📚 Our Policies and Terms

✨ Terms of Service (Quick Summary)

This section gives you the big ideas. For those of us who don't want to read legal fine print before breakfast.

This summary is for your convenience, but it does not replace the full Terms below.

🧾 Terms of Service (Legally Binding)

What follows is the full legal version of our Terms of Service, in case you love reading those. And yes, we keep them around so everyone's on the same page if something ever goes sideways.

🟢 Section 1: Eligibility & Account Responsibility

  1. Contract Eligibility: You must be at least 18 years old and capable of entering into a binding agreement to use our services.
  2. Account Responsibility: You are responsible for maintaining the confidentiality of your accounts and for all activity under your login credentials.
  3. Client's Authority: You (the client) confirm that you have the right and any required consent to provide us with personal information about your consultants and customers for processing. We act as a service provider processing this data on your behalf.
  4. Operating Territory: At this time, we are only accepting clients for services based inside of:
    • 🇺🇸 United States of America

💰 Section 2: Billing, Payments & Refunds

  1. Billing: Our services are billed from the 1st through the last day of each month. We will e-mail invoices on the 11th of each month for regular monthly charges and any extra services completed from the previous month. If enrolled in autopay there is nothing more to do. If you will pay your invoices manually, payment is due by the 11:59pm CST on the 16 th of each month.
  2. Payments: We have a merchant account with ReliaBills. You will have a customer portal that you can log into, track payments and export billing/payment information at any time. Also, you are able to add a credit card or bank debit on autopay (recommended), or manually pay invoices via Visa, Discover, Mastercard or ACH- bank debit. Payments for invoices are due on the 16th of the month. If you are enrolled in autopay, you will automatically be charged. If you are not enrolled in autopay, please pay your invoice by 11:59pm CST on the 16th of each month.
  3. Payment Terms: Subscription fees are billed for the current month and must be paid in full to continue access. If payment fails or is not made, your services may be suspended or canceled. You are responsible for keeping your payment information current.
  4. Past-Due Balances: We allow a grace period of 9 days. On the 10th day past due, a late fee of $10 will automatically be charged. If your account becomes seriously past due (6 months or more) we reserve the right to seek legal action if necessary. If you're in a difficult situation, please contact us to discuss possible accommodations (case-by-case).
  5. Refund Policy: Monthly fees are generally non-refundable once a new service period has begun. If you cancel or discontinue service mid-month, we typically will not issue a prorated refund for the remaining period. Any exceptions or accommodations are at our sole discretion on a case-by-case basis.

⏰ Section 3: Business Hours & Availability

  1. Business Hours: We operate Monday thru Friday, 9am to 5pm, CST. We are a home-based business and everyday life can often be heard over the phone.
  2. Vacations & Holidays: Our office will be closed during certain holidays throughout the year during which no work will be done, no e-mail will be answered, and no phone messages will be returned. Clients will be notified well in advance of any vacation time we take via e-mail and Voxer group.
    Our office will also be closed for the following holidays:
    • New Year's Day
    • Memorial Day
    • Independence Day
    • Labor Day
    • Thanksgiving Day & the day after
    • Christmas Day
  3. Other Office Closures: We also may be closed due to inclement weather or any unforeseen reason. If we are closed, we will contact you to let you know that we are unable to perform services and will let you know once we are able. No credits are offered if we are closed and cannot complete work that day, as it will be picked up at another time and efforts will be made to "double up" on work during the time until we are caught up. Please understand that there are no credits for staff taking time off during our scheduled leave period (major holidays/two weeks of vacation).
  4. Customer Support: Support is available by Voxer and/or email during standard business hours. While we make an effort to be responsive, we do not guarantee specific response times or outcomes.

🔐 Section 4: Data & Privacy

  1. Your Data: You retain ownership of all contact and customer data you provide ("Your Data"). We process Your Data solely to provide the services you've requested. We do not sell or use Your Data for any unrelated purpose.
  2. Unique Password: Your password for InTouch should be significantly different than any of your other passwords for anything. This is to protect your interests should there ever be a security breach, because we must store and submit your password in order to log-in to InTouch on your behalf during the term of your active services. Authentication credentials are stored only while services are active or in the process of being terminated. Credentials are not used after service termination and are permanently deleted as part of our service termination and data purge procedures. See also our Data Security Policy.
  3. Artificial Intelligence: We do not use artificial intelligence to make decisions that significantly affect you or your contacts. Any automation we use is rule-based (e.g., updating contact lists or scheduling messages) and under our control.
  4. Third-Party Services: Some features depend on services like VipeCloud, ProjectBroadcast, or Geocod.io. These are subject to their own terms. We are not responsible for the operation, reliability, or data use policies of those services.
  5. Third-Party Messaging Compliance: If you use integrated services to send SMS or email, you are solely responsible for compliance with applicable laws, including TCPA and CAN-SPAM. We do not vet your content or manage opt-in/out status.
  6. Children/Minors: Our services are intended for use by adults in a business context. We do not direct our services to minors, nor do we knowingly collect personal information from anyone under the age of 13. If we become aware that we have inadvertently received personal data from a child under 13, we will delete it.

🎨 Section 5: Intellectual Property

  1. Our Intellectual Property: All designs, graphics, templates, campaigns, logos, and other creative materials created by Creatively Pink, LLC (“Creatively Pink”) are protected by copyright and remain the intellectual property of Creatively Pink unless expressly stated otherwise in writing. Clients are granted a limited, non-exclusive license to use these materials solely for their own business purposes during the term of their active services with Creatively Pink. Use of our original designs or graphics outside the scope of this license, or without express written permission, may constitute copyright infringement. Source files (such as editable graphics, flyers, postcards, or design files) may be provided to clients upon request; however, provision of source files does not transfer ownership or expand usage rights unless explicitly agreed in writing.
  2. Materials Provided Through Agency Agreements: Creatively Pink works with outside companies and agencies to provide certain graphics or creative assets to clients. These materials are subject to separate licensing agreements and are provided solely for the benefit of active clients and only for permitted uses under those agreements. Rights to use third-party or agency-provided materials may be more limited than rights to Creatively Pink's original works and may terminate immediately upon the end of your active services.
  3. Client Responsibilities: You agree not to upload, submit, use, or distribute any materials through our services that infringe upon the intellectual property rights of others, including copyrights, trademarks, or proprietary rights. You are solely responsible for ensuring that any content you provide or request us to use is lawfully owned or properly licensed.
  4. Client-Only Use and Redistribution Restrictions: All templates, campaigns, graphics, content, and materials created by Creatively Pink or provided through its agency partners are licensed only to active clients. While we respect and appreciate the collaborative and generous spirit often found within the Mary Kay community, our original materials are not intended for redistribution, resale, public sharing, or reuse by non-clients. Sharing, reposting, adapting, or distributing our content outside of your own business, or after your services have ended, without express permission may violate copyright and usage rights.

🌎 Section 6: Features & Automation

  1. Automated Content: Some features may use automation to update content or campaigns. You are responsible for reviewing content, whenever possible, before it is sent out at the respectively scheduled date/time.
  2. Upstream Data Disclaimer: Much of our service relies on data retrieved from MKIT. If MKIT experiences a disruption, inconsistency, or unannounced structural change (such as all New Consultants temporarily lacking phone numbers), it may result in unintended system behavior, including but not limited to: duplicate notifications, inaccurate contact list enrollment, or other forms of misclassification. While we strive to implement safeguards based on known patterns and past disruptions, we cannot guarantee that our automated systems will prevent or correct downstream effects caused by upstream data sources.
  3. Geographic Data Accuracy: Any disaster proximity notices or contact geocoding is provided "as-is". We do not guarantee accuracy or assume responsibility for safety decisions made using this information.
  4. Disaster Reports: At our discretion and when feasible, we may perform geographic queries in response to significant events (e.g., tornadoes, wildfires) to identify consultants and customers who may be affected. These reports are manually reviewed and batch-emailed to our clients with a brief description of the event and a list of contacts located within the estimated impact area. This information is provided "as-is" as a courtesy — to help you reach out to those who may need support — but the affected areas are only approximate. Our estimates are based on publicly available sources such as news reports, National Weather Service data, or updated disaster event maps, and may not reflect actual ground conditions.

🚫 Section 7: Behavior, Suspension & Termination

  1. Client Integrity: You agree to use our services honestly and in good faith. You will not provide false or misleading data, impersonate others, or use our platform to deceive customers or manipulate systems.
  2. Termination: We may suspend or terminate your access for misuse, nonpayment, or violations of these Terms.
  3. Right to Refuse Service: We reserve the right to refuse service or terminate your account at any time, for any reason, including behavior we determine to be abusive, deceptive, or harmful to our platform or other users.
  4. Service Availability: We strive to maintain high uptime but cannot guarantee uninterrupted access. Maintenance or outages may occur.
  5. Disclaimer of Affiliation: Creatively Pink, LLC is not affiliated with, endorsed by, or sponsored by Mary Kay Inc.

⚖️ Section 8: Legal Limits, Liability & Resolution

  1. Disclaimer of Warranties: Our services are provided "as is" and "as available," without warranties of any kind, either express or implied. We make no guarantees that our services will meet your expectations or operate without interruption or error.
  2. Limitation of Liability: To the fullest extent permitted by law, Creatively Pink, LLC is not liable for indirect, incidental, or consequential damages, including loss of data or profits, resulting from your use of our services.
  3. Indemnification: You agree to indemnify and hold harmless Creatively Pink, LLC and its staff from any claims, losses, or expenses arising out of your use of our services or your violation of these Terms.
  4. Force Majeure: Creatively Pink will not be liable for delays or failure to perform services due to causes beyond our reasonable control (e.g., natural disasters, power/internet outages, third-party service failures, etc.). We will, however, make reasonable efforts to resume service as soon as possible in such events.
  5. Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  6. Governing Law: These Terms are governed by the laws of the State of Nebraska, without regard to conflict of laws principles.
  7. Changes to Terms: We may update these Terms from time to time. If changes are significant, we will notify you via email.

🔏 Privacy Policy

This Privacy Policy explains how Creatively Pink, LLC collects, uses, and protects your data.

🩷 Who are we?

Creatively Pink, LLC is a Nebraska-based limited liability corporation. If you have questions about this Privacy Policy or how your data is handled, please contact us at: support@creativelypink.com.

💬 Definitions

Let's clarify some important terms we use in this policy:
  1. Your Data is what we get from MKIT to perform your service.
    Examples: a list of your consultants and customers, or facts from reports like Star Consultants, PCP Customer Enrollment, etc.
  2. Our Data is what we generate, build, license, buy, or otherwise provide while doing business together.
    Examples: contact lists, templates, shared Boards, content in our Facebook director group, and content in our "shared with you" library (documents, videos, graphics).

ℹ️ What information do you collect?

  1. We pull most of your data from MKIT to perform your service, such as:
    1. Customers' contact information
    2. Unit members' contact information
    3. NSD Area Members' contact information
    4. Reports, such as:
      1. PCP Customer Enrollment
      2. Star Consultants
      3. ...and similar other reports, if necessary.
    5. Your MKIT profile (basic info plus which seminar you are in: Ruby, Pearl, etc.)
    6. ...and similar others, as necessary, in order to provide our service.
  2. If you had another service previously, then we might be able to migrate your customized content e.g. email templates, files, or contact lists.
  3. WordPress: our website keeps various (anonymous) visitor statistics, and may have additional Cookies.

🤖 How do you use the information?

  1. We generate and keep updated various useful contact lists from your contacts' data.
  2. We geocode the street addresses for your contacts to make geospatial queries possible.
    Sometimes we may try to notify you who was near a recent disaster event e.g. wildfire or tornado.

🤝 What information do you share?

  1. We don't sell or share your data.
  2. We do synchronize your information as needed to perform your active services with us.
    • An example: pushing contacts and contact lists to VipeCloud.
    • An example: updating tags and campaigns in ProjectBroadcast.
    • ...and similar actions exclusively to perform our services.
  3. We may disclose information if required by law (e.g., subpoena or court order) or to protect our rights.

🍪 What about Cookies?

  1. We're not in the advertising or data-selling business.
  2. The cookies used on our site are limited to basic functionality (like logging in), and WordPress may collect anonymous, high-level visitor statistics.
  3. We don't use cookies for marketing, and we don't monetize visitor data.

😞 What happens if we part ways?

⏰ Data Retention Policy

  1. Your data is retained for approximately 6 months after your last payment, to support a smooth return if you choose to restart services.
    • After that period, we receive an alert that an inactive client purge is due and will carry it out at our earliest convenience. While the purge process is automated, it's manually triggered--since each client's situation and reason for leaving are unique.
    • This retention window is meant to benefit both of us:
      1. If you decide to come back within that time, your data may still be available.
      2. It also helps us reduce personal data exposure by deleting records no longer in use.
  2. Our data will be removed from your accounts upon termination.
    • Importantly, this includes our contact lists, our templates, and any access to our shared files.
    • Some of our digital assets are only licensed for use by clients, so we remove them when services end.
  3. We reserve the right to purge your data immediately if we plan to refuse future services.

🧑‍⚖️ Legal basis for processing

We process your data under the following legal bases:

📡 Subprocessors

We rely on a small number of third-party services ("subprocessors") to deliver our services.

These subprocessors may process your data on our behalf:
We only share the minimum information required for our delivered services to function.

🔎 Your rights

🔀 Changes to this Policy

We may update this Privacy Policy from time to time. We will notify you via email if there are significant changes.

📜 California Privacy Rights Policy

This section applies only to California residents and supplements the rest of our Privacy Policy, in accordance with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

🔐 Data Security Policy

™️ Trademarks and Affiliations

  1. Creatively Pink, LLC is an independent business. We are not part of Mary Kay Inc., and they do not endorse or sponsor our services.
  2. Mary Kay® and Mary Kay InTouch® are registered trademarks of Mary Kay Inc.
  3. We do not represent ourselves as authorized agents of Mary Kay Inc. and our tools are for supplemental, unofficial use.
  4. All other product names, logos, and brands referenced on this site are the property of their respective owners.

🔀 Changes of Policy

Creatively Pink, LLC • Omaha, Nebraska • support@creativelypink.com

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