Pharmanex BioPhotonic Scanner - Privacy Notice

Pharmanex BioPhotonic Scanner - Privacy Notice

Japan
Korea

Overview

In this notice, we will tell you in detail how we use and share the personal information you provide us through the Pharmanex BioPhotonic Scanner (the “Scanner”), and explain your rights regarding how we use that personal information.

This notice applies to both our “Scanner Operators”, ie. Nu Skin Brand Affiliates[LS1]  duly authorized to scan customers and prospects, as well as to those customers and prospects being scanned.

Please note that any purchase of products on www.nuskin.com subsequent to using the Scanner will be subject to our standard Nu Skin Privacy Notice available that same website.

 

Who we are and how to contact us

Nu Skin is a direct selling company that distributes more than 200 premium-quality anti-aging products in both the personal care and nutritional supplements categories.

Nu Skin International Inc., controls the collection and processing of any Personal Information that you provide to us in relation to the Scanner. Nu Skin International Inc. has its registered office at 75 West Center, Provo, UT 84601, USA (Tel: +1 800 487 1000).

Nu Skin International Inc.'s representative in:

-          the European Union: is NSE Products Europe BV, having its registered office at The Corporate Village, Building Elsinore, Da Vincilaan 9, 1930 Zaventem, Belgium;

-          China: is Nu Skin (China) Daily-Use & Health Products Co., Ltd, having its registered office at 29th & first floor of 23th Building, Longyang Industry Zone, Fengxian District, Shanghai;

-          Indonesia: is PT Nusa Selaras Indonesia, having its registered office at Jl. Jend Gatot Subroto 44 Kuningan Barat. Area Gedung City Plaza, 10th Fl., Suite 1001-1002. Mampang Prapatan, Jakarta Selatan, DKI Jakarta, 12710, Indonesia;

-          Malaysia: is Nu Skin (Malaysia) Sdn. Bhd, having its business address at at Lot 2.5.1, Level 2, PNB Perdana (Commercial Center), No.10, Jalan Binjai, 50450 Kuala Lumpur.

-          South Korea: is Nu Skin Korea Ltd., having its registered office at Building Revessant, 86gil 6 Bongeunsaro, Gangnam-gu, Seoul, Korea;

-          Vietnam: is Nu Skin Enterprises Vietnam Limited Liability Company, having its registered office at 2nd Floor, 280 Nam Ky Khoi Nghia Street, Ward 8, District 3, Ho Chi Minh City, Vietnam.

Please contact the Privacy Team or our Data Protection Officer if you have any enquiry or question about this Privacy Notice (Data Protection Officer, 75 West Center Street, Provo, 84601 Utah, USA, +1(801)345-1505, DPOoffice@nuskin.com).

 

What the Scanner does

The Pharmanex BioPhotonic Scanner S3 is an instrument that quantifies carotenoid levels in the skin. It is not intended to be used for medical purposes. It is not a medical device or a medical diagnostic tool of any kind and is not intended to diagnose, treat, mitigate, cure, or prevent any disease or condition or to affect the structure or function of any part of the body.[LS2] 

The Scanner is not directly operated by Nu Skin, but by a Scanner Operator who is a Nu Skin Brand Affiliate[LS3]  leasing the Scanner from Nu Skin. The Scanner Operator is sole responsible to decide who to scan.

 

What personal information we collect, how we use it and on which legal basis

We collect your personal information (as defined below, “Personal Information”) only with your consent.

The Personal Information that the Scanner Operator will gather through the scan (incl. the scanner score) will be processed by Nu Skin International Inc. essentially for information research and statistics purposes. The results of those research and statistics are not made available to anyone, except in the aggregate and in an anonymous format. The Scanner Operator only has access to the Scanner Score and additional information you voluntarily chose to provide, as made available by Nu Skin International Inc. through the Scanner App. More information and details is available below.

By default, all scans may be performed on an anonymous basis (ie. without collecting any personal identifier such as your name or email address) at your choice unless you choose to provide your contact information to allow the Scanner Operator and Nu Skin to track your progress through time (ie. how your Scanner score evolves from one scan to the other). Your contact information will then be stored together with your Scanner score and any additional information you choose to provide to us.

Depending on the answers you choose to provide, we may collect the following categories of Personal Information:

What categories of Personal Information we collect

What do we do with it

What is our legal basis

Contact information: such as your name and email

To send you your Scanner score, as well as to be able to keep track of your scores through time

Your consent, or your explicit consent where required by law

To provide news and information services including email briefings and newsletters regarding the Scanner

To create and manage your Scanner account and to process your in-app purchases of scanner credits (where available), and to provide customer care and support to you (for Scanner Operators only)

To fulfil our contract with you

Biographical information: such as your gender, age and location

For information research and statistics purposes, as well as for use in our dynamic comparison tool (this data is only used in the aggregate)

Your consent, or your explicit consent where required by law

Lifestyle information: such as your smoking habits, sun exposure, food supplements/ fruit/ vegetable intake

Biographical information: your photograph

For follow-up purposes and to be able to identity you

Health-related information: such as your height and weight, BMI

For information research and statistics purposes, as well as for use in our dynamic comparison tool (this data is only used in the aggregate)

Your explicit consent

Ethnicity-related information: such as your Ethnic origin

Health-related information: your carotenoid score (including the time and date of the scan)

To provide you with an estimation of your carotenoid levels

To allow you to qualify for our Money-Back Guarantee program (only in those markets where such program is available)

IT-related information: such as your browser type, operating system and (where available) your IP address (for Scanner Operators only)

To collect insights into how you interact with our service so that we improve our App, as well as for IT security and system diagnostic purposes; to ensure your data security is maintained, and our systems kept up to date to continue servicing you

Our legitimate interest, or your consent where required by law

Sharing and Transferring your Personal Information

We do not share or transfer your Personal Information with any third party, except as follows:

-          Your Scanner Operator: your Scanner Operator has access to your Personal Information through their online Scanner App. By default, all scans may be performed anonymously, unless you choose to provide your contact information which will enable the Scanner Operator (and Nu Skin) to connect your Scanner score and other Personal Information to you.

-          Nu Skin’s affiliates:

o   we may provide your contact information and Scanner score to our local affiliated companies if you want to qualify to our money-back guarantee program, only in those markets where such program is available. This money-back guarantee is based on the improvement of your Scanner score through time and is offered by the Nu Skin’s local affiliates. The local affiliate will act as Data Controller for the processing of your personal information within the framework of the money-back guarantee. Please review our standard Nu Skin Privacy Notice for more information in that respect.

o   in addition, if you are a Scanner Operator and purchase scan credits through the Scanner App (in markets where such functionality is available), we will provide your online purchase information to your local Nu Skin affiliate to process the transaction. The local affiliate will act as Data Controller for the processing of your personal information for the purchase of scan credits. Please review our standard Nu Skin Privacy Notice for more information in that respect.

Please note that in no event do we sell your Personal Information to third parties; and in the past 12 months, we have not sold your Personal Information to any other entity.

 

Where is your Personal Information processed

Your Personal Information is processed and stored on servers located in the United States. We have implemented safeguard mechanisms and other appropriate solutions to address cross-border transfers as required or permitted by applicable laws. Please review our standard Nu Skin Privacy Notice for more information in that respect.

 

How we protect your Personal Information

We protect your Personal Information and implement reasonable security including physical (e.g. secured filing cabinets), technical and organizational security measures appropriate to protect your Personal Information against unauthorized or unlawful processing and against any accidental loss, destruction, or damage.

In particular, we operate data networks protected by industry standard firewall and password protection systems. We also use transport layer security (TLS) to protect the transmission of your Personal Information. Access to this information will be provided only to authorized individuals for legitimate business purpose.

In addition, access to your Personal Information is restricted to staff on a need-to-know basis.

 

How long do we keep your Personal Information

Your Personal Information is stored in the Scanner Operator’s scanner App for 1 year, after which it is automatically deleted.

Your Personal Information is also stored on Nu Skin’s servers for a maximum of 10 years, after which it is automatically deleted or fully anonymized. This is without prejudice to your rights below. Any anonymized data is only kept for statistical and study purposes.

 

What are your rights regarding your Personal Information

You have certain rights regarding how we use and keep your Personal Information. In particular, you have the right to:

-          request that we delete or destroy Personal Information that we process about you, subject to certain exceptions, for instance, where we need to keep your Personal Information to comply with a legal obligation;

-          require that any incomplete or inaccurate Personal Information that we process about you is amended;

-          withdraw your consent at any time, where the processing of your Personal Information is based on such consent;

-          access and request a copy of the Personal Information we are processing about you, subject to certain exceptions at a reasonable fee where legally permissible.

You can exercise the above rights, where applicable by contacting the Privacy Team or by using our online tool in the markets where such tool is available. California residents can also call the following toll-free number: 800-487-1000.

We will respond to any of your requests to exercise these above data subject rights within the period prescribed by applicable laws. At our discretion, we may require you to prove your identity before providing the requested information. This is to ensure that your Personal Information is disclosed only to you. We may not be able to appropriately handle your request if you decide not to provide us with the Personal Information that we need to handle your request. If you are not satisfied with the way we handled your request, or for violations of applicable data protection laws, you may lodge a complaint or file a claim with a competent Supervisory Authority (for example, with the Supervisory Authority in your country or market of residence).

We are committed to providing you control over your Personal Information. If you exercise any of these rights explained in this section of the Privacy Notice, we will not disadvantage you. You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services

 

Changes to the Privacy Notice

We may update this Privacy Notice from time to time. We will notify you of any significant changes by posting those changes here; by notifying you through other appropriate communication channels we generally use with you; or other ways as required by applicable laws. Any changes to this Privacy Notice will be considered effective immediately after the changes are posted on this Website unless otherwise indicated. If you do not agree to the changes, you can stop using our services. 

The Privacy Notice was last revised on September 8, 2020.

 [LS1]Brand Partner in China

 [LS2]This section needs to be amended for Japan and South Korea

 [LS3] [LS3]Brand Partner in China