PRIVACY AND COOKIE NOTICE (INDIA)

PRIVACY AND COOKIE NOTICE (INDIA)

At www.kiehls.in we take the protection for your Personal Information (such as name; address; phone number; date of birth; e-mail address; gender; language preference) very seriously. We collect Personal Information that you provide to us voluntarily and process it for the following purposes ("Purposes"):

• To take and fulfill orders and deliver products in our catalogue to you;
• To directly market to you, with your permission;
• To understand and analyze our sales, and your needs and preferences;
• To develop, enhance market and provide products and services to meet your needs;
• To enable you to participate in promotions and contests;
• To enable you to participate in customer research or focus groups;
• To comply with the law;
• To improve our shops;
• To respond to requests or complaints; and
• To enable you to participate in our customer loyalty schemes and to manage your membership thereof.

We may hold or process such Personal Information securely anywhere in the world, for as long as is necessary for the Purposes.

Subject to your consent, we may communicate with you through a variety of channels, including through our stores, our customer loyalty schemes, through the internet, and through a variety of means such as post, email, phone, WhatsApp, fax, or text message, subject to your preference.

Our Website makes use of cookies as well as beacons to help us provide a better user experience. You may choose to decline cookies, but doing so may affect your use of our web site and your ability to access certain features of the site or to engage in transactions.

QUICK GUIDE TO CONTENTS

1. OUR APPROACH TO PRIVACY
2. ABOUT INFORMATION COLLECTION
3. PERSONAL INFORMATION
4. NON-PERSONALLY IDENTIFIABLE INFORMATION
5. WHEN IS PERSONAL INFORMATION COLLECTED AND HOW IS IT USED?
6. CUSTOMER CONSENT (OPT IN- UNSUBSCRIBE)
7. ACCURACY OF INFORMATION
8. ACCESSING AND UPDATING PERSONAL INFORMATION
9. EFFECTIVE DATE AND CHANGES TO THE PRIVACY POLICY
10. HOW DO WE KEEP YOUR INFORMATION SECURE?
11. CONTACT US
12. POLICY UPDATES
13. COPYRIGHT

1. OUR APPROACH TO PRIVACY

1.1. At www.kiehls.in, we recognize that the protection of your Personal Information is a very important principle in building trust and maintaining a good relationship with you. In this Privacy Policy the first person ("we", "our", "us", "ours") denotes Quest Retail Private Limited or any of its subsidiaries all connected to Quest Retail Private Limited (in short, the "Distributor"), the authorized distributor of L’Oréal India Private Limited (“L’Oréal”) for Kiehl’s-branded products in India. We are responsible for the collection of the Personal Information and bound by this Privacy Policy.  The second person ("you", "your", "yours") denotes generally the individual providing Personal Information or any other information, being the subject matter of this Privacy Policy.

1.2. This Privacy Policy details our commitments and your rights regarding the Processing of your Personal Information in line with applicable legislation.

1.3. We are responsible for the Personal Information under our control, including Personal Information disclosed by us to a Vendor (often referred to as the data processor). "Vendor" in this Privacy Policy means in relation to Personal Information any person or entity (other than an employee of the Distributor) who processes the Personal Information on behalf of the Distributor, including L’Oréal. "Processing", in relation to Personal Information, means for example obtaining, recording, holding or using the Personal Information anywhere in the world or carrying out any operation or set of operations on the Personal Information, including (a) organization, adaptation or alteration of the Personal Information, (b) retrieval, consultation or use of the Personal Information, (c) disclosure of the Personal Information by transmission, dissemination or otherwise making available, or (d) alignment, combination, blocking, erasure or destruction of the information or data;

1.4. In certain specific instances, this Privacy Policy may also be supplemented by additional policies and terms, or by short Privacy Statements used in connection with particular purpose(s) or on various forms, which we may identify to be applicable.

1.5. Quest Retail Private Limited which is the distributor of Kiehl’s-branded products in India is incorporated in India and registered under the Companies Act, 1956.

1.6. We take every measure to provide a comparable level of protection for Personal Information should the information be processed by a Vendor.

1.7. By providing your Personal Information, you consent to the collection and use or otherwise Processing (including disclosure) of your Personal Information in the manner and for the Purposes described in this Privacy Policy.

2. ABOUT INFORMATION COLLECTION

2.1. We communicate with you through a variety of means and channels, including through our stores, our customer loyalty schemes, through the internet (via our information or selling web sites) and whether by post, email, phone, WhatsApp, fax, or text messaging on your mobile phone, although we do generally note that our preferred means of communication is email which has the least impact on the environment. Such communications may involve giving to you, as well as receiving information from you. Some of the information that we receive is personally identifiable information (as defined in section 3 below), while some information (particularly information collected through your access of our Website) is non-personally identifiable information (as described in section 4 below). This Privacy Policy is primarily concerned with the Processing of Personal Information.

2.2. We provide you with information that explains why the Personal Information is needed and how the Personal Information will be processed.

3. PERSONAL INFORMATION

3.1. We at www.kiehls.in limit the amount and type of information that we collect to that which is necessary for the identified purposes and do not collect your Personal Information unless you (directly or indirectly) provide it to us voluntarily.

3.2. Although the precise details of the Personal Information collected will vary according to the specific purpose, we may typically collect the following Personal Information from or in relation to you:

3.2.1. Name;

3.2.2. Address;

3.2.3. Phone number(s);

3.2.4. Date of birth;

3.2.5. E-mail address;

3.2.6. Gender;

3.2.8. Language preference; and merchandise category preferences

3.2.9. Identity card number

4. NON-PERSONALLY IDENTIFIABLE INFORMATION

4.1. Where we collect information through our web sites, as is the case with many other web sites, we automatically collect certain non-personal information regarding web site use that does not identify you. Examples include the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Website, the internet address of the web site from which you linked directly to our Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the content you download from our Website.

4.2. We may use non-personal information to compile tracking information reports regarding site user demographics and site traffic patterns. None of the tracking information in the reports can or will be connected to the identities or other Personal Information of individual users.

4.3. In this way, your visit to our web site will be logged; however, you will remain anonymous to us unless you specifically choose to share information with us. We use this information about the way in which our customers use our website to better understand which features are most popular and best meet the needs of our visitors.

4.4. When we use Microsoft Clarity advertising/targeting services on our websites, apps and/or devices. Microsoft Clarity will access and use your personal data when we utilize their services. If you would like to learn more about how Microsoft Clarity uses your personal data in this context, please review their Microsoft Clarity Terms of use available here and Microsoft Privacy Statement available here which govern these services and data processing.

5. WHEN IS PERSONAL INFORMATION COLLECTED AND HOW IS IT USED?

5.1. We at www.kiehls.in collect Personal Information for the following purposes ("Purposes"):

5.1.1. To take and fulfill orders and deliver products in our catalogue to you;

5.1.2. To direct market to you, with your permission;

5.1.3. To develop, enhance and market products and services to meet your needs;

5.1.4. To enable you to participate in promotions and contests;

5.1.5. To enable you to participate in customer research or focus groups;

5.1.6. To comply with the law;

5.1.7 To improve our Shops; 

5.1.8. To respond to requests or complaints; and

5.1.9. To enable you to participate in our customer loyalty schemes and to manage your membership thereof.

5.2. Our use of cookies on the Website:

5.2.1. To customize the content and see how users move through our website, cookies, and other such technologies are used. Cookies are used to carry information from one session on a website to another, or between sessions on related websites for the smooth working of the website, hence, information received from cookies supports us in making decisions about the ways to improve the services offered by us and enhance the user experience.

5.2.2. We may engage third-party service providers to act on our behalf to analyze the usage of our website users. These third parties collect and share the usage information about visits to our website and, sometimes by correlating this information with other information (e.g., your IP address) to track page usage.    

•           Tracking requests will only be initiated, and cookies will only be used upon receiving explicit consent. 

•           In the absence of consent, neither tracking requests nor cookies will come into play. Upon granting consent, tracking requests will be activated and cookies will be used. 

5.2.3. We only use cookies that are necessary for the website to function as part of default cookies. Other cookies are activated only in response to actions made by individuals amounting to a request for services, such as setting your privacy preferences, logging in, or filling in forms.   

5.3. Below you can find out more about the purpose of each type of Cookies we use on https://kiehls.in:

Cookie Key	Domain	Path		Cookie type	Expiration	Description
form_key,mage-messages,section_data_ids,mage-cache-sessid,PHPSESSID,_hjSessionUser_,cf_clearance,first_session,mage-cache-storage-section-invalidation,	Kiehls.in	/	Session cookies / Persistent cookies		1800 Sec
CONSENT cookie was first detected on: https://<Client>.in/about

Cookie Key	Domain	Path	Cookie type	Expiration	Description
private_content_version,product_data_storage,recently_viewed_product,recently_compared_product_previous,mage-cache-storage,recently_viewed_product_previous,	Kiehls.in	/	Store cookies	50000 Sec
YSC cookie was first detected on: https://<Client>.in/about
VISITOR_INFO1_LIVE cookie was first detected on: https://<Client>.in/about

S.no	Cookies Subgroups	Cookies	Cookies Used	Lifespan
1	https://tagmanager.google.com   ./facebook.com   .dubleclick.in           CleaverTap	_ga       ps_n   receive.cokie-deprecation     WZRK_G	First Party       First Party   First Party       First Party	60 Days     90 Days   120 Days   120 Days     60 Days

5.4 Your personal information will be collected via cookies and other similar tracking technologies with prior consent from you. We will maintain a record of the types of cookies that you have authorized us to use and ensure adherence to your preferences. If you do not wish to accept cookies from the company website, you can leave this website or configure your browser to block or certain categories of cookies. Your browser may also be able to delete previously stored cookies. 

When you first visit our site, you are asked to accept the use of certain cookies, by displaying a dedicated information banner. If you expressly accept or if you continue to browse our site, you consent to the use of cookies on your device.

Cookies also enable us to track and aggregate clickstream behaviour data. If a user rejects or deletes the cookie, he/she may still use our site. The only drawback to this is that the user will be limited in some areas of our site.

Through this approach, we can more precisely focus on the preferences of our users and elevate their interaction with our website. The Distributor upholds conventional weblogs that capture information regarding all visitors to this site. These logs might contain:

•           The internet domain you used to reach this website

•           Your IP address (When you browse the internet, your computer is assigned an IP address, which can be either static or dynamic. A static IP might be personally identifiable, while a dynamic one generally isn't.)

•           Your browser type and operating system

•           The specific date and time of your visit to this site

•           The pages you accessed during your visit

 

We might utilize weblogs to recognize individuals attempting to breach, disturb, intrude, or harm our website. If we have reason to believe there is evidence, we could potentially share weblog data with law enforcement authorities.

5.5 Please see your browser's help facility for information on setting how cookies are handled and managing cookie preferences. While the default configuration of most browsers is to accept cookies, you have the option to tailor this to your preference. You can decide to accept all cookies, consistently decline them, or cherry-pick which cookies to accept based on their origins. Regularly, you can clear cookies from your device via your browser. It's crucial to remember to configure each browser across your diverse devices—whether they're tablets, smartphones, computers, or the like.

Each browser offers distinct parameters for managing cookies and accommodating your choices. You can find comprehensive instructions in your browser's help section, guiding you through the process of adjusting your cookie preferences. You can block, delete, or disable cookies on the browser whenever you want by following the instructions provided in the links below. Please note that by deleting cookies or disabling future cookies you may not be able to access certain areas or features of the website. 

• Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Chrome: https://support.google.com/chrome/answer/95647?hl=en
• Safari: https://support.apple.com/kb/PH19214?locale=en_GB
• Edge: edge://settings/content/cookies 

5.6. We only keep Personal Information for as long as is necessary to satisfy the specified purposes, for which it was collected. We retain Personal Information in accordance with our own guidelines, procedures and principles and in line with the Indian law

5.7. We may disclose your Personal Information if we are required to do so by law or requirement of a competent authority.

5.8. In addition to the above, we may from time to time work on specific initiatives with carefully selected third party companies/organizations (outside of the Distributor) to share opportunities with you. If we do this, we will inform you at the time of such initiatives that, if you decide to submit any Personal Information, it will be shared with those selected companies/organization and will only do so with your prior consent.

5.9. You will always be given the opportunity to consent (opt in) to your information being shared, and the selected companies/organization will be sufficiently identified to allow you to make an informed decision. If you do consent (opt in) and subsequently visit such companies'/organizations’ websites, we cannot control how they use or otherwise process any Personal Information you provide directly to them. We always encourage you to check their sites' terms and conditions and privacy policy before you give out any Personal Information.

5.10. If you do consent (opt in) to receive these communications, you may unsubscribe at any point in the future by contacting us as provided below.

5.11. We will only use your Personal Information for a purpose that has been specified prior to its use or where the Processing of your Personal Information is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract or Processing is necessary for other legal purposes.

6. CUSTOMER CONSENT (OPT IN - UNSUBSCRIBE)

6.1. Opt In: We at www.kiehls.in will not use your Personal Information for a purpose that has not previously been specified, unless we have previously obtained your consent or unless such purpose is required by law.

6.2. Consent to provide Personal Information is not a condition for our selling a product to you, unless the information requested is required to fulfill an explicitly specified and legitimate purpose.

6.3. In particular we will seek your explicit prior consent (opt in) before sending to you marketing communications.

6.4. Unsubscribe: At any time, you can withdraw your consent to our collection, use or disclosure (generally Processing) of your Personal Information by (I) contacting us, or (ii) writing to us in the prescribed manner (whether by email or call), as specified in our communications to you, or in relevant forms that you might have signed (e.g. for our customer loyalty scheme). If you have any concerns whatsoever, with regard to the unsubscribe functionality that we make available to you, pursuant to this section, please contact us at the address or medium shown in section 11 below.

6.5. If you have previously opted into receiving commercial communications from us, while also becoming a member of our loyalty scheme, should your membership to such scheme comes to an end for whatever reason, we will not take this to imply an automatic request to unsubscribe, and we will assume that we have your continued consent, unless you specifically unsubscribe

7. ACCURACY OF INFORMATION

7.1. We at www.kiehls.in keep Personal Information as accurate, complete and up-to-date as necessary, taking into account its use and the interests of our customers.

7.2. You are responsible for informing us about changes to your Personal Information and for ensuring that such information is accurate and current.

8. YOUR RIGHTS AS THE DATA PRINCIPAL

8.1. Customers have a qualified right to access, rectify, or delete your Personal Information that is processed by us with your consent, and to receive an account of its use and disclosure. You also have the right to nominate a third party for the purposes of processing your Personal Data in case of your death or incapacity. We recommend that all customer requests for access to Personal Information held by the Distributor be made in writing by contacting us using our details listed at the end of this Privacy Policy, although we will not impose a formal requirement in this regard. However, we may require you to provide us with additional information reasonably necessary for us to satisfy your request.

8.2. We will amend the Personal Information contained in our database or elsewhere as required when an individual successfully demonstrates the inaccuracy or incompleteness of the Personal Information. An amendment may involve the correction, deletion or addition of information and notification to third party to whom the data have been disclosed. However, we may be unable to amend past purchase information or return transaction information.

9. EFFECTIVE DATE AND CHANGES TO THE PRIVACY POLICY

9.1. This Privacy Policy is effective as of March, 2019

9.2. We reserve the right to change our Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes on our Homepage so our users are always aware of what information we collect from them, how we use it, and under what circumstances, if any, we disclose this information to third parties. Homepage in this Privacy Policy means the homepage of the corporate web site of the Distributor (in short "Website"), currently located at the following URL: www.kiehls.in

9.3. If at any point we decide that we wish to use Personal Information for any purpose other than, or in addition to the Purpose(s) listed in this policy or from that stated at the time this information was collected, we will notify you by way of an email, unless we do not have your email address, in which case we will use any other means of communication available to us depending on the contact details that you have provided to us. We will only proceed with such use, if we receive your consent with respect to such additional purposes’ (not previously communicated, or not previously included in this policy).

10. HOW DO WE KEEP YOUR INFORMATION SECURE?

10.1. We at the Distributor protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification with security safeguards appropriate to the sensitivity of the Personal Information, regardless of the format in which it is held.

10.2. We use various methods to safeguard Personal Information. They include:

10.2.1. Physical measures: locked filing cabinets, restriction of access to offices, and company alarm systems.

10.2.2. Technical tools: passwords and encryption, using generally industry best practices.

10.2.3. Organizational controls: confidentiality agreements, limiting access on a need-to-know basis, staff training and security clearances.

10.3. Online security is also a priority. The Distributor incorporates security measures such as encryption and authentication tools to protect your Personal Information from unauthorized use. Firewalls are utilized to protect our servers and network from unauthorized users accessing and tampering with files and other information that we store.

10.4. Other uses of your personal information

We may also send you other information about us, the Site, our other websites, our products, sales promotions, our emailers, RCS, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or follow the un-subscription process as detailed in the RCS, SMS. Kindly note that unsubscribing from one medium does not automatically lead to un-subscription from the other. Within 7 business days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. If your instruction is unclear we will contact you for clarification.

10.5. Competitions

For any competition we use the data to notify winners and advertise our offers. You can find more details where applicable in our participation terms for the respective competition.

10.6. Third parties and links

We may pass your Personal Information collected for the purposes of marketing, sales, advertising, promotion, and distribution of L’Oréal products to L’Oréal. We may share your details to other companies in our group, subject to prior notice and your prior consent on such sharing of your Personal Information. We may also pass your details to our agents and subcontractors to help us with any of our uses of your data set out in our Privacy Policy. For example, we may use third parties to assist us with delivering products to you, to help us to collect payments from you, to analyze data and to provide us with marketing or customer service assistance. We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your personal information if we sell our business or part of it. Other than as set out in this Privacy Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law. The Website may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.

10.7. Security

We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secure server. We use firewalls on our servers. When we collect payment card details electronically, we use encryption by using Secure Socket Layer (SSL) coding. Whilst we are unable to guarantee 100% security, this makes it hard for a hacker to decrypt your details. You are strongly recommended not to send full credit or debit card details in unencrypted electronic communications with us. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer.

10.7. Consent

By submitting data to us or our agent or using the Site, you consent to our use of your data in the manner set out in this Privacy Policy.

11. CONTACTING US

If there are any questions or concerns regarding this Privacy Policy or the Distributor’s data collection practices outlined herein, or if you would like to exercise any of your rights above, please contact us at +91-96509-44451 or email us at [email protected]

If you have any questions or concerns about how L’Oréal treats and uses your personal data, please contact L’Oréal at [email protected] or by writing to us at L’OREAL INDIA PRIVATE LIMITED, A- Wing, 8th Floor, Marathon Futurex, N.M. Joshi Marg, Lower Parel, Mumbai – 400013.

12. POLICY UPDATES

We reserve the right to change or update this policy at any time by placing a prominent notice on our Website. Such changes shall be effective immediately upon posting to this Website.

13. COPYRIGHT

We have copyright over this Privacy Policy. Use by third parties, even by way of extract, for commercial purposes is not allowed. Infringements may be subject to legal action.