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AI Shade Finder Information Notice

Urban Decay, part of the LUXE Division of L’Oreal USA, Inc. (“collectively, Urban Decay”) has instituted the following Information Notice related to any personal information that Urban Decay may obtain, possess, use, process, transfer, or store about you (“You”) as a result of Your use of AI Shade Finder. For further information about Urban Decay’s privacy practices as they relate to this other personal information Urban Decay collects about You when You use our website or other Urban Decay services, please review Urban Decay’s Privacy Policy.


Purpose


The purpose of the collection, storage, processing, and use of personal information for AI Shade Finder is to provide You with a meaningful, efficient way to evaluate products for potential purchase and use. When You use AI Shade Finder, Urban Decay collects and processes certain data, see “How It Works,” infra, in order to deliver a better beauty experience to You. Urban Decay may use information about You to communicate with You about Urban Decay’s beauty products and services; answer questions; create better experiences; provide tailored advertising, content, services, recommendations, and communications; fulfill product purchases and process payments; analyze use of Urban Decay’s products and services, without any associated personal identification information of users, so as to improve effectiveness of Urban Decay, customer service, and offerings, including improvement of the virtual AI Shade Finder tool and underlying algorithm; conduct research, including high-level analytics without associated personal identification information; to comply with applicable laws or legal obligations; and TO ENFORCE THE TERMS OF USE, which additionally govern and apply to Your use of AI Shade Finder.


How It Works


In order to use AI Shade Finder You must upload a video selfie of Yourself. Your video selfie will be transmitted from your device to a central cloud-based hub, where it is broken down into frames. Urban Decay (or a third party on our behalf) will use an algorithm to analyze the video selfie to detect face landmarks to localize the region around key facial features (i.e., outline of eyes, lower part of nose, outline of lips, etc.). This information is used to center, zoom, crop, and remove unnecessary features from the image(s) (such as eyes, nose, and mouth).]


Urban Decay (or a third party on our behalf) will use an additional algorithm to analyze the frames to calculate an estimate of Your skin tone. By analyzing multiple frames from the video You uploaded, the algorithm will take an average of the values and match it to a model. This information is used to provide you with recommendations. You will then be provided with Your results and suggested product(s).


Your Consent For Collection and Use of Your Personal Information


When You use AI Shade Finder, you specifically consent that:

  • Urban Decay (or a third party on its behalf) is collecting, capturing, possessing, storing, or obtaining the picture You provide, and data obtained or created from Your picture (including the automated recognition of various facial landmarks), that might qualify as biometric data, biometric information, or a biometric identifier under various laws.
  • Urban Decay will share, disclose, or disseminate information about You with any other affiliated company or brand as well as its service providers.

When you consent to “EMAIL MY RESULTS”, You also agree to the storage or retention of personal information about you, including information derived from Your Image. Specifically, you consent that:

  • Urban Decay (or a third party on its behalf) will store personal information about You as described in Urban Decay’s Privacy Policy, which will be retained subject to limitations in our Privacy Policy.

YOU UNDERSTAND THAT YOUR CONSENT TO THIS INFORMATION NOTICE IS A PREREQUISITE TO USE OF AI SHADE FINDER.


Urban Decay’s AI Shade Finder Information Notice coexists with, supplements, and does not supplant, obviate, replace, or otherwise supersede or suspend any other policy applicable to Your use of Urban Decay’s website and AI Shade Finder, including the TERMS OF USE and Privacy Policy.


Urban Decay’s AI Shade Finder Information Notice is subject to periodic updating, including to the extent that Urban Decay begins collecting personal information for any other purposes not specified herein. Urban Decay reserves the right to amend this policy at any time, which amendments will further apply to Your use of AI Shade Finder after their enactment.


Data Retention
Urban Decay (or a third party on our behalf) only briefly stores your selfie. Once the information is returned to You, Your selfie is deleted from the central cloud-based hub (generally within a matter of seconds of completion of the analysis).


The coordinates of facial landmarks, information You provide, the results from analysis used to calculate Your skin tone/undertone, and all recommendations provided to You are stored in the central cloud hub to help Urban Decay and its affiliates (including its parent (L’Oreal S.A.) and subsidiaries improve its products and its users’ experiences. Coordinates of facial landmarks and information derived from the analysis of Your selfie (i.e., skin tone, skin undertone) will be stored only as long as needed for Urban Decay and its affiliates (including its parent and subsidiaries) business purposes, and, in any event, no longer than 3 years after our last interaction with You.


If You voluntarily provide Urban Decay with Your name and contact information (‘contact information’), to receive Your results and/or You sign-up to receive promotional messages from Urban Decay any information you provide while using AI Shade Finder, the results of the analysis (i.e., the identified skin tone/undertone) and product recommendations are stored within Your profile at Urban Decay. If you provide Urban Decay with contact information, the identified skin tone/undertone, and product recommendations provided to You will be retained by Urban Decay in accordance with Urban Decay’s record retention and privacy policies and in accordance with applicable law. For residents of Illinois, we will only store information derived from the analysis of Your selfie (i.e., skin tone/skin undertone) as long as needed by Urban Decay and in any event no longer than 3 years from the date of our last interaction with You.


Right of Deletion


Depending on your location, You may have the right under the law of your state of residence to request deletion of, data about you at any time. In order to so indicate, You shall submit the request using the methods outlined in Urban Decay’s Privacy Policy.


If You request deletion of data about you, You understand and acknowledge that Urban Decay will keep a log of Your doing so, which log will include information such as Your name, date of request, manner of request, and date of fulfillment:
PLEASE NOTE that should You request deletion of data about You at a time when Urban Decay is compelled by law or order of court of competent jurisdiction to maintain such data, Urban Decay will not immediately comply with Your deletion request. We may also deny a deletion request where otherwise permitted to do so by applicable law.


Data Storage

Urban Decay uses a reasonable standard of care to store, transmit, and protect from disclosure any data used in AI Shade Finder consistent with the sensitivity of the data. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.


Disclosure


Urban Decay may share, disclose, or disseminate personal information with any other affiliated company or brand. For example, as disclosed in this Notice Urban Decay shares information with its parent and its affiliates (including L’Oreal S.A.) for analytics, market research, and to improve its products and services (including its algorithm) to enhance products and services. Urban Decay will also disclose personal information to its service providers who help Urban Decay provide You with services. Urban Decay may also disclose personal information in connection with the sale or purchase of assets, or in connection with any bankruptcy or reorganization proceeding. Urban Decay will also disclose personal information to comply with federal or state law, local law, municipal ordinance, or court order, including in connection with a validly issued warrant or subpoena (or other legal process); to verify or enforce our TERMS OF USE or other appliable policies, to respond to an emergency; or otherwise protect the rights, property, safety, or security of third-parties, visitors to our Sites, or the public.


For more information on Urban Decay’s privacy practices, or for additional information about rights available to You, please visit our Privacy Policy.

 

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