Privacy Policy

Color by Amber wants your experience with us to be nothing short of fabulous. To this end, we have systems in place for securely managing your personal information. We take our responsibility of protecting your personal information seriously and have created this Policy to help you understand the type of information we collect and your rights to and our responsibilities in safeguarding it.

This Privacy Policy applies to any portion of the Color by Amber website, including the official corporate website, Stylist personal websites and the Stylist-only portion of the website, all collectively referred to as "Website." Color by Amber respects the privacy of our Stylists, customers and those who visit our websites and this Privacy Policy is incorporated into our Terms of Use. This online Privacy Policy does not cover or include the collection of personal information by a Color by Amber independent Stylist.

This Privacy Policy also explains your options regarding the collection, use and disclosure of your PII. This privacy policy applies to the Website and does not necessarily apply to any offline collection of your personal information.

Information Collection. This Privacy Policy explains how we collect, use, under certain conditions disclose your personally identifiable information ("PII") and the steps we have taken to secure your PII.

Color by Amber may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII is information that identifies the User as an individual (e.g., name, address, telephone number, email address, credit card information, billing address and shipping information.) Non-PII is generic information that does not identify the User personally (e.g., IP addresses, demographic information, User behavior data from web interaction metrics tools and any other information that does not reveal a User’s personal identity.) Color by Amber reserves the right to collect PII about any Website User. Color by Amber may collect PII and Non-PII from other sources as well, including information provided directly to us through in-person discussions, telephone conversations and electronic or other written communications. Color by Amber will use commercially reasonable efforts to treat both types of information with their due care and use such only as provided for in these Privacy Policies or as otherwise allowable, proper and deemed necessary by Color by Amber in its reasonable discretion.

How We Use the Information We Collect. When a User places a product order, for example, we need to know certain types of potentially sensitive PII (e.g., User’s name, email address, mailing address, phone number, credit card number and expiration.) We may use the information Users provide to us in a number of ways, including one or more of the following:

  • Enforce Color by Amber’s Terms and Conditions of Use;
  • Create and verify a new User’s account profile;
  • Process a submitted Agreement;
  • Fulfill a product order;
  • Provide User with information and customer service in response to User’s specific request or respond to any other User inquiries;
  • Analyze selling trends and customer behavior;
  • Provide User with information on Color by Amber’s services, either on a personalized or aggregate basis;
  • Improve the content, user interface and other features on the Website; OR
  • Resolve disputes, prevent and detect fraud and otherwise help Color by Amber to comply with applicable laws.

Note: Color by Amber will not share PII about User with an unaffiliated third party who is not performing services for us without first obtaining User’s permission, except if such sharing is otherwise permitted by this Privacy Policy. We may also release information in good faith as permitted by contractual agreement, to our affiliates, third parties in connection with the provision of services to User, government entities and regulatory bodies, or those with whom Users have specifically requested us to share information.

Color by Amber requires third parties who perform services for us to agree to treat PII about User confidentially and securely.

Notwithstanding any other provision of this Privacy Policy or the Terms and Conditions of Use to the contrary, we further reserve the right to disclose and use a User’s PII if we believe that we are required to do so: (a) by law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency’s request; (d) to protect our business operations and Product distribution networks; (e) to protect the rights, privacy, safety or property of Color by Amber, User or others; or (f) to permit us to pursue available remedies or limit the damages we may sustain. Because Non-PII does not personally identify User, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose deemed necessary and proper by Color by Amber. Notwithstanding the foregoing, unless otherwise restricted by law, regulation, contract or professional standards, Color by Amber may transfer PII about User outside of the United States to other countries for the purposes described in this Privacy Policy.

NOTE THAT EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY PRACTICES OR POLICIES OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION, INDEPENDENT COLOR BY AMBER REPRESENTATIVES.

Consent. By using the Website, User agrees to the terms of this Privacy Policy, including without limitation, Color by Amber’s collection and use of PII and Non-PII as set forth in this Privacy Policy. If we decide to change our Privacy Policy, we will post changes on this page and note the effective date so that Users are always aware of what information we collect and how we use it. If we materially change our practices regarding collection or use of a User’s PII, such User’s PII will continue to be governed by the Privacy Policy under which is was collected unless User has been provided notice, and has not objected to such change.

Children’s Privacy. Neither Color by Amber nor the Website intentionally targets, solicits or collects PII from children under 13 years of age.

Security. Whether User places a product order or simply creates a user-profile, we use industry-standard secure server software (SSL) and encrypt the information User inputs before it is sent to us. In addition, we use additional commercially reasonable measures to protect the customer data against unauthorized access.

Amendments to the Privacy Policy. Color by Amber reserves the right to change this Privacy Policy as it sees fit. Any Amendments to the Privacy Policy will become effective upon the posting of the revised Privacy Policy on the Website, via email to the User, or as otherwise allowed by applicable law. We recommend that User checks the Website regularly to view recent changes or updates.

Cookies. “Cookies” are small pieces of information that are stored by a User’s web browser on their computer when they visit almost any website. Our Cookies enable us to personalize a User’s visits to their interests and preferences. Most web browsers automatically accept Cookies. However, anyone can usually change the web browser to disable Cookies, if so desired.

Linking. Links to third party websites may be provided on the Website. We have not reviewed all linked third party sites. We do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there or any results that may be obtained from using them.

Contacting You. Color by Amber utilizes different methods of responding to information requests, such as mailing brochures or replying via email or telephone. By using our service to request information from Color by Amber, you consent to Color by Amber (or our partners and vendors) to contact you using the methods of their choice, to fulfill your information request, even if you may be listed on the National Do-Not-Call Registry. Color by Amber reserves the right to contact you (or our partners and vendors to contact you) in the future to help improve our Website, operations or to introduce new services, such as surveys, to ensure that we have followed up with your information requests in a timely manner.

Limitation of Liability. Under no circumstances, including negligence, shall Color by Amber or anyone else involved in administering or distributing the Website be liable for any direct, indirect, incidental, special or consequential or exemplary damages that arise under the Privacy Policy or result from the use or misuse of User’s PII or Non-PII, including but not limited to loss of revenue or lost profits, or losses that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance. In no event shall Color by Amber be liable to User for more than the aggregate amounts paid to Color by Amber for the use of the Website.

Spam and Electronic Messages. Under no circumstances shall Users of the Website send commercial electronic mail messages to other Users as defined in the new Federal spam law, the CAN-SPAM Act of 2003 (the “Act”). For clarification, this does not prohibit User from sending transactional or relationship messages as defined in the Act. In addition, except as expressly authorized by Color by Amber, any and all electronic messages initiated or sent by User or on User’s behalf must identify User as the sender and may not suggest or imply, or mislead or be likely to mislead a recipient into believing that a Color by Amber website is the sender or sponsor of, or has procured User to send, such electronic messages. To be clear, User may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to User being the sender.

Indemnification. User agrees to indemnify and hold harmless Color by Amber, its affiliates, and its directors, officers, managers, employees, agents, attorneys and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Privacy Policies or other applicable agreements between User and Color by Amber. We reserve the right, but not the obligation, to take over the exclusive defense of any claim for which we are entitled to indemnification under the Privacy Policy. In such event, User shall provide us with such cooperation as is reasonably requested by us.

Contact Us. If there are questions regarding this Privacy Policy, User may contact us by using the information below. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice:

If you have a question or complaint regarding the Website, please send an email to: support@ColorbyAmber.com. User may also contact us by writing to Color by Amber, LLC 2215 West 2200 South, Salt Lake City UT 84119, Attn: Color by Amber Public Affairs, or by calling Color by Amber’s corporate offices at: 801.207.9710. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at: 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at: 916.445.1254 or 800.952.5210.

Effective Date. The Privacy Policy was last modified on October 28, 2012.