Date: January 2020
1. GENERAL
1.1. Crowd Media B.V., organised under the laws of the Netherlands, having its place of business at Piet Heinkade 95B, 1019 GM, Amsterdam, registered with the Chamber of Commerce in Amsterdam under number 68741839, (herein referred to as the “data controller”, “we,”, “us” or “our”) provides and makes available certain websites, including, without limitation, www.thelondonlabs.com (collectively, the “Site”), pursuant to which we offer hair care advice and tips on trends and practices (the “Company Services”), as well as making available London Labs’ unique hair care products for purchase (the “Products”) to our Site visitors (“you”, “your”).
1.2. This Privacy Policy explains the ways in which we may collect, store, use and, in certain circumstances, disclose (all together “process”) your Personal Data when you visit or use our Site or other services we offer, in accordance with all applicable laws.
1.3. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us. If you do not agree with the terms of this Privacy Policy, then do not browse our website and/or use our Services available through it/contained therein.
1.4. “Personal Data“, as used in this Privacy Policy, means any information relating to an identifiable person who can be, directly or indirectly, identified in particular by reference to an identifier. To give you a clearer idea of the aforesaid definition, Personal Data may include your name, home address, home or mobile telephone number, e-mail address, age, personal preferences and opinions; basically, any information that may be personally associated with you. In section 2 below, we describe your personal data that we process.
1.5. In case any Personal Data you provided us with will be identified as being “Sensitive Data” (such as, but not limited to, information with respect to your racial or ethnic origin, political opinion, sexual preference or religion), we will ask your explicit consent for the use of such Personal Data in case such is legally required.
2. PERSONAL DATA WE COLLECT
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:
2.1. Personal Data that you provide
When you purchase Products on our Site, you will provide us, at least, with your name, shipping address, email address and, depending on the selected payment method, with other Personal Data such as your bank account or credit card details. Additionally, you may also provide us with, without limitation, your birth date, (mobile) phone number, likes, dislikes or any other information you voluntarily share with us. Furthermore, we will need your Personal Data in case we are in postal, phone or electronic mail contact with you (for example because of a refund you are requesting).
Also, when you create an account with us, we will keep your first and last name and email address as well as your home address, phone number, shipping address, billing address, banking details, order history and wish list. We will store the data in your account for as long as you are a customer. In case you did not use your account for 7 years all data will be deleted. You can delete your account at any time, however, we may need to keep certain Personal Data to comply with legal obligations to which we are subject.
2.2. Browsing information
When you browse our Site and/or use our services available through it/contained therein, our servers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, and use of the services. The recording of data for the provision of the website and the processing of data in log files is an absolute necessity for the operation of the website. Additionally, the so-called cookies are stored in the internet browser of the device you use to access the website. These are small text files with a sequence of numbers that are stored locally in the cache of the browser used. They serve to make our website user-friendly. The use of cookies may be technically necessary or may occur for other purposes (e.g. analysis/evaluation of website use). We may combine this “activity information” with other personal data we collect about you.
Generally, we use this activity information to understand how our services are used, track bugs and errors, improve our services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our services, as well as for targeted marketing and advertising, to personalise content and for analytics purposes. For more detailed information about these mechanisms and how we collect activity information, see our Cookie Policy.
2.3. Aggregated Personal Data
In an ongoing effort to better understand and serve the users of our Services, we often conduct research on our customer demographics, interests and behaviour based on the Personal Data and other information provided to us. This research may be compiled and analysed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
3. OUR USE OF YOUR PERSONAL DATA
3.1. We only use your Personal Data for the purposes described in this Privacy Policy. For any other purposes that are not described in this Privacy Policy, we will use your Personal Data only in case we have obtained an additional prior consent from you or in case we are otherwise authorised or required by law to use your Personal Data for that other purposes; in regard to the latter case, we will inform you about such a scenario.
3.2. We collect and use your Personal Data for the purposes set out below:
- a) For the performance of our agreement with you:
- Provision of the Services you requested and delivery of the Products purchased;
- Provision, billing and performance of our Site and our services contained therein/available through it;
- Provide you with an account;
- Provide customer support; and
- Ensuring the technical functioning of our Site, our services contained therein/available through it and our network responsible for allowing us to provide our services to you.
- b) To comply with a legal obligation to which we are subject:
- Any information referred to above in section 2 may be used to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.
- c) For our legitimate commercial interests:
- Developing new Services, such based on your use of our Services;
- Auditing, research and (statistical) analysis in order to maintain, protect and improve our Site and our Services contained therein/available through it;
- Advertising and marketing of our Services;
- We will use your Personal Data for direct marketing purposes. In this context, from time to time, we will send you an email in which we will inform you about our Service. At any time and in accordance with your rights described in this Policy, you will find instructions permitting you to “opt-out” of receiving future communications to stop any further direct marketing messages;
- If you subscribe to our newsletter, we will send it to you via email, in order to inform you regularly about our offers, events, articles etc.
- Protecting our (intellectual) property rights (including content that has been licensed to us) or other property of our users (e.g. your Personal Data);
- In order to be able to create and update a personal profile of you, we may combine all your Personal Data we have collected from you; and
- The Personal Data referred to above in section 2 may also be used by us:
- to generate aggregated statistics about the users of our Products and Services;
- to assist in security and fraud prevention;
- for system integrity purposes (preventing hacking, cheats, spamming, etc.);
- to facilitate our business operations, to operate company policies and procedures;
- to enable us to merge, sell, acquire, or transfer assets; and
- for other legitimate business purposes permitted by applicable law.
4. DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION
We do not sell or otherwise transfer your Personal Data to third parties except in cases as described in this Privacy Policy. We will share your Personal Data in the following circumstances:
- Corporate Transaction
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, re-organisation, dissolution, bankruptcy or similar event, Personal Data may be part of the transferred assets.
- Service Providers
We may engage third party vendors, suppliers, agents, service providers, and affiliated entities to provide services to us, such as shipping, fulfilment or billing services and support. In providing their services, they may access, receive, maintain or otherwise process personal data on our behalf. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal data and only process it in accordance with our instructions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
- Third parties in case of legal requirement
We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or our property, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
5. EXCLUSION
This Privacy Policy does not apply to any Personal Data collected by us, other than Personal Data collected through the Site. This Privacy Policy shall not apply to any unsolicited information you provide to us through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as comments related to the Products (collectively, “Public Areas“), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
6. CHILDREN
We do not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children never to provide Personal Data on the Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Site, please contact us, and we will endeavour to delete that information from our databases or to promptly stop our usage of such data.
7. INTEGRATION OF THIRD-PARTY CONTENT
7.1. Third Party Sites
This Privacy Policy applies only to the Site. The Site may contain links to other web sites not operated or controlled by us (the “Third Party Sites“). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Site do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies. For instance, we use third party payment processors to accept and process credit and debit card payments when you purchase our Products and Services. The information provided to the relevant payment processor is governed by the payment processor’s privacy policy. Your data will be passed on to the relevant third party payment processor and they may perform identity and credit checks on the basis of the data provided by you (name, address, account number, bank sort code, credit card number, invoice amount, currency and transaction number). The legal basis for the processing for payment processing is Art. 6(1) Sentence 1(b) GDPR. The data processing is necessary in particular to conclude the contract. If you do not provide your data, it may not be possible to conclude or execute a contract. You should check the terms of use and the privacy policy of those third-party payment processors for any further information. When you are purchasing a Product, you can always see which third-party payment processors we are offering.
7.2. Social Media Services
Through the Site, you can choose to access certain social media websites and services that are owned and/or controlled by third parties (including, without limitation, Facebook and Twitter) (such websites and services, collectively, the “Social Media Services“). When you choose to access and use the Social Media Services, you will be sharing your information (which will include personal information if you elect to share such information) with those Social Media Services. As with other Third Party Sites, the information that you share with the Social Media Services will be governed by the privacy policies and terms of service of the providers of such Social Media Services and not by the policies and procedures we describe here. You may also be able to modify your privacy settings with these Social Media Services to, for example, control what information the Social Media Services disclose to other entities, including us. When you log into the Site using your Social Media Services account, we will collect relevant information necessary to enable the Site to access that Social Media Service, however you will provide your login information, like your password, directly to such Social Media Service (and not to us). As part of such integration, the Social Media Service will provide us with access to certain information that you have provided to such Social Media Service, and we will use, store and disclose such information in accordance with this Privacy Policy and, if and to the extent applicable, the policies of such Social Media Services. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed by the policies of the applicable Social Media Services provider, and, as a result, we shall not have any liability or responsibility for the privacy practices or other actions of Social Media Services that may be enabled within and/or otherwise accessible through the Site.
8. SECURITY
Protecting your Personal Data is important to us. We use industry standard technology to protect your Personal Data. We will take reasonable steps to ensure that your personal data are properly secured using appropriate technical, physical, and organisational measures, so that they are protected against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or wrongful destruction, and loss. Unfortunately, no data transmission over the Internet and via mobile communications networks can be guaranteed to be 100% secure. As a result thereof, while we are committed to protecting your Personal Data, we cannot ensure or warrant the security of any information you transmit to or through us.
9. DATA TRANSFER
Your Personal Data may be transferred to -and maintained on- computers located outside of your state, province, country or governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Where we are legally required to do so, we have legally acceptable mechanisms in place that ensure an adequate level of protection for the transfers of Personal Data to parties outside your jurisdiction. For example, for data transfers from EU/EEA to countries outside this region, we have European Commission-approved Standard Contractual Clauses or similar safeguards in place, allowing such data transfers.
10. YOUR RIGHTS IN REGARD TO YOUR PERSONAL DATA
10.1. In the following you will find a list with all individual rights you have in regard to the Personal Data we hold about you:
- Your right of access
If you ask us, we’ll confirm whether we’re processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). Please note that you might need to send us a copy of your passport ID or any other legal document that may verify your identity, too; this verification procedure is necessary in order to protect your Personal Data from unauthorised access through any other person. - Your right to rectification
You are entitled to request to have it rectified, if the personal information we hold about you is inaccurate or incomplete, by sending us an email in the contact details at section 11. If you are entitled to rectification and if we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly. - Your right to erasure
In certain circumstances you can ask us to delete or remove your personal information such as where we no longer need it or if you withdraw your consent (where applicable), provided there is no overriding legitimate interest for continuing the processing. If you are entitled to erasure and if we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly. - Your right to restrict processing
In certain circumstances you can ask us to ‘block’ or suppress the processing of your personal information, such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly. - Your right to data portability
In certain circumstances you have the right, to obtain personal information you’ve provided us with (in a structured, commonly used and machine-readable format such as Microsoft Excel) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice. - Your right to object
You can ask us to stop processing your personal information, and we will do so, if we are: - relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
- processing your personal information for direct marketing purposes.
- Your right to withdraw consent
If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
10.2. Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process.
10.3. Please note that we might not be able to provide you with our Services anymore in case you have exercised any of your rights described above. However, any time you reuse our service after exercising any of the aforesaid rights, your then provided Personal Data may be processed, without regard to your previously exercised right(s), in accordance with the provisions of this Privacy Policy.
10.4. Erasing your Personal Data will delete the data only in our database. These deletions will not delete Personal Data that may have already been shared with or collected by third parties, all as provided above in this Privacy Policy. Unless it is impossible or involves disproportionate effort, we will take reasonable steps to contact any other recipient of your Personal Data and request the deletion of your Personal Data.
10.5. You have, at any time moving forward and in any case, the right to lodge a complaint with your
respective applicable (local and/or national) data protection authority if you think that we have violated your rights and/or are not in compliance with any applicable Personal Data protection regulation.
10.6. In regard to any respective request as described above that you may place, we have one month from the date of your request to fulfil said request.
11. CHANGES TO OUR PRIVACY POLICY
We reserve the right, at our sole discretion, to change or modify portions of this Privacy Policy at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Privacy Policy was last revised. You may read a current, effective copy of this Privacy Policy at any time by selecting the “Privacy Policy” link on the Site. We will also notify you of any material changes either through a pop-up notice, e- mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Privacy Policy. You should periodically visit this page to review the current Privacy Policy so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Privacy Policy, do not use or access (or continue to use or access), browse or use the Site.
12. OUR CONTACT INFORMATION
We welcome your comments regarding this Privacy Policy.
For questions regarding your privacy please send an e-mail to: privacy[at]crowdmedia.com.
For general inquiries or complaints please contact us at team@thelondonlabs.com.