Privacy Policy

Who Is Collecting My Personal Data?
Calista, LLC and its associated legal entities ("us," "we," or "our") offers and maintains the website(s) located at www.calistatools.com, including all subdomains and subparts (collectively, the “Site”). When you visit the Site, you may choose to provide us with personal data that identifies you.  This Privacy Policy explains how we process and use your personal data, and it applies regardless of how you access the Site.  Please take time to read this Privacy Policy carefully.  BY USING THE SITE, YOU EXPRESSLY AGREE TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL DATA SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY.

What Personal Data Do You Collect?
When you provide it to us, we collect information that identifies you (“Personal Data”), such as your:

  • Name
  • Email address
  • Address
  • Telephone number
  • Birthday
  • Payment information
  • Content of your email messages to us

When you visit the Site, we collect data from the device or browser through which you access the Site (“Log Data”), such as:

  • Your internet protocol (“IP”) address
  • Browser type
  • Browser version
  • Statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site)
  • Information about how you came to the Site
  • Data collected through Cookies or other similar technologies discussed in more detail in our Cookie Policy.

Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you. 

How Do We Use Your Personal Data?
We use your Personal Data for the purposes for which you provided it, including to:

  • fulfill your product or service needs;
  • register your online account;
  • maintain our own accounts for billing and delivery;
  • advise you about products, services, offers, or events that may be of interest to you; and
  • provide customer service to you.

We may also use your Personal Data or Log Data to administer our internal business activities, including to: 

  • design and arrange the Site in the most user-friendly manner;
  • better understand visitors to the Site;
  • create non-personally identifiable data to be used for marketing; and
  • manage your account.

In addition, we may use third-party services, such as Google Analytics, that collect, monitor, and analyze Log Data. 


How Do You Share My Personal Data?
No Sale of Personal Data
We will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain third parties after obtaining your consent.  By using the Site submitting your Personal Data to us, you expressly consent to our sharing your Personal Data, as set forth below.

Sharing Personal Data With Affiliates, Successors, and Agents

For purposes consistent with this Privacy Policy, we may share your Personal Data with:  

  • our parent companies, subsidiaries, and/or affiliates;
  • successors who acquire your Personal Data if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure;
  • other companies we engage to perform business-related functions, such as:
    • marketing agencies;
    • database service providers;
    • backup and disaster recovery service providers;
    • email service providers; and
    • payment processors.

Sharing Data Through Social Media
We work with social media sites like Facebook, YouTube, Instagram, Pinterest, and Google+, and with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products, and generate interest in our products and services among members of your social networks.

If you use third party social media features available on our Site, we or the third party may collect or share your data, including your Personal Data.  We consider information collected from or shared through any such social media features as public information because the third party social media sites made it publicly available.  If you do not want us to be able to access information about you, including Personal Data, from Third Party Sites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites.  We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate. 

SMS Policy Disclosures

SMS Abandoned Cart Disclosure
The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Third Party Data Sharing
The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Legally Compelled Disclosure of Personal Data

We may disclose your Personal Data if required to do so by law or in our good faith belief that such action is necessary to:

  • comply with a legal obligation;
  • protect or defend our rights, interests, or property, or that of third parties;
  • prevent or investigate possible wrongdoing in connection with the Site;
  • act in urgent circumstances to protect the personal safety of users of the Site or the public; or
  • protect against legal liability.

What Are My Rights About The Processing Of My Personal Data?
You have the right to withdraw your consent to the processing of your Personal Data at any time.  If you change your privacy preferences in the future, that will not limit the lawfulness of any processing performed based on your prior consent. 

To change your preferences, please email us at customercare@calistatools.com with the phrase “Privacy Opt-out” in the subject line and specify what you would like us to do (for example, Correct my data). 

To stop email communications from us, you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages.  You may also access and correct some of your Personal Data by logging into your online account if you have one.  If you choose to limit our use of your Personal Data, you may not have access to certain functionality of the Site, such as promotions, product information, or opportunities. 

Is My Personal Data Secure?
We secure your Personal Data by keeping Personal Data up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting Personal Data from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate technical measures are in place to protect Personal Data.   However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Therefore, you should take special care in deciding what Personal Data you send to us electronically.

How Long Will You Keep My Personal Data?
You may close your account, unsubscribe to emails, and otherwise limit our use of your Personal Data by contacting us. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time

What Data Is Not Covered By The Privacy Policy?
The limitations in and requirements of this Privacy Policy do not apply to:

  • Third Party Sites: Any data you disclosed on websites not operated or controlled by us (“Third Party Sites”), even though we may provide links to them on the Site or in our emails. We are not responsible for the policies and practices employed by, or the content of, Third Party Sites. We suggest contacting those sites directly for information about their privacy policies and practices. 

 

  • Non-Personally Identifiable Data: Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated personally identifiable information, but only to the extent the foregoing cannot be used to specifically identify you.

 

  • Aggregated Personal Data: Any aggregated Personal Data that can no longer be used to identify you will be treated as non-personally identifiable data under this Privacy Policy.

 

What If You Change This Privacy Policy?
We may occasionally make changes to this Privacy Policy.  If we wish to use your Personal Data for a new purpose not covered by this Privacy Policy, we will provide you with a new Privacy Policy explaining this new use prior to commencing the processing of your Personal Data pursuant to the new Privacy Policy and setting out the relevant purposes and processing conditions. If we change this Privacy Policy, your continued use of the Site or submission of Personal Data to us will signify your express consent to new uses of your Personal Data.

How Can I Resolve A Privacy Dispute With You?
If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint under the arbitration procedures described in the Dispute Resolution section of the Site’s Terms of Use.  BY USING THE SITE OR SUBMITTING YOUR PERSONAL DATA TO US, WE EACH AGREE TO SETTLE DISPUTES ONLY BY NON-CLASS, INDIVIDUAL ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS).  THE RULES IN ARBITRATION ARE DIFFERENT.  THERE IS NO JUDGE OR JURY, LIMITED DISCOVERY RIGHTS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD. 

To initiate an arbitration proceeding, you must send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”).  The Dispute Notice must be addressed to:  Calista Tools, LLC, 600 Willowbrook Lane Suite 615 West Chester, PA 19382 and sent to us by certified mail as described in the Dispute Resolution section of the Site’s Terms of Use.  If we do not reach an agreement to resolve your privacy complaint within sixty (60) days after we receive your Dispute Notice, you may commence an arbitration proceeding under the Dispute Resolution section of the Site’s Terms of Use.

How Do You Use Cookies?
A cookie is a piece of information that is placed on your web browser or device when you access and/or use the Site.  Cookies store text and can later be read back by the Site or third parties.   Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages.

What Do You Use Cookies For?

We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier.  We use cookies to:

  • monitor and analyze how you use the Site.
  • remember your preferences to make your online experience easier and more personalized.
  • route Site traffic to effectively distribute the Site workload across servers; and
  • test new features.

In the future, we may use cookies placed by third parties to deliver focused online banner advertisements to you both on and off the Site.

How can I manage cookies?
You can manage cookies through your web browser's option settings.  You may be able to be notified when you are receiving new cookies and disable or delete cookies. Please refer to your web browser's help section for information on whether you can and how to do this.

Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among others.  You can control your preferences directly with each such third party service provider.

You can learn more about cookies at the following third-party websites:

Note that if you disable, delete, or refuse to accept cookies, you may not be able to use some features of the Site and/or some of our pages might not display properly.

International Privacy Laws
If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us. We will hold and process your Personal Data in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States Personal Data may be subject to lawful access requests by government agencies.

California Consumer Privacy Act (CCPA)  
Since we are potentially providing this Site to California residents, we are required to have a privacy policy that complies with CCPA.  The State of California has established its own unique regulations that apply to California residents. 
As of its effective date of January 1, 2020 We are also compliant with the California Consumer Privacy Act Of 2018, Cal. Civ. Code §§ 1798.100 Et Seq. (CCPA). 
Any California resident may request, free of charge, the Personal Information We have collected or stored about themselves or about a member of their household. For security purposes, We reserve the right to ask for verification of Your identity and proof of your California residency at the time of your request.  
Any California resident has a right to request the Personal Information We have collected, or request deletion of the Personal Information We have collected, including but not limited to: 

  1. Any personally identifying information, such as a real name, alias(es), mailing or resident address, IP address, email address, account name, biometrics, or any other data that could uniquely identify a California resident; and 
  2. Commercial information, including products or services purchased, obtained, or considered, search history, interactions with Our Course, Content, Site or website, or any other purchasing or browsing history of Our site and/or offer(s); and 
  3. Site comments made publicly or privately; and 
  4. Geolocation data; and 
  5. Professional or employment-related information; and 
  6. Education information. 

We reserve the right to collect any of the above data on California residents and their households.  We do not plan on selling your data. Regardless, any California resident can email us at customercare@calistatools.com to explicitly request to opt-out of any such sale of data. 
California residents also have the option to request a full deletion of their account and any data We have collected and associated with them.   
We agree to comply with any data request or deletion made pursuant to the CCPA in a reasonable timeframe, during normal business hours and excluding holidays or Our pre-scheduled time off. 

CAN-SPAM Act of 2003 

The CAN-SPAM Act has set out rules for companies that send commercial emails to their users to convey messages and other services.  
Pursuant to CAN-SPAM Act, Heat Make Sense, Inc. will do the following: 
1. We do not include false or misleading information in our headers. We make sure there is accurate identifying information of the person or business who initiated the message. 
2. We do not have deceptive email subject lines. The subject lines our emails accurately reflect what is within the email. 
3. We communicate the message is an advertisement. We communicate the message is an ad in some reasonable manner.  
4. We do include our contact information including our physical address. All of our emails will include contact information including our company name, physical address, and email address.  
5. We allow users to opt out of receiving future emails from us and process that request promptly. Our users are able to unsubscribe from future emails at the bottom of each email and we must honor this request within 10 business days of the request. Once users opt out of receiving emails, we are not able sell or transfer the email addresses anymore. 
6. We monitor what is being done with the users’ email information if a third party is in charge of email marketing. If we hire a third-party email marketing company, we will keep a close eye to make sure our users’ email information is lawfully being handled.  
 A detailed list and description of the CAN-SPAM requirements can be found here (https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business)

If you have any questions about this Privacy Policy, our practices, or your dealings with us, or to exercise any and all of your rights, please contact us at customercare@calistatools.com.

What is Subscribe & Save?
Subscribe & Save is a subscription option available for specified hair products. By selecting this option, you can opt to have a new shipment sent to you every 30, 60, or 90 days. You will be charged automatically at the time of each new shipment. It’s a fast and easy way to make sure you’re never running low on your favorite Calista products!

Which products are eligible for Subscribe & Save?
Currently, Subscribe & Save is available for the following products:
• Jousse Cleanse & Condition (32 oz.)
• Jousse Mend Masque
• Embellish Finishing Spray
• Embellish Texturizing Definer
• Embellish Root Touch-Up
• 02 Texturizer Spray

• Airshape Finishing Spray
• Marathon Hairspray

How can I cancel my Subscribe & Save?
If you’re having trouble canceling your Subscribe & Save, please contact Customer Care at CustomerCare@calistatools.com.