Privacy Policy

Before you begin enjoying the obagi.com website (the “Site”), you should be aware that in addition to the Terms of Use, your use of the Site is also subject to the following Privacy Policy. We respect your privacy and recognize the need for appropriate protection and management of any personally identifiable information that you may share with us. Since we collect certain types of information about our Site visitors, you should fully understand the conditions of our collection and use of such information. Please take a moment to learn our Privacy Policy before using and/or submitting information on the Site. If you are located in a non-US jurisdiction, please note that you may be transferring your personally identifiable information to the United States, a jurisdiction that may not provide an equivalent level of data protection to the laws in your home country. By using this Site, you agree to the terms of the Privacy Policy described below. If you do not consent to the terms of the Privacy Policy, do not use this Site.

Non-Identifiable Information is Automatically Collected and Stored

During your visit, Obagi will automatically collect and temporarily store the following information about your computer and your visit: The domain and host from which you access the Internet; the Internet address of the website from which you linked directly to the Site, if applicable; the date and time you arrived at our Site; how long you spent on the Site; which pages you visited; your Internet Protocol (IP) address; and your computer’s operating system and browser software. We do not use this information to determine the individual identity of any visitor.

When you view our Site, we may store some information on your computer. This information will be in the form of a "cookie" or similar file. "Cookies" are pieces of data stored on the visitor’s computer tied to information about the visitor. Information gathered through cookies and web server logs may include information such as the date and time of visits, the pages viewed, time spent at the Site and the Sites visited just before and just after our Site. We may also use information gathered from cookies to personalize your visit, to gather information and statistics about visits to our Site, to better understand visitors’ online behaviors, and to help select and display targeted advertisements that we believe may be of interest to you.

Personally Identifiable Information that You Provide to Us

If you participate in any contests posted on the Site, join our Obagi Inner Circle or provide us with testimonials, photos, videos or comments, we may request that you voluntarily provide us with personally identifiable data such as your name, address, e-mail address, telephone number, and other personal information. This personal information is used for our internal tracking purposes, information correction, internal records, and in order to contact you to respond to your questions, to inform you of any product or promotional offers that we may run and provide you with information we believe may be of interest to you.

We will not sell, share or otherwise distribute your personally identifiable information to third parties except as provided herein. We may share the information you provide to us with our affiliates, including, Obagi Cosmeceuticals LLC, Medicis Corporation, any subsidiaries, strategic partners, authorized distributors, successors or assigns or any entity merged with or into Obagi. Additionally, personally identifiable information may occasionally be transferred to third parties who act on our behalf or in connection with our business, for further processing in accordance with the purposes for which the data was originally collected (e.g.— an e-mail campaign or contest administrator). Where disclosure of personally identifiable information to a third party is likely or necessary, further explanation may be provided, where appropriate, at such collection points as to the intended use of the data. We will require that such third parties protect the information and where appropriate, we will contractually require them to process data transferred only for the purposes expressly authorized by us. Information that is not personal or is not associated with any personally identifiable data, such as questions, comments, ideas and suggestions, shall be deemed to be non-confidential and we will be free to disclose and use it for any purpose, without any obligation whatsoever to you.

You should remember that if you choose to contact us through our Site, any information that you transmit electronically via the world wide web may not be secure and we assume no liability for the loss of any information that you transmit via the world wide web.

Promotional Offers

As noted above, if you join our Inner Circle program, you may receive promotional e-mails from Obagi or one of our affiliates. We may share your email address with a third party provider who sends these emails out on our behalf. You may unsubscribe from our mailing list by using the supplied link in any of these e-mails.

Contests or Surveys

We may provide you the opportunity to participate in contests or surveys on the Site. If you participate, we will request certain personally identifiable information from you. Participation in these contests or surveys is completely voluntary and you have a choice whether or not to disclose this information. The requested information will typically include contact information such as your name and e-mail address and demographic information such as your address and/or zip code. We may use a third party provider to conduct these surveys or contests. In that case, the third party will be prohibited from using your personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and a choice as to whether you want that information disclosed.

Your California Privacy Rights

Under California law, California residents have the right to request in writing from the businesses with which they have established a business relationship: (1) a list of the types of personal information (e.g. — name, e-mail address, shipping address, etc.) and types of services provided to that person, that the business has disclosed to any third parties, including affiliates that are separate legal entities, during the immediately preceding calendar year for direct marketing purposes by the third party; and (2) the names and addresses of all such third parties. To request this information, you can email us at: customerservice@obagi.com or write to us at Obagi Cosmeceuticals LLC, Attn: Customer Service—Privacy, 3760 Kilroy Airport Way, Suite 500, Long Beach, California 90806. We will respond to these requests for information within 30 days following receipt of your e-mail or written request for information. If we receive your request at a different e-mail or mailing address then those stated above, we will respond within a reasonable period of time, but not more than 150 days from the date your request was received. Please note that we are only required to respond to each customer once per calendar year.

Legally Required Disclosure of Information

Though we make every effort to preserve visitor privacy, we may be compelled to disclose personal information when required by law if we have a good-faith belief that such action is legally required to comply with a current judicial proceeding, a court order or other legal matter. Personal Information may also be disclosed to protect our rights or property, or to enforce our Terms of Use.

Data Integrity

We take reasonable steps to ensure that the personally identifiable information we collect is relevant for the purposes for which it is to be used and that such information is reliable for its intended use and is accurate, complete and current. However, we must rely on individual users to provide and maintain accurate personally identifiable information. You are responsible for contacting us to update or correct your personally identifiable information whenever necessary.

Retention of Personal Information

We will only retain personally identifiable information for as long as we are required to do so by applicable law(s), or for as long as necessary for the purpose(s) for which it is processed. We will delete such information when it is no longer needed and, in any case, upon expiration of the maximum storage term set forth by applicable law.

Third Party Sites

Any third-party websites linked to or from this Site may have different privacy policies and practices. You should carefully review these other websites’ privacy policies in order to determine how each website may use any personal information you provide. If you have questions about how these other sites may use your information, you should contact them directly.

Monitoring

We may from time to time monitor and review information transmitted or received through our Site or through telephone or e-mail communications for quality assurance or other purposes. We reserve the right to censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of our Terms of Use.

Children and Teens

The Site is not intended for use by anyone under the age of 18 and we do not knowingly collect any personally identifiable information for any such person. Children or teens under the age of 18 should not use our Site at any time, except in the presence of, and with the express consent of, his or her parents or legal guardians.

Changes to this Privacy Policy

We reserve the right to change this Privacy Policy at any time. If we decide to make a material change to our Privacy Policy, we post a revised link on the home page of the Site to the “Revised Privacy Policy” or provide a similar notice. You should check the Site periodically for such notices. You can also tell if this Privacy Policy has changed recently by checking the effective date posted below.

Effective as of January 23, 2014.