SOM Privacy Policy

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Last Updated: 10/12/23

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About This Policy

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This Privacy Policy describes the privacy practices of SOM Aesthetics LLC (“SOM Aesthetics”, “SOM”, “SOM Encinitas”, “SOM Medical Services”, “we”, “our” or “us”) with respect to how we collect, use, store, disclose and transfer the information , or “data” you provide and we collect when you interact with us through our website, www.som.md (the “Site”), and when you communicate with us through other means such as email or by telephone.

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We are located in the United States. Our address is:

SOM Aesthetics LLC

25 E E St

Encinitas, CA 92024 

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Data Controller

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SOM Aesthetics is the data controller for all information and data described by this policy, which means that SOM Aesthetics determines the purposes and manner in which personal data is processed on this Site.

Cookies and Similar Technologies

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SOM Aesthetics uses cookies to manage and improve the functionality of our websites, to help make your experience a positive one, and to enable us to better understand how you use our services. A cookie is a tiny text document, which usually includes anonymous information about the user. You can set your browser to not accept SOM Aesthetics’s cookies, but you might not be able to access all aspects of the SOM Aesthetics Site you are visiting.

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The Site may use third party cookies, including Google Analytics, which may collect information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. SOM Aesthetics does not use analytic information for advertising purposes.

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Tracking and behavioral cookies are cookies that follow you when you leave the SOM Aesthetics site and go to another site. These cookies show advertising and marketing to you on third party sites not affiliated with SOM Aesthetics, such as social media sites. 

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For instance, if you have been on the SOM Aesthetics website and clicked on our Moisturizing Renewal Cream, you may see an advertisement for that product, instead of, say, an advertisement for tires or soft drinks. SOM Aesthetics uses tracking cookies to customize your ad viewing experience, and to make it easier for you to return to our site, should you desire.

If you are a European resident, you will have the option to turn off tracking cookies. Turning off tracking cookies does not mean you will not see advertising. It simply means you will not see advertising based upon your experience at SOM Aesthetics.

California Do Not Track Disclosures

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The California Online Privacy Act requires that we outline our practice as it is related to federal do-not-track signals that may come from your browser. Because this signal does not often reflect the preference of our consumers, this website does not respond to it.

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California residents may also request a record of all personally identifiable information we have on file, as well as a list of all third parties in the event we have disclosed personal information during the preceding year for the third parties’ direct marketing purposes. To obtain this information, please contact us at:

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concierge@som.md or

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SOM Aesthetics LLC, 25 E E St. Encinitas, CA, 92024

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Please include the phrase “Your California Privacy Rights” in the subject field of your email or on the envelope or postcard and in the actual request. For all requests, please include your name, street address, city, state, and zip code. We are not able to accept requests via the telephone or by facsimile. Sorry, we cannot be not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Types of Information We Collect About You

Information you may provide

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We may collect the following information:

• contact details such as (for example) your full (i.e., first and last) name, phone number, email address, and postal address, and credit card information;
• usernames and passwords;
• credit or other payment card information and the cost of your purchase;
• comments, feedback, posts and other content you submit to the Site;
• information you post on public areas that are part of the Site;
• information you provide to our customer support team;
• your responses to surveys, questionnaires, and/or quizzes;
• information you post publicly on social media; and
• interests and communication preferences.

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Information collected automatically

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SOM Aesthetics may also automatically collect information about you or your computer or device that does not directly identify you. This information may include:

• information about your use of Site (including web pages you have visited, apps you have downloaded, parts or functions of the Site you have used or viewed, content you have accessed or viewed, and transaction history);
• your IP address and device identifiers, information about your Internet connection; and
• information about the equipment or software you use to access the Site.

How We Collect Information About You

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We collect information about you in three main ways:

• Information Directly Provided by You: We collect information about you when you register for Site; sign up for email or text alerts; sign up for our loyalty program; use the Site’s Email Signup box; make purchases; respond to surveys, questionnaires, or quizzes; fill out the registration form on the Site; interact with our customer support team via telephone, email, chat, or otherwise; publicly post or share content; contact us; use social media connections; and/or otherwise interact with the We make commercially reasonable efforts to comply with all state and federal laws, including CAN-SPAM. We may use your e-mail address to provide you newsletters and other marketing information that coincide with your preferences. If you are a resident of the EU, you will be asked to opt-in to receive these marketing messages, which may contain information about sales and special discounts that you cannot receive if you do not opt to receive marketing messages. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions & Email options several ways: on the Site, if you have created an account; through the link provided in each email communication; by following the directions contained in the email; or by sending an email to concierge@som.md that contains the email address(es) you wish us to unsubscribe from our lists. Please note that unless you delete your account completely, as outlined below, we will continue to send you important non-commercial emails, such as administrative notices related to the Site.
• Information Collected Automatically Using Technological Means: We collect information through the use of cookies and similar technologies to log your activities while visiting the Site. You may set your browser to block all cookies, including cookies associated with Site, or to indicate when a cookie is being set by us. However, it is important to remember that many of our services may not function properly (or at all) if your cookies are disabled. Please see our section on cookies to learn more about how we use cookies.
• Information Collected Through Third Parties: We may obtain information about you from third parties, such as Facebook, third-party data aggregators, cookie technology operators, advertising networks, or other types of data companies. This information may be collected when you use SOM Aesthetics-related hashtags, such as #SOM Aestheticsskincare, #gettheglow and, #SOM Aestheticsskincareofficial, or when you post publicly. In some cases, our third party aggregators may provide us with data about you from sources to whom you have given permission to share that data. 
• Information Collected By Our Affiliates. SOM Aesthetics is part of the SOM Aesthetic Family of companies, including SOM Encinitas, SOM Labs, SOM Medical Services and Aesthetic Arts Academy. We may be provided information about you from the affiliates in our Family.

How We Share Information About You

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We may share anonymized information—such as aggregate data and information about your use of Site—with third parties. We may also share information about you in ways disclosed at the time you provide that information. Please keep in mind that any information you disclose publicly—either in a Public Profile or through message boards or other public areas—may be collected and used by others, may be indexable by search engines, and might not be able to be erased from public view to the extent they have been copied to external sites. Please be careful when disclosing personal information in these public areas.

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The following is a list of instances where we may share your information with third parties:

• When we retain service providers to perform certain business-related functions on our behalf: At times SOM Aesthetics may hire other companies to process data, ship products that you order, or do work on our behalf. This is always pursuant to a contract that requires the third-party service provider to protect your information consistent with this privacy policy. These companies are only provided the information they need to perform their functions and the information can only be used to perform the services on our behalf or to comply with legal requirements. We do not disclose personal information to third parties for direct marketing purposes.

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Other Information We May Share and With Whom (and Collect)

• Public Profiles: Information provided by you for the purposes of populating a public profile on the Site will be searchable and viewable by anyone accessing the Site. The information contained in your public profile is made available to other users of the Site. Should you wish to remove your public profile, follow the instructions under the Access, Correction, and Erasure section of this policy.
• Comment Sections and Other Public Areas: Information you post on comment sections or other public areas on the Site is public and will not be kept private. Should you wish to remove your postings from comment sections or other public areas, follow the instructions under the Access, Correction, and Erasure section of this policy.
• Contests and Sweepstakes: We may publicly disclose the name, city and state of contest and sweepstakes winners as permitted by the contest/sweepstakes rules or as required by law. You may be required to consent to if you wish to enter a given contest or sweepstakes.
• Sale or Purchase of Business or Assets: If SOM Aesthetics is involved in a merger, acquisition, or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
• Legal Reasons: We will disclose information to cooperate with law enforcement, government or regulatory bodies, content protection organizations, or judicial processes as required by the applicable laws and regulations. We may also use or disclose information to enforce or protect the rights or safety of Site users, us, or others. We will provide notice to individuals prior to such disclosures, to the extent it is practicable to do so allowed by law.
• When You Have Given Permission. In some cases, we will ask whether you can give us permission to share your personal data with others.
• Our Family of Companies. SOM Aesthetics is part of the Tengram Capital Partners Family of companies. We may share your information with our affiliate family members when we believe it may be beneficial to you or them.

If you reside in a jurisdiction, such as the EU, where you have the right to object to your information being processed for any direct marketing purpose, you may send us an email at concierge@som.md. Please note that we cannot honor requests not to process your data if such processing is necessary for us to honor a commitment to you (such as a warranty), to perform a legal obligation, or for reasons of public interest.

Security

SOM Aesthetics takes commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, data that you share and that we collect and store. These security measures may include practices such as keeping your data on a secured server behind a firewall, internal reviews of our data collection practices and platforms, industry-standard encryption technologies, and physical security measures to guard against unauthorized access to systems where we store your information.

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If you have reason to believe that a third-party has gained unauthorized access to your information, please contact us immediately at concierge@som.md. If SOM Aesthetics becomes aware of a data breach that adversely affects you, it will notify you as soon as reasonably possible.

Text Messages

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SOM Aesthetics recognizes that many consumers prefer to use their mobile devices to receive certain notifications. SOM Aesthetics complies with the Telephone Consumer Privacy Act (“TCPA”) and will not send marketing messages to you unless you opt in to receive them. If SOM Aesthetics uses mobile messaging we will comply with policies outlined below.

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Transactional Messages. If you have provided your mobile number to us in your profile, which is a contract with us that constitutes your prior consent to SOM Aesthetics to send you transactional messages. These messages include information about the status of an order you have placed, to collect a debt, to notify you of a fraud alert, to correct wrong or incomplete billing information, to provide you with a return receipt notification, to notify you that something is out of stock, to send you a link to a customer satisfaction survey, to notify you that credit card information you have stored is expired, and so forth. These text messages are informational in nature. If you do not want to have transactional messages sent to you, you do not need to provide your mobile number in your profile, and can remove it at any time.

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In some limited cases, in order for your order to be properly processed or delivered to you in a manner that ensures quality, you may be required to provide your mobile phone. Providing your mobile number in cases like this does not give SOM Aesthetics authority to send you marketing messages.

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Marketing Messages. If you would like to receive marketing messages sent directly to your mobile phone, including discounts, sale notifications, information on new releases, and updates (“marketing”) to your brands, you may enter your mobile phone number and check the box in your profile or on your order that allows SOM Aesthetics to send you autodialed marketing text messages. You may stop receiving these messages at any time by simply replying “STOP” to any text message you receive. Consistent with the TCPA, marketing notifications are also available through the SOM Aesthetics website, and you are not required to provide your mobile number to receive special pricing and discounts. We do ask that if you relinquish your mobile number, you update your profile to reflect that the number we have on file is no longer associated with you.

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By entering your phone number in the checkout or by checking the box to sign up for the text messaging program, or opting in through some other explicit means (opting in via short code or entering your phone number into a on-site collection widget), you expressly consent to receive non-marketing and marketing text messages (also known as SMS) from at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services. Message and data rates may apply.

Subscription Services

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SOM Aesthetics may offer subscription packages to you from time to time. Doing so means we will retain information about you, including credit card information and other personal data about your choices. In addition to the terms outlined in this policy, your subscription service will provide you with additional terms, and you will have an opportunity to agree to them before you purchase your subscription.

Your Rights and Choices

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Communication Preferences and Opt-outs

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If you have subscribed to one or more of our email newsletters or are receiving marketing emails from us and you don’t want them anymore, you can unsubscribe. Follow the instructions contained in the email message to opt-out of receiving future messages of that type. However, you cannot unsubscribe from some service related messages so long as you maintain an account with SOM Aesthetics.

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If you have received a marketing email message sent legally pursuant to federal CAN-SPAM laws, you can choose to opt out by following the directions contained in the marketing email.

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Access, Correction, and Erasure

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Registered users may update or remove their personal information using account settings within the Site. To the extent reasonably feasible, we provide online access to a user’s information and the ability to review, update, delete, and/or correct it. You may also request access to other personal information about you that may be held by SOM Aesthetics.

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Postings in comment sections or other public areas, may be deleted by using the tools provided when you are logged-in to the Site; or you may contact SOM Aesthetics at concierge@som.md with the details (such as a direct link to the information).

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To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password, user ID, or other verification before granting access to or removing your information.

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If you are over 13 but under the age of majority, and you have posted content (or see content posted about you) that you cannot remove yourself you may need to provide your full name, your state of residence, and your age at the time you posted it. We will remove the content from view.

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Please contact  concierge@som.md for more information about exercising these rights.

Data Retention and Deletion

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If you request to delete your personal information, we will endeavor to fulfill your request but some personal information may persist in backup copies for a certain period of time and may be retained as necessary for legitimate business purposes or to comply with our legal obligations.

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We retain your data for as long as you use the Site and that information is needed to provide the Site to you, for our research and marketing purposes, and for a reasonable time thereafter in accordance with applicable law. SOM Aesthetics cannot honor requests to delete data that is required for Site to function properly or that SOM Aesthetics is required to retain by law.

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EU residents’ data is retained for as long as is reasonably necessary.

Children

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Consistent with the Children’s Online Privacy Protection Act of 1998 and its revisions in 2013, the Site is a general audience website, intended for adult use. We do not market to, and do not knowingly collect any personally identifiable information from, children under thirteen (13) years of age. Children should always get permission from their parents before sending any personal information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. We encourage you to become involved in your children's online experience, and to share your knowledge and experience with your young ones. If you’re under 13, please do not register for any of our services or provide us with any personally identifying information (such as your name, email address or phone number). Please contact our customer service department if you are aware of any personal information supplied to the Site by a child under the age of thirteen (13).

California Do Not Track Disclosures

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The California Online Privacy Act requires that we outline our practice as it is related to federal do-not-track signals that may come from your browser. Because this signal does not often reflect the preference of our consumers, this website does not respond to it.

California residents may also request a record of all personally identifiable information we have on file, as well as a list of all third parties in the event we have disclosed personal information during the preceding year for the third parties’ direct marketing purposes. To obtain this information, please contact us at:

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concierge@som.md 

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SOM Aesthetics LLC. 25 E E St. Encinitas, CA 92024

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Please include the phrase “Your California Privacy Rights” in the subject field of your email or on the envelope or postcard and in the actual request. For all requests, please include your name, street address, city, state, and zip code. We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Links to Other Services and Websites

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The Site may contain links to information created and/or maintained on third-party websites. The third-party website will be displayed in a new browser window and the user will no longer be in the SOM Aesthetics environment. When users select a link to an outside website, they are leaving the SOM Aesthetics Site and are subject to the privacy and security policies of the owners of the third-party website. We are not responsible for, and we do not endorse or control, the policies or practices of any such website or services.

Updates to Our Privacy Policy

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From time to time, we may revise this Privacy Policy. If we make material revisions to the way we collect or use your information, we will provide you with notice of those changes by either: (1) notifying you directly, (2) announcing the change on our Site, and/or (3) posting the revised version of this Privacy Policy online.

You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. By continuing to use Site after such updates, you affirm your agreement with the terms of the Privacy Policy. If we have made changes you don’t agree with, you are free to request that we delete your information.

Questions

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For any questions on this Privacy Policy or our data practices, you can contact us

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By mail at: SOM Aesthetics LLC. 25 E E St. Encinitas, CA 92024

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By email at: concierge@som.md 

Dispute Resolution

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If you have an inquiry or complaint regarding whether SOM Aesthetics has violated its obligations under this Privacy Policy as to you or if you are an EU or Swiss resident with an inquiry or complaint regarding whether SOM Aesthetics has violated its obligations under the Privacy Shield Principles as to you (your “Complaint”), you should first contact SOM Aesthetics at:

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By mail at: SOM Aesthetics LLC. 25 E E St. Encinitas, CA 92024

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By email at:  concierge@som.md

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SOM Aesthetics will acknowledge your Complaint within 24 hours, and respond to your complaint within 45 days. SOM Aesthetics may ask that you provide additional information and/or request a one-on-one discussion or conference. 

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