Virtual Try-On Data Processing Notice
About This Notice
ANTONIO PUIG, S.A. (“Puig”, “we”, “us,” etc.), a Spanish company with registered office at Plaza Europa 48-48, 08902 Hospitalet de Llobregat, Barcelona (Spain), respects your privacy and is committed to protecting it. This Notice explains our practices relating to your use of certain optional features on our website. These include: the Virtual Try-On tool and Foundation Shade Finder tool (collectively “VTO features”). You must agree to this Notice prior to interacting with these VTO features. By using the VTO features, you agree to this Notice, our general Terms of Use, mandatory arbitration of disputes and a class action waiver, and acknowledge our data practices described herein and in our Privacy Policy. Further, you agree that this Notice constitutes a written agreement.
THIS NOTICE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THESE PROVISIONS AFFECT YOUR RIGHTS TO RESOLVE DISPUTES WITH US AND YOU SHOULD REVIEW THEM CAREFULLY.
VTO Overview
The VTO features work by using a camera on the device that you are using (or in some cases an image of you that you select for upload) to detect your face, analyze your skin tone, find your foundation shade, and digitally apply a selected product to the appropriate areas of your face. The VTO features do not use this information to identify you or to verify your identity in any way.
When you use the VTO features, your image is processed locally on the device that you are using, such as in the browser. If you are using a Puig device, we only obtain, collect, process or temporarily store your image to provide the VTO feature you are requesting during the VTO session and the image will be deleted automatically from the device you are using when you close the session.
VTO Consent
By using a VTO features, you acknowledge and agree to this Notice, including that the VTO feature - that works on the device you are using- may collect, capture, possess, store, or otherwise obtain your image, and data obtained from or created from your image, for the purposes of allowing you to virtually “try-on” various cosmetic products and/or find your foundation shade. You further acknowledge and agree that this data may include information generated by automated reproduction and display of your facial features.
Data Retention
The VTO features process your image and information about your face locally, on the device you are using, and this information is not retained after you exit the VTO feature.
Arbitration; Class Action Waiver
Arbitration Generally.
The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.
Unless you give us notice of opt-out within five (5) business days of your purchase which is the subject of your Dispute, addressed to: ANTONIO PUIG, S.A., Plaza Europa 48-48, 08902 Hospitalet de Llobregat, Barcelona (Spain), ATTN: Legal Department, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Arbitration Agreement, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York County, New York, before a single arbitrator in accordance with Article 75 of New York’s Civil Practice Law and Rules. If the matter in dispute is between Carolina Herrera and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in New York County, New York or, if sought by us, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the New York Supreme Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
An arbitration demand filed with JAMS must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution requirements and other requirements set out in this Arbitration Agreement.
If JAMS fails or declines to conduct the arbitration for any reason, you and we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator.
Additional Procedures for Multiple Case Filings.
(i) Multiple Case Filings. You and we agree that these “Additional Procedures for Multiple Case Filings” shall also apply if you or Puig are subject to twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources. The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing, including any applicable statutes of limitations and the requirement to file within one (1) year, shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider.
(ii) STAGE ONE: If at least twenty-five (25) disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining disputes that are a part of the Multiple Case Filing.
(iii) STAGE TWO: If the remaining disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) disputes (twenty-five (25) per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage Two). The remaining disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining disputes (as informed by the adjudications of cases in Stages One and Two). Upon the completion of the mediation set forth in Stage Two, each remaining dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your dispute and are not enforceable, then your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
(iv) Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.
Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. For claims under $10,000, we will reimburse you for all arbitration fees, including the initial filing fee, if you are deemed the prevailing party by the arbitrator. For the global mediations to resolve Multiple Case Filings (if any) that take place according to this Section, we will pay the mediator’s fee.
Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims brought by either you or we: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.
Class Action Waiver. As permitted by applicable law, both you and Carolina Herrera waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Arbitration Agreement is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
For More Information
If you have any questions about your biometric data or the contents of this Notice, please contact us at:
Email: [email protected]
Telephone: +1 (855) 653-2469
You can also contact our Data Protection Officer by submitting your request through the following email: [email protected]
Last Updated: July 2025
