Privacy Policy

Updated October 28, 2020
At Tarte, Inc. ("Tarte," "us," "our," and "we") we are committed to protecting your privacy. We firmly believe that electronic security and privacy are necessary for the continued success of the Internet. In support of this, we only use the personally identifiable information (personal information or personal data) that you provide in accordance with the terms outlined below.

This Privacy Policy covers any personal information we obtain when you visit us, use our services, or access the features on the websites that Tarte owns or controls (today or in the future), including www.tarte.com and www.tartecosmetics.com (the "Sites"). You can access the Sites in many ways, including from a computer or mobile phone, and this Privacy Policy will apply regardless of the means of access. This Privacy Policy also governs the use of personal information we obtain from you from any third party site or application where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, Instagram, YouTube, Pinterest, and Google+ (Third Party Sites). Tarte cannot control the privacy policies or practices of Third Party Sites or of companies Tarte does not own or control, and cannot control the actions of people Tarte does not employ or manage. You should always check the privacy policies of Third Party Sites and your privacy settings.

personal information we collect

As permitted by law, we collect personal data that may include the following:

name;

date of birth;

contact information, such as name, postal address, email address and telephone number;

other personal information you provide to us on our website and other data collected automatically through the website; and

financial account and payment card information.

how we collect your personal information

You have many ways to provide information to Tarte. These include:

Account creation information. You can create a personal shopping account with Tarte. This account will allow you to shop faster and easier, and to check on order status and history. By creating an account, you will also become a member of Tarte's loyalty program. In creating this account, you authorize Tarte to store your name, birthday, email address, telephone number and shipping and billing addresses. You should keep your account information current and complete. Please see our Terms and Conditions regarding how you can update or correct the information associated with your account. Your account will have a password that you will create. You may not use another person's account or password without their permission and you should protect the confidentiality of your account and password information by logging out of your account at the end of each shopping session.

Mailing list information. You can be added to the Tarte mailing list upon request; subscriptions to the mailing list can be cancelled at any time.

Support information. You can engage in a live chat with a Tarte customer service representative during which you may provide certain information as required to assist you with your questions. Additionally, when you submit a request, review or comment to our customer service department or participate in any interactive services Tarte offers (today or in the future), we may ask you for your e-mail address or other contact information so we can follow up with you and we may obtain other personal information about you.

Contest, sweepstake, and promotion information. You can participate in Tarte contests, sweepstakes and promotions as long as you meet eligibility requirements and comply with all applicable rules. As part of your participation, we may request your name, mailing address, e-mail address and other information in order to administer the promotion, notify winners, etc.

Survey information. When you complete a survey on-line, we may ask for certain information from you, including your age, zip code, shopping habits, e-mail and/or mailing address.

Billing and delivery information. When you place an order on our Sites, we will use your information to process and fill your order. We may send you an e-mail to confirm or update you on your order. We may also need to contact you by regular mail, e-mail or phone if we have any questions regarding your order.

Notice about sharing information. If you share information about yourself in an open format, like on a Third Party Site or in the user-generated content portions of our Sites, Tarte considers that information to be public information and not personal information. Use caution when posting your own content. Individuals under the age of 18 should be especially careful not to provide any personal information when participating in any area of the Sites where user-generated content might be available to the public. Please see our Terms and Conditions for the standards of behavior that must be followed when using these portions of the Sites and the Third Party Sites.

how we use your personal information

From time to time, we will use the information you provide to us to send you e-mail or regular mail regarding products, services, contests and promotions that we think may be of interest to you. We may also use information you provide to us to personalize your shopping experience by using your product interests and purchase information to recommend other products, services or promotions that we believe may interest you, including those of other companies. We may also notify you of functionality changes to the Sites. Information obtained through our Sites may be intermingled with and used in conjunction with information obtained through sources other than our Sites, including both offline and online sources.

Tarte may share your personal information with our marketing or advertising partners and with companies that perform services for us, such as fulfilling orders, delivering packages, sending and managing postal mail, email and other electronic communications, analyzing customer data, providing marketing assistance, storing of data on external servers, investigating fraudulent activity, conducting customer surveys and providing customer service.

how we share your personal information

In general, we do not share personal information about you with third parties for such third-parties’ own marketing or advertising purposes. We do share personal information with third parties for other purposes. For example, we share personal information with:

The Tarte family of brands and companies, such as our affiliates, parents, and subsidiaries;

Service providers that provide products or services to us, that help us market or advertise to you (including co-branded marketing and advertising), or that provide products or services to you (such as delivering packages to you). For instance, we use a third-party vendor to manage our loyalty programs called CrowdTwist. As a result, CrowdTwist will receive your information to manage your participation in our loyalty program, including sending you any loyalty rewards or items. In addition to being required to abide by Tarte’s privacy policy, you will also be required to comply with CrowdTwist's privacy policy at https://crowdtwist.com/privacy. Even with this access to personal information necessary to perform these functions, those third parties are not authorized by Tarte to disclose your information for any other purposes.

Social media platforms and networks such as Facebook, Twitter, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our website or mobile application (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media). If you choose to use these functionalities, plugins, widgets, or tools, certain information may be shared with or collected by those social media companies—for more information about what information is shared or collected, and how it is used, see the applicable social media company's privacy policy;

Parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party; and

Online third-party companies for advertising purposes, including to: serve advertisements across the Internet; track and categorize your activity and interests over time on our website and mobile application, and on third-party websites and mobile applications; and to identify the different device(s) you use to access websites and mobile applications. We share information with these companies, and these companies may collect information—including automatically collected information when you use our website or mobile application. These third-party companies also may possess or obtain information about you from your interactions: directly with the third-party companies; with other websites, mobile applications, or companies that the third-party companies work with; or from your interactions with advertisements the third-party companies help to display to you. The information that these companies collect or that we share may be used to customize or personalize the advertisements that are displayed to you. We may share personal information with the third-party companies we work with for our purposes, though in general we do not share personal information about you with third parties for third-party marketing or advertising purposes. We may also share other information at our discretion, including automatically collected information, which may be used by third parties for third-party marketing, advertising, and other purposes.

Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties. We also may share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests.

Except for the sharing of personal information as described in this Privacy Policy, Tarte does not otherwise sell, rent or license the personal information of our customers. If we change this policy, we will post a notice in this Privacy Policy and on our home page.

where we store your information

We store your personal information in the United States. If you live in Canada or another country outside of the United States, you understand and agree that your personal information may be transferred to and processed in the United States, and that we may be required to use or disclose your information to a third party, including a government authority, in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena.

cookies, pixel tags and tracking

Tarte has a number of ways that it can offer better service and improve the shopping experience on our Sites.

Cookies. We collect information about how you use our Sites by setting and accessing cookies on your computer. A cookie is a small piece of information sent by our Sites that is saved on your hard drive by your computer's browser. The cookie holds information our Sites may need to personalize or enhance your experience and to gather statistical data, such as which pages are visited, the internet provider's domain name and the addresses of the sites visited immediately before coming to and immediately after leaving the Sites. The information in the cookie lets Tarte trace "clickstream" activity (i.e., the paths taken by visitors to our Sites as they move from page to page) to enable us to better serve our customers by revealing which portions of our Sites are the most popular. Cookies also help us improve your shopping experience by, among other things, keeping track of your preferences, recognizing you if you have a shopping account, and tracking your shopping basket as you shop. We may link the anonymous visitor ID from your cookie to a user ID in our database to help us analyze web traffic and statistics. From time to time, other companies may help us with data research and analysis, but they will be prohibited from using that data for any other purpose. You may disable cookies on your browser. Please review your browser's instructions for doing so. Note that certain features of the Sites may not be available if you delete or reject cookies.

Pixel tags. We may use pixel tags (also called web beacons or clear gifs) on our Sites. They can help us analyze what our customers like to do on our Sites and the effectiveness of our features and advertising. They can also help us customize your browsing and shopping experience. We may use information collected through pixel tags or tracked links in combination with your personal information. We may also combine personal information you provide to Tarte with other personal information (such as purchase history and demographic information). If we work with other companies to help us track, collect and analyze this information, they will be prohibited from using this information for any other purpose.

Google Analytics. The Sites use Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (Google), to better assist us in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites, including your computer's IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Sites, compiling reports on Site activity for our use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Sites. The use of cookies by Google Analytics is covered by Google's privacy policy. From time to time, we may enter into agreements with other third party providers for web analytic and other similar services. If we enter into such an agreement, we may share your information, including personal information, with the provider or such provider may have access to and collect your information on our behalf. Your information, including personal information, may be stored with the provider.

Other advertising partners. Tarte may also work with advertising partners that use cookies, pixel tags and other tracking technologies to serve advertisements on behalf of their retail clients (like Tarte), across the Internet, including to you after you have visited our Sites. These advertising partners engage in remarketing, online behavioral advertising and ad delivery and reporting. With respect to Tarte, these advertising partners may collect anonymous information about your browser as it makes visits to websites across the Internet (including our Sites) and your interaction with our advertising and email communications. This anonymous information may also be used to tailor advertising for you and others elsewhere on the Internet. Tarte will have access to the information collected by these advertising partners and can then use it in combination with personal information provided by you to enhance your experience on our Sites. Because our advertising partners serve ads on many different websites, they are able to compile information over time about where you, or others who are using your computer, saw and/or clicked on the advertisements they display. Our advertising partners may share that information with us and we and/or our advertising partners may use this information to make predictions about your characteristics, interests or preferences and to display targeted advertisements that our advertising partners believe may be of interest to you. Our advertising partners may also associate this information with your subsequent visit, purchase or other activity on participating advertisers' websites in order to determine the effectiveness of the advertisements. For more information about how targeted ads work, visit Managing Your Privacy at the Network Advertising Initiative website.

Opt out. You also have a right to opt-out of personalized targeted ads. Our advertising partners are members of the Network Advertising Initiative (NAI), to opt out of targeted ads served by our advertising partners, or any or all Network Advertising Initiative members, click here. Please note that when you opt-out using this method the Network Advertising Initiative will place an opt-out cookie on your computer. If you delete, block, or otherwise restrict cookies, you may need to renew your opt-out choice. Once you have opted out, our advertising partners will no longer use information they have collected to help deliver targeted advertisements.

Do Not Track (DNT). Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. To the extent you employ such browser do-not-track signals or other similar mechanisms, we will use commercially reasonable efforts to honor such requests received by us to the extent we have the capacity and resources to identify and process your request. Due to the potential for rapid and diverse developments of technology in this area, we cannot guarantee that we can process every type of request that exists or may be developed in the future. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties' responses to do-not-track signals or other such mechanisms. Third parties' use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

security

Information security. To safeguard against unauthorized access to personal information by third parties, all electronic personal information held by Tarte is maintained on systems that are protected by up-to-date secure network architectures that contain firewalls and intrusion detection devices. The data saved in servers is “backed up” (i.e. the data are recorded on separate media) to avoid the consequences of any inadvertent erasure, destruction or loss otherwise. The servers are stored in facilities with high security, access restricted to unauthorized personnel, fire detection and response systems.

Physical and administrative security. We employ reasonable physical and administrative safeguards to protect your personal information.

Financial information. We offer multiple options for processing credit card payments, including Apple Pay. Tarte goes to great lengths to keep financial information you provide to us private and safe. We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of our site, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of our site. Once you've entered, the page address (URL) will change from http to https, to let you know you are in a secure area. You acknowledge, however, that no transmission of data over the Internet or mobile phone devices can be guaranteed to be 100% secure, despite our efforts. We also cannot protect financial or personal information that is not under our control. Thus, while we will use every means possible to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. The privacy policy for Apple Pay is available at https://support.apple.com/en-us/HT203027.

social commerce and third party sites

We work with third parties, including social network sites like Twitter, Facebook, YouTube, Instagram, Pinterest, and Google+, and with application developers who specialize in social commerce so we can connect to your social networks. All of these companies operate Third Party Sites. We provide access to our Sites by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network.

The use of any features made available to you on our Sites by a third party may result in information being collected or shared about you by us or by the third party. Information collected or shared through any such third party features is considered public information by us because the Third Party Sites made it publicly available. If you do not want us to be able to access information about you from Third Party Sites, you must instruct Third Party Sites not to share the information. Tarte is not responsible for how these third parties may use information collected from or about you so be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information. However, we do identify any areas on our Sites where third parties share information about you.

We use features on Third Party Sites that allow you to express positive opinions about our products or purchase our products. Those Third Party Sites may collect or register your views about our products (including whether you purchased a product) and make those views available to Tarte and on public portions of the Third Party Sites. If you do not wish any of this to happen, you should not express your views about our products on Third Party Sites, you should not buy our products through Third Party Sites, and you should review your privacy settings on such Third Party Sites. We are not obligated to display your name or other identifying information, account name, profile photo or other information or content on our Sites even if you express an opinion about one of our products or have consented to our use of such information or content. We reserve the right to remove the information of any person for any reason. We may also remove from our Sites, in our sole discretion, any product offering or any photo or product description relating thereto. If you would like us to delete the data we have collected about you that we have received through any social media provider or Third Party Site, please contact us. However, if your information is deleted you may not have access to certain promotions, product information or opportunities as a result. In addition, we may not delete your personal information if an exception under applicable data protection privacy laws and regulations applies.

children

Tarte will never knowingly request, accept or use personal information from children under 13 years of age. The Sites are not designed for children. If you are under 13 and want to make a purchase, please have a parent place the order for you. If Tarte receives actual knowledge that a shopping account has been opened by someone under 13 years of age or information has been provided by someone under 13, Tarte will eliminate all personal information relating to that individual from our records.

opt-out from mailings

From time to time, you may receive periodic mailings, telephone calls, e-mails or other communications from us with news or other information on events, products, discounts, special promotions, or other offers from or on behalf of Tarte. If at any time you wish to stop receiving communications from us please send us an email to privacy@tarte.com with the phrase "Privacy Opt-out: Tarte Mailings" in the subject line, or write to us at the address provided below, and we will remove you from our mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from Tarte.

US-BASED ORGANIZATION

Tarte is a US-based organization that is headquartered in the United States. Our data processing activities primarily occur in the United States. You acknowledge that any personal data we collect will be transferred to, processed, and stored in the United States. You further acknowledge that the United States has standards for the processing and storage of personal data that may not be equivalent to those in the country where you reside and/or are a citizen, and you consent to our collection, transfer, processing, and storage of your personal data in the United States.

We will transfer personal information within Tarte (including with our affiliated entities), and with service providers acting on our behalf in accordance with appropriate or suitable safeguards recognized under the EU General Data Protection Regulation 2016/679 (GDPR) including adequacy decisions and standard contractual clauses.

EU USER’S RIGHTS WITH RESPECT TO PERSONAL INFORMATION

Depending on your local law, you may have certain rights with respect to your personal information, including the right to object to, restrict and/or withdraw your consent to the processing of your personal information, the right to access your personal information, and the ability to receive a machine-readable copy of your personal information. You may also have the right to ensure that we correct or delete any inaccurate or out of date personal information which we have about you.

If you believe that any personal information which we have about you is inaccurate or out of date and you would like us to correct or delete it, or you wish to exercise any other of your rights or have any questions or concerns about your personal information, please contact us at privacy@tarte.com.

If you have a complaint about how we handle your personal information or respond to your request, you may be able to complain to your data protection authority. We asks that you kindly contact us first, so that we have an opportunity to resolve your complaint.

california privacy rights

Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding the personal information that businesses have about them. This includes the rights to request access or deletion of your personal information, as well as the right to direct a business to stop selling your personal information.

  • Right to Notice. You have the right to be properly notified of the following:
    • Personal Information We Collect: Please review the section of this Privacy Policy titled PERSONAL INFORMATION WE COLLECT for more information about the personal information we collected about you in the past 12 months.
    • Why We Collect Personal Information: Please review the section of this Privacy Policy titled HOW WE USE YOUR PERSONAL INFORMATION for more information on why we collect personal information about you in the past 12 months.
    • How We Collect Personal Information: Please review the section of this Privacy Policy titled HOW WE COLLECT YOUR PERSONAL INFORMATION for more information on how we collect personal information about you in the past 12 months.
    • With Whom We Share Your Personal Information: Please review the section of this Privacy Policy titled HOW WE SHARE YOUR PERSONAL INFORMATION for more information on how we share personal information about you in the past 12 months.
  • Right to Access Your Information: You have the right to request the following covering the 12 months preceding your request:
    • The specific pieces of personal information we have collected about you
    • The categories of personal information that we have collected about you
    • The categories of sources from which we collected the personal information
    • The purpose for collecting or selling the personal information
    • The categories of personal information that we have disclosed about you, the purpose for disclosing such personal information and the categories of third parties with whom we disclosed such personal information
    • The categories of personal information that we have sold about you, as well as the categories of third parties to whom we sold such personal information

If you would like to exercise your right to request access, please submit your request by calling us at 855-968-2783 or by emailing us at privacy@tarte.com.

  • Right to Opt-Out of Sale: While we do not sell personal information in exchange for any monetary consideration, we do share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA (Cal. Civ. Code 1798.140(t)(1)). We support the CCPA and wish to provide you with control over how your personal information is collected and shared. You have the right to direct us to not sell your personal information. If you would like to exercise your right to request opt-out of sale, submit an email to privacy@tarte.com.

 

Please note that we may still use aggregated and de-identified personal information that does not identify you or any individual; we may also retain information as needed in order to comply with legal obligations, enforce agreements, and resolve disputes.

  • Right to Deletion: You have the right to request that we delete any personal information about you that we have collected from you. Please note that there are exceptions where we do not have to fulfill a request to delete information, such as when the deletion of information would create problems with the completion of a transaction or compliance with a legal obligation. If you would like to exercise your right to request deletion, please submit your request by calling us at 855-968-2783 or by emailing us at privacy@tarte.com.
  • Right to Non-Discrimination: We will not discriminate against you (e.g., through denying goods or services, or providing a different level or quality of goods or services) for exercising any of the rights afforded to you.

 

How to Exercise Your Rights: To exercise your rights described above, please submit a verifiable consumer request to us by calling us at 855-968-2783 or by emailing us at privacy@tarte.com.

Verifiable Consumer Requests: Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access to your personal information twice within a 12-month period. The verifiable consumer request must: 1) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of that person; and 2) Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it. We cannot respond to your request to exercise your access and/or deletion rights if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format: We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period prior to the date we receive the verifiable consumer request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For access requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Complaints: In compliance with the CCPA, we commit to resolve complaints about your privacy and our collection or use of your personal information. California residents with inquiries or complaints regarding this Privacy Policy should first contact us at please submit your request by calling us at 855-968-2783 or by emailing us at privacy@tarte.com.

California’s Shine the Light law. California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us by calling us at 855-968-2783 or by emailing us at privacy@tarte.com.

text, SMS, and calls.

If you have provided us with your prior express consent to receive communications via an automatic telephone dialing system (auto-dialer), artificial or prerecorded voice messages, or text messages, Tarte may use your information to send text messages to any mobile device connected to your cell phone number, until you opt out from future text messages by texting STOP. Once you cancel, we will send one additional confirmation message stating that you've opted out.

correction of data

It is your responsibility to provide us with accurate personal information about yourself and to inform us of any changes. (e.g. new home address or change of name). If, however, you discover any information previously provided to us is inaccurate or incomplete, you may request that the data be corrected or amended by sending us an email at privacy@tarte.com.

data retention

We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.

your consent and updates to this policy

Please read this Privacy Policy carefully. By continuing to use the Sites, you are consenting to the practices described in this Privacy Policy. Tarte reserves the right, at any time, to modify this Privacy Policy. If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy. You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices. We will note the date of the latest version of our Privacy Policy at the beginning of this Privacy Policy.

how to contact us

If you have any questions about your privacy or security on our Sites, please email us at privacy@tarte.com and include your name and address in the message or write to us at: Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018.