Last updated: 05/06/2018
Your privacy is important to us, and we understand how important it is to you. Our aim is to be as clear and open as possible about what we do and why we do it.
We've set out all the details below.
Please take the time to read and understand this policy.
To help you, we've included some links to other websites. It's worth remembering though that other people, not us, control these websites. We're not responsible for them.
- 1. About Us
Seventh August IT Services Pvt. Ltd. (“Company”) is the operator and licensee of www.artoreal.com
(“Website”) And the Company can be contacted by clicking Contact Us.
- 2. When do we collect your personal data?
a) Direct interactions
You may give us your Identity, Contact, Special Category and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes sharing of personal data for the following purpose
- By registering accounts on our website including setting up passwords and preferred user names, contact details, account details;
- Ordering our products or services;
- Subscribe to our service or publications or newsletters;
- Request marketing material notifications to be sent to you;
- Membership start and end date;
- Records of your interactions with us such as telephone conversations, emails and other correspondence and your instructions to us;
- Enter a contest, promotion or survey;
- Providing your feedback;
- By filling in forms, for example when you sign up to offers, news or a contest;
- By sending us emails and text messages (SMS or MMS or WhatsApp or Chat Service);
- By adding posts, reviews and other comments to our website;
- By liking or disliking our offers and promotions;
- By adding offers, promotions or products to your shopping / wish lists on our website;
- By interacting with us on social media platforms such as Facebook or twitter etc.;
b) Automated technologies or interactions.
Log Files. Log information is data about your use of the Service, such as IP address, browser type, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
c) Third parties or publicly available sources.
We may receive aggregated personal data about you from various third parties as set out below:
- Technical Data from the following parties:
- Analytics providers such as Google, Facebook, etc.;
- Social media platforms such as Facebook or twitter, etc.;
- Advertising networks; and
- Search information providers.
What sort of personal data do we collect?
We may collect, store, and use the following categories of personal information about you:
a) Identity Data
- First name
- Last name
- System generated unique ID
- Shop Name
- Date of birth
- National Insurance or TAX ID number / PAN card
- Driving licence
b) Contact Data
- Billing address
- Shipping / Delivery address
- Email address
- Telephone numbers
c) Financial Data
- Bank Account Number
- Name as per Bank Account
- GSTIN – Indian Customers
d) Transaction Data
Details about payments to and from you and other details of products and services you have purchased from us. These include:
- The time, date and location of purchase;
- The products you buy from us;
- Any relevant billing, delivery address;
- Any vouchers, coupons or other alternative means of payment you may use, as well as relevant transaction id and payment method while making payment.
e) Technical Data
- Internet protocol (IP) address;
- Your login data;
- Browser type and version;
- Operating system and platform and other technology on the devices you use to access this website;
- Information where you came to our site from, and where you went when you left it.
f) Profile Data
- your username and password;
- purchases or orders made by you;
- your interests, preferences, feedback and survey responses;
- Profile image;
- About and;
- Products you uploaded for selling in case of a seller.
g) Usage Data
- Information about how you use our website, products and services;
- Information on what you view, click on access by way of our marketing emails and text messages, website and mobile.
h) Marketing and Communications Data
Your preferences in receiving marketing from us, our third parties, and your communication preferences.
i) Aggregated Data (sometimes referred to a pseudonymised data)
j) Special Category Data
We do not collect, store and use the following “special categories” of more sensitive personal information regarding you.
- Information about your race or ethnicity, religious beliefs and sexual orientation;
- Information about your health, including any medical condition, health and sickness records, medical records and health professional information;
- Any criminal records information in relation to you, and
- Biometric information about you, for example fingerprints, retina scans.
- 3. How and why do we use your personal data?
We will only use your personal information when the law allows us to. We will use your personal information in the following circumstances:
- The processing is necessary for reasons of substantial public interest, or for official purposes or requested for by the CBI, police or governmental authorities on a lawful basis;
- It is necessary for the establishment, exercise or defence of legal claims;
- It is necessary for the purposes of carrying out the obligations and exercising our or your rights in the field of employment and social security and social protection law; or
- Based on your explicit consent.
- Where we need to perform the contract we have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
a) Legitimate Interest
- Means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience;
- We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests;
- We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else's interests);
- Where it is needed in the public interest or for official purposes.
b) Purpose/ activity, type of data and lawful basis for processing
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
(a) Registering or Performance of a contract with you
(b) Your consent
(c) Necessary for our legitimate interest to set up and manage your account
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to fulfil your order or recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(c) Responding to your queries and comments, social media posts and questions.
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
(d) Your consent
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics gathered from our website to improve our website, products/services, marketing, customer relationships and experiences
(c) Aggregated Data
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(f) Aggregated Data
Necessary for our legitimate interests (to develop our products/services and grow our business)
To power our security measures and services in order to protect you and our business
Necessary for our legitimate interest so you can safely access our website and mobile apps. It also lets us do things such as recognise your username and password, as well as reset them if you happen to forget what they are.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
If you have expressly opted-in to receive marketing from us we may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
e) Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside artOreal for marketing purposes.
f) Opting out
You can ask us or third parties to stop sending you marketing messages at any time by clicking Contact Us.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service subscription / purchase, product/service experience or other transactions.
g) Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- 4. Disclosure of Personal Data
On occasion we may have to share your personal data with the parties set out below for the purposes set out.
a) Internal Third Parties
Companies, brands and businesses within our group. For example, we’ll share information from our online business with www.tumbhi.com and there are similar arrangements between our other online businesses. This is because we hope to have a relationship with you across all our different brands and businesses, if not now, then sometime in the future and we want to be able to provide you with the same value-for-money, high quality experience whenever and however you sell / shop with us. It’s also the only way we can provide you with the best benefits.
b) External Third Parties
- Service providers: acting as processors based within and outside the EEA who provide IT and system administration services.
- Professional advisers: acting as processors or joint controllers including lawyers, bankers, auditors and insurers based within and outside the EEA who provide consultancy, banking, legal, insurance and professional service providers.
- Regulators and other authorities: acting as processors or joint controllers based in India who require reporting of processing activities in certain circumstances.
- Other people who help us provide our websites, mobile apps and related services to you: They include information technology experts who design, develop and host our websites, and payment services companies that make it easy for you to use your credit or payment cards with us. Other examples include market research companies, marketing, advertising, design and PR organisations and general service companies such as printers, mailing houses and form-scanning service providers.
- Our insurers and insurance brokers: who provide us with comprehensive cover against the risks of running a business as big as ours. (They may keep this information for the purpose of ongoing risk assessment and insurance broking and underwriting services.)
- Banks and finance companies: where we have allowed them to offer you the possibility of buying our products on credit or with a loan arranged through online. (They may keep this information for their related banking and finance purposes)
- Third-party companies: whose products and services we sell, so they can better understand the profile of our customers who buy from or are interested in them. However, all the information we share will be collected and anonymised, so neither you nor any of your devices can be identified from it.
- With social media companies such as Facebook and Twitter: and our advertising partners to enable us to run targeted promotions for you on their platforms;
- Any new business partners: we may have over time, for example, in the event of a joint venture, reorganisation, business merger or sale that affects us.
- The Police, local authorities, the courts and any other government authority: if they ask us to do so (but only if us doing so is lawful).
- Other people who make a ‘subject access request': where we are required to do so by law.
- We may also share the information we collect where we are legally obliged to do so, e.g. to comply with a court order.
- Social media, blogs, reviews, etc.
- Any social media posts or comments you send to us: (on the artoreal Facebook page, for instance) will be shared under the terms of the relevant social media platform (e.g. Facebook or Twitter) on which they’re written, and could be made public. Other people, not us, control these platforms. We’re not responsible for this kind of sharing. Before you make any remarks or observations about anything, you should review the terms and conditions and privacy policies of the social media platforms you use. That way, you’ll understand how they will use your information, what information relating to you they will place in the public domain, and how you can stop them from doing so if you’re unhappy about it. It’s worth remembering too that any blog, review or other posts or comments you make about us, our products and services on any of our blogs, reviews or user community services will be shared with all other members of that service and the public at large. You should take extra care to ensure that any comments you make on these services, and on social media in general are fit to be read by the public, and are not offensive, insulting or defamatory. Ultimately, you are responsible for ensuring that any comments you make comply with any relevant policy on acceptable use of those services.
- Third parties: to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
c) International Transfers
We share your personal data within the artoreal Group on need to know basis with confidential obligation mentioned here in. This may involve transferring your data outside the European Economic Area ( EEA).
Some of our external third parties are based outside the European Economic Area ( EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Where we use providers based in the US, we may securely transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on how we transfer your personal data out of the EEA.
- 5. How we protect your personal data?
A lot of the information we receive reaches us electronically, originating from your devices, and is then transmitted by your relevant telecoms network provider.
Where it's within our control, we put measures in place to ensure this 'in flight' data is as secure as it possibly can be.
Once it arrives at artoreal, you can be sure we take the security of your information very seriously.
We use appropriate procedures and technical security measures (including strict encryption, anonymisation and archiving techniques) to safeguard your information across all our computer systems, networks, websites, mobile apps and offices.
Sensitive data like, Passwords are protected for both data in transit and data at rest by data encryption. In addition to encryption, we have implemented robust network security controls to help protect data in transit. Network security solutions like firewalls and / or network access control to secure the networks used to transmit data against malware attacks or intrusions.
We use secure means to communicate with you where appropriate, such as 'https' and other security and encryption protocols.
If you have any concerns about the security of your own personal computers and mobile devices, we suggest you read the advice of ‘Get Safe Online’, which can be accessed here.
- 6.How long will we keep your personal data?
To make sure we meet our legal data protection and privacy obligations, we only hold on to your information for as long as we actually need it for the purposes we acquired it for in the first place.
In most cases, this means we will keep your information for as long as you continue to shop with us or use our services, and for a period of time afterwards if you stop doing so just in case you begin shopping with us again.
After that we will either delete it or anonymise it so that it cannot be linked back to you.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 5 years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- 7. What are your Rights of access, correction, erasure, and restriction over your personal data?
a) Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes by keeping your details up to date on your artoreal online account.
b) Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access: To your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- No fee usually required: You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
- Time limit to respond: We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- Request access: Of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. We may need to verify the accuracy of any new data you provide to us.
- Request erasure: Of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing: Of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which means we can continue to process your personal information.
- Request the restriction of processing: Of your personal information. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data's accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer: Of your personal information to another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Right to withdraw consent at any time: Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
c) Fees for excessive or unreasonable requests
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
d) What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
- 8. Data Protection Officer