Virtual Try-On Data Processing Notice
About this Notice
THIS NOTICE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR RIGHTS TO RESOLVE DISPUTES WITH US AND YOU SHOULD REVIEW THEM CAREFULLY.
The VTO features work by using a camera on your personal device (or an image that you select for upload) to detect your face, and to digitally apply a selected product to the appropriate areas of your face. The VTO features do not use this information to identify you or to verify your identity in any way.
When you use a VTO feature, your image is processed locally on your own personal device, such as in your browser, meaning that we do not obtain, collect, process or store your personal data (including your image) and will be deleted automatically from your device when you close your browser.
By using a VTO feature, you acknowledge and agree to this Notice, including that the VTO feature -that works entirely on your device- may collect, capture, possess, store, or otherwise obtain your image, and data obtained from or created from your image, for the purposes of allowing you to virtually “try-on” various cosmetic products. You further acknowledge and agree that this data may include information generated by automated measurements of, or recognition of, your facial features, which may qualify as “biometric data,” “biometric identifiers,” or “biometric information” under some laws.
You are not required to consent to this Notice; however, you may not be able to access or use VTO features if you decline to do so.
The VTO features process your image and information about your face locally, on your own device, and this information is not saved after you exit the VTO feature.
Arbitration; class action waiver
To the maximum extent permitted by applicable law, you and DVN agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to these terms and your purchases (if any) under the rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in New York, New York, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
- The arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
- The arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:
- You are giving up your right to have a trial by jury;
- You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
- You must file any claim within one (1) year after such claim arose or it is forever barred.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New York, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or DVN from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or DVN from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of DVN’s intellectual property rights.
For More Information
If you have any questions about your biometric data or the contents of this Notice, please contact us at:
You can also contact our Group Data Protection Officer by submitting your request through the following email: email@example.com