Policies

Last updated May 1st, 2022

Online Purchases & Returns :

Online and Unused Arch products or purchases may be returned within 10 days of receiving in the original packaging with receipt for in-store credit only with the return shipping paid for by the requestor of the return. If the product or packaging is damaged, used or tampered with upon arrival to the store it's returned to, store credit will not be applied or accepted as applicable to the condition of the product(s) returned. All returns will be remedied by the store manager that the product(s) were shipped out from and based on availability of the exchange or product(s) desired.

This privacy policy applies to your use of the website located at www.archapothecary.com and any other online and mobile websites, blogs and mobile applications operated by Arch Cosmetics, Inc on behalf of itself and its affiliates (collectively, for purposes of this privacy policy, “Company”, "we" or "us") that are related to www.archapothecary.com (collectively, the “Site”) (unless a different policy is provided on a particular site or application, in which case such different policy shall control). Company operates the Site and has created this privacy policy to inform you what information we collect on the Site, how we use your information and the choices you have about the way your information is collected and used. Please read this privacy policy carefully. Your use of the Site indicates that you have read and accepted our privacy practices, as outlined in this privacy policy. In addition, please read our terms of use, which also govern your use of this Site. Please be advised that the practices described in this privacy policy apply to information gathered by us or our subsidiaries, affiliates or agents: (i) through this Site, (ii) where applicable, through our customer service department in connection with this Site, (iii) through our free-standing retail stores, and (iv) through sweepstakes and other promotional programs.

Notice to California residents / your California privacy rights: California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2014 will receive information about 2013 sharing activities). As set forth in this privacy policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected]. You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message. Please see the "your choices" section of this privacy policy for additional information.

http://www.networkadvertising.org/choices/.

Gift Card Policy: All gift card sales are final

Personally identifiable information: Personally identifiable information ("pii") is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). For example, when you create an account with us, your account information is stored on this Site’s server. We may also ask you to provide us with certain pii in connection with the use of the Site, in connection with the services provided by our customer service department, in connection with a brick and mortar transaction (except where prohibited by law) or in connection with an off-line promotion or sweepstakes. For example, we may ask you to provide certain pii when you register with us, place an order on the Site, choose to sign up for an email newsletter, or participate in a promotional event. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. This information also may be used to contact you about sales, special offers and new website features, unless you have opted not to receive promotional communications in connection with this Site. We may also ask you to provide us with demographic information, information regarding your interests or similar information. Providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site’s features. We do not collect pii through third party advertisements on our Site and the pii we collect is not sold to third parties.

Browser Cookies: Like many websites, we may use browser “cookies”. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Site. Also, we will use cookies to monitor and maintain information about your use of this Site. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools > Internet > Options > Browsing History > Delete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site.

Flash Cookies: Our Site may enable the use of the Adobe Flash player. Adobe’s Flash player is used by many websites that offer video and other interactive content. By default, your use of the Adobe Flash player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about flash cookies in its end user license agreement, stating “use of the web players, specifically the flash player, will enable the software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the flash player.” The Adobe Flash player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash player management tools directly through the settings manager for adobe flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any space on your computer or device, you may not be able to take advantage of or participate in certain features on the Site. As of the “last updated” date of this privacy policy, users with a computer running the windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. And users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension. To the extent the Google Display Network does not allow flash cookies to be used for behavioral advertising, ad delivery, or multi-site advertising, Company conforms to that.

Use of Web Beacons: Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Site and our marketing campaigns.

Use of IP Addresses: An IP address is a number that is assigned to your computer or network when you are linked to the internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the pii you provide.

Opting out of the use of tracking mechanisms that retain pii.

We do not knowingly sell or ship any items ordered through this Site directly to anyone who we know to be under the age of 13, nor do we collect any pii from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this Site only with the involvement of a parent or guardian and should not submit any pii to us. If we discover that a person under the age of 13 has provided Company with pii, Company will use commercially reasonable efforts to delete such person's pii from its system.

Use by Company: we may use your pii to provide you with requested information, services or content, to contact you in connection with a promotion, or for other purposes disclosed when you provide the information. We may also contact you from time to time on behalf of one of our affiliated companies or an external business partner with information that may be of interest to you. We may also contact you regarding any problems or questions we have relating to your use of our Site, or, in our discretion, notify you of changes to our privacy policy, terms of use or other policy or terms that affect you and your use of our Site. We may also use information about our users, including pii, for internal purposes.

We may provide information to select outside companies when we believe their products or services may be of interest to you. If you opt in to receive communications from a third party, your information will be subject to the third party's privacy policy and not this privacy policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. In addition, Company may share your pii with third parties under the following circumstances:

Third Parties Providing Services On Our Behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) Site evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. These third parties may have access to this Site's user information, including pii, to the extent it is needed to perform their duties and functions.

Company's Security: We may release information about our users, including pii, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Company or any of our respective affiliates, business partners, customers or others.

Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.

Promotions: If you choose to enter a contest, sweepstakes or promotion, your pii may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your pii or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the pii that you submit.

Corporate Change: In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation pii, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company's assets, or other fundamental corporate change, whatever form it may take. You will be notified via email or prominent notice on our Site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of personally identifiable information collected pursuant to this privacy policy from this web site, off-line or otherwise, to the buyer of that portion of its business relating to that information.

We use a security protocol that is common in the industry for encrypting sensitive information and personal information that we collect. If you place an order through this Site, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to help protect your personal information further, you should be careful about providing your password to others. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact our customer service department by email at [email protected].

COMMUNITY FEATURES

In consideration for your use of the Site's community features and functionality, you agree to (i) comply with the "community guidelines" set forth below. Users who violate the community guidelines, may, at Company's sole discretion, be permanently banned from using the Site.

Entering any community feature will constitute acceptance of the community guidelines. If you do not agree to abide by the community guidelines, please do not enter any community features.

• Participate in any part of the Site if you are under the age of 18.

• Impersonate other users.

• Advertise or promote other companies or URLs.

• Include advertising in communications.

• Include advanced fonts, JAVA, tables, HTML, or other programming codes or commands in messages.

• Collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).

You agree to indemnify Company for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any community content to any community feature or submitting any community content to Company, or your failure to comply with the community guidelines. Company does not and cannot review every message posted by users on the Site, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Site. Company reserves the right to, but is not obligated to, delete, move or edit community content, in whole or in part, submitted by you to the Site and/or Company for any reason. In no event does Company assume any obligation to monitor the community features or remove any specific material.

If you are a copyright owner and believe that any community content appearing on the Site or in any community feature has been copied in a way that infringes upon your copyrights, you may submit a notification to Company pursuant to the digital millennium copyright act ("DMCA") by providing the following information in writing (see 17 u.s.c. 512(c)(3) for further detail) to the copyright agent named below:

• A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

1359 N. Wells St., Chicago, IL 60610, ATTN: Legal Dept., Arch Apothecary Inc,

HOW CAN I ACCESS, CORRECT AND UPDATE PERSONAL INFORMATION?

You will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. Additionally you may email us at [email protected] or write to us at Arch Apothecary attn: customer service, 1359 N. Wells St, Chicago, IL 60610. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

If you want to opt out of having your pii shared with third parties for marketing purposes, you must consistently opt-out at each of our Sites where you register and whenever you provide pii to us. Please bear in mind that this opt-out choice for "third parties" will not apply to Company, Company licensees and/or co-branding participants, as set forth below. Please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) Company uses your pii for either operational purposes (e.g. to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our Sites, including any future changes to this privacy policy, the terms of use, or any other policy or terms that affect you and your use of our Site) or fulfillment purposes (e.g. sharing with companies that facilitate communications and transactions with you).

WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?

Please be aware that when you are navigating our Site or viewing an email or other content provided by Company, you may have the opportunity to click on links that take you outside of Company’s service to other websites or online content that are beyond Company’s control. If you " click on the link to such a third party takes you website or online content. we have no control over and are not responsible for content of any websites which navigate. please be advised that practices described in this privacy policy do apply information gathered through these other websites. encourage aware when leave site read policies each every visit.

If you have accessed this Site through a link from certain of our advertising or marketing partners, this Site may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed web pages is collected by us, and our use of this information is governed by this privacy policy.

WHAT ABOUT ONLINE SURVEYS?

We may from time to time conduct on-line surveys. When you complete an online survey, we may ask for certain information including your age, zip code, shopping habits, email and/or mailing address. This information will be treated in accordance with this privacy policy.

COLLECTION IN AND TRANSFER TO THE UNITED STATES

This Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be collected in or transferred to the United States. By using our Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

SHARING PAGES WITH FRIENDS

The Site may offer you the possibility to connect your accounts from third party social media sites, such as Facebook and Twitter, through an application programming interface (API) or other software. By allowing the Site to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include pii. You likewise consent to our publishing on the Site any such information or actions you take on such third party sites. Additionally, you understand that by accessing the Site via your social media account, activity you engage in through the Site may be published on the third party site. It is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from company

CHOICE OF LAW

This privacy policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of New York, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

ARBITRATION

By using this Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of company and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Chicago, Illinois; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this privacy policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable company entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any company entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.