Privacy Policy
Last Revised and Effective Date: January 1, 2023
Kendo Holdings, Inc. and our subsidiaries and affiliates (collectively, “Kendo”, “we”, “us” or “our”) care about the processing, confidentiality, and safety of your personal data.
The aim of this Privacy Policy is to provide you with information about how we collect, use, share, and safeguard your personal data. This Privacy Policy also tells you about your rights and choices with respect to your personal data, and how you can reach us to get answers to your questions. You can jump to particular topics by going to the headings below:
- What is personal data?
- What personal data do we collect and when do we collect it?
- For what purpose is your personal data collected and used?
- Who are the recipients of your personal data?
- International transfers of personal data
- How do we protect your personal data?
- What are your choices and how can you exercise them?
- Cookies and Similar Tracking Technologies
- Contact Details
- Additional Information for California residents
- Miscellaneous
I. What is personal data?
The term “personal data” refers to any information about an identified physical person or a physical person that may be directly or indirectly identified.
II. What personal data do we collect and when do we collect it?
We collect information about you in a variety of ways depending on how you interact with us and our products and services, including through our websites, media channels, online and mobile applications, advertisements, and in selected stores.
- The following provides examples of the type of personal data that we collect from you and how we use that information.
| Context | Information We Collect | Primary Purpose for Collection and Use of Information |
|---|---|---|
| Create a customer account | If you create a customer account on one of our websites, apps, or in one of our stores, we collect your name, email address, and the month and day of your birthday, if you choose to provide it. Within your customer account, you can also store additional information such as mailing address, phone number, and payment methods. We also collect information relating to the actions that you perform while you are logged into your account. | We have a legitimate interest in providing account related functionalities to our customers and managing access to customer accounts. Customer accounts can be used for faster and simpler checkout, to save your personal preferences and order history, and receive updates about your order details. |
| Order goods from our websites | If you place an order on one of our websites, we collect your name, email address, phone number, shipping address, billing address and payment details (payment card number, expiration date, CVV/CVC, etc.). | We use your information to perform our contract with you to process your orders and to provide you with the products or services you have requested. |
| Make purchases in our stores | If you make a purchase in one of our stores, we may collect your name, email address, billing address and payment details (payment card number, expiration date, CVV/CVC, etc.). | We use your information to perform our contract with you to provide you with the products you have requested. |
| Shade finder and other similar online beauty services | You may choose to upload a photo or video (via your webcam). Unless otherwise noted, we only use photographs to identify skin tone and/or make cosmetic recommendations. | We have a legitimate interest in offering beauty related services, such as recommendations to match cosmetic products with skin tone. |
| Sign up for our mailing list | When you sign up for one of our mailing lists, we collect your email address, phone number, or postal address, depending on your selection. | We share information about our products, services, offers, news and events with those individuals that consent to receive such information. We also have a legitimate interest in sharing information about our products or services. |
| Participate in surveys | If you choose to participate in a survey or satisfaction questionnaire, we collect information that you provide through the survey. If the survey is provided by a third-party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. | We have a legitimate interest in understanding your opinions, and collecting information relevant to our organization. |
| Contact us | If you contact us, such as via our website, customer service center, or social network pages, we collect your name, contact information (email and/or phone number) as well as any other information you provide to us in order to reply. | We have a legitimate interest in managing customer relations with respect to any requests for information or complaints that we receive. We also have a legitimate interest in responding to inquiries related to support, employment opportunities, and other requests. |
| Report potential adverse reactions | If you contact us to notify us of an undesirable reaction concerning any of our products, we collect your name, contact information, as well as any other information you provide to us, including specific health data if you choose to provide it. | We have a legitimate interest in receiving, processing, following up, and responding to, your reports as part of our cosmetic vigilance obligations. In some jurisdictions, we are also required by law to record information related to product safety and adverse event reports. We have a legitimate interest in complying with all legal requirements to collect information in the countries in which we operate. |
| Interact with us on social networks | If you interact with us through our official page on social networks, or if you publish content on a social network or participate in online forums, we collect any content that you choose to provide, which may include your social media handle or account profile. | We have a legitimate interest in communicating with you, understanding your opinions, and providing tailored services and products. |
| Take part in an event, sweepstakes, contest, or promotion | If you take part in an event, sweepstakes, contest, or other similar promotion, we collect information about you including your name and contact information. | We have a legitimate interest in operating and managing participation in our events, sweepstakes, contest, and other similar promotions. In some jurisdictions, we are also required by law to collect information about those that enter into our sweepstakes. We have a legitimate interest in complying with all legal requirements to collect information in the countries in which we operate. |
- We also use the following technologies to automatically collect personal data when you browse our websites, use our mobile applications, interact without our content, advertisements, and related features.
| Context | Information We Collect | Primary Purpose for Collection and Use of Information |
|---|---|---|
| Cookies and First Party Tracking | We use cookies and other technologies to understand how people use our websites. For more information about cookies, please see the Cookies and Similar Tracking Technology” section below. | We have a legitimate interest in making our websites operate efficiently. We also have a legitimate interest in serving you targeted advertisements. Where required by law, we will obtain your consent for the deployment of cookies on our websites. |
| Cookies and Third Party Tracking | We may place tracking technology on our website that collects analytics, records how you interact with our website, or allows us to participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can report analytics to us or provide advertising about products and services tailored to your interests. That third party might also collect information over time and across different websites in order to serve advertisements on our website, or on other websites. For more information about cookies, please see the “Cookies and Similar Tracking Technology” section below. | We have a legitimate interest in engaging in behavior-based advertising and capturing website analytics. Where required by law, we will obtain your consent for the deployment of cookies on our websites. |
| Web beacons, clear pixels, or pixel tags | A “web beacon” (also called a pixel tag or a clear GIF) is a small graphic image placed on website pages, e-mails, advertising, and other marketing communications that can be used for such things as recording the pages and advertisements clicked on by users or tracking the performance of e-mail marketing campaigns. This may also include information about your device or browser. | We have a legitimate interest in understanding how you interact with our websites to better improve them, and to understand your preferences and interests in order to select offerings that you might find most useful. We have a legitimate interest in understanding the effectiveness of our features and advertising, as well as interactions with our e-mail and advertising. We also have a legitimate interest in detecting and preventing fraud. |
| Web logs | We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. | We have a legitimate interest in monitoring our networks and the visitors to our websites. Among other things, it helps us understand which of our services is the most popular. |
- In addition to the information that we collect from you directly, we also receive information about you from other sources, including third parties, business partners, and our affiliates under contract, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.
III. For what purpose is your personal data collected and used?
In addition to the purposes and uses described above, we use data in the following ways:
- To identify you when you visit our websites or our stores.
- To streamline the checkout process, to provide products and services, and to process returns.
- To secure online transactions, prevent fraud and payment incidents, and manage debt collection (see our terms and conditions for more details).
- To manage and optimize customer experience by improving our knowledge of our customers.
- To propose appropriate, tailored services, particularly when we enhance our products and services.
- To conduct statistical analyses to develop management, measuring and reporting tools in order to adjust and improve our sales, marketing and product manufacturing.
- To send marketing and promotional materials, including information relating to our products, services, sales, or promotions.
- To manage our relationships as well as for internal administrative purposes.
Although the sections above describe our primary purpose in collecting your personal data, in many situations we have more than one purpose. For example, if you complete an online purchase, we collect your personal data to perform our contract with you, but we also collect your personal data as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, depending on the requirements of applicable privacy laws, our collection and processing of your personal data is based in different contexts upon your consent, our need to perform a contract, our legal or regulator obligations, and/or our legitimate interest in conducting our business.
IV. Who are the recipients of your personal data?
In addition to the specific situations discussed elsewhere in this Privacy Policy, we share personal data in the following situations:
- Affiliates. We may share personal data with our corporate affiliates (e.g., parent company, subsidiaries, and brands) when those entities are processing personal data on our behalf.
- Business Transaction. If another company acquires, or plans to acquire, our company, business, or our assets, we will share personal data with that company, including at the negotiation stage for the purposes of evaluating or completing the transaction. Personal data may also be included as a part of the purchased assets.
- To Provide a Product or Service You Request. We may share your personal data to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
- Other Disclosures with Your Consent. We may ask if you would like us to share your personal data with other third parties who are not described elsewhere in this Privacy Policy.
- Other Disclosures without Your Consent. We may share personal data with third parties in response to subpoenas, warrants, court orders, or other requests from legal or regulatory authorities; in connection with any legal process; or to comply with relevant legal, regulatory or treaty obligations. We may also share your personal data in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
- Public Forums. Some of our websites provide the opportunity to post comments or reviews in a public forum. If you decide to submit information on these pages, that information may be publicly available.
- Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this privacy policy.
- Service Providers. We share your personal data with service providers. Among other things, service providers help us to administer and maintain our websites, send communications, provide technology solutions at counters in our stores, conduct surveys, assist with customer service, provide technical support, process payments, provide ant-fraud services, manage regulatory alerts or notifications, provide marketing solutions, assist in order fulfillment, and organize events.
- Social Media Platforms and Other Third-Party Services. Some of our websites contain certain features such as widgets, buttons, content, or other similar services that are provided by third parties (e.g., YouTube, Facebook, Twitter, Instagram, and/or Pinterest). If you choose to use or interact with these features, certain information may be shared with or collected by those third parties. For more information about what information is shared or collected, and how it is used, see the applicable company’s privacy policy.
V. International transfers of personal data
As a multi-national company, we transmit information between and among our affiliates and may also use service providers that are located outside of your country of residence. As a result, your personal data may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal data using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal data to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States.
All data transfers are subject to appropriate safeguards to ensure compliance with applicable regulations relating to the protection of personal data. For example, all transfers of personal data to our affilia