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PRIVACY POLICY

Effective Date: This Privacy Policy was last revised on April 5, 2022.

Introduction

Welcome! You have arrived at a web site that is provided by HRBeauty LLC dba “RHODE” (“RHODE” or “ we,” “ our” or “ us”). This “ Privacy Policy” governs your use of www.rhodeskin.com (including, without limitation, both mobile and online versions of our web sites, and also applies to your use of all features, applications, content, downloads and other services that we make available through these web sites and/or that post a link to this Privacy Policy (collectively, referred to herein as the “ Site”), regardless of how you access or use the Site, whether via personal computers, mobile devices or otherwise. We may add additional websites from time to time, and these Terms of Use will govern those new websites when added. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below).

To the extent we provide you notice on our Site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

In addition, please review the Site’s Terms and Conditions of Service which governs your use of the Site. By using our Site, you consent to our Privacy Policy and Terms and Conditions of Service and our collection, use and sharing of your information and data, and other activities, as described below.

Scope of Privacy Policy

This Privacy Policy explains how we collect, use, disclose and manage your personal information that you provide to us when using the Site, purchasing products, or otherwise, as well as our privacy practices. This Privacy Policy applies, without limitation, to any individual or entity that (i) uses the Site, (ii) creates an Account (as defined in our Terms of Service), (iii) purchases products directly from us or (iv) otherwise provides any personal information to us.

WHEN YOU ACCESS OR USE THE SITE, PURCHASE A PRODUCT, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH RHODE. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE SUBSEQUENTLY MAKE TO THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE SITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.

The Site contains links to other websites. This Privacy Policy does not apply to information collected on or through any such third party websites. We are not responsible for the privacy practices of such third parties or the content of their websites. Such third parties have their own privacy policies and you should review those privacy policies to determine their privacy practices.

1. Information We Collect

We collect the following information:

Contact and Account Information: Your name, addresses, telephone numbers, email addresses, date of birth, username, password and any other contact and/or Account information that you provide us either through our Site or otherwise;
Financial information, such as credit and debit card numbers and claims information;
Purchase history information, such as products you have bought, rented, and returned;
Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors;
Demographic Information: such as your gender expression; skin type and/or concerns
Service Provider Information: Information about the mobile or internet service provider you are using with your computer, laptop, tablet, mobile phone or other device (a “Device”) to access the Site and/or send us messages.
Messages: The date, time and content of any messages you send to us;
Usage Information: IP address or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier;
your Device functionality (including browser, operating system, hardware, mobile network information);
the URL that referred you to our Site;
the areas within our Site that you visit and your activities there, including remembering you and your preferences;
your Device location;
your Device characteristics;
certain other Device data, including the time of day, among other information, and any other information you or your Device provides to us; and
other technical information collected from the servers utilized by you or your vendors, such as information and data that is automatically collected upon visiting the Site (i.e., webpage http headers (home server domain names, internet protocol address, operating system type, browser type and language) and information on what pages you access on and other information about the way(s) in which you use the Site).

Location Information: based on derivations made from the IP address from which you connect (including, for example, precise location data such as GPS and WiFi information).
Information You Provide About a Third Party: for example, if you send an invitation to a third party from the Site, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s).
Other: Other information you provide to us when you use the Site or otherwise interact with us.
Information listed above which we aggregate and/or anonymize so that it is not linked to you.

2. How We Collect Information

We may collect this information through various forms and in various places on the Site, including if you register for a newsletter, through “contact us” forms, or when you otherwise interact with the Site.

Ways that we collect information include but are not limited to the following:

Directly from you. For example, from forms you complete to create an account with us, contact us, purchase a product from us, subscribe to our newsletter, send an invitation to a friend via any send-to-a-friend functionality on our Site.
Indirectly from you. For example, from observing your actions on our Site.
From our affiliates.
Third party websites or applications through functionalities we have implemented on our Site that allow you to connect with our Site using your account with the third party website. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. RHODE may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Site.
From third parties that provide us with outside records for various purposes, including to enhance our ability to serve you, to determine your location, to tailor our content to you and to offer you opportunities that may be of interest to you.
From the maintenance and analysis of Website server logs.
From “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means. See “Use of Tracking Technologies” Section below.
If you make a purchase through our Site, our third-party payment processor service providers may also collect billing information, such as your first and last name, email address, phone number, credit card or debit card number, and billing and shipping addresses.

3. Use of Tracking Technologies

We may use various developed methods and technologies to collect Usage Information (“ Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

Cookies . A cookie is a data file placed on a Device when it is used to visit the Site. HTML5 cookies can be programmed through HTML5 local storage. HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Please be aware that if you disable or remove cookies or HTML5 cookies on your Device, some parts of our Site may not function properly, and that when you revisit our Site your ability to limit cookies is subject to your browser settings and limitations.

Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP and/or HTML5 cookies.

We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Site, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Site functionality.
Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site.
Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Site, including identifying you when you visit our Site or keeping track of our specified preferences, including in terms of the presentation of content on our Site.
Targeting-Related. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our Site and third-party sites based on how you interact with our content and ads. This includes using Tracking Technologies to understand the usefulness to you of the content and ads that have been delivered to you. Further information on this, and your opt-out choices, is found in Section 5 below.

There may be other Tracking Technologies now and later devised and used by us in connection with the Site. Further, third parties may use Tracking Technologies in connection with our Site, which may include the collection of information about your online activities over time and across third-party web sites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Site and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

California / Delaware Do Not Track Disclosures

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services ( e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

4. How We Use the Information Collected

(a) Use of Information By Us

We may use your information for various purposes, including:

to process transactions or provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
to fulfill your order or requests for services;
to conduct auditing and monitoring of transactions and engagement;
to enable you to participate in a variety of the Site’s features such as to enable you to participate in online entry sweepstakes, contests or other promotions;
to enable you to create an Account on the Site;
to enable you to write ratings and reviews on the Site;
to enable you to sign up for specific product out-of-stock notifications or new product availability;
to improve the Site, marketing endeavors or our Site offerings;
to customize your experience on the Site or to serve you specific content or ads that are relevant to you;
to provide customer support;
to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies;
to notify you of product recalls or providing other information concerning products you have purchased;
to identify your product and Site preferences so that you can be informed of new or additional products, services and promotions;
to enhance or localize content and services that you use;
to improve merchandise selections and the overall shopping experience at the Site;
for internal business purposes; and
for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Where you have consented (or not opted out, as applicable), we may add your information to our databases to contact you through future emails, postal mailings and SMS text-messaging regarding site updates, upcoming events, and new products and services.

When you sign up for an account with us, we will send you a welcome email or a welcome SMS text. We will also communicate with you in relation to product orders, in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your account. In addition, when you register an Account with us, you can consent to our contacting you by email and to receiving our email subscriptions, editorial emails and, when applicable, SMS messages from us. If, at any time, you no longer want us to contact you by email and/or receive our email subscriptions, editorial emails or SMS messages, you can opt out of these functions by changing the preferences in your Account. You can contact customer service by email, telephone or postal mail at the contact information listed below to assist you with any such changes to your Account.

(b) Use of Information for Recruitment Purposes

Where you have provided us with information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters. Where this information is sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.

5. How and When We Disclose Information to Third Parties

We may share non-personal information, such as aggregated user statistics, with third parties. Further, we may share your Device Identifiers with third parties along with data related to you and your activities. We do not share your personal information that we have collected directly from you on our Site with third parties for those third parties’ direct marketing purposes unless you have consented (either through an opt-in our opt-out opportunity) at the time you provide your personal information. In addition, we may share the information we have collected about you, including personal information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. RHODE may disclose your information as follows:

(a) Third Parties Providing Services on Our Behalf

We may use third-party vendors to perform certain services on behalf of us or the Site, such as: (a) to assist us in Site operations; (b) to manage a database of customer information; (c) hosting the Site; (d) designing and/or operating the Site’s features; (e) tracking the Site’s activities and analytics; (f) enabling us to send you special offers or perform other administrative services; (g) providing our products and services; (h) processing or fulfilling your purchases; and (i) other services designed to assist us in maximizing our business potential. We may provide vendors with access to your information to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own technologies on your Device and they may otherwise collect or have access to information about you. We are not responsible for those third party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available in the chart at the end of this Privacy Policy. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

(b) Administrative and Legal Reasons

We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Site’s Terms and Conditions of Service or other policies applicable to the Site, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Site or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

(d) Sweepstakes, Contests and Promotions

We may offer sales, discounts, sweepstakes, contests, and other promotions (any, a “Promotion”) through the Site 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/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information 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 winners list.

6. Publicly Disclosed Information

(a) User-Generated Content and Public Information

The Site may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, ratings and reviews, skin type details, including Personal Information (collectively, “ User Content”), such as on profiles and within ratings and review gathering. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that RHODE does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Our promises under this Privacy Policy do not apply to any information that you disclose publicly, share with others or otherwise upload onto the publicly available positions of our Site. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Site.

(b) Name and Likeness

We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Site, please review our Terms and Conditions of Service.

7. Ads and Information About You

We may use third parties such as network advertisers and ad exchanges to serve advertisements across the Internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities across the Internet and mobile media (“ Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your Device and track certain behavioral Usage Information via a Device Identifier. These third party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies can serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies, web beacons and other third party technologies are governed by each third party’s specific privacy policy, not this one.

Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party advertisers or advertising networks or exchanges or related third parties.

8. Opt-Out of Third Party Tracking

You can opt out of the Ad Tech Network by clicking http://www.youronlinechoices.com/opt-out-interface.

If you would like to opt out of having interest-based information collected during your visits to our Website or other sites, both the National Advertising Initiative (the “NAI”) and the Digital Advertising Alliance (the “DAA”) offer opt out tools to assist you in managing your choices. Click http://www.networkadvertising.org/choices/ to visit the NAI opt out page and click http://www.aboutads.info/choices/ for the DAA opt out page.

Further, while sites use a variety of companies to serve advertisements, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“ NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective.

You may also opt-out from receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“ DAA”) website at http://www.aboutads.info/choices/. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps. Similar limitations may apply to the DAA opt-out.

We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.

9. Changing Your Information and Communications Preferences

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided to us. You may provide updates and changes by sending an email to hello@rhodeskin.com or updating your Account.

To request a copy of your information or that your data be deleted from the Site, please send an email to hello@rhodeskin.com.

If you send us a request to make changes, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, if you have made any public postings on the Site such as in our ratings and reviews, these communications cannot generally be removed. When you edit your Personal Information or change your preferences on the Site, information that you remove may persist internally for our administrative purposes. You may cancel or modify our email or SMS marketing communications you receive from us by following the instructions contained within our promotional emails or in some cases by logging into your Site account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your account or use of our Site, such as administrative and Site announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact us by sending an email to legal@rhodeskin.com.

California Residents please see Section 18 below for additional rights pertaining to the deletion of your information.

10. Opt-Out

If you want to be removed from our marketing list and do not want us to send you email, postal mail or other messages about our products and services, you can opt out. To do so, please send an email to hello@rhodeskin.com with the word “UNSUBSCRIBE” in the subject line.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please email us at legal@rhodeskin.com.

11. Transfer of Information to the United States

Our Site is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

12. EU and UK Users

If you are in the EU or UK, you have certain additional rights and protections under the law regarding the collection and processing of your personal data. We will comply with applicable data protection laws anytime that we transfer your personal information outside of the European Economic Area (EEA). Some of the ways we will do so are:

Where the transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
Using the EU Model Clauses, which are specific contracts approved by the European Commission giving personal data the same protection it has in Europe.
Transferring data to US-based providers if they are part of the Privacy Shield, which requires similar protection to personal data shared between the Europe and the US.

Legal Basis for Processing

If you are in the EU or UK, we will collect and process your personal data:

To perform our responsibilities under our contract with you (e.g. processing payments for and fulfillment of the goods you have ordered);
When we have a legitimate interest in collecting and processing your personal data in order for us to run a successful commercial organization (e.g. to communicate with you about updates regarding your order, to advertise products to specifically tailored for you, to ensure that our Site is secure; to tell you about changes to our Site; to improve our Site; to tell you about offers or promotions we are running; for business reasons (for example to develop our business or if we are thinking of selling our business); for operational purposes; to tell you about new services or products we are offering);
Where you have given your consent – please note that you can withdraw your consent at any time by emailing hello@rhodeskin.com or
To comply with our legal or regulatory obligations.

Recipients

We share your personal information with the following categories of third parties:

Service providers to assist us in Site operations, to manage a database of customer information, to host out Site, to design and/or operate the Site’s features for us, to track our Site’s activities and analytics, to enable us to send you special offers or perform other administrative services, or to assist us in maximizing our business potential.
Internet cookie data recipients, such as Google Analytics.
Data aggregators.

Your Rights and Choices Regarding the Use of Your Personal Information

We provide a number of choices about how you may control the use, collection and storage of your personal information, and want you to be aware of that you have all of the following rights regarding your personal information:

To “opt-out” of promotional or marketing emails or SMS messages from us at any time.
To have access to any personal information we hold about you.
To ask us not to use your personal information for direct-marketing purposes.
To ask us to erase the personal information we hold about you.
To restrict the way that we process your personal information.
To have a copy of any personal information which we hold about you.
To have your personal information provided to a third-party provider of services.
To object to our processing of your personal information.
To complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and Switzerland are available here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

You have the ability to correct, update, modify or delete your personal information by updating your information on the Site. Please note that some information may remain in our records even after you request deletion of your information. Additionally, there may be limits to the amount of information we can practically provide. For example, we may limit an individual's access to personal information where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy or where doing so would violate others' rights.

Please contact us at hello@rhodeskin.com with any questions or requests in regard to any of the above or to make requests regarding your personal information.

Questions or Complaints

In the event that you have a concern about our collection and processing of your data, please contact us first at hello@rhodeskin.com and we will do our best to fix it. You also, have the right to lodge a complaint directly with your local supervisory authority.

13. Data Retention

We will retain your information as long as needed to enable you to access the Site or otherwise interact with you, and for as long as you or we can bring a legal claim.

After you have terminated your use of our services, we may store your information in an aggregated and anonymized format.

14. No Information Collected From Children

The content and services provided by us or our affiliates, sponsors and advertisers, including without limitation the Site, are not intended for anyone under the age of 18 and you should not access such content or services if you are under the age of 18. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Site. No part of the Site is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Site. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us by email at hello@rhodeskin.com.

15. Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, including Personal Information, and you use our Site and provide us with your information at your own risk.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we will occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer/mobile device. We ask you not to share your password with anyone.

Our employees are trained and required to safeguard your information. Our internal controls limit access to personally identifiable information based on job functionality.

16. Changes to the Privacy Policy

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. However, we will not use your Personal Information in a manner materially different than promised at the time it was collected without your consent. 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.

17. California Residents

As of January 1, 2020, California residents are provided with specific rights regarding their personal information. This section describes further how we comply with the requirements of the California Consumer Privacy Act of 2018 (“CCPA”) and your rights under that law. Any capitalized terms used but not defined in this section shall have the meanings given to them in the CCPA.

The table below explains the categories of information that we have collected in the past 12 months, the sources of that information, the purpose for that collection, use and sharing, and the categories of third parties with whom we share that information.

Category:	Categories of Sources:	Business or Commercial Purposes for Collection, Use or Sharing:	Disclosed for Business Purposes to Third Parties:	Sold to the Following Categories of Third Parties:
User provided information (e.g. identifiers, such as, first name and last name, email address, phone number; and financial information)	All categories listed below	All purposes listed below	All categories listed below	All categories listed below
Location Information (geolocation information and commercial information)	All categories listed below	All purposes listed below	All categories listed below	All categories listed below
Site and Account usage information (e.g. browsing history, order history, search history, interactions with a website, email, application or advertisement, pages viewed, and customer service inquiries)	All categories listed below	All purposes listed below	All categories listed below	All categories listed below
Device level information (e.g. internet and other network activity information, including ADIDs, cookies, IP address, and other device hardware and software information)	All categories listed below	All purposes listed below	All categories listed below	All categories listed below
Inferred Data (e.g. inferred user information, preferences or tastes)	All categories listed below	All purposes listed below	All categories listed below	All categories listed below
Professional or employment related information	Job applicants only.	All purposes listed below	All categories listed below	None.
Other information about you that is linked to the personal information above	All categories listed below	All purposes listed below	All categories listed below	All categories listed below

Categories of Sources: We collect this personal information from the following categories of sources:

Directly from consumers, including you;
Service providers;
Affiliates;
Third party sources, including social media

Why We Use and Disclose California Information. We use and disclose the personal information we collect for our commercial and business purposes as further described in this Privacy Policy. These commercial and business purposes include, without limitation:

Our commercial purposes, including marketing, advertising, offering promotions, authentication, providing you with information you request, identity resolution, fraud prevention, facilitating transactions, and providing you with customized services or recommendations near you (including marketing and advertising).
Our business purposes as identified in the CCPA, which include:

Auditing related to our interactions with you;
Legal compliance;
Detecting and protecting against security incidents, fraud, and illegal activity;
Debugging and improving our services;
Performing services (for us or our service provider) such as account servicing and analytics;
Internal research for technological improvement;
Internal operations;
Processing job applications;
Activities to maintain and improve our services; and
Other one-time uses.

Recipients of California Personal Information.

We may disclose the categories of personal information designated above to the categories of third parties listed below for business purposes including but not limited to:

Service providers to assist us in Site operations, to manage a database of customer information, to host out Site, to design and/or operate the Site’s features for us, to track our Site’s activities and analytics, to enable us to send you special offers or perform other administrative services, or to assist us in maximizing our business potential.
Internet cookie data recipients, such as Google Analytics.
Third parties for legal and administrative reasons.
Social media companies.

Your Rights and Choices

As applicable under the CCPA, from January 1, 2020, if you are a California resident, you may make requests to us as set out below. We will review all requests received and determine the extent to which and how to respond. We will not discriminate against any California resident who makes such requests.

Right to access/know

You may request from us a list of: (i) the categories and specific pieces of personal information we collect (ii) the categories of sources from which we collected your personal information; (iii) our purposes for collecting your personal information; (iv) the categories of your personal information that we have disclosed for a business purpose; and (v) the categories of third parties with which we have shared personal information.

Right to delete your personal information

You may request to delete your account and the personal information we have collected from you or maintain about you.

Right to Non-Discrimination

You have the right to not receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.

Making Requests

To exercise rights described above, please submit a verifiable consumer request to us by either:

Emailing us at legal@rhodeskin.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

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

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

You may also submit such requests through an authorized agent. To designate an authorized agent, please send us a notarized power of attorney / notarized letter authorizing said agent. Requests from agents that do not submit such proof that they have been authorized by you to act on their behalf will be denied.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits Site users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@rhodeskin.com.

18. Contact Us

If you have any questions or suggestions regarding this Privacy Policy, please contact us as follows:

By mail:

HRBeauty LLC dba RHODE

9800 Wilshire Boulevard

Beverly Hills, CA 90212

Email: legal@rhodeskin.com

Terms and Conditions of Service

Effective as of April 5, 2022

1. Welcome to RHODE

These are the Terms of Use (“Terms of Use” or “Agreement”) for your use of services or features on the website(s) owned or controlled by HRBeauty LLC dba RHODE (“RHODE” or “ we,” “ our” or “ us”) including www.rhodeskin.com (including, without limitation, both mobile and online versions of our web sites and all subsites thereof (collectively, referred to herein as the “RHODE Website”). We may add additional websites from time to time, and these Terms of Use will govern those new websites when added. You may be accessing the Website from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

RHODE makes no representation that the Website is appropriate or available in other locations other than where it is operated by RHODE. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject RHODE to any registration requirement within such jurisdiction or country/region. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions of Service (“Terms of Service”) constitute an agreement between RHODE and you, the visitor, governing your access and use of the RHODE Website and RHODE’s services, applications, content and products (collectively, the “Site”). Please read these Terms of Service carefully before you start using the Site. These Terms of Service are also incorporated by reference into our Privacy Policy.

Please note that there are additional policies that apply to your use of this Site:

2. Acceptance of these Terms of Service

WHEN YOU ACCESS OR USE THE SITE OR PURCHASE ANY PRODUCTS FROM THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING THE SITE AND DISCONTINUE USING THE SERVICES OR PRODUCTS PROVIDED BY RHODE. THESE TERMS OF USE APPLIES TO ALL VISITORS, USERS, VENDORS, CUSTOMERS, MERCHANTS AND OTHERS WHO ACCESS THE SITE.

Your access to and use of the Site is subject to your continued compliance with these Terms of Service and all applicable laws. Your right to access and use the Site will terminate immediately, without any further action by RHODE, if you breach these Terms of Service.

3. Modification, Termination and Changes to our Terms of Service

We reserve the right, in our sole discretion, to modify, terminate or update these Terms of Service at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Service will supersede and replace any previous Terms of Service effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Service as posted here for any changes. Your continued use of the Site after the posting of changes to these Terms of Service will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Site if you do not agree with any changes to these Terms of Service.

4. License to Use the Site

We are pleased to grant you a non-exclusive, revocable, limited license to use the Site solely for your personal and non-commercial use. You may only use the Site in the manner in which the Content (as defined below), products or services you access is intended and in compliance with these Terms of Service and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Site without the express written consent of RHODE. You may not use the Site or any of its Content, products or services to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Service are reserved and retained by RHODE and/or its Content or service providers. The licenses granted by RHODE terminate if you do not comply with these Terms of Service and/or any other Site terms and conditions.

By using the Site, you represent that you are not a person barred from using the Site under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Site unless expressly reserved in these Terms of Service.

5. Children’s Online Privacy Protection Act Notification

You may only use the Site if you are 13 years of age or older. To register for an account, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), purchase products, use services or otherwise use the Site, you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Site. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

Pursuant to 47 U.S.C. Section 230(d) as amended, RHODE hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.

The Site and Services are administered in the United States and are intended for US users. Any use outside of the United States is at the user's own risk and international users are responsible for compliance with local laws.

6. Registration / Accounts

You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”). Registered Users may create an account through our Website through the Login/Account page. Here, in a password protected page, Shopify stores information about a customer's identity, order history, and current order status. Customer details, such as address information, will be pre-filled from the stored information during checkout.

You do not need to create an Account to receive Content or other marketing information via an email or SMS Subscription or to view the Site. Please refer to our Privacy Policy for more details about submitting your personal information to us.

By creating an Account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with RHODE; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Site terminated by us, you may not access or use the Site under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Service, you agree to be responsible for ensuring that they comply with these Terms of Service. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to hello@rhodeskin.com with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges or purchases resulting from the use of your account. RHODE will not be liable for any losses caused by any unauthorized use of your account.

By providing RHODE your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site, special offers, and emails relating to your purchases. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or exclusive offers.

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook, Google or other account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

RHODE reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. You may terminate your Account at any time by sending an e-mail to hello@rhodeskin.com with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email or sending an email to hello@rhodeskin.com with “Unsubscribe” in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms of Service will expressly survive termination of these Terms of Service, the cessation of your use of or access to the Site, termination of your Account and/or cancellation of your Subscription.

7. Intellectual Property Rights

The Site and its content, features and functionality, including, without limitation, information, software, text, copywriting, fonts, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, and the trademarks, service marks and logos and HTML used to generate the pages (“Marks”) contained therein are the exclusive property of RHODE, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Site, any Content or the Marks is transferred to you and all rights not expressly granted are reserved. Any use of the Site that is not expressly permitted by these Terms of Service may be a breach of these Terms of Service and may violate copyright, trademark and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Service, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, copywriting, fonts, photographs, drawings, logos, images, sounds, music and video and audio files on the Site. RHODE tries to ensure that the Content is accurate and complete. Your use of the Site is at your risk. RHODE does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. RHODE and its suppliers make no warranties about the Content or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. RHODE reserves the right to withdraw, temporarily or permanently, any Content from the Site at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Site, you acknowledge, agree and confirm that RHODE is not liable to you or any third party for any such withdrawal.

Site Content is selected by our in-house team and is editorial content. We do not accept payment from third parties for products or Content to appear on the Site.

8. Restrictions

You may not under any circumstances:

Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Site or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
Mirror, frame, screen scrape or deep link to any aspect of the Site or access any Content through technology or means other than those provided or authorized by us;
Access the Site via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Site, or tamper with, impair, damage, attack, exploit or penetrate the RHODE system or network, or otherwise attempt to interfere with or compromise the system integrity or security of RHODE or any connected networks, or take any action to impact the proper operation of the Site and any person’s or entity’s use or enjoyment thereof;
Bypass the measures we may use to prevent or restrict access to or use of the Site, including by hacking into secured or non-public areas of the Site, circumventing any geo-blocking mechanisms or otherwise;
Use the Site to collect any personally identifiable information, including Account names and e-mail addresses, or use the Site for any commercial solicitation purposes, without our prior express written permission; or
Attempt to reverse engineer any aspect of the Site or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Site, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Site.

9. User Generated Material

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Site (“User Generated Material”) that may be accessible and viewable by the public.

With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Service or any of our other posted policies.

User Generated Material must not:

Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to any property;
Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of RHODE or any other person;
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
Misrepresent your identity or affiliation with any person or organization, including RHODE;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on RHODE or the networks or services connected to the Site or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
Be otherwise objectionable or non-family friendly as determined by RHODE at its sole discretion.

We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Site.

We may refuse, alter, or remove any User Generated Material without notice for any reason at RHODE’s sole discretion, including our belief that User Generated Material may violate these Terms of Service or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Site, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Service. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Site and your interactions with other users.

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Site that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Service. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Site, whether or not it violates our Terms of Service.

If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Site and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Site, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Site and from any claims related to the conduct of any other users.

10. Privacy and Communications

PRIVACY

We respect your privacy. By accessing or using the Site you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.

CONSENT TO ELECTRONIC COMMUNICATION

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Site as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

MOBILE MESSAGING TERMS

When you provide us with your mobile telephone number, you agree that RHODE may send you text messages (including SMS and MMS) to that mobile telephone number. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. RHODE will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.

You may opt-out of receiving any future text messages from RHODE at any time by texting "STOP" in response to a text message that you receive. If you opt-out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any text messages unless you re-subscribe. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Site.

You agree to notify us of any changes to your mobile telephone number by keeping the mobile telephone number in your Account current and updated. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

11. Modification or Suspension of the Site and Right to Terminate Your Use of the Site

We reserve the right to change, suspend or discontinue any aspect of the Site at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Site entirely. Any description of features on the Site shall not be considered to be a representation by RHODE that such features will always be included on the Site. From time to time, we may restrict access to some or all of the Site, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Site, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Site may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Site or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

13. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to RHODE, or other respective owners that have granted RHODE license to use such marks.

If you believe that any content appearing on the Site, including content created and/or displayed by RHODE or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

A notification of claimed copyright infringement should be e-mailed to our copyright agent at legal@rhodeskin.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:

HRBeauty LLC dba RHODE

c/o DMCA Takedown Request

9800 Wilshire Boulevard

Beverly Hills, CA 90212

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material;
how we can contact you, such as your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying RHODE and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with RHODE’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

14. Warranty Disclaimer

The information, software, products and services included in or available through the Site are continually upgraded and updated. While RHODE will use commercially reasonable efforts to verify the accuracy of any information it places on the Site, RHODE does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. ACCORDINGLY, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. RHODE AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE SITE, INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

RHODE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED SITE AND RHODE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT RHODE, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. RHODE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM YOUR ACCESS OF A LINKED SITE OR PURCHASE OF GOODS OR SERVICES FROM A LINKED SITE OR ANY THIRD PARTY. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.

The Site contains strictly opinion-based information. You acknowledge and agree that any reliance on the information and other materials included on the Site shall be at your sole risk and responsibility. RHODE reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Site and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

15. Indemnity and Release

You agree to defend, indemnify, and hold harmless RHODE and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against RHODE by any third party due to or arising out of or in connection with (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Site with your unique username, password, financial or billing information, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Service, the Privacy Policy and/or any use by you of the Site.

CALIFORNIA RESIDENTS: YOU EXPRESSLY WAIVE CA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

16. Limitations on Liability

THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF RHODE. RHODE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.

EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR RHODE AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SITE OR LINKED SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RHODE AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITE OR $50 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL RHODE AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS RHODE AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. RHODE MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

17. Law and Jurisdiction

These Terms of Service and any dispute that may arise between you and RHODE shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE SITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

18. Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Terms of Service, the Privacy Policy, the Site, any purchase, transaction, return, or other transaction with RHODE, and/or any other dispute between you and RHODE, you and RHODE agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to legal@rhodeskin.com. We will send any notice of dispute to you at the contact information we have for you. You and RHODE will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at legal@rhodeskin.com with “Arbitration Request” in the subject line. You may also contact us by mail at:

HRBeauty LLC dba RHODE

Attn: Legal

9800 Wilshire Boulevard

Beverly Hills, CA 90212

The arbitration will be conducted by JAMS under its Comprehensive Rules & Procedures then in effect, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with RHODE only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Service or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in and take place in Los Angeles County, California.

19. Waiver and Severability

No waiver by RHODE of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of RHODE to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall continue in effect.

20. Assignment

These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Service without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

21. Admissibility

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

22. Promotions

Any discounts, sales, sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

23. Limits on Purchases

We reserve the right to refuse any order you place with us. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may, in our sole discretion, place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases of merchandise on or through the Site.

24. Product and Pricing Information

Although RHODE has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and RHODE cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. From time to time, RHODE may make minor cosmetic changes to packaging that may not be reflected in all editorial content throughout the Website. Products displayed may be out of stock or discontinued, and prices are subject to change. RHODE is not responsible for typographical errors regarding price, availability or any other matter. Likewise, RHODE does not warrant the accuracy of customer product ratings, comments, or feedback.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

The Site is operated in the United States and products offered for sale on the Site are available for delivery within the United States only. The prices displayed on the Sites are quoted in U.S. Dollars.

All material and information presented by RHODE is intended to be used for personal, educational, or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure, or prevent any condition or disease. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor's doctor.

All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address all medical questions, concerns and decisions regarding the possible treatment of any medical condition. RHODE does not give or intend to give any answers to medical-related questions. RHODE does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The Products available on the Website, including any samples RHODE may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from RHODE. RHODE reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by RHODE in its sole discretion. Except where prohibited by law, RHODE may limit the number of Products available for purchase.

26. Entire Agreement

These Terms of Service and the other agreements referred to herein constitute the sole and entire agreement between you and RHODE with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

It is our goal to provide you with a first-class user experience, so if you have any questions or comments about these Terms of Service, please feel free to contact us by e-mail at legal@rhodeskin.com or write to us at:

HRBeauty LLC dba RHODE

Attn: Legal

9800 Wilshire Boulevard

Beverly Hills, CA 90212

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PRIVACY POLICY

Introduction

Scope of Privacy Policy

Terms and Conditions of Service

23. Limits on Purchases

24. Product and Pricing Information