Audio is not recorded.  The camera images are not monitored in real time.  The recordings are viewed only if there is reason to believe that there has been a breach of security.  We use this information to detect security incidents and to report to law enforcement agencies.  The personal information described in this paragraph is the “Security Data.”

 

2.7    Automatically Collected Personal Information.  By its nature, our websites and apps also automatically collect some personal information about you. In order for you to view or interact with our website or apps, we receive individual identifiers like your IP address, and some network information like the date and time that pages are visited. We may collect this personal information even if you are not logged in.  We collect some personal information automatically using cookies or other tracking technologies as described below in Section 7. The personal information automatically collected may be collected by or on behalf of third parties who may provide us with inferences or aggregate reporting based on analysis of such personal information.   We use this information to understand how our customers are using our websites and apps.  The personal information described in this paragraph is the “Use Data.”


In addition to the information we collect from you directly, we may also infer information about you based on the information you provide to us or from other information we collect.

 

  1.  SOURCES FROM WHICH WE COLLECT PERSONAL INFORMATION


We may collect personal information about you from a number of sources in addition to those means of collection indicated above, including offline or through sources unrelated to your use of our websites or apps or interaction with us at our stores. For example, we may collect personal information from publicly accessible sources, directly from a third party or from a third party with your consent. We may merge or co-mingle that personal information with the personal information we maintain about you and other data collected on or through our website.  Categories of sources from which we may collect personal information include: advertising networks; internet service providers; data analytics providers; and government entities.


  1.  PURPOSES FOR WHICH WE COLLECT PERSONAL INFORMATION


In addition to the purposes set forth in Section 2 above, we may collect your personal information for the following purposes:


4.1    Auditing.  Auditing related to a current interaction with you, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;


4.2    Security.  Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes;


4.3    Debugging.  Debugging to identify and repair errors that impair existing intended functionality;

 

4.4    Transient Use.  Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with us provided that your personal information is not disclosed to a third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;


4.5    Services.  Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage or providing similar services on our behalf;


4.6    Advertising.  Providing advertising and marketing services to you;


4.7    Research.  Research.  Undertaking internal research for technological development and demonstration; and


4.8    Quality and Safety.  Undertaking activities to verify or maintain the quality or safety of our products and services and to improve, upgrade, or enhance our products and services; and


4.9    Commercial Interests.  Advancing our commercial or economic interests, such as by inducing a person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.


  1.  LIMITED USE OF PERSONAL INFORMATION


We will only use your personal information for the purposes for which we have collected it, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose. For example, we consider de-identification, aggregation, and other forms of anonymization of personal information to be compatible with the purposes listed above and in your interest, because the anonymization of such information reduces the likelihood of improper disclosure of that information.


If you wish to receive an explanation as to how the processing for a particular purpose is compatible with the original purpose, please contact us via the information specified in the Contact section below.


  1.  OUR DISCLOSURE OF PERSONAL INFORMATION


In order to provide you with the best services and products, we may disclose your personal information to our affiliates, service providers, contractors and other third parties as described below.


6.1    Affiliates.  We may disclose your personal information to our parent company and entities under shared corporate control (“Affiliates”) for the purposes described in Sections 2 and 4 above.


6.2    Contractors.  We disclose personal information to entities that help us fulfill a business or commercial purpose including, but not limited to, shipping companies that deliver our products to you (“Contractors”).  Contractors are not permitted to sell or share your personal information or to use your personal information other than to perform the tasks we assign to them. 


6.3    Service Providers.  We disclose your personal information to companies that process personal information on our behalf for a business or commercial purpose, including, but not limited to,  website hosting, app design, database management, web analytics, app analytics, billing, payment processing, and communicating with you about our products or services (“Service Providers”).  Service Providers are not permitted to sell or share your personal information or to use your personal information other than to perform the tasks we assign to them.

 

6.4    Third Parties.  In addition to third parties in the foregoing categories, we may disclose personal information to the following categories of third parties: advertising networks, internet service providers, data analytics providers and government entities.  For the purposes of this Policy, “third party” or “third parties” are entities that may sell, retain, use, or disclose personal information for purposes beyond providing services directly to us for our business  or commercial purposes.


6.5    Compliance with Laws.  We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose your personal information to government agency or law enforcement officials or private parties in response to lawful requests when we believe disclosure or sharing is necessary to comply with any legal obligation, enforce or apply our terms and conditions, respond to claims and legal process, protect our services, members, dealers, our rights and/or the safety of the public or any person, or prevent or stop any illegal, unethical or legally actionable activity (including for the purposes of fraud protection).

 

6.6    Sale or Transfer of Business or Assets.  We may disclose some or all of your personal information in connection with a merger, bankruptcy, or other transaction in which another entity assumes control of all or part of our business.  If another company or individual acquires our business, or assets, that company or individual will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.


  1.  COOKIES AND OTHER TRACKING TECHNOLOGIES


7.1    Cookies.  We use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server.  Cookies cannot be used to run programs or deliver viruses to your computer.  Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.  If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services.
 
We may use cookies to collect, store, and track information for security and personalization, to operate the Website and Services, and for statistical purposes. For further information on the cookies we collect and their purpose, see our cookie policy. Please note that you have the ability to accept or decline cookies. Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer.

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7.2    Analytics.  We may use analytics tools or similar tools provided by third parties (“Data Analytics Providers”) to help analyze how you and other users utilize our services.  These tools use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on user activity such as how often users visit our website, what pages they visit and for how long, etc.  We use the information obtained from these analytics tools to monitor the performance and improve our website.

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  1.  OPTING OUT


You can make the following choices regarding your personal information:


8.1    Promotional and Other Emails. You may choose, during the account registration processes on one of our websites, or otherwise, to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other materials related to our services. You can stop receiving these emails by sending a request to the email address in the Contact Us section below. If you decide not to receive these emails, we may still send you communications related to your current or former membership.


8.2    Cookies.  When you first visit our website a cookie banner will appear at the bottom of the homepage.  If you make no selection, then by default, all cookies will be disabled, except for essential cookies that enable core website functionality such as security, verification of identity and network management.  If you select “Settings” you can elect to opt-out of marketing cookies, functional cookies and/or analytical cookies.  If you select “Accept All,” all cookies (essential, marketing, functional and analytical) will be enabled.  If you select “Settings,” make your selections and then “Save” or if you select “Accept All,” your selections will be saved and the cookie banner will no longer appear.  If you wish to change your “opt-out” preferences, you may have the cookie banner reappear by going to your browser and removing all cookies from our website.  For more information go to www.intenetcookies.com


8.3    Do Not Track.  Our website does not recognize and respond to “Do Not Track” requests that are generated by many popular web browsers.

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  1.  INTERNATIONAL TRANSFERS OF INFORMATION


Your personal information may be processed in the country in which it was collected and in other countries, where laws regarding personal information may be less stringent than the laws in your country. Therefore, in some circumstances, you might be left without a legal remedy in the event of a privacy breach or other use that is prohibited in your country. By submitting your personal information, you agree to this transfer, storage and/or processing, including all associated risks.

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  1. INFORMATION SECURITY


No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. We make efforts to protect your personal information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction. If you have questions about the security of your personal information, contact us at the email or regular mail address specified in the Contact section below.


  1.  DATA RETENTION


We will retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.


  1.   ABOUT DATA AND STORAGE TRANSFERS


Our website and data collected on it is hosted on wordpress.com.  Wordpress can store data in a number of locations.  Your personal information may be stored in data centers located in the United States of America, Ireland, South Korea, Taiwan and Israel. Wordpress may use other jurisdictions as necessary for the proper delivery of their services and/or as may be required by law.

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Wordpress is a global company that respects the laws of the jurisdictions it operates within. The processing of the personal information of individuals located in the European Economic Area (“EAA”), United Kingdom or Switzerland may take place within those jurisdictions, Israel or a third country, territory, or one or more specified sectors within that third country, of which, the European Commission has decided that it ensures an adequate level of protection (transfer on the basis of an adequacy decision).  Any transfer to a third country for processing, outside the EEA, United Kingdom or Switzerland that does not ensure an adequate level of protection according to the European Commission, will be undertaken in accordance with the Standard Contractual Clauses (2010/87/EU) set out in Appendix 1 of the Wordpress Data Processing Agreement (DPA) 
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13.THIRD-PARTY LINKS


Our websites or apps may contain links to other websites or apps. We are not responsible for the privacy practices or the content of these other websites or apps. You should read the policy statement of these other websites or apps to understand their policies. When you access linked websites or apps, you may be disclosing private information. It is your responsibility to keep such information private and confidential.

 

  1. PRIVACY OF CHILDREN


We do not knowingly collect any personal information from children under the age of 18. If you are under the age of 18, please do not submit any personal information to us. If you have reason to believe that a child under the age of 18 has provided personal information to us, please contact us to request that we delete that child’s personal information.


We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce this Policy by instructing their children never to provide personal information online or offline without their permission.

 

  1.  CHANGES TO THIS PRIVACY POLICY


We may update this Policy from time to time, in our sole discretion. When we do so, we will post the new Policy on our website. You should consult this Policy regularly for any changes. Continued use of services following posting of such changes constitutes your acknowledgement of such changes and agreement to be bound by the changes. If you do not agree, you should immediately discontinue your use of our website and services. 

 

  1.  CONTACT US


If you have questions regarding this Policy, its appendices, or our treatment of your personal information, you may contact us at:


    Info@bespokeacm.com with the subject “Privacy Policy Questions”