Privacy & Disclaimer

PRIVACY POLICY

ZO Skin Health, Inc. (“ZO”, “our” or “we”) prioritizes the privacy of our users and has developed this privacy policy to show our commitment to those principles and to explain how we use certain information to serve and communicate with our users ("Privacy Policy"). This Privacy Policy is intended to explain how ZO collects, protects, uses, and discloses certain information, with whom it may be shared, and your options about such uses and disclosures. ZO strives to provide consumers with the highest level of service, and the collection of data allows us to provide you with a better, more personalized experience on our Sites. ZO does not sell any of the data that it collects, and we take every step to ensure that all collected data is safeguarded and protected in compliance with all applicable data protection laws. However, ZO respects its consumer’s privacy and choices, and you have the ability to opt out at any time.

We encourage you to read this Privacy Policy carefully when using our Sites or services or transacting business with us. This Policy is for consumers and visitors of our Sites residing in the United States only, and does not apply to any information collected by third-party websites, apps, or social media platforms. By using our Sites and associated products and/or services, you are accepting the practices described in this Privacy Policy and consent to the data collection and use practice described in this policy. As with ZO’s Terms of Service and Use, the mere act of visiting the Site, even without reading the subject legal document, will be viewed as acceptance of the terms contained in the Privacy Policy. If you have any questions or suggestions regarding this Privacy Policy, please email us at [email protected].

PRIVACY PHILOSOPHIES

Although our business and social network community have unique services and offerings, they share a similar privacy philosophy. ZO follows these privacy principles in our conduct in the collection, use, release and security of Information both online and offline:

• Providing you with notice of our information practices.

• Giving you choices about how your data will be used and the ability to opt-out at any time.

• Providing you with the opportunity to update or correct your personal information.

• Using information security safeguards.

• Committing to complying with applicable privacy requirements.

• Limiting the sharing of your information and requiring all partners to abide by applicable data protection laws.

• Providing you with means to contact us about privacy-related issues.

INFORMATION WE COLLECT ABOUT YOU

ZO collects information that is provided to us directly by you, information from your engagement with our Sites, advertising and media campaigns, and information from third parties who have gained your consent to share your data. We may also combine information collected via different methods in order to build a more complete profile of your preferences regarding our products and services, allowing us to provide a more tailored consumer experience. In order to better provide you with the products and services offered on our Sites, we collect two types of information about our users: personally identifiable information and aggregate information.

• Personally identifiable information refers to information that you provide that lets us know the specifics of who you are. When you engage in certain activities on our Sites, such as registering for an account on our website, making purchases from ZO (whether online or through the ZO Skin Centres), signing up for the ZO Skin Health email list, submitting content and/or posting comments on the ZO Blog or ZO social media accounts, leaving a product review, entering a sweepstakes or contest, or sending us feedback through the Contact Us form, we may ask you to provide certain information about yourself (information that can be used to identify you as an individual). Examples of personal identifiers may include your first and/or last name, email address, mailing address, telephone numbers, age group, gender, social media account handles, and other identifying information. When ordering products on the Site, you may be asked to provide a delivery address, billing address, and payment information (such as your credit card number).

• Aggregate information refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Sites, and what other websites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This technology enables us to determine (i) the IP Address of your computer and its geographic location; (ii) your search terms or interactive behavior on the Sites; (iii) your purchasing behavior; (iv) source of the information sought by you during your search; and (v) the age of your results data (collectively, “Shared Information”). We may use the information you provide in aggregate form for internal business purposes, such as generating statistics and developing marketing plans.

Automatic Collection of Data

Information concerning your computer hardware and software is automatically collected and may be shared with other affiliated websites. This information may include: your IP address, browser type and language, domain names, access times, referring website addresses and the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below). ZO uses this information to maintain the quality of its service and to provide general statistics about website visitors.

Cookies

When you visit our Sites, we may use one or more "Cookies" to make the Site easier for you to use, to better personalize your online experience, and to help tailor the Sites and our marketing around your preferences. Through the use of cookies, we also may automatically collect information about your online activity on our Sites, such as the web pages you visit, the links you click, and the amount of time you spend on the Sites along with managing and measuring the usability of our Sites and the consumer experience they provide. You can remove or block cookies using the settings in most browsers, but if you choose to decline cookies, you may not be able to sign in or use some of the features offered on our Sites.

Other Technologies

We may use the latest standard Internet technology, such as web beacons and other similar technologies, to track your use of the Sites. In some of our emails to our customers, we may use click through URLs that will bring you directly to that specific content on our sites. We also may include web beacons in our emails, newsletters, or notifications to determine whether messages have been opened and/or acted upon. This enables us to customize the services we offer our Site visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. We analyze and utilize this information to improve our marketing programs, change the frequency of our emails, and assess consumer interests.

Information Collected by Third Parties

We may allow third parties, including advertising companies, and ad networks, to display advertisements on our Sites and applications. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Unless expressly stated otherwise, our Sites do not provide any personal information to these third parties. This information may allow them to deliver targeted advertisements and gauge their effectiveness.

Information from Other Sources

We sometimes supplement the information that we receive that has been outlined in this Privacy Policy with information from other sources and companies. We may receive information from third-party partners, and this information may include marketing and demographic data, analytics information, and offline records. We may also receive information from other companies that collect or aggregate information from publicly available databases or if you consented to allow them to use and share your information. Such outside information includes updated delivery and address information from carriers or third parties, which enables us to correct our records and deliver your next purchase from this Site or future communications more easily; account information, purchase information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search terms and search result information from some searches conducted through the Site’s search features; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we use to help prevent and detect fraud.

Social Media Platforms

You also can and may engage with ZO directly, use chat functions, third-party applications, or log into our sites via social media platforms, such as Facebook, Instagram, and Google. When you engage with our content on or through social media or other third-party platforms, plug-ins, integrations or applications, these platforms share certain pieces of information with us, such as name, gender, profile picture, likes, interests, demographic, etc. This information is shared with us subject to the social media platform’s own respective privacy policy and is outside the scope of ZO’s Privacy Policy. You can control the information that we receive by changing your privacy settings offered by the respective social media platform.

Storage and Transfer of Personally Identifiable Information

ZO may store and process information data in the United States or any other country in which ZO or its affiliates, subsidiaries, or agents maintain facilities. By using ZO’s Sites, you consent to any such transfer of information outside of your country.

HOW WE USE THE INFORMATION WE COLLECT

We will primarily use your personally identifiable information to provide better products, service offerings, and support to you. Specifically, ZO collects and uses your personal information in order to operate the Sites and to deliver the services that you have requested; manage your account and provide you with customer support; provide tailored content and marketing based on your preferences; posting content and consumer reviews on our Sites and associated social media accounts; perform research and analysis about your use of (both personal and aggregate), or interest in, our products, services, or content, or products, services or content offered by others; conducting research and analytics; verify your identity and prevent fraud; verify your eligibility and deliver online and/or offline communication in connection with contests and sweepstakes; contact you regarding updates to our policies as well as enforcing our terms and conditions and complying with all applicable laws; manage our business and perform functions as otherwise described to you at the time of collection.

The collection of your e-mail address and name during account registration enables ZO to communicate with you regarding the status of your account and any orders placed as well as sending you any requested newsletter(s) or to send you any requested mailings or offers. If you indicated upon registration that you are interested in receiving offers or information from our partners and us, we may occasionally send you emails regarding product and event information, cosmetic tips or promotions. Only ZO will send you these solicitations, and only if you have previously indicated that you wish to receive them. If you prefer not to receive such emails, please do not opt-in to receive these emails. You may opt-out of receiving marketing emails from ZO when you register on the Site or otherwise provide contact information to ZO. ZO provides links to send email messages to the Sites for your convenience and your email address is used so that we may reply to your inquiry.

Information concerning your geographical location is used to determine if ZO should provide regionalized information to its customers. When you voluntarily enter a sweepstakes or contest, we request your email address and other contact information in order to be able to contact you in the event you are a winner of the sweepstakes or contest. Except as otherwise stated in this Privacy Policy, the personal information you provide on the Sites will not be shared with any third-parties, although ZO reserves the right to share such information with its affiliates and subsidiaries without your permission.

ZO tracks the pages on our Sites that our customers visit in order to determine which areas of the Sites are the most popular. This data is used to deliver customized content and advertising within the Sites to customers whose behavior indicates that they are interested in a particular subject area. The vast majority of data collection from Site visitors is used to assess the type of people visiting that Site and to determine what content is most frequently accessed by those visitors. This information helps ZO improve its Sites by offering content that more specifically meets the interests of its Site visitors.

WITH WHOM WE SHARE YOUR INFORMATION

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Sites or while using our services. We do not sell your personal information to any third parties.

Personally Identifiable Information

We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

Authorized Service Providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include processing orders, processing credit card payments, delivering products and services, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting other features and promotions offered through our Sites. When you enter into transactions with others or make payments on our Site, we will share transaction information with only those third parties necessary to complete the transaction. We will only provide these service providers with the limited information that they need to provide us with such services, including limited access to personal information needed to perform their functions. However, they are not permitted to share or use such information for any other purposes.

ZO Authorized Physicians. In order to purchase ZO products through our Site, you will be asked to choose a ZO Authorized Physician before completing your purchase. ZO Physicians can offer product guidance and help you experience safe and effective results. When registering an account with ZO, you will be given the option of agreeing to allow ZO to share your personal information with your selected Physician. We will only share your personal information with your selected Physician if you choose to “opt-in” at registration. If you do not wish for your information to be shared with your selected Physician, please do not opt-in.

Business Transfers: We may share information with and among other entities and affiliates of ZO.

As we continue to grow our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the Sites, personal information, usage data, and any other information that we have collected may be disclosed to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against ZO, all such information may be considered an asset, and as such may be sold or transferred to outside parties. For transfers in connection with a substantial corporate transaction, any acquiring entity or other third-party assignee will be bound by the terms of this Privacy Policy.

Business Partners: From time to time, we may offer promotions, sweepstakes or third-party offerings on our Sites. If and when you make purchases, engage in these services and/or products, offered through our Sites or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.

Legal Obligations: ZO may transfer and disclose information, including your personal information, usage data, and device identifiers to third parties in response to a subpoena, court order, or other requests for cooperation from a law enforcement or other government agency (including civil and criminal matters); to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion. This may include respecting requests from jurisdictions outside of the United States if we have a good faith belief that response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent illegal activity; to respond to an emergency; to protect and defend the rights or property of ZO or any of ZO’s Sites; and, act under exigent circumstances to protect the personal safety of users of ZO, its Sites, or the public; or to enforce our Terms of Service or other policies. This may include sharing information with other companies, lawyers, courts or other government entities where applicable.

Aggregated and Non-Personal Information

We may share aggregated and non-personal information we collect. We may also share it with third parties to develop and deliver targeted advertising on our Sites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. This information does not contain any personal information and may be used to develop services that we hope you and other users will enjoy using.

Third Parties

Any third parties to whom we may disclose personal information may have their own privacy policies, which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

GENERAL

User Generated Content

We do not screen, filter or monitor user submissions to the ZO Blog or submitted product reviews, nor do we scrape or glean personal information from any such submissions to the extent that any comment or other user submission contains personal information (including name, likeness, email address, whether such information pertains to the submitter or someone else), such personal information may be viewed by authorized users of the Sites with whom you have shared that information, subject to our Terms of Service. We do not gain access to any of your personal content, and only use metadata to enable the successful operation of our service.

Third-Party Websites

We use third party companies for advertisements, measuring the performance and engagement of our ads, and analyzing data regarding preferences and interests. There are a number of places on our Sites or through our services where you may click on a link to access other third-party websites that do not operate under our Privacy Policy. For example, if you click on an advertisement or a search result on our Sites, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, may provide us with information about your activities on those websites. We may recognize your data across different platforms and/or devices that you use which may result in you seeing “targeted” ads for our products on another website, social media platform, or device. We recommend that you consult the privacy statements of all third-party websites you visit.

You can always opt out of receiving targeted advertising through the Network Advertising Initiative Opt–Out Page. You can also opt out of certain targeted advertising programs, however even if you decide to opt-out of targeted advertising, you may still see ads for ZO, but they may not be targeted to you based on your collected information.

Accessing Your Information

If you have an online account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us (information provided below). We will retain your personal information for as long as your account is active or as needed to provide you with our services and/or as necessary to comply with certain legal obligations.

When you register on our Sites you may be given a choice as to whether you want to receive email notifications and/or newsletters. At any time, you can choose to stop receiving notification emails by accessing your account settings or through the link at the bottom of the emails. updating your preferences on the Sites; sending us an email to [email protected], or following the unsubscribe instructions in the communication(s) that you receive from us. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them as long as your account is active. Please note that, changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third-party (such as a credit card processing partner or an event provider) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third-party.

If you have an online account with us, you also may choose to close your account at any time by emailing us at [email protected]. If you close your account, we may still retain certain information associated with your account for analytical purposes and record keeping requirements, as well as to prevent fraud, collect any fees owed, enforce our Terms of Service, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.

In accordance with routine record keeping practices, we may delete records that contain personal information that has been previously collected. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information without some residual data due to encrypted backups of our databases and other record retention requirements.

Protecting Your Personal Information

ZO maintains reasonable security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access, disclosure, and/or destruction. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, and when transferring information for processing we require third parties providing services on our behalf to do the same. If you choose to create a profile on our Sites or if you choose to register for an account, you will be required to select a password which should be kept confidential. If you share a computer with anyone, you should always log out of the website before leaving it to prevent access to your information from subsequent users of that computer. There are, however, risks inherent in sharing information, and though we provide privacy settings, please be aware that no security measures are perfect or impenetrable. Therefore, although we take steps to secure your information, please note that we cannot ensure or warrant the security of any information you transmit to us. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. We are not responsible for third-party circumvention of any of our privacy settings or security measures.

User Submissions, Communities and Forums

We may provide areas on our Sites where you can post information about yourself, including your name and email address, communicate with others; upload content; and post comments/reviews. Any personally identifiable information or personally sensitive data that you voluntarily disclose through posting content on the ZO Blog, product reviews, or other public online forums hosted on the Site, may be collected and used by others. We encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.

Other Sites

We may link to other websites not owned or operated by ZO through postings on our Sites, which may include links from our partners or third-party advertisers. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may utilize their own cookie or other tracking technologies in order to collect your data or solicit personal information and may or may not have their own published privacy policies. We encourage you to review the privacy statements of the third-party websites you choose to visit so that you can understand how those websites collect, use and share your information. ZO is not responsible for the privacy policies or other content on third-party websites accessed through its websites.

Children's Privacy

Our Site is a general audience website, are not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. The Sites and the Services are not intended for use by children. You may access the Sites and use the Services only if you are of legal age to lawfully form a binding contract. If you are under the age of 18 and do not have a parent’s or legal guardian’s permission to visit the Sites, you may not access the Sites or use any Services. If you are 13 years of age or older, then you can only use the Sites and Services with the consent of your parent or legal guardian.

Visiting Our Websites from Outside the United States

The Sites are governed by and operated in, and in accordance with the laws of, the United States, and this Privacy Policy is intended to cover the collection of information on or via our Sites from residents of the United States. ZO is a global brand, and our use of your information may involve the transmission of data on an international basis. If you are visiting our Sites from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. These Sites are only intended for the use of domestically based United States citizens, for sales to locations within the US, and should not be used and/or is not an offer to sell product to any individual located outside the United States. If you are not domiciled within the United States, you are directed not to use any Services offered through our Sites, including but not limited to, opting in to receiving electronic communications, registering for an account, purchasing a product, submitting content and/or posting content on the ZO Blog, leaving a product review, or sending us feedback through the Contact Us form. By continuing to use the Sites, or providing us with any information, you acknowledge that the Sites are subject to the laws of the United States; you consent to the collection, processing, maintenance and transfer of such information in and to the United States or other countries where the privacy laws may not be equivalent to those in the country where you reside or are a citizen of; and you waive any claims that may arise under those laws.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Sites.

Changes to This Privacy Policy

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "Last Updated" date at the bottom of the Policy. Please note, we may change information on the Sites and/or this Privacy Policy at any time and any changes will be effective immediately upon the publication of revisions. We recommend that you check our Sites from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

CONTACT US

If you have any further questions regarding the data ZO collects, or how we use it, then please feel free to contact us by email at: [email protected], via phone at (888) 893-1375, or in writing at:

ZO Skin Health, Inc.

9685 Research Drive

Irvine, CA 92618

USA

Last Updated: June 10, 2020

Open Payments Database Information

Pursuant to Assembly Bill (AB) 1278, physicians are required to provide a notice to their patients regarding the Open Payments database (Database), which is managed by the U.S. Centers for Medicare & Medicaid Services, or CMS. The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov