• Consumer Privacy Policy 
  • Global Privacy Policy
  • Personal Web Site Privacy Policy
  • Independent Beauty Consultant Privacy Policy
  • User-Generated Content Licence Agreement

Consumer Privacy Policy

Scope

This Consumer Privacy Policy describes the information that Mary Kay collects about you. It details how we use that information and the choices you can make about how this information is used. The information covered in this Policy and in the Mary Kay Global Privacy Statement includes information collected about you on Mary Kay websites, and through special programs and services offered by Mary Kay Independent Beauty Consultants or third parties as described herein.

Mary Kay® products are available for purchase exclusively through our Independent Beauty Consultants. For information about privacy in connection with your visit to the Personal Web Site of a Mary Kay Independent Beauty Consultant, please see the Personal Web Site Privacy Policy tab on this page.

For Independent Beauty Consultants who wish to seek further information about privacy as it relates specifically to them, please see the Independent Beauty Consultant Privacy Policy tab on this page.

Who We Are

Mary Kay Cosmetics (U.K.) Limited, company number 02767620, whose registered office is at Third Floor, Rear Building, Cowcross Studios, 30 Cowcross Street, London EC1M 6DQ, is a member of the Mary Kay worldwide group of companies and is the data controller responsible for your personal data. This privacy policy is issued on behalf of the Mary Kay group so when we refer to "Mary Kay, "we", "us" or "our" in this privacy policy, we are referring to the relevant Mary Kay company responsible for processing your data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Mary Kay Cosmetics (U.K.) Limited
Third Floor, Rear Building,
Cowcross Studios,
30 Cowcross Street,
London EC1M 6DQ

cserviceuk@mkcorp.com
0207 380 8200

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. We cooperate with country data protection authorities if they believe that a privacy problem has occurred. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


Information We Collect

We may collect information about you from a variety of sources. This includes information we collect from you directly; information provided to us by or on behalf of your Independent Beauty Consultant for purposes of providing a better customer experience for you; information we collect about you when you visit our sites or view Mary Kay® online advertisements; and information we collect about you from other sources (where permitted by law).

Information we collect directly from you: 
We collect information directly from you when you choose to participate in our offers and programs or otherwise provide information directly to us. The following are examples of information we may collect directly from you:

• Name, email address, postal address
• Username and password
• Phone number or mobile number
• Age
• Date of birth
• Name of your Independent Beauty Consultant
• Other information about you and your family such as gender or product use preferences and/or behaviors
• Demographic information
• Future communication preferences
• Contact information for friends you may wish us, or your Independent Beauty Consultant to contact. When you provide us information for these refer-a-friend messages we use the information only to send the message you request.

Information we collect when you visit our sites, use our services, or view our online advertisements: We use cookies and other technologies to collect information about you when you visit our sites, use our services, or view online advertisements.

The following are examples of information we may collect with these technologies:

• Your browser type and operating system
• Web pages you view
• Links you click
• IP address
• Site you visited before coming to our site
• Mary Kay emails you open and/or forward
• Mary Kay offers or links you connect to via emails
• Information about your visits to the Personal Web Site of your Independent Beauty Consultant
• Your product selections and preferences

Please also see “Cookies, Web Beacons and Other Technologies” section below.


How We Use This Information

We use the information we collect to provide offers, products and services to you, to fulfill our legal obligations and for the purposes identified below where in our legitimate interests and such interests are not overridden by your privacy rights. Please note that we may process your personal information on more than one lawful ground depending on the specific purpose for which we are using it. This information helps us connect you with an Independent Beauty Consultant from whom you can purchase products, tell you about the exciting opportunity to become a Mary Kay Independent Beauty Consultant, and to manage our sites and services, including services for the Independent Beauty Consultants.

The following are specific ways we may use the information we collect about you:

• Send samples, products and information upon request
• Develop new and enhanced products and services
• Enroll you in contests, programs, or offers you request or at the request of your Independent Beauty Consultant
• In connection with services we offer to your Independent Beauty Consultant
• Create and manage your account and/or the account of your Independent Beauty Consultant
• Process payment for purchases or other services for or on behalf of your Independent Beauty Consultant
• Protect against or identify possible fraudulent transactions
• Where permitted by law, provide you with customized, unsolicited offers and information about Mary Kay’s products and services through postal mail, including in connection with services provided to your Independent Beauty Consultant
• Develop and provide advertising tailored to your interests
• Analyze the use of our products, services, and sites
• Understand how you arrived at our site and how you use the site so that we can make it better
• Determine the effectiveness of our advertising
• Enforce our Terms and Conditions and otherwise manage our business

We will only use this information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose.


Your Choices & Access to Your Information

Choices:
 We give you choices about how we communicate with you.

Digital and Electronic Communications: We only send you promotional mobile or email messages if you ask to receive these from us or if your Independent Beauty Consultant asks us to send them to you.

You can stop receiving promotional mobile and email messages from Mary Kay at any time. Follow the opt out or unsubscribe instructions provided in any such message you receive from us or click here to find out additional information about how to let us know which materials you no longer wish to receive.

If you provided information to an Independent Beauty Consultant through her Personal Web Site, you can click here for information on how you may submit a request to your Independent Beauty Consultant regarding your preferences to receive or not receive communications from her through her Personal Web Site.

Access:
 We acknowledge the right of individuals to access their personal information. We take steps to keep your personal information accurate. You can view, correct or update the personal contact information you provide to Mary Kay. Some Mary Kay programs provide access to view or update personal information online. Check where you registered to learn if you can view or update your information there. If you provided your information to an Independent Beauty Consultant through her Personal Web Site, please contact her directly to update your personal information. You also have certain legal rights which are described below under ‘Data Subject Rights’. If you have any questions, you can contact us using the above contact details or contact Customer Service or the Global Privacy Team.

 
Cookies, Web Beacons and other Technologies

How we use Cookies, Web Beacons and other Technologies: We use these technologies to provide you a richer and more personalized consumer experience. We use internet cookies to collect, and store personal information and other technologies and provide you notice of their use, seeking permission as necessary. See below for more detail.

Cookies:
 A cookie is a small file placed on your computer by a website that uses the cookie to store information about your use of the website. We use cookies to monitor how our sites are used and to help personalize your online experience. For example, when you register on our sites, we may store a unique code in a cookie on your computer. The next time you come back to the site from that computer, our servers use the cookie to recognize you. We can then use the information you provided when you registered combined with your activities on our sites to provide you a better website experience.

You can accept or decline cookies. Most browsers automatically accept cookies. To learn more about cookies, including how to refuse cookies on your computer, click these links:

• For Microsoft Internet Explorer: https://support.microsoft.com/en-us/help/260971/description-of-cookies
• http://www.allaboutcookies.org/cookies/
• http://support.google.com/chrome/bin/answer.py?hl=en-GB&answer=95647

Web Beacons: Web beacons are small bits of code embedded in web pages or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We also may include web beacons in e-mails to learn if messages have been opened, acted on, or forwarded.

You can disable the ability of web beacons to capture information in this manner by declining cookies as described above.

Other Technologies:
 Examples of other technologies we may use to provide better service to you follow:

• Web Session Variables: Information that is passed from one web URL to another as you browse.
• Browser plug-ins/add-ons: Additional web components that may need to be installed to enable certain web features on our sites. You have the option not to install these components.

Third-Party Advertising:
 We may allow third parties, including business partners to display advertising on our sites. Some of these companies may place a cookie on your computer to recognize your computer each time they send you an online advertisement. This enables them to understand where you, or others who are using your computer, saw their advertisement and deliver ads that they believe are of interest to you. We do not control these companies’ use of cookies.

Information Sharing

The success of our business depends on your trust, and we do not sell your personal information to marketers outside of Mary Kay unless we have asked for and obtained your consent. We share your personal information only as described below and within Mary Kay.

Third-party service providers:
 We rely on third-party service providers to perform a variety of services on our behalf and may need to share your personal information with them but only for the purposes described in this Consumer Privacy Policy. Please note that we only provide our service providers with the personal information they need to perform their services and we require that they protect this information and do not use it for any other purpose.

We may rely on a service provider to:
• Fulfill your product and service requests and answer your questions.
• Host our sites and deliver our email and mobile messages.
• Mail product samples, contact contest winners, manage payments or take other actions on our behalf.
• Analyze data, sometimes combined with other sources, to send more targeted communications to you.
• Conduct research and analyze data to improve our products, services and sites.

Other situations we may disclose your personal information:

• Where permitted by law, to protect and defend the rights and property of Mary Kay (including enforcing our Terms and Conditions and Agreements).
• And when required by law, and/or public authorities.

Aggregated and non-personal information:
 We may share aggregated information that does not identify you for general business analysis. For example, we may disclose the number of visitors to Mary Kay sites or services.

Information Security

We are committed to keeping personal information secure. We have appropriate technical, administrative and physical procedures in place to protect personal information from loss, misuse or alteration.

We limit access to personal information to those who have a business need and we otherwise ensure that our security measures are appropriate to the harm which might be caused by any loss, misuse, unauthorized access, disclosure or alteration of the information. We do not keep personal information any longer than necessary to meet the business purpose for which it was collected, though in some cases, contractual, legal or regulatory reasons require that personal information not be deleted for certain time periods.

We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

When we provide your personal information to our third-party service providers we require those companies to protect the information and to not use the information for any other purpose.

When we collect or transmit sensitive information such as a credit card number, we use industry standard methods to protect that information.

Please note that we may be required to release an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.


Information Transfer

We may transfer personal information to Mary Kay databases, including Mary Kay, Inc., located in countries other than the country from which the information was provided, including the United Kingdom, the United States, and the Russian Federation. Mary Kay, Inc.’s Global Privacy Program requires the same high level of security and protection of personal information in all geographies with procedures and contracts in place to help ensure this is so.

Data may be transferred to a vendor or business partner to provide services for Mary Kay, such as targeted email communications, mailing information or samples. These vendors and business partners are required to protect and manage the personal information to the same high standards Mary Kay does, and they cannot use the information for purposes other than to provide the services Mary Kay has requested. (See ‘Third-Party Service Providers’ above).

We may transfer your personal information to countries outside of the European Economic Area (‘EEA’). Those countries, which include the United States, may not be subject to laws that provide the same level of protections that are provided by the EEA. Mary Kay 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) and the UK Extension to the EU-U.S. DPF with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-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/. 

Mary Kay commits to resolve complaints about your privacy and our collection or use of your personal information.    European Union, United Kingdom (and Gibraltar) individuals with inquiries or complaints regarding this privacy policy should first contact Mary Kay as listed above.

 

Mary Kay has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated in the United States by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit  https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

 

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.



Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process it and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see ‘Data Subject Rights’ below for further information.

If we anonymise your personal data so that it can no longer be associated with you (for example for research or statistical purposes) we may use this information indefinitely without further notice to you.


Data Subject Rights

When your personal information is collected and used by Mary Kay Cosmetics (U.K.) Limited, or if you are an Independent Beauty Consultant based in the European Union and your personal information is collected or used by any Mary Kay group company then you have certain legal rights, known as ‘data subject rights’, which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of your personal information; (ii) obtain a restriction on the processing of or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided to you, or to a third party, in a digital format. If you wish to exercise one of these rights, please contact us using the contact details set out in this privacy policy.

You will not have to pay a fee to access your personal information or to exercise any of the other rights described above. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, excessive, or results in unnecessary costs. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us to confirm your identity before providing you with access to your personal information or exercise any of your other rights, in order to ensure that your personal information is not disclosed to an unauthorised person.


Children's Online Privacy

We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to participate in and monitor their online activity.

We do not intend to collect personal information from children under the age of 14. We ask for an age confirmation in connection with the collection of personal information on our web sites in order to avoid the collection of information from individuals under the age of 14.


Changes to This Privacy Policy

We will post changes to this Privacy Policy and update the effective date when this Policy or the Global Privacy Statement is updated. If we make any material changes we will notify you by sending an e-mail to the e-mail address you most recently provided us or by posting notice of the changes on this site.


Contact Us

If you have any concerns or questions about the security of your information in connection with Mary Kay or any of our web sites, or if you have any additional questions relating to Privacy at Mary Kay please contact us using the contact details below:

Mary Kay Cosmetics (U.K.) Limited
Third Floor, Rear Building,
Cowcross Studios,
30 Cowcross Street,
London EC1M 6DQ

cserviceuk@mkcorp.com
0207 380 8200

or at

Mary Kay Global Privacy Team
16251 Dallas Parkway
Addison, TX 75001 U.S.A.

privacy.global@mkcorp.com
1-800-453-1140

Global Privacy Statement

At Mary Kay, we understand the importance of privacy. Our most important goal is to protect, collect and use personal information provided to us in the spirit of one of our most important founding principles - the Golden Rule. Your choice with regard to your personal information is important to us and we will use and maintain information only in ways we have disclosed to you when you trust us with that information. Therefore, we do not trade, sell or lease personal information entrusted to us. This Global Privacy Statement describes how we work to maintain your trust.

We strive to be consistent in how we implement privacy policies across the globe. Our privacy policies are designed to comply with the laws in each country where we do business and apply to:

1. All individuals who provide personal information to us, such as Independent Beauty Consultants, consumers, customers, research subjects, business partners, shareholders, job applicants, employees, retirees, and others;

2. All countries where we operate, even where local privacy regulations do not exist;

3. All methods of contact such as the Internet, direct mail, telephone and mobile, and any other emerging technologies and methods that might be used.

Mary Kay manages privacy through our Global Privacy Team, representing all geographic regions where we do business and all business processes where personal information is collected — such as from Independent Beauty Consultants, consumer promotions, and employee programs. Mary Kay seeks to promote and utilize industry best practices to ensure privacy concerns are addressed and that personal information is protected.

Our privacy policies are designed to model internationally accepted privacy principles, or fair information practices, such as those established by the EU-U.S. Data Privacy Framework (DPF).

Mary Kay has certified that it adheres to the EU-U.S. Data Privacy Framework and the UK Extension to the EU-US DPF principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Data Privacy Framework, and to view our certification page, please visit https://www.dataprivacyframework.gov/. 


Why We Collect Information

Mary Kay collects and uses personal information to provide an incredible business opportunity, fabulous products, and services of superior quality for Independent Beauty Consultants and their customers, consumers of our products and services, employees, and others who may come into contact with Mary Kay. We limit the collection of personal information to what is relevant in order to achieve our goals of providing superior quality, value and opportunities. For example, we use e-mail addresses to send Independent Beauty Consultants, consumers, employees and job applicants information they have requested, and Independent Beauty Consultant and consumer feedback on products and services is used to improve those products and services.

Notice

We tell individuals what information we collect, how it is used, whether it may be transferred to others to provide the products or services requested, and how to contact the their local Mary Kay company or the Mary Kay Privacy Team with inquiries. We provide a link to our Privacy Policies on our websites, and provide additional targeted privacy notices to users who may need additional information about different areas on our websites when appropriate.

Choice

We offer individuals who provide us with information choices about receiving further communications from us. Our emails and newsletters are sent only to those who have asked to receive them from us or when we are requested to send them to you by your Independent Beauty Consultant. Our communications tell you how to unsubscribe or “opt-out” of receiving future communications. We may ask individuals if they wish to participate in market research, and then contact them if they give us their permission.

Technology

Mary Kay uses technology in order to better serve Independent Beauty Consultants, consumers, employees, and others. We tell individuals when we use technologies that are privacy related. We use internet cookies to collect and store personal information and we give you notice of their use, seeking permission when necessary, depending on the country in which you reside.
Access

Mary Kay takes steps to make sure that the personal information we use is correct. We provide individuals with reasonable access to the personal information that has been provided to us so that they can review and correct it, or ask us not to use it.

Security

Mary Kay protects the personal information under its control by industry standard security practices and measures in order to prevent loss, misuse, unauthorized access, disclosure or alteration of the information. We limit access to personal information to those who have a business need for such information. We do not keep personal information any longer than necessary to meet the purpose for which it was collected unless contractual, legal or regulatory reasons require that personal information not be deleted for certain time periods.

Data Transfer

We may transfer personal information to Mary Kay databases in countries other than the country from which it was provided. Our Global Privacy Program requires the same high level of security and protection of personal information in all countries, with procedures and contracts in place to help ensure this is so. Data may be transferred to a vendor or business partner to provide services for Mary Kay and/or Independent Beauty Consultants. These vendors and business partners are required to protect and manage the personal information to the same high standards as Mary Kay. They cannot use the information for purposes other than to provide the services you, Mary Kay or your Independent Beauty Consultant has requested.

Children

Mary Kay does not intend to collect information from children under the age of 14, or such other age as designated by a country-specific law. We ask for age confirmation on our websites before collecting personal information to make sure that we do not collect information from children.

Accountability

Mary Kay expects our employees and partners to maintain the trust placed in us by those who give us personal information. We provide privacy training to employees and highlight the importance of privacy in our worldwide business conduct program. Those who manage personal information complete privacy self-assessments to make sure that personal information is secure and protected. We periodically audit privacy compliance.

Mary Kay privacy policies and data protection practices are extended by contract to our supplier and partner relationships. We also support industry self-regulation as a flexible means for keeping pace with emerging privacy issues.

For more information or to review a country-specific Privacy Policy, click here.

Contact Us

If you have questions or concerns regarding your privacy, please contact us directly. Click here to select your country and be linked to the correct address or e-mail address to use in your specific location, or use the postal address or email address below. Please feel free to use your native language when sending your questions or comments.

Otherwise, you can contact us at this address:

Mary Kay Cosmetics (U.K.) Limited
Third Floor, Rear Building
Cowcross Studios
30 Cowcross Street
London EC1M 6DQ

cserviceuk@mkcorp.com
0207 380 8200

OR

Mary Kay Global Privacy Team
16251 Dallas Parkway
Addison,
TX 75001
USA

privacy.global@mkcorp.com

(800) 453-1140

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. We cooperate with country data protection authorities if they believe that a privacy problem has occurred.
Mary Kay Inc. participates in the U.S. Council of Better Business Bureau’s (BBB) Accredited Business Program. Further information about this program and its dispute resolution process is available at http://www.bbb.org/.

Privacy Rights in the UK and European Union

Mary Kay complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-US DPF as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and the United Kingdom (the UK including Gibraltar) transferred to the United States.  Mary Kay 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.  If there is any conflict between the terms in this privacy policy and the EU-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/.

Mary Kay commits to resolve complaints about your privacy and our collection or use of your personal information.    European Union, United Kingdom (and Gibraltar) individuals with inquiries or complaints regarding this privacy policy should first contact Mary Kay as listed above.

 

Mary Kay has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated in the United States by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit  https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

 

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.

Notification of Policy Changes

Mary Kay will notify you of major content changes to our Global Privacy Statement by outlining and posting the changes along with the new version on this website.

Last updated: December 2023

Personal Web Site Privacy Policy

Mary Kay is proud to support the efforts of Mary Kay Independent Beauty Consultants through programs such as Personal Web Sites that allow Independent Beauty Consultants an opportunity to reach out to their customers through online tools and convenient around the clock access to information about Mary Kay® products and services offered to you by the Independent Beauty Consultant.

When you provide your information to your Independent Beauty Consultant through her Personal Web Site, your information is placed in a secure location on behalf of your Independent Beauty Consultant. Your information will be shared with Mary Kay but will not be shared with others, other than as set out in this Privacy Policy, without your permission.

Who We Are

Your Independent Beauty Consultant is the Independent Beauty Consultant upon whose Personal Web Site you provide and/or provided your information. Your Independent Beauty Consultant’s contact details are located on her Personal Website.

Mary Kay Cosmetics (U.K.) Limited, company number 02767620, whose registered office is at Third Floor, Rear Building, Cowcross Studios, 30 Cowcross Street, London EC1M 6DQ, is a member of the Mary Kay worldwide group of companies and when we refer to "Mary Kay” in this privacy policy, we are referring to the relevant Mary Kay company responsible for processing your data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact your Independent Beauty Consultant or Mary Kay using the above contact details.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. We cooperate with country data protection authorities if they believe that a privacy problem has occurred. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


Information Collected on the Personal Web Site

Information that you choose to provide to your Independent Beauty Consultant on her Personal Web Site may include:

Name, email address, postal address
Username and password
Phone number
Age
Date of birth
Name of your Independent Beauty Consultant
Skin type, tone and information related to skin care and cosmetic preferences
Other information about you such as gender or product use preferences and/or behaviors
Demographic information
Future communication preferences
Contact information for friends or family you may wish for your Independent Beauty Consultant to contact

While on the Independent Beauty Consultant’s Personal Web Site, cookies and other technologies are used to collect information about you and your use of the site. The following are examples of information that may be collected with these technologies:

Your browser type and operating system
Web pages you view
Links you click
IP address
Site you visited before coming to our site
Offers or links you connect to from the site
Information about your visits to or from the Personal Web Site
“Shopping Cart” information
Purchase history


How This Information is Used

Your Independent Beauty Consultant uses the information you provide on the Personal Web Site to:

Provide you with superior quality service
Tell you about new products and promotions that may be of interest to you
Communicate with you regarding your product orders and preferences
Facilitate the sale of products to you
Arrange for product orders and delivery
Understand your product preferences and send you information or samples
Provide you with information about special offers, promotions or contests
Schedule appointments or provide information about hosting events
Send notifications regarding purchase, payment and shipment information
Mary Kay uses the information you provide on the Personal Web Site to:
Facilitate the processing of payment for purchases or other services for or on behalf of your Independent Beauty Consultant
Protect against or identify possible fraudulent transactions
Assist the Independent Beauty Consultant in identifying your preferences
Analyze the use of Mary Kay products, services, and sites
Understand how you arrived at the Personal Web Site and how you use the site so that we can make it better for you and your Independent Beauty Consultant
Determine the effectiveness of the Personal Web Site
Enforce the Personal Web Site Terms and Conditions and otherwise manage and secure the site and business
Ask you if you wish to participate in market research, and then contact you if you give us permission
Facilitate communication or information you have requested from your Independent Beauty Consultant
The information you provide will only be used for the purposes for which it is collected. Your information will only be used for another purpose if that other purpose is compatible with the original purpose.

Your Choice and How to Access Your Information

When using the Personal Web Site, you are providing your information to the Independent Beauty Consultant. Mary Kay also has access to your information for the purpose of providing its services to you and to your Independent Beauty Consultant as described in the ‘How This Information is Used’ section above. However, rest assured that Mary Kay treats your information provided through the Personal Web Site in accordance with the standards set forth in our Consumer Privacy Policy and our Global Privacy Statement in addition to this Privacy Policy. Please refer to those privacy policies for further information.

If you provide information directly to Mary Kay through the Personal Web Site, you can contact Mary Kay directly to request to stop future communications directly from Mary Kay in connection with the Personal Web Site. Please contact Mary Kay for more information or to make a request or click here to submit a request online. You will need to contact your Independent Beauty Consultant directly to request that your Independent Beauty Consultant does not forward or otherwise send information to you that is not sent directly by Mary Kay through the Personal Web Site program.

You can view, correct or update the personal contact information you provide through the Personal Web Site by contacting your Independent Beauty Consultant. You also have certain legal rights which are described below under ‘Data Subject Rights’. If you have any questions, you can contact either your Independent Beauty Consultant or Mary Kay using the above contact details.

Third Party Service Providers

Your Independent Beauty Consultant may choose to utilize services offered by Mary Kay and third-party service providers to help provide you with an efficient, high quality service. When using third-party service providers the Independent Beauty Consultant and/or Mary Kay may need to share your personal information with them but only for the purposes described in this Privacy Policy. Please note that such service providers are given only the personal information they need to perform services requested and they are required to protect your information and not use it for any other purpose.

Service providers may be utilized to:

Fulfill your product and service requests
Host sites and deliver email and mobile messages
Mail product samples, contact contest winners, manage payments or take other actions on behalf of your Independent Beauty Consultant
Analyze data, sometimes combined with other sources, to send more targeted communications to you
Conduct research and analyze data to improve the products, services and sites made available to you
Facilitate payment or order processing
Information Security

Mary Kay is committed to keeping personal information secure. We have appropriate technical, administrative and physical procedures in place to protect personal information from loss, misuse or alteration.

Mary Kay limits access to personal information to those who have a business need and we otherwise ensure that our security measures are appropriate to the harm which might be caused by any loss, misuse, unauthorized access, disclosure or alteration of the information. We do not keep personal information any longer than necessary to meet the business purpose for which it was collected, though in some cases, contractual, legal or regulatory reasons require that personal information not be deleted for certain time periods.

We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

When we provide your personal information to third party service providers we require those companies to protect the information and to not use the information for any other purpose.

When we collect or transmit sensitive information such as a credit card number, we strive to use industry standard methods to protect that information.

Information Transfer

Your personal information may be transferred to Mary Kay databases, including Mary Kay, Inc., located in countries other than the country from which the information was provided, including the United Kingdom, the United States, and the Russian Federation. Mary Kay, Inc.’s Global Privacy Program requires the same high level of security and protection of personal information in all geographies with procedures and contracts in place to help ensure this is so.

Your personal information may be transferred to a vendor or business partner to provide services for the Independent Beauty Consultant such as targeted email communications, mailing information or samples. These vendors and business partners are required to protect and manage the personal information to the same high standards Mary Kay does, and they cannot use the information for purposes other than to provide the services Mary Kay or your Independent Beauty Consultant have requested. (See ‘Third Party Service Providers’ above).

Your personal information may be transferred to countries outside of the European Economic Area (‘EEA’). Those countries, which include the United States, may not be subject to laws that provide the same level of protections that are provided by the EEA. Mary Kay 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) and the UK Extension to the EU-U.S. DPF with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-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/.

Mary Kay commits to resolve complaints about your privacy and our collection or use of your personal information.    European Union, United Kingdom (and Gibraltar) individuals with inquiries or complaints regarding this privacy policy should first contact Mary Kay as listed above.

 

Mary Kay has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated in the United States by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit  https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

 

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.

Data Retention

Your personal information will only be retained for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, consideration will be given to the applicable legal requirements, the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which it is processed, and whether those purposes can be achieved through other means.

In some circumstances you can ask your IBC and/or Mary Kay to delete your data: see ‘Data Subject Rights’ below for further information.

If your personal data is anonymized, so that it can no longer be associated with you (for example for research or statistical purposes), we may use this information indefinitely without further notice to you.

Data Subject Rights

If you have questions or concerns regarding your privacy, please contact us directly. Click here to select your country and be linked to the correct address or e-mail address to use in your specific location, or use the postal address or email address below. Please feel free to use your native language when sending your questions or comments.

You have certain legal rights, known as ‘data subject rights’, which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of your personal information; (ii) obtain a restriction on the processing of or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided to you, or to a third party, in a digital format. If you wish to exercise one of these rights, please contact us using the contact details set out in this privacy notice.

You will not have to pay a fee to access your personal information or to exercise any of the other rights described above. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, excessive, or leads to unnecessary costs. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us to confirm your identity in order to access your personal information or exercise any of your other rights, in order to ensure that your personal information is not disclosed to an unauthorised person.
Contact Us

If you have any concerns or questions about the security of your information or if you have any additional questions relating to Privacy with respect to the personal information provided on the Personal Web Site, please contact your Independent Beauty Consultant, whose contact information is set forth on her Personal Web Site, or contact Mary Kay using the contact details below:

Mary Kay Cosmetics (UK) Ltd.
Third Floor, Rear Building
Cowcross Studios
30 Cowcross Street
London EC1M 6DQ

cserviceuk@mkcorp.com
0207 380 8200

OR

Mary Kay Global Privacy Team
16251 Dallas Parkway
Addison,
TX 75001
USA

privacy.global@mkcorp.com
(800) 453-1140

Independent Beauty Consultant Privacy Notice

For over 50 years Mary Kay has provided limitless opportunities to Independent Beauty Consultants around the world. Trust is one of the cornerstones on which Mary Kay was built. It is in this spirit of trust and our Golden Rule philosophy that we are committed to protecting the personal information we collect about you.

This Privacy Notice was created specifically with you in mind. It describes the information we collect from Independent Beauty Consultants, how that information is used and protected, and the choices you can make about how we use and share your information.

We have separate privacy policies which deal with the information we collect from customers, and others.

Who We Are

Mary Kay Cosmetics (U.K.) Limited, company number 02767620, whose registered office is at Third Floor, Rear Building, Cowcross Studios, 30 Cowcross Street, London EC1M 6DQ, is a member of the Mary Kay worldwide group of companies and is the data controller responsible for your personal data. This privacy notice is issued on behalf of the Mary Kay group so when we refer to "Mary Kay, "we", "us" or "our" in this privacy notice, we are referring to the relevant Mary Kay group company responsible for processing your data.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Mary Kay Cosmetics (U.K.) Limited
Third Floor, Rear Building
Cowcross Studios
30 Cowcross Street
London EC1M 6DQ

cserviceuk@mkcorp.com
0207 380 8200

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. We cooperate with country data protection authorities if they believe that a privacy problem has occurred. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Information We Collect

In order to conduct our business relationship with you as an Independent Beauty Consultant, including to provide you with up-to-date product and business information for the efficient functioning of your Mary Kay business, Mary Kay collects the following information from or about you:

• Name
• Postal address
• Email address
• Username and password
• Phone number and/or mobile number
• Date of birth
• Age
• Gender
• Demographic information
• Family information, including marital status
• Government identification number
• Independent Beauty Consultant number
• Name of your recruiter, Independent Sales Director, Independent National Sales Director
• Names of individuals recruited by you
• Product order history
• Payment information (such as a credit card or financial information in connection with your orders from the company)
• Commission history
• Customer Service call information
• Other information you may choose to share with us in connection to your Mary Kay business or which is shared about you by other Independent Beauty Consultants or consumers

Unless we specifically request or invite it, we ask that you not provide us with any information that is considered “special category” personal data under EU data protection laws (such as information related to your health). If we do ever ask for such information, we will seek your explicit consent to collect and use it and we will use it only for the specific purpose to which you have consented.

How We Use This Information

As a Mary Kay Independent Beauty Consultant you are in business for yourself but not by yourself. Generally, we use the information we collect from and about you to provide the products and services you and your customers request and to promote the efficient facilitation of the Mary Kay business opportunity, to fulfil our legal obligations, our contractual obligations with you, and for the purposes identified below where in our legitimate interests and such interests are not overridden by your privacy rights. Please note that we may process your personal information on more than one lawful ground depending on the specific purpose for which we are using it.
More specifically your information is used to:

• Send orders, samples, premiums, products and information
• Tell you about products, services, promotions and benefits offered by or through Mary Kay
• Develop new products and services
• Enroll you in contests, programs, promotions or offers you request
• Provide you with information about other services that we have arranged through third parties for your convenience
• Create and manage your account(s)
• Process payment for wholesale purchases or other services
• Provide services to help you better serve your customers
• Protect against or identify possible fraudulent transactions
• Provide information regarding products and promotions from strategic partners and complementary businesses
• Develop and provide product information, advertising and business tools tailored to your interests
• Analyze the use of our products, services and sites
• Understand how you are using our websites
• Understand how you are utilizing business tools offered by Mary Kay including personal websites and other e-commerce tools
• Determine the effectiveness of our advertising and promotions
• Enforce our Terms and Conditions and otherwise manage our relationship with you
• Comply with the Independent Beauty Consultant Agreement, Independent Sales Director Agreement and/or Independent National Sales Director Agreement, as applicable
• Calculate, process and send commission payments, prizes and awards
• Send general correspondence relating to your contracts or relationship with Mary Kay
• Comply with our contractual relationship with you and other Independent Beauty Consultants, Independent Sales Directors and Independent National Sales Directors
• Manage our sites and services so that we can continue to provide you with limitless opportunities as you engage in your Mary Kay business
• Meet any applicable government or regulatory requirements

We will only use this information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose.

Use of Cookies and Other Technology

We use cookies and other technologies to collect information about you when you visit our sites, use our services or view online advertisements or other information contained on Mary Kay InTouch® or marykay.com. We may also use those techniques to make online browsing more seamless. The following are examples of information we may collect with these technologies:

• Your browser type and operating system
• IP address
• Web pages you view
• Links you click
• Mary Kay emails you open and/or forward
• Mary Kay offers or links you connect to via emails
• Web Sites which lead you to our site or are visited upon exiting our site
• Items selected

We use this information to provide you with a more user-friendly experience and to enhance the service and information we provide to you.

Your Choices And How To Access Your Information

As an Independent Beauty Consultant, it is necessary that we use your information in order to facilitate our contractual relationship with you and others, and to provide you with the most up-to-date information in order for you to be successful in the operation of your independent Mary Kay business. We offer access and choice with regard to your information in compliance with applicable law.

Choices

We give you choices regarding how we communicate with you.

Digital and Electronic Information

We send you promotional mobile or email messages that you have opted in to receive. Generally, you will have agreed to receive these communications when you sign up as an Independent Beauty Consultant or when you join the on-line community available to Independent Beauty Consultants, Independent Sales Directors and Independent National Sales Directors.

You can stop receiving particular promotional mobile and email messages from Mary Kay and third parties who may send information on our behalf by following the simple instructions provided in any such message you receive. It may be necessary to continue to send you certain information electronically pursuant to the terms of your Independent Beauty Consultant Agreement and relationship with the Company.

Postal Mail

In connection with your status as an Independent Beauty Consultant we may mail you offers, product information and marketing tools that we believe are of interest to you. While certain materials are necessary to be sent to you by mail in conjunction with your status as an Independent Beauty Consultant, you can stop receiving certain promotional postal mail from Mary Kay. Contact Customer Service to update your preferences.

PLEASE NOTE: If you choose to stop receiving promotional messages from us, we will honour your request to the extent we can do so and still facilitate our agreements with you in relation to your Independent Beauty Consultant status. We will continue to send you service related communications. We may need to maintain the information we have collected about you for record keeping, contractual requirements, analysis or other reasons to the extent required/permitted by law.

Access

We take steps to keep your personal information accurate. You can view, correct or update the personal contact information you provide Mary Kay. Most Mary Kay programs provide access to view or update personal information online including Mary Kay InTouch® and Personal Web Sites. You also have certain legal rights which are described below under ‘Data Subject Rights’. If you have any questions, you can contact us using the above contact details or contact Customer Service or the Global Privacy Team.

Sharing of Information

In general, we do not share personal information with marketers outside of Mary Kay. There are circumstances where special offers may be available to Independent Beauty Consultants by third-party companies and in those instances we will only provide your information if we have clearly provided notice and obtained your consent.

We may share your information with potential customers who have contacted us for a referral to an Independent Beauty Consultant, if allowed by law and/or if you give us specific permission to pass on this information to potential customers.

We share information with other Independent Beauty Consultants in order to facilitate contractual obligations pursuant to the Independent Beauty Consultant Agreement, including to your recruiter, Independent Sales Director(s) and Independent National Sales Director(s), for the purpose of honouring our agreements with you and with them. We only provide personal information needed in order to facilitate support for you and contractual compliance.

Third-Party Service Providers

We rely on third-party service providers to perform a variety of services on our behalf. In so doing, we may need to share your personal information with them but only for the purposes described in this Privacy Notice. Please note that we only provide our service providers with the personal information they need to perform their services and we require that they protect this information and do not use it for any other purpose.

We may rely on a service provider to:

• Fulfill your product and service requests and answer your questions
• Host our sites and deliver our email and mobile messages
• Mail product samples, contact contest winners, manage payments or take other actions on our behalf
• Analyse data, sometimes combined with other sources, to send more targeted communications to you or, at your request, for your customers
• Conduct research and analyse data to improve our products, services and sites
• Perform other services that we request

Sharing of Information within Mary Kay Independent Sales Force


• For purposes of recognition and awards
• To facilitate mentorship and connection within the independent sales force community
Other Situations
We may also disclose your personal information:
• In order to provide first class Golden Rule Service around the globe, we may share personal information with other Mary Kay entities through a protected environment.
• When required by law, and/or public authorities.
We may share aggregated information that does not identify you for general business analysis. For example, we may disclose the number of visitors to Mary Kay sites or services.

Data Transfer


We may transfer personal information to Mary Kay databases, including Mary Kay, Inc., located in countries other than the country from which the information was provided, including the United Kingdom, the United States, and the Russian Federation. Mary Kay, Inc.’s Global Privacy Program requires the same high level of security and protection of personal information in all geographies with procedures and contracts in place to help ensure this is so.

Data may be transferred to a vendor or business partner to provide services for Mary Kay, such as mailing information or samples. These vendors and business partners are required to protect and manage the personal information to the same high standards Mary Kay does, and they cannot use the information for purposes other than to provide the services Mary Kay has requested. (See ‘Third-Party Service Providers’ above).

We may transfer your personal information to countries outside of the European Economic Area (‘EEA’). Those countries, which include the United States, may not be subject to laws that provide the same level of protections that are provided by the EEA. Mary Kay 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) and the UK Extension to the EU-U.S. DPF with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-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/.

Mary Kay commits to resolve complaints about your privacy and our collection or use of your personal information.    European Union, United Kingdom (and Gibraltar) individuals with inquiries or complaints regarding this privacy policy should first contact Mary Kay as listed above.

 

Mary Kay has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated in the United States by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit  https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

 

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.

Security

Mary Kay protects personal information under company control by industry standard security practices and measures, in order to prevent loss, misuse, unauthorized access, disclosure or alteration of the information. We limit access to personal information to those who have a business need for such information and we otherwise ensure that our security measures are appropriate to the harm which might be caused by any loss, misuse, unauthorized access, disclosure or alteration of the information. We do not keep personal information any longer than necessary to meet the business purpose for which it was collected, though in some cases, contractual, legal or regulatory reasons require that personal information not be deleted for certain time periods.

We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process it and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see ‘Data Subject Rights’ below for further information. However, please note that in some circumstances, we will be required by law to maintain certain personal data after such a request is made.

If we anonymise your personal data so that it can no longer be associated with you (for example for research or statistical purposes) we may use this information indefinitely without further notice to you.

Data Subject Rights

When your personal information is collected and used by Mary Kay Cosmetics (U.K.) Limited, or if you are an Independent Beauty Consultant based in the European Union and your personal information is collected or used by any Mary Kay group company then you have certain legal rights, known as ‘data subject rights’, which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of your personal information; (ii) obtain a restriction on the processing of or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided to you, or to a third party, in a digital format. If you wish to exercise one of these rights, please contact us using the contact details set out in this privacy notice.

You will not have to pay a fee to access your personal information or to exercise any of the other rights described above. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive excessive, or results in unnecessary expenditures. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us to confirm your identity in order to access your personal information or exercise any of your other rights, in order to ensure that your personal information is not disclosed to an unauthorised person.

Changes to This Privacy Policy

We reserve the right to change this Privacy Notice and any changes will become effective upon publishing the revised Privacy Notice on the Mary Kay UK web site, or as required by law. If we make material changes to this Privacy Notice, we will notify you by publishing a notice on the Mary Kay UK web site before the change comes into effect.

Contact Us

If you have any concerns or questions about the security of your information in connection with Mary Kay or any of our web sites, or if you have any additional questions relating to Privacy at Mary Kay please contact us using the contact details below:

Customer Services
Mary Kay Cosmetics (U.K.) Limited
Third Floor, Rear Building
Cowcross Studios
30 Cowcross Street
London EC1M 6DQ

cserviceuk@mkcorp.com
0207 380 8200

or at

Mary Kay Global Privacy Team
16251 Dallas Parkway
Addison, TX 75001 U.S.A.

privacy.global@mkcorp.com
1-800-453-1140

User-Generated Content License Agreement

1. General Provisions

This User-Generated Content License Agreement (“Agreement”) is by and between Mary Kay Inc., its affiliates, and subsidiaries (collectively, “Mary Kay”, “we”, “our”, or us”) and you (“you”, “your” or “USER”).

The terms and conditions of the Agreement apply to our use of any words, pictures, images, data, video, information or any other ‘user-generated content’ (the “User Generated Content” or “UGC”) that you upload, post, or share via MKI’s website, mobile apps, social media pages, or other related services (the “Services”) or via third-party websites and platforms including but not limited to Instagram, Facebook, Pinterest, YouTube, Snapchat, TikTok, and Twitter (the “Third-Party Platforms”) and which we use on our websites, print advertisements, videos, platforms, apps, in other marketing channels, or in any Mary Kay owned social media platforms (“Mary Kay Media”).
 
Mary Kay reaches out to USERs of Services and Third-Party Platforms to seek their permission to feature our favourite UGC on Third-Party Platforms or Mary Kay Media. You are reading this because Mary Kay has requested your permission to use your UGC. It is not necessary to purchase anything from Mary Kay to contribute your UGC to Mary Kay Media.

If you choose to allow us to use your UGC by providing us with consent in one of the ways described in this Agreement, you shall be bound by this Agreement, Mary Kay’s Privacy Policy , as well as the terms of use of any relevant Third-Party Platform (if applicable). If you do not agree to the terms of this Agreement, do not provide us with the consent to use your UGC. 
 

2. Ways of providing consent (permission) to our use of your UGC

We will contact you on the relevant Third-Party Platform, our Mary Kay platform, or another platform which provides Services, to ask for your explicit consent to use your Content. We will ask you to reply to us confirming whether you give Mary Kay permission to use your UGC. You can provide us with your explicit written which confirms you agree to allow us to use your UGC in Mary Kay Media, for example, “yes”, “OK”, “Agree” and other similar words in any language. You must respond directly to us within the same chat, thread or by private message to release the agreed UGC to us. If we do not receive your response within 7 days from the date we contacted you, we will assume that you do not consent to our use of your UGC and your UGC will not be used by us in any Mary Kay Media.

3. By consenting to our use of your UGC, you agree to provide Mary Kay with the license on the following terms and conditions

3.1. Licensed Parties. USERs retain ownership of USER’s UGC (but excluding any ownership related to Services). At the same time, USERs agree to grant a non-exclusive, worldwide license (as detailed below) to Mary Kay and its executives, employees, related subsidiaries, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, third-party service providers and their respective marketing or public relations agencies and other affiliates, and all other users of the Services (the “Licensed Parties”).

3.2. License of UGC. Once USER allows us to use USER’s User Generated Content by providing us with the consent, USER irrevocably grants to the Licensed Parties the non-exclusive, assignable, sub-licensable, worldwide, perpetual, royalty-free, no-cost license and right to use and otherwise exploit USER’s User Generated Content, in whole or in part, and all USER social profile information, code, content, content descriptions, and other materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, including on the Internet, in any commercial manner, and in advertising and promotion of Mary Kay and its products and services, throughout the world and in any and all languages without the requirement to make payment to you or to any third party or the need to seek any third party permission. The Licensed Parties will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses with no obligations to you, whether financial, credit, approval of changes or otherwise. USER hereby forever waives and relinquishes all so-called “moral rights” now or hereafter recognized (e.g., to be named as the author or to protect the integrity of your UGC.). The Licensed Parties shall have and retain all right, title, and interest in and to the data resulting from such derivative works, including without limitation, encoding, compressing, formatting, and processing of audio and video data.

3.3. The License of Name and Likeness. USER also irrevocably grants the Licensed Parties the perpetual, royalty-free, and worldwide right to use their name, voice, likeness, image, photograph, biographical material, logos, marks or trade names, or other information provided or obtained (“Name and Likeness”), including without limitation, the right to publicly display, publicly perform, distribute, and reproduce the UGC, name, voice, likeness, social profile information and biographical material, in connection with the Services, the User Generated Content, in derivative works thereof, and in any advertising, publicity and exploitation material for purposes of advertising or promoting Mary Kay, its products and/or services.

3.4. No fees or obligations to return. USER agrees that no money will be owing to any party because of the posting of the UGC or its use as contemplated by the Services and this Agreement or for any use, distribution, or other exploitation of the UGC or any rights therein, whether as part of the Services or otherwise. USER also agrees that the Licensed Parties shall not be responsible for the return or preservation of UGC submitted or any elements thereof. This permission is given to the Licensed Parties with the knowledge that it will be relied thereon at substantial cost to the Licensed Parties, and USER agrees not to assert any claim against the Licensed Parties of any nature whatsoever arising by reason of its use of such UGC.

3.5. Mary Kay’s lack of Obligations. We reserve the right, but have no obligation, to take any legally available action that we deem appropriate, in our sole discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing your UGC at any time without notice for any reason whatsoever.

3.6. Intellectual Property. Your use of Mary Kay trademarks or tradenames must be conducted in accordance with your Mary Kay independent sales force agreements and any relevant Mary Kay guidelines, if applicable. You agree that all goodwill that arises in connection with your use of Mary Kay’s trademarks inures exclusively to Mary Kay and agree not to challenge Mary Kay’s ownership or control of any Mary Kay trademarks. You acknowledge and agree that you do not acquire any ownership or other rights in property information and materials of Mary Kay by authorizing the use of your UGC or otherwise using or accessing the Services. The Services, their parts may be protected by copyright, trademark, and other intellectual property laws. For purposes of certainty, USER may not make any commercial or any other use of the Services.

3.7. Non-Confidentiality of UGC. You agree that your UGC will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies.
 

4. Representations, warranties, and indemnity

4.1. READ AND AGREE. BY PROVIDING CONSENT TO USE YOUR UGC TO MARY KAY, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. OTHERWISE, YOU AGREE NOT TO PROVIDE THE CONSENT TO USE YOUR UGC TO MARY KAY.

4.2. Age of Majority and Authority. By providing your UGC to Mary Kay, you represent and warrant that you are at least the age of majority in your country of residence (which is eighteen (18)  in most countries) and you have the right to execute and fully perform this Agreement.

4.3. No Prohibited UGC Content. By providing your UGC to Mary Kay, you represent and warrant that the UGC does not contain any Prohibited UGC content that:
  • 4.3.1. is known by you to be false, inaccurate, or misleading;
  • 4.3.2. infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
  • 4.3.3. violates any law, statute, ordinance, or regulation including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising (NOTE: this specifically includes the use of filters when advertising the benefits of certain skincare or makeup products);
  • 4.3.4. is, or may reasonably be abusive, illegal, defamatory, libelous, indecent, hateful, racially, or religiously biased or offensive, slanderous, indecent, obscene, pornographic, sexually explicit, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation in any way; or that encourages anyone to break any local, state, national or international law;
  • 4.3.5. that impersonates or attempts to impersonate Mary Kay or any of its employees, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);
  • 4.3.6. that includes any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers) unless appropriate consent has been secured by relevant entities or individuals, per clause 4.4;
  • 4.3.7. that contains any computer viruses, worms, Trojan horses, spyware or other potentially damaging technologies, computer programs or files or malicious code that could impact the operation of our Services or any computer or other device;
  • 4.3.8. that contains any persons who have not consented or are unable to consent (whether due to being below the age of majority or otherwise incapable) to the Licensed Parties’ use of their Name and Likeness under clause 4.2 of this Agreement.
4.4. Name and Likeness of Others. By providing your UGC to Mary Kay, you represent and warrant that you have obtained permission for you to use and for the Licensed Parties to use the personally identifiable information of any individuals contained in the UGC, in the same manner as to which you agreed under this Agreement. USER represents and warrants that USER has all the necessary rights, licenses, clearances and consents needed from third parties in order for you to submit UGC (including, but not limited to all copyright and right of publicity and privacy rights) and for USER to comply with the terms of this Agreement (e.g., if someone has taken a video of you and your friend, and you submit that video to Mary Kay as your UGC, then you must obtain your friend’s and the photographer’s permission to do so). We may require, at any time, proof of the permissions referred to above in a form acceptable to us. If you ever have reason to believe that you have not maintained any of these rights or obligations, you must provide immediate notice to Mary Kay.
4.5. Original Work. USER hereby represents and warrants that his or her contribution to UGC are wholly original with USER and are not a copy or imitation of any other material; will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, publicity, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity; and are not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.
4.6. Indemnity. USER agrees to indemnify, hold harmless, and defend the Licensed Parties from any claim or liability related in any way to this Agreement, your use of the Services, the Licensed Parties’ use of your UGC, or relating to any breach of any representation, warranty or covenant made by USER in this Agreement.
4.7. Liability. To the extent permitted by law, Mary Kay accepts no liability for any damage, loss or injury suffered due to this Agreement.
 


5. Miscellaneous

5.1. Terms of Service and Privacy Policy. By using the Services, you acknowledge and accept Mary Kay’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy and this Agreement.

5.2. Right to Modify. Mary Kay reserves the right to modify this Agreement at any time without prior notice (“Updated Agreement”). You agree that we may notify you of the Updated Agreement by posting it on the Services so that it is accessible via a link on the Services, and that your use of the Services after we post the Updated Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Agreement. Therefore, you should review this Agreement on a regular and frequent basis. The Updated Agreement will be effective as of the time that Mary Kay posts it on the Services or such later date as may be specified in it.

5.3. Notice. You must send any notice related to this agreement to Mary Kay by email to the customer service department on cserviceuk@mkcorp.com

5.4. Governing law. Any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of United States and the courts of Texas shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).