CURATED PRIVACY POLICY

At Curated, we understand the importance of privacy of individuals (referred to herein as “users” and “you”). This Privacy Policy applies to information collection and use, including while you are visiting and using our website (the “Site”), our mobile applications (the “Apps”), or our other services that reference this Privacy Policy (the “Services”). The terms “Curated,” “we,” “us,” and “our” refer to Younique, LLC (DBA Curated US), which is organized under the laws of the State of Utah; Komigo, LLC (DBA Curated); their parent companies, subsidiaries, affiliates, successor entities; and any entity that directly or indirectly controls, is controlled by, or is under common control with such party.

Information Collection

Curated may collect two different types of information: Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information that identifies you as an individual or from which you are identifiable. This may include:

• information (such as your name, address, telephone number, email address, social media account information, including without limitation Facebook, TikTok, and Instagram, birth date, taxpayer identification number and/or social security number, credit card information, billing address, IP address, images, purchase history, and shipping information) that you provide (i) by completing forms on the Site or the Apps, including any information you provide during the registration process to become a Creator, or any information you provide to purchase products, or (ii) in connection with any Services, including if you register, upload, or submit any material via the Site or the Apps or enter into any competition or promotion we may sponsor;
• in connection with an account sign-in facility, your log-in and password details;
• the content of any communications you send to us, for example, to report a problem or to submit questions, concerns, or comments regarding the Site, the Apps, the Services, our products, or any related content, as well as your preferred method of communication; and
• information from surveys that we may, from time to time, run on the Site, the Apps, or in connection with the Services, for research purposes, if you choose to respond to or participate in such surveys.

PII may also be collected from, among other places, information you provide directly to us, information regarding products or services that Curated currently provides or has previously provided to you, or information Curated receives from our affiliated entities, other Curated affiliates, connected brands, or third parties relating to the establishment of our relationship or the provision of services to you. This information can be received in any manner, including via in-person discussions, telephone conversations, and electronic or other written communications.

The provision of PII by you is necessary for us to fulfill our legal and contractual obligations with you and for the purposes identified below where in our legitimate interests. You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

Unless we specifically request or invite it, we ask that you not send or otherwise disclose to us any information that is considered sensitive personal data (such as information related to your health). Where we specifically request such information, we will seek your prior explicit consent to do so. You are under no obligation to provide any such information and do so on a strictly voluntary basis to help Curated resolve any questions or complaints you have about our services. Curated will not use such information for any other purpose and will only retain it as long as necessary to resolve your question or complaint.

Non-PII is aggregate information. This may include demographic information, user behavior data from web interaction metrics tools, and any other information that does not reveal your identity. Non-PII may be connected to other information we collect from you.

Information Use

Curated may use PII about you for the following purposes: (i) to establish or maintain our relationship with you; (ii) to contact you and respond to your requests and inquiries; (iii) to provide you with services you have requested; (iv) to keep you informed of products and services we think may be of interest to you; (v) to personalize your experience with us; (vi) to assist you while you use the Site, the Apps, or the Services; (vii) for business administration, including statistical analysis; (viii) to improve the Site, the Apps, or the Services by helping us to understand who uses the Site, the Apps, and/or the Services and how they are used; (ix) for fraud prevention and detection; and (x) to comply with applicable laws, regulations, and codes of practice.

Legal Basis for Processing (EEA Residents)

If you are located in the European Economic Area (“EEA”), we process your personal information only where we have a valid legal basis under the General Data Protection Regulation (“GDPR”), including:

• performance of a contract;
• compliance with legal obligations;
• our legitimate business interests, where such interests are not overridden by your rights and freedoms; and
• your consent, where required by law.

Where processing is based on consent, you may withdraw your consent at any time.

Disclosure of Information

Curated may share PII about you with others, such as our affiliates, other Curated affiliates/Creators, our connected brands, government entities and regulatory bodies, those with whom you have requested us to share information, and third parties in order for them to provide us with services (including, for example, companies that provide us with technical support and assistance with respect to the Site, the Apps, or the Services, financial institutions who process payment for orders placed by you, our suppliers and other third parties who facilitate delivery of the products and services you have ordered, and third parties who assist us with research to help us improve the Site, the Apps, the Services, and our product offerings. No mobile information will be sold or shared with third parties for promotional or marketing purposes.

If you are a Curated Creator, your name, location, contact details, and performance may be shared with other Creators and connected brands. Additionally, PII about you may be shared with customers.

Curated requires third parties who perform services for us to agree to treat PII about you confidentially and securely and only for the purpose of performing services on our behalf. NOTE THAT THIS STATEMENT DOES NOT ADDRESS THE PRIVACY PRACTICES OR POLICIES OF OUR INDEPENDENT CURATED CREATORS. However, Curated Creators agree to comply with all applicable privacy laws and regulations.

Notwithstanding any other provision of this Privacy Policy to the contrary, we reserve the right to disclose and use your PII if we believe that we are required or permitted to do so: (a) to our professional advisors, including lawyers, accountants, tax advisors, and auditors; (b) to debt collection agencies and other parties that assist with debt-recovery functions; (c) by law; (d) in response to legal process (for example, in response to a court order or a subpoena); (e) in response to a law enforcement agency’s request; (f) to enforce our other terms, conditions, or policies; (g) to protect our operations; (h) to protect the rights, privacy, safety, or property of Curated, you, or others; and/or (i) to permit us to pursue available remedies or limit the damages we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities. We may also transfer your PII to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or part of our business, whether by merger, acquisition, reorganization, or otherwise.

Because Non-PII does not personally identify you, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.

International Data Transfers

Your personal information may be transferred to, stored in, or processed in countries outside the EEA, including the United States. Where such transfers occur, we rely on appropriate safeguards such as Standard Contractual Clauses approved by the European Commission or other lawful transfer mechanisms.

Your Rights

Depending on where you are located, you may have rights concerning your personal information, including the right to access, restrict processing, object to processing, correct, update, receive a copy of, or request deletion of your personal information. You may also lodge a complaint with a supervisory authority.

Right to Withdraw Consent (EEA Residents)

Where processing is based on consent, you may withdraw your consent at any time without affecting prior lawful processing.

Supervisory Authority Complaints (EEA Residents)

EEA residents may lodge complaints with their local data protection authority.

Automated Decision-Making and Profiling

We do not engage in automated decision-making or profiling that produces legal or similarly significant effects.

California Residents

If you are a California resident you may have additional rights under the California Consumer Protection Act (CCPA) and California Privacy Rights Act (CPRA), including the right to (i) know the categories of personal information collected about you; (ii) know the source of the personal information collected about you; (iii) correct inaccurate information; (iv) limit the use and disclosure of sensitive personal information; and (v) request that we delete your personal information. Some of these rights may be subject to limitations. We will not discriminate against you for exercising these rights. For information about how to exercise these rights, please email legal@erinosholdings.com

California law requires that we tell you whether we collect any personal information that is described in California Civil Code Section 1798.80(e), which includes personal information, such as name, contact information, physical characteristics, credit card or billing information, and health or medical information. We collect personal information described in Section 1798.80(e). This information is already described in the Information Collection section above.

We do not “sell” or “Share” (as those terms are defined in the CCPA and /or CPRA) your personal information or sensitive personal information. This notice describes the categories of personal information we collect, the sources of that information, the purpose for collection (which includes for “business purposes” under the CCPA and/or CPRA), the categories of third parties to whom personal information is disclosed, and our deletion and retention policies. If you have questions or would like to exercise your rights under the CCPA or CPRA, please contact legal@erinosholdings.com.

Information Security

Curated maintains reasonable physical, administrative, and technical safeguards to protect PII from loss, misuse, or unauthorized access, disclosure, alteration, or destruction. Our personnel and the personnel of our affiliates are provided access to PII about you only if they have a need to know the information in connection with a legitimate business purpose, such as (a) the provision of services to you or (b) to help identify other services that Curated and its affiliates offer that may be of interest or use to you.

Data Breach Notification

In the event of a data breach involving personal information, we will notify affected individuals and regulators as required by law.

Retention Period

We will only keep your personal information for as long as necessary to fulfill the purposes for which we collected it, or as necessary to resolve disputes.

To determine the appropriate retention period for personal information, we consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

Cookies

A cookie is a small file placed on your computer by a website that uses the cookie to store information about your use of the website to help users navigate websites efficiently, as well as to provide information to the owner of the website. There are two general types of cookies: session cookies and persistent cookies. Session cookies are only used during a single session online and will be deleted once you leave a website. Persistent cookies have a longer life and will be retained by the website and used each time you visit a website. Both session and persistent cookies can be deleted by you at any time through your browser settings.

When you visit the Site, Curated may place a “cookie” to improve your experience by recognizing you when you return to the Site, such as by assigning a session ID, and to deliver content specific to your interests. We also allow our affiliates and third-party vendors to use cookies on our Site. Some of these parties may use cookies in ways that we do not.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting, you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

Google® / Facebook® Privacy Policy Update

Technologies like cookies, pixel tags, device or other identifiers, and local storage are used to deliver, secure, and understand products, services, and ads, on and off of Facebook and other similar service providers. They also are used to gather information for remarketing to similar audiences on our Site. Because of this, third-party vendors, including Google, show our ads on sites across the Internet. This technology allows third-party vendors, including Google, to use cookies to serve ads based on someone’s past visits to our Site. You may opt out of Google’s use of cookies by visiting Google’s “Ads Settings.” You may also opt out of a third-party vendor’s use of cookies by visiting the “Network Advertising Initiative” opt-out page online.

External Links

The Site, the Apps, and the Services may, from time to time, contain links to external sites operated by third parties. We are not responsible for these third-party sites or the content of such third-party sites. Once you have left the Site, the Apps, or the Services, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement for any websites you visit.

Marketing

Curated and our connected brands (as defined in the Creator Agreement) may contact you periodically by e-mail, social media, or text to provide information regarding events, products, services, and content that may be of interest to you, unless you advise us that you do not wish to receive marketing or market research communications from us. If you wish to stop receiving marketing or market research communications from us or would like us to stop processing your PII in any other way, you can contact us at legal@erinosholdings.com to let us know what types of communications you wish to stop receiving.

Children Under the Age of 16

The Site, the Apps, and the Services are not intended for children under 16 years of age, and we do not knowingly collect PII from children under 16. If you are under 16, do not use or provide any information on the Site, the Apps, or the Services, or on or through any of their features, do not make any purchases through the Site, the Apps, or the Services, and do not use any of the interactive or public comment features of the Site, the Apps, or the Services. If we learn we have collected or received PII from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us as described below.

Changes to This Privacy Policy

Curated reserves the right to change this Privacy Policy. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Site or as required by law. If we make material changes to this Privacy Policy, we will notify you by means of a prominent notice on the Site prior to the change becoming effective.

Data Controller

For the purposes of applicable data protection laws, Komigo, LLC (DBA Curated) is the data controller.

Contact Us

If you have any questions or concerns regarding this Privacy Policy, please contact us at legal@erinosholdings.com or by regular mail at Erinos Holdings, Attn: Legal Department, 4101 N. Thanksgiving Way, Ste. 420, Lehi, Utah 84048. Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence to us.