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Account Terms of Use and Conditions of Purchase
- ELIGIBILITY
- PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
- RETURN POLICY
- MULTI-PAY / INSTALLMENT TERMS
- DISCLAIMER REGARDING INFORMATION PROVIDED ON THE WEBSITE
- DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE
- AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION
- GENERALLY
- EXCEPTIONS TO THIS ARBITRATION AGREEMENT
- WAIVER OF CLASS AND REPRESENTATIVE PROCEDURES
- MANDATORY PRE-DISPUTE PROCEDURES
- COMMENCEMENT OF ARBITRATION
- ARBITRATION LOCATION
- SPONSORING ORGANIZATION, RULES AND THE ARBITRATOR
- ARBITRATION FEES
- ARBITRATION AWARD
- SURVIVAL AND SEVERABILITY
- MISCELLANEOUS
- AMENDMENTS
- EXCLUSIVE VENUE FOR OTHER CONTROVERSIES
- LUMINESS AUTO-DELIVERY SUBSCRIPTION
- TRIAL OFFERS
- LUMINESS REWARDS
- PURCHASING ITEMS FROM US
- ORDER DELIVERY TIME
- COLLECTION FEES AND GENERAL PAYMENT ITEMS
- INTERNATIONAL ORDERS
- AGREEMENT TO BE CONTACTED
- CONSENT TO RECEIVE TEXT MESSAGES
- ACCESS BY MINORS
- NOTICE FOR CALIFORNIA USERS
- LIMITATION ON LUMINESS DIRECT'S LIABILITY
- INDEMNIFICATION
- MODIFICATIONS TO THE AGREEMENT
- OTHER IMPORTANT TERMS
- ACCESSIBILITY
- Print the emailed shipping label.
- Pack up your system. Your airbrush starter kit must be returned with the original packaging including accessories and parts that were shipped with your original order. The free gifts and instruction manual are yours to keep!
- Attach the shipping label and hand write the RA number on the outside of the package. Please write legibly and in bold letters!
- Drop off at your closest USPS location.
- A Return Authorization number must be obtained in the 30-day return period from the date your order was shipped.
- It is important to ship your return package within 3-5 days of receiving your RA# to allow for proper transit and receiving time.
- Once we receive your package, please allow up to 9-12 business days to process your return. The timing of your refund may depend on your credit card provider and method of payment.(If you do not see your return amount appear on your statement after 12 business days, contact us (1-877-749-5777) immediately and we will resolve promptly).
- Customers who originally paid by check by phone or by electronic check withdrawal will be issued a refund check within four (4) weeks of processing your return.
- Return eligibility is dependent on product condition, timing, and physical receipt of return package in our warehouse. Opened and/or used cosmetic products are non-refundable. Returns received with damaged merchandise due to misuse may be denied refund and customer may be held responsible for the full value of the product if balance exists on the account.
- Luminess assumes no responsibility for merchandise lost or damaged by carrier transporting and delivering returned merchandise.
- Packages containing expired RA#s may be refused and returned to sender at sender's expense. Merchandise received seven (7) days past RA expiration date may subjected to a re-stocking fee based on 25% of full purchase price.
- Express (paid) shipping charges are non-refundable.
- All sales final on all Beauty, Black Friday, Cyber Monday, New Year, Valentine's & Holiday Sale specials. Limit one per person.
- If you elect to ship your return package back at your expense send via a shipping method that can be tracked with a proof of delivery or confirmed (UPS/ FedEx/USPS Priority mail), insurance is recommended, send to:
LUMINESS AIR RETURNS RA#_____________, 12802 Capricorn Stafford, Texas 77477
- Your order number, Return Authorization number, your complete name, address, phone number and email address along with original packing slip.
- Please have Return Authorization number on package. If it is received and it does not meet our return policy, we will not issue you a refund and the package may be returned to you at your cost.
- A detailed explanation regarding your reason for returning the items.
- Information about whether you would like a refund or a replacement.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Luminess Cosmetics, and/or any involved third party relating to your account, Your Use (defined here), your relationship with Luminess Cosmetics, or these Terms of Use and Conditions of Purchase. This includes any and all claims or disputes that relate in any way to your use of the Luminess Cosmetics products, your attempted use of the products, and any act or omission by Luminess Cosmetics or any third party related to your use or attempted use of the products, as well as any claims relating to advertising or representations regarding the products. You, Luminess Cosmetics, or any involved third party may pursue a Claim. Luminess Cosmetics agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Luminess Cosmetics. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Exceptions to this Arbitration Agreement. As an exception to this arbitration agreement, you and Luminess Cosmetics both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Luminess Cosmetics will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. In addition, this arbitration agreement also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Waiver of Class and Representative Procedures. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LUMINESS COSMETICS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Luminess Cosmetics agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor Luminess Cosmetics may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Luminess Cosmetics, you will first provide Luminess Cosmetics an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Luminess Direct, LLC, 12802 Capricorn St, Stafford, TX 77477; Attn: General Counsel. You agree to negotiate with Luminess Cosmetics in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Luminess Cosmetic’s receipt of your written dispute, the dispute shall be submitted to a neutral third-party mediator at the Better Business Bureau (BBB) who is qualified to perform mediation services in the State of Texas. If mediation fails to resolve the dispute you may commence arbitration in accordance with this agreement.
Commencement of Arbitration. You and Luminess Cosmetics agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that, to the fullest extent permissible by applicable law, any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in a location within the federal district where you reside. It may be held by telephone or through written submissions if both you and Luminess Cosmetics agree in writing.
Sponsoring Organization, Rules, and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge, experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen pursuant to the American Arbitration Association (AAA) Commercial Rules and the arbitration shall be governed by the AAA Commercial Rules.
All issues shall be decided by the arbitrator, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of the paragraph addressing the waiver of class and representative procedures shall only be determined by a court with jurisdiction to determine such matter(s).
Arbitration Fees. Luminess Cosmetics shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. Unless applicable law provides otherwise, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator may award costs or fees to a prevailing party, but only if applicable law allows it. Although Luminess Cosmetics may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, Luminess Cosmetics agrees that it will not seek such an award, unless any Claims asserted against Luminess Cosmetics are determined by the arbitrator to be frivolous. Any award rendered by an arbitrator shall include a written opinion and shall be final, subject to limited appeal rights as permitted by law or the FAA.
Survival and Severability. This agreement to arbitrate survivesany termination of your account or relationship with Luminess Cosmetics, bankruptcy, assignment, or transfer. Except as provided otherwise in the "waiver of class and representative procedures" provision, if any portion of this agreement to arbitrate is deemed unenforceable, the remaining portions of this agreement to arbitrate shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. The agreement to arbitrate set forth in this Section 7 constitutes the entire arbitration agreement between you and Company and shall not be modified except in writing by Luminess Cosmetics.
RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE. YOU HAVE THE RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A LUMINESS COSMETICE PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO LUMINESS DIRECT LLC, 12802 CAPRICORN ST., STAFFORD, TEXAS 77477; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT NOTICE TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY LUMINESS COSMETIC PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE LUMINESS COSMETIC PRODUCTS. YOU MAY ALSO OPT OUT OF THIS AGREEMENT TO ARBITRATE WITHIN 30 DAYS AFTER WE NOTIFY YOU OF A MATERIAL CHANGE TO THIS AGREEMENT TO ARBITRATE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
In order to avoid irreparable injury to Luminess Cosmetics, in the event of any breach or threatened breach by you of these Terms of Use, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Luminess Cosmetics from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Product Representations. Luminess Cosmetics reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Luminess Cosmetics takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Luminess Cosmetics does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. Luminess Cosmetic’s descriptions of, or references to, products not owned by Luminess Cosmetics do not imply endorsement of that product or constitute a warranty by Luminess Cosmetics.
Pricing Errors and Omissions. Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled because of the error, your credit card will be refunded the full amount of your order.
Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Luminess Cosmetics shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Luminess Cosmetics, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Order Placement and Acceptance. If you order a product, payment must be received by Luminess Cosmetics prior to Luminess Cosmetic’s acceptance of the order. Luminess Cosmetics may require additional information regarding your order if you have not provided all the information required and may cancel or limit an order any time after it has been placed.Your order is expressly conditioned on acceptance of these Terms of Use. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
Luminess Cosmetics does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Luminess Cosmetics discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products using fake or stolen cards, Luminess Cosmetics reserves the right to report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. Luminess Cosmetics will add applicable shipping and handling fees to your order. Unless otherwise noted, Luminess Cosmetics will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Luminess Cosmetics may provide delivery or shipment timeframes or dates, you understand that those are Luminess Cosmetic’s good faith estimates and may be subject to change. You further understand that product availability may be limited, and products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order). Luminess Cosmetics will use reasonably good faith efforts to contact you. If Luminess Cosmetics cannot contact you or you no longer wish to receive the item, Luminess Cosmetics will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. Luminess Cosmetics shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Luminess Cosmetics may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Luminess Cosmetics is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Luminess Cosmetics is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Auto Delivery Subscription Program Terms. If you are placing an order online or by telephone as part of our Auto Delivery Subscription Program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.
IF YOU ARE A MEMBER OF OUR AUTO DELIVERY SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTO DELIVERY SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER customer service or by calling 888-793-7474 (toll-free) in the United States.
You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under customer service or by calling 888-793-7474 FREE. If you are participating in our Auto Delivery Subscription Program using a credit card and your credit card fails to process for a subsequent shipment, Luminess Cosmetics may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Luminess Cosmetics will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our Auto Delivery Subscription Program may be terminated and your account may be sent for collection.
All orders with standard shipping are typically shipped within 2 business days of receipt (start order date). Start Order dates are calculated from the first business day after the order is called in or ordered via the Website. Orders with optional Rush shipping are shipped within 2 business days of receipt date. Consumers can expect an average of 5to 10 days to receive standard delivery orders after the order is shipped from our facility. Contact us if you have not received your product within respective applicable delivery time.
* These are estimated good faith dates and may vary in accordance with the volume of orders and volume of product being shipped. Regular shipping weeks may vary during "high volume days" such as holidays by up to two weeks earlier or two weeks later than estimated.
- By voluntarily providing your telephone number, you expressly agree to receive text messages and alerts from Luminess Cosmetics related to your product orders, VIP Delivery Subscription, promotions, reminders about incomplete or upcoming payments, account updates or future offers from Luminess Cosmetics.
- You agree that Luminess Cosmetics may send text messages to your telephone number even if your telephone number is registered on any state or federal Do Not Call List.
- You agree to receive text messages from Luminess Cosmetics even if you terminate your relationship with Luminess Cosmetics, except if you opt-out (see below).
- You understand that you do not have to agree to receive automated promotional texts as a condition of purchasing any Luminess Cosmetic Products. There is no fee to receive text messages from Luminess Cosmetics. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Luminess Cosmetics are not responsible for these charges.
- Unless you opt-out, Luminess Cosmetics will send periodic text messages with key account updates and offers.
- HOW TO OPT-OUT: Your consent to receive text messages is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You shall receive a confirmation text message confirming that you have successfully unsubscribed. You agree that Luminess Cosmetics shall have 30 days to process any opt-out request.
- HOW TO GET HELP: For more information you can reach us at: help@luminessair.com or 888-793-7474. From your mobile phone you can get also get help information at any time by sending the text "HELP" to the short code to which you are subscribed. You shall receive a standard rate message from our service with information on the program you have subscribed to, Msg&Data Rates Apply, our website, email address and/or phone number and how to opt-out of our text messaging program.
- WARRANTY: We are not liable for any delays in the receipt of any text messages. Delivery of text messages is subject to effective transmission from your wireless service provider or network operator.
- PRIVACY POLICY: We respect your privacy. We shall not share or use your mobile number for any purpose other than to send you (program description) text messages as described here. We shall only use information you provide to transmit your text message. However, we may always disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When your complete forms online or otherwise provide us information in connection with this text-messaging service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to this service and pursue any appropriate legal remedies.
- ELECTRONIC COMMUNICATIONS AND SIGNATURES. The communications between you and Luminess Cosmetics use electronic means, whether you use the Website or send us emails, or whether Luminess Cosmetics posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Luminess Cosmetics in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Luminess Cosmetics provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Luminess Cosmetics, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY LUMINESS COSMETICS. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Use.
PRIVACY POLICY
Last updated on June 5, 2023
Thank you for doing business with Luminess Direct LLC ("Luminess," "Company,” “us,” “we,” or “our”). We welcome you and hope you find our websites, applications, products, and our other subscription services and tools (collectively, the “Services”) helpful and useful. We have adopted this Privacy Policy (the "Policy") to help our current and potential customers, clients, their employees, our employees, and other business partners understand what information we collect, store, share, and use, how and why we do so, and what your rights are in regard to that information and to inform users about our collection, use, distribution, and protection of information collected from users (“Users”) of the www.luminessair.com, and, www.luminesscosmetics.com, websites (the “Sites”). The Sites are owned and operated by Luminess Direct LLC or its affiliates. Please read this Policy carefully before using the Sites. This Policy applies to information we collect about you through the Sites and when you otherwise communicate with Luminess. This Policy supplements and forms a part of the Terms of Use and Conditions of Purchase.
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information. We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
BY ACCESSING THE SITES, PURCHASING OUR PRODUCTS, AND COMMUNICATING OR OTHERWISE INTERACTING WITH US, YOU ARE ACCEPTING AND CONSENTING TO THE INFORMATION PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THIS SITE OR ITS CONTENTS.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. You may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at privacy@luminessair.com or mailing us at: Luminess Direct LLC 12802 Capricorn Street, Stafford, Texas 77477. Furthermore, you may withdraw your consent to receive text messages and alerts pursuant to the opt-out instructions contained in the Company’s Account Terms of Use and Conditions of Purchase.
In this Policy, "Personal Information" means information that personally identifies or can be associated with you, such as your name, email address, shipping and billing address, phone number or credit card number, and "Non-Personal Information" means information that relates to you but does not directly identify you. "Information" is collectively used herein to refer to both Personal Information and Non-Personal Information. This Policy does not apply to any third parties or any websites that might be linked to our Sites or products.
TRACKING USER BEHAVIOR
Luminess may keep track of the websites and pages our users visit on the Sites, in order to determine what Luminess services are the most popular. This data is used to deliver customized content and advertising within our Sites to customers whose behavior indicates that they are interested in a particular subject area.
INFORMATION WE COLLECT AND HOW WE USE IT
Listed below are the categories of Information we collect when you choose to use the Sites, and in the onboarding or check-out process when you create your Luminess account or make a purchase of a Luminess product. We never sell your Information, and we always have a lawful basis for gathering the Information, but that lawful basis might be different for various categories, and we describe those uses below. Regardless, we never use the Information for any purpose other than the purpose for which we gathered the Information in the first place, unless we get your prior consent.
Personal Data. Personal Data includes your name, address (both billing and shipping addresses), email address, credit card information, phone number and any other information attributable to an identifiable natural person or household, including the information described in California Civil Code Section 1798.140(o). Each piece individually is a piece of Personal Information, and we collect varying amounts of Personal Information based on how you engage with us. We collect Personal Information when you order a product from us, register to receive communications from us, create an online account on one of the websites, download or access our mobile applications, request or subscribe to catalogues, product information, promotions or other communications from us, contact or communicate with us, participate in surveys, enter contests or promotions, submit a product review, testimonial, comment, suggestion, or other content to us, access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Pinterest, or otherwise interact with us online (including through a website or the mobile applications) or by phone, mail, fax, or in person. We may gather your birthday as well as your contact information, including physical, shipping and e-mail address, your country of residence and preferred language. We do not collect your biometric data when you use the try-on tool. We do not collect payment card information from you; when you purchase a product or otherwise make a payment through this site, your card information is received directly by our card processing service provider and not to or through our systems. We do collect information relating to your purchase, including the amount of your purchase, the products that are purchased, your shipping address, and a transaction reference number. Based on how you interact with us and the information you share, we use the Personal Information we collect to process and communicate with you about your order, establish a customer relationship with you, ship the products you ordered, process payments, enhance your shopping experience, communicate with you about our products and events that may be of interest to you, and for other marketing and research purposes.
Information Collected Automatically. The Sites use various tracking technologies that may include cookies, log file information, web beacons, location data, online analytics, and third-party ad serving companies (collectively, "Tracking Tools") to automatically collect Information from you. We, along with our third-party service providers, use Tracking Tools for a variety of purposes, including enhancing your online experience and our product offerings. We treat Information automatically collected as Non-Personal Information. Please see below for more information regarding the Tracking Tools that we may use.
Cookies: We and our third-party service providers use cookies, which are small files that are stored on your computer or mobile device and allow websites to remember information about you. For marketing purposes and to help personalize and improve our online Services we use cookies to monitor how the Services offered on the Sites are used. The Sites also uses cookies 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.
Log File Information: Log file information may be automatically reported by your browser or mobile device each time you access a Site. This Information may include your IP address, device and software characteristics (such as type and operating system), browser type, Internet service provider, URLs, referring/exit pages, click data, domain names, landing pages, pages viewed, and other such information.
Web Beacons: When you use a Site, we and our third-party service providers may employ web beacons (also known as clear gifs or action tags) that are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Services.
Location Data: When you access the website via a mobile device, we and our third-party service providers may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time "location data," which may include GPS coordinates. Your device should require you to provide permission before our Site obtains precise geolocation information from a browser's geolocation API or from technologies like GPS, Wi-Fi, and/or cell towers. We and our service providers may use this approximate location and/or precise geolocation information, along with other information submitted by you, to provide you with location-based services like local store information, search results, exclusive offers, and other personalized content.
Most browsers and mobile devices allow users to enable or disable precise geolocation using pop-ups or controls located in the settings menu. If you have questions about how to disable your device's precise geolocation services, please contact your browser developer, mobile service carrier, or device manufacturer. You may also stop collection of precise geolocation information by our mobile application by uninstalling the mobile application using the standard uninstall process available as part of your mobile device.
If you uninstall any of our mobile applications from your device, the unique Luminess identifier associated with your device may continue to be stored. If you re-install any of our mobile applications on the same device, Luminess may be able to re-associate this identifier to your previous transactions.
Online Analytics: We use third-party analytics tools to help us measure traffic and usage trends. These tools collect Information sent by your browser or mobile device, including the pages you visit and other Information, which assists us in improving our Services and offerings.
Third-Party Ad Serving Companies: We may use third-party advertising companies to serve ads after you visit our website. Such advertising companies also may separately use Tracking Tools, including cookies, in the course of delivering targeted advertisements to our Services.
Information We Collect When You Download and Use the Mobile Applications
When you download or access Luminess mobile applications, we may collect certain information about your device and in some cases location information (if your device settings allow us to collect location information – see above under caption “Location Data”).
Information We Receive From Third Parties. We may receive Information about you from third parties. For example, if you access our website through a third-party connection or log-in (e.g., through Facebook), such third party may pass certain Information about your use of its service to us. We may also receive Information about you from third parties such as our business partners and service providers. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.
You or the third party may delete the third party’s information from your account by contacting us at privacy@luminessair.com to request that we remove their information from our database. Note: Although you can remove the information from your account for future transactions, the third-party information may be retained with the original transaction for auditing and legal purposes. In no other circumstances do our statements under this Policy apply to information we receive about you from third parties.
Send to a Friend. We may give you the opportunity to tell your friends about product information and promotions. If you take advantage of our Send to a Friend option, we ask you for your friend's and your first names, last names and email addresses to send the information to them that you requested.
WHY WE COLLECT YOUR INFORMATION
Luminess uses your Information, including Personal Information, for a variety of business and commercial purposes, including:
- providing our products to you;
- responding to your requests, comments, or postings;
- processing orders and payments;
- processing returns, refunds, and exchanges;
- processing and managing your accounts with us;
- communicating with you;
- improving and customizing our products, website, promotions, communications, and advertisements;
- customer service and technical support, which may include resolving issues or troubleshooting problems;
- for internal operations such as enhancing our product offerings, marketing efforts, and to conduct research and analysis;
- developing new products and promotions;
- for marketing purposes;
- to prevent fraud or potentially illegal activities;
- to enforce our Terms of Use
- to comply with applicable laws, regulations, and legal process; and/or
- to protect the security and integrity of our business, brands, the Sites, and third-party business partners and service providers.
We may combine all the Information we collect or receive about you for any of the foregoing purposes.
SHARING INFORMATION WITH THIRD PARTIES
Luminess does not sell, rent, or lease its customer lists to third parties.
Luminess may, from time to time, use external business partners to provide information to you about a particular offering that may be of interest to you. In those cases, your unique Personal Information (email, name, address, telephone number) is transferred to the third party. Luminess may share Information with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your Information except to provide these services to Luminess, and they are required to maintain the confidentiality of your information. The above sharing of information excludes text messaging originator opt-in data and consent. This information will not be shared with any third parties.
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.
SECURITY OF INFORMATION
Luminess uses reasonable efforts to maintain a secure operating environment to protect your information from unauthorized or accidental access. Information is collected over a secure SSL communication channel with encryption. While we are committed to protecting your privacy, no security measures are perfect or impenetrable; no transaction over the internet can be completely secure, and we cannot guarantee that your Personal Information will never be accessed, used, or disclosed in a manner that is inconsistent with this Policy.
Our website or communications 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 that govern your privacy rights on those websites.
You are responsible for maintaining the confidentiality of your user password and account login information. We encourage you to set a secure password that is difficult for others to guess and change your password on a regular basis to help ensure your account remains secure.
In the event any Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where required by applicable law to notify those individuals whose information may have been compromised and take any other action required by applicable laws and regulations.
INTERNATIONAL VISITORS
If you are visiting the Sites from the European Union (EU), The United Kingdom (UK), Australia, Canada, or other countries with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in the country in which you reside or other parts of the world. Your personal data may be transferred for processing and storage by Luminess and our affiliates and third parties. By providing your personal data you consent to any transfer and processing in accordance with this Policy. Our Services and the terms of this Policy may or may not comply with laws of jurisdictions other than the United States. If you do not agree with this, please do not use our Services or the Sites.
We are committed to providing transparency and full compliance with foreign privacy laws such as Canada’s Anti-Spam Legislation and its implementing rules and regulations (“CASL”), The GDPR and UKGDPR for EU and UK residents respectively, and Australia privacy law. We may occasionally send commercial electronic messages (“CEM”), such as email and/or text messages or social media messages/postings. These may include CEMs sent in connection with your use of the Site’s offerings and/or products, as well as services that we think might be of interest to you. If you have received CEM from us, it is in accordance with applicable law. If you have received a CEM, and you believe that you should not have, please contact us immediately at privacy@luminessair.com and we will take the appropriate action within ten (10) business days.
If you are from Australia, the EU, UK or are otherwise located in the European Economic Area (EEA), we are required to give you information about the transfer of your information outside Australia, the EEA or UK, respectively. If this applies to you, whenever you voluntarily give us your Personal Information, you should understand that your information will be sent by you to the United States and/or jurisdictions that do not provide the same framework for the protection of Personal Information as Australia, the EEA and UK. By sending us your Personal Information, you are expressly consenting to the transfer of information from your location within Australia, the EEA, UK, or elsewhere to our servers in the United States.
We take reasonable steps to make sure that third-party recipients, wherever they may be, handle your personal information in a secure manner and in accordance with this Policy. However, we cannot always ensure that such third-party recipients will comply with this Policy or legal rights that you may be entitled to. Where a third-party recipient does not handle your Personal Information in compliance with law, we will not be accountable to you and you will not be able to seek redress, including under Australian, EU, UK, Canadian or any other jurisdiction’s privacy law, or for such noncompliance.
CALIFORNIA RESIDENT PRIVACY RIGHTS
For California residents, the California Consumer Privacy Act (CCPA) of 2018 grants you additional privacy rights. The CCPA defines terms such as "sale," "personal information" and "other valuable consideration" more broadly than you might think. This section uses the definitions provided by the CCPA.
Categories of Personal Information Sold: In the last 12 months, Company may have "sold" the following categories of "Personal Information" as defined by the CCPA – identifiers/contact information (sold to social media networks, data analytics providers, and advertising networks) and Internet/electronic activity (sold to social media networks, data analytics providers, and advertising networks). We do not knowingly sell Personal Information about persons under the age of 16.
Categories of Personal Information Disclosed: In the last 12 months, Company may have "disclosed" the following categories of "Personal Information" for a "business purpose" – identifiers/contact information (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/electronic activity (disclosed to marketing analytics services, email service providers, site search providers and site personalization platforms), and inferences (disclosed to marketing analytics services, email service providers and site personalization platforms).
As a California resident, you have the following rights while doing business with Luminess Direct LLC:
- the right to know what personal information is collected, used, shared or sold, including both the categories and specific pieces of personal information.
- the right to delete personal information held by Luminess and our service providers.
- the right to opt-out of sale of personal information. Consumers are able to direct a business that sells personal information to stop selling that information. Children under the age of 16 must provide opt in consent, with a parent or guardian consenting for children under 13.
- the right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.
To make any request under the CCPA, you must submit a data request to us once a year, free of charge, by emailing us at privacy@luminessair.com. Please provide your name, e-mail address, and telephone number. You must put the statement "Your California Privacy Rights" in the subject field. You must also include any other information we request to reasonably verify your identity. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We reserve the right to take additional steps or require additional information to verify your request. We will respond to your request within 10 days after receipt of your request, and we will then take action to verify your identity and fulfill your request, as required by the CCPA. You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA. You may designate an authorized agent to make a request under the CCPA on your behalf by writing us at privacy@luminessair.com. Upon receipt of your request, we will provide you with the information you will need to designate that agent.
Our valued Luminess customers who live in California can access the entire CCPA 2018 act here for more information.
California Do Not Track Notice: At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, like many other websites and online services, our Sites are currently unable to respond to Do Not Track signals. To find out more about "Do Not Track," you may wish to visit http://www.allaboutdnt.com.
NEVADA
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third-party data broker, please e-mail us at privacy@luminessair.com.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
Our services are generally not directed to children under 18. We do not knowingly collect Personal Information from anyone under 18 without parental consent. If you become aware that we have collected Personal Information from a child under the age of 18 without parental consent, please let us know so we can take appropriate action.
If you are under 18, please do not provide any personal information. The Sites are intended for adults only. If anyone has submitted information under the age of 18, please notify us so we can delete the information.
INTELLECTUAL PROPERTY
Luminess owns all rights, title, and interest in the Sites, the proprietary content and all related intellectual property. This includes but is not limited to logos, trademarks, text, code, graphics, designs, and images (the “Content”). It is strictly prohibited to copy, modify, distribute, transmit, display, reproduce, publish, license, or link to any Content on the Sites without first obtaining written authorization or consent from Luminess.
WE RESERVE THE RIGHT TO UPDATE AND REVISE THIS PRIVACY POLICY AT ANY TIME
From time to time we review this Policy to ensure that it complies with applicable law. Consequently, we reserve the right to update and revise this Policy at any time. You will know if this Policy has been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of the Sites constitutes your acceptance of the terms of the Policy as amended or revised by us from time to time, and you should, therefore, review this Policy regularly to ensure that you are aware of its terms.
IN THE EVENT WE ENGAGE IN A BUSINESS COMBINATION, WE RESERVE THE RIGHT TO TRANSFER ANY INFORMATION THAT WE COLLECT THROUGH OUR WEBSITE
If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.
CONTACT US
You have a right to access information held about you, which can be exercised in accordance with various legal requirements. Any access request must be in writing, sent to our compliance team, at privacy@luminessair.com. If at any time you would like to change your personal data, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at privacy@luminessair.com. 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.
Alternatively, if you receive materials from us by email you can make use of the "unsubscribe" provision in our communications so that we know that you no longer wish to receive any materials from us.
If you have questions about our Privacy Policy or other questions, please contact us at:
Luminess Direct LLC
www.luminessair.com
12802 Capricorn Street
Stafford, Texas 77477
privacy@luminessair.com
