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PRIVACY POLICY

Last Updated: November 14, 2016

Rodan & Fields, LLC, including all its subsidiaries, such as Rodan & Fields Australia Pty Ltd and affiliates, (“Rodan + Fields,” “we,” “our,” and “us”) are concerned about privacy issues and want you to be familiar with how we collect, use and disclose Personally Identifiable Information (as defined below) about you that you provide us on or through the Rodan + Fields website (or any of our international websites or applications) and any products, services software, tools, applications, features or functionality offered on or through the website (including any Rodan + Fields Independent Consultant (“Consultant”) personal web pages provided through the website), (the “Site”). We may add additional Sites from time to time as we expand our offerings and this Privacy Policy will govern those new Sites when added. You may be accessing our Site from a computer or mobile phone device (through an iPhone or iPad application, for example) and this Privacy Policy governs your use of our Site regardless of the means of access. We also like to interact with you on third party sites where we post content or invite your feedback, including sites such as Facebook, Twitter, Pinterest and YouTube (“Third Party Sites”). This Privacy Policy covers all collection, use and disclosure of Personally Identifiable Information, whether through the Site or otherwise.

By using the Site, you agree to the terms of this Privacy Policy and our Terms and Conditions. If you do not agree to the terms of this Privacy Policy and our Terms and Conditions, please do not use the Site.

1. Collection of Information by Rodan + Fields

Rodan + Fields collects two basic types of information through the Site: "Personally Identifiable Information" ("PII") and "Non-Personally Identifiable Information" ("Non-PII"). Personally Identifiable Information is information about an identified individual, or an individual who is reasonably identifiable, and can include names and addresses. In addition, Rodan + Fields may collect a subset of PII, known as “sensitive information,” which may include health information about an individual. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

a. Customer Personally Identifiable Information

You do not have to provide PII to use the Site. You are able to visit our Site anonymously and, on some occasions, you may be able to interact with us anonymously or by using a pseudonym. However, to take advantage of particular opportunities provided through the Site (for example, to sign up for newsletters), or to place orders for Rodan + Fields products, we may require that you furnish PII. We collect PII from you through the Site only when you voluntarily provide it to us. For example, if you decide to complete a user registration form, complete an online survey or make a purchase, you may be asked to provide certain information such as your contact information (name, email address, mailing address and telephone number). If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. To protect PII, users registering at the Site must also enter a user name/email address and password. By making a purchase, you become a registered user of rodanandfields.com.au. Once you are a registered user, information needed to make a purchase is stored in your account—such as your credit card number, shipping and billing addresses. If you change your mind about storing this information, you can email Sales Support at salessupportau@rodanandfields.com to amend or delete this information. If you would prefer that we not collect any PII from you, please do not provide us with any such information.

When you submit PII on the Site, you are giving your consent to the collection, use and disclosure of PII about you as set forth in this Privacy Policy.

Under the Australian Privacy Act, some types of PII are treated as “sensitive information”. PII about a person’s racial or ethnic origin, political opinions or memberships, religious or philosophical beliefs or affiliations, professional or trade association or union memberships, sexual orientation or practices, criminal record or health (including genetic and biometric information) is considered sensitive information. If you expressly consent to provide sensitive information to us for any reason (for example if you provide us with health information such as information about allergies or physical reactions to Rodan + Fields products) you consent to us collecting, using and disclosing that information for the purpose for which you disclosed it and as permitted by the applicable laws. We will handle any sensitive information that we receive in accordance with this Privacy Policy.

b. Consultant Personally Identifiable Information

In order to become a Rodan + Fields Consultant, Rodan + Fields must collect certain PII, including your name, address and birth date. This information is necessary for the enrolment process and to allow Rodan + Fields to conduct its business and to provide you with products and services. When you submit PII in your enrolment application, you are giving your consent to the collection, use and disclosure of PII about you as set forth in this Privacy Policy.

c. Non-Personally Identifiable Information

When you visit and interact with the Site, Rodan + Fields and third parties with whom Rodan + Fields has contracted to provide services may collect Non-PII (for example, a catalogue of the Site pages you visit). Non-PII is generally collected through the Site from five different sources: (i) server log files; (ii) environmental variables; (iii) cookies; (iv) pixel tags and other similar technologies; and (v) information that you voluntarily provide.

i. Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, administering the Site, analysing trends, administering the Site, tracking traffic patterns, and gathering demographic information for aggregate use. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. If you access a Rodan + Fields website or application via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, location, and other similar mobile device data.

ii. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimise your experience on the Site.

iii. Cookies and IP Addresses. We and our service providers may use “cookies” on the Site. Cookies are data that a web server transfers to an individual's computer for record keeping purposes. Cookies are an industry standard used by most websites, and can facilitate users' ongoing access to and use of a particular website; cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. We are continuously working to make your experience on our Site better. To this end, we generally use Google Analytics (or other similar web analytics tool) to assist us in better understanding your use of our Site. Such web analytics tools may place cookies on your computer to collect information on our behalf that will show us how you come to our site and how you use and navigate our Site. Some of our other business partners and service providers may also use cookies on the Site. However, we have no access to, or control over, these cookies and do not accept any responsibility for such use.

iv. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.

v. Information That You Voluntarily Provide. Rodan + Fields also collects other information(e.g., your interests, your geographic location, age group, gender and product and/or cosmetic concerns, and the brands and products that you use) when you voluntarily provide such information to us. To the extent any such information constitutes PII or sensitive information, Rodan + Fields will treat the information in accordance with this Privacy Policy. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by calculating the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Privacy Policy. Please note that, if we combine any Non-PII with PII, the combined information will be treated by us as PII as long as it is so combined.

2. Use of Personally Identifiable Information by Rodan + Fields
a. Personally Identifiable Information. We may use PII in the following ways:

i. Fulfilment of Requests. Rodan + Fields may use PII about you for the purposes detailed in this Privacy Policy including to send newsletters to you or fulfil your purchase.

ii. Payment of Commissions and Other Consultant Business. Rodan + Fields may use your PII for business purposes. Such uses may include the payment of commissions to Consultants, recognition and awards or communications to Consultants regarding their account status.

iii. Administrative Communications. From time to time we may use PII about you to send to you important information regarding the Site, or changes to our terms, conditions, and policies. If you have elected to provide us with your contact information, for example, by registering on the Site, emailing our Sales Support department or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests or your order. For example, all registered users will receive a welcome email to confirm their registration. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that Rodan + Fields offers its customers. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications unless you explicitly withdraw your consent to our use of your PII as outlined in this Privacy Policy.

Likewise, if you have contacted us with a product or health concern and have elected to provide us with sensitive information, we may use this information to respond to your query and track any reported issues relating to product concerns, or any other purpose that was disclosed to you at the time of collection.

iv. Other Communications. With your consent (express or implied), the PII that you provide may be used by Rodan + Fields to create and deliver to you emails such as our newsletters, surveys or other email messages containing product and event information, cosmetics tips or promotions (“Promotional Emails”). If you prefer not to receive such emails, please see Section 10 (Choice/Opt-Out) below. You may receive the benefit of hearing from Rodan + Fields via postal mail or phone even if you have opted-out from receiving Promotional Emails, unless you explicitly withdraw your consent to our use of your PII as outlined in this Privacy Policy.

v. Purchases. When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address and other information related to your purchase (collectively, "Payment Information") from you, and may use your Payment Information in order to fulfil your purchase.

vi. Emails to Friends. We may provide functionality to permit you to send messages regarding Site-related content to a friend through the Site. If you wish to use this feature, you may provide us with your friend’s email address so that we can facilitate your sending of such messages to your friend.

vii. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about Rodan + Fields’ use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of your PII conflict with this Privacy Policy, the terms and conditions of such rules shall control.

viii. Internal Business Purposes. We may also use your PII for our internal business purposes, such as data analysis, audits and so forth.

b. Non-Personally Identifiable Information. We may use the information that you provide in aggregate (Non-PII) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain Non-PII concerning your use of the Site, such as information regarding which of our pages are most popular. We may share or transfer Non-PII with or to our Consultants, licensees and partners and we reserve the right to share such Non-PII, which does not personally identify you, with Consultants and other third parties, for any purpose.

c. In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated by us as PII as long as it is so combined (see Section 2(a) above).

3. Disclosure of Personally Identifiable Information
a. Service Providers

We work with third parties who provide services including but not limited to data analysis, order fulfilment and other services of an administrative nature and professional advisors, such as lawyers and accountants. We may share PII about you with such third parties for the purpose of enabling these third parties to provide services to us. Such service providers may include customer support specialists, webhosting companies, fulfilment companies (for example, companies that fill product orders or coordinate mailings), data analysis firms and email service providers. Such third parties may be provided with access to PII needed to perform their functions, but may not use such information for any other purpose. Our employees and service providers may be located in foreign jurisdictions, including in the United States. Please be aware that the data protection laws in these foreign jurisdictions may not be as comprehensive as those in Australia. By acknowledging that you have read and accepted this Privacy Policy, you consent to the transfer of PII and agree that Rodan + Fields will not be liable for any mishandling by the overseas recipient.

b. Communications to Consultants

When you submit PII on this Site, the information that you provide may be shared with Consultants if you consent by choosing to be associated with a Consultant. If you choose, we may share your name, phone number, email address and order information, including credit card information, with Consultants. Consultants may use this information for the purposes outlined in this Privacy Policy, including to follow up on orders you placed on the Site or contact you with other special offers from Rodan + Fields.

In addition, Rodan + Fields will share Consultant PII with other Consultants, including a Consultant's upline up to ten levels in the Consultant's upline or six levels in any pre-enrolee's upline (if applicable) for the purpose of conducting business related to the Rodan + Fields program. For example, such disclosures may be for the purposes of enrolling a new Consultant, reporting on sales or for the purposes of recognition, incentives and rewards.
By enrolling as a Consultant, you agree that R+F may share your PII, in the manner indicated above.

c. Third-Party Marketing

We will not provide your PII to third parties for their use in marketing third-party products or services to you without your consent.

d. Emails to Friends

Please note that any PII that you provide in connection with sending messages regarding Site-related content to a friend through the Site, such as your name and your email address, will of course be disclosed to your friend.

e. Promotions

We may share the PII that you provide in connection with Promotions with third parties sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor's or other third parties' use of PII. To the extent that the terms and conditions of such rules concerning the treatment of PII conflict with this Privacy Policy, the terms and conditions of such rules will control.

If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to our Site, the rules or terms and conditions for those events may indicate that PII about you will be shared with third parties. By choosing to participate and submitting PII with respect to such events, you consent to disclosure of PII about you to such third parties. Rodan + Fields is not responsible for and disclaims all liability for any use of the information that you choose to provide to such third parties.

f. Assignment

We reserve the right to transfer any and all information that we collect from Site users to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings) of Rodan + Fields or any of its subsidiaries or affiliates.

g. Law Enforcement; Emergencies; Compliance

Notwithstanding any other provision of this Privacy Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate: (a) to law enforcement bodies, courts and as otherwise required by law, including to comply with legal process; (b) for regulatory purposes and to respond to governmental requests; (c) to enforce our Terms and Conditions; (d) to protect our operations; (e) to protect the rights, privacy, safety or property of Rodan + Fields, its subsidiaries and affiliates, you or others; and (f) to permit us to pursue available remedies or limit the damages that we may sustain. We may disclose any information, including PII, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including PII, with other companies and organisations for credit fraud protection, debt collection and risk reduction.

4. Links

The Site may contain links to third-party websites. These linked sites are not under Rodan + Fields' control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Rodan + Fields. If you provide any PII through any such third-party website, your transaction will occur on the third party's website (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarise yourself with the privacy policies and practices of any third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE CONSULTANTS.

5. Security

We realise that our customers trust us to protect their personal information. We take that task seriously. We maintain physical, electronic and procedural safeguards to protect your personal information. We implement various security measures and tools, such as firewalls, to help protect against the loss, misuse and alteration of the information under our control. For example:

  • We use industry-standard Secure Sockets Layer (“SSL”) authentication to guarantee the confidentiality of online transactions made on our site. SSL authentication and encryption of the information that you send to us over the Internet help protect your online transaction information from third-party interception.
  • We never display your full credit card number once it is entered. We will only reveal the last four digits of your credit card for verification purposes.

Data transmission over the Internet or data storage system cannot be guaranteed to be 100% secure. There is always a risk that third parties may unlawfully intercept transmissions. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised), please notify us of the problem by emailing us at privacy@rodanandfields.com.

Measures You Can Take

It is important for you to play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never to reveal it to anyone else. If you use a shared or public computer, never choose to have your login ID or password remembered and make sure to log out of your account every time you leave the computer.

7. Other information

The Site is controlled and operated by Rodan + Fields from the United States, and is not intended to subject Rodan + Fields to the laws or jurisdiction of any state, country or territory other than that of the United States. Rodan + Fields does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

8. Transfer of Information Outside Your Home Country

Because Rodan + Fields’ international headquarters is in the United States, we may have a need to transfer information collected from our Australian customers and Consultants to the U.S. We may also have a need to transfer our customer or Consultant information (regardless of where you live) to Canada, where Rodan + Fields also conducts business. By using a Rodan + Fields website or application or by otherwise doing business with Rodan + Fields, you are agreeing to allow us to transfer your information outside your home country and to process it inside the United States or elsewhere for the purposes stated in this Privacy Policy.

9. Updating and Accessing Your Information

You have the ability to change and/or correct the PII that you provide us by emailing us at privacy@rodanandfields.com. You also have the right to ask in writing whether we hold any personal information about you, to see that information, and how we collect, use or disclose your personal information. We may not be able to provide you with all the information that you request, depending on the circumstances, and there may be a charge for any copy of personal information requested. Where we do not correct your PII or grant you access to your PII, we will provide you with a written notice setting out the reasons for our refusal and the mechanisms you can use to complain about the refusal. You may request that we deactivate your account by emailing us at privacy@rodanandfields.com.

Please note that we will retain your information for as long as necessary to effectuate the purpose for which it was collected, or if required, to comply with our legal obligations.

10. Choice/Opt-Out

You may opt-out of receiving future emails from Rodan + Fields when you register at the Site or otherwise provide your contact information to Rodan + Fields. Please note that this opt-out only applies to Rodan + Fields Promotional Emails and does not apply to communications to serve you (described in Section 2(a)(ii) and 2(a)(iii) of this Privacy Policy) unless you have explicitly withdrawn consent for us to use your PII, or to other communications which may reference Rodan + Fields, e.g., from a retail store or Consultant. You may opt-out of receiving Promotional Emails by emailing us at optout@rodanandfields.com. If you receive a Promotional Email and want to avoid further messages, look at the end of the email for instructions on how to remove yourself from the mailing list.

We will endeavour to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove PII from the databases of Consultants or third parties with which we have already shared PII (i.e., to which we have already provided PII about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related emails from such Consultants or third parties, please contact such Consultants or third parties directly or utilise any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.

11. Updates to Privacy Policy

Rodan + Fields may modify this Privacy Policy. Please look at the “Last Updated” legend at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Rodan + Fields website. If we make material changes to this Privacy Policy that expand our rights to use the personal information we have already collected from you, we will notify you and provide you with a choice about our future use of that information. Use of the Site following such changes constitutes your acceptance of the revised Privacy Policy then in effect.

12. Social Commerce and Other Third Parties

We work with trusted third parties, including social network sites such as Facebook, and with applications and developers who specialise in social commerce, so that we can connect to your social networks. Other social networks we use include Twitter, Pinterest, Instagram, Vine and YouTube. All of these companies operate Third-Party Sites. We provide access to our Site by third parties and business partners so that we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network.

The use of any features made available to you on our Site by a third party may result in information being collected or shared about you by us or by the third party. If you do not want us to be able to access information about you from Third Party Sites, you must instruct Third-Party Sites not to share the information. We cannot control how your data is collected, stored, used or shared by Third-Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third-Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. Rodan + Fields is not responsible for how these third parties may use information collected from or about you. However, we do identify any areas on our Site where third parties share information about you.

13. Complaints

If you have any concerns about your privacy or believe that your privacy may have been compromised, please contact us by email at privacy@rodanandfields.com. A member of our privacy team will contact you within 10 business days to confirm receipt of your compliant. We will then investigate your complaint and provide you with our response within a reasonable time. If you still consider that your privacy complaint remains unresolved, you may then take your complaint to the Office of the Australian Information Commissioner (“OAIC”). Further information is available at the OAIC’s website www.oaic.gov.au.

14. Comments

If you have any questions or comments about the Site's privacy practices, please contact us by email at privacy@rodanandfields.com or by clicking here. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.