Website and Back-Office Privacy Policy

You have entered a “replicated website,” of an Independent Stylist for TRACY NEGOSHIAN, Inc., the Back-Office of a TRACY NEGOSHIAN, Inc. Independent Stylist, the corporate website of TRACY NEGOSHIAN, Inc., LLC, or a mobile application (“App”) operated by TRACY NEGOSHIAN, Inc. (referred to herein as “TRACY NEGOSHIAN, Inc.”, “our”, “us” or “we”). The Site is hosted on TRACY NEGOSHIAN, Inc.’s third-party technology provider. The information you submit on this Site is accessed by TRACY NEGOSHIAN, Inc. and is also accessed by TRACY NEGOSHIAN, Inc.’s third party technology provider, but it is not accessible to Independent Stylist to whom this Site is assigned except as specified in this privacy policy. By visiting this Site and providing information to TRACY NEGOSHIAN, Inc. you consent to the following privacy policy, use and disclosure of information.

INFORMATION COLLECTION

Personally Identifiable Information

Through your use of or visits to the Site, you may be required or requested to provide personally identifiable information to us. Personally identifiable information is any piece of information that can potentially be used to uniquely identify, contact, or locate a single person including names, addresses, email addresses, telephone numbers, social security and tax identification numbers, and credit card or banking information.

Stylist and Customer Information

In order to become a Stylist or customer, you must provide biographical and contact information (such as name, mailing address, telephone numbers, and email address) to us. Stylist applicants must also provide personal information on an IRS form W-9 such as an applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms with the IRS. Stylists and customers are also required to provide payment information (such as credit card, debit card, or bank account information). We use this information to maintain contact with Stylists and customers, to process Stylist and customer orders, and for billing purposes.

INFORMATION USE & SHARING

Personally Identifiable Information

TRACY NEGOSHIAN, Inc. DOES NOT share personally identifiable information except with contracted service providers as may be necessary to: (a) process orders and/or returns and process payments and refunds; (b) complete an enrollment as a Stylist or customer; (c) maintain our genealogy database; (d) issue payment and report income to taxing authorities; and (e) maintain communication with you. We also provide personally identifiable information: (a) to upline Stylist(s) as described in the Genealogy Information section; and/or (b) to assign prospective customer and Stylist leads to existing Stylists; (c) to assign a sales or enrollment lead to a Stylist; (d) to governmental agencies as required pursuant to law.

Genealogy Information

As a network marketing company, TRACY NEGOSHIAN, Inc. provides certain information to Stylists regarding the other Stylists and Customers enrolled in a Stylist’s downline marketing organization. If you enroll as a Stylist or Customer with TRACY NEGOSHIAN, Inc., your name, address, email address, telephone number, and sales volume information, and the last four digits of your credit card number that you use to make purchases will be provided to other Stylists. Information relating to downline Stylists is made available to TRACY NEGOSHIAN, Inc. Stylists subject to a confidentiality and non-solicitation covenant in the agreement that each Stylist enters into with TRACY NEGOSHIAN, Inc. However TRACY NEGOSHIAN, Inc. does not warrant that other Stylists will adhere to the confidentiality and non-solicitation covenants, and TRACY NEGOSHIAN, Inc. shall not be responsible for Stylists’ violation of these covenants.

Sales Information

If you make a purchase from a Stylist, we will provide the Stylist with your name, contact information, a description of the item(s) purchased, and the sales volume associated with the purchase. If you made a purchase with a credit or debit card, we may also provide the Stylist with the last four digits of your credit card.

Aggregate Information (non-personally identifiable)

TRACY NEGOSHIAN, Inc. may share aggregated demographic information with our partners, vendors, suppliers, third party providers, and advertisers. This is not linked to any personally identifiable information.

Business Transitions

In the event TRACY NEGOSHIAN, Inc. goes through a business transition, such as being acquired by another company, or selling all or part of its assets, the personal information of Stylists and customers will, in most instances, be part of the assets transferred. In such a case your personally identifiable information will be transferred to the acquiring entity and be subject to the privacy policy of that entity.

Lead Assignment and Stylist Locater Features

TRACY NEGOSHIAN, Inc. may assign prospective sales and new Stylist leads to Stylists. In these cases, we will provide the lead with the appropriate Stylist’s name and contact information and/or provide a Stylist with the prospective lead’s name and contact information. In order to make the lead assignments effective, the company will provide the prospective customer or new Stylist with the Stylist’s name and contact information, which may include his/her telephone number, address, and/or email address.

Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures

TRACY NEGOSHIAN, Inc. will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for TRACY NEGOSHIAN, Inc. to conduct business in certain jurisdictions, TRACY NEGOSHIAN, Inc. may be called upon to disclose certain personally identifiable and confidential information to regulatory authorities in those jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information. We will provide such information as we deem necessary.

Surveys

It may become necessary to conduct surveys of our customers or Stylists. Should we deem it necessary to conduct a survey, we may outsource the survey to a third party. We will provide the third party survey company with your personal information as is necessary for the third party survey company to conduct the survey and to those third parties whom we engage to review and analyze the results of the survey. We will not provide your social security number, credit card or banking information to the survey provider.

COMMUNICATIONS FROM US

Special Offers and Updates

TRACY NEGOSHIAN, Inc. sends all new Stylists and Customers a welcoming email to verify acceptance of the Stylist Agreement or order. All Stylists and Customers will occasionally receive information on the TRACY NEGOSHIAN, Inc. business, products, services, special offers, and a newsletter.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Stylists and/or customers an email. Generally, Stylists may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Stylist and Customer Service

TRACY NEGOSHIAN, Inc. communicates with Stylists and Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their TRACY NEGOSHIAN, Inc. business. TRACY NEGOSHIAN, Inc. communicates with customers with respect to products or services purchased by such customers from TRACY NEGOSHIAN, Inc. Such communications may be by email, regular mail, text message, social media messengers, or telephone. TRACY NEGOSHIAN, Inc. also communicates with Stylists through leaving messages in Stylists’ Back-Offices.

MISCELLANEOUS

Confidential Arbitration.
If a claimant under this privacy policy is an independent Stylist with TRACY NEGOSHIAN, Inc., the dispute resolution process in the Policies and Procedures shall apply. If the claimant is not a TRACY NEGOSHIAN, Inc. independent Stylist, a dispute arising from or relating to these Terms of Use shall be fully and finally resolved through confidential arbitration as set forth herein. Any dispute relating to whether the dispute is subject to arbitration shall be decided by through arbitration. THE PARTIES WAIVE RIGHTS TO A TRIAL BY JURY OR TO ANY COURT. The following rules shall apply to all arbitration:

• The Federal Rules of Evidence shall apply in all cases;
• The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
• The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
• The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
• Except as otherwise specified herein, all arbitration proceedings shall be held in Clearwater, Florida unless the Parties mutually agree on another forum.
• The Parties shall be allotted equal time to present their respective cases;
• Each party shall be responsible for paying its/their own attorney’s fees, expert witness fees, and professional fees, and their respective expenses, associated with prosecuting the case subject to the limitations herein;
• An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based;
• The parties, their respective agents and attorneys, and the arbitrator shall maintain the confidentiality of the arbitration proceedings and all evidence associated with the arbitration, and shall not disclose to any third party:
• The substance of, facts underlying, or basis for, the controversy, dispute, or claim;
• The substance or content of any settlement offer or settlement discussions or offers associated with the dispute
• The pleadings, the content of any pleadings, and exhibits to the pleadings, filed in any arbitration proceeding;
• The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
• The terms or amount of any arbitration award;
• The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.

Governing Law.The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Florida, without regard to principals of conflicts of laws, shall govern all other matters relating to or arising from the Agreement, the business or any other claim between the Parties.

Changes to this Privacy Policy

TRACY NEGOSHIAN, Inc. reserves the right to amend or change this Privacy Policy at any time at its sole discretion. When material changes or amendments are made to the Privacy Policy, we will announce the same under the Privacy Policy tab for a period of at least 30 days prior to implementation of the amended Privacy Policy

Links

TRACY NEGOSHIAN, Inc.’s websites may contain links to or from other sites. Please be aware that TRACY NEGOSHIAN, Inc. is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by TRACY NEGOSHIAN, Inc. websites.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Questions

Questions regarding this Privacy Policy should be directed to customerservice@tracynegoshian.com.

Effective Date

The effective date of this Privacy Policy is May 1, 2017.