Thank you for visiting ModeCosmetics.com. Zela International LLC (“Zela, we, us, or our”) is committed to protecting your privacy. This Privacy Policy describes the types of personal information that may be collected or submitted to us through the Mode Cosmetics website of www.modecosmetics.com ("Website or Site") or via any other means of collection.

Zela respects and is committed to ensuring that your privacy is protected. Because we gather important information from our users, visitors and customers (collectively "Customers" or "you" or "your"), we have established this Privacy Policy as a means to communicate our information gathering and dissemination practices. By accessing this Website, you acknowledge and agree to this Privacy Policy and also agree to the Terms of Use of the Website located at www.modecosmetics.com/terms-of-use ("Terms of Use Agreement"). This Notice does not apply to third-party companies (including, without limitation, their websites, platforms, or applications) which we do not own or control. These sites may have their own privacy notices and terms and conditions that you should consult. Zela may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

Acceptance Of These Terms

By using this Site, providing us with Personal Information, and/or purchasing our products, you consent to the collection, use, processing and disclosure of your Personal Information as set forth in this policy, as it may be updated from time to time. If you do not agree to this Privacy Policy and our Terms of Service, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Information Collected

You may visit and browse the Website without providing personally identifiable information about yourself. However, this may limit your ability to receive certain features, products or services from Us.

We may collect Personal Information (information that can be used to identify you as an individual) such as your name, company name, email, telephone number, home address, demographic information (such as zip code, age), or payment information (such as account or credit card number) when you make a purchase and other information as detailed below under "Personal Information" (collectively "Personal Information"). Besides the Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it when asked or not using the Website, although not providing it may hinder your ability to use the Website.

You may also have the ability to update or remove your Personal Information by logging into the Website and editing your Personal Information within your profile (to the extent one exists). However, archival or backup copies of said information will not cease to exist and Zela shall not be liable for any problems in this editing process.

Information collected is used to provide and maintain the Website and is used at Zela's discretion. This Information can also be used to contact you to further discuss interest in our company, the services we provide, and to send information regarding Zela, its partners, its products and other activities such as promotions and events. You may be invited to receive email correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with legal processes and/or law enforcement requests, or to conduct any business as Zela, in its sole discretion, deems reasonable.

Zela may also email (or send via other methods) information regarding updates to the Website, newsletters, advertisements, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an "unsubscribe" hyperlink contained in such promotional emails or by emailing us at www.modecosmetics.com/contact-us. Despite unsubscribing from such list, Zela may send confirmation emails if you order online and may need to contact you by phone, email or regular mail with questions or issues concerning your order. Any opt-out by you is not deemed valid until processed by Zela. Zela shall not be liable for problems arising from the opt-out procedure.

Personal Information You Provide

The type of Personal Information that may be collected or submitted to Zela includes, but is not limited to the following:

• ● Name (first, middle initial, and last),
• ● Address (billing and shipping),
• ● Zip code,
• ● E-mail address,
• ● Telephone number(s),
• ● Company Name,
• ● Date of birth or age,
• ● Credit card or other payment information for purchases you make on the Website,
• ● Commercial information including your order history (including items considered, search history or returns),
• ● Unique personal identifier,
• ● Online identifier,
• ● Internet protocol (IP) address,
• ● Information about your visit to the Website, which includes the date and time of your visit, the pages accessed and the documents retrieved,
• ● The type of browser used when you visit our Website,
• ● Any other Personal Information you may choose to provide to us.

How We Use The Information

At MODE Cosmetics, we do not share your personal information with third parties in exchange for money. We may use the information, including Personal Information, we collect from you and about your use of our Services for a variety of reasons related to our business operations and as set forth in this Notice, and we may combine information about you that we collect online and from third-party sources. Examples of ways that we may use such information include the following:

• ● Provide services to you
• ● To process your transactions and provide you with the products and services you request
• ● Send you promotional materials or other communications
• ● Create and manage your online account
• ● For customer service, including to respond to your inquiries and requests
• ● To learn about the devices you use to access our websites, applications and other online services
• ● To personalize the content you see on our websites and applications
• ● To provide you with communications, recommendations, ads, and other information of interest to you, including via email and interest-based advertising based on your online activities on our websites, applications and other online services
• ● Communicate with you about, and administer your participation in, promotions, competition entry forms, surveys and special offers where you voluntarily supplied your personal details
• ● Operate, evaluate and improve our business (including developing new products and services; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions)
• ● To use your UGC on our websites, social media accounts, and other marketing platforms (with your consent)
• ● To verify eligibility for discounts and other offers
• ● To prevent and detect fraud, criminal activity and violations of our terms of use
• ● To protect our rights, as well as yours and others and
• ● Comply with applicable legal requirements, relevant industry standards and our policies

How Do We Protect Your Data

We maintain commercially reasonable administrative, technical and physical safeguards designed to protect your Personal Data. Our website uses an industry standard encryption protocol known as Secure Sockets Layer (SSL) to protect your order information. Each payment transaction made through our websites and applications (or any successor or similar digital property) will be transmitted using SSL encryption. You may alternatively purchase online merchandise by calling Customer Care at 1.518.436.1833 to place your order.

Managing Your Account and Your Data

If you no longer wish to receive promotional emails or direct mail from MODE Cosmetics, you can contact Customer Service. A request to opt-out may take three to five business days to take effect. An opt-out request will also not stop transactional emails related to your purchases. In addition, each time we send you an e-mail marketing message, we give you the option to unsubscribe from the promotional e-mail list by simply clicking the unsubscribe link included in the e-mail.

Our goal is to keep your information accurate, current, and complete. You may edit your account details if you have a user account through the Site. If you become aware of inaccurate personal information about you, you may want to update your information. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

You may also request to remove your information by contacting Customer Care by phone at 1.518.436.1833 or by emailing privacy@modecosmetics.com. When contacting us, please be sure to provide us with your exact contact information, including e-mail address, name, postal address, and/or telephone number(s) in order to be sure we handle your request correctly.

Cookies, Web Beacons, and Other Similar Technologies

Our Website uses "cookie" and "pixels" (also known as web beacons) technology. Cookies are small data files stored on your device that act as a unique tag to identify your browser. We use two types of cookies on our Sites: session cookies and persistent cookies. Session cookies make it easier for you to navigate our Sites and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Sites. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. Persistent cookies can be both first-party and third-party managed, meaning your data may be sent to third-parties through these tools. We do not otherwise track any information about your use of other websites.

A pixel is used in conjunction with a cookie. This is a type of code that is embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a third party to collect data through your device and browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from separate entities that allow us to track our communications, bring you advertising both on and off the Sites, and provide you with additional functionality, such as the ability to connect our Sites with your social media account.

You can choose to remove or reject cookies at any time by using your browser options; however, this could affect the availability and functionality of our Site. In addition, many web browsers support Do Not Track technology. However, if you enable Do Not Track, some third-party companies may not recognize browser “Do Not Track” signals.

Third Party Web Analytics Services

We may use third party web analytics services on this site, our social media platforms, or our social networking or mobile applications, such as those of Google Analytics. The service providers that administer these services use technologies to help us analyze how visitors use the site. As a part of this process, we may incorporate analytics and tracking technologies into our own Sites, and some of our communications such as e-mails. To understand what information Google Analytics collects, please review their privacy policies

Children's Privacy

Our Site is not directed to children under 13. We do not knowingly collect, use or disclose personal information from anyone under 13 years of age. If We become aware that We have unknowingly collected personal information from a child under the age of 13, We will make reasonable efforts to delete such information from Our records. If You believe that We might have any information from or about a child under age 13, please contact Us through one of the methods listed in the Contact Us section at the end of this notice.

Links To Other Websites

This Policy only applies to the Site, and it does not apply to any third-party websites or applications. The Site may contain links to, and media or other content from, third parties. These links are to external resources and third parties that have their own privacy policies. We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on the Site. We recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these third parties. Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

Your Privacy Rights & Choices

Depending upon your US state of residence, you may have certain rights in relation to your personal information under applicable law, including:

• ● Right to Know and Access: The rights to confirm whether or not we are processing your Personal Information and to access such Personal Information.
• ● Right to Correct: The right to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes of the processing of such Personal Information.
• ● Right to Obtain a Copy: The right to obtain a copy of your Personal Information that you previously provided to us in a portable and technically feasible, readily useable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
• ● Right to Delete: The right to delete Personal Information provide by or obtained about you.

If would like to exercise any of your rights described in this Section, please let us know via the “Contact Us” details at the end of this Policy on how to submit your request.

Notice of Financial Incentive to California Consumers

We may, at times, offer you various financial incentives such as discounts and special offers when you provide us with contact information and identifiers such as your name and email address. When you sign-up for our email list or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting out from our email or contacting us at the "Contact Us" information below. Generally, we do not assign monetary or other value to Personal Information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the Personal Information is related to the estimated cost of providing the associated financial incentive(s) for which the information was collected.

California Shine the Light

Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at privacy@modecosmetics.com.

Special Notice For California Users

This Section of our Notice applies only to residents of the state of California and supplements the information above. All terms not otherwise defined in this Section shall have the meanings as defined under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, along with any implementing regulations (the “CCPA”).

In the 12-month period before the effective date of this Privacy Policy, MODE has collected the following categories of Personal Information about consumers:

• ● Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
• ● Additional Personal Information described in Cal. Civ. Code Section 1798.80 such as signature, physical characteristics or description, telephone number, debit or credit card numbers.
• ● Characteristics of protected classifications under California or federal law.
• ● Commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• ● Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
• ● Geolocation data
• ● Inferences drawn from information you provide to create a personal profile concerning your consumer preferences, characteristics, predispositions, behavior, and attitudes

California consumers have the right to request, under certain circumstances, that a business that collects personal information about the consumer disclose to the consumer the information listed below for the preceding 12 months:

• ● The categories of personal information collected about you;
• ● The categories of sources from which we collected your personal information;
• ● The categories of personal information that we have sold or disclosed about you for a business purpose;
• ● The categories of third parties to whom your personal information was disclosed for a business purpose;
• ● Our business or commercial purpose for collecting or selling your personal information; and
• ● The specific pieces of personal information we have collected about you.

Please note that if we collected information about you for a single one-time transaction and do not keep that information in the ordinary course of business, that information will not be retained for purposes of a request under this section. In addition, if we have de-identified or anonymized data about you, we are not required to re-identify or otherwise link your identity to that data if it is not otherwise maintained that way in our records.

You can also request that we delete your personal information. There may be certain exceptions to our obligation to delete your information such as if you have an existing account or transaction with us or if we have a legitimate business reason to keep your information.

As a California resident, you also have the right, at any time, to tell us not to sell personal information – this is called the “right to opt-out” of the sale of personal information. At this time, we do not sell our consumers’ personal information to third parties. We will, however, honor your request to opt out of any marketing emails or correspondence.

You or your authorized agent may make a request to access, correct, delete or opt-out of the sale of your information by letting us know via the “Contact Us” details at the end of this Policy on how to submit your request.

If you use an authorized agent to submit your CCPA request, we may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request twice in a 12-month period. For emails, please include “California Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident. We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time. If you make this request by telephone, we may also ask you to provide the request in writing so that we may verify your identity. If we are unable to honor your request for any reason, we will notify you of the reason within the request time period.

Privacy Related Requests

You may use the contact information below to update or amend the Personal Information that MODE has about you, or to submit a general privacy related inquiry or request in accordance with applicable laws and regulations.

• ● Rights Requests: To exercise your rights regarding your Personal Information you may have under applicable laws.
• ● “Selling,” “Sharing,” or “Targeted Advertising”: You may opt out of the “selling,” “sharing,” or “targeted advertising” of your Personal Information described above by sending certain browser-enabled opt out signals.
• ● Limit Use of Sensitive Personal Information: If you are a California resident, to exercise your right to limit the use and disclosure of your sensitive Personal Data.

When contacting us, please be sure to provide us with your e-mail address, name, address, and/or phone number(s) so that we can verify your identify and handle your request appropriately.

Cross-Border Transfers

The Site is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. Zela makes no representation that the Site is governed by or operated in accordance with the laws of any other nation. If You are located in the European Union, Canada or elsewhere outside of the United States please be aware that information We collect may be transferred to and processed in the United States. By using this Site, or providing Us with any information, You (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where You reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, or choose to restrict the collection or use of your personal information, please contact us the following ways:

• ● By Phone: 518.436.1833, or
• ● By E-mail: privacy@modecosmetics.com
• ● Send your request by mail to: Zela International LLC, 13 Manor Street, Albany NY 12207

Updates To Our Privacy Policy

We may add to, change, update, or modify this Policy to reflect any changes to how we treat your information or in response to changes in law. Should this Policy change, we will post all changes to this Policy on this page. Any such changes, updates, or modifications will be effective immediately upon posting. The date on which this Policy was last modified is identified at the end of this Policy. You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your information according to the terms of the then-current Policy. If you do not agree with this Policy and our practices, you should not use the Site.

UPDATED AS OF: March 2025