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PRIVACY POLICY

Last Updated: June 1, 2022

ModiFace Inc. (“ModiFace”, “we”, “us”, “our”) respect your privacy and are committed to protecting it by complying with this privacy policy.

This policy describes:

KEY ELEMENTS OF OUR PRIVACY POLICY

You can find information in this privacy policy about specific privacy practices as follows:

This Policy's Scope 

How This Policy May Change

ModiFace and Its Affiliates

ModiFace’s technology

What Personal Information We Collect

Our Use of Analytic Tools

Why We Collect Personal information, and How We Use It

How We Protect Your Data

Accessing Your Personal Information 

Contact Us 

SCOPE OF POLICY

This policy applies to our collection, use and disclosure of “personal information”, which is any information about an identifiable individual. It includes information that can be used on its own or with other information to identify, contact, ‎or locate an individual person‎. The policy does not ‎‎impose any limits on the collection, use or disclosure of business contact information or certain publicly-‎available information.‎

ACCOUNTABILITY

We have designated a Privacy Officer who is responsible for our compliance with this policy.  The Privacy ‎‎Officer may be contacted as described below.‎

PLEASE READ THIS POLICY CAREFULLY

By using our Technology or Services, or otherwise by choosing to provide your personal ‎information to us, you acknowledge and consent to the processing of your personal information ‎in accordance with this policy, and as may be further identified to you when the personal information is ‎collected.  ‎

If you do not consent to the processing of your personal information in accordance with this policy, ‎please do not access or continue to use any of Technology or Services or otherwise provide ‎any personal information to us. ‎

POLICY MAY CHANGE

We may update this policy from time to time to ensure ongoing compliance with applicable laws and ‎for any other purpose that we deem reasonably necessary, all without prior notice to you, and any changes will be effective immediately upon the posting of the revised policy on our site. We therefore recommend that you review ‎‎it frequently. ‎You can tell if the policy has changed by ‎checking the revision date that appears at the top of this policy.

Where required by applicable ‎law, we may need to ask you to confirm your consent to the ‎processing of your personal information. ‎Otherwise, your continued access to or use of our Technology and Services constitutes your acknowledgment and ‎acceptance of the ‎changes.‎

MODIFACE AND ITS AFFILIATES

ModiFace is a wholly-owned subsidiary of L’Oreal SA, and may transfer personal information to L’Oreal SA or other affiliates for the purposes described in this policy. For more information about how we may transfer your information, see “Disclosure and Transfer” below.

MODIFACE’S TECHNOLOGY

ModiFace develops and provides software technologies for the cosmetics and beauty industry. ModiFace’s technologies are used and made available in different ways:

ModiFace’s primary technologies and services are described below.

Virtual Try-On: ModiFace offers augmented reality virtual try-on technology for cosmetics and nail and hair colour. This technology lets end users virtually try on cosmetics, etc., using their mobile devices or computers. This technology processes the user’s image directly on the device, and does not send or share any user images to or with ModiFace or, if applicable, the ModiFace customer that is using this ModiFace technology.

Skin Analysis: ModiFace offers a skin analysis software solution that assesses a user’s facial images and other inputs (which may include the user’s declared age, gender, or other information) and outputs data and content, including skin analysis scores for signs of aging and other skin concerns‎. This software solution places the input data into ‎storage on ModiFace servers for analysis and assessment and deletes ‎the date once the applicable outputs have been generated and communicated, or within 24 hours in the event of an error. This analysis, assessment and communication takes on average 5 minutes total.

Teleconsultation:  ModiFace’s customers use its virtual try-on technology during online consultations between the customer’s beauty experts and their end-user clients, so that the expert can virtually apply makeup in real-time during the consultation. The end user’s information is stored for up to 8 days after the booked appointment, and is then deleted.

When ModiFace licenses a technology to a customer, the customer incorporates the technology into its own platforms, applications, and services, and that customer’s privacy policies to the customer’s activities, and the customer is responsible for giving any required notices and obtaining any required consents. This privacy policy does not apply to those activities.

When ModiFace directly offers applications or services that use its technology, there is usually a separate specific privacy policy for that application or service. In that case, that specific privacy policy applies, and this privacy policy does not apply.

If ModiFace directly offers an application or service that uses its technology without a separate privacy policy for that specific application or service, then this privacy policy applies.

INFORMATION COLLECTED

ModiFace Website

We may collect information that you provide directly on or through our website. We also use analytics tools, as described below.

Virtual Try-On Technology

If we offer our virtual try-on technology on our own website, that technology will process your image directly on your the from which you are accessing our website. Your image is not transmitted to or shared with us. Once the information is ‎displayed to you, your image is ‎deleted from your device‎.

Skin Analysis Technology

If we offer a skin analysis feature on our own website, you will be able to submit an image of your face and certain other information (which may include your declared age, declared gender, declared skin type, skin sensitivity, and allergies). The information you provide is placed into short-term storage for analysis and assessment, and deleted or anonymized once the analysis is generated and communicated to you. More specifically, your image is deleted usually within 5 minutes (and no longer than 24 hours). The other information you provide, as well as information about some detected skin concerns and any recommended products, will be aggregated and anonymized‎ so that they are not linked to you.

ANALYTICS TOOLS

We may use automated devices and applications to ‎evaluate usage of our website and Technology. We also may use other analytic means to ‎evaluate our ‎services. We use these tools to ‎help us improve our services, performance and ‎user experiences. ‎These entities may use cookies and ‎other tracking technologies to perform ‎their services.  These technologies include Google Analytics. You can learn more about how Google uses the ‎‎‎information collected through ‎this service here: www.google.com/policies/privacy/partners/.‎ ‎

HOW WE USE YOUR INFORMATION

When collecting personal information, we will state the purpose of collection and will provide, on ‎request, contact information for the Privacy Officer who can answer questions about the collection.‎

We collect, use, disclose, and process your personal information for the following purposes: ‎

The collections, uses and disclosures listed above are a reasonably necessary part of your relationship ‎with us. We may also use your information to contact you about our own and third-parties' goods and ‎services that may be of interest to you, as permitted by law. ‎You may opt out of any such communications at any time.

If your personal information is to be used for a purpose not previously identified, we will disclose ‎the new purpose to you before that use, and we will seek your consent unless the use is ‎authorized or required by law.‎

CONSENT

We will obtain your consent to collect, use or disclose personal information except where we are ‎authorized or required by law to do so without consent. ‎Your consent can be express, implied or given through an authorized representative such as a lawyer or agent.

Consent may be provided orally, in writing, electronically, through inaction (such as when you receive notice that your information will be collected, used, or disclosed for various purposes, and you do not notify us that you do not want your information processed for those purposes), or otherwise.‎

Where you have provided your consent to the collection, use, and disclosure, or other processing of your personal ‎information, you may have the legal right to withdraw that consent under certain ‎circumstances, provided ‎that you give us reasonable notice. To withdraw your consent, contact us at privacy@modiface.com. ‎If you withdraw ‎consent, we will inform you of the likely consequences, which may ‎include our inability to provide certain services for which that information is necessary.‎

LIMITS ON COLLECTION, USE, DISCLOSURE, AND RETENTION

We will not collect personal information indiscriminately, but will limit collection of personal ‎information to that which is reasonable and necessary for the identified purposes. We will also collect personal information as ‎required or authorized by law.‎

We will only use or disclose your personal information for the purposes set out above and as ‎required or authorized by law.‎

We will keep personal information used to make a decision affecting you for at least one year after ‎using it to make the decision.‎

We will destroy, erase or make anonymous records containing personal ‎information as soon as it is reasonable to assume that the original purpose is no longer being served ‎by retention of the information and retention is no longer necessary for a legal or business purpose.‎

Under some circumstances we may anonymize your personal information so that it can no ‎longer be associated with you. We reserve the right to use such anonymous and de-identified ‎data for any legitimate business purpose without further notice to you or your consent. ‎

DISCLOSURE AND TRANSFER

We may disclose or transfer your personal information for the purposes set out above in the following ways:

TRANSFER ACROSS BORDERS

ModiFace is based in Ontario, Canada. Our affiliates, service providers, and other parties to whom we transfer personal information as described above may be located outside of your home jurisdiction within Canada, or outside Canada. You acknowledge that personal ‎information may be processed and stored in foreign jurisdictions with different ‎privacy laws, and that the governments, courts or law enforcement or regulatory agencies in those ‎jurisdictions may be able to access that personal information through the laws of the ‎foreign jurisdiction.‎

ACCURACY AND CORRECTION

We will make a reasonable effort to ensure that personal information we are using or disclosing is ‎accurate and complete. If you provide the information, we will rely on you to make sure it is correct.

If you demonstrate the inaccuracy or incompleteness of your personal information in our custody or control, we will update the ‎information as required. If appropriate, we will send the amended information to third parties to ‎whom the information has been disclosed.  ‎

If we do not resolve a challenge regarding the accuracy of your personal information to your satisfaction, ‎we will annotate the personal information under our control to indicate that the correction was ‎requested but not made.‎

SECURITY OF PERSONAL INFORMATION

We use reasonable physical, electronic, and organizational measures designed to secure your personal ‎information from accidental loss and from unauthorized access, collection, use, disclosure‎, copying, modification, disposal or similar risks.

We will take reasonable measures, through contractual or other reasonable means, to ensure that a ‎comparable level of personal information protection is implemented by our service providers and agents who ‎assist in providing services.‎

The safety and security of your information may also depend on you -- for example, if you have a password for access to certain parts of Technology or Services, you are ‎responsible for keeping this password confidential. We ask you not to share your password with ‎anyone. ‎

Unfortunately, no method of transmission over the Internet, or method of electronic storage, is completely ‎secure, and we cannot guarantee the security ‎of your personal information. You should always exercise caution when disclosing personal information ‎over the Internet‎.

ACCESSING YOUR INFORMATION

You have a right to access your personal information that we hold.‎

Upon your written request and authentication of identity, we will provide you your personal information ‎under our control.  We will also give you information about the ways in which that information is ‎being used and a description of the individuals and organizations to whom that information has been ‎transferred or disclosed.  We may charge you a reasonable fee for doing so.‎

In some situations, we may not be able to provide access to personal information. If we cannot provide you with access to your personal information, we will inform you of the ‎reasons why, subject to any legal or regulatory restrictions.‎

CONTACT US

Any inquiries, complaints or questions regarding this policy or our privacy practices should be directed in writing to our Privacy ‎Officer at privacy@modiface.com, or by mail to:

Attn: Privacy Department

7 Saint Thomas St

Suite 502

Toronto, ON

M5S 2B7

CAN: 40706180.3