Privacy Policy

This Privacy Policy was last updated May 15, 2024.

The Alchemee LLC, a Delaware limited liability company, ("Alchemee," "the Company," we," "us," "our") has created this privacy policy (the "Policy") to explain our privacy practices so you will understand when and how personal information is collected, used, disclosed and protected with respect to this website (the "Website"). In order to use the Website, you must be (a) 18 years or older; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. By using the Website, you consent to the privacy practices described in this Policy, as modified from time to time by us. Therefore, you should carefully review this policy so you understand our privacy practices.

TABLE OF CONTENTS

1. Information Collection
2. Use/Disclosure of Personal Information
3. Access and Updates to your Personal Information
4. Technology Utilized; Tracking Technologies
5. External Links
6. International Users
7. Your California Privacy Rights
8. Notification of Changes
9. Contact Information

1. Information Collection

   There are several ways we may obtain information about you, including from:

   • You directly;

   • Other site users;

   • Social media platforms;

   • Third party service providers; and

   • Tracking technologies.

   When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as "Personal Information." This Personal Information may include the following categories:

   • Identifiers: These include your name, postal and email address, phone number, online identifier, Internet Protocol address, and other unique identifiers.

   • Information in Customer Records: Name, physical characteristics or description, address, telephone number, credit card number, debit card number, and other financial information.

   • Characteristics of Protected Classifications Under California or Federal Law: Age and gender.

   • Commercial information: Records of products purchased, and your usage history and preferences.

   • Internet/Network Activity: Web/app browsing and search history related to our Website or services, and information regarding your interaction(s) with the Website, services, or advertising.

   • Geolocation Data: Data concerning the location of devices you use.

   • Electronic and Sensory Data: Audio, electronic, visual, or similar information (e.g., a recording of a customer service call or profile photograph).

   • Inferences: The inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.

   • Sensitive Personal Information: Financial account number, credit card number, and personal information concerning an individual’s health.

   We also work with various types of data that are de-identified or aggregated, and not reasonably capable of being associated with, or reasonably be linked, directly or indirectly, with you or your household. This data is not Personal Information.

   Personal Information You Provide

   We collect Personal Information about you via our Website when you provide it through various forms and places on the Website such as in connection with a request for a product, service, or information or if you register for a Website account. In general, you may browse our Website without providing any Personal Information. If we combine demographic information with the Personal Information we collect directly from you on our Website, we will treat the combined data as Personal Information under this Privacy Policy. When you submit your Personal Information to the Website, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in the Policy.

   Personal Information Collected from Others

   We may receive information about you from your friends and others that use the Website, namely through our "Refer a Friend" program such as when they submit your information to us about you.

   Personal Information Collected Automatically

   We may also use tracking technologies (as described below) in order to automatically (or passively) collect, store or accumulate certain information concerning your use of this Website, such as information regarding which of our pages are most popular, your IP address, UDID or other unique identifier, browser type such as Internet Explorer®, Safari®, Chrome®, etc., city, time zone, referring URL, and operating system such as Windows®, Mac®, iOS® or Android®. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving the Website. We may share or transfer such information with or to our affiliates, licensees and partners and other third parties.

   We may combine automatically collected Website usage information with your Personal Information. In those cases, we will apply this Privacy Policy to the combined information.

   Children's Privacy

   We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at [email protected] if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.

2. Use/Disclosure of Personal Information

   The Company and its affiliates and subsidiaries may use the Personal Information that you provide for business purposes, such as to fulfill your request for a product, information, or other service, or respond to an email or other request, as well as for commercial purposes such as to create and deliver to you our newsletters or surveys, email and postal mail marketing communications containing product information, usage tips or promotions, help improve our Website or services, or customize visitors' experience at our Website.

   We want to communicate with you via email and/or postal mail correspondence only if you want to hear from us. If for any reason you would no longer like to receive email and/or postal mail messages from the Company, you can click here to remove yourself or choose the "unsubscribe" option in each email footer. Please allow up to 10 days for us to process your request. Please note, if you opt not to receive marketing emails from the Company, you may still receive "transactional" email or postal mail correspondence regarding your account or use of the Website. If you have questions or concerns regarding this statement, please contact us at [email protected].

   We may contract with third party companies or individuals to provide certain services for business purposes including email and hosting services, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. We call them our "Service Providers." We may share Personal Information with Service Providers solely as appropriate for them to perform their functions, but they may not use such information for any other purpose.

   The Company in its sole discretion may disclose Personal Information in certain circumstances: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may cause injury to or interference with (either intentionally or unintentionally) the legal rights of the Company or the Website, or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it, including compliance with legal process served on the Company; and (3) in situations involving threats to the physical safety of any person or entity.

   Business Transfers

   Information about our users, customers, and the Website is one of our most important business assets. Therefore, such information, including Personal Information, may be disclosed as part of any merger or acquisition, creation of a separate business, or the sale or pledge of Company assets as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as one of the business assets of the Company.

3. Access and Updates to Your Personal Information

   If your Personal Information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing our Customer Support at [email protected] or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request within a reasonable timeframe. In some instances, we may not be able to correct or delete information shared with third parties. Pursuant to applicable law, we may be entitled to refuse to act on the request. For example, our Website uses tracking technologies to help keep track of items you put into your shopping cart including when you have abandoned your cart, and this information is used to determine when to send cart reminder messages via SMS and/or other communication channels.

4. Technology Utilized; Tracking Technologies

   We and our service providers may use technologies such as cookies, beacons, tags, browser fingerprinting, recognition technologies and scripts, to analyze trends, administer the Website, track users’ movements around the Website, monitor the performance of the Website, measure its effectiveness, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our Website, and/or analyze your visiting patterns and to gather demographic information about our user base as a whole.

   We may work with third parties, such as network advertisers and analytics partners, that use tracking technologies on our Website. You will be given the opportunity to agree to allow or decline the use of such tracking technologies, and you can change these selections at any time via the "Your Privacy Choices" link available in the Website footer. Please note that your choices as to whether to allow or decline tracking technologies are browser and device specific. Therefore, if you visit the Website from a different browser or device, or clear your cookies, you will need to set your preferences on each browser and device. Our network advertising partners use tracking technologies in order to better understand your interests, so as to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet. Third party analytics partners use tracking technologies to evaluate and provide us with information about the content viewed on our site.

   Tracking technologies used on our website may include:

   • "Cookies" are small pieces of information stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent this. However, if you disable cookies, you may be unable to use other features of our Website and you may have less than a satisfactory experience.
   • "Clear gifs" (also known as "web beacons" or "pixel tag") are tiny graphics with a unique identifier, similar in function to cookies, and are used to help us monitor activity on our website and better optimize our advertising.
   • "Network traffic monitoring" is programming that monitors and analyzes network traffic, and can be used to capture data being transmitted on a network, including plain-text data and computer IP addresses.
   • "Active scripting" is programming code that is designed to collect information about your interactions with the Website, such as which links you click on. The code is temporarily downloaded onto your computer or mobile device from our server or a third party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.

   We may combine automatically collected aggregate information with your Personal Information. In those cases, we will apply this Policy to the combined information.

   Do Not Track Signals

   Some web browsers are developing or offering 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., a "Do Not Track" ("DNT") signal). A DNT signal is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. We do not use or allow third parties to use cross-site tracking technologies on our site unless you agree to allow the use of such tracking technologies. As a result, we do not monitor or take any action with respect to DNT signals.

5. External Links

   Our Website may offer links to and from other third party sites. We are not responsible for the content or information on those websites. In addition, other websites have their own privacy policies. If you visit one of these sites, you may want to review the privacy policy on that site. For example, you may have linked to the Company’s Website through a banner advertisement on another site. In such cases the site you have linked from may collect information from people who click on the banner or link. Please refer to the privacy policies on those sites to see how they collect and use your information.

6. International Users

   Our Website are operated in the United States and intended for users located in the United States. Like almost every website, our Website may be accessed by an international audience. By visiting our Website and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By providing us with your data, you consent to the transfer of such data.

7. Your California Privacy Rights

   The California Consumer Privacy Act (CCPA) creates consumer rights for residents of the state of California relating to the access to, correction of, deletion of, and disclosure of Personal Information that is collected by businesses. The CCPA defines terms such as "sale," "share," and "personal information" more broadly than you might think. This section uses the definitions provided by the CCPA.

   Categories of Personal Information Collected, Sources, and Retention Period

   In the last 12 months, Alchemee has collected the categories of Personal Information described in the Information Collection section of this Policy. The sources of this information are also described there. Information about our business purposes for collecting your Personal Information is described in the Use/Disclosure of Personal Information section of this Policy. We retain each category of Personal Information for the duration of your relationship with us, as applicable, and longer as may be required by applicable laws or necessary for our legitimate business purposes.

   Categories of Personal Information "Sold" or "Shared" with Third Parties for Cross-Context Behavioral Advertising

   We are required to describe certain transfers of Personal Information as "sales" under the CCPA and to disclose the categories of Personal Information "sold." We are also required to disclose the categories of Personal Information shared with third parties for cross-context behavioral advertising. In the last 12 months, Alchemee has "sold" and "shared" (as defined by the CCPA) the following categories of Personal Information:

   • Identifiers: Sold to/shared with social media networks, data analytics providers, and advertising networks; and

   • Internet/Network Activity: Sold to/shared with social media networks, data analytics providers, and advertising networks.

   • Geolocation Data: Sold to/shared with social media networks, data analytics providers, and advertising networks.

   The purpose for these disclosures of Personal Information is to provide you with information about products, services and special offers we think may interest you or to improve our products, services and advertising

   We do not knowingly sell or share Personal Information about persons under the age of 16.

   We do not purchase, sell, share or rent text messaging personal information or opt-in lists

   Categories of Personal Information Disclosed

   In the last 12 months, Alchemee has disclosed the following categories of Personal Information for the business purposes described in the Use/Disclosure of Personal Information section of this Policy:

   • Identifiers: Disclosed to billing service providers, email service providers, customer service platforms, and fraud protection services.

   • Information in Customer Records: Disclosed to billing service providers, email service providers, customer service platforms, and fraud protection services.

   • Characteristics of Protected Classifications: Under California or Federal Law, disclosed to customer service platforms and fraud protection services.

   • Commercial Information: Disclosed to payment processors, product fulfillment vendors, email providers, site personalization platforms and marketing analytics services.

   • Internet/Network Activity: Disclosed to marketing analytics services, email service providers, site search providers and site personalization platforms.

   • Geolocation Data: Disclosed to marketing analytics services, email service providers, site search providers and site personalization platforms.

   • Electronic and Sensory Data: Disclosed to customer service platforms.

   • Inferences: Disclosed to marketing analytics services, email service providers and site personalization platforms.

   • Sensitive Personal Information: Disclosed to billing service providers, email service providers, customer service platforms, and fraud protection services.

   Our Uses and Disclosures of Sensitive Personal Information

   Under the CCPA, business are permitted to use and disclose Sensitive Personal Information for the purposes below without providing an opt-out. Alchemee uses and discloses Sensitive Personal Information only for these purposes:

   • Performing the services or providing the goods reasonably expected by an average individual who requests those goods or services.

   • Ensuring security and integrity.

   • Preventing, detecting, and investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information.

   • Resisting malicious, deceptive, fraudulent, or illegal actions directed at the business and prosecuting those responsible for those actions.

   • Ensuring the physical safety of natural persons.

   • Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of an individual's current interaction with the business, provided that the individual's personal information is not disclosed to a third party or used to build a profile about the individual or otherwise alter the individual's experience outside the current interaction.

   • Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services.

   • Undertaking activities to verify or maintain the quality or safety of a product, service, or device that is owned, manufactured by, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

   • Collecting or processing Sensitive Personal Information where such collection or processing is not for the purpose of inferring characteristics about an individual.

   Your Rights

   California residents may take advantage of the following privacy rights pursuant to the CCPA:

   • You may request, up to two times each year, that we disclose to you the categories and specific pieces of Personal Information that we have collected about you, the categories of sources from which your Personal Information is collected, the business or commercial purpose for collecting your Personal Information, the categories of Personal Information that we disclosed for a business purpose, any categories of Personal Information that we "sold" or "shared" about you, the categories of third parties to whom we have disclosed your Personal Information, and the business or commercial purpose for selling, sharing, or otherwise disclosing your Personal Information, if applicable.

   • You may request that we correct any inaccurate Personal Information we maintain about you.

   • You may request that we delete any Personal Information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation.

   • You may request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months.

   If you are a California resident and would like to submit a privacy rights request, please contact us using our webform, at 1 (888) 872-9582, or by email to [email protected].

   You must put the statement "Your California Privacy Rights" in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We may take steps to verify your identity before responding to your request by verifying that you control the email address associated with your Personal Information, verifying account information, and asking you a series of questions about your previous interactions with us. We reserve the right to take additional steps or require additional information to verify your request. If you exercise any of the foregoing rights, we will not discriminate against you, such as by denying you access to our products or restricting your access to products of certain pricing or quality. We will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.

   Opt-Out Requests

   You have the right under the CCPA to opt out of the sale and sharing of your Personal Information. To opt out of the sale and sharing of your Personal Information, please click on the "Your Privacy Choices" link on our website footer.

   Agent Requests

   You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. Alchemee retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.

   Notice of Financial Incentives

   Under the CCPA, the Proactiv Perks program may be considered a "financial incentive" program. The Proactiv Perks program offers eligible customers an opportunity to earn rewards redeemable for Proactiv products, and to receive special offers and gifts. Click here to learn more about the program and to opt in. The complete Terms and Conditions are here, including details on how to un-enroll in the program at any time.

   When you sign up for Proactiv Perks, we typically ask for your name, physical address, email address and a mobile phone number. Because we collect your personal information to administer the Proactiv Perks program, this may be interpreted as a "financial incentive" under California law. The value of your personal information that we collect is reasonably related to the expenses related to the rewards and other offers and gifts we offer to our customers as part of the program.

8. Notification of Changes

   We may revise this Privacy Policy from time to time. If we decide to change our Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Policy. Your continued use of the Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Website.

9. Contact Information

   If you have any questions about the Privacy Policy or practices described in it, you should contact us at [email protected].