Through the Site and/or the Application(s), we are providing you with information about products and services offered at independently owned and operated Namaste Nail Sanctuary® franchised locations (“Franchised Locations,” and each, a “Franchised Location”), including nail services, along with (a) the ability to schedule, modify, and/or cancel appointments with any Franchised Locations; (b) provide information to and complete forms with your Franchised Location regarding nail services; (c) enter into and use benefits under any member agreement entered into with your Franchised Location; (d) purchase and/or redeem gift cards at Franchised Locations; (e) purchase services or product at any Franchised Location as a guest; (f) view information about and find the Franchised Location nearest you; (g) request franchise information; and (h) complete customer satisfaction surveys about any Franchised Location (collectively, the “Service(s)”).
We and/or Franchised Locations may collect information about you directly from you and from third parties, as well as automatically through your use of the Site, Application(s), and/or Service(s).
Information collected directly from you:
When you use the Site, Application(s), and/or Service(s), certain areas or features may require you to provide personal information. If you request an appointment at a Franchised Location, that Franchised Location collects your name, email address, phone number, etc. (“Personally Identifiable Information” or “PII”), and information about your desired appointment (e.g., your desired date, time, and services). If you make a purchase through the Sites, we will collect your payment information, including your PII and billing and shipping information. We also collect information from you when you contact us such as if you request information about an independently owned and operated Franchised Location. When you contact us, we may request your PII, geographic location, and information about the purpose of the contact and collects this information.
If you make a reservation through the Application(s), the Franchised Location at which you make a reservation will collect your PII and payment information. If you contact a Franchised Location, that location may also collect information, including your PII. When you contact a Franchised Location, that location may request your name and other PII, geographic location, and information about the purpose of your contact.
Other instances where you may provide Your Information include purchasing memberships or gift cards, creating, manipulating or updating accounts on or through the Site or Application(s), completing surveys, purchasing other products or services, participating in forums or submitting User Generated Content, accessing our or a Franchised Locations Wi-Fi System or other systems and platforms in connection with the Site, Application(s), and/or Service(s), signing up for promotions or to receive newsletters or other materials about or otherwise for any reason associated with our business.
We invite you to post content on the Site, including your comments and any other information that you would like to be available on the Site, which may become public. If you post content on the Site, all of the information that you post will be available to authorized personnel of us and Franchised Locations. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Site, Application(s) and /or Service(s).
In addition, if you are a prospective franchisee, we may collect detailed information about you including PII, and general financial information such as liquidity and assets, to evaluate your qualifications for a Namaste Nail Sanctuary® franchise.
Information collected from third parties:
We and/or Franchised Locations also may collect Your Information from third parties. For example, if someone purchases a gift card through the Site, we may collect the recipient’s and the purchaser’s PII and the purchaser’s payment information.
From time to time, you may interact with third-party sources in connection with the Site, Application(s), and/or Service(s), and we may therefore collect information about you from these sources. Third-party sources may include social media websites (i.e., Facebook, LinkedIn, Twitter, Instagram, Snapchat or others), blogs, other users, our third-party service providers and our other business partners. For example, if you use, access or interact with the Site or Application(s)on or through a social media website or any features of such social media website (such as a Facebook Like button), then we will receive certain information about you from the social network automatically. The information that we will receive depends on the social network and your privacy settings.
We and/or a Franchised Location may also supplement or verify information about you from a service provider.
Information collected automatically:
We may automatically collect the following information about your use of the Site, Application(s), and/or Service(s) through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Site, Application(s), and/or use the Service(s); and the referring URL or the webpage that led you to the Site. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service.
We and/or Franchised Locations may combine this information with other PII collected from you (and third-party service providers may do so on behalf of us or Franchised Locations). Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. Visitors to the Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
HOW YOUR INFORMATION IS USED
We and/or Franchised Locations may use Your Information, including your PII, for the following purposes:
Neither we nor Franchised Locations will share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. We and/or Franchised Locations may share your personal information with third parties in the following instances:
We and/or Franchised Locations shall disclose PII when required by law or under the good-faith belief that such action is necessary under applicable law. We and/or Franchised Locations may disclose PII in order to establish or exercise its or their legal rights or defend against legal claims. We and/or Franchised Locations also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect our and/or Franchised Locations’ property or interests or that of their agents and employees, and to protect guests of a Franchised Location, personal safety, and/or the public.
In addition, since our database is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer Your Information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable. We also may provide your information to our affiliates and related entities without restriction.
Aggregate Information (non-personally identifiable):
We and/or Franchised Locations may share some aggregated demographic information (age, zip codes) with some of their partners. This is not linked to any PII. We and/or Franchised Locations may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.
Third-Party Service Providers:
We and/or Franchised Locations may disclose information about individual users to third parties who provide services to us and Franchised Locations or have a contractual relationship with us or a Franchised Location. These third parties provide a variety of services to us and/or Franchised Locations, including, without limitation, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information we and/or Franchised Locations collect about customers of the Franchised Locations. We and/or Franchised Locations may also use third-party email providers to assist with sending marketing emails for us or on behalf of Franchised Locations.
Currently, the Site and Application(s) do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section below.
Third-Party Ad Networks:
COMMUNICATIONS FROM THE SITE AND/OR APPLICATION(S) AND YOUR CHOICES
Transactions and Service Announcements:
Users who make a purchase or reservation through the Site and/or Application(s) will receive a number of emails throughout the transaction process and they may sometimes receive phone calls from our Customer Service Department and/or Franchised Locations to ensure smooth transactions. We and Franchised Locations may also occasionally send out service-related announcements, for instance, if service on the Site is temporarily suspended for maintenance. Generally, these communications are not promotional in nature, and users will receive them as long as their accounts are open.
Special Offers, Newsletters, and Updates:
Out of respect for the privacy of users, we and Franchised Locations present the option to not receive these types of communications, as explained in the Choice and opt-out section below.
Choice and opt-out:
A user can change their opt-in or opt-out status in several ways:
We and Franchised Locations take reasonable precautions to protect users’ information. When users submit information via the Site and/or Application(s), we and Franchised Locations take steps to protect users’ information both online and off-line.
The Site and/or Application(s) may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and the Namaste Nail Sanctuary Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information. You hereby acknowledge and agree that the Namaste Nail Sanctuary Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the Namaste Nail Sanctuary Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.
SPECIAL INFORMATION FOR CALIFORNIA CONSUMERS
Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at: [email protected].
California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.
CHILDREN UNDER 13
We do not knowingly collect personally identifiable information by anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13. If we learn that we have inadvertently gathered information from anyone under the age of 13, we will take reasonable measures to promptly remove that information from our records.