This Privacy Policy describes how DS Healthcare Group, Inc. (“DS” or “we”) collect, use, and disclose your Personal Information when you visit or make a purchase from dslaboratories.com (the “Site”).

This Privacy Policy is part of the Terms & Conditions applicable to the use of the Site. Please review this Privacy Policy together with the Terms & Conditions to understand all of your rights and obligations, and how we operate the Site.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with our processor Shopify, Facebook, & Google.

Order Information

• Examples of Personal Information collected: name, billing address, shipping address, payment information, email address, and phone number.
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with our processor Shopify, Facebook, Google, Bold Commerce, Shipstation, Intercom.

Customer Support Information

• Examples of Personal Information collected: name, billing address, shipping address, payment information, email address, and phone number.
• Purpose of collection: to provide customer support.
• Source of collection: collected from you.
• Disclosure for a business purpose: Shopify, Facebook, Google, Bold Commerce, Recharge Subscriptions, Shipstation, Klaviyo, & Zendesk.

Data of Minors

The Site is not intended for individuals under the age of 18. We do not intentionally or knowingly collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

• Your consent;
• The performance of the contract between you and the Site;
• Compliance with our legal obligations;
• To protect your vital interests;
• To perform a task carried out in the public interest;
• For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Marketing

We would like to send you information about products and services of ours that we think you might like. If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop us from contacting you for marketing purposes or giving your data to other members of DS. If you no longer wish to be contacted for marketing purposes, please contact us through the contact information below.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/dslaboratories/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/dslaboratories/privacy_policy).

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Your rights

GDPR

We would like to make sure you are fully aware of all of your data protection rights. If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

For purposes of clarity, if you are a resident of the EEA, you are entitled to the following:

The right to access – You have the right to request our company for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that our company correct any information you believe is inaccurate. You also have the right to request our company to complete the information you believe is incomplete.

The right to erasure – You have the right to request that our company erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that our company restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our company’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that our company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: [email protected]

Or write to us: DS Healthcare Group, 200 Biscayne Blvd, Unit 2907, Miami FL 33131, United States

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name	Function
_ab	Used in connection with access to admin.
_secure_session_id	Used in connection with navigation through a storefront.
cart	Used in connection with shopping cart.
cart_sig	Used in connection with checkout.
cart_ts	Used in connection with checkout.
checkout_token	Used in connection with checkout.
secret	Used in connection with checkout.
secure_customer_sig	Used in connection with customer login.
storefront_digest	Used in connection with customer login.
_shopify_u	Used to facilitate updating customer account information.

Reporting and Analytics

Name	Function
_tracking_consent	Tracking preferences.
_landing_page	Track landing pages
_orig_referrer	Track landing pages
_s	Shopify analytics.
_shopify_fs	Shopify analytics.
_shopify_s	Shopify analytics.
_shopify_sa_p	Shopify analytics relating to marketing & referrals.
_shopify_sa_t	Shopify analytics relating to marketing & referrals.
_shopify_y	Shopify analytics.
_y	Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org. You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, come of our website features may not function as a result.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Third Party Pixels and Cookies

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Privacy policies of other websites

The Site may contain links to other websites. Our privacy policy applies only to our Site, so if you click on a link to another website, you should ready their privacy policy.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We keep our privacy policy under regular review and place any updates on this web page. Your continued use of the Site after we make changes is deemed to be acceptance of those changes. You are responsible for checking the privacy policy periodically for updates.

Data Privacy Manager

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data protection manager using the details set out below:

Full name of legal entity: DS Healthcare Group, Inc.

Data Privacy Manager:

Email address: [email protected]

Postal address: 200 Biscayne Blvd, Unit 2907, Miami FL 33131, United States

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:

DS Healthcare Group, 200 Biscayne Blvd, Unit 2907, Miami FL 33131, United States

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.

Washington Consumer Health Data Privacy Policy Addendum

This section of the privacy policy applies to Washington residents and persons whose consumer health data is processed in Washington.

We adopt this Section of the privacy policy in order to comply with the Washington My Health My Data Act (“MHMDA”). Certain terms used in this Section of the privacy policy are defined in, and shall have the meanings ascribed to them in the MHMDA.

Note that the term “consumer health data”, as used in this Washington Specific Section of the privacy policy, uses the term as it is defined in the MHMDA.

Your Rights:

Pursuant to the MHMDA, if you are a resident of Washington or if your data is processed in Washington, you have the following rights with respect to consumer health data:

• The right to confirm whether we are collecting, sharing, or selling your consumer health data and to access such data, including a list of all third parties and affiliates with whom we have shared or sold the consumer health data and an active email address or other online mechanism that the consumer may use to contact these third parties;
• The right to withdraw consent from our collection and sharing of your consumer health data; and
• The right to have your consumer health data deleted.

Categories of Consumer Health Data Collected and Purposes:

When you visit the Site, we may collect certain consumer health data. For example, we collect information if you provide responses to the self-diagnosis hair quiz on the Site. The categories of consumer health data that may be collected includes information about your individual hair conditions. The purpose of collecting this data is to determine your preferences so that we may provide you with information or advertising related to our products or services.

Categories of sources from which the consumer health data is collected:

The source from which the consumer health data identified above is collected is you. For example, consumer health data may be obtained from responses to the self-diagnosis hair quiz on the Site.  

Categories of consumer health data that is shared:

We do not share consumer health data other than to the extent necessary to provide our products or services that the consumer to whom such consumer health data relates has requested from our Site.

Categories of third parties and specific affiliates with whom we share the consumer health data:

The consumer health data identified above is not shared with any third parties or affiliates other than to the extent necessary to provide our products or services that the consumer to whom such consumer health data relates has requested from our Site.

Basis for collection of consumer health data:

Pursuant to the MHMDA, if you are a resident of Washington or if your data is processed in Washington, we collect your consumer health data under the following lawful bases:

• Your consent; or
• To the extent necessary to provide our products or services that the consumer to whom such consumer health data relates has requested from our Site.

Pursuant to the MHMDA, we will not share your consumer health data except with your consent or to the extent necessary to provide our products or services that the consumer to whom such consumer health data relates has requested from our Site.

How a consumer can exercise the rights:

if you would like to exercise your rights pursuant to the MHMDA, please contact us by e-mail at [email protected] or by mail using the details provided below:

DS Healthcare Group, 200 Biscayne Blvd, Unit 2907, Miami FL 33131, United States

CALIFORNIA RESIDENTS

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the DS Healthcare Group privacy policy and applies solely to visitors, users and consumers who reside in the State of California (“consumers” or “you”). This notice was adopted to comply with the California Consumer Privacy Act of 2018 (“CCPA”) as amended and other California privacy laws, if applicable. Any terms defined in the CCPA have the same meaning when used in this notice.

1. Information we collected about you during the last 12 months:

• When you use our website, we may process those personal information which you voluntarily provide to us (e.g. by means of our contact form, first name, last name, job title, email, telephone number, company etc.);
• You can also visit our website without actively providing us with information about you. In this case we collect the data that your browser transmits to our website server (i.e. log files) as well as data that we collect via the use of cookies or similar technologies.

2. Use of Your Personal Information

We may use the personal information we collected about you for one or more of the following purposes:

• When you choose to contact us via the our website, the personal information you provide to us (e.g. name, email address, correspondence) will be processed for the purpose of answering your questions, fulfilling your requests or otherwise communicating with you for direct advertising or other forms of marketing or advertising;
• If you have subscribed to our newsletter via our website, the personal information you provide to us (e.g. name, email address, product preferences) will be processed for the purpose of sending you the requested newsletter including customized information about our products and available promotions. If you no longer wish to receive the newsletter, you can unsubscribe at any time by clicking the respective link in each newsletter that you receive from us or send us your request for withdrawal by email;

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you notice.

3. Sharing Your Personal Information

We may disclose your personal information to a third party for a business purpose.  In such cases, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we may have disclosed the above-mentioned personal information we collected about you for a business purpose to the following categories of persons:

• our employees;
• subsidiary companies, where necessary in order to perform our services;
• IT service providers who provide hosting, maintenance and security services for our website;
• advertising and web-analysis partners (e.g. Google LLC) who provide certain services to us in connection to our website;
• to any other person upon your consent if necessary;
• where disclosure is required (i) by law or regulation or (ii) to establish, exercise or defend legal claims, we may also disclose your personal information to a competent authority, such as supervisory, regulatory or criminal authorities, courts of law or other third parties who advise us in this context (e.g. lawyers or forensics experts);
• our customer relationship management (CRM) tool, Hubspot Inc;
• our social media partners e.g. LinkedIn.

In the preceding twelve (12) months, we have not sold any personal information.

4. Your Rights and Choices

The CCPA provides you (California residents) with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know

You have the right to submit a verifiable request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm Your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you;
• The categories of sources for the personal information we collected about you;
• Our business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom we share that personal information;
• The specific pieces of personal information we collected about you (also called a "data portability request");
• Right to Delete

You have the right to submit a verifiable request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Verifiable consumer request, we will delete (and direct our service providers and affiliates to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation;
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• Right to Correct 
  You have the right to submit a verifiable request for the correction of inaccurate personal information that we collected, taking into account the nature of the personal information and the purposes of processing the personal information.
• Right to Opt Out of Sale and/or Sharing
  Under CCPA, you have the right to opt out of the sale and/or sharing of your personal information and the disclosure of your personal information for cross-context advertising. As noted above, we do not sell or share personal information or disclose personal information for cross-context advertising.
• Right to Limit Processing of Sensitive Personal Information
  You have the right to tell us not to process sensitive personal information, if any.
• Exercising Your Rights.

To exercise your rights described above, please submit a verifiable consumer request to:

DS Healthcare Group Inc.
200 Biscayne Blvd. Ste. 2790
Miami, FL 33131

or via email to:

[email protected]

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer related to your personal information. You may also make a verifiable consumer request on behalf of your minor child

You may only make a verifiable consumer request twice within a 12-month period.

The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

• Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

5. Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.