Last update : June 3, 2023

Omy laboratories

PRIVACY POLICY

Introduction 

In the course of its activities, PSYCOS DERMOCOSMÉTIQUES INC. , doing business as ÔMY Soins sur mesure ("OMY", "we" or "us") collects and processes Personal Information. Protecting your privacy is important to us. We take steps to ensure that the Personal Information we collect is adequate, relevant, non-excessive and used for limited purposes. 

Please read our Privacy Policy carefully to understand what Personal Information we collect about you and for what purposes. Our privacy policy is presented in several levels so that you can click on the specific sections mentioned below. 

Scope of application

Our Privacy Policy explains our practices regarding the treatment, including collection, use, disclosure, retention and destruction of Personal Information that we collect when :

• You are visiting our website www.omycosmetics.com;
• Use our SkinIA artificial intelligence tool (the "SkinIA Platform");
• Participate in clinical trials; or
• Interact with us directly, in-store for example. 

If you do not agree with our privacy policies and practices that comply with Privacy Laws, your choice is not to use our services.  By actively providing us with your Personal Information through direct interactions with our services, you are indicating that you understand, accept and consent to the practices described in this Privacy Policy. 

Our Privacy Policy does not apply to Personal Information collected by any third party or application, including third party links accessible from our website or SkinIA Platform.

definitions

"Privacy Laws" means the applicable laws governing the processing of Personal Information, including the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, the Act respecting the protection of personal information in the private sector, S.Q. c. P-39.1 and other similar applicable provincial laws. P-39.1 and other similar applicable provincial laws.

"Data Subject" or "you" means any identified or identifiable individual about whom OMY collects Personal Information via or in connection with your interactions with our website, the SkinIA Platform or our business in general.

"Commercial information" means products purchased, number of purchases, promotional codes. 

"Identity and contact information" means your first name, last name, e-mail address and address for product delivery. 

"Usage or Profile Information" means your account login information, information about how you use our Web site and SkinIA Platform, including language of display, services you viewed or searched for, page response time, download errors, length of visits and information about page interaction (including scrolling, clicks and mouse-over), which is processed through the use of cookies.

"Personal Information" means any information about an identified or identifiable natural person or as that term or the term "personal data" may be defined in a Privacy Act, but excludes information that is not considered Personal Information under the various Privacy Acts. Also, for greater certainty, an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

"Technical Information" means information collected during your visits to our website and SkinIA Platform. This information includes your Internet Protocol (IP) address, web log and connection data, referred Internet addresses, other communications data, searches performed and pages visited, time, date, language preferences, browsers you use and their versions, browser add-on types and versions, device type, time zone settings, operating system and platform of your devices with which you browse or connect to and use our website or SkinIA Platform.

minors under 14

When you deal with us and you are under 14 years of age, your parent or guardian will be required to consent to OMY's processing of your Personal Information on your behalf. We do not knowingly collect Personal Information from anyone under the age of 14. 

What personal information do we collect and why?

In general, we collect your Personal Information to enable you to access and use our services. More specifically, we collect the following Personal Information and limit collection to the purposes described below.

Manage our customer-seller relationship and process your order 

To do this, we collect Identity and Contact Information and Business Information about you. You can create a customer account, which facilitates the renewal of consumer products. Your password is protected by encryption.

When you make a payment on our Web site, unless you contact us by telephone to make the payment, we do not process any Personal Information relating to your credit card. We use a vendor to process all credit card payments. When you are asked to provide your Personal Credit Card Information, a window opens outside our Web site and SkinIA Platform, which is not under our control, but under the control of this provider. We only receive a token that allows us to validate with this supplier that you have indeed made the required payment.

Analyze your skin and suggest the best formula for your skin type and needs, and make customized recommendations (SkinIA platform).

In order to offer you the best formula to suit your needs, we analyze your skin and collate your age, skin type, skin concerns (redness, acne, sensitivity, dark circles, wrinkles, etc.), diagnosis of skin disease and use of treatment, if any, allergies to cosmetic products. 

You have the option of providing us with a photo of your face for the skin analysis. You also have the option of answering more questions about your skin's properties (redness, pigmentation spots, pores and fine lines) if you don't wish to use the photo option.

To make our website and SkinIA Platform accessible, to improve the user experience and to ensure that content and advertising on our website is presented in an effective manner.

In order to make our SkinIA website and Platform accessible and to improve the user experience, we collect Technical Information and Usage or Profile Information.

Also, to facilitate your use of our website and SkinIA Platform or for future communications, OMY or its service providers may use cookies to collect information about your Internet connection and how and when you visit our website and SkinIA Platform. To learn more about our use of cookies or similar technology, please see our Cookie Notice. 

Save your communication preferences 

When you give us your consent to keep you up to date with the latest news, announcements and other information about our services and solutions (including presentations, newsletters and other news), events and initiatives; to send you details of customer surveys, marketing campaigns, market analyses and other promotional activities. We also collect marketing information, such as your preferences for receiving marketing e-mails or other marketing tools from our Web site, third-party marketing tools and your communication preferences. This information may be linked to your personal identity.

We will only provide you with marketing-related information if you have, where required by law, opted in to receive such communications or have the opportunity at any time to opt out of receiving such information. 

Participation in our clinical trials

We carry out clinical trials on some of our products in order to analyze the general appreciation and effectiveness of our products by consumers (the "Clinical Trials"). This enables us to determine whether we will market a product. Participation in our Clinical Trials is voluntary, and your express consent is required. 

As part of our Clinical Trials, we collect Identity and Contact Information. We also collect health problems, alcohol and/or drug use, the use of any treatment that affects skin condition in the last 7 days (laser, hair removal, peeling, antibiotics or acne medication), visits to tanning salons, sun exposure, use of sunscreen, whether you are pregnant or plan to become pregnant in the near future, and whether you are breast-feeding.

In Clinical Trials, we de-identify Personal Information by assigning codes to the information collected (e.g. skin type, age, sun exposure, etc.) so that the information is not associated with your name. In addition, you have the option of taking a photo of only segments of your skin/face so that it is not possible to identify you directly.

At the end of a Clinical Trial, we produce a results report, which is sent only to the participants in the Clinical Trial. The results report does not contain any personal information that could be used to directly identify an individual; the information is de-personalized. The report is presented in statistical form.

We will not use your Personal Information for purposes other than those for which it was collected, except with your consent, unless :

1. reasons of a legal, medical or safety nature make it impossible to obtain consent; or

2. we are authorized or required to do so under applicable law.

collection of personal information from you

You may provide us with your Personal Information when you : 

1. interact with or browse our website or SkinIA Platform;

2. take part in our clinical trials;

1. make an appointment for a telephone consultation with our dermatology specialists; 

2. communicate with us in-store, by telephone, e-mail or other electronic means, or in writing, or when you provide other information directly to us, including in conversations held with any member of the OMY team in the course of using our services.

As you browse our website or SkinIA Platform or use any other part of our website or SkinIA Platform, we automatically collect your Technical Information and some of your Usage or Profile Information.

collection of personal information from third parties

We will only collect Personal Information about you from third parties with your consent or as permitted by law.

Here are the names of our suppliers from whom we may collect Personal Information about you and the type of Personal Information collected:

1. Google Analytics (technical information and usage or profile information);

2. Beauty salons when you place an order directly with us at our various points of sale (Identity and contact information and Sales information). 

THIRD PARTY INFORMATION AND LINKS

If you provide us with Personal Information about any other individual, you must ensure that they understand how their Personal Information will be used and that they have given you permission to disclose it to us and to allow our suppliers to use it. Thus, you must obtain each individual's free and informed consent to the disclosure of his or her Personal Information and to OMY's subsequent use of such Personal Information, in accordance with this Privacy Policy, before such information is disclosed to us, unless otherwise permitted by law.

Our website and SkinIA Platform may contain links to third-party websites, plug-ins and applications. Clicking on these links or allowing these connections may allow third parties to collect or share Personal Information about you. We do not control these third-party items and are not responsible for their privacy policies. When you leave our website and SkinIA Platform to use these elements, we encourage you to read the privacy policies that govern them.

disclosure of your personal information 

We may disclose your Personal Information :

1. To our Canadian-based service providers who are expressly retained by us in connection with our services and who act as subcontractors, such as : 

1. Our suppliers for our SkinIA Platform (for the purposes of developing and hosting the software and operating the artificial intelligence); and

2. Our e-commerce suppliers (for the purposes of our online services).

1. To our service providers located in the United States whom we expressly call upon in connection with our services, who act as subcontractors: 

1. Microsoft Corporation (Office 365) (https://privacy.microsoft.com); 

2. Google LLC (Google Analytics) (https://policies.google.com/privacy?gl=CA&hl=fr); 

3. PayPal for online payment purposes (https://www.paypal.com/webapps/mpp/ua/privacy-full); and

4. Reamaze LLC (for the purposes of our online services) (https://www.reamaze.com/privacy).

1. If you participate in a Clinical Trial, your de-identified Personal Information may be disclosed to other participants in the same Clinical Trial. 

2. To courts, law enforcement authorities, regulators, government officials or attorneys or any other party when reasonably necessary to initiate, exercise or oppose legal process, or as part of an alternative dispute resolution process;

3. To enable us to complete a business transaction in which OMY is involved, such as the sale of its assets or part of its business. We may disclose your Personal Information to the third party involved in the business transaction and the third party may use your Personal Information for the same processing purposes, with the exception of Sensitive Personal Information, for which your express consent will be sought, except as otherwise permitted by law ; and 

4. If we believe in good faith that such action is appropriate or necessary to avoid a breach of our Terms of Use or any other agreement to which you are a party; to protect against a claim; to protect our rights, property, safety or those of a partner, person or the public; to maintain and ensure the security and integrity of our website and SkinIA Platform or our infrastructure from misuse or illegal use. 

We require any third party with whom we do business and who has access to your Personal Information to respect the security of your Personal Information and to treat it in accordance with the law. By contract, we only allow our service providers to process your Personal Information for specific purposes and according to our instructions. 

We may disclose your Personal Information if we believe in good faith that such action is required by a subpoena, warrant, or other legally valid judicial or administrative decision.

disclosure of personal information outside quebec

OMY, its service providers and other third parties to whom OMY discloses or transfers Personal Information under this Privacy Policy may operate outside Quebec and Canada. Any Personal Information of a Data Subject used, stored or accessed in foreign countries or provinces other than Quebec may be subject to the laws of those countries or other provinces (for example, where a service provider operates globally). As a result, Personal Information may be disclosed in response to valid requests or requirements from government authorities, courts or law enforcement authorities in foreign countries or provinces. Prior to any transfer of Personal Information outside Quebec, we conduct Privacy Impact Assessments as required by Privacy Laws. 

We require our service providers and any third parties to whom we disclose Personal Information to process your Personal Information only in Canada, with the exception of the following Personal Information which is processed in the United States by the following service providers: 

1. Google LLC (Google Analytics);

2. Microsoft Corporation (Office 365); 

3. Paypal; and

4. Reamaze LLC.

In all cases of transfer of your Personal Information to a jurisdiction other than Quebec, we ensure that your Personal Information will be treated securely in accordance with this Privacy Policy and that a written contract is entered into with the third party to whom we transfer your Personal Information regarding the processing thereof and the security of your Personal Information. 

how long do you keep my personal information?

We will retain your Personal Information only for as long as is reasonably necessary to fulfill the purposes for which it was collected, including satisfying legal, accounting and disclosure requirements and enforcing or defending legal rights. 

In determining the appropriate length of time to retain your Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the level of potential risk and severity of unauthorized use or disclosure of your Personal Information and whether we can accomplish the purposes by other means, as well as applicable legal, regulatory, tax, accounting and other obligations.

In certain circumstances, we will anonymize your Personal Information (so that it can no longer be associated with you) for research and statistical purposes, in which case we may use such anonymized Information indefinitely without further notice to you.

If you have any questions about the retention of your Personal Information, please contact our Privacy Officer identified in paragraph 15.

security and protection of your personal information

OMY is committed to protecting the confidentiality, integrity, availability and privacy of your Personal Information. OMY uses safeguards that are customary in the industry and reasonable in light of the sensitivity of Personal Information, including physical, electronic and organizational security measures. 

For example, OMY restricts access to its offices, trains its personnel accordingly, limits access to Personal Information to its personnel on a need-to-know basis, discloses Personal Information only on a need-to-know basis and as set out in this Privacy Policy, uses passwords and implements well-defined internal policies and practices which provide, among other things, that OMY personnel may only process your Personal Information in accordance with these policies. All OMY employees have signed a confidentiality agreement which, among other things, protects the confidentiality of your Personal Information. 

Unfortunately, the transmission of information over the Internet is not completely secure. While OMY makes every effort to protect your Personal Information, OMY cannot guarantee the security of information transmissions through our website and SkinIA Platform. Any transmission by a Data Subject of Personal Information is made at his or her own risk. Once we have received information from a Data Subject, we will apply our security measures in an attempt to prevent unauthorized access, use or disclosure.

OMY may store and process a Data Subject's Personal Information at its Quebec City office. OMY has established agreements and controls with any third party service providers to require them to protect, in a manner comparable to this Privacy Policy, your Personal Information that they store, handle and process. 

roles and responsibilities of our staff

Our staff has agreed to abide by this privacy policy. 

your rights and how to exercise them

You have various rights with respect to our use of your Personal Information:

1. Access: You have the right to request a copy of the Personal Information we hold about you or to see it. However, we may not disclose your Personal Information to you where disclosure would reveal Personal Information about another individual or would violate applicable laws. 

2. Accuracy: We strive to ensure that your Personal Information is accurate, up-to-date and complete. We invite you to contact our Privacy Officer at the coordinates provided in paragraph 15 to advise us if any of your Personal Information is inaccurate or if any changes have been made to it, so that we can ensure that we keep your Personal Information up to date.

3. Processing : You may request information about the processing of your Personal Information. Specifically, you may ask what Personal Information has been collected, how it is processed, the categories of persons who have access to such Personal Information within OMY, the applicable retention period, the contact details of our Privacy Officer and the source of the Personal Information if it has been collected from third parties. 

4. Refusal and withdrawal of consent: In certain circumstances, you also have the right to object to the processing of your Personal Information and to ask us to block, erase or restrict access to your Personal Information. If your consent has been given and is required for the collection, processing or transfer of your Personal Information, you have the right to withdraw that consent in whole or in part. We may not be able to provide you with all or part of our services. In this event, we may have to cancel our commitment to you. You will be notified should this situation arise.

5. Portability: Where permitted by law on or after September 22, 2024, in certain circumstances, you have the right to request that certain of your Personal Information be provided to you, or to another data controller, in a structured, commonly used and machine-readable technological format. 

6. Automated decisions: We will not use your Personal Information to make automated decisions about you, with the exception of the use of our SkinIA artificial intelligence tool, which generates a result based on an analysis of your skin. Upon request, you may ask us for the Personal Information used to generate the result of the analysis, the reasons, as well as the main factors and parameters, that led to the decision and ask us to rectify the Personal Information used to generate the result. 

7. Complaints: If you believe that your rights to the protection of Personal Information may have been violated, you have the right to file a complaint with the applicable control authority or to have recourse to the courts. Depending on the applicable circumstances, if you submit your Personal Information when you are located in Quebec, you may file a complaint with the Commission d'accès à l'information du Québec (https://www.cai.gouv.qc.ca) and if you submit your Personal Information elsewhere in Canada, with the Office of the Privacy Commissioner of Canada (https://www.priv.gc.ca/). However, we would appreciate the opportunity to answer your questions or discuss your concerns before you contact such a control authority. Please contact us first.

In order to exercise these rights, we invite you to contact our Privacy Officer at the coordinates provided in paragraph 15. 

Contact and Privacy Officer

We have appointed a Privacy Officer to ensure OMY's compliance with Privacy Laws. 

Contact information for our Privacy Officer

Ms. Rachelle Séguin

Phone: 438-501-6059
E-mail: rachelle@omycosmetics.com

Contact information for OMY, as the party responsible for processing Personal Information

Psycos Dermocosmétiques inc.

c/o Rachelle Séguin

Phone: 438 -501-6059
E-mail: rachelle@omycosmetics.com

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