Foundation Finder Information Notice

Maybelline New York, a member of the L’Oreal USA, Inc. family of brands, has instituted the following Information Notice related to any personal information that Maybelline New York may obtain, possess, use, process, transfer, or store about you (“You”) because of Your use of Foundation Finder. For further information about Maybelline New York’s privacy practices as they relate to this other personal information Maybelline New York collects about You when You use our website or other Maybelline New York services, please review Maybelline New York’s PRIVACY POLICY.

Purpose

The purpose of the collection, storage, processing, and use of personal information for Foundation Finder is to provide You with a meaningful, efficient way to evaluate products for potential purchase and use. When You use Maybelline New York’s Foundation Finder, Maybelline New York collects and processes certain data, see “How It Works,” infra, in order to deliver a better beauty experience to You. Maybelline New York may use information about You to communicate with You about Maybelline New York’s beauty products and services; answer questions; create better experiences; provide tailored advertising, content, services, recommendations, and communications; fulfill product purchases and process payments; analyze use of Maybelline New York’s products and services, without any associated personal identification information of users, so as to improve effectiveness of Maybelline New York’s Site, customer service, and offerings, including improvement of the virtual Foundation Finder tool and underlying algorithm; conduct research, including high-level analytics without associated personal identification information; to comply with applicable laws or legal obligations; and TO ENFORCE THE TERMS OF USE, which additionally govern and apply to Your use of Foundation Finder.

How It Works

In order to use Foundation Finder You must upload a selfie of Yourself. Your selfie will be transmitted from your device to a central cloud-based hub. Foundation Finder uses an algorithm to analyze the selfie to detect Your face and certain key facial landmarks (i.e., the location of Your eyes, the center of Your eyes, location of mouth and nose, center of Your face, etc.). This information is used to center, zoom, crop, remove unnecessary features from the image(s), and to ensure the detected face is in the center of the image at the largest size possible that maintains the aspect ratio of the original image.

Foundation Founder will then analyze the image to calculate an estimate of Your skin tone. The image is initially analyzed to infer a broad classification of skin tone, which is used to adjust luminosity of the image dynamically. Based on the initial inference, the face region is analyzed. By analyzing multiple pixels from the selfie uploaded, Foundation Finder will take an average of the detected color values and match it to a model to infer skin tone. After inferring skin tone, the image is rendered and You will then be provided with Your results (i.e., your nearest skin tone match). If you disagree, You can select from different options. After you make your selection, and, depending on answers You provide in response to some additional questions along with the results of the analysis, Foundation Finder will suggest product(s).

Your Consent For Collection and Use of Personal Information About You

When You use Foundation Finder, you specifically consent that:

• Maybelline New York is collecting, capturing, possessing, storing, or obtaining the picture You provide, and data obtained or created from Your picture (including the automated recognition of various facial landmarks), that might qualify as biometric data, biometric information, or a biometric identifier under various laws.

• Maybelline New York may share, disclose, or disseminate information about You with any other affiliated company or brand (including its parent and subsidiaries) as well as its service providers (such as the provider of cloud services used to provide You with the service).

When you consent to “EMAIL MY RESULTS”, You also agree to the storage or retention of personal information about you, including information derived from Your Image (i.e., namely products recommended). Specifically, you consent that:

• Maybelline New York will store personal information about You as described in our Privacy Policy, which will be retained subject to limitations in our PRIVACY POLICY.

YOU UNDERSTAND THAT YOUR CONSENT TO THIS INFORMATION NOTICE IS A PREREQUISITE TO USE OF FOUNDATION FINDER.

Maybelline New York’s Foundation Finder Information Notice coexists with, supplements, and does not supplant, obviate, replace, or otherwise supersede or suspend any other policy applicable to Your use of Maybelline New York’s website and Foundation Finder, including the TERMS OF USE and PRIVACY POLICY.

Maybelline New York’s Foundation Finder Information Notice is subject to periodic updating, including to the extent that Maybelline New York begins collecting personal information for any other purposes not specified herein. Maybelline New York reserves the right to amend this policy at any time, which amendments will further apply to Your use of Foundation Finder after their enactment.

Data Retention

Maybelline New York only temporarily stores your selfie. Once the information is returned to You (i.e., send to your browser used to access Foundation Finder), Your selfie is deleted from the central cloud-based hub (generally within 24 hours of completion of the analysis).

The calculations used to generate Your results, and the results from Foundation Finder (i.e., calculation of Your skin tone), are not saved. Foundation Finder is run in memory in the cloud-based hub on a per session/instance basis, and Foundation Finder does not save any data after the session is complete (i.e., the analysis is returned to Your device).

Receive My Results; Email Marketing

If You voluntarily provide Maybelline New York with Your name and contact information products recommended are stored within Your profile at Maybelline New York. Products recommended to You will be retained by Maybelline New York in accordance with Maybelline New York’s record retention schedule, PRIVACY POLICY, and in accordance with applicable law.

Right of Deletion

Depending on your location, You may have the right under the law of your state of residence to request deletion of, data about you at any time. In order to so indicate, You shall submit the request using the methods outlined in Maybelline New York’s PRIVACY POLICY.

If You request deletion of data about you, You understand and acknowledge that Maybelline New York will keep a log of Your doing so, which log will include information such as Your name, date of request, manner of request, and date of fulfillment:

PLEASE NOTE that should You request deletion of data about You at a time when Maybelline New York is compelled by law or order of court of competent jurisdiction to maintain such data, Maybelline New York will not immediately comply with Your deletion request. We may also deny a deletion request where otherwise permitted to do so by applicable law.

Data Storage

Maybelline New York uses a reasonable standard of care to store, transmit, and protect from disclosure any data used in Foundation Finder consistent with the sensitivity of the data. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.

Disclosure

Maybelline New York may share, disclose, or disseminate personal information with any other affiliated company or brand. Maybelline New York will also disclose personal information to Maybelline New York’s service providers who help Maybelline New York provide You with services. Maybelline New York may also disclose personal information to comply with federal or state law, local law, municipal ordinance, or court order, including in connection with a validly issued warrant or subpoena, and as otherwise disclosed in our PRIVACY POLICY.