Shade Finder Information Notice

NYX Professional Makeup, part of the Consumer Products Division of L’Oreal USA, Inc. (collectively, “NYX PMU”), has instituted the following Information Notice related to any personal information that NYX PMU may obtain, possess, use, process, transfer, or store about you (“You”) because of Your use of Shade Finder. For further information about NYX PMU’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 PMU’s PRIVACY POLICY.

Purpose

The purpose of the collection, storage, processing, and use of personal information for Shade Finder is to provide You with a meaningful, efficient way to evaluate products for potential purchase and use. When You use NYX PMU’s Shade Finder, NYX PMU collects and processes certain data, see “How It Works,” infra, in order to deliver a better beauty experience to You. NYX PMU may use information about You to (A) communicate with You about NYX PMU’s beauty products and services; (B) answer questions; (C) create better experiences; (D) provide tailored advertising, content, services, recommendations, and communications; (E) fulfill product purchases and process payments; (F) analyze use of NYX PMU’s products and services, without any associated personally identifiable information of users, so as to improve effectiveness of NYX PMU’s Site, customer service, and offerings, including improvement of the virtual Shade Finder tool and underlying algorithm; (F) conduct research, including high-level analytics without associated personally identifiable 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 Shade Finder.

How It Works

In order to use Shade Finder You must upload a video selfie of Yourself. Your video selfie will be transmitted from your device to a central cloud-based hub, where it is broken down into frames. NYX PMU will use an algorithm to analyze the video 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 to center, zoom, crop, and remove unnecessary features from the image(s) (such as eyes, nose, and mouth).]

NYX PMU will use an additional algorithm to analyze the frames to calculate an estimate of Your skin tone. By analyzing multiple frames from the video You uploaded, the algorithm will take an average of the values and match it to a model. This information is used to provide you with recommendations. You will then be provided with Your results and suggested product(s).

If you agree to receive your results information will be retained in your profile at NYX PMU as outlined in this Notice.

Your Consent For Collection and Use of Your Personal Information

When You use Shade Finder, you specifically consent that:

• NYX PMU 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 PMU may share, disclose, or disseminate information about You with any other affiliated company or brand (including its parent (L’Oreal S.A.) and subsidiaries) as well as its service providers (such as the provider of cloud services used to provide You with the service). NYX PMU’s parent company, L’Oreal S.A. will use the information as described in this Notice, including for analytics, market research, and to improve the algorithms to enhance its products and services.

When you consent to receive Your results, You also agree to the storage or retention of personal information about you, including information derived from Your Image. Specifically, you consent that:

• NYX PMU will store personal information about You 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 SHADE FINDER.

NYX PMU’s Shade Finder 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 PMU’s website and Shade Finder, including the TERMS OF USE and PRIVACY POLICY.

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

Data Retention

NYX PMU 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 analysis used to calculate Your skin tone, and all recommendations provided to You are stored in the central cloud hub to help NYX PMU and its Affiliates (including its parent and subsidiaries) improve its Products and its users’ experiences. This data will be stored only as long as needed for NYX PMU and its Affiliate’s (including its parent (L’Oreal S.A.) and subsidiaries) business purposes and, in any event, no longer than 3 years after our last interaction with You. It is then deleted.

If You voluntarily provide NYX PMU with Your name and contact information (‘contact information’) to receive Your results, any information you provide while using Shade Finder, the results of the analysis, results of the analysis of Your selfie, the identified skin tone/undertone, and product recommendations are stored within Your profile at NYX PMU and retained and used by NYX PMU in accordance with NYX PMU’s record retention schedule, Privacy Policy, and in accordance with applicable law. For residents of Illinois, we will only store information derived from the analysis of Your selfie (i.e., Your skin results) as long as needed by NYX PMU and in any event no longer than 3 years from the date of our last interaction with You. Information is then deleted.

Right of Deletion

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 PMU’s PRIVACY POLICY.

If You request deletion of data about you, You understand and acknowledge that NYX PMU 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 PMU is compelled by law or order of court of competent jurisdiction to maintain such data, NYX PMU will not immediately comply with Your deletion request.

Data Storage

NYX PMU uses a reasonable standard of care to store, transmit, and protect from disclosure any data used in Shade Finder 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 PMU may share, disclose, or disseminate personal information with any other affiliated company or brand. For example, as disclosed in this Notice, NYX PMU’s parent – L’Oreal S.A. – accesses information for analytics, market research, and to improve its products and services (including its algorithm). NYX PMU will also disclose personal information to NYX PMU’s service providers who help NYX PMU provide You with services. NYX PMU may also disclose personal information in connection with a business transfer, such as a sale or purchase of all our assets or in connection with any bankruptcy or reorganization proceeding; to comply with federal or state law, local law, municipal ordinance, or court order, including in connection with a validly issued warrant or subpoena; to verify or enforce our Terms of Service 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 Services, or the public.

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