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Image by Frank Mckenna showing a pier on a beach with gentle waves and houses in the background.

PRIVACY & WEBSITE POLICIES

Privacy Statement 

Pacific Beach Med Spa is concerned about all issues related to your privacy, and is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to our website and governs data collection and usage. By using this website, you consent to the data practices described in this statement.

 

Collection of your Personal Information

We may collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number. We also may collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests, and favorites.

There is also information about your computer hardware and software that is automatically collected by this website. This information can include your IP address, browser type, domain names, access times and referring Web site addresses. This information is used for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of this Web site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, this information may be collected and used by others.

We encourage you to review the privacy statements of web sites you choose to link to from the website so that you can understand how those web sites collect, use and share your information. We are not responsible for the privacy statements or other content on any other web sites.

 

Use of your Personal Information

We may collect and uses your personal information to operate the website and deliver the services you have requested. This Practice also uses your personally identifiable information to inform you of other products or services available from this our affiliates and us. We may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

 

We do not sell, rent or lease our customer lists to third parties. We may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services, and they are required to maintain the confidentiality of your information.

 

We do not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

 

We will disclose your personal information, without notice, only if required to do so by law.

 

In other words:

 

  1. To provide and operate the Services;

  2. To further develop, customize and improve our Services, based on Visitors and Users common or personal preferences, experiences and difficulties;

  3. To provide our Users with ongoing customer assistance;

  4. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages (as further detailed below);

  5. To facilitate, sponsor and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners and grant prizes and benefits; 

  6. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  7. To enhance our data security and fraud prevention capabilities; and

  8. To comply with any applicable laws and regulations.

 

Use of Cookies and Other Tracking Technologies

We, together with our marketing, analytics and technology partners, may use certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags, and scripts). These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide our Visitors, and Users with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of Visitors’ and Users’ preferences and authenticated sessions, to better secure our Services, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our Services.

Please note that Third Party Services placing cookies or utilizing other tracking technologies through our Services may have their own policies regarding how they collect and store information. Our Privacy Policy does not cover such outside services and we do not have any control over them. 

 

Cookies: In order for some of these technologies to work properly, a small data file (“cookie”) must be downloaded and stored on your device. By default, we use several persistent cookies for purposes of the session and user authentication, security, keeping the User’s preferences (e.g., regarding default language and settings), connection stability, monitoring performance of our services and marketing campaigns, and generally providing and improving our Services.

 

If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is also available at www.aboutcookie.org (note that this website is not provided by this Practice, and we, therefore, cannot ensure its accuracy, completeness or availability). Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise adversely affect your user experience.

 

Flash and HTML5: We and certain Third Party Services may also employ certain tracking technologies known as “Flash cookies” and “HTML5”, mainly for advertising purposes. Various browsers may offer their own management tools for removing or blocking such technologies. Additional information about managing Flash cookies is available here. (note that this website is not provided by this Practice, and we, therefore, cannot ensure its accuracy, completeness or availability).

 

Behavioral Targeting/Re-Targeting: Certain Third Party Services and ad networks may display advertising on our Website, or manage our advertising on other websites. Such parties may use certain tracking technologies to collect certain information about your activities on the Services and different third-party Services to provide you with targeted advertising based on your interests and preferences. You may opt-out of receiving targeted ads from certain advertisers and ad networks by clicking here (or if you are located in the European Union click here (provided by YourChoicesOnline.eu). Please note this does not opt you out of receiving any advertising.​

 

Communications from Pacific Beach Med Spa:

Promotional Messages: By subscribing to any Services (including to any of our newsletters, blogs, social media accounts or public events) and providing this Practice with your e-mail address or any other contact information (such as your phone number or social media handle), you expressly agree to receive promotional content, messages or calls from Pacific Beach Med Spa. Accordingly, Pacific Beach Med Spa itself shall be entitled to call you or send you promotional content or messages by e-mail, SMS, direct text messages, marketing calls and similar forms of communication. If you wish not to receive such promotional messages or calls, you may notify Pacific Beach Med Spa at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.

 

Service Messages: Pacific Beach Med Spa itself may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your e-mail; forward abuse complaints; or notify you of material changes in our Services. You will not be able to opt-out of receiving such Service Messages.

 

Accessing Your Personal Information

If you wish to access and/or request us to make corrections to the Personal Information that you have stored with us, or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, feel free to send us an e-mail to JPerosDNP@pacificbeachmedspa.com or mail your request to Pacific Beach Med Spa 2204 Garnet Ave Suite 302, San Diego, CA 92109, and we will respond in accordance with any applicable law.

Data Retention

We may retain your Personal Information for as long as needed to provide you with our Services.

We may continue to retain such Personal Information to comply with our legal obligations, to resolve disputes regarding our Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.

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Security of your Personal Information

We secure your personal information from unauthorized access, use or disclosure. We also secure the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

 

EU Citizen Rights

EU Citizens by the GDPR Law has the Rights to:

Withdraw Consent of their Data Collection and processing

The exercise of the Rights of the Data Subject

Be Informed


Have Access to their Data

Rectification of their Data

Erasure ("Right to be Forgotten")

The Restriction of Processing

Notification Obligation

Data Portability

Object to Processing

Object to Automated Individual Decision Making​

Upon request, we will provide you with information about use of your personal information. You may access, correct, or request deletion of your personal information by contacting us at JPerosDNP@pacificbeachmedspa.com We will respond to your request within a reasonable time frame.

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Changes to this Statement

We will occasionally update this Statement of Privacy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how we are protecting your information.

 

Contact Information

Please contact Pacific Beach Med Spa by phone at (858) 240-7097 or by mail at 2204 Garnet Ave. Ste. 302 San Diego, CA 92109  or by email at info@pacificbeachmedspa.com

Website Terms and Conditions

Updated 12/10/2021

Website owner, the offering, and binding of Terms:


This website is owned and operated by Pacific Beach Med Spa.  These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information about Pacific Beach Med Spa and conduit to schedule appointments and to order gift cards and products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. Contact information above.


In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.


When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Return and refund policy
For any Thrush Timeless Touch skincare product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 30 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) services rendered are not eligible for refund.

Retention of right to change offering.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranties & responsibility for services and products
When we receive a return for Thrush Timeless Touch products, we will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us. Likewise, unused gift cards are refunded within 30 days of purchase with receipt of purchase.

Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Allureous, LLC or Pacific Beach Med Spa Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Indemnification


You agree to indemnify and hold Allureous LLC and orPacific Beach Med Spa, and its owners, employees, and independent contractors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Allureous, LLC, Pacific Beach Med Spa its owners, employees and independent contractors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Allureous, LLC, Pacific Beach Med Spa its owners, employees and independent contractors assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of California, United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in San Diego, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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