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Privacy Policy

Dernier & Hamlyn, Inc. (“we”, “us”, “our”, “Dernier & Hamlyn”) is committed to protecting the privacy and security of the Personal Data (as defined below) that we collect, use, our users (“User”, “you” or “your”). This privacy policy (“Privacy Policy”) describes our policies and procedures regarding Personal Data (as defined below) that we collect, use, share or other process when you visit, interact with, access, and use www.dhlifelabs.com and other websites or mobile sites where this Privacy Policy appear or are otherwise referenced (collectively, the “Site”).

HOW WE TREAT YOUR PERSONAL INFORMATION; AND WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD.

In addition to this Privacy Policy, your use of the Site is governed by our websites’ Terms and Conditions. If you do not agree with any provision of this Privacy Policy and the Terms, you should not use our Site or services. Capitalized terms used but not defined in this Privacy Policy can be found in our Terms.

A. Definition

In this Policy, “Personal Data” means information relating to our Users (i) who can be identified or are identifiable directly from that information only, or (ii) who can be indirectly identified from that information in combination of other information we have access. We will also treat additional information, including IP addresses and cookie identifiers, as “Personal Data” where required by applicable law.

B. What Personal Data do we collect?

For purposes described in the “Purposes and Legal Basis for processing Personal Data” section of this Privacy Policy, we will collect the following Personal Data:

  1. Information You Provide to Us

Account and Profile Data: In order to place an order, or otherwise enroll in our promotional programs, marketing distribution lists, or other programs offered through the Site, you may choose to register for an account with us. During the processes for registering an account or placing an order via the Site, we may ask you to provide us the following data (i) your first and last name, email address, home or other mailing address, telephone number, mobile number, date of birth, alias, avatar, country code, language preference or time zone information in your account, or other information that could reasonably be used to identify you personally (hereinafter “Account Data“); and/or (ii) demographic information, such as information like your gender or product preferences (“Profile Information“). We may collect Personal Data from you at various times and places, such as when you:

  • Make a purchase through the Site or via our customer experience center (“Call Center”);
  • Submit account registration forms or otherwise save your information with us on our Site or Call Center;
  • Sign up or request to be placed on our mailing, SMS text and/or email marketing lists;
  • Sign up for a loyalty program;
  • Participate in a survey or promotion; or
  • Contact us regarding a question or concern such as when you make inquiries concerning our merchandise or services;

Your decision to provide us with information is voluntary, but if you choose not to provide any requested information you may not be able to take advantage of all of the Site’s features, including purchasing products or services from us.

Communications and Feedback: When you use the feedback and suggestion functions in our Site to report a problem with the Site or provide feedback, we will collect your email address, and feedback content that you provide in order to address your concerns or questions. At the same time, if you receive email communications from us, we use certain tools to capture data related to if/when you open our message or click on any links or banners it contains.

(together, “Identity Data”).

2. Information We Collect Automatically

2.1 Device information: When you interact with our Site via a computer or mobile device, including, without limitation, a desktop computer, laptop, mobile phone, tablet, or other electronic device (each, a “Device”), we will automatically collect device information (“Device Information”), which includes your device’s MAC address, IP address, wireless connection information, operating system type and version, application version number, push notification identifier, log Documents, mobile network information. When you use Smart Devices to interact with our Site, we may collect additional Device Information about the type of device you use, unique device identifier (e.g. IMEI number), Bluetooth information, online status, activation time, firmware version and upgrade information, among others.

2.2 Usage data: During your interaction with our website and services, we will automatically collect usage data related to visits, clicks, downloads, sending/receiving messages and other usage of our Site and services (“Usage Data”).

2.3 Anonymous Data: We may also collect, use, and share aggregated data that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third-party (together, “Anonymous Data”). The use and disclosure of Anonymous Data will not be subject to the terms of this Privacy Notice. We may create Anonymous data derived from your Personal Data and other individuals whose data we collect. Anonymous Data might include analytics information and information collected by us using cookies and other third-party software, such as software that monitors how you and other users interact with our site. If we combine this type of Anonymous Data with other information to identify a specific natural person, or combine it with Personal Data, during the combined use period, this type of non-personal information will be treated as Personal Data, which will be subject to this Privacy Policy.

2.4. Location information: We may collect and use your location information (“Location Information”) to deliver you relevant content and advertising based on your location as part of the location-based services we offer. And when you use such specific features of our Site, we may collect real-time geographic location information about you based on your consent. Due to strict data protection measures and subject to the “Third Party Websites and Services” section below, please refer to the Google Data Protection Policy for more instructions on protecting your personal data: https://privacy.google.com/businesses/gdprservices/. You can turn off the location service by adjusting the settings of your Internet browser or your mobile device at any time to stop the collection of your Location Information.

3. Information from Cookies & Other Tracking Technologies

We may collect information about you through cookies and other similar technologies as described in the “Cookie Policy” available at here, which supplements this Policy. If you choose to disable cookies and similar technologies, some areas and features of the Site may not work properly. Please see the “Cookies Policy” for more information.

4. Payment Information You Provide for Us to Process Order(s)

If you choose to purchase a product through the Site, in addition to your Account Information, our third-party payment processor will collect your billing address, your credit or debit card information (card number, name on card, security code, expiration date, and CVV) or other payment methods’ information necessary for processing one or more orders; email address; and billing zip code (“Payment Information”). By submitting your Payment Information, our payment processor may share invoices or such other transactional documents that may contain your financial information. We do not store your payment information.

5. Information We Collect When You Interact with Third-Party Sites, including Social Media

The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application (for example, the link to Instagram or Twitter). The use of this functionality may involve the third-party site providing information, including personal data such as first and last name, email address, mailing address, geographic location, search history, browser information, and other information (“Social Network Information”) to us. For example, we may provide links on the Site to facilitate sending a communication from the Site, or we may use third parties to facilitate emails, Tweets, Instagram, or Pinterest postings. These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. We do not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you should review the applicable third-party privacy policies.

6. Information that We Collect about You from Third Parties or You Provide about a Third Party

6.1 Information We Collect from Third Parties: We may also receive information about you from your friends and other third parties that use the Site, and combine or link that information with information we have about you (for example, fulfillment of a wish list). Additionally, we may supplement information we collect directly from you on our Site with outside records from third parties for purposes of enhancing our ability to market to you, serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from third parties with your personal data, the combined information, unless disclosed otherwise or fully anonymized, will be treated as personal data under this Privacy Policy.

6.2 Information You Provide about a Third Party: If you send someone else a communication from the Site, such as an invitation to a friend or if you purchase a gift for another person, the information you provide (e.g. names, email addresses, mobile number, etc.) will be used to facilitate the communication. You need to ensure that you have the recipient’s permission to use his or her information for this purpose. Please be aware that when you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s).

(together, “Referral Data”).

C. Purposes and Legal Basis for processing Personal Data

  1. Definition. We may process your Personal Data in connection with any of the purposes and uses set out in this Policy based on one or more of the following legal grounds:
  • Because it is necessary to perform the Services you have requested or to comply with your instructions or other contractual obligations between you and us (“Contract”);
  • To comply with our legal obligations as well as to keep records of our compliance processes (“Legal Obligations”);
  • Because our legitimate interests, or those of a third-party recipient of your Personal Data, make the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms (“Legitimate Interest”);
  • Because it is necessary to protect your vital interests (“Vital Interest”);
  • Because it is necessary in the public interest (“Public Interest”);
  • Because you have expressly given us your consent to process your Personal Data in a particular manner (“Consent”). Giving consent may include your publication or display your Personal Data voluntarily on a public area of the Platform available for public view, such as a comment area. In this case, we construe that you have given us Consent to process. You may withdraw your Consent at any time unless otherwise provided in the applicable data protection or privacy laws.
  1. Purposes and Legal Basis for Data Processing: To the extent permitted by applicable law, we may use and process Personal Data described above to:
  • Provide You Site, Products and Services: We process your Identity Data, Device Information, Usage Data, Location Information, Payment Information, and Social Network Information to provide you with our Site and services that you have requested or purchased, including without limitation to set-up and maintain Your account, provide customer service, fulfil purchases through the Site. The legal basis for this processing is consent, or where applicable, our legitimate interests in the proper administration of our Site, and/or the performance of our contract with you according to our Terms.
  • Improve Our Services and Maintain Security: We process your Device Information, Usage Data, Location Information to ensure the functions and safety of our Site, to develop and improve our Site and Services, to analyze the efficiency of our operations, and to prevent and trace fraudulent or inappropriate usage. The legal basis for this process is to consent, or where applicable, our legitimate interests in the proper administration of our Site, and/or performance of our contract with you according to our Terms.
  • Non-marketing Communication: We process your Personal Data to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. At the same time, we will send you notifications related to the services you have bought, such as alert services (“Notification”). You can log into your account with the Site to manage or unsubscribe these communications. When you decide not to authorize the Notifications function, we will no longer process your information for such intention. The legal basis for this processing is consent, or where applicable, our legitimate interests in the proper administration of our Site, and/or the performance of our contract with you according to our Terms.
  • Marketing Communication: We may process your Personal Data (including without limitation, Social Network Information, Referral Information and certain Identity Data) to provide marketing and advertising materials to you on the Services. If you do not agree to receiving marketing communications, you may (i) opt out by logging into your account with the Site to manage or unsubscribe these communications, or (ii) follow instructions contained in our marketing communication to opt-out of receiving future communications. The legal basis for this processing is your consent, or where applicable, our legitimate interests in the proper administration of our Site.
  • Personalization: We may process your Personal Data to personalize your browsing experience and to provide you with services customized for you, such as recommending and displaying information and advertisements regarding Site suited to you, email, and to invite you to engage in studies relating to your use of the Site. If you do not allow us to process your Personal Data for personalization, you may opt out by changing your preferences in the browser. The legal basis for this processing is your consent, or where applicable, our legitimate interests in the protection and assertion of our legal rights, your legal rights, and the legal rights of others.
  • Legal Compliance: We may process your Personal Data to the extent it is necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities (d) to enforce our terms and conditions, including Terms; (e) to protect our operations, business and systems in connection with establishing or exercising our legal rights or claims; (f) to exercise our rights, and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud that undermine the privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain in connection defending against a legal claim. The legal basis for this processing is our legal obligations to comply with our obligations under applicable laws, or where applicable our legitimate interests in the proper administration of our Site.
  • Data Aggregation: We will use your Personal Data to create Anonymous Data, and use, retain, or disclose such Anonymous Data.
  • Other Processing Activities: We may process any of the Personal Data identified in this Policy when necessary for:
    • Obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our Legitimate Interest in the proper protection of our business; and
    • Purposes that are consistent with, related to and/or ancillary to the purposes and uses described in this Policy for which your Personal Data was provided to us.

D. Who do we Share Personal Data with?

At Dernier & Hamlyn, we only share Personal Data in ways that we provide below. We may share your Personal Data with the following recipients:

Service Providers

              We may share with our third-party service providers (including payment processors) who need the Personal Data to perform certain support or operational services to us or to provide their services to you on our behalf, such as website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support service, e-mail delivery services, surveys, and other features offered on our Site, among others.

Disclosures with Consent

              We may ask, from time to time, if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Policy. We will only disclose your information in this context with your Consent.

Promotional Activities

              We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Site, in the Stores or through one of our social media pages that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to enter a Promotion, personal data may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

Acquisitions and Similar Transactions

              We may share your Personal Data in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us is among the assets transferred. 

Corporate Affiliates

              We may share with our corporate subsidiaries or affiliates under the same control and ownership, and their respective officers, directors, employees, accountants, attorneys, or agents who need the Personal Data to help us provide our Site or process Personal Data on our behalf.

Legal Obligations and Rights

              We may share your Personal Data if we believe to be necessary or appropriate: (a) to comply with applicable laws and regulations; (b) to comply with legal process; (c) to respond to requests from public and government authorities (d) to enforce our terms and conditions, including Terms; (e) to protect our operations, business and systems in connection with establishing or exercising our legal rights or claims; (f) to exercise our rights, and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud that undermine the privacy, safety or property, and/or that of other users, including you; and (g) to allow us to pursue available remedies or limit the damages that we may sustain in connection defending against a legal claim.

Professional Advisors

              We may share your information with our and our affiliates’ insurers and other professional advisors, including attorneys and accountants, that need access to your Personal Data to provide operational or other support services on our behalf.

De-identified or Aggregated Data

              We may disclose aggregated information about our users, and information that does not identify any specific individual, such as groupings of demographic data or customer preferences, for new Services and marketing development.

E. International Transfer of Information Collected

In order to facilitate our operations, we may transfer, store and process your personal data in countries other than where you live. These arrangements may involve your Personal Data being located in various countries around the world, e.g. United States, where privacy laws differ from EU, China, or United Kingdom. We only make these arrangements or transfers where we have implemented appropriate levels of contractual, technical and organizational safeguards to ensure an adequate level of data protection where your Personal Data is transferred to countries outside the EEA or your country of residence, including the current version of Standard Contractual Clauses approved by the European Commission or other data processing contract approved by the applicable government agencies. By using the Site or submitting Personal Data through your use of our Site or other services, you fully understand and unambiguously consent to such international transfer, processing, storage of, and hosting of such information to those countries and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. Your information will also be disclosed to third parties as described in the “Who do We Share Personal Data With” section above.

F. Your Rights Relating to Your Personal Data

We respect your rights to control your Personal Data. You may practice any of the following rights by sending your requests to the address noted in the “Contact Us” section below.

You may exercise your rights over your Personal Data at no charge, unless otherwise allowed by the applicable privacy laws. In most cases, we will reply within the earlier of 15 business days or 30 calendar days. Occasionally, it may take longer if your request is particularly complex, or you have made a number or requests. In this case, we will notify you and keep you posted. If you decide to send us a request via email, please indicate what information you want to change, whether you want to delete your personal data from our database, or any restrictions you want us to be subject to when using your personal data. Please note that for security reasons, we may ask you to verify your identity before further process your request.

If you are a resident of European Union or European Economic Area (EEA), the United Kingdom, or a jurisdiction with a comprehensive privacy framework, you may exercise one or more of the following rights under the applicable privacy laws:

  • Right to Access to the Personal Data that we process about you: You have the right to receive confirmation as to whether or not personal data concerning you is being processed and, where that is the case, access to the personal data;
  • Right to Correct inaccurate or incomplete Personal Data about you: Our goal is to keep your Personal Data accurate, current and complete. Please contact us if you believe your information is not accurate of its changes;
  • Right to Delete your Personal Data: In some cases, you have a legal right to request that we erase your personal data;
  • Right to Restrict the process of your Personal Data: – You have the right to request that we restrict the processing of your personal data, under certain conditions;
  • Right to Object to Processing – You have the right to object to our processing of your Personal Data under certain conditions;
  • Right to Transfer of Personal Data to you or a third party (“Right to Portability”): You have the right to request that we transfer the Personal Data that we have collected to another organization, or directly to you, under certain conditions; and
  • Opt-out or object to our use of Personal Data about you under certain conditions.
  • Withdrawal of consent: We will honor your privacy right to withdraw consent through the following approaches:
  1. If we obtain your consent through your Device’s system settings, you may withdraw your consent by changing your Device’s permissions, including location, camera, photo album (picture library/video library), microphone, Bluetooth settings, notifications and other related functions;
  1. In the marketing communications that you agree to, the information we send to you contains instructions that allow you to withdraw your consent in accordance with the “unsubscribe” method described in the marketing communication. Once we receive your instruction, we will promptly take corrective action. There may be certain communications that are required for legal or security purposes, including changes to various legal agreements, that you may not be able to limit.

When you withdraw your consent or authorization, we may not be able to continue to provide you with the Site or services correspondingly. However, your withdrawal of your consent or authorization will not affect the processing of Personal Data based on your consent before the withdrawal.

Accuracy and Updating Your Information. Our goal is to keep your Personal Data accurate, current, and complete. If any of the information you have provided to us changes, please let us know via the “Contact Us” details at the end of this Privacy Policy. For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate Personal Data about you, you may want to update your information. We are not responsible for any losses arising from any inaccurate, deficient, or incomplete personal data that you provide to us.

California Shine the Light. Under California Civil Code Section 1798.83, California residents who provide Personal Data in obtaining Site or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at “Support” section.

G. Your Rights Relating to Your Personal Data

We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Data. Dernier & Hamlyn provides various security measures to effectively ensure data security of user and device. As for device access, Dernier & Hamlyn uses proprietary algorithms to provide for data isolation, access authentication, access control, and implement security measures to protect your Personal Data we collect from unauthorized access, improper use or disclosure, deletion, modification and unlawful destruction or accidental loss. However, the safety and security of your Personal Data also depends upon you. Where you use a password for access to our Site, you are responsible for keeping your password confidential. Do not share your password with anyone. Please refer to our Terms for additional information regarding your obligations to secure your user account located at Terms and Conditions

Despite these measures, no security system is perfect, and no data transmission is 100% secure. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information transmitted to or from our Site. If you feel that the security of any account you might have with us has been threatened, you could immediately notify us of the problem by emailing: [email protected]

H. How long do we store your Personal Data?

We process your Personal Data for so long as it is reasonably necessary for the purposes set forth in this Privacy Policy, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our services, and to enforce our agreements, unless there is a specific legal requirement for us to keep the data for a longer retention period.

After the retention period ends, we will delete your Personal Data. When we are unable to do so for technical reasons, we will implement appropriate measures to securely store your Personal Data and isolate it to prevent any further such use of your Personal Data. To the extent permitted by law, we may retain and use anonymous, de-identified, or aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

I. Third-Party Websites and Services

This Privacy Policy only applies to our Site and does not address or apply to, and we are not responsible for, the privacy, information or other practices of any third parties, including, without limitation any other third-party application or website to which our Product may contain a link. These third parties may at times gather information from or about you and have their own privacy policies. We do not control and are not responsible for the privacy practices of these third parties. If you click on an embedded third-party link, you will be redirected away from the Product to the external third-party website. You can check the URL to confirm that you have left the Product. 

We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content or media provided by any third parties or their websites; (2) control third parties’ independent collection or use of your information; or (3) endorse any third-party information, Site, services, or websites that may be reached through embedded links on the Product. Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website. 

J. Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of Personal Data from and about children on the Internet. Our Product and services are not directed to children aged 13 or younger, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the Product or provide any information to or on the Product. If you are under 13, please do not use or provide any information on the Product (including, for example, your name, telephone number, email address, or username). If we learn that we have collected or received Personal Data from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 13, please contact us via the “Contact Us” details provided at the end of this Privacy Policy.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

K. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to our business and data governance practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site indicates your consent to the privacy policy posted at the time of use. If we make any material changes, we will notify you by email (send to the e-mail address specified in your account) or by means of a notice on the Site. We encourage you to periodically review this page for the latest information on our privacy practices. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable. 

L. Contact Us

If you have any questions about our practices or this Privacy Policy, please contact us as follows:

Dernier & Hamlyn, Inc.

Postal Mailing Address: 720 Northgate Parkway, Wheeling, IL 60090

Email: [email protected]