You (“User,” “you,” or “your”) and Msculpts (“Msculpts ,” “we,” “us,” or “our”) are parties to a legally enforceable agreement known as this Policy. The terms “User,” “you,” or “your” relate to the entity in question if you are signing this agreement on behalf of a company or other legal entity and you represent that you are authorised to bind that entity to its terms. You must not accept this agreement and are not permitted to access or use the Website or Services if you lack such authorisation or disagree with its provisions.
Our servers automatically log information that your browser transmits when you access the Website. These details could include your device’s IP address, browser type and version, operating system type and version, preferred language, the website you were visiting before accessing the Website and Services, the pages of the Website and Services that you visit, the length of time spent on each page, the information you search for while browsing the Website, access times and dates, and other statistics.
You are not required to identify yourself or provide any information that may be used to identify you as a specific, recognisable individual in order to access and use the Website and Services. But if you want to access any of the Website’s services, you might need to give certain Personal Information (for example, your name and e-mail address).
Any information you willingly provide us when you register for an account, post content, buy something, or fill out an online form on the Website is received and stored by us. When necessary, the following details might be included:
Some of the data we gather comes from you directly via the website and services. However, we could also get personal data about you from other places, such open databases, social networking sites, outside data suppliers, and our co-marketing associates. Demographic data, like age and gender, device data, like IP addresses, location data, like city and state, and online behavioural data, like details about how you use social media websites, page view data, search results, and links are some examples of the personal information we may collect from other sources.
You can decide not to give us your Personal Information, but doing so might prevent you from using some services on the Website. Users are invited to contact us if they have any questions regarding what information is required.
Children under the age of 18 are not intentionally the subject of any Personal Information collection by us. Please don’t submit any Personal Information through the Website or Services if you are under the age of 18. Please get in touch with us and ask that we remove the child’s personal information from our services if you have reason to believe they gave it to us through the website and services.
We advise guardians and parents to keep an eye on how their kids use the Internet and to teach their kids to never submit any personal information to the website or services without their consent. Additionally, we request that all parents and other adults responsible for children’s welfare take the appropriate measures to ensure that their charges are taught never to disclose Personal Information when using the internet without their consent.
Unless we have a data processing agreement with you, in which case you would be the data controller and we would be the processor under the GDPR, we function as both a data controller and a data processor when handling Personal Information.
Depending on the particular circumstance concerning Personal Information, our involvement may also change. When we ask you to provide Personal Information required to ensure your access to and use of the Website and Services, we are acting in the position of a data controller. In certain situations, we are a data controller since we choose the methods and reasons for processing Personal Information and we adhere to the GDPR’s requirements for data controllers.
In circumstances when you provide Personal Information through the Website and Services, we function as a data processor. The provided personal information is exclusively handled in line with your instructions; we do not own, control, or make judgements about it. In these situations, the User submitting the Personal Information fulfils the role of a data controller under the GDPR.
We might need to gather and use specific Personal Information in order to provide you with the Website and Services or in order to comply with a legal requirement. We might not be able to give you the desired products or services if you do not supply the information we ask for. Any information we learn about you may be applied to the following things:
The way you use the website and services, where you are based, and whether or not one of the following conditions apply all affect how your personal information is processed. I You have provided consent for one or more particular purposes; however, this exclusion does not apply where processing personal information is covered by the California Consumer Privacy Act or a European data protection legislation; (ii) the disclosure of information is necessary for us to carry out a contract with you or fulfil any precontractual obligations thereunder; (iii) the processing of information is required to comply with a legal obligation to which you are subject; (iv) the processing of information is related to a task carried out in the public interest or in the execution of official authority vested in us;(v) the processing is required to further one of our or another party’s legitimate interests. In order to better serve you, as well as to enhance and update our website and services, we may additionally merge or aggregate certain of your personal information.
We gather and use your personal information in accordance with the following legal basis as outlined in the GDPR:
Remember that depending on the law, we may be permitted to handle your information up until you exercise your right to object by choosing not to have it processed, without needing your consent or any of the other legal basis mentioned above. In any instance, we would be delighted to explain the exact legal basis that applies to the processing, in particular whether the submission of Personal Information is a statutory or contractual obligation, or a necessity essential to enter into a contract.
Your credit card information or other payment account information may be required if the Services require payment, and these data will only be used to facilitate payments. To help us handle your payment information securely, we work with third-party payment processors (collectively, “Payment Processors”).
The PCI Security Standards Council, a collaboration of companies including Visa, MasterCard, American Express, and Discover, manages the most recent security standards, which payment processors follow. The Website and Services also adhere to stringent vulnerability standards to provide Users with the safest possible environment. Sensitive and confidential data exchange occurs through an SSL secured communication channel, is encrypted, and safeguarded with digital signatures. To the extent required for processing your payments, refunding those payments, and handling complaints and inquiries about those payments and refunds, we will only share payment data with the Payment Processors.
Please be aware that the Payment Processors may obtain Personal Information about you in order to process your payments (such as your email address, address, credit card information, and bank account number) and to manage all aspects of the payment process through their systems, including data collection and data processing. Your Personal Information may or may not be used by the Payment Processors in accordance with their own privacy policies, which may or may not have privacy safeguards as protective as this Policy. We advise reading each of their privacy policies.
You have the option to erase some of the Personal Information we may hold on you. As the Website and Services evolve, the Personal Information you can erase could too. However, even if you erase Personal Information, we could keep a duplicate of it in our files for as long as is required to meet our commitments to our affiliates and partners and for the purposes listed below. You can do this on the settings page of your account on the Website or just by getting in touch with us if you want to permanently erase your Personal Information or your account.
We may share your information with our dependable subsidiaries and joint venture partners, affiliates, contracted businesses, and service providers (collectively, “Service Providers”) we rely on to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies, depending on the requested Services or as necessary to finish any transaction or provide any Service you have requested. No information will be disclosed to unrelated third parties.
Except when necessary to carry out tasks on our behalf or in order to comply with legal obligations, Service Providers are not permitted to use or disclose personal information. We only supply the data necessary for Service Providers to carry out their assigned tasks; we do not permit them to use or reveal any of the data we offer for their own marketing or other reasons. Your information will only be shared and disclosed with the service providers listed below:
If required or permitted by law, such as to comply with a subpoena or other legal process, we may also disclose any Personal Information we collect, use, or receive. Additionally, we may disclose Personal Information when we have a good-faith belief that doing so is necessary to protect our rights, ensure your safety or the safety of others, stop fraud, or comply with a government request.
Your user account and your Personal Information may be among the assets transferred if we go through a business change, such as a merger, acquisition by another firm, or sale of all or a portion of our assets.
If a longer retention term is needed or authorised by law, we will keep and use your personal information for up to 120 months, or as long as it takes us to comply with our legal duties, enforce our agreements, and resolve disputes.
After you amend or remove your personal information, we may still use any aggregated data that was created using it, but not in a way that would allow us to identify you specifically. Personal Information must be removed after the retention term is up. As a result, when the retention time has passed, the rights of access, deletion, correction, and data transfer cannot be enforced.
Data transfers may require transmitting and keeping your information in a nation other than your own, including the USA, depending on where you are located. Only with your express agreement or in the circumstances allowed by the GDPR, and only where it is in your best interest, will your personal information be transferred to nations outside the European Union.
You have the right to know the legal justification for information transfers to nations outside of the European Union, to any international body governed by public international law or established by two or more countries, like the UN, as well as the security precautions we’ve taken to protect your information. If such a transfer occurs, you may learn about it here.
You have specific data protection rights if you live in the European Economic Area (“EEA”), and we will try to make it as easy as possible for you to update, modify, delete, or restrict how your personal information is used. Please get in touch with us if you want to know what Personal Information we have on you and if you want it deleted from our systems. You may use the following data protection rights under specific conditions:
(i) If you have previously consented to the processing of your personal information, you have the right to revoke such permission. You have the right to revoke your permission at any time if it serves as the legal basis for our use of your personal information. The withdrawal has no bearing on whether processing was legal prior to the withdrawal.
(ii) You have the right to find out if we are processing any of your personal information, to request disclosure about specific processing activities, and to request a copy of the personal information that is being processed.
(iii)You have the right to confirm the truthfulness of your information and request its updating or correction. Additionally, you have the right to ask us to correct any gaps in your personal information that you feel exist.
(iv) If a legal basis other than permission is being used to process your information, you have the right to object to that basis. If Personal Information is processed by us in the public interest, when we are acting in the course of our official authority, or to further our legitimate business interests, you have the right to object by citing a reason that is specific to your circumstances.You should be aware that if your personal information is processed for direct marketing, you have the right to object to the processing at any time and without giving a reason. You can refer to the pertinent parts of this Policy to determine if we are processing Personal Information for direct marketing purposes.
(v) You have the right to limit how your personal information is processed in some situations. These situations include: you contest the accuracy of your personal information, and we must confirm it; the processing is unlawful, but you object to erasure and ask that its use be restricted instead; we no longer need your personal information for the purposes of the processing, but you need it to establish, exercise, or defend your legal claims; and you have objected to processing while it is being determined whether you have a valid objection.With the exception of storage, such Personal Information that has been subject to restricted processing will be clearly marked and will only be used with your consent, for the establishment, exercise, or defence of legal claims, for the protection of the rights of another natural person, or for reasons of significant public interest.
(vii) You have the right to request that we give you your personal information in a structured, widely-used, and machine-readable format and, if it’s technically possible, to have it sent to another controller without our interference, as long as the transfer doesn’t impair the rights and freedoms of others.
(viii) You have the right to file a complaint about how we have collected and used your personal information with a data protection authority. You have the right to file a complaint with your local data protection authority if you are dissatisfied with the resolution of your complaint after direct communication with us. Please get in touch with your neighbourhood EEA data protection authority for further details. This clause is effective as long as the automated processing of your Personal Information is done with your consent, in accordance with a contract in which you are involved, or in accordance with pre-contractual duties.
The California Consumer Privacy Act (“CCPA”) grants California residents greater rights with regard to their Personal Information. This section pertains to California residents alone.
In addition to the rights outlined in this Policy, residents of California who give us their personally identifiable information (as that term is defined in the law) in order to use our services for personal, family, or household purposes are entitled to ask for and obtain from us, once a year, details about the categories and particular categories of Personal Information we have collected and disclosed.
Additionally, California citizens have the right to seek the erasure of their personal information or to choose not to have it sold, disclosed, or transferred to another company or third party in exchange for money or other significant compensation. Just get in touch with us to accomplish that. If you use your CCPA rights, we won’t treat you differently.
Through the contact information listed in this page, you can send us any requests to exercise your rights. Please be aware that before responding to such inquiries, we can require you to prove your identity. Your request must contain enough details to enable us to confirm that you are who you say you are or that you are that person’s duly appointed representative. If an authorised representative submits a request on your behalf, we may ask for proof that you have granted that person written authorization to act on your behalf, such as a power of attorney, or that the authorised representative has another legal right to do so.
You must provide us enough information in your request so that we can analyse it and answer appropriately. If we don’t first authenticate your identity or right to make the request, as well as that the Personal Information corresponds to you, we won’t be able to react to your request or give it to you.
To enhance your online experience, our website and services employ “cookies.” On your hard drive, a web page server will store a text file called a cookie. Cookies can’t be used to launch applications or spread malware on your computer. Only a web server on the domain that provided the cookie to you may read the unique identifier that is granted to you by cookies. In this manual, you may find additional information on cookies and their operation.
Cookies, web beacons, and other similar information-gathering mechanisms may be used by third parties to analyse the usage and traffic patterns of our website and services. The data collected is used to create statistical reports on user behaviour, including how frequently users visit our website and services, which pages they see, how long they stay on each page, etc. We analyse the data from these analytics tools to monitor and enhance the functionality of our website and services.
Some browsers offer a Do Not Track function that informs websites you visit that you do not want your online activities to be recorded. The act of tracking is distinct from utilising or gathering data in conjunction with a website. Tracking is the process of gathering personally identifiable data from users of a website or online service as they move between multiple websites over time. There is still variation in how browsers transmit the Do Not Track signal. Because of this, the Website and Services are not yet prepared to recognise or act upon Do Not Track signals sent by your browser.
Online advertising may be shown, and we reserve the right to disclose aggregated, non-identifying data about our customers that we or our advertisers have obtained from your use of the Website and Services. We do not provide advertising with access to personally identifying information about specific consumers. In some cases, we may utilise this collected, anonymous data to provide relevant adverts to the target market.
We could also give some outside firms permission to assist us in customising ads that we believe users might find interesting and to gather and utilise additional information about user behaviour on the website. These businesses might distribute advertisements that set cookies and follow user activity in various ways.
Social media elements, such as the Facebook and Twitter buttons, Share This buttons, etc., may be included on our website and services (collectively, “Social Media Features”). Your IP address, the page you are viewing on our website or using our services, and a cookie may all be collected by these social media features in order for them to work effectively. Social media features are either directly hosted on our website or by their respective suppliers. The privacy policies of each of these Social Media Features’ separate providers apply to your interactions with them.
You may voluntarily sign up at any time for our email newsletters. We promise to keep your email address private, and we won’t give it out to anyone else unless specifically permitted under the section on information usage and processing, or if we need to employ a third-party provider to deliver the emails. Email-sent data will be kept on file for as long as required by applicable laws and regulations.
All emails we send out will clearly identify who they are from and include clear contact information in accordance with the CAN-SPAM Act. Following the unsubscribe instructions in these emails or contacting us will enable you to stop receiving our newsletter and marketing communications. However, you will still get necessary transactional emails.
We provide push alerts, and you may freely sign up for them at any moment. We utilise a third-party push notification service provider that depends on a device token that is specific to your device and is generated by the operating system of your device to ensure that push notifications are delivered to the right devices. While it is possible to acquire a list of device tokens, they do not provide us or our third-party push notification provider access to your identify, your particular device ID, or your contact information. Email-sent data will be kept on file for as long as necessary to comply with legal requirements. Simply change your device’s settings if you ever want to stop getting push notifications.
In order to be able to provide you with related or extra items and services, we may engage in affiliate marketing and make affiliate links available on the Website and Services. When you click on an affiliate link, your browser will store a cookie to track any sales and calculate commissions.
Links to other websites and services that are not under our control or ownership can be found on the website and in the services. Please be aware that the privacy policies of such third parties or other sites are not our responsibility. We advise you to be cautious whenever you leave the Website and Services and to carefully read the privacy policies of every websites and online services that could collect Personal Information.
Links we store the data you give us on computer servers in a secure, monitored environment that is guarded against unauthorised access, use, or disclosure. In an attempt to prevent against unauthorised access, use, alteration, and disclosure of Personal Information within our control and custody, we establish appropriate administrative, technological, and physical precautions. However, there is no assurance that data will be sent through the Internet or a wireless network.
In spite of our best efforts to safeguard your Personal Information, you understand that: 1. Internet security and privacy limitations are outside of our control;
3. Despite our best efforts, any such information and data may be seen or altered by a third party while in transit.
Please take the necessary precautions to secure this information, since the security of Personal Information depends in part on the security of the device you use to interact with us and the security you employ to protect your login credentials.
We reserve the right to take reasonable appropriate measures, including, but not limited to, investigation, reporting, notification to and cooperation with law enforcement authorities, in the event that we become aware that the security of the Website and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud. If there is a realistic risk of harm to the User as a consequence of the breach or if disclosure is otherwise required by law, we shall use commercially reasonable measures to inform the affected people. When we do, we’ll contact you to let you know.
We retain the right, in our sole discretion, to change this Policy or any of its provisions pertaining to the Website and Services at any time. We will update the date at the bottom of this page when we do so. At our discretion, we may also notify you in other ways, such as using the contact details you have supplied.
Unless otherwise stated, a new version of this Policy will take effect right away after being posted. You will be deemed to have accepted the changes if you continue to use the Website and Services after the updated Policy goes into effect (or take any other action that may be specified at that time).
You declare to have read this Policy and to have accepted all of its contents. You agree to be bound by this Policy by accessing, using, and providing your information to the Website and Services. You are not permitted to use the Website or Services or to access them in any way if you do not agree to comply by the terms of this Policy.
We invite you to get in touch with us using the information provided below if you have any queries, complaints, or concerns about this Policy, the information we have on file about you, or if you want to exercise your rights.