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TERMS OF SERVICE

BIOSSANCE TERMS OF SERVICE

Effective Date: 10/7/2021

Introduction:
What Our Privacy Policy Covers

Welcome to the Biossance Privacy Policy. This Privacy Policy explains our practices regarding our collection, use and disclosure of information about you or other individuals, or information that could identify you or other individuals, through our store, companion mobile apps, or related services and communications (collectively, the “Store” or the “Site”). We refer to this information throughout this privacy policy as “Personal Information.” Personal Information does not include information that has been de-identified or aggregated such that an individual can no longer be identified.

The Biossance Sites are owned and operated by Amyris Clean Beauty, Inc. and its affiliated entities who are all collectively referred to herein as, “Amyris”, “our”, “we”, “us”.

Amyris’ registered office is located at 5885 Hollis Street, Suite 100, Emeryville, CA 94608, United States.

Transparency. We want you to know what and how information is collected when you interact with our Store.

Choice. We will offer you choices about how your information can be used and shared by us and our trusted business partners.  Certain Stores, Sites or features may ask for you to affirmatively “opt-in” to this Privacy Policy, however, continued use of the Site, Store or feature is considered your agreement to the terms and conditions of this Privacy Policy.  Additionally, when applicable, certain features may allow users to choose an alternative version of the Site with revised functionality that can further limit information sharing

Data Integrity. We will take reasonable precautions to protect information we collect about you via the Store using cyber security technologies and ongoing monitoring of our data storage infrastructure.

We collect the following information when you use the Store for the purposes described below:

  • Account Information. We collect Personal Information when you create an account with us, make purchases, or sign up for a recurring subscription. To create an account, you will need to provide us with your name, email address and a password or agree to communicate the same by signing in using an authorized third-party website.  Once you create an account, you have the option to add one or more addresses to your account address to expedite the checkout process for purchases you make through the Amyris Store. If you reside in the United States, you may also elect to provide us with your telephone number to receive SMS messages from us. If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to have your shipping information transferred to the United States through trusted logistics partners to execute the delivery from the Store.  You can update or delete any of the addresses you add to your account. 
  • Purchase Information. When you buy one of our products through the Store, we will collect your shipping and billing address to fulfill your order. To complete your purchase, you will need to provide either a credit card or use one of our payment partners, such as PayPal, Amazon Pay, or Afterpay. As part of processing a return, fraud prevention or for other legitimate purposes, you may be asked to provide government issued identification numbers, such as driver’s license number.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to your payment information being communicated in a secure manner to trusted payment processors outside of your home country for the sole purpose of processing payment for the products you order from the Store. 
  • Rewards Program. If you create, or have already created an account with us, you may be automatically eligible to participate in certain rewards program (“Rewards Program”), which will provide you with access to rewards, based on your annual spend in our Store. We will use your Personal Information (including your name, email address, details of your purchases and how much you spend in our Store) and other information in our legitimate interests to administer our Rewards Program, including to monitor your expenditure with our Store, to provide you with rewards and to enable you to redeem them and to communicate with you about the Rewards Program. If you do not want to take part on our Rewards Program, you can opt-out at any time by contacting us using the details provided below or as specified in the Rewards Program Terms and Conditions. You will also have the option to provide us with your birthday, to receive a birthday gift if you make a qualifying purchase in that month.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to the Rewards Program information communications described above according to the Store’s Rewards Program Terms and Conditions. 
  • Communications With Us. We will collect your name and email address when you interact with us in connection with our marketing offers or when you ask to learn more about our brand (e.g. when you provide your email address to receive additional information or benefits) or to receive marketing promotions, information about Amyris events near you, or other news about Amyris or when you submit unsolicited suggestions, feedback or other materials (which may include your name, photos, videos or other items including your personal information). We also collect your information when you contact customer service.  Customer service communications may also include chat bots, or other artificial intelligence tools to better serve our customer’s needs. We use this information to track and respond to your inquiries, customer service matters, or to let you know about our products and services, including our Rewards Programs.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to the customer service communications described above.
  • Product Reviews on the Store.

    You may submit product reviews to appear on the Site. If you submit a review, we will collect your first name and last initial, email address and any information you choose to submit in your review. Although we will not display your email address, your first name, last initial and review will be publicly available through the Store. Please be mindful not to post information if you aren’t comfortable with it being public.

  • Registration for Contests and Sweepstakes. Occasionally, we may run contests or sweepstakes. We may ask those who enter in the contests or sweepstakes to provide personal information (e.g., an e-mail address). If you participate in a contest or sweepstake, your personal information may be used to reach you about the contest or sweepstakes, to comply with legal reporting requirements and for other marketing and business purposes.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to the sweepstakes information being transferred outside your home country to coordinate contests pursuant to the applicable terms and conditions of the sweepstakes. 

  • Surveys. We may contact you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information. All information collected from your participation in our surveys is provided by you voluntarily and we may use your survey responses for other marketing and business purposes.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to survey information being transferred outside your home country for legitimate marketing and business purposes. 
  • Interaction With Us on Third Party Services (e.g., Social Media). We have pages on several popular social media sites, and we also include social media features, such as the Facebook “Like”, or “Share” button and widgets and links to various social media platforms on our website. When you use these tools on our Site or when you post on our social media pages, we may receive Personal Information about you, including your name, email address, and other contact information associated with your social media account which may be used for things including but not limited to on-platform optimization and reporting. The information we receive is dependent upon your privacy settings with the social network and is subject to this Privacy Policy. Information you post on a third-party social media (or other) site is subject to such site’s privacy policy. We encourage you to always review and, if necessary, adjust your privacy settings on third party websites before linking or connecting them to our website. We do not control the third-party websites’ information practices, so please review their statement and your settings on the third party’s site carefully to protect your information.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to all the social media uses described above and the international transfer of information outside your home country.
  • Your Referrals. If you use our “Refer a Friend” program or other referral programs to send promotional messages to one or more of your contacts, we will collect the recipient’s email address and use it solely to send the referral message. We will let the recipient know we sent the referral at your request. The person you referred may contact us at privacy@amyris.com to request that we remove this information from our database. .
  • Browsing Information. We automatically collect certain information about your use of the Site, including the areas or web pages you viewed on our Site, the Amyris products you viewed or purchased, your IP address, details about your browser or device, and other information about your browsing behavior (collectively, “browsing information”). We use browsing information to improve the design and content of our Site, to suggest content and products that we think may be relevant to you, and to help us learn things like what pages are most attractive to our visitors, what promotions visitors like to see, and to measure the success of our advertising campaigns. We collect browsing information and allow third parties to collect such information through cookies, pixel tags, web beacons, local storage, and other tracking technologies (collectively, “Technologies”) as further described below.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to collecting the browsing information and transferring that information outside your home country for legitimate business purposes. 
  • Information from Other Sources. We may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you for the purposes of tailoring content and products that we think may be relevant to you.
  • Access to Camera and Photo Collection. With your permission you may wish to take advantage of Store features that utilize the camera on your personal device.  Amyris will collect your image or a video for the purpose of executing the services described herein when you provide consent. Your image will not be shared publicly, except where you choose to use your device’s share capabilities to share a specific image.  Images may be retained and used for other internal Amyris purposes, such as user-facing value-add features (e.g. seeing your progress over time), improving features and services (such as through analytics, research and development), and other direct marketing efforts related to your specific use of the Store feature.

Like many websites, our Store uses automated data collection Technologies, including cookies, to collect certain information. We, as well as third parties, use these Technologies as follows:

  • Cookies and Web Technologies. A “cookie” is a small text file that identifies your computer or device. When you visit our Store, unique cookies are placed on your browser. A web beacon is a technology with a unique identifier that is typically contained in a small graphic file in a web page or in an email. We may use these Technologies to identify that you’ve logged into the Store, to hold selected products in your shopping cart when you navigate away from the order page, to suggest content and products that we think may be relevant to you, and to monitor aggregate usage of our Store. We also use these Technologies to measure the effectiveness of our advertising campaigns and to improve our Store by recognizing which pages are visited and whether those visits result in purchases.
  • Interest-Based Advertising. So that we can better target our advertising to individuals’ interests, we work with advertising partners who may use Technologies, including cookies to gather browsing Information about you when you use our Store. Our advertising partners may also gather information about your visits to other websites to infer information about your interests. We or our advertising partners may use this information to make inferences about your interests so that we can advertise our products to you on other sites that you visit or in emails that we send to you.
  • Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Store. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s processing of data generated by your use of the Store by visiting http://tools.google.com/dlpage/gaoptout.

We use information we collect for the following purposes:

  • We use information collected to provide and operate Amyris, to facilitate your online shopping, to enable purchases and process payments, to operate the Site features, to communicate with you (e.g., for customer support), to administer our Rewards Program, to implement your requests (e.g., referrals), on-platform optimization and reporting, to improve customer experience through personalization of products and their application, and to tailor and send you marketing materials.

  • We use your browsing and other information to help us analyze our Store and offerings. 
  • We use your browsing, shopping, and other information to enhance your use of our Store and provide you with interest-based advertising.
  • We may use your email address to contact you about your account, and any relevant information about the Store (e.g., security updates or issues, etc.).
  • We may use information you post in public areas to provide you with an interactive social media experience that brings aspects of your social networking community into your Store experience.
  • We may use information we collect for our own and our affiliate companies’ legitimate interests, such as direct marketing, research (including marketing research), network and information security, to detect security incidents, and to investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate or violate our policies, procedures, and terms and conditions.
  • We may use the information we collect for any purpose disclosed to you at the time it was collected or otherwise with your consent.

We use information we collect for the following purposes:

  • We use information collected to provide and operate Amyris, to facilitate your online shopping, to enable purchases and process payments, to operate the Site features, to communicate with you (e.g., for customer support), to administer our Rewards Program, to implement your requests (e.g., referrals), on-platform optimization and reporting, to improve customer experience through personalization of products and their application, and to tailor and send you marketing materials.

  • We use your browsing and other information to help us analyze our Store and offerings. 
  • We use your browsing, shopping, and other information to enhance your use of our Store and provide you with interest-based advertising.
  • We may use your email address to contact you about your account, and any relevant information about the Store (e.g., security updates or issues, etc.).
  • We may use information you post in public areas to provide you with an interactive social media experience that brings aspects of your social networking community into your Store experience.
  • We may use information we collect for our own and our affiliate companies’ legitimate interests, such as direct marketing, research (including marketing research), network and information security, to detect security incidents, and to investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate or violate our policies, procedures, and terms and conditions.
  • We may use the information we collect for any purpose disclosed to you at the time it was collected or otherwise with your consent.

We may share your information as described in this Privacy Policy or with your permission.

    • Trusted Service Providers. We may share your Personal Information with third-party service providers we engage to help us administer and operate the Store (including our Rewards Program), to process and fulfill your orders, and to communicate with you. The types of vendors to whom we entrust Personal Information include: (i) IT services, including hosting our Store and the provider of our Rewards Program platform; (ii) communications service providers who help us send newsletters and other marketing emails and SMS messages; (iii) payment processing and order fulfillment services; and (iv) providers of customer support services. These service providers have access to your Personal Information only for the purpose of performing services on our behalf.  Brand will not purchase consent, or sell, rent or share consent to opt-in to the Brand’s mobile SMS/texting program. 
    • Business Partners and Affiliates. We may share Personal Information with companies that are under common ownership or control with us (e.g., Amyris subsidiaries or parent companies) to provide you with a product or service that you have requested or that we believe may be of interest to you or similar purpose as described herein. We require our affiliates not to use Personal Information for any other purpose other than the purpose as directed.
    • Marketing – Interest-Based Advertising and Third-Party Marketing. As described above, we may allow Third-Party advertising partners to use web Technologies to collect information about your browsing Information for interest-based advertising. You may opt-out of such sharing at no cost by following the instructions below.
    • Use of Affiliate Marketing Partners. When you access this Amyris website from an affiliate marketing network, Rakuten Advertising or other third-party advertising networks may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes.  For more information about the collection and use of your personal data and your rights, please locate the privacy policy for that website or if you used Rakuten use the following links: Rakuten Privacy Policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy/  Your Rakuten Rights : https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/
    • Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We or our service providers may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable (subject to applicable privacy laws) or (viii) as otherwise may be required or permitted by applicable U.S., Canadian, or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities.
    • In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Store. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities

 

  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, we will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

Your Personal Information

With your Personal Information, such as information you give us to fulfill an order or to participate in a contest or sign up for an online offer, we will always allow you to change or correct your information and the choice of not receiving marketing from us. There are different ways you can control our use of any submitted Personal Information in connection with promotional communications.

You will have the option when you set up an account or click on “Sign In” from any page on the Site, to access, correct or update your choices and settings.

You do not have to provide us with your Personal Information, but if you do not provide us with certain information, we will not be able to provide you with the products or services that you have requested or deal properly with any enquiries or complaints raised by you.

If you receive email marketing communications from us and want to opt out of receiving such communications in the future from that brand, you can opt out by clicking a link at the bottom of the promotional email that will allow you to unsubscribe or by contacting us using the details below. You may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or shipping information.

If you have any difficulty managing your communication preferences, please email privacy@amyris.com.


Interest-Based Advertising

Our systems do not recognize browser “Do Not Track” signals. However, you may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. Please note however that in most cases opting out drops an “opt-out cookie” on your browser. As a result, if you delete cookies or use a different computer or browser, you’ll need to renew your opt-out choice.

To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please remember, even if you opt out of interest-based advertising on or through these sites and other opt-out sites or services, or by adjusting your browser settings, you may still receive Amyris ads, as interest-based ads are only one form of advertising.


Right of Access, Rectification, Erasure, and Restriction

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; and (vi) request erasure of Personal Information held about you by Amyris, subject to certain exceptions prescribed by law; and (vii) withdraw your consent you have provided to our use of your Personal Information. Where you withdraw your consent, we will stop using your data for the specific purpose, unless we have an alternative legal basis to use it.  Where applicable law allows, a small administrative fee may be requested for obtaining copies of Personal Information.  

Right to Object

In accordance with applicable law, where we are processing your Personal Information on the basis of our legitimate interests, you can ask us to stop processing it and we must do so unless we believe that we have an overriding legitimate reason to continue processing it or the processing is needed for the establishment, exercise or defense of legal claims.

These rights vary depending on where you reside and Amyris will make reasonable efforts to honor your request, even if your country or state does not require us to do so.  If you ask us to delete or stop using your personal information, we may not be able to honor that request if the information is required to process your payments or returns; fulfill your order; or comply with tax, audit, regulatory requirements or other exceptions prescribed by law. We will process such requests in accordance with applicable laws. To protect your privacy, where necessary, Amyris will take steps to verify your identity before fulfilling your request. To submit a request to access or delete your personal information, you may also contact us to make any requests related to your personal information at privacy@amyris.com.

California Privacy Notices

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Except as otherwise provided in this Privacy Policy, Amyris does not share Personal Information with third parties for their own marketing purposes.

Amyris does not sell personal information about its customers who reside in California or in any other jurisdiction. 

In addition, if you are a California resident under 18 years old and a registered user of the Store, you can request that we remove content or information that you have posted to our Store. Please note that responding to your request may not ensure complete or comprehensive removal from the Store (e.g., if the content or information has been reposted by another user). To request removal of content or information, please contact us at the email below.

Children

Our Store is not directed to individuals under the age of 13, or in certain jurisdictions, under 18 (“Children” or a “Child”), and we do not knowingly collect Personal Information from Children. If we become aware that we have inadvertently received Personal Information from a Child, we will delete such information from our records.


Links

Our Store may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. Please be aware that this Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. You access such third-party websites or content at your own risk. For example, if you share or post something on Facebook, Instagram, Twitter, or Pinterest, the information in your post is governed by the privacy policies on those social media websites, and may be used for platform optimization and reporting to Amyris. You should always read the Privacy Policy of a third-party website before providing any information to the website.

Account Deletion

If you no longer wish to be registered at Amyris.com, you may delete your Personal Information within your Account Settings. Once you submit your request, we will send an email to the email address linked to your Amyris account detailing our account deletion policy and requesting that you to confirm your deletion request. When your account is deleted, we may continue to store some Personal Information in archives, backups, and for our legitimate purposes as described in and consistent with this Privacy Policy, subject to applicable privacy laws, and as otherwise required to meet our legal obligations.

Safeguarding Your Personal Information

We maintain physical, technical, and administrative safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through our Store, we cannot and do not guarantee the security of any information you transmit on or through our Store, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

When you register for the Store, we ask you to set up a password that you can use to access your information. If you want to cancel your password or change it, or something happens to your password, click on “Sign In” from any page on our Store, so you can access, correct or update your choices and settings from within your account.

We use Secure Socket Layer (SSL) and/or Transport Layer Security (TLS) or similar industry standard technology to encrypt transmissions of sensitive information from your computer to our servers. However, when you communicate with customer service via email on our website, these communications may be handled via unsecured transmissions or by third party service providers. Please be aware that information provided (such as email address, payment information, etc.) may be accessible to others. For that reason, we ask that you protect yourself and not share sensitive information via these communication channels.


Data Retention

Amyris retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Store or as necessary to fulfill the purpose(s) for which it was collected, operate our Store, resolve disputes, establish legal defenses, prevent fraud, conduct audits, pursue legitimate business purposes, enforce our agreements (including our Terms of Service), and comply with applicable laws.

For further information about how long we retain your Personal Information, please contact us using the details provided in this Privacy Policy.

International Data Transfers

You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, Brazil, the United States, the European Union or other countries in order to provide and operate the Store. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. By using the Store, you are agreeing to the collection, use, transfer, and disclosure of your Personal Information, browsing information, and that communications will be governed by applicable laws in the United States. Use of the Brazilian Store (including the collection, use, transfer, and disclosure of your Personal Information, browsing information, and communications) will be governed by the laws of Brazil.  If you reside outside the United States, your consent to this Privacy Policy is an “opt-in” to the uses described herein and the potential transfer of information to our United States headquarters for the purpose of maintaining and improving our relationship together. 


Supervisory Authority

If you are in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.

Contact Us

If you have any questions about our privacy or security practices, or if you would like to request access to or correction of your Personal Information, you can contact us at privacy@amyris.com. You may also write to us at the following address:

Amyris, Inc.
Attn: Privacy Team
5885 Hollis St #100, Emeryville, CA 94608
Re: Amyris Privacy Policy

If we need, or are required, to contact you concerning any event that involves your Personal Information we may do so by e-mail, telephone, or mail, at the email or mail supplied by you when opening an account at the Store or if applicable, at the telephone number you may have provided when signing up to receive SMS messages.

Updates to the Privacy Policy

Amyris wants to offer you the best possible internet experience; consequently, additional functions, features, products, or services are incorporated into the Store from time to time.

This, and our commitment to protecting the privacy of your Personal Information, may result in periodic changes to this Privacy Policy. As a result, please remember to refer to this Privacy Policy regularly.

If we modify this Privacy Policy, we will post the revised Privacy Policy on the Store. We also may post a notice on this website or send an email describing the changes if the revised Privacy Policy changes in any material way. You should check the Store regularly to see if any recent changes to this Privacy Policy have occurred. Changes will go into effect on the last updated date shown in the Privacy Policy. By continuing to use our Store, you are agreeing to all updated versions of the Privacy Policy.