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Effective Date: July 18, 2023
The Costa Brazil Site is owned and operated by Amyris Clean Beauty, Inc. or any affiliate, which will also be referred to herein as, “Amyris”, “our”, “we”, “us”. The data controller of your Personal Information is Amyris, Inc.
Amyris’ registered office is located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608, United States.
1. OUR VALUES
Transparency. We want you to know what and how information is collected when you interact with our Store.
Data Integrity. We will take reasonable precautions to protect information we collect about you via the Store using adequate security measures and ongoing checks of our data storage infrastructure.
2. PERSONAL INFORMATION WE COLLECT
We collect the following information when you use the Store for the purposes, and relying on the legal basis, described below:
Account Information. We collect Personal Information when you create an account with us, make purchases, or sign up for a recurring subscription. To create an account, you will need to provide us with your name, email address and a password or agree to communicate the same by signing in using an authorized third-party website. Once you create an account, you have the option to add one or more addresses to your account address to expedite the checkout process for purchases you make through the Amyris Store. If you reside in the United States, you may also elect to provide us with your telephone number to receive SMS messages from us. Our Terms of Service contain further information about how we would use your telephone number in these circumstances. You can update or delete any of the addresses you add to your account.
Purchase Information. When you buy one of our products through the Store, we will need to collect your shipping and billing address to fulfill your order. To complete your purchase, you will need to provide either a credit card or use one of our payment partners, such as PayPal, Amazon Pay, or Afterpay.
As part of processing a return, fraud prevention or for other legitimate purposes (including for compliance with legal obligations), you may be asked to provide government issued identification numbers, such as driver’s license number.
Rewards Program. If you create, or have already created an account with us, you may be eligible to participate in certain rewards program (“Rewards Program”), which will provide you with access to rewards, based on your annual spend in our Store. We will use your Personal Information (including your name, email address, details of your purchases and how much you spend in our Store) and other information in our legitimate interests to administer our Rewards Program, including to monitor your expenditure with our Store, to provide you with rewards and to enable you to redeem them and to communicate with you about the Rewards Program. If you do not want to take part on our Rewards Program, you can opt-out and withdraw your consent at any time by contacting us using the details provided below or as specified in the Rewards Program Terms and Conditions. You will also have the option to provide us with your birthday, to receive a birthday gift if you make a qualifying purchase in that month.
Product Reviews on the Site. You may submit product reviews to appear on the Site. If you submit a review, we will collect your first name and last initial, email address and any information you choose to submit in your review. Although we will not display your email address, your first name, last initial and review will be publicly available through the Store. Please be mindful not to post information if you aren’t comfortable with it being public.
Registration for Contests and Sweepstakes. Occasionally, we may run contests or sweepstakes. We may ask those who enter in the contests or sweepstakes to provide Personal Information (e.g., an e-mail address). If you participate in a contest or sweepstake, your Personal Information may be used to reach you about the contest or sweepstakes, to comply with legal reporting requirements and for other marketing and business purposes.
Surveys. We may contact you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily and we may use your survey responses for other marketing and business purposes.
For the processing operations carried out jointly for the purpose of on-platform optimization and reporting, as well as for advertising purposes, we and Facebook Ireland Limited (“Facebook”) act as joint controllers and, to this end, we have entered into a joint controllership agreement that sets out our respective responsibilities regarding compliance with our obligations under the Regulation (EU) 2016/679 (“GDPR”) (available at this link). According to this agreement, we are responsible for providing you with the information referred to in Articles 13 and 14 GDPR, while Facebook is responsible for responding to your requests to exercise your rights under Articles 15-20 GDPR with respect to the personal data stored by Facebook as a result of the processing. In any case, you may exercise your rights with reference to the data processing carried out with Facebook also directly to Facebook.
Further information on how Facebook processes personal data, including the legal basis Facebook relies on and the ways to exercise data subject rights against Facebook, can be found in Facebook’s Data Policy at https://www.facebook.com/about/privacy.
Security. Server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Store.
Your Referrals. If you use our “Refer a Friend” program or other referral programs to send promotional messages to one or more of your contacts, we will collect the recipient’s email address and use it solely to send the referral message. We will let the recipient know we sent the referral at your request and that we received his/her email address from you. The person you referred may contact us at email@example.com to request that we remove this information from our database; nevertheless, we recommend that you inform the referred person prior to the communication of his/her data to us and that you refrain from communicating his/her data to us in case he/she does not want you to proceed.
Browsing Information. We collect certain information about your use of the Site, including the areas or web pages you viewed on our Site, the Amyris products you viewed or purchased, your IP address, details about your browser or device, and other information about your browsing behavior (collectively, “browsing information”). We use browsing information to improve the design and content of our Site, to suggest content and products that we think may be relevant to you, and to help us learn things like what pages are most attractive to our visitors, what promotions visitors like to see, and to measure the success of our advertising campaigns. We collect browsing information and allow third parties to collect such information through cookies, pixel tags, web beacons, local storage, and other tracking technologies (collectively, “Technologies”) as further described below.
Information from Other Sources. We may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you for the purposes of tailoring content and products that we think may be relevant to you.
Legal basis for processing. The above processing activities will be carried out only when one or more of the following legal bases apply:
- the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract (e.g. “Account information”, “Purchase information”, “Rewards Program”, “Communications with Us”, “Product Reviews on the Site”, “Registration for Contests and Sweepstakes”);
- you have provided your consent to one or more processing activities (e.g. “Rewards Program”, “Survey”, “Interaction with Us on Third Party Services”, “Browsing Information” – when consent is required –, “Information from Other Sources”, “Access to Camera, Video Chat, and Photo Collection”);
- the processing is necessary for compliance with a legal obligation to which we are subject (e.g. “Purchase information”, “Registration for Contests and Sweepstakes”, “Security”);
3. COOKIES, WEB TECHNOLOGIES, AND ANALYTICS INFORMATION.
Like many websites, our Store uses automated data collection Technologies, including cookies, to collect certain information. We, as well as third parties, use these Technologies as follows:
Cookies and Web Technologies (the “Technologies”). A “cookie” is a small text file that identifies your computer or device. When you visit our Store, unique cookies are placed on your browser. A web beacon is a technology with a unique identifier that is typically contained in a small graphic file in a web page or in an email. We may use these Technologies to identify that you’ve logged into the Store, to hold selected products in your shopping cart when you navigate away from the order page, to suggest content and products that we think may be relevant to you, and to monitor aggregate usage of our Store. We also use these Technologies to measure the effectiveness of our advertising campaigns and to improve our Store by recognizing which pages are visited and whether those visits result in purchases.
More in details, the Technologies installed on the Store include:
- Strictly Necessary Technologies, which are necessary for the Store to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these Technologies, but some parts of the site will not then work. These Technologies do not store any personally identifiable information.
- Performance Technologies, which allow us to count visits and traffic sources so we can measure and improve the performance of our Store. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these Technologies collect is aggregated and therefore anonymous. If you do not allow these Technologies we will not know when you have visited our site, and will not be able to monitor its performance.
- Functional Technologies, which enable the Store to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these Technologies then some or all of these services may not function properly.
- Targeting Technologies, which may be set through our Store by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverting on other sites. They may store directly Personal Information, and are based on uniquely identifying your browser and internet device. If you do not allow these Technologies, you will not experience targeted advertising.
You can change your cookies settings for the majority of cookies used on our website through our cookie preference center.
Where we allow third parties to drop cookies, we do not necessarily have absolute control over those cookies or the data collected. To make any requests related to the third parties that may drop cookies on the Store, you may also contact us at firstname.lastname@example.org.
Interest-Based Advertising. So that we can better target our advertising to individuals’ interests, we work with advertising partners who may use Technologies, including cookies to gather browsing Information about you when you use our Store. Section 6 ‘Choices Regarding Your Information’ below contains further information about these activities.
Analytics. We may also use Google Analytics, Hotjar, Lucky Orange, TikTok, Meta, Pinterest, and other service providers to collect information regarding visitor behavior and visitor demographics on our Store. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s processing of data generated by your use of the Store by visiting http://tools.google.com/dlpage/gaoptout.
4. HOW WE USE THE INFORMATION WE COLLECT
We use information we collect for the following purposes:
We use information collected to provide and operate Amyris, to facilitate your online shopping, to enable purchases and process payments, to operate the Site features, to communicate with you (e.g., for customer support), to administer our Rewards Program, to implement your requests (e.g., referrals), on-platform optimization and reporting, to improve customer experience through personalization of products and their application, and to tailor and send you marketing materials.
We use your browsing and other information to help us analyze our Store and offerings.
We use your browsing, shopping, and other information to enhance your use of our Store and provide you with interest-based advertising.
We may use your email address to contact you about your account, and any relevant information about the Store (e.g., security updates or issues, etc.).
We may use information you post in public areas to provide you with an interactive social media experience that brings aspects of your social networking community into your Store experience.
We may use information we collect for our own and our affiliate companies’ legitimate interests, such as direct marketing, research (including marketing research), network and information security, to detect security incidents, and to investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate or violate our policies, procedures, and terms and conditions.
We may use the information we collect for any other purpose that was disclosed to you at the time it was collected or for other purposes where these are not incompatible with the disclosed purposes or where we otherwise have your consent.
5. INFORMATION WE SHARE
Trusted Service Providers. We may share your Personal Information with third-party service providers we engage to help us administer and operate the Store (including our Rewards Program), to process and fulfill your orders, and to communicate with you. The types of vendors to whom we entrust Personal Information include: (i) IT services, including hosting our Store and the provider of our Rewards Program platform; (ii) communications service providers who help us send newsletters and other marketing emails and SMS messages; (iii) payment processing and order fulfillment services; and (iv) providers of customer support services. These service providers have access to your Personal Information only for the purpose of performing services on our behalf. Brand will not purchase consent, or sell, rent or share consent to opt-in to the brand’s mobile SMS/texting program.
Business Partners and Affiliates. We may share Personal Information with companies that are under common ownership or control with us (e.g., Amyris subsidiaries or parent companies) to provide you with a product or service that you have requested or that we believe may be of interest to you or similar purpose as described herein. We require our affiliates not to use Personal Information for any other purpose other than the purpose as directed.
Marketing – Interest-Based Advertising and Third-Party Marketing. As described above, we may allow Third-Party advertising partners to use web Technologies to collect information about your browsing Information for interest-based advertising. You may opt-out and withdraw your consent to such sharing at no cost by following the instructions below.
Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We or our service providers may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable (subject to applicable privacy laws) or (viii) as otherwise may be required or permitted by applicable U.S., Canadian, or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Store. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
6. CHOICES REGARDING YOUR INFORMATION
Your Personal Information
With your Personal Information, such as information you give us to fulfill an order or to participate in a contest or sign up for an online offer, we will always allow you to change or correct your information and the choice of not receiving marketing from us. There are different ways you can control our use of any submitted Personal Information in connection with promotional communications.
You will have the option when you set up an account or click on “Sign In” from any page on the Site, to access, correct or update your choices and settings.
You do not have to provide us with your Personal Information, but if you do not provide us with certain information, we will not be able to provide you with the products or services that you have requested or deal properly with any enquiries or complaints raised by you. Information that are necessary are clearly marked on the Store.
If you receive email marketing communications from us and want to opt out of receiving such communications in the future, you can opt out and withdraw your consent by clicking a link at the bottom of the promotional email that will allow you to unsubscribe or by contacting us using the details below. You may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or shipping information, as these are communications necessary for us to comply with legal obligations and to perform our contract with you and/or reply to your requests.
If you have any difficulty managing your communication preferences, please email email@example.com.
Our systems do not recognize browser “Do Not Track” signals. However, you may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. Please note however that in most cases opting out drops an “opt-out cookie” on your browser. As a result, if you delete cookies or use a different computer or browser, you’ll need to renew your opt-out choice.
To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice.
You may also exercise control over presentation of personalised adverts on social media platforms that we allow to deploy Technologies on the Site and see for more information on how these social media platforms use your information, by visiting:
- Facebook: https://en-gb.facebook.com/privacy/explanation
- Instagram: https://help.instagram.com/519522125107875
- Twitter: https://twitter.com/en/privacy
- YouTube: https://policies.google.com/privacy
If you would like to control the use of information about you collected by Facebook from third party websites you can visit Facebook's 'Off-Facebook' privacy settings here: https://en-gb.facebook.com/off-facebook-activity
Please note that, in limited circumstances, you may see Amyris advertisements on other sites even if you have not provided us with your consent to cookie placement. This is because we purchase advertising space on other sites based on the types of users visiting those sites. You may see an Amyris advertisement if you happen to fall within the category of users identified to be displayed the advertisement.
Right of Access, Rectification, Erasure, Restriction and Portability
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; and (vi) request erasure of Personal Information held about you by Amyris, subject to certain exceptions prescribed by law; and (vii) withdraw your consent you have provided to our use of your Personal Information. Where you withdraw your consent, we will stop using your data for the specific purpose, unless we have an alternative legal basis to use it. Where applicable law allows, a small administrative fee may be requested for obtaining copies of Personal Information.
Right to Object
In accordance with applicable law, where we are processing your Personal Information on the basis of our legitimate interests, you can ask us to stop processing it and we must do so unless there is an overriding legitimate reason to continue processing it or the processing is needed for the establishment, exercise or defense of legal claims.
These rights vary depending on where you reside and Amyris will make reasonable efforts to honor your request, even if your country or state does not require us to do so. If you ask us to delete or stop using your Personal Information, we may not be able to honor that request if the information is required to process your payments or returns; fulfill your order; or comply with tax, audit, regulatory requirements or other exceptions prescribed by law. We will process such requests in accordance with applicable laws. To protect your privacy, where necessary, Amyris will take steps to verify your identity such as requesting a copy of your government issued identification before fulfilling your request.
California Privacy Notices
Amyris does not sell Personal Information about its customers who reside in California or in any other jurisdiction.
In addition, if you are a California resident under 18 years old and a registered user of the Store, you can request that we remove content or information that you have posted to our Store. Please note that responding to your request may not ensure complete or comprehensive removal from the Store (e.g., if the content or information has been reposted by another user). To request removal of content or information, please contact us at the email below.
Our Store is not directed to individuals under the age of 13, 16, or in certain jurisdictions, under 18 (“Children” or a “Child”), and we do not knowingly collect Personal Information from Children. If we become aware that we have inadvertently received Personal Information from a Child, we will delete such information from our records.
7. DATA INTEGRITY
Safeguarding Your Personal Information
We maintain physical, technical, and administrative safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through our Store also by implementing adequate security measures as required by the applicable laws, we cannot and do not guarantee the security of any information you transmit on or through our Store, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
When you register for the Store, we ask you to set up a password that you can use to access your information. If you want to cancel your password or change it, or something happens to your password, click on “Sign In” from any page on our Store, so you can access, correct or update your choices and settings from within your account.
We use Secure Socket Layer (SSL) and/or Transport Layer Security (TLS) or similar industry standard technology to encrypt transmissions of sensitive information from your computer to our servers. However, when you communicate with customer service via email on our website, these communications may be handled via unsecured transmissions or by third party service providers. Please be aware that information provided (such as email address, payment information, etc.) may be accessible to others. For that reason, we ask that you protect yourself and not share sensitive information via these communication channels.
International Data Transfers
The information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, Brazil, the United States, the European Union or other countries in order to provide and operate the Store. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. If you are located in the European Economic Area or UK, your Personal Information will be transferred only when a level of protection essentially equivalent to that guaranteed within the European Economic Area or UK (as applicable) is granted (e.g. in case the country of destination of the Personal Information is an “adequate country” pursuant to a European Commission or UK government adequacy decision; or when the standard contractual clauses adopted by the European Commission or approved by the Information Commissioner’s Office (ICO) in the UK have been executed and additional safeguards have been implemented).
By using the Store, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information, browsing information, and that communications will be governed by any applicable laws, including the ones applicable in the United States. Use of the Brazilian Store (including the collection, use, transfer, and disclosure of your Personal Information, browsing information, and communications) will be governed by the laws of Brazil.
If you are in the European Economic Area, you have the right to lodge a complaint with a privacy authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you believe our processing of your Personal Information violates applicable law.
If you are in the United Kingdom, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO) if you believe our processing of your Personal Information violates applicable law.
If you are located in Brazil, the Brazilian General Data Protection Law (Law No. 13,709/2018) or (“LGPD”) and its subsequent amendments may be applicable to you. The LGPD guarantees specific rights and Amyris complies and respects such rights in accordance with the LGPD. If you have any questions concerning our privacy practices in Brazil, please contact firstname.lastname@example.org or send a message through our website’s Contact Us page.
If you have any questions about our privacy or security practices, or if you would like to exercise any of your privacy rights (e.g. request access to or correction of your Personal Information), you can contact us at email@example.com. You may also write to us at the following address:
Attn: Privacy Team
5885 Hollis St #100, Emeryville, CA 94608
If we need, or are required, to contact you concerning any event that involves your Personal Information we may do so by e-mail, telephone, or mail, at the email or mail supplied by you when opening an account at the Store or if applicable, at the telephone number you may have provided when signing up to receive SMS messages.
Amyris wants to offer you the best possible internet experience; consequently, additional functions, features, products, or services are incorporated into the Store from time to time.