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Face Architect Information Notice

NYX, part of L'Oréal USA, Inc., has instituted the following Information Notice related to any personal information that NYX may obtain, possess, use, process, transfer, or store about you ("You") as a result of Your use of MYAIA. For further information about NYX's privacy practices as they relate to this other personal information NYX collects about You when You use our website or other NYX services, please review NYX's PRIVACY POLICY.

Purpose

The purpose of the collection, storage, processing, and use of personal information for MYAIA is to provide You with a meaningful, efficient way to evaluate products for potential purchase and use. When You use NYX's MYAIA, NYX collects and processes certain data, see "How It Works," infra, in order to deliver a better beauty experience to You. NYX may use information about You to communicate with You about NYX's beauty products and services; answer questions; create better experiences; provide tailored advertising, content, services, recommendations, and communications; fulfill product purchases and process payments; analyze use of NYX's products and services, without any associated personal identification information of users, so as to improve effectiveness of NYX's Site, customer service, and offerings, including improvement of the virtual MYAIA tool and underlying algorithm; conduct research, including high-level analytics without associated personal identification information; to comply with applicable laws or legal obligations; and TO ENFORCE THE TERMS OF USE, which additionally govern and apply to Your use of MYAIA.

How It Works

In order to use MYAIA, You must upload an image or photograph of Yourself (a/k/a, a "selfie"). Your photograph will be transmitted from Your device to a central cloud-based hub, where it is analyzed. NYX will use an algorithm to analyze the selfie to detect face landmarks to localize the region around key facial features (i.e., outline of eyes, lower part of nose, outline of lips, etc.). This information is used for visualization and to digitally apply makeup to the correct areas. It is not used to identify or verify the identity of any individual.

NYX also uses additional algorithms for shape and color detection. These algorithms analyze the selfie to generate general, physical descriptions of Your features such as: eyebrow color; eye color; eyebrow shape; eye crease; eye shape; face shape; lips description; skin tone(s); skin undertone(s); and hair color. The algorithm must choose from a fixed range of pre-trained options for each description and cannot make a unique conclusion for any user outside of these general feature categories. You will have the ability to edit some of the feature proposals recommended by MYAIA (e.g., You may choose a different eye shape than MYAIA recommends). If You edit some of the features recommended by MYAIA, MYAIA will consider Your additional input to provide You with updated recommendations. This information is used to provide You with various product and ‘look' recommendations and is not used to identify You or verify Your identity.

Your Consent For Collection and Use of Your Personal Information

When You use MYAIA, you specifically consent that:

  • NYX is collecting, capturing, possessing, storing, or obtaining the picture You provide, and data obtained or created from Your picture (including the automated recognition of various facial landmarks), that might qualify as biometric data, biometric information, or a biometric identifier under various laws.
  • NYX may share, disclose, or disseminate information about You with any other affiliated company or brand as well as its service providers.

When You consent to ‘receive your look,' You also agree to the storage or retention of personal information about You, including information derived from Your image. Specifically, You consent that:

  • NYX will store personal information about You within the NYX app as described in our Privacy Policy, which will be retained subject to limitations in our PRIVACY POLICY.

YOU UNDERSTAND THAT YOUR CONSENT TO THIS INFORMATION NOTICE IS A PREREQUISITE TO USE OF MYAIA.

NYX's MYAIA Information Notice coexists with, supplements, and does not supplant, obviate, replace, or otherwise supersede or suspend any other policy applicable to Your use of NYX's website and MYAIA, including the TERMS OF USE and PRIVACY POLICY.

NYX's MYAIA Information Notice is subject to periodic updating, including to the extent that NYX begins collecting personal information for any other purposes not specified herein. NYX reserves the right to amend this policy at any time, which amendments will further apply to Your use of MYAIA subsequent to their enactment.

Data Retention

NYX only briefly stores your selfie. Once the information is returned to You, Your selfie is deleted from the central cloud-based hub (generally within a matter of seconds of completion of the analysis).

The coordinates of facial landmarks, the results from the analysis (including facial descriptions), and all look recommendations provided to You are then stored in the central cloud-based hub to help NYX and its affiliates improve its Products and its users' experiences. This data will be stored only as long as needed for NYX and its affiliates' business purposes and any event, no longer than 3 years.

If You voluntarily provide NYX with Your name and contact information (‘contact information'), or You sign-up to receive promotional messages from NYX, any information you provide while using MYAIA, the results of the analysis, general physical description(s) of Your face, and all look recommendations will be stored within Your profile at NYX. The information listed will be retained by NYX in accordance with NYX's record retention and privacy policies and in accordance with applicable law. For residents of Illinois, we will only store the general physical descriptions of Your face as long as needed by NYX and in any event no longer than 3 years from the date of Your last interaction with MYAIA].

Depending on your location, You may have the right under the law of your state of residence to request deletion of, data about you at any time. In order to so indicate, You shall submit the request using the methods outlined in NYX's PRIVACY POLICY.

If You request deletion of data about you, You understand and acknowledge that NYX will keep a log of Your doing so, which log will include information such as Your name, date of request, manner of request, and date of fulfillment:

PLEASE NOTE that should You request deletion of data about You at a time when NYX is compelled by law or order of court of competent jurisdiction to maintain such data, NYX will not immediately comply with Your deletion request. NYX may also deny a deletion request where otherwise permitted to do so by applicable law.

Data Storage

NYX uses a reasonable standard of care to store, transmit, and protect from disclosure any data used in MYAIA consistent with the sensitivity of the data. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.

Disclosure

NYX may share, disclose, or disseminate personal information with any other affiliated company or brand. NYX will also disclose personal information to NYX's service providers who help NYX provide You with services. NYX may disclose information in connection with the sale or purchase of our assets, or in connection with any bankruptcy or reorganization proceeding. NYX may also disclose personal information to comply with federal or state law, local law, municipal ordinance, or court order, including in connection with a validly issued warrant or subpoena (or other legal process); to verify or enforce our TERMS OF USE or other applicable policies; to respond to an emergency; or to otherwise protect the rights, property, safety, or security of third parties, visitors to our Sites, or the public.

For more information about NYX's disclosure practices, or for additional information about rights available to you, please visit our PRIVACY POLICY.

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