Privacy Policy
1. Applicability of This Policy
While our primary service is selling perfume and fragrance-related products, certain information you provide to us, or which we collect, may qualify as Consumer Health Data under the MHMDA's broad definition. For example, if you tell us about an allergy or medical condition that impacts your product choice, this information is protected. We are committed to protecting this data as required by law.
2. Categories of Consumer Health Data We Collect
We generally do not intentionally or directly seek to collect data regarding your health status. However, in the course of providing you with our products and services, the following categories of information may be collected and be considered Consumer Health Data if linked to your health status:
Category of Consumer Health Data Examples of Data That May Fall Under This Category
Individual Health Conditions, Treatment, Diseases, or Diagnosis Information you voluntarily provide regarding allergies, skin sensitivities, fragrance-triggered migraines, or other conditions when requesting a specific product formulation (e.g., "I need a perfume without X ingredient due to a severe allergy").
Precise Location Information Data collected by our website, apps, or third-party analytics when you shop with us, which could be used to infer an attempt to acquire health-related products or services. Note: We do not use geofencing technology around healthcare facilities.
Other Data That Could Identify Your Health Status Information derived or extrapolated from non-health information (such as purchase history or website searches) that we use to associate or identify you with a past, present, or future physical or mental health status. For example, if an algorithm is used to infer a skin condition from purchases of certain cosmetic items.
3. Purposes for the Collection and Use of Consumer Health Data
We only collect and use Consumer Health Data for the following specific purposes and as necessary to provide a product or service you have requested:
Purpose for Collection and Use Justification for Collection
Fulfilling Product Requests and Customization To ensure a product meets your specific, requested criteria (e.g., excluding an allergenic ingredient you specified).
Internal Operations and Service Improvement To maintain the security and integrity of our services and to understand general, anonymized trends (e.g., aggregate data on preferred fragrance types) for business operations.
Communication with You to respond to your direct inquiries, process returns, or follow up on customer service issues related to a specific product request that may have involved health data.
4. Categories of Sources for Consumer Health Data
We may collect Consumer Health Data from the following sources:
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Directly from You: Information you voluntarily provide when creating a custom perfume, submitting a form, contacting customer service, or leaving product reviews/comments.
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Through Third-Party Analytics Providers: Data collected from your interaction with our website or app (e.g., general location, device information) that may, under the MHMDA's broad definition, be linked or derived to identify a health status.
5. Categories of Consumer Health Data Shared
We will only Share Consumer Health Data with your separate and distinct opt-in consent, or to the extent necessary to provide you with a product or service you have requested.
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Categories of Consumer Health Data Shared: We do not typically share Consumer Health Data. If we were to share any, it would be limited to Individual Health Conditions (only as necessary for a service, like sharing an allergy note with a third-party filler service to ensure the ingredient is omitted).
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Categories of Third Parties and Affiliates with Whom We Share Consumer Health Data:
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Processors: Third-party service providers (e.g., payment processors, fulfillment services, and hosting providers) that process data strictly on our behalf and under a contract that complies with MHMDA.
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Legal or Compliance Obligations: Government entities, as necessary to comply with a valid legal process.
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List of Specific Affiliates: We do not share Consumer Health Data with any affiliates.
6. How Consumers Can Exercise Their Rights
Washington consumers have the right to access, delete, and withdraw consent regarding their Consumer Health Data. To exercise any of these rights, please contact us using the information below.
A. Right to Confirm and Access
You have the right to confirm whether we are collecting, sharing, or selling your Consumer Health Data and to access that data. You also have the right to receive a list of all third parties and affiliates with whom we have shared or sold your Consumer Health Data.
B. Right to Withdraw Consent
You have the right to withdraw your consent from our collection or sharing of your Consumer Health Data. If you withdraw your consent, we will stop collecting or sharing your Consumer Health Data going forward, unless the collection or sharing was necessary to provide a product or service you have requested and cannot be completed without that data.
C. Right to Deletion
You have the right to request the deletion of your Consumer Health Data. Upon your request, we will delete your Consumer Health Data from our records and notify our processors, contractors, and other third parties that have received your data to also delete it from their records (including archived or backup systems).
D. Submitting a Request
To submit a request to exercise your consumer rights:
Email info@WhoScentU.com
We will respond to your request within 45 days. We may take reasonable steps to authenticate your identity as the consumer whose data is sought.
E. Appeals
If you are unsatisfied with our action regarding your privacy rights request, you have the right to appeal our decision. Please send a detailed explanation for your appeal to Info@WhoScentU.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision.
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7. Sale of Consumer Health Data
We DO NOT sell your Consumer Health Data.
If we were to sell any Consumer Health Data in the future, we would be required to obtain a separate and distinct Valid Authorization from you first.
8. Data Security and Internal Access
We restrict access to Consumer Health Data to only those employees, processors, and affiliates who need it to provide our products or services to you. We maintain reasonable security practices to protect your Consumer Health Data from unauthorized access, use, or disclosure.
9. Contact Information
For any questions or concerns about this Consumer Health Data Privacy Policy or our privacy practices, please contact us at: