Terms & Conditions
Heyday is dedicated to protecting your data privacy and safety. We want to be completely transparent about how we use it — this policy explains what data we collect about you, why and how we use it, as well as how we share and manage your information. It also provides your choices and rights regarding this data, so please read it carefully to be fully informed.
WHAT INFORMATION WE COLLECT AND WHY
When you book a treatment or shop online with Heyday, we collect your data in a variety of ways, including when you choose to share it with us.
When you purchase at a Heyday shop, we may ask you for the following information to contact you about your purchase or send you a receipt via email. We do not issue paper receipts. You have the option to agree with or deny sharing this information with us.
- Email address
- Phone number
When you book a facial or make a purchase on Heyday’s website, we will ask for the following information. This information is necessary to collect payment, process & ship your order, and to communicate order status.
- Email address
- Shipping & Billing Address
- Phone number
- Payment details
Booking a facial will result in creating an account in Booker, our third party booking software, and shopping online will result in creating an account via Shopify, our e-commerce provider. If you choose to create an account, we will create a profile containing your order history & stored addresses for easy access. All of your order history is stored within our system, so creating an account simply provides you with access to that information.
When you sign up for our email newsletter, we will ask for your email address. Additionally, you have the option to share the following information with us, which we use to personalize the marketing messages you receive from us.
- Geography for localized updates
- Preferred Topics
You can choose to stop receiving Heyday emails at any time, by clicking “unsubscribe” at the bottom of any Heyday marketing email. Heyday appointment emails (i.e., confirmations, cancellations) and post-treatment review emails (i.e., 5-star rating emails) must be unsubscribed separately from marketing emails.
When you contact us via email or phone, we will ask for information to identify you in our system. This is needed to provide timely assistance. We may also ask for your feedback in shopping or communicating with us to improve our services.
When you visit our website, the following technical information will be collected, in order to protect your data and our website. We also use this information to improve our shopping experience, products and services provided.
- IP address
- Your browser type
- Your operation system
- Your browse behavior on our website, such as product pages visited
- Shopping behavior on our website, utilized for delivery of re-marketing and promotional offers
We also use ‘cookies’ to collect data on pages you view on our site, as well as to power the delivery of re-marketing and promotional offers.
ADS ON OTHER SITES
If you choose to give other sites your data (such as Google or Facebook) their rules apply to that data, not ours. We do purchase ads on these sites, so if you have provided them with your data, then you will likely see our ads on these sites. If you do not wish to see these ads, you will have to contact the other sites directly.
WHAT DO WE DO WITH YOUR INFORMATION?
When you book a facial, receive a facial, purchase something from our store or online shop, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about skincare information, new products, and other brand updates.
We may share your data within the Heyday company. We may also share it with others who help us serve you. Because we work with Shopify, we will share your data with Shopify and some supporting companies to help us process data, host our digital channels, process payments, send communications, fulfill orders, or provide us or you with services while shopping with us. These companies are required by law to protect your data and cannot use your data with the exception of helping us provide you with products and services or as allowed by the privacy law and our contracts.
Shopify Inc. uses a combination of data centers and cloud service providers to store your personal data in the United States and Canada. When personal data is transferred to the United States, it is either done so through the EU-U.S. and Swiss-U.S. Privacy Shield, for Shopify’s own storage, or through contractual data protection addenda (DPAs) with third-party service providers. The EU-U.S. and Swiss-U.S. Privacy Shields are also considered adequate under the GDPR. Shopify’s Privacy Shield certification statement can be found on PrivacyShield.gov.
HOW WE GET YOUR CONSENT
When you provide us with personal information to book an appointment, complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
AGE OF CONSENT
By using this site and/or by accepting our policies, you represent that you are above the age of 16. If you are below the age of 16, then a parent or legal guardian must consent on your behalf. If we learn that we have collection any data for someone aged under 16, then we will delete it.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at firstname.lastname@example.org or mailing us at: Heyday, 134 Spring Street, Suite 601, New York, NY 10012.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
SHOPIFY DISCLOSURES TO THIRD PARTIES
Shopify will never independently sell personal data for commercial purposes. However, Shopify does disclose personal data to third parties or allow third parties to access personal data to help provide services—for example, to:
- Store platform data
- Operate the forums and other portions of Shopify's website
- Respond to and manage support inquiries
Additionally, Shopify may provide personal data, where permitted to prevent, investigate, or respond to:
- Potential fraud
- Illegal conduct
- Physical threats
- Violations of any agreements with Shopify
Shopify also provides information to third parties when legally required to do so. Where Shopify believes it is legally required to provide information, and not legally prohibited from disclosing the existence of the legal order, it will notify the data subject and give the data subject a chance to seek a protective order.
LINKS ON OUR SITE
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Welcome to the Heyday Wellness LLC (“Heyday,” “we” or “us”) website, thinkheyday.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). To the extent any other conditions on the Site conflict with any of these terms and conditions, these terms and conditions will take precedent. Your use of the Site and/or or shopping on the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other content that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Heyday. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only and subject to any other restrictions herein. No right, title or interest in any downloaded materials, software or other Contents is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Heyday. Heyday grants you a limited license to access and make personal use of this Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Heyday. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Heyday without express written consent. You may not use any meta tags or any other “hidden text” utilizing Heyday’s name or trademarks without the express written consent of Heyday. Any unauthorized use terminates the permission or license granted by Heyday. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of thinkheyday.com so long as the link does not portray Heyday, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Heyday logo or other proprietary graphic or trademark as part of the link without express written permission.
HEYDAY, FACE LIFE FRESH and other thinkheyday.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Heyday in the United States and/or in a number of other international countries. Heyday’s trademarks and trade dress may not be used in connection with any product or service that is not Heyday’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Heyday. All other trademarks not owned by Heyday that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Heyday. COPYRIGHT COMPLAINT POLICY – INFRINGEMENT NOTIFICATION If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Heyday of your claim that your copyrighted material has been infringed. Please provide the following information in the following order
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email, address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on the Site should be emailed to email@example.com, RE: Copyright Infringement. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement.We will review and address all notices that comply with the requirements above.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Heyday shall issue you a refund.
Heyday attempts to be as accurate as possible. However, Heyday does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a product offered by Heyday itself is not as described, your sole remedy is to return it in unused condition. You may purchase Heyday products only for personal use. You may not re-sell or otherwise purchase any Heyday products for commercial use. Any such re-sale for commercial use shall be in violation of these Conditions, including the limited license set forth herein. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
RISK OF LOSS
Items purchased from Heyday may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You agree to defend, indemnify and hold harmless Heyday, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts sitting in the County of New York in the State of New York and you consent to exclusive jurisdiction and venue in such courts.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (a) Heyday is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (b) Heyday is not responsible for any other form of transmission received from any linked site. Heyday is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heyday of the site. Any concerns regarding any such link should be directed to the particular third party website.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, HEYDAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEYDAY DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. HEYDAY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. HEYDAY RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL HEYDAY OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF HEYDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST HEYDAY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of New York, United States of America, without regard to any choice of law principles.
You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of New York and of the United States of America for any and all claims arising from the use of this website. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Heyday to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You may not use the Site or export the Content in violation of United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Last Updated: May 30, 2018