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Scentsy, Inc. Privacy Policy Notice

Introduction

Scentsy, Inc., a company incorporated under the laws of the State of Idaho, U.S.A., understands the importance of privacy of individuals (referred to as “users” and “you”). Scentsy also maintains websites for several affiliate companies and brands, including the following: Scentsy New Zealand, ULC; Scentsy Pty; Scentsy de Mexico S de RL de CV; Scentsy Canada Enterprises, ULC; Scentsy, B.V.; and Scentsy GB, PTY Ltd. (Scentsy, Inc.) and all the foregoing affiliate companies referred to collectively herein as “Scentsy,” “we,” “us” and “our”). This privacy notice outlines the personal information Scentsy may collect and how Scentsy uses and discloses that information. Scentsy is committed to protecting your personal information.

Information collection and types of data

Scentsy may collect two different types of information: Personally Identifiable Information (PII) and Non-Personally Identifiable Information (Non-PII). PII is information that identifies you as an individual — for example, your name, address, telephone number, email address, credit card information, billing address and shipping information. Non-PII is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools, and any other information that does not reveal your specific identity.

Scentsy may also collect PII about you from, among other places: information you provide directly to us, information regarding the services that Scentsy currently provides or has previously provided to you, information Scentsy receives from our affiliated entities or third parties relating to the establishment of our relationship or the provision of services to you.

This information can be received in any manner, including in-person discussions, telephone conversations and electronic or other written communications.

During the Independent Consultant enrollment process, or while purchasing product on Scentsy-maintained websites, Scentsy may collect PII about you that may be considered sensitive. Scentsy will never share your data with third parties other than our agents.

Cookies, analytics and your choice

We may collect information about your general internet usage with a cookie file, which is stored automatically on the hard drive of your computer or on mobile devices. Cookies contain information that is transferred to your device’s hard drive. Cookies help us improve our site and deliver better and more personalized service. They enable us to estimate our audience size and usage patterns, to store information about your preferences (which allows us to customize our site according to your individual interests), to speed up your searches and to recognize you when you return to our site. You may refuse to accept cookies by selecting that specific setting on your Web browser. If you select this setting, you may be unable to access certain parts of our site. Unless you have set your browser to refuse cookies, our system will install cookies when you visit our site.

Some Consultants use Google Analytics tools on their Personal Website (“PWS”) extensions of scentsy.com. Consultants use these tools for measurement services, to better target advertisements, for marketing purposes and to improve the performance of their PWS. Scentsy and its Consultants use cookies, Google Analytics tools and other similar technologies to help us to determine which advertisements users have seen, how many times users have seen a particular advertisement, and on which sites a particular advertisement appeared. For more information about how Google uses information it gathers, click here.

Purposes of processing/information use

Scentsy may collect PII about you to establish or maintain our relationship with you, respond to your inquiries, provide you with services you have requested, keep you informed of services we think may be of interest to you, personalize your experience with us and other reasons.

Without PII, Scentsy may be unable to provide you with the services you have requested.

Disclosure of information to third parties/government access

Scentsy does not sell or lease PII about you to others.

Scentsy may share PII about you with others as permitted by contractual agreement or as required by law, such as our affiliates, third parties in connection with the provision of services to you, government entities and regulatory bodies, and those with whom you have requested us to share information.

Unless restricted by law, regulation, contract or professional standards, Scentsy may transfer PII about you outside of the United States to other countries for the purposes described in this privacy notice.

Scentsy will not share PII about you with an unaffiliated third party who is not performing services for us without first obtaining your permission, except if such sharing is otherwise permitted by this privacy notice.

Scentsy will provide PII about you to the following types of third parties for the associated reasons:

  • Carriers: Scentsy will provide your name and address to companies which provide a delivery service between Scentsy and its customers as a means of delivering our products to you as quickly as possible.
  • Financial institutions: Scentsy will provide financial institutions with your payment information, name, address and phone number to process any orders placed by you and complete payment of the transaction to Scentsy.
  • Logistics: Scentsy will provide your name, address and phone number to those entities or people within our network of distribution to process and ship your orders with speed and accuracy.

Scentsy requires third parties who perform services for us to agree to treat your PII confidentially and securely. Prior to collection of your PII, any such third parties are required to sign a service agreement, which includes the privacy policy outlined here. Note that this statement does not address the privacy practices or polices of our Independent Consultants. However, Scentsy Independent Consultants agree, as specified in our Policies and Procedures, to comply with all applicable privacy laws and regulations.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Notwithstanding any other provision of this notice or the Terms and Conditions of Use to the contrary, we reserve the right to disclose and use your PII if we believe that we are required to do so (a) by law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency’s request; (d) to enforce our other terms, conditions or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Scentsy, you or others; and/or (g) to permit us to pursue available remedies or limit the damages we may sustain. For example, we may to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

Because Non-PII does not personally identify you, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.

Individual rights

You may request access to the PII that Scentsy has about you. You may also request the correction, amendment or deletion of PII about you that is inaccurate. Scentsy will treat requests for access, correction, amendment or deletion of PII about you in accordance with its internal policies and applicable legal requirements.

Persons protected by the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA) are entitled to access, correct or delete their personal data in accordance with applicable law. See here for Scentsy’s GDPR policy. See here for Scentsy’s CCPA policy.

To request data access, correction, amendment or deletion, please email datarequest@scentsy.com. To prevent granting fraudulent requests, Scentsy may use reasonable means to confirm your identity.

Choice

You may opt out from Scentsy’s processing of your data, specifically, you have the opportunity to choose whether your personal information is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized by you. To opt out, please email datarequest@scentsy.com.

Scentsy does not collect sensitive information (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual). Should Scentsy ever seek to collect such information, it will provide you an opportunity to opt in, i.e, it will first seek your affirmative express consent to collect such information if it is to be (i) disclosed to a third party or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by you. Scentsy will also treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.

Information security and integrity

Scentsy maintains reasonable physical, administrative and technical safeguards to protect PII from loss, misuse or unauthorized access, disclosure, alteration or destruction. Our personnel and the personnel of our affiliates are provided access to PII about you only if they have a need to know the information in connection with a legitimate business purpose, such as (a) the provision of services to you or (b) to help identify other services that Scentsy and its affiliates offer that may be of interest or use to you.

Additionally, Scentsy will only use PII for the purpose which it was intentionally collected. Scentsy will take reasonable measures to safeguard your information and ensure that is accurate, complete and current.

Data Privacy Framework

Scentsy complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Scentsy has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Scentsy has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov.

With respect to personal data received or transferred pursuant to the Data Privacy Framework, Scentsy is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

Scentsy’s accountability for personal data it receives in the United States and subsequently transfers to a third party is described in the Data Privacy Framework. In particular, Scentsy, Inc., remains responsible and liable if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Data Privacy Framework, unless Scentsy proves it is not responsible for the event giving rise to the damage.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Scentsy commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF in the context of the employment relationship. EU, UK, and Swiss individuals with inquiries or complaints should first contact Scentsy at:

Scentsy, Home Office
Attention: Legal Department
2701 E. Pine Ave.
Meridian, ID 83642

Scentsy has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf

Changes to this privacy notice

Scentsy reserves the right to change this privacy notice. Any changes to this notice will become effective upon posting of the revised notice on the internet or as required by law.

Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence to us.