AMIKA PRIVACY POLICY

LAST UPDATED AND EFFECTIVE: August 8 2024

1. Our Collection of Your Personal Information

Amika LLC ("us", "we", or "our") offers and maintains the website(s) located at loveamikapro.ca, including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, YouTube, Google, Pinterest, TikTok and X and other platforms (collectively, the “Site”). When you visit the Site, you may choose to provide us with your personal information. Privacy laws in Canada generally define "personal information" as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. This Privacy Policy explains how we process and use your personal information, and it applies regardless of how you access the Site. Please take time to read this Privacy Policy carefully. Please also review our Terms of Use. We will notify you of any additional processing of your personal information that is not mentioned in this document.

BY ACCESSING OR USING THIS SITE OR BY CHECKING THE BOX PROMPT BEFORE SUBMITTING PERSONAL INFORMATION TO US, YOU INDICATE THAT YOU UNDERSTAND, ACCEPT, AND EXPRESSLY CONSENT TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.

2. Personal Information We Collect

When you visit the Site or otherwise interact with us, we may collect, use or disclose the following categories of personal information about you:

Provided directly by you

  • Identifiers, including name, alias, or other similar identifiers
  • Contact information, including business name, address, email address, telephone number, and other contact details
  • Birthday and/or age
  • Log-in and password
  • Content of your interactions with or messages to us, including applications, emails, chats, and communication through social platforms or other feedback
  • Audio, electronic, visual, or similar information, including sound or video recordings of your messages to our employees and visits to our Site
  • Product experience information, including any personal or customer health information you choose to share with us

Collected automatically with your use of the Site (“Log Data”) or provided by third parties or public sources, such as social media profile information

  • Device identifiers and information about or generated by your device, such as IP address, log files, log-information, browser type and browser version
  • Statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site)
  • Information about how you came to the Site
  • Data collected through cookies or other similar technologies discussed in more detail below
  • Internet or other electronic network activity information and behavioral information, such as your browsing history, search history, and interaction with advertisements

3. How We Use Your Personal Information

Customer Service

If you are a customer, we use your personal information for the purposes for which you provided it, including to:

  • Fulfill your product or service needs
  • Maintain your online account
  • Maintain our own accounts for billing and delivery
  • Enroll you in subscription services, such as email marketing
  • Advise you about products, services, offers, or events that may be of interest to you
  • Provide customer service to you

Internal Business Activities

We may also use your personal information or Log Data to administer our internal business activities, including to:

  • Design and arrange the Site content and functionality in the most user-friendly manner
  • Better understand customer trends and requirements and visitors to the Site
  • Monitor the safety of our products
  • Monitor and train to ensure quality customer service
  • Create anonymized and/or aggregated data to be used for marketing
  • Detect unauthorized activity on the Site
  • Manage your account
  • Offer you access to and secure our digital properties from unauthorized access, scams, malicious code, theft, losses, or other harms, including monitoring of your use and communications
  • Investigate violations of law and generally to protect the rights and interests of Amika, its employees, customers, and others
  • Comply with our legal obligations, including reporting safety data to Health Canada
  • Provide a service that is reliable, responsive and efficient.

Analytics

In addition, we may use third-party services and advertising networks, such as Google Analytics, that collect, monitor, and analyze Log Data to deliver online behavioral advertising that serves ads to you on our behalf on other sites throughout the Internet.

4. How We Share Your Personal Information

We will not share your personal information with third parties, except as described in this Privacy Policy or as otherwise allowed or required by law. By using the Site or submitting your personal information to us, you expressly consent to our sharing your personal information, as set forth below.

We may share your personal information with the following categories of third parties:

Amika affiliated entities

  • our parent companies, subsidiaries, and/or affiliates

Third-parties we engage to perform business-related functions for Amika or provide services to customers

  • third parties who provide services to our customers or with whom we partner to do business;
  • third parties who assist with our marketing, including chatbot applications, marketing agencies, and analytics companies, such as Google Analytics, that collect, monitor, and analyze Log Data;
  • third party providers of database, software, email, security, backup and disaster recovery services;
  • distributors;
  • our insurance carriers;
  • professional service providers, such as consultants, attorneys and accountants

Third parties to whom we disclose your personal information have agreed to be bound to maintain and use it securely for limited purposes and only in accordance with this Privacy Policy.

Social media platforms

  • including Facebook, Instagram, YouTube, Google+, Pinterest, TikTok, and X and application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products, and generate interest in our products and services among members of your social networks

If you use third party social media features available on our Site, we or the third party may collect or share your data, including your personal information. If you do not want us to be able to access information about you, including personal information, from Third Party Sites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites. We reserve the right to remove the personal information or other data of any person for any reason we, in our sole discretion, deem appropriate.

Successors who acquire your personal information

  • if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure

Government or third party lawyers

  • if required to do so by law or in our good faith belief that such action is necessary to:
  • comply with a legal obligation, such as to report an incident to Health Canada;
  • protect or defend our rights, interests, or property, or that of third parties;
  • prevent or investigate possible wrongdoing in connection with the Site or any of our parks;
  • act in urgent circumstances to protect the personal safety of users of the Site or the public; or
  • protect against legal liability.

Summary of Disclosures of Personal Information

The table below describes the categories of personal information that we may share with third parties, and the purposes of sharing it.

  • Category of Personal Information: Examples: Purposes: Shared with:
  • Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, or other similar identifiers. Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above Amika entities; service providers; social media platforms; government authorities if reporting is required
  • Consumer records information: Name, address, telephone number, financial information, medical information. Some personal information included in this category may overlap with other categories. Medical information is only collected if you report an adverse event and only shared if it is required to be reported to Health Canada. Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above Amika entities; service providers; social media platforms; government authorities if reporting is required
  • Internet or other similar network activity: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above Amika entities; service providers; social media platforms
  • Professional or employment-related information: Employer other employment-related information. Applicable to stylist and salon customers only Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; and other business purposes set forth in Section 3 above Amika entities; service providers; social media platforms

5. Your Rights About The Processing Of Your Personal Information

Subject to certain exceptions provided by law, you may have the following rights in relation to the personal information we hold about you. If you want to avail yourself of a right described below or have questions about, it you may contact us at info@loveamikapro.ca.

Your Right to Withdraw Consent

You have the right to consent or withdraw your consent to the collection, use, and disclosure of your personal information at any time, subject to exceptions defined by law. If you change your privacy preferences in the future, that will not limit the lawfulness of any processing performed based on your prior consent.

To stop email communications from, us you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages. If you choose to limit our use of your personal information, you may not have access to certain functionality of the Site, such as promotions, product information, or opportunities.

Your Rights of Access, Portability, and Correction

By law you have the right to request access to and to correct the personal information that we hold about you. You may access and correct some of your personal information by logging into your online account, if you have one. In certain circumstances, you may also have a limited portability right, whereby you may obtain personal information in a structured, commonly used format that you have directly provided to us or to ask us to transfer this to a third party of your choice. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information or to respond to a portability request, however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to, or portability of, some or all of the personal information that we hold about you or we may have destroyed erased or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to, or portability of, your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you delete your User Content from the Site, copies of your User Content may remain viewable in cached and archived pages or might have been copied or stored by other Users. Proper access and use of information provided on the Site, including User Content, is governed by our Terms of Use.

6. Notice of Financial Incentive

Amika offers customers the opportunity to participate in its Friends With Benefits Loyalty Program (“Friends With Benefits +”), which may provide benefits, including the opportunity to earn points that can be redeemed for discounted products on the Site, to those who choose to join. Those benefits are described along with other material terms and conditions in our Terms of Use. Our collection of customers’ personal information (including name, email address, and other personal information as described in Section 2 above) allows Amika to operate the Friends With Benefits and provide membership benefits. We use the personal information of Friends With Benefits to both award and redeem points. Otherwise, the types of personal information we collect from Friends With Benefits are generally similar to the types of personal information that we collect from customers who are not Friends With Benefits. The amount of personal information that we collect from a member or non-member may vary and is dependent on the level of interactions and engagement that the member or non-member has with us. The value of benefits to Friends With Benefits members varies significantly as individual members take advantage of benefits to varying degrees.

7. How We Secure Your Personal Information

We secure your personal information by: keeping personal information up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting personal information from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate physical, electronic, and administrative measures are in place to protect personal information. However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. Therefore, you should take special care in deciding what personal information you send to us electronically. For more information on the security of your personal information, please reference our Terms of Use.

8. How Long We Keep Your Personal Information

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information as long as necessary to carry out the purposes for which we collected, it including maintenance of your account, or to satisfy any accounting or legal requirements. To determine the appropriate retention period for the personal information we hold, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorized use or disclosure of your personal information, the reasons why we handle your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We may anonymize your personal information so that it can no longer be associated with you for internal business purposes, such as research or business intelligence, in which case we may use this information indefinitely without further notice to you.

You may terminate your account, unsubscribe to emails, and otherwise limit our use of your personal information by contacting us at info@loveamikapro.ca. However, we may retain your personal information for an additional period as is permitted or required under applicable laws. Even if we delete your personal information, it may persist on backup or archival media for an additional period of time.

9. How We Use Cookies

We use cookies on our Site. If you do not want cookies to be placed on your device, you can manage your cookie preferences in our cookie banner.

(a) What Are Cookies?

A cookie is a piece of information that is placed on your web browser or device when you access or use the Site. Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages.

(b) Why We Use Cookies

We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier. We use cookies to:

  • recognize when you are logged in to your account on the Site;
  • monitor and analyze how you use the Site or interact with us;
  • remember your preferences to make your online experience easier and more personalized;
  • route Site traffic to effectively distribute the Site workload across servers;
  • use analytics, such as Google Analytics, to help understand how visitors come to and use the Site, including through combination with third-party cookies of our service providers;
  • provide information to us about which advertisements you see and click or to show you ads on or off the Site; and
  • test new features.

How You Can Manage Cookies

You can opt out of and manage the use of cookies in a number of ways, either through your browser or via the third party placing the cookie. The following pages provide browser specific information:

Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among others. You can control your preferences directly with each such third party service provider.

To see how to opt-out of Google Analytics Advertising Features, visit Google Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out listed below). Google also provides a Google Analytics opt-out plug-in for the web. You can find more information on how Google Analytics works in this Google guide and on Facebook App Events here.

You can opt-out of several third party ad servers' and networks' cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada.

You can learn more about cookies at the following third party websites:

10. Data Not Covered By The Privacy Policy

The limitations in and requirements of this Privacy Policy do not apply to:

Third Party Sites: Any data you disclosed on websites not operated or controlled by us (“Third Party Sites”), even though we may provide links to them on the Site or in our emails. We are not responsible for the policies and practices employed by, or the content of, Third Party Sites. We suggest contacting those sites directly for information about their privacy policies and practices.

Anonymized Information: Any personal information that has been anonymized (i.e., that can no longer be used to directly or indirectly identify you) is not personal information under this Privacy Policy.

11. Personal Information of Children

We do not intentionally or knowingly collect any Personal Information from children under the age of thirteen (13), nor do we target our emails to them. Children under the age of thirteen (13) should not submit any personal information through the Site. We encourage parents and legal guardians to monitor their children's use of the Internet and instruct them to never provide Personal Information through the Site. If you believe a child under the age of thirteen (13) may have provided personal information to us through the Site, please contact us at info@loveamikapro.ca, and we will use reasonable efforts to delete it from the Site and our files.

12. International Privacy Laws

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

13. Changes To This Privacy Policy

We may occasionally make changes to this Privacy Policy. If we wish to use your personal information for a new purpose not covered by this Privacy Policy, we will provide you with a new Privacy Policy and notice explaining this new use prior to commencing the processing of your personal information pursuant to the new Privacy Policy and setting out the relevant purposes and processing conditions. If we change this Privacy Policy, your checking the box prompt before submitting personal information to us, or continued use of the Site after receiving the notice outlined above, will signify your consent to such changes.

14. Resolving A Complaint or Question

If you have a complaint or a question about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint. Please contact us at info@loveamikapro.ca. You have the right to make a complaint at any time to the relevant privacy regulator. We would, however, appreciate the chance to deal with your concerns before you approach the relevant privacy regulator, so please contact us in the first instance. In Canada, you can contact the Office of the Privacy Commissioner of Canada or the relevant provincial privacy commissioner for your province of residence.

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