legal mumbo jumbo

Natural skincare isn't all bunnies and daffodils. We have rules, too.

The following is an explanation of our Privacy Policy and a list of the Terms of Service that govern the use of starkskincare.com/ca. Please read the below page carefully, as by using the website you are agreeing to abide by these terms.

Please check this page often, as Stark Skincare Inc. may change or modify our terms of service.

Stark Skincare Privacy Policy

Last updated May 25, 2018

Stark Skincare respects your privacy, and we are committed to protecting it like a fierce mama bear.  This policy describes the type of information we may collect from you or that you may provide when you visit our website, starkskincare.com.

The information below is designed to inform you of what information we collect, why we collect such information, how we use the information we collect, and the choices we offer, including how to access and update information. Any reference to our “Site” includes our Stark Skincare website, and any reference to our “Services” includes our Site, customer service email and other shopping or product services offered by Stark Skincare. This Privacy Policy is incorporated into our Terms of Service (below). If you have questions or concerns regarding this Privacy Policy please email us at info@starkskincare.com.

Stark Skincare will occasionally update this Privacy Policy. When a revision is made we will revise the "last updated" date on this page. By using our Services, or sharing your information with us, you are consenting to and accepting this Privacy Policy, including any changes or updates. We may make additional features, functionality, offers, activities, or events available to you subject to additional or different privacy rules that we disclose in connection with those opportunities.

In this policy, “personal information” means any information relating to an identified or identifiable individual. 

COLLECTION OF INFORMATION

Information You Provide. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us. This includes personal information provided to us through any means, including, without limitation, through our Site, via e-mail, over the telephone, and through a social media service (for example Facebook, Twitter, Pinterest, Instagram). You can choose not to provide certain information, but then you might not be able to purchase products or take advantage of many of our promotions, features or Services. In addition, we may collect information about your purchases, billing address, shipping address, and credit card information. You may choose to provide us names or other contact information for a friend to take advantage of a referral or other program or to send them product information or gifts. Subject to restrictions imposed under applicable laws and unless otherwise specified when you provide us the information, the information we collect about you and your friend may be stored and used in the ways described in this Privacy Policy.

Information We Collect Through Cookies and Other Technologies. A cookie is a small file that resides on your computer, mobile phone, or other device, and allows us or our business partners to recognize your device when you return to our Service and record information about your usage of our Services. You cannot eat the cookies.

We use cookies for five general purposes as follows:

Essential Operational: Cookies are necessary to allow us to operate our Services. For example, they are required to help you access secure areas (such as your account pages) and to use features like our shopping basket.

Performance and Functionality: Cookies help us enhance the performance and functionality of our Services. For example, cookies help us identify you or your device when you come back to our Service so that you do not have to login to see your shopping basket.

Analytics and Customization: We use analytics and customization cookies, including third party cookies, to gather information on how our Services are being used by our visitors and to measure how popular our marketing campaigns are. We use the data we get to help customize our Services for you and make the content you see as relevant as possible. We also use the date we collect to help identify and prevent fraud, and to track visits from our affiliates or partners.

Targeting/advertising: Cookies help us to regulate the advertisements you receive, provide you with tailored offers, and measure their effectiveness.

Social networking cookies: Cookies allow visitors to share our pages and content through third-party social networking websites.

You are always free to decline cookies if your browser permits; although, by declining the use of cookies you may not be able to use certain features on, and significant portions of, our Site. Also, because information we obtain may be combined, we may still be able to identify your web browser, computer or mobile device when you access our Services even if you disable cookies. Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not wish to be tracked. Because there is not yet an accepted standard for how to respond to browser DNT signals, we do not currently respond to them. For more information about the use of cookies and how to block them, visit www.allaboutcookies.orgwww.youronlinechoices.eu (Europe) or www.aboutads.info/choices (United States).

We may use, or permit our business partners to use, other technologies similar to cookies for the same purposes as we use cookies, for example:

Tracking Images: We may use tracking images (such as GIFs), which are small image files that we embed into our e-mail newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.

USE OF YOUR PERSONAL INFORMATION

We may use the information we collect about you (unless otherwise restricted by law) to:

  • Facilitate your purchases and provide the services you request,
  • Confirm and track your order,
  • Respond to your comments, inquiries and requests,
  • Compare and review your information for errors, omissions and accuracy,
  • Prevent and detect fraud or abuse,
  • Provide and improve our services and product offerings, and develop new ones,
  • Improve marketing and promotional efforts, and overall customer experience,
  • Identify your product and service preferences,
  • Offer you personalized content, including by providing customized content and advertising,
  • Understand our customer demographics, preferences, interests, and behavior,
  • Administer and fulfill our contests and other promotions,
  • Process or respond to your application for current or future career opportunities,
  • Contact you regarding products and services that we believe may be of interest to you
  • Comply with applicable legal requirements and Stark Skincare's policies and procedures, and
  • Other uses with your consent.

We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through cookies and other technologies, and information that we receive from our partners, affiliates and other third parties.

We value your comments, feedback, testimonials, etc., which help us improve our services and products. By making such submissions to us, you assign your rights in the submissions to us as described in the "User Comments, Feedback and Other Submissions" section of our Terms of Service section below.

INFORMATION THAT WE MAY SHARE WITH OTHERS

We may share your information, including personal information, as follows:

Service Providers: We may use third-party service providers to perform certain services on our behalf, including: shipping, payment processing, data storage/management, webhosting, fulfillment, assembly, marketing, mailing, and emailing.  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 also 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://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), Stark Skincare may share your information with those organizations participating in the applicable event.

Sharing with Other Companies (for their marketing or analytics purposes): We may share your information with other companies or organizations which are not part of Stark Skincare. These companies and organizations may use the information we share to provide, or help other companies provide, offers to you, to market products, services or opportunities to you, and to perform data analytics regarding your use of our Services.

Our business partners may also use cookies on our Site for the same general purposes identified in this Privacy Policy, including to improve their own marketing, products or services. Third parties may use cookies and other technologies to collect information about your online activities over time and across different websites. Companies that we share information with may use the information we provide to them, often in combination with their existing information, to provide you with more relevant advertising. You may opt out of receiving personalized advertisements from advertising companies that are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting http://www.networkadvertising.org/choices and http://www.aboutads.info/choices.

Compliance with Law and Fraud Protection: We may disclose your information: (1) when we believe in good faith that it is necessary to comply with any applicable law, regulation, legal process, or governmental request, such as lawful requests by public authorities, including to meet national security or law enforcement requirements; (2) in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person; (3) to other companies and organizations for fraud protection and risk reduction; and (4) to enforce any agreement we have with you.

Business Transfer: Your information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which case information would be transferred as one of the business assets of the Company.

Aggregate Information: We may, and we may authorize third parties to, create aggregate records from personal information by excluding information that makes the information identifiable. We may use and disclose, and authorize third parties to use and disclose, aggregate non-personal information at our discretion.

CHILDREN UNDER 13

Stark Skincare does not knowingly collect personal information from children under the age of 13. If we learn that we have collected personal information from a child under the age of 13, we will delete that data from our systems. Please visit the FTC's website at https://www.ftc.gov for tips on protecting children's privacy online.

LINKS

Our Site may provide links to third-party websites which are outside our control and not covered by this Privacy Policy. We encourage you to review the privacy policies posted on these (and all) websites.

SECURITY

We utilize a combination of physical and electronic security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure. While we strive to safeguard your personal information, we cannot guarantee or warrant the security of any information you disclose or transmit to us.

ACCESSING AND UPDATING YOUR INFORMATION

If you have created a Stark Skincare account you can review and change certain personal information relating to your Stark Skincare account at any time by logging on to your account. Otherwise, to learn more, please contact us as set forth below. 

CHOICE/OPT-OUT

We want to communicate with you only if you want to continue to hear from us.

To opt out of receiving email promotions that we send you: (1) follow the unsubscribe instructions in any of our promotional emails; (2) email us at info@starkskincare.com, or (2) write to Stark Skincare at 21 rue de l’Astrolabe #3, Gatineau Quebec Canada J9A 2W4 (a "postal request").

Opting out of communication with us does not affect our communications with you via telephone or email related to your orders with us or other transactional emails. Where required by law, we obtain your prior opt-in consent at the time of data collection for the processing of (i) personal information for marketing purposes and (ii) personal information deemed sensitive pursuant to applicable law.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident and would like a copy of our notice describing what categories of personal information we share with third parties for their direct marketing purposes and the names and addresses of the third parties that received your information in the past year, please submit a written request to the above address: Stark Skincare, attn: California Privacy. Please allow up to 30 days for us to process your request. You may submit such a request once per year.

DATA PROTECTION FOR INDIVIDUALS BASED IN THE EUROPEAN ECONOMIC AREA AND SWITZERLAND

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website. 

International Transfers: We are located outside of the European Economic Area (EEA).  As a result, when you provide personal data to us, that data is transferred outside of the EEA in order for us to be able to receive and access it.  We will only do this with your consent.

We use external third parties that are based outside the EEA that process your personal data.  Whenever we transfer your personal data to one of these third parties, we ensure that at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us at info@starkskincare.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. 

How long will you use my personal data for?  We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.  To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.  In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.  In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. 

Your Legal Rights:  If you wish to access, amend, correct, remove, or limit use of your information, please contact us at info@starkskincare.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, unless a longer retention period is required or permitted by law. Under certain circumstances, you have rights under data protection laws in relation to your personal data. 

HOW TO CONTACT US

Unless otherwise stated, we are a data controller for personal information we collect subject to this Privacy Policy. If you have any questions or wish to register a complaint in relation to this Privacy Policy or the manner in which your personal information is used by us, please contact us by any of the following means:

By Email: info@starkskincare.com
By Post:

Stark Skincare Inc.
21 rue de l’Astrolabe #3
Gatineau, Quebec
CANADA
J9A 2W4


TERMS OF SERVICE

Information and Content 

Copyright
All material present on starkskincare.com whether text, video, audio, or any other form is subject to intellectual property rights such as copyright, trademark and other property rights. This material is property of the respected owners. All rights are expressly reserved. Reproducing, copying, manipulating, or using this information without the prior written consent of the legal owner of such material could result in civil or criminal prosecution.

Personal Use 
Starkskincare.com is designed for personal, non-commercial use. We would like to inform you that using any material or information from our site for any non-personal purpose could be considered illegal and may result in criminal or civil prosecution.

Content 
Stark Skincare Inc. will not be held responsible in the event that you encounter material that you deem offensive (because frankly some of my newsletters are peppered with F-bombs...you've been warned), indecent or otherwise objectionable. 

Errors, Mistakes and Missing Information
Despite our tireless efforts, Stark Skincare Inc cannot guarantee that our website will be completely free of errors and misleading information. In the event of an error or other content related issue, Stark Skincare Inc reserves the right to correct such error without notification. Stark Skincare Inc also reserves the right to cancel any order that may have been made under the pretense of such error. In the event where an order is canceled, but has been paid for, the user will receive a full refund.

Customer Feedback 
Please note that all customer feedback given to Stark Skincare Inc shall be considered the property of Stark Skincare Inc. This includes all customer communication, testimonials and contact information. By releasing this information to Stark Skincare Inc, you are hereby giving Stark Skincare Inc the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of Stark Skincare Inc.


Shopping, Product Use and Payment 

Taxes 

Taxes will be calculated based on the laws of the jurisdiction in which the product is scheduled to be delivered. 


Use by Minors 
To purchase a product from Stark Skincare Inc you must be the legal age of majority as stated by the law of the jurisdiction in which you reside. Kind of silly though.

Payment Agreement 
By purchasing a product from Stark Skincare Inc you are agreeing to pay any and all charges associated with the purchased product.


Shopping Limitations 
Stark Skincare Inc reserves the right to limit quantities of products. Stark Skincare Incalso reserves the right to eliminate products from our website, cancel orders or prohibit access to certain pages at any time. 

Product Use 
Stark Skincare Inc shall not be held liable for any damages resulting from the misuse of any product. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. 

Stark Skincare Inc shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence. 


Website Operations 

Website Safety 
Stark Skincare Inc or any affiliated party is not responsible for any damages, either in contract, warranty, tort (including passive or imputed negligence), product liability, strict liability or other theory, that may result from the use of our website. 

Service Availability
Please note that the services provided by Stark Skincare Inc are available only on an as is and as available basis. Stark Skincare Inc is not responsible for any and all losses, whether direct or indirect, exceeding the price of the goods purchased. 

Outbound Links
Stark Skincare Inc may link to websites outside the control of Stark Skincare Inc. Please understand that a link should be in no way considered an endorsement of a website. Stark Skincare Inc cannot be held liable under any circumstances for any damages that may occur as a result of a user visiting a page through an outbound link. 

Unlawful Use 
It is illegal to use Stark Skincare Inc for any illegal or destructive purpose. This includes any use of the website that could result in damaging, disabling, overloading or in any other way compromising the website. 

Accessing or attempting to access information not intentionally made available to you is illegal and may result in civil or criminal prosecution. 


User's Rights and Responsibilities

Identification
Misrepresenting your identity while using starkskincare.com will be considered a clear violation of our terms of service and may result in you being banned from the website and possibly civil or criminal prosecution. 

User Responsibility
As a user of starkskincare.com, you are responsible for any monetary charges resulting from your use of the site. These fees include any claim, cause of action, demand, including but not limited to, legal, accounting and any other fees that result from the use of the website. Please note we charge in USD.

User Right to Termination
You must agree to these terms of service in order to use starkskincare.com. If you can not or decide you do not want to agree with the Terms of Services displayed on this page, you are prohibited from using this website and should leave starkskincare.com immediately. 


Legal 

Precedence
These terms of service in combination with our Privacy Policy represent a legally binding agreement between the user and Stark Skincare Inc. This agreement shall replace all prior oral and/or written communication between the user and Stark Skincare Inc. If a conflict is to occur between a previous, present or future agreement and the above terms of service, the terms of service will have precedence, unless clearly noted in the prior agreement. 

Severability 
In the event that one or more of the provisions of Stark Skincare Inc terms of service is regarded as unenforceable, the remaining provisions will continue to be in place and enforced to the greatest extent of the law. 

Applicable Law
These terms of service, and furthermore, the use of starkskincare.com shall be governed solely by the laws of the province of Quebec and consequently the laws of Canada.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the use of starkskincare.com.

Please feel free to contact us, if you have any questions regarding our terms of service. 

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