Foundation Finder Biometric Information Notice

Maybelline New York, a member of the L’Oreal USA, Inc. family of brands, has instituted the following Biometric 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 NOTICE.

How It Works

In order to use Foundation Finder You must upload a video selfie of Yourself. Your video selfie will be transmitted from your device to a central cloud-based hub, where it is broken down into frames. Maybelline New York will use an algorithm to analyze the video selfie to detect face landmarks to localize the region around key facial features (i.e., outline of eyes, lower part of nose, outline of lips, etc.). This information is used to center, zoom, crop, and remove unnecessary features from the image(s) (such as eyes, nose, and mouth) and to make sure the detected face is centered.

Maybelline New York will use an additional algorithm to analyze the frames to calculate an estimate of Your skin tone. By analyzing multiple frames from the video You uploaded, the algorithm will take an average of the values (i.e., detected color values) and match it to a model to infer skin tone and undertone. This information is used (along with information You enter) to provide you with recommendations. You will then be provided with Your results and suggested product(s).

Your Consent For Collection and Use of Your Personal Information

When You use Foundation Finder, you acknowledge that you have read this Notice. 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 Receive Your Results, You also agree to the storage or retention of personal information about you, including information derived from Your Image that is sensitive personal information under some state laws and regulations (i.e., skin tone, undertone). Specifically, you consent that:

• Maybelline New York will store personal information about You as described in this Information Notice and Our PRIVACY NOTICE; specifically, to offer you offer you tailored and personalized experiences and content, including advertisements, offers, news, and other marketing and promotional content (including promotional emails) from Maybelline New York and other L’Oreal brands

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 NOTICE.

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 briefly stores your selfie. Once the information is returned to You, Your selfie is deleted from the central cloud-based hub (generally within a matter of seconds of completion of the analysis).

The coordinates of facial landmarks, information You provide, the results from analysis used to calculate Your skin tone/undertone, and all recommendations provided to You are stored in the central cloud hub to help Maybelline New York and its affiliates (including its parent (L’Oreal S.A.) and subsidiaries improve its products and its users’ experiences. Coordinates of facial landmarks and information derived from the analysis of Your selfie (i.e., skin tone, skin undertone) will be stored only as long as needed for Maybelline New York and its affiliates (including its parent and subsidiaries) business purposes, and, in any event, no longer than 3 years after our last interaction with You.

If You voluntarily provide Maybelline New York with Your name and contact information (‘contact information’) to receive Your results and/or You sign-up to receive promotional messages from Maybelline New York any information you provide while using Shade Finder, the results of the analysis (i.e., the identified skin tone/undertone) and product recommendations are stored within Your profile at Maybelline New York, including to offer you tailored and personalized content, advertisements, communications, and offers (including promotional emails) from Maybelline New York and other L’Oreal brands. This information is retained by Maybelline New York in accordance with Maybelline New York’s record retention and privacy policies and in accordance with applicable law. For residents of Illinois, we will only store information derived from the analysis of Your selfie (i.e., skin tone/skin undertone) as long as needed by Maybelline New York and in any event no longer than 3 years from the date of our last interaction with You.


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,” supra, 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.

Consumer Rights

Depending on your location, You may have the right under the law of your state of residence to exercise certain rights, such as the right to access, correct, or request deletion of, data about you at any time. You may have the right under the law of your state of residence to revoke a previously given consent (including a right to object or revoke a consent in connection with Our use of sensitive personal information). In order to so indicate, You shall submit the request using the methods outlined in Maybelline New York’ PRIVACY NOTICE.

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.


Maybelline New York may share, disclose, or disseminate personal information with any other affiliated company or brand. For example, as disclosed in this Notice Maybelline New York shares information with its parent – L’Oreal S.A. – for analytics, market research, and to improve its products and services (including its algorithm) to enhance products and services. 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 in connection with the sale or purchase of assets, or in connection with any bankruptcy or reorganization proceeding. Maybelline New York will 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 (or other legal process); to verify or enforce our TERMS OF USE or other appliable policies, to respond to an emergency; or otherwise protect the rights, property, safety, or security of third-parties, visitors to our Sites, or the public.

For more information on Maybelline New York’s privacy practices, or for additional information about rights available to You, please visit our PRIVACY NOTICE.