Skin Reader Notice
Instant Skin Reader Information Notice
Kiehl’s, part of L’Oréal USA, Inc., has instituted the following Information Notice related to any personal information that Kiehl’s may obtain, possess, use, process, transfer, or store about you (“You”) as a result of Your use of Instant Skin Reader. For further information about Kiehl’s privacy practices as they relate to this service or other personal information Kiehl’s collects about You when You use our website or other Kiehl’s services, please review Kiehl’s Privacy Policy.
Purpose
The purpose of the collection, storage, processing, and use of personal information for Instant Skin Reader is to provide You with a meaningful, efficient way to evaluate products for potential purchase and use. When You use Kiehl’s Instant Skin Reader, Kiehl’s collects and processes certain data, see “How It Works,” infra, in order to deliver a better beauty experience to You. Kiehl’s may use information about You to communicate with You about Kiehl’s beauty products and services; answer questions; create better experiences; provide tailored advertising, content, services, recommendations, and communications; fulfill product purchases and process payments; analyze use of Kiehl’s products and services, without any associated personal identification information of users, so as to improve effectiveness of Kiehl’s Site, customer service, and offerings, including improvement of the virtual Instant Skin Reader tool and underlying algorithm; conduct research, including high-level analytics without associated personal identification information; to comply with applicable laws or legal obligations; and TO ENFORCE THE Terms of Use, which additionally govern and apply to Your use of Instant Skin Reader.
How It Works
In order to use Instant Skin Reader, You must upload an image or photograph of Yourself (a/k/a, a “selfie”). Your photograph will be transmitted from Your device to a central cloud-based hub, where it is analyzed. Kiehl’s will use an algorithm to analyze the selfie to detect face landmarks to localize the region around key facial features (i.e., outline of eyes, lower part of nose, outline of lips, etc.). This information is used for visualization (e.g., present skin concern zones on the selfie) and to provide You with the requested service. It is not used to identify or verify the identity of any individual.
Kiehl’s will use an additional and separate algorithm to analyze the selfie to calculate age, ethnicity, and assess signs of skin aging using multiple dimensions (e.g., location of wrinkles, redness, microvessels, cheek pores, pigmentation around eyes, UV damage, ptosis of lower face, density of pigmentation, etc.). The algorithm predicts ethnicity and age to provide you with more accurate results. For example, some signs of skin ageing are not analyzed depending on age, gender, and/or ethnicity, while detected age, gender, and/or ethnicity may impact calculated results. This information is used to calculate skin concerns (e.g., blotchiness, lack of radiance, size of pores, pigmentation, fine lines, firmness, depth of wrinkles, UV damage), which are used to provide you with results.
Based on results of the foregoing and the information you provide, such as gender, age, skin type, skin concerns, and skin priorities, you will be provided with your skin results. Results may include information such as skin radiance, even tone, pore quality, pigmentation, firmness, fine lines, and wrinkles; a comparison to people within your age range and/or skin quality; and a suggested skincare routine.
Your Consent For Collection and Use of Your Personal Information
When You use Instant Skin Reader, you specifically consent that:
- Kiehl’s is collecting, capturing, possessing, storing, or obtaining the picture You provide, and data obtained or created from Your picture (including the automated recognition of various facial landmarks), that might qualify as biometric data, biometric information, or a biometric identifier under various laws.
- Kiehl’s may share, disclose, or disseminate information about You with any other affiliated company or brand (including its parent and subsidiaries) as well as its service providers.
- Kiehl’s will store personal information about You as described in our Privacy Policy, which will be retained subject to limitations in our Privacy Policy.
YOU UNDERSTAND THAT YOUR CONSENT TO THIS INFORMATION NOTICE IS A PREREQUISITE TO USE OF INSTANT SKIN READER.
Kiehl’s Instant Skin Reader Information Notice coexists with, supplements, and does not supplant, obviate, replace, or otherwise supersede or suspend any other policy applicable to Your use of Kiehl’s website and Instant Skin Reader, including the Terms of Use and Privacy Policy.
Kiehl’s Instant Skin Reader Information Notice is subject to periodic updating, including to the extent that Kiehl’s begins collecting personal information for any other purposes not specified herein. Kiehl’s reserves the right to amend this policy at any time, which amendments will further apply to Your use of Instant Skin Reader subsequent to their enactment. Data Retention
Kiehl’s only briefly stores your selfie. Once the information is returned to You, Your selfie is deleted from the central cloud-based hub (generally within a matter of seconds of completion of the analysis).
The coordinates of facial landmarks, information you provide (gender, age, skin type, skin concerns, etc.), measurements made by the algorithm(s), calculations made from such measurements (i.e., skin concerns), the results from the analysis provided to You, and all recommendations provided to You are stored in the central cloud hub to help Kiehl’s and its affiliates (including its parent and subsidiaries) improve its products and its users’ experiences. This data will be stored only as long as needed for Kiehl’s and its affiliates’ (including its parent and subsidiaries) business purposes and in any event, no longer than 3 years after our last interaction with You.
Email Marketing
If You voluntarily provide Kiehl’s with Your name and contact information (‘contact information’), or You sign up to receive promotional messages from Kiehl’s, any information you provide while using Instant Skin Reader (i.e., skin type, skin sensitivities, skin concerns, age), the results of the analysis (i.e., calculated age, calculated skin concerns), the skin report shown to You (i.e., skin analysis on key skin attributes), and all recommendations will be stored within Your profile at Kiehl’s. If you provide Kiehl’s with Your name and contact information, the information listed will be retained by Kiehl’s in accordance with Kiehl’s record retention and Privacy Policy and in accordance with applicable law. For residents of Illinois, we will only store information derived from the analysis of Your selfie (i.e., Your skin results) as long as needed by Kiehl’s and in any event no longer than 3 years from the date of our last interaction with You.
Right to Delete
Depending on your location, You may have the right under the law of your state of residence to request deletion of, data about you at any time. In order to so indicate, You shall submit the request using the methods outlined in Kiehl’s Privacy Policy.
If You request deletion of data about you, You understand and acknowledge that Kiehl’s will keep a log of Your doing so, which log will include information such as Your name, date of request, manner of request, and date of fulfillment:
PLEASE NOTE that should You request deletion of data about You at a time when Kiehl’s is compelled by law or order of court of competent jurisdiction to maintain such data, Kiehl’s will not immediately comply with Your deletion request. We may also deny a deletion request where otherwise permitted to do so by applicable law.
Data Storage
Kiehl’s uses a reasonable standard of care to store, transmit, and protect from disclosure any data used in Instant Skin Reader consistent with the sensitivity of the data. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.
Disclosure
Kiehl’s may share, disclose, or disseminate personal information with any other affiliated company or brand. Kiehl’s will also disclose personal information to Kiehl’s service providers who help Kiehl’s provide You with services. Kiehl’s may disclose information in connection with the sale or purchase of our assets, or in connection with any bankruptcy or reorganization proceeding. Kiehl’s may also disclose personal information to comply with federal or state law, local law, municipal ordinance, or court order, including in connection with a validly issued warrant or subpoena (or other legal process); to verify or enforce our Terms of Use or other applicable policies, to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Sites, or the public.
For more information on Kiehl’s disclosure practices, or for additional information about rights available to you, please visit our Privacy Policy.
