Privacy Policy

This Privacy Policy (the “Privacy Policy”) applies to our website available at Kiara B. Cosmetics and (collectively, the “website” or “site”) operated by Kiara B. Cosmetics, LLC (“Kiara B. Cosmetics, “Company” “we,” “our”, or “us”), as well as to the services available via the website and otherwise (including online and offline third-party services) and information available on the website (collectively, the “Services”). This Privacy Policy describes how we collect, use, and disclose information, governs how we treat this information, and lets any visitor to the website (collectively, "you,” and/or “your”) know your associated rights. Please read this Privacy Policy carefully; once you consent to this Privacy Policy and its terms, it creates legal obligations on you and on Kiara B. Cosmetics.

Our Website contains links to other websites for your convenience and reference. We are not responsible for the privacy practices or the content of those sites.

WHAT PERSONAL INFORMATION DO WE COLLECT FROM THE PEOPLE THAT VISIT OUR BLOG, WEBSITE OR APP?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience. This information consists of the following:

Personally Identifiable Information. We collect certain information that identifies you as an individual (collectively, “Personally Identifiable Information”). The Personally Identifiable Information we collect may include the following:

• Your name;

• Your phone number;

• Your email address;

• Your name (and/or company name, as applicable);

• Your shipping and billing address;

• Device identifiers, such as cookies and IP addresses;

• Device information, such as hardware and software settings;

• IP addresses and log information, such as your device’s name, the type and version of your web browser, and referrer addresses that can function to identify a user device; and

• Tracking information that we, or a third party, may collect.

Anonymous Information. Our website also collects, processes, and/or uses information that does not identify You or Your devices, including Personally Identifiable Information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individual subjects of the information cannot be re-identified, or (ii) anonymizing the information with techniques that remove or modify the identifying data so as to prevent re-identification of the anonymized information (collectively, “Anonymous Information”). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information.

Treatment of Combined Information. If we combine Non-Personally Identifiable Information or Anonymous Information with Personally Identifiable Information, we treat the resulting combination as Personally Identifiable Information.

WHEN DO WE COLLECT INFORMATION?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, Use Live Chat or enter information on our site. We collect the above information through the following means and technologies:

Contacting our Company. You can contact us with questions or comments – for example, you can contact us to learn more about our products and services. In order to communicate with us, you must provide certain Personally Identifiable Information.

Information Provided to Third Parties. As explained further in How We Share Your Information – Our Service Providers,” we may engage third parties to perform certain services for us or on our behalf, including but not limited to verification, payment processing, shipping, customer service, etc.. Any communication by you on the website may be managed by such third parties, and we may obtain those communications by the applicable service provider your information that you provide.

Newsletters. We may offer newsletters and other content about our Company, our services and products, and other issues that we believe may be of interest to You. We will use Your Personally Identifiable Information to provide You with this content. You can opt-out of receiving this content, by following the instructions set out in Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information.

Device Identifiers; Logs; IP Addresses. To determine whether your device is supported by the Website and Services, we may collect certain information about your device and network, including your IP address, your operating system and browser, your device model, information about your use of the website or Services, as well as the presence of any software that the website or Services may require to operate with your device, or other third party software or mobile apps on your device. We automatically receive and record this information in log files, and this is generally Non-Personally Identifiable Information.

Cookies. A cookie is a small amount of data that is sent to your browser from a website’s computers and stored on tour computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on the website and use them to recognize you when you return to the website. You may choose not to accept cookies. Important: Any adjustments you may make to the settings in your browser software concerning the acceptance or refusal of cookies may modify your browsing on the Internet and your terms of access to certain services requiring use of these cookies. For example, by refusing certain essential cookies, you may no longer be able to place orders on our website. If you choose to refuse the registration of cookies on your terminal or if you delete cookies that are already registered, we decline all responsibility for any consequences relating to the degraded performance of our services resulting from the fact we are unable to register or consult the cookies required for their performance and which you have refused or deleted.

Beacons and Tags. The Website may use certain data collection technologies that rely on (i) beacons; (ii) pixel tags and object hyperlinking tags; and (iii) other means to link an object to an Internet address, a remote software application, a remote database, or other remote means of receiving or processing information. We may use these technologies to tell us what parts of the website have been visited or to measure the effectiveness of searches that users perform on the website. These technologies also enable us to send email messages in a format users can efficiently read, to learn whether these email messages have been opened, and to help ensure, for example, that our messages are of interest to our users. These technologies provide us with Anonymous Information, Non-Personally Identifiable Information and, in certain instances, Personally Identifiable Information.

Click-Throughs. We may send email messages or display links that use a “click-through URL” linked to the website or to another resource. When you click one of these URLs, You pass through our web server before arriving at the destination website page or other resource. Click-throughs may use and collect Anonymous Information and Non-Personally Identifiable Information. We may track this click-through data to help determine interest in particular topics and measure the effectiveness of our user communications.

Links to Third-Party Sites. The Website may also contain links or produce search results that reference links to third party websites (collectively “Linked Sites”), such as those to visit our pages on social media websites. Our Company has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites. Our Company does not endorse the content of any Linked Site, nor does our Company warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the website to search for or link to another site, you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, then the information that you submit shall be governed by the Linked Site’s privacy policy and/or terms of use, and not by our Company’s Privacy Policy, and Terms and Conditions.

Other Technologies and Data Sources. We may combine Personally Identifiable Information that you provide to us with other data, including demographic information (such as age, job industry, or job title) for purposes of responding to your inquiries, and for other purposes specified in this Privacy Policy. If information we combine in this manner includes your Personally Identifiable Information, we will treat the combined information as your Personally Identifiable Information for all purposes under this Privacy Policy.

Biometric Data. The website does collect biometric data, including the use of email addresses in combination with a password or security question answer. In addition our service providers may collect such data as described in “How We Share Your Information – Our Service Providers.” If you submit Personally Identifiable Information (including biometric data) to one of our service providers, the information you submit shall be governed by the service provider’s privacy policy and terms of use, and not by our Privacy Policy, and Terms and Conditions.

HOW DO WE USE YOUR INFORMATION?

We use the information we collect or process, including Anonymous Information, Non-Personally Identifiable Information, and Personally Identifiable Information, as permitted under applicable law, including where the use is based on (i) the consent you provide to us at the point of collection; (ii) performance of our agreement to provide you with the Services; (iii) compliance with our legal obligations; and/or (iv) our Legitimate Interests (“Legitimate Interests”), as well as a third party’s Legitimate Interests. More specifically, we use the information we collect for some or all of the following:

Our Uses of the Information

Bases for Our Use

• To provide you with the Services You request and, specifically, to allow us to send You email with information

• Performance and management of our agreement with you

• To conduct fraud monitoring, prevention, and detection activities

• Our Legitimate Interests

• To respond to your inquiries

• Performance and management of our agreement with you

• Our Legitimate Interests

• To customize your visit to and use of the website and Services.

• Our Legitimate Interests

• To determine which of our products, services, and content (including, if applicable, our newsletter) might interest you and, upon making this determination, to provide you with the associated information.

• Your consent

• Our Legitimate Interests

• To track access to and use of the website and Services, and conduct data and other analyses, including anonymization and aggregation of Personally Identifiable Information

• Our Legitimate Interests

• To perform internal administration, auditing, operation, and troubleshooting for the website and Services

• Our Legitimate Interests

• To engage in the activities specified in “How We Share Your Information”

• Our Legitimate Interests

• Compliance with our legal obligations

• Performance and management of our agreement with you

• To evaluate and improve the Website, Services, and our communications, and to develop and test new services and content

• Our Legitimate Interests

• To comply with Applicable Law

• Compliance with our legal obligations

HOW WE SHARE YOUR INFORMATION?

We value your privacy. We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. We share as follows:

Our Service Providers (“Service Providers”). We engage third parties to perform functions on our behalf, and these may include functions such as maintaining the Website, collecting information, responding to and sending email or other messages, payment processing, and other functions useful to our business. In this capacity, we may provide service providers with Personally Identifiable Information, Non-Personally Identifiable Information, and Anonymous Information as applicable. The following are examples:

• We may use service providers to provide customer service (where applicable) or marketing support, such as to process and distribute email. These service providers generally require access to your Personally Identifiable Information in order to perform these services.

• We may use analytics service providers to assist us in understanding and using Non-Personally Identifiable Information and other information that we collect via the website. A service we use in this regard is Google Analytics, and information concerning how Google uses the information is available at https://policies.google.com/privacy/partners, and opt-out options specific to Google Analytics are available at https://tools.google.com/dlpage/gaoptout.

• Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

• We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

• Our website includes links to third party websites and other API’s offering services that augment those services offered on our website.

• We may use service providers to anonymize and aggregate Personally Identifiable Information in order to generate anonymous information.

• We may engage service providers to analyze the interests and attributes of our users and, using techniques based on Anonymous Information and Non-Personally Identifiable Information, identify others who might share those interests and attributes. We then use this information to reach out to relevant market segments to provide them information concerning the Website or Services.

If you would like to see our full list of our service providers and their respective data and privacy policies, please make a request at Kiara.Barlow1114@gmail.com.

Questions of Harm; Legal Process. We may disclose your Personally Identifiable Information and Non-Personally Identifiable Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary:

• To comply with legal process;

• To protect and defend our rights and property, including the website and associated content;

• To protect against misuse or unauthorized use of the website or Services;

• To protect the personal safety or property of website users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections); and

• To cooperate with public and government authorities including, where required, authorities outside your jurisdiction.

While you are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you within a reasonable amount of time, unless such notification is not permitted.

Transfer of the Website. We shall be entitled to transfer information that we collect (including Personally Identifiable Information) to a third party in connection with a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition (including a disposition in connection with a bankruptcy or similar proceedings) of all or substantially all assets or stock of the business unit or division responsible for the information under this Privacy Policy; provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that are compatible with those set out in this Privacy Policy.

Our Affiliates. We may choose to rely on and share the information we collect with our affiliates. By “affiliate” we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with, Kiara B. Cosmetics, our affiliates will be bound by the terms of this Privacy Policy.

HOW DO WE PROTECT YOUR INFORMATION?

We recognize the sensitivity of our users’ Personally Identifiable Information and we have put in place security systems designed to prevent unauthorized access to or disclosure of this information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personally Identifiable Information in accordance with applicable law. To that end, your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We use regular Malware Scanning. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Our Retention of Data. We retain Personally Identifiable Information for the period of time necessary to fulfill the purposes for which we obtained the Personally Identifiable Information and consistent with applicable law. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

Accuracy and Minimization of Data. We take reasonable steps (i) to maintain the accuracy of the Personally Identifiable Information we process, and (ii) to limit the Personally Identifiable Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.

Accessing and Updating Your Information. If you would like to review, correct, or update the Personally Identifiable Information that you have provided to us, or if you would like to request an electronic copy of this Personally Identifiable Information for purposes of transmitting it to another company (to the extent applicable law provides you with this right to data portability) you may make such requests by contacting us at Kiara.Barlow1114@gmail.com.

Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information.

Unsubscribing to Email. If you no longer wish to receive email messages from us, you can opt out of this Service by either (i) following the “unsubscribe” instructions located near the bottom of each email message; or (ii) contacting us at Kiara.Barlow1114 @gmail.com.

Right of Access. Subject to certain exceptions, you have the right to have access to and/or correct any personal information our company holds about your personal data. If you wish to make a Subject Access Request (“SAR”), please complete the following SAR Form.

Deleting Information. If you request, we will take reasonable steps to remove your name and email address from our databases, within the time frames (if any) set out in Applicable Law. Please understand, however, that if you request the deletion of your information, you will no longer be able to receive certain Services. In addition, it may be impractical (or essentially impossible) to remove the requested information completely, due to requirements promulgated by Applicable Law, and/or data backups and records of deletions. As such, certain Personally Identifiable Information may remain in our databases following the deletion of your account; we will continue to treat the remaining information (if any) in accordance with this Privacy Policy and Applicable Law.

Objections. If you object to our processing of your Personally Identifiable Information, and a request for us to delete this information is not, in your view, sufficient, please contact us as provided in Contact Us.

Anonymous Information. We will not delete Anonymous Information from our database, and nothing in this Privacy Policy restricts our use of Anonymous Information.

Your “Right to be Forgotten.” If you are protected by the GDPR with respect to our use of your information, upon proper request, we may take the steps set out in the GDPR to erase your Personally Identifiable Information, including information that may be publicly available via the website. Notwithstanding the above, the Services are not intended for European Union (EU) residents. If you provide us with personal information, you understand that your information may be stored in the United States and other countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside, and acknowledge that the protection of such information may be different than required under the laws of their residence or location.

Do not Track. We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Advisory Regarding Participation by Children and Teens. Under U.S. Federal Law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT COLLECT OR STORE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM INDIVIDUALS THAT WE KNOW ARE UNDER THE AGE OF 13. If You wish to receive further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following website: http://www.ftc.gov/privacy/index.html.

Fair Information Practices. The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email:

• Within 7 business days

We will notify the users via in-site notification:

• Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act. The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions

• Process orders and to send information and updates pertaining to orders.

• Send you additional information related to your product and/or service

• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.

• Identify the message as an advertisement in some reasonable way.

• Include the physical address of our business or site headquarters.

• Monitor third-party email marketing services for compliance, if one is used.

• Honor opt-out/unsubscribe requests quickly.

• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at the address listed at the bottom of each email and we will promptly remove you from all correspondence.

Commercial Information. This includes information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Included in this category is:

• Information we receive from you in your use of the website in order to use our Company’s Service.

• Information about Company’s Service including:

• information about your use of Company’s Service (including account related information such as payment information, purchase history);

• customer services information; and

• customer relationship management and marketing information.

Biometric Information. We collect biometric information such as username in connection with a password as part of your account.

Internet or other electronic network activity information. We collect internet and other electronic network activity information such as browsing history, search history, interactions with our website, email applications, and advertisements.

Audio, electronic, visual, thermal, olfactory, or similar information. We do not collect sensory information such as audio, electronic, visual, thermal, olfactory or other similar Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Professional or employment related information. We do not collect professional or employment related information with regard to job applications, employment records, professional association memberships and other job-related Personal Information.

Inferences drawn from other Personal Information. We collect information that may be considered a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

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

• Consumers (information received directly from you);

• Service providers;

• Affiliates not under the Kiara B. Cosmetics brand

COMPLAINTS

Kiara B. Cosmetics wants your feedback. If you have any suggestions on how we can improve our Services or complaints you would like us to address, please contact us as set forth in Contact Us.

If you are protected by the GDPR with respect to our use of your information, you may lodge a complaint with a data protection authority for your country or region. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

DISPUTE RESOLUTION

This Privacy Policy shall be governed by, and construed in accordance with, the laws of the State of Virginia without regard to principles of conflicts of laws.

THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF OR RELATING TO THIS POLICY. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS AND THAT THIS POLICY DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED Newport News, Virginia OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR Virginia.

The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in Newport News, Virginia and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.

Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in Newport News, Virginia or, if brought in a federal district court, United States District Court for Virginia and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.

MODIFICATIONS TO THIS PRIVACY POLICY

Kiara B. Cosmetics reserves the right to modify and change this Privacy Policy at any time for our business purposes and to comply with changes in applicable law. The new Privacy Policy will be posted here and have the date of the most recent change. Your access to or use of the website and/or Services following any changes to the Privacy Policy will constitute your acceptance of such changes. Please feel free to print out a copy of the Privacy Policy for your records.

If there are any questions regarding this Privacy Policy, or any consumer with disabilities may request an alternative format by contacting us using the information below.

KiaraBCosmetics.com

Kiara.Barlow1114@gmail.com

Kiara B. Cosmetics ACCESSIBILITY STATEMENT

Updated: April 2022

GENERAL

Kiara B. Cosmetics strives to ensure that its services are accessible to people with disabilities. Kiara B. Cosmetics has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence. Kiara B. Cosmetics is taking measures to ensure that all of the pages on its website meet W3C WAI’s most recent Web Content Accessibility Guidelines, Levels A and AA.

DISCLAIMER

Kiara B. Cosmetics continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.

Despite our efforts to make all pages and content on [companys name] fully accessible, this is a work in progress. To the extent any content is not fully accessible, this may be a result of Kiara B. Cosmetics not having found or identified the most appropriate technological solution. Under such circumstances, we will work diligently to remedy any inaccessibility.

HERE FOR YOU

If you are experiencing difficulty with any content on KiaraBCosmetics.com or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.

If you wish to report an accessibility issue, have any questions or need assistance, please contact Kiara B. Cosmetics Customer Support as follows:

Email: Kiara.Barlow1114@gmail.com

Policies: Accessibility Policy