privacy & legal

Dermalogica, Inc. (“Dermalogica”) respects your privacy. This Privacy Policy sets forth how we handle information we obtain from you and learn about you when you visit our websites, including our main site at http://www.dermalogica.com. This Privacy Policy addresses the following:

The information we collect:

• Access to your information by third parties;
• The choices that are available to you regarding how the information is used and to whom it is disseminated;
• Your rights to access and correct or update your personally identifiable information; and
• Our pledge to have reasonable security procedures that are in place to protect the loss, misuse or alteration of information under our control.

Information We Collect and How We Use It

Dermalogica may collect two types of information about you when you visit our site: personal information (including, by way of example only, your name, address, telephone number and email address) and non-personal, aggregate information (such as information regarding the pages on our site that you have visited and your IP address).

1. Personally Identifiable Information

The only personally identifying information that we collect and store about you is the information that you choose to provide to us. For example, we gather your personally identifiable information when you send us an email or a letter. We will use this information to respond to your email or letter. We also may use the information to send you notifications about our products and about Dermalogica events.

2. Non-Personally Identifiable Information

We collect and use non-personally identifiable information about you in the following ways:

3. Sharing Your Information With Third Parties

We may share your personally identifiable information (such as your name, address, email address and telephone number) with our affiliates without prior consent. We will not share your personally identifiable information with non-affiliated third parties without your prior consent.

4. Links

This website may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to read the privacy statements of each and every website that they visit. In general, you should be cautious about providing personally identifiable information to websites unless you trust the owner and operator of the website. This privacy statement applies solely to information collected when you visit Dermalogica’s family of websites.

5. Notification of Changes

If we decide to change our privacy policy, we will post those changes on our website so you will always be aware of what information we collect, how we use it and under circumstances we disclose it. It is your responsibility to check our privacy policy for changes periodically. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by way of an email, if you have provided us with an email address. You will then have a choice as to whether or not we use your information in this different manner.

6. Special Policy Regarding Information from Children Under Thirteen

Dermalogica is not targeted to children under the age of 13 and we do not knowingly collect personally identifiable information from any child under the age of 13 without parental consent. When we do receive such information, we delete it as soon as we discover it and do not use it or share it with third parties.

Choice

Dermalogica provides the following choices regarding the use of your information:

• You may choose not to provide us with any contact information.
• You may choose to provide us with personal information, but choose to opt-out from having your information shared with third parties.
• If you would like to unsubscribe to any of our services or would like us to remove you from any of our on-line mailing lists, please go to our subscription page or click on the “unsubscribe” link at the bottom of any of our email messages.
• You may access the personal information we have collected about you and correct any inaccuracies by pointing your browser to our subscription page

Cookies

Dermalogica may use cookies to facilitate your experience at our website. By way of example only, cookies may be used to facilitate entry into protected areas, or to remember user preferences. If you do not have cookies enabled in your web browser, some features of our website may not be available to you.

Security

We take precautions to protect your personally identifiable information from inadvertent disclosure and intrusion by third parties. Some of these precautions involve technologies like firewalls and secure access. If you have questions about the security at our websites, you can send an email to privacy@dermalogica.com.

Terms of Use Agreement

This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“User”) and Dermalogica, Inc. (“Dermalogica”) that governs your use of this website. By utilizing this Dermalogica website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.

Dermalogica may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

Privacy

Dermalogica may collect information about the Users of its websites. Collection of this information is governed by the Dermalogica Privacy Policy, which is available above.

User Conduct

User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features by the User. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Corporate Identification and Trademarks

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of Dermalogica and its affiliates unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without Dermalogica’s prior written permission. The use of Dermalogica’s Marks on any other website is prohibited.

Proprietary Rights to Content

All materials contained in this website are copyrighted except where explicitly noted otherwise. © 2008 Dermalogica, Inc. All rights reserved.

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is not permitted to copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without Dermalogica’s prior, express authorization.

User Submissions

User agrees that any materials (including without limitation, stories, text, pictures) submitted to Dermalogica become the sole property of Dermalogica, and that User has no rights of any kind in such materials. To the extent that such materials can not be transferred to Dermalogica, User grants Dermalogica a world-wide, royalty-free, and non-exclusive license to modify, use, display, distribute, sub-license, and publish such materials for any purpose.

Links to Third Party Sites

Dermalogica may provide Users with links to other websites. These third party sites are not under the control of Dermalogica and User acknowledges that Dermalogica is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Dermalogica shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. In general, you should be cautious about using materials, including software, provided by websites unless you trust the owner and operator of the website.

Limitation of Liability

USER EXPRESSLY UNDERSTANDS AND AGREES THAT DERMALOGICA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OR THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF DERMALOGICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties

Dermalogica makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Dermalogica make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, DERMALOGICA PROVIDES THIS SITE CONTENT “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DERMALOGICA OR ITS AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF DERMALOGICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

User agrees, at User’s expense, to indemnify, defend and hold harmless Dermalogica, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto. This indemnification does not apply to Dermalogica® brand skin care products.

Venue and Governing Law

This Agreement and the relationship between User and Dermalogica shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Los Angeles County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect. Arbitration By using our site, you agree that Dermalogica may, at its sole discretion, require you to submit any disputes arising from the use of this site, these Terms and Conditions, or our Privacy Policy, to final and binding arbitration under the International Arbitration Rules of JAMS, except that in all cases, the substantive law of California will apply. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other incidental damages.

Reservation of Rights

Any rights not expressly granted herein are reserved.