COLOR SEASON ANALYSIS INFORMATION NOTICE

Introduction

We at e.l.f. Beauty, Inc. (“we” or “e.l.f.”) are committed to delighting our consumers and providing them with features and enhancements to support and enrich their beauty experience.

Certain of the e.l.f. brands’ websites and mobile applications provide a color season analysis tool which consists of 12 distinct seasons (the “Color Season Analysis Tool”). The Color Season Analysis Tool is a service that measures your skin tone, hair color and eye color and provides you with a color season which includes product recommendations for your color season. Note that the Color Season Analysis Tool is not available for every product in the e.l.f. family of brands and color season analysis isn’t an exact-science—color season analysis depends on skin tone, eye color, hair color, product formulations and personal preferences and the Color Season Analysis Tool does not constitute a guarantee that the results will be a perfect fit for you.

By using the Color Season Analysis Tool, you consent to the use of your camera and/or device to permit the Color Season Analysis Tool to take and process your image as described in this Color Season Analysis Information Notice.

This Color Season Analysis Information Notice supplements (but does not supersede or suspend) any other policy applicable to your use of our websites and mobile apps, including our Terms of Use and Privacy Notice.

This Color Season Analysis Information Notice is subject to periodic updating. We reserve the right to amend this Color Season Analysis Information Notice at any time, which amendments will further apply to your use of the Color Season Analysis Tool subsequent to their enactment to the fullest extent permitted by applicable law. If we make material changes to the way we use your personal information, we will provide you with notice to the extent required by applicable law.

How It Works

The Color Season Analysis Tool (the “Tool”) works by taking a picture using your device’s camera (or uploading a picture) into a browser-based web app. The Tool uses the color values detected from regions of your face to measure your skin tone and hair color, while you self-select your eye color from a list of options. The Tool uses an algorithm to estimate your skin tone, eye color and hair color by using an average of the detected color values (based on hue, saturation and lightness values & red/green/blue colors) from these regions. This color value information is then sent to an AI model to determine your color season, based on those color values, and you are directed to a page in the web app to the determined color season. Those final pages also contain a link to a Pinterest board curated specifically to each of the predetermined color seasons with corresponding e.l.f. products.

Once you finish using the Color Season Analysis Tool, images of your face that may have been processed during processing are cleaned from your device, no image data is ever stored off device and no data is shared with the AI model outside of the 3 color values used to determine your season. If you capture a screenshot or save the image of your Color Season Analysis Tool session, the image is stored exclusively on your device. If you share the image outside of the Color Season Analysis Tool (for example, through other features available on your device), we are not involved in or responsible for such sharing. We also do not use any form of dynamic linking between the web app and Pinterest to track the user across the experience.

Your Consent for Collection and Use of your Information

When you use the Color Season Analysis Tool, you specifically consent that:

  • the Color Season Analysis Tool may collect, capture, possess, store, or obtain your image and data obtained or created from your image, and such data may qualify as personal information, biometric data, biometric information, or biometric identifiers under various laws.

  • we may collect, share, disclose, or disseminate information about you as described in our Privacy Notice.

  • the AI vendor that provides the Color Season Analysis Tool, ChatGPT, may collect usage and performance data such device type, access times, error codes, and software performance, and use such data in accordance with it’s privacy policy located at https://openai.com/privacy.

You understand that your consent to this Color Season Analysis Information Notice is a prerequisite to use of the Color Season Analysis Tool.

Data Collection, Retention and Storage and Privacy Matters

Purpose of Data Collection

The purpose of the collection, processing, and use of your personal information for the Color Season Analysis Tool is to provide you with a meaningful, efficient way to evaluate products for potential purchase and use. When you use the Color Season Analysis Tool, we collect and process certain data (see the section above entitled “How It Works”) in order to deliver a better beauty experience to you.

Data Retention

As described above, all processing of your image is done on your device, and we do not retain this data.

Any other personal information that we may collect about you, including your recommendations and suggested products/shades, is subject to our Privacy Notice..

Data Storage

We use a reasonable standard of care to store, transmit, and protect from disclosure any data used in the Color Season Analysis Tool that is at least as protective as the way we store, transmit, and protect other confidential and sensitive information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.

Contact Us

For any questions regarding the Color Season Analysis Tool or this Notice, please contact us by email at elfcare@elfcosmetics.com.