L’Oreal Paris, part of L’Oréal USA S/D, Inc. (collectively, “L’Oreal Paris”), has instituted the following Information Notice related to Your use of optional, virtual services included within Beauty Genius that process an image You take or provide (collectively, the “Virtual Services”). For further information about L’Oréal Paris’ privacy practices as they relate to this service or other personal information L’Oreal Paris collects about You when You use Our website or other L’Oreal Paris services, please review L’Oréal’s Privacy Policy. 

Purpose

The purpose of the processing and use of personal information for the Virtual Services is to provide You with a meaningful, efficient way to evaluate products for potential purchase and use and to personalize the Beauty Genius services. When You use a Virtual Service, L’Oreal Paris collects and processes certain data, see “How It Works”, infra, to deliver a better beauty experience to You. To the extent L’Oreal Paris or its affiliates (including its parent, L’Oreal S.A.) retain any information from Your use of a Virtual Service, this information is used to (A) communicate with You about L’Oreal Paris’ beauty products and services; (B) answer questions; (C) create better experiences; (D) provide tailored advertising, content, services, recommendations, and communications; (E) fulfill product purchases and process payments; (F) analyze use of L’Oreal Paris products and services to improve the effectiveness of Our services (including Virtual Services, Our customer service, Beauty Genius, and other offerings); (G) conduct research, including high-level analytics; (H) to comply with applicable laws or legal obligations; (I) for corporate governance, including mergers, acquisitions, divestitures, and other corporate restructurings; and (J) to enforce the Terms of Use, which additional govern and apply to Your use of the Virtual Services (collectively, the “Purposes”).

How It Works – Summary

The Virtual Services include several options, including services that allow You to virtually try-on L’Oreal Paris’ products.  The Virtual Services also include more advanced options, such as a skin analysis tool.  The following is a description of how each service functions.

• A. Virtual Try On:

  When you use the virtual try-on service feature of the Virtual Services Beauty Genius will initiate a download to your personal device of a temporary program. This program will run and process data on your device or browser, locally. You may use the live service to take a selfie (using your device webcam on a local device, such as desktop camera) or use an existing picture (uploaded from your device). In connection with the virtual try-on service itself, Your image is processed locally on the device . L’Oreal may collect clickstream data about your use of the virtual try-on feature. The selfie used will remain in the Beauty Genius conversation but is deleted at the end of a session. The virtual try-on feature will use an algorithm to analyze the picture 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 digitally apply product to the correct areas and is not used to identify or verify the identity of any individual. The result of the experience (picture with product applied) can be downloaded on your device. You are free not to use this service.

• B. Advanced Skin Analysis Service:

  In order to use the advanced skin analysis service component of the Virtual Services, You must use the live service to take a selfie (using your device webcam on a local device, such as desktop camera). Your selfie is transmitted first from Your device to a central cloud-based hub used to provide Beauty Genius (Google Cloud Platform) and then to the central cloud-based hub where the Virtual Services are hosted for analysis (Microsoft Azure). The selfie used will remain in the Beauty Genius conversation but is deleted at the end of each session.

  The advanced skin analysis service will use an algorithm to analyze the 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 for visualization (e.g., present skin concern zones on the selfie) and to provide You with the requested service. It is not used to identify or verify the identity of any individual.

  The advanced skin analysis service also uses two additional and separate algorithms to analyze the selfie. The first is used for face shape and color detection. This algorithm analyzes the selfie to generate general, physical descriptions of Your features such as: eyebrow color; eye color; eyebrow shape; eye crease; eye shape; lip description; skin(tone); skin undertone(s); and hair color. The algorithm must choose from a fixed range of pre-trained options for each description and cannot make a unique conclusion for any user outside of these general feature categories. You may have the ability to edit some of the feature proposals recommended by the service (e.g., You may choose a different eye shape than the service recommends). If You edit some of the features recommended by the service, the Virtual Service will consider Your additional input.

  The second algorithm analyzes the selfie to calculate age, ethnicity, and assess signs of skin aging using multiple dimensions (e.g., location of wrinkles, redness, microvessels, cheek pores, pigmentation around eyes, UV damage, ptosis of lower face, density of pigmentation, etc.). The algorithm predicts ethnicity and age to provide you with more accurate results. For example, some signs of skin ageing are not analyzed depending on age, gender, and/or ethnicity, while detected age, gender, and/or ethnicity may impact calculated results. This information is used to calculate skin concerns (e.g., blotchiness, lack of radiance, size of pores, pigmentation, fine lines, firmness, depth of wrinkles, UV damage), which are used to provide you with results.

  Based on results of the foregoing and the information You provide to Beauty Genius, such as gender, age, corrections or edits to identified features, skin type, skin concerns, and skin priorities, you will be provided with your results. Results may include information such as skin radiance, even tone, pore quality, pigmentation, firmness, fine lines, and wrinkles; a comparison to people within your age range and/or skin quality; and a suggested skincare routine. The results are transmitted from the central cloud-based service used to provide the Virtual Services (Microsoft Azure) for storage with the Beauty Genius profile about You maintained in the central cloud-based platform used to provide Beauty Genius (Google Cloud Platform). These results are accessible to the underlying technology used to provide Beauty Genius to help personalize Your interactions with Beauty Genius. (Microsoft Azure AI, including Azure OpenAI).

  Please note, the results are stored in Microsoft Azure Google Cloud Platform. These are used for the Purposes; including to improve the Virtual Services (Microsoft Azure) and Beauty Genius (Google Cloud Platform).

• C. Marketing :

• If You agree L’Oreal Paris (or a third party on its behalf) will collect and use any information You provide while using the Virtual Services (i.e., skin type, skin sensitivities, skin concerns, age), the results of the analysis (i.e., calculated age, calculated skin concerns), the skin report shown to You (i.e., skin analysis on key skin attributes), and all recommendations, for a marketing purpose and all such information is stored outside Beauty Genius within Your beauty profile at L’Oreal Paris.

Your Consent For Collection and Use of Your Personal Information

You specifically consent, and You re-affirm Your consent each time You voluntarily use a Virtual Service that is part of Beauty Genius, that:

• The Virtual Service is collecting, capturing, possessing, storing, or obtaining Your selfie, and data obtained or created from Your selfie (including the automated recognition of various facial landmarks), that might qualify as biometric data, biometric information, or a biometric identifier under various laws.
• L’Oreal Paris will share, disclose, or disseminate information about You with any other affiliated company or brand (including its parent (L’Oreal S.A.) and subsidiaries), as well as L’Oreal Paris’ or its affiliate’s service providers/data processors (such as the providers of cloud services used to provide You the Virtual Services and Beauty Genius (Microsoft Azure, Google Cloud Platform, and Microsoft Azure AI (including Azure OpenAI))).

For information on how these recipients will use information about You in connection, please see the section titled “Disclosure”, below.

YOU UNDERSTAND THAT YOUR CONSENT TO THIS INFORMATION NOTICE IS A PREREQUISITE TO USE OF THE VIRTUAL SERVICES.

This Beauty Genius Information Notice coexists with, supplements, and does not supplant, obviate, replace, or otherwise supersede or suspend any other policy applicable to Your use of a virtual try-on feature or a L’Oreal brand’s website, including the TERMS OF USE and PRIVACY POLICY

This Beauty Genius Information Notice is subject to periodic updating, including to the extent that L’Oreal Paris begins collecting personal information for any other purposes not specified herein. L’Oreal Paris reserves the right to amend this Information Notice at any time, which amendments will further apply to Your use of a Virtual Service subsequent to their enactment.

Data Retention

The retention of the selfie and associated information will depend on the specific service used. Retention Periods are outlined below:

Virtual Try-On:  As noted in the “How It Works” section, above, the virtual try-on program will run and process data on your device or browser, locally.  Because the virtual try-on feature processes the selfie locally on the device or browser, once the information is displayed to You and Your use of the virtual try-on feature ends, the virtual try-on program and any data processed by it (including Your image along with the facial landmarks generated by the algorithm used to localize the region around key facial features) is deleted The selfie used will remain in the Beauty Genius conversation but is deleted at the end of a session.

Advanced Skin Analysis Feature:  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 selfie used will remain in the Beauty Genius conversation but is deleted at the end of a session.     

The coordinates of facial landmarks, information you provide (gender, age, skin type, skin concerns, etc.), measurements made by the algorithm(s), calculations made from such measurements (i.e., skin concerns), the results from the analysis provided to You, and all recommendations provided to You are stored in the central cloud-based hubs used to provide the Virtual Services (Microsoft Azure) and Beauty Genius (Google Cloud Platform) and accessible to L’Oreal Paris and its affiliates (including its parent (L’Oreal S.A.) and subsidiaries) to provide You with the  analytics, market research, develop products and services, enhance its products and services (including improving algorithms), and other Purposes outlined in this Beauty Genius Information Notice.  Results and recommendations provided to You are accessible in Beauty Genius within Your Beauty Genius Profile.  These results are accessible to the underlying technology used to provide Beauty Genius to help personalize Your interactions with Beauty Genius. (Microsoft Azure AI, including Azure OpenAI).  

Coordinates of facial landmarks and information derived from the analysis of Your selfie (i.e., Your skin results) stored in Our central cloud-based hubs are stored only as long as needed for L’Oreal Paris and its affiliates’ (including its parent (L’Oreal S.A.) and subsidiaries) business purposes and in any event, no longer than 3 years after our last interaction with You and then deleted.  

Results and recommendations provided to You and accessible via Beauty Genius are stored in accordance with L’Oreal Paris’ record retention, privacy policies, and in accordance with the requirements of applicable law.  For residents of Illinois, We will store information derived from the analysis of Your selfie (e.g., skin results) as long as needed by L’Oreal Paris and in any event no longer than three (3) years from the date of the last interaction with You.  The information is then deleted.  You may choose to delete these results at any time.  Microsoft Azure AI (including Azure OpenAI) logs data processed by the Azure OpenAI service for up to thirty (30) days to in connection with abuse monitoring.  For more information, please visit here.   

If You agree, L’Oreal Paris (or a third party on its behalf) will collect and use any information You provide while using the Virtual Services (i.e., skin type, skin sensitivities, skin concerns, age), the results of the analysis (i.e., calculated age, calculated skin concerns), the skin report shown to You (i.e., skin analysis on key skin attributes), and all recommendations, for a marketing purpose.   In this case, information about You is stored within the beauty profile maintained about You at L’Oreal Paris in accordance with L’Oreal Paris’ record retention schedule, 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., Your skin results) as long as needed by L’Oreal Paris and in any event no longer than three (3) years from the date of Our last interaction with You.

Consumer Rights Depending on your location, You may have the right under the law of your state of residence to certain rights, including the right 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 the L’Oreal Paris Privacy Policy.   

If You request deletion of data about you, You understand and acknowledge that L’Oreal Paris 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 L’Oreal Paris is compelled by law or order of court of competent jurisdiction to maintain such data, L’Oreal Paris 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

L’Oreal Paris uses a reasonable standard of care to store, transmit, and protect from disclosure any data used in the Virtual Services consistent with the sensitivity of the data. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. 

Disclosure

L’Oreal Paris shares, discloses, or disseminates information subject to this Information Notice with any other affiliated company or brand (including its parent (L’Oreal S.A.) and subsidiaries).  For example, L’Oreal Paris shares information with its parent – L’Oreal S.A. – for analytics, market research, to develop new products and services, and to improve and enhance its products and services (including its algorithm), and the Purposes.  Information is also disclosed by L’Oreal Paris’ or its affiliates to service providers/data processors (such as the provider of cloud services used to provide You the Virtual Services and Beauty Genius (Microsoft Azure, Google Cloud Platform, Microsoft Azure AI (including Azure Open AI)). 

L’Oreal Paris may disclose information in connection with the sale or purchase of our assets, corporate restructuring, or in connection with any bankruptcy or reorganization proceeding.  L’Oreal Paris 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 (or other legal process); to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or to otherwise protect the rights, property, safety, or security of third parties, visitors to our Sites, or the public. 

For more information about L’Oreal Paris’ disclosure practices, or for additional information about rights available to you, please visit our Privacy Policy.