TextureMedia Inc.

Privacy Policy

TextureMedia, Inc. (“TextureMedia,“ "we," “us,” or "our") respects the privacy rights of online visitors to its network of websites and services (the "TextureMedia Network"), and is committed to providing you with a secure online environment. We have created this Privacy Policy ("Privacy Policy") to let you know how we collect, store, and use the information you provide us online. This Privacy Policy covers websites in the TextureMedia Network including NaturallyCurly.com, CurlMart.com, CurlStylist.com, CurlyNikki.com, and TextureOnlyOffers.com. Please read it carefully. This Privacy Policy will also instruct you on how you can verify the accuracy, and control certain uses, of the information you provide to us on the TextureMedia Network. By accessing the TextureMedia Network, you agree to be bound by the Privacy Policy.

This Privacy Policy may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the bottom of this Policy) and review any changes since the last version. If at any time you do not agree to the terms of this Privacy Policy, please do not use the TextureMedia Network. Your continued use of the TextureMedia Network constitutes your agreement to this Privacy Policy. Please remember that this Privacy Policy applies only to information collected by the TextureMedia Network. We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board, blog, etc.) or for the privacy practices of websites that are operated or owned by third parties. Canadian residents, please note: Since our offices are located in the State of Texas, United States of America, personal information that you provide to us will be stored on servers in the U.S. You agree that by providing us with your personal information, your personal information may be subject to access requests from, and may be disclosed to, governments, courts or law enforcement in the U.S. in complying with U.S. laws, regulations and court orders.

WHAT INFORMATION DOES THE TEXTUREMEDIA NETWORK COLLECT?

We collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information

Personally identifiable information is information that identifies you or can be used to identify or contact you ("Personally Identifiable Information").

When you visit the TextureMedia Network, you may be asked to provide certain Personally Identifiable Information about yourself on a voluntary basis such as when you: (i) register with us, (ii) purchase a Texture Only Offer, (iii) shop at our CurlMart.com online store, (iv) participate as a Curl Ambassador or in contests, events or promotions, (v) sign up via e-mail for our newsletters or to communicate with us, or (vi) fill out online surveys. The requested information may include personal information such as your name, e-mail address, telephone number, and home address. For some activities, we may also ask you to create a password and to provide demographic information such as your birth date, zip code, and hair type. If demographic information is collected for an activity that also requires personal information, we may combine the demographic information with your personal information. This allows us to tailor the notices we send you and the content we provide you according to your preferences and interests.

We want to reiterate that you do not have to provide us with any Personally Identifiable Information to visit the TextureMedia Network. However, if you choose to withhold requested information, you may not be able to use all of the capabilities in the Network, such as purchasing goods and services through TextureOnlyOffers.com or CurlMart.com or posting a user blog or product review on the Network.

Registration

If you wish to register with on the TextureMedia Network, you may be asked to supply personal information such as your full name and e-mail address. We may also ask you to provide demographic information such as your birth date, the zip code and state in which you live, and information about your hair type. TextureMedia uses such information to periodically contact you with product information news, special offers and relevant announcements (including service announcements) and to provide other exclusive benefits to those who register on the Network.

CurlMart Online Store

Visitors purchasing a Texture Only Offer or goods and services through CurlMart will need to provide a valid credit card number and expiration date, in addition to name, mailing address, phone number and e-mail address.

Promotions/Contests

To participate in some of our contests, you may be asked to provide an e-mail address or user name, so that we can let you know if you won a prize. For other contests, we may request your name and home address in order to send you products or information by regular mail. All contests on the TextureMedia Network are administered by TextureMedia unless offered by a sponsor in which case you give us your permission to share relevant information with that sponsor. In the same manner, if you opt-in to receive information regarding a promotion, you give us your permission to share your name, e-mail address, hair type, and location with the third party offering the promotion.

Email

If you sign up for our email newsletter, we use your e-mail address to contact you regarding administrative notices, new product offerings and communications relevant to your use of the site. We will not send you promotions or announcements unless you give us permission to do so.

Blogs and Reviews

If you wish to post a user blog or a product review, you will need to register on the TextureMedia Network. During that process, you will be asked to supply personal information such as your full name and e-mail address as well as to select a user name. These are discussed further below under Public Forums.

Online Polls

We may offer online polls to interact with visitors to the TextureMedia Network. You do not need to be a registered user to submit a response to a poll. However, information collected through a poll is anonymous; we cannot identify who is submitting a response or tie it to other personally identifiable information a user may have provided us through another means.

Non-Personally Identifiable Information

Some of the information that we collect as described above cannot be used by itself to identify or contact you, such as demographic information (like age or gender) and hair type ("Non-Personally Identifiable Information"). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the TextureMedia Network and other websites linked to the TextureMedia Network, such as the domain name of the Web site from which you linked to the Network. Non-Personally Identifiable Information is used to help us understand who uses the TextureMedia Network and to improve and market the Sites.

WHO IS COLLECTING MY INFORMATION AND HOW WILL IT BE USED?

TextureMedia collects the personal information you provide on the TextureMedia Network. We use Personally Identifiable Information as described above. We also use your Personally Identifiable Information for our internal marketing and demographic studies, so we can constantly improve the products and services we provide you and can better meet your needs.

We use Non-Personally Identifiable Information to help administer the TextureMedia Network. Non-Personally Identifiable Information may also be used to provide information about the TextureMedia Network to potential business partners and other unaffiliated entities. In addition, the demographic information (for example, age and zip code) you provide us may be disclosed in aggregate to third parties. However, this aggregate demographic information cannot be used to personally identify you or your computer.

We specifically share Non-Personally Identifiable Information about your activity on the TextureMedia Network to Lotame Solutions, Inc. (“Lotame”) for the purpose of tailoring, analyzing, and reporting on advertising you see. Lotame may use cookies, web beacons, and/or other technologies to tailor the ads you see on the TextureMedia Network. For more information about the Non-Personally Identifiable Information that is collected and used by Lotame, or to opt-out of Lotame’s use of this information, please see Lotame’s privacy policy at www.lotame.com/privacy.

As stated earlier, Non-Personally Identifiable Information does not identify you individually. However, when Non-Personally Identifiable Information and Personally Identifiable Information are combined, we refer to this as Personally Identifiable Information and the combined information will be treated by TextureMedia as Personally Identifiable Information under this Agreement as long as it is so combined.

WITH WHOM DOES TEXTUREMEDIA SHARE MY PERSONALLY IDENTIFIABLE INFORMATION?

TextureMedia shares Personally Identifiable Information as described above. From time to time, TextureMedia may also employ and share users’ Personally Identifiable Information with entities who use it solely to provide support for the internal operations of the TextureMedia Network (for example, online product fulfillment, online registration and email services, or technical support). These entities will not use your personal information for any other purpose, and have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from us.

We may disclose Personally Identifiable Information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, actual or alleged intellectual property infringement, or other activity that is illegal or may expose you or us to legal liability.

Except as specifically noted in this Policy, TextureMedia does not sell, rent, or otherwise disclose Personally Identifiable Information collected from and about its users to third parties for promotional purposes. However, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, TextureMedia’s user information may be transferred to TextureMedia’s successor or assign, if permitted by and done in accordance with applicable law.

COOKIES AND CLEAR GIFS

TextureMedia uses cookies and clear GIFs to enhance your experience at our Sites. These cookies and clear GIFs let us know how many people are coming to individual sites, how frequently, and how they are using the Sites, allowing us to make updates to content and improve navigation as appropriate.

Cookies are pieces of information that we place on your computer to help us accurately understand how many consumers are visiting a particular site, how often they visit that site, what content they are most interested in, and how they prefer to shop for our products. For example, a cookie will allow us to remember certain things based on your Internet Protocol or "IP" address (an IP address is the string of numbers that identifies each sender or receiver of information that is sent across the Internet), such as your login information, the time and duration of your visits, how you navigated through our content and where you exited a particular site. To save you the time of re-entering your login information every time you come back to our Web sites, TextureMedia may link information contained in a cookie to your email address. We do not use cookies to retrieve information from your computer that we did not originally send in a cookie.

Clear GIFs, sometimes called "Web bugs," are file objects, usually a graphic image such as a transparent one pixel-by-one pixel GIF (Graphics Interchange Format, one of the two most common file formats for images on the Web), that are placed on a Web page or in an e-mail message to monitor user behavior. The GIF tells us the IP address of the computer that fetched our page, the URL of the page the GIF is on, the time the page was viewed, the type of browser used, and can tell us a previously set cookie value. This anonymous information is returned by the clear GIF to TextureMedia and we use this information to accurately count visitors across the TextureMedia Network and understand how they navigate and use the Network. TextureMedia does not combine information gathered through clear GIFs with your Personally Identifiable Information.

LOG FILES

Other information passively collected by TextureMedia is in the form of logs – files that record website activity and gather statistics about web users' browsing habits. These entries are generated anonymously, and help TextureMedia determine (among other things) how many and how often users have visited the TextureMedia Network, which pages they've visited, and other similar data. We also use the log file entries for our internal marketing and demographic studies, so we can constantly improve the online services we provide you. Log files are used internally only, and are not associated with any particular user, computer, or browser.

LINKING TO THIRD PARTY SITES

To provide relevant information not found on the TextureMedia Network, to facilitate online shopping, and to allow you to interact with other Web sites on which you may have accounts (such as Facebook and other social media sites), TextureMedia may provide links or embed third-party applications that allow login from our websites to third party websites. TextureMedia will notify users when they are leaving the TextureMedia Network or otherwise indicate that you will be going to a third-party’s site. Your use of these websites or applications is subject to the third parties’ privacy policies, and we encourage you to read the third party sites' privacy policies before submitting personal or other information or using the applications.

OPT-OUT

If you do not want TextureMedia to send you e-mail or otherwise contact you about our products or services, you can opt-out at the time of registration or at the time of information collection. If you are receiving e-mails and at a later date you choose to opt-out and have your name removed from TextureMedia’s e-mailing list, you can do so by using the “unsubscribe” link included with a TextureMedia e-mail.

Please note that “welcome” and service e-mail communications are not promotional in nature and, therefore, an opt-out is not provided. These are simply to notify the user of a service they recently signed up for or to notify the user of website issues.

PUBLIC FORUMS

From time to time you may be able to participate in certain activities on the TextureMedia Network, such as chat rooms or bulletin boards, which will allow you the opportunity to communicate with TextureMedia or other users of theTextureMedia Network. Unless otherwise noted, these activities are generally accessible to all users of theTextureMedia Network and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums and when publishing any Personally Identifiable Information in these forums. You acknowledge and agree thatTextureMedia does not review, censor, or in any manner control the content of these forums and consequentlyTextureMedia has no liability or responsibility whatsoever for information made available through these forums and that you will be liable to TextureMedia for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to TextureMedia’s Terms of Use and to our Ground Rules.

SAFEGUARDING YOUR PERSONAL INFORMATION

TextureMedia will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes, and we employ reasonable and current methods to ensure the security and integrity of any information you provide to us. Any information provided to TextureMedia on the TextureMedia Network is housed in a secure datacenter, and sensitive information such as credit card numbers are secured using SSL encryption. Your account information and profile are password-protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Remember to sign out of your account and close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it.

Whenever you voluntarily disclose personal information online – for example on message boards, through e-mail or in chat areas – that information can be collected and used by others.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security.

CHILDREN

TextureMedia is concerned about the safety of children when they use the Internet. However, the TextureMedia Network are neither directed nor targeted to children under 13 years old. Consistent with the Children's Online Privacy Protection Act of 1998, TextureMedia has no intention to knowingly collect any Personally Identifiable Information from individuals under the age of 13 years. If TextureMedia learns that a child under the age of 13 years has provided Personally Identifiable Information to the TextureMedia Network without verifiable parental consent, TextureMedia will use commercially reasonable efforts to delete such information from its databases. If you believe your child, who is under 13, has submitted Personally Identifiable Information to the TextureMedia Network, please contact us via one of the methods described on our Contact Us page. We strongly encourage parents to monitor their children's use of the Web.

REVIEW, UPDATE AND REMOVAL OF PERSONAL INFORMATION

If you have registered with the Site, you may at any time review and update the contact information we have for you or inform us that you want us to remove your information from our database by either visiting the online profile section of one of our sites or contacting us by clicking here. Your account can be deleted or deactivated, but doing so will result in your not being able to access member services.

AMENDMENTS TO THIS PRIVACY POLICY

PLEASE NOTE THAT WE MAY CHANGE OUR PRIVACY POLICY FROM TIME TO TIME TO CONFORM TO CHANGES IN THE LAW OR FOR OTHER REASONS, WHICH WE RESERVE THE RIGHT TO DO WITHOUT YOUR CONSENT AND SUCH REVISED POLICY WILL BE APPLICABLE AT THE TIME IT IS POSTED ON THE TEXTUREMEDIA NETWORK. Your continued use of the TextureMedia Network following the posting of changes to this Privacy Policy means you accept the changes.

INQUIRIES

TextureMedia welcomes your feedback, questions, comments and concerns regarding your use of the TextureMedia Network and any third party websites linked to the TextureMedia Network. Inquiries regarding the TextureMedia Network may be made by contacting us via one of the methods described on our Contact Us page, or send a letter to TextureMedia, Inc., 6604 North Lamar Blvd, Austin, Texas 78752. You can also send us your feedback on any third party sites linked to the TextureMedia Network.

Last modified as of March 19, 2012