PRIVACY POLICY

In General 

Protecting user privacy is important to Arq Botanics. This Privacy Policy explains how information about you is collected, used, and disclosed by Arq Botanics ("Arq Botanics", "we", "us" or "our"). When we use the term “you” or “your” in this Privacy Policy it refers to an individual visitor to our website and to any entity to which a visitor is a part if you are visiting on behalf of a business or other entity.    

This Privacy Policy applies to information we collect when you use our website (including all domains and sub-domains of Arqbotanics.com), web applications, mobile applications, application programming interfaces (APIs), and other Website and services (collectively, the "Website") or when you otherwise interact with us whether in electronic, paper, or verbal format. If you do not agree with this Privacy Policy please do not use this website. 

The information we collect is governed by United States ("US") law. By accessing or using our Website or otherwise providing information to us, you consent to the processing and transfer of information in and to the US and other countries.

For purposes of this Privacy Policy, "Personal Information" is defined as information that (1) is recorded in any form; (2) is about, or pertains to a specific individual; and (3) can be linked to that individual.

1. Information We Collect

When you use our Website, we collect the following types of information:

• Account information: When you use our Website you may need to create an account with us. In order to create an account, you will need to provide us with login credentials (which include your username and password), your name, email address, postal address, and phone number.
• General usage data: When you use our Website we may collect technical properties of hardware and software you use in conjunction with our Website. For example, we may collect the type and model of hardware and/or web browser you are using, referring or exit web pages, and the operating system version you are using.

When you use our Website we may also collect information about how long you use our Website in each session, features you use in our Website, how long you use our Website overall, the time and day you accessed our Website, etc.

We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability.

 

• Purchase and Payment Information: While payments made through our Website are processed through a third party, we may collect information to administer, manage, and fulfill the purchases you make. For example, we may collect your name, email address, account information, what is ordered, the date and time of the order, the quantity and price of the order, whether payment was made, method of payment, purchase history, and if you re-ordered.
• Location information: When you use our Website, enable data services, use the browser or location-based functionality on your device, location information associated to your device (e.g. Global Positioning System (GPS) or similar satellite triangulation information, Internet Protocol address (IP address) information, carrier or tower ID, the BSSID (Broadcast Service Set Identifier) and MAC address (Media Access Control address) of Wi-Fi access points, and signal strength of visible Wi-Fi hotspots or wireless towers) may be communicated to us or our service providers. If we collect and subsequently store such information, it will be in a form that does not personally identify you (e.g. we do not maintain a system that would link specific individuals to a BSSID). We may process such information to provide you with or facilitate the provision of information and location-based services (e.g. mapping services, measuring traffic congestion, location-sensitive promotions or coupons). If you choose to use location-based services, you agree that such geographic location information may be processed to provide you with such services. If you choose to use location-based services or other applications to disclose your location to other persons or entities, you assume responsibility for the risks involved in doing so, and it is your responsibility to use them appropriately and according to applicable law. If you use third party offerings which provide location-based services, please review the third party's terms and conditions and privacy policy regarding how your location and personal information will be processed, and how to opt-out of any location-based services and advertising provided by the third party.
• Third party information: If necessary to fulfill our identified purposes, we may combine the information you submit to us with information obtained from other sources or third party offerings. For example, we may receive personal information about you from third parties involved in providing you with the products, services, hardware and software you are utilizing, such as from your email, social media, and online file storage provider to facilitate the integration of those products, services and software with our Website. We treat all such personal information in accordance with this Policy and the terms and conditions between us and such third parties, if any, may also apply. However, the third party's own use of your personal information in such cases will be determined by your agreement(s) with the third party, unless that third party is one of our service providers.
• Quality assurance and customer service: Your customer service telephone calls and emails with us and our service providers, if any, may be recorded, logged, and/or monitored for quality assurance and customer service purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to our Website and customer service. As part of the recording and logging of the calls and emails, we will collect information like the identity of the caller or sender of email, the date and time of the call or email, and the subject and resolution of the issue.
• Cookies: In addition, when you visit our Website, we collect certain information about your activity on our Website, as described below under the heading “Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts.

Some of this information would not by itself identify you to us or be personally identifiable and is therefore considered non-personal information. If we combine any such non-personal information with other personal information available to us, the combined information will be treated as personal information in accordance with this Policy.

2. Our Use of Information We Collect

We use the personal information we collect about you:

1. to understand and meet your needs and preferences, and/or to provide you with our Website, for example:

1. for purposes related to the billing, activation, provision, maintenance, support, troubleshooting, resolving of disputes, cancellation of service, upgrade, or update of our Website;
2. to process and fulfill your order, send you emails to confirm your order status and shipment, send you products you order, and allow you to pay for products you order;

• to ensure our Website is technically functioning as intended and to help identify and troubleshoot issues;

1. to fulfill or enforce any agreements or notices we provide and are associated with our Website (“Notices”);
2. to manage or respond to your inquiries;
3. to help us improve our Website; and

• to personalize our Website to your preferences;

1. to communicate with you about upgrades to our Website and changes to our product offerings using various means, for example to make available or send to you upgrades or updates, or notices of upgrades or updates of the Website;
2. to manage and develop our business and operations, for example;

1. to detect, monitor, investigate, mitigate or attempt to prevent fraud and technical or security issues or to protect our property;
2. to allow for business continuity and disaster recovery operations;

• to enforce our legal rights;

1. for statistical purposes;
2. if we believe your actions are inconsistent with the spirit or language of our user agreements or policies;
3. In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another entity;

 

1. to meet legal and regulatory requirements and to respond to emergency situations, for example:

1. to respond to court orders, warrants or other lawful requests or legal processes;
2. to provide emergency assistance in situations that may threaten the life or physical safety of you or others; or

• for any other purposes for which you have consented, such as those that may be set out in Notices, and other purposes as permitted or required by any applicable law.

Notwithstanding anything to the contrary contained in this Policy, we may remove personal identifiers from your information and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information. Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights, and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use, distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information.  We will retain your personal information as long as necessary for the fulfillment of the identified purposes or as otherwise necessary to comply with applicable laws.

You may update your communication preferences anytime by writing us at info@brontybeauty.com.

3. To whom we Disclose your Personal Information

In accordance with this Policy, we may share your personal information:

1. within our company and/or with our service providers such as a cloud service provider for data storage;
2. with our financial, insurance, legal, accounting or other advisors that provide professional services to us;
3. if we have your consent;
4. with third parties involved in providing our Website to you which may include authorized merchants of record or payment processors;
5. as necessary to complete any transactions using our Website;
6. to respond to a subpoena, order, legal process, or government request;
7. to protect, establish or exercise our legal rights or defend against legal claims;
8. to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;
9. as otherwise required by law; or
10. if we are to be sold, merged, or amalgamated or substantially all of its assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Policy.  Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

We do not sell, trade, or otherwise transfer your personal information to any outside parties except under very limited circumstances. Those circumstances include disclosures to data processors and other trusted third parties who assist us in operating this Website, conducting our business or providing services to 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.

We will notify you when personally identifiable information about you may be provided to any third party for any reason other than those set forth in this Privacy Policy, except to the extent we are prohibited form doing so by applicable law.

We may de-identify and aggregate information to improve the design and functionality of our Website and for our internal business and administrative purposes. We may also share de-identified aggregated data with third parties for any purpose so long as it contains no personally identifiable information about you.

4. Your Decisions About Your Personal Information

At any time you can contact us to: stop receiving emails from us; review the personal information held by us in connection with your account; withdraw your consent for our use and disclosure of your information; request a list of third parties to which we may have provided your personal information; close your account; and amend your personal information, by writing to us at PO Box 250, Hudson, New York 12534 or by emailing team@arqbotanics.com. You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional email from us. We will use commercially reasonable efforts to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.

If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you and tell you about the existence, use and disclosure of your personal information and this personal information will only be used for this purpose. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws, subject to our legal and contractual obligations. Usually, you may withdraw at any time your consent for us to collect, use, and disclose your personal information in accordance with this Policy, subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your personal information as may be required to provide you with our Website, and to the extent that we are contractually obligated to do so or as necessary to enforce any contractual obligations you may have with us. If you refuse to provide us with the information we require or later contact us to withdraw your consent for us to use and disclose your personal information, we may no longer be able to provide you with our Website.

5. Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts

When you visit our Website, we collect certain information by automated means, such as through server log files, cookies (text files sent to and stored on your device when you access the Website), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information back to the Website), and embedded scripts (programming code that is designed to collect information about your interactions with the Website, such as the links you click on, and which is active only when you are accessing the Website).

The information we collect in this manner may include details about the computer, mobile phone, or other device used to access the Website (such as browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.

We may use third-party web analytics services to help us analyze how visitors use the Website. We may permit these third parties to operate directly on the Website, use their own technology (such as cookies or web beacons), and collect information about you on our behalf.

The information we collect in this manner is collected to enhance your user experience. For example, this information allows us to pre-fill form fields as well as provide you with contextual recommendations while using the Website.

When you visit our Website, we may allow some third parties (such as advertising networks and data analytics companies) to collect information about your online activities over time and across different Website. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to Website and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many Website and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.

In some instances, we may also combine information we receive about you from third parties with information we collect through the Website.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, our web applications, mobile applications, or certain features thereof, may no longer function.

6. Security

We aim to provide you with a safe experience. We have in place certain physical, technical, and administrative safeguards designed to appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying, use, or modification. Please note, however, that we cannot guarantee that the measures we maintain will guarantee the security of the information. We cannot enforce or control the security of devices and networks that you may use to access our Website or submit information to us. We are not responsible for the disclosure or interception of your information before we receive it. By using our Website and agreeing to this Privacy Policy, you agree that no data transmitted over the Internet is completely secure, and that any information you transmit to us is as your own risk. We cannot guarantee the security of any information you provide to us.       We limit access to your personal information within our company to individuals with a need to know.

Your personal information may be collected, used, processed, transferred, and retained in multiple countries including which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region without your consent, by using our Website, you consent to your personal information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.

7. Links to Other Sites

We may provide links on our Website to third party sites we think you will enjoy. These sites operate independently of us and may have established their own privacy and security policies. Any personal information you provide on linked pages or other sites is subject to that third party’s privacy policy. We strongly encourage you to review these policies at any site you visit. This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked Website which are provided solely for your convenience.

8. Children’s Online Privacy Protection

Our Website is not intended for use by children. We do not knowingly collect or use any personal information from any children under 18 years of age. If you become aware that we have unknowingly collected personal information from a child under the age of 18, please contact us at team@Arqbotanics.com. If you are not 18 or older you are not authorized to use or Website. Parents should be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is or may be harmful to minors.  

9. (For California Residents) Your California Privacy Rights

As Provided by California civil code section 1798.100

 

A California resident who has provided personal data to a business with whom they have established a business relationship for personal, family or household purposes (A “Californian customer”) may request information about whether the business has disclosed their personal information to any third parties for the third parties direct marketing purposes. In general, if the business has made such disclosure of personal data, upon receipt of a request by the Californian customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding 12 months, as well as a list of the categories of personal data that were disclosed. California customers also have additional data protection rights with regard to their personal information under the California Consumer Privacy Act, including (1) the right to deletion, access and non-discrimination; and (2) the right to opt out of having your personal information shared or sold. We will not sell or share your personal information with third party companies without your consent. California customers may request further information about our compliance with this law or exercise their rights under this law by e mailing team@Arqbotanics.com. Please note that we are required to respond to one request per California customer each year and we are not required to respond to requests made by other means than through this e mail address.

The following are categories of personal information defined under the California Consumer Privacy Act that we may collect, receive, or maintain in the course of administering firm business or receive from a client in the course of providing legal services: Identifiers, Personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), Protected classification characteristics under California or federal law, commercial information, biometric information, Internet or other electronic network activity, geolocation data, sensory data, professional or employment-related information, non-public education information, and inferences drawn from other personal information.

10. (For Nevada Residents) Your Nevada Privacy Rights

If you are a Nevada resident who visits our website you may review and request changes to any of your personal information that is collected on our website. Please refer to paragraphs 1(c)-(e) for information regarding information available to third party from your activities on our website. To exercise this right, please e-mail us at team@Arqbotanics.com. Any revision to this Notice required by changes to Nevada law will be posted on this website, so you are advised to review each time there is an update posted.

11. Your European Union (EU) Data Protection Rights

The General Data Protections Regulations (GDPR) is a law in effect in the European Union (EU) aimed at protecting the personal data of residents of the EU. Residents of the EU who visit this Website should be aware of the following:

According to the European Commission, personal data includes any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, home address, photograph, email address, bank details, posts on social media sites, medical information or a computer’s IP address. Among the things considered to be personal data under the GDPR are the following:      

• Identification information: name, telephone, physical and email address and government ID numbers
• Website data: location, IP address, cookie history and RFID tags
• Health, mental and genetic data
• Biometric data
• Racial, cultural or ethnic data
• Political opinions
• Sexual orientation
• Tagged photos

Under EU data protection laws, individuals may have certain data protection rights which may be subject to limitations and/or restrictions and which includes the right to request access to and, rectification or erasure of your personal information and the right to ask us to restrict the processing of your personal information. You have the right to object to processing of your personal information where carried out for our legitimate interest or direct marketing.

If you wish to exercise you right to withdraw your consent to our use and storage of your personal information please send us your request by sending an email to team@arqbotanics.com. Individual EU residents may also have a right to lodge a complaint about the processing of their personal information with their local data protection authority.

12. Modifications to this Privacy Policy

We may make modifications, deletions, and/or additions to this Privacy Policy at any time. You are advised to check the date listed at the bottom of this Privacy Policy for any new updates. By using our Website you will be deemed to have agreed to the terms of this Privacy Policy as modified, so you are advised to review each time there is an update posted.

Questions or Comments

If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by the mail, at Arq Botanics, PO Box 250, Hudson, New York 12534 or by email at team@Arqbotanics.com  

Effective Date: April 13, 2021

Mobile Terms of Service

Arq Botanics

Last updated: Oct. 8, 2024

The Arq Botanics mobile message service (the "Service") is operated by Arq Botanics (“Arq Botanics”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Arq Botanics’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Arq Botanics through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Arq Botanics. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18556387819 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Arq Botanics mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18556387819 or email Team@arqbotanics.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.