Privacy policy

Welcome to Lashify!  As used in this Privacy Policy, the terms "Lashify," "we" and "us" refer to Lashify, Inc

Lashify is committed to protecting and respecting your privacy.

This Privacy Policy describes how we collect, use, protect and share information about you that we obtain when you access and use our Website (defined below), including when you register for an account, request customer support, participate in contests or promotions, or submit questions or feedback.  This Privacy Policy also applies to information that we obtain when you communicate or interact with us outside of the Website, including by e-mail, telephone and otherwise.

Please read this Privacy Policy carefully to understand how we will treat your information before you start to use our Website or communicate with us outside the Website.  This Privacy Policy also is intended to explain the conditions under which Lashify uses and discloses that information, and your rights in relation to that information.  Changes to this Privacy Policy are discussed at the end of this document.

For purposes of this Privacy Policy, the following defined terms mean:

  • "Content" refers to any and all videos, text, photos, information and other content included, provided or made available on or through the Website, including all User Content except Your Content.
  • "User Content" refers to videos, text, photos, information and other content captured, recorded, streamed, stored, shared or otherwise made available or caused to be made available by users on or through the Website.
  • "Your Content" refers to user content that is provided or made available or caused to be made available by you.
  • "Users" means any and all persons that access or use the Website. References to "access" and/or "use" of the Website (and any variations thereof) include the acts of accessing or browsing the Website and accessing or using the Content.
  • "Website" refers to any website owned or operated by Lashify, Inc. (including the website currently located at lashify.com), through which access to the Content is available. References to the "Website" include any and all Content, features, functionality, and tools available on or through each such website.

BY ACCESSING OR USING OUR WEBSITE OR COMMUNICATING WITH US OUTSIDE OF THE WEBSITE, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME.  IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR OTHERWISE COMMUNICATE WITH US.

Please click on the sections below to learn more about our Privacy Policy:

  1. HOW WE COLLECT INFORMATION
  2. HOW INFORMATION MAY BE USED
  3. HOW INFORMATION MAY BE SHARED
  4. COOKIES AND BEACONS
  5. YOUR CHOICES
  6. SECURING YOUR INFORMATION
  7. CHILDREN
  8. LINKS TO THIRD PARTY SITES
  9. INTERPRETATION
  10. INTERNATIONAL JURISDICTIONS
  11. CHANGES TO OUR PRIVACY POLICY
  12. CONTACT US

1. HOW WE COLLECT INFORMATION

Information You Provide to Us

We collect information that you provide directly to us, including when you register for an account, update your e-mail preferences, respond to a survey or provide other feedback about the Website, or contact us with questions or comments about the Website. 

We may also collect information about you when you opt in to receive text messages from us (for example, when you request customer support or sign up for information about sales or promotional offers]). You may opt in to receive such updates and offers by providing your mobile telephone number through the Website.

We will not ask for or request sensitive information such as government identifiers, medical information, or financial information (except in connection to payments).  Please do not provide this information to us through e-mails, feedback forms or in any other way unless specifically requested.

Information Generated from Use of the Website

We also collect certain technical information when you access, browse and use our Website, including information that we automatically receive and record from your browser or mobile platform on our server logs.  This technical information helps us operate and provide our Website to you, and includes standard information about visits and system capabilities, such as:

  • information about the device(s) you use to access our Website, including MAC address, IP address, browser type and version, your location, time zone setting, browser plug-in types and versions, operating system and platform, device type, device and application identifiers, operating information, mobile carrier, and cookies;
  • information about your visits to the Website, including the full URL clickstream to, through, and from the Website, including dates and times;
  • information we need and use to facilitate your use of our Website (including to provide access to third party websites and services), such as URL requests, destination IP addresses, or device configuration details;
  • pages you view, searches you run, length of time browsing search results, specific search results you select to view, length of visits to other pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page; and
  • page response times and download errors.

Some of the information we collect is generated using cookies and beacons.  For more details about cookies, beacons, and your choices, see Cookies and Beacons below.

Information from Other Sources

We may receive certain information about you from the organizations or entities on behalf of which we provide the Content to you.  We may also supplement the technical information we collect from your use of the Website with information collected by third parties.  Such third parties may include service providers, such as Salesforce.com, Inc. and Google Inc., that help us understand our Users and provide better service to our Users.

On occasion, we may compare or combine Personally Identifiable Information (defined below) from third party sources to/with other information we have collected.  For example, we may obtain contact information from other sources in order to contact you if we think you or the company you represent would be interested in our Website.

2. HOW INFORMATION MAY BE USED

Personally Identifiable Information

Some of the information we collect through your use of our Website or communications with us may personally identify you ("Personally Identifiable Information").  The types of Personally Identifiable Information you may submit in connection with use of the Service include:

  • contact information (such as name, shipping and billing addresses, email address and telephone number);
    account passwords for the Website;
  • payment card information and other billing information (such as card image, card number, cardholder name, expiration date and card verification code) associated with your account; and
  • geographic location.

Other data derived from your use of the Website is treated as "Non-Personally Identifiable Information," unless it is combined with Personally Identifiable Information, or unless otherwise required by applicable law.

We may use the Personally Identifiable Information we collect, to:

  • create and manage your account;
  • provide the Website to you;
  • operate our Website, including access management, Website administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • send you information that enables you to use our Website;
  • provide you access to, and updates regarding sales and promotions and other related offers via text message;
  • respond to your requests, feedback or inquiries;
  • notify you about updates, information, or alerts regarding our Website;
  • process payments;
  • comply with laws, regulations, and other legal requirements;
  • comply with relevant industry standards and our policies;
  • protect and enforce our rights and the rights of other Users against unlawful activity, including identify theft and fraud, and other violations of our Terms of Use;
  • protect and enforce our rights arising under any agreements entered into between you and us, including billing and collection;
  • protect the integrity and maintain the security of our Website, including secured areas of the Website;
  • operate, evaluate and improve our business, including conducting surveys and market research, developing new products, services, and promotions (such as, for example, special events, programs, offers, contests), analyzing and enhancing existing products, services, and promotions, managing our communications; performing accounting, auditing, and other internal functions;
  • provide you with information and advertisements about products, services, and promotions, from us or third parties, that may interest you; and
  • administer your participation in such products, services, and promotions.

In addition, we may use your information as described in any notice provided at the time you provide the information; and for any other purpose for which you may provide consent.

Non-Personally Identifiable Information

In addition to the uses described above, we may also use Non-Personally Identifiable Information to: deliver content tailored to your interests and the manner in which you use our Website, and present content in a manner that is optimized for your device.

We may also combine technical information, or Non-Personally Identifiable Information, about your use of our Website with information that we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.

3. HOW INFORMATION MAY BE SHARED

Personally Identifiable Information

We will not sell or share your Personally Identifiable Information with third parties for the third party's own direct marketing purposes without your express consent. 

We may share Personally Identifiable Information with:

  • our service providers to the extent reasonably necessary to enable us operate our business and provide our Website to you, as described in this Privacy Policy (e.g., to an e-mail service provider in order to enable us to e-mail you);
  • a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, liquidation, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personally Identifiable Information held by us about our Users is among the assets transferred;
  • other third parties with your express consent for any purpose disclosed by us when you provide the information; and
  • you, upon your written request.

We do not permit these third parties to use any Personally Identifiable Information we share for any purpose other than (i) as described in this Privacy Policy, and (ii) to comply with their own legal requirements.

We may also disclose Personally Identifiable Information with law enforcement agencies, government officials, or other third parties as necessary for the purpose of:

  • complying with any court order, law or legal process, including to respond to any government or regulatory request;
  • preventing fraud and providing credit risk reduction;
  • investigating potential unauthorized access or misuse of our Website or other breach of our Terms of Use, Supplemental Terms (as defined below), Website Rules (as defined below) other agreements;
  • protecting the assets or property, and enforcing the rights of Lashify, including for billing and collection purposes; and
  • protecting the rights, property, or safety of our Users or others.

In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.

Notice to California Residents / Your California Privacy Rights

We have adopted a policy of not sharing your Personal Information with third parties for their direct marketing purposes if you request that we do not do so ("Opt-Out Policy"). You may make such a request by sending us an email at privacy@lashify.com.

When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your Personal Information or for processing this request.

California residents who have provided Personally Identifiable Information to a business that does not have an Opt-Out Policy may be entitled by law to request certain information regarding disclosures of personal information by the business to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year ("Disclosure Request"). However, please note that due to Lashify’s Opt-Out Policy above, Lashify is entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of Personally Identifiable Information pursuant to our Opt-Out Policy (which is cost free to you). If you are still interested in making a Disclosure Request, send an email to privacy@lashify.com, specifying that you seek your "California Customer Choice Privacy Notice." Please allow thirty (30) days for a response. Lashify is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above email address.

Non-Personally Identifiable Information

In addition, we may share Non-Personally Identifiable Information, including aggregated or anonymized data:

  • with analytics, search engine, or other service providers that help us improve our Website;
  • to report to our affiliates, licensors and service providers, about the use of various aspects of the Website; and
  • with other Users or prospective Users of the Website.

4. COOKIES AND BEACONS

We may use cookies, beacons and similar technologies, now or in the future, to support the functionality of our Website.  This provides a better experience when you visit our Website and allows us to improve our Content and Website.  Our service providers may use cookies and beacons to collect and share Non-Personally Identifiable Information about your activities both on our Website and on other websites.  In addition, third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Website.  We do not have control over these third party collection practices.  If you wish to minimize these third-party collections, and you can adjust the settings of your browsers or install plug-ins and add-ins.

  • Browser Cookies. A browser cookie is a small file placed on the hard drive of your computer.  That cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer.  We associate cookies with Personally Identifiable Information only if you use the automatic recognition capabilities on restricted areas of the Website, order a Service, use the personalization services available as part of the Website, or ask us to contact you with additional marketing information.  We do not otherwise collect Personally Identifiable Information from browser cookies and we do not associate browser cookies with your Personally Identifiable Information.

You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set.  However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Website.

You may choose whether to activate automatic recognition when you register for an account.  After registration, you may disable the persistent cookie that supports recognition using the tools in your browser.  If you choose to disable the cookies that support automatic recognition, you will need to re-enter your email and password each time you access a gated portion of the Website.

Unless you have adjusted your browser settings so that it refuses all cookies, we may use cookies when you direct your browser to our Website.

To learn more about cookies, you can visit https://www.allaboutcookies.org/.

  • Flash Cookies. Certain features of our Website may use local stored objects called flash cookies to collect and store information about your preferences and navigation to, from and on our Website.  The cookies do not identify you as an individual or track your online behavior.  We do not collect Personally Identifiable Information from flash cookies and we will not associate them with your Personally Identifiable Information.

Flash cookies are not managed by the same browser settings as are used for browser cookies.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.  If you disable or refuse Flash cookies, please note that some parts of our Website may be inaccessible or may not function properly.

  • Our Website and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count Users who have visited those pages or opened an e-mail and for other website-related statistics.  Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages.  You may use the tools in your device to disable these technologies as well.

Google Inc. ("Google") is one example of a service provider that uses cookies or similar technologies to collect information about your browsing activities over time and across different websites following your visit to our Website.  Google Analytics is a web analytics service provided by Google that uses first-party cookies to track Users' interactions and collect other information about how you use our Website.  Google Analytics collects information anonymously.  We then use the information to compile reports, including usage trends, to help us improve our Website.  You can opt out of Google Analytics without affecting how you visit our site.  For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/, or review the Google Analytics Terms of Service at https://www.google.com/analytics/terms/us.html.  For more information about opting out of being tracked by Google Analytics across all websites you use, please visit https://tools.google.com/dlpage/gaoptout/.

5. YOUR CHOICES

We offer you certain choices in connection with the information we collect from you.

Email Communications

You may have the opportunity to receive certain communications from us related to our Website.  If you provide us with your e-mail address in order to receive communications, you can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting your e-mail preferences.  Please note that certain e-mails may be necessary for the operation of our Website.  You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.

Cookies/ Beacons

If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your browsers to notify you when you receive a cookie, which lets you choose whether or not to accept it.  You can also set your browser to automatically reject any cookies.  You may also be able to install plug-ins and add-ins that serve similar functions.  However, please be aware that some features and services on our Website may not work properly if we are not able to recognize and associate you with your account.  In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. 

Network Advertising Initiative

Certain websites you visit may provide options regarding advertisements you receive.  If you wish to minimize the amount of targeted advertising you receive, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt–Out Page.  Please note that even if you choose to remove your information (opt out) you will still see advertisements while you're browsing online.  However the advertisements you see may be less relevant to you.  For more information or to opt out of certain online behavioral advertising, please visit http://www.aboutads.info.

Additionally, many advertising network programs allow you to view and manage the interest categories that they have compiled from your online browsing activities.  These interest categories help determine the types of targeted advertisements you may receive.  The NAI Opt–Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

Do Not Track

Some browsers support a "Do Not Track" (or, DNT) feature, a privacy preference that Users can set in certain web browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit.  Our Website does not currently recognize or respond to DNT signals, so DNT settings do not change the way the Website operates.

Please note that we cannot control how third party websites or online services you visit through our Website respond to Do Not Track signals.  Check the privacy policies of those third parties for information on their privacy practices.

Text Alerts

You may have the opportunity to receive certain information, updates and/or offers from us via text communications.  If you provide us with your mobile number in order to receive such communications, you can opt out of receiving text messages at any time by texting STOP to (323) 543-4400.

Updating or Deleting Information

The accuracy of the information we have about you is very important.  To review, correct or delete your Personally Identifiable Information, please contact us at privacy@lashify.com

6. SECURING YOUR INFORMATION

The security of your information is important to Lashify, and we have established administrative, technical, and physical safeguards designed to protect your Personally Identifiable Information against unauthorized alteration, access, loss, theft, use or disclosure.  Unfortunately, no system can guarantee complete security of your information.  As a result, Lashify cannot ensure or warrant that your information, including your Personally Identifiable Information, is secure from unauthorized third parties.  Thus, your use of the Website and communication with us about them is at your own risk. 

You are responsible for protecting your password(s) and for the security of information that you transmit to us over the internet.

If you have reason to believe that your interaction with the Website is no longer secure (for example, if you feel that the security of your username or password has been compromised), you must immediately notify us of the problem by contacting us.

7. CHILDREN

Our Website is directed to and is intended to be used only by persons who are 18 years of age or older.  We do not knowingly collect information from children under 18.  If you are under 18 years of age, you are not permitted to register for an account or otherwise submit any Personally Identifiable Information to us, including your name, address or e-mail address.  If we discover that we have collected any Personally Identifiable Information from a child under the age of 18, we will suspend the associated account and remove that information from our database as soon as possible. By registering for an account or submitting any Personally Identifiable Information to us, you represent and warrant that you are 18 years of age or older.

8. LINKS TO THIRD PARTY WEBSITES

Our Website may contain links to third party websites and services, including those of our partner networks.  Please note that these links are provided your convenience and information, and the websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review.  This Privacy Policy applies to Lashify and our Website only.  We do not accept any responsibility or liability for the policies or practices of any third parties.  If you chose to access any websites or services linked from our Website, please check the applicable policies before you use or submit any personal data to such website or service.

9. INTERPRETATION

Your use of our Website may be governed by our Terms of Use located at lashify.com the supplemental terms that govern certain of the features, functionality, tools, content and promotions available on or through the Website (the "Supplemental Terms"), and any and all policies and rules referenced herein or therein, posted on the Website, or otherwise communicated to our Users (the "Website Rules").  In the event that the provisions of any such agreement that are specific to a particular Website differ from or conflict with the provisions of this Privacy Policy, the terms specific to that Website will apply.

10. INTERNATIONAL JURISDICTIONS

The Website is hosted in the United States of America and is subject to U.S. state and federal law.  If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy.  You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us.  Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction.  If your use of the Website would be unlawful in your jurisdiction, you may not use the Website.

11. SMS TERMS OF USE

11.1 Mobile Message Service Terms and Conditions

The Lashify mobile message service (the "Service") is operated by Lashify Inc (“Lashify”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information (e.g., order updates, account alerts, etc.) & promotions, specials, and other marketing offers (e.g., cart reminders) from Lashify via text messages through your wireless provider to the mobile number you provided. Cookies also are used to track which items are placed in shopping carts and which are abandoned. Cookies will be used to determine when to trigger shopping cart reminder messages. Message frequency varies. Text the single keyword command STOP to [insert your sending number] to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Lashify mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email concierge@lashify.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

11.2 What do we do with your information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

11.3 MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Lashify (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://lashify.com/policies/privacy-policy.html (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Lashify and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services. Messages may include checkout reminders. 
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at sahara@lashify.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not  liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

  1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in North Hollywood, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Lashify’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

  1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  2. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

12. CHANGES TO OUR PRIVACY POLICY

Lashify may, in its sole discretion, change this Privacy Policy from time to time.  Any and all changes to this Privacy Policy will be reflected on this page and the effective date will be stated at the top of this Privacy Policy.  Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.  Users should regularly check this page for any changes to this Privacy Policy.  Lashify will always post new versions of the Privacy Policy on the Website.  However, Lashify may, as determined in its discretion, decide to notify Users of material changes made to this Privacy Policy via email or otherwise.  Accordingly, it is important that you always maintain and update your contact information.

Your continued use of the Website or communication with us after the updated Privacy Policy has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Policy. 

Please note that we may condition your continued access to our Website on your consent to changes to this Privacy Policy.

13. CONTACT US

If you have questions or comments relating to this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at privacy@lashify.com, or write to us at:

11437 Chandler Blvd

North Hollywood, CA 91601