LAST UPDATED – 3 November, 2022
We are pleased that you have visited our online shop and are interested in our products. We would like to inform you about the personal data we collect, for which purposes we process your personal data and your choices.
Please note that our Website is intended for use by adults. If you are under the age of 18, please seek the prior consent from a person with parental responsibility for you for your use of our Website. No one under the age of 18 should provide us any personal data, and we confirm that we do not intend to collect any personal data from those under the age of 18.
The following Esprit companies are responsible for your personal data, the purposes described in this statement and for the compliance with data protection laws: -
· Esprit Retail (Hong Kong) Limited of 27/F, China United Centre, No. 28 Marble Road, North Point, Hong Kong
· Esprit Retail B.V. & Co. KG of Esprit Allee 1, 40882 Ratingen, Germany
Our Data Protection Officer can be contacted at email@example.com.
1. PERSONAL INFORMATION WE COLLECT
Personal data we may collect includes your name, email and physical address, IP address, telephone number, activity and performance information, unique identifiers and hardware information, browser type and language, cookie information, information about your purchases and returns and other information about your interactions or that you provide to us, and when necessary, credit card information, which is collected by our payment processor (collectively, "Personal Data"). Where required, we obtain your consent and/or allow you to opt-in or opt-out of the processing of your Personal Data as described below.
We may automatically collect certain information, including Personal Data, when you access or use the Website, including but not limited to:
· Log and Usage Information: We collect information about your use of the Website, such as the type of browser you use, IP address, access times, pages viewed, items placed in your cart, links clicked, browser type and information, operating system, and the referring URL (the webpage you visited before navigating to the Website). We also collect information regarding user traffic patterns and site usage. This information is used to analyze, administer and improve our Website and services, to provide our customers with a fulfilling shopping experience, to analyze trends, to gather demographic information about our user base as a whole, to personalize the Website and services, our communications with you, and your shopping experience and as more fully described in Section 2 headed “HOW WE COLLECT PERSONAL DATA FROM USERS.”
· Transaction Information: When you purchase or return a product, we collect information about you, your account, and the transaction, such as product details and the date and location of the purchase or return.
If you participate in a contest or other program that we offer, we may, in addition to the above, collect the information to administer such events, or as otherwise disclosed at the time of collection, such as contact information, preferences, addresses, and other information you provide to us.
2. HOW WE COLLECT PERSONAL DATA FROM USERS
We collect Personal Data that you disclose to us when you use the Website or our services through the Website. We collect personal data you give us or permit us to access. We may also collect personal data regarding your interaction with us and use of our products. For example, you may provide personal data for processing your order when you make purchases with us; and when you request information; when you register or sign up for our events or newsletter, when you create and/or log in your online account (if applicable). We may use the Personal Data you provide to us to create a user profile. In this context, we may combine the Personal Data you give us online with other information we hold or obtain from other entities, including regarding transactions and communications collected or processed by any member of the Esprit Group and authorized service provider or subcontractors.
3. PURPOSE OF PROCESSING PERSONAL DATA
We may use Personal Data from you for the following purposes:
· If our Website has a user registration function and you decide to become a registered user of our Website, we need to process your personal data to identify you as a user of the Website and grant you access to its various functionalities, and the products and services available to you as a registered user. You may cancel your registered user account by contacting us through Customer Service on our Website. The data we gather regarding your activity, which have been collected through the different channels of the Website and which include your purchases, shall remain linked to your account so that all the information can be accessed together.
· When you place an order via our Website, your Personal Data will be collected, processed and used to fulfill your order through us, for the performance and execution of the purchase contract that you entered into with us or authorized third party fulfilment service providers on the Website.
· To contact you for updates or informative notices related to functionalities, products or services, including offering you surveys and to be able to establish the degree of customer satisfaction with the provided service.
· To manage payment of the products that you purchase, regardless of the payment procedure used. For example: If you purchase any of our products through the Website, and you opt to activate the functionality of saving your payment data and your shipment address for future purchases, where this functionality is available, we and/or our third-party payment processors need to process the Personal Data and other indicated data for activation and development of that functionality. Consent to the activation of this functionality enables your autocompleted payment data to appear in subsequent purchases so that you do not need to introduce them in each new process, and this personal data will be deemed valid and effective for subsequent purchases. You may change or cancel your payment data at any time before your checkout for your purchase or through the section on payment information of your Website registered user account (if applicable).
· To activate the mechanisms necessary to prevent and detect unauthorised uses of the Website (for example, during the purchase and returns process) as well as potential security issues or fraud being committed against you, another person and/or against us. If we consider that the transaction may be fraudulent or detect abnormal behaviour which indicates attempted fraudulent use of our features, Website, products or services, this processing may result in consequences such as the blocking of the transaction or the deletion of your user account (if applicable).
· To manage exchanges or returns and to manage look up features for particular articles and reservations of products through the Website, depending on the availability of such options from time to time.
· For invoicing purposes and to make available to you the receipt and invoices of the purchases you have made.
· To ensure that you can use other available functionalities or services, such as the purchase, receipt, management and use of the gift card or the gift voucher.
· To process your personal data to meet requests or applications that you make through the Customer Service channels. If you contact us via telephone, the call may be recorded for quality purposes, fraud prevention, training and so that we can respond to your request. If it is available and you choose to communicate with our Customer Service through the chat service of a social network or another collaborator, some of your Personal Data such as your name or username, will be imported from your social network or collaborator account. Also, bear in mind that the Personal Data you submit on such services will be available to your social network or collaborator and subject to their privacy policies, therefore we recommend that you review your privacy settings and to read the social network or collaborator privacy policies to obtain more detailed information about their use of your Personal Data when using their services.
· If you have elected to or in some jurisdictions, opted-in to receive direct marketing communications from us, your Personal Data may be used by us to send you information about us and/or to receive the latest news on Esprit branded promotions and products. We may send you such information by means of e-newsletters, e-mails and postal mail based on your jurisdiction and/or your preferences. If you decide not to receive such communications or updates from us, you can contact us at any time or by using the unsubscribe option included in each email.
Your Personal Data may also be used for the following purposes:
· Providing you with customer service and related service in the course of our business, including but not limited to services relating to your order, delivery, payment, product exchange or return and product preference;
· Providing you with the technical and functional management of the Website;
· Providing you with our marketing materials and information related to products, offers, sales, promotion, newsletters and upcoming events;
· Conducting research, surveys, audits, reviews and analyses of your experience with our services and products;
· Gathering users’ statistics for the purpose of future marketing and promotion and future development of our services and Website;
· Meeting disclosure obligations and other requirements imposed by or for the purposes of any laws, regulations, rules, regulations, codes of practice or guidelines binding on us (whether applicable in or outside Hong Kong) including making disclosures to any legal, regulatory, governmental, tax, law enforcement or other authorities;
· Investigating, preventing or stopping fraud, security incidents and abuse;
· Other purposes for which we notify you or for which you provide your consent; and
· Book keeping and other operational purposes.
4. HOW ARE WE LEGALLY PERMITTED TO PROCESS YOUR DATA
· We process your Personal Data because this is necessary on the terms regulating the use of the Website. We consider we have a legitimate interest to link to your account your purchases and the data collected through different channels of the Website about your activity.
· We process your Personal Data because their processing is necessary for us to make the purchase or services contract with you. Certain processing of data related to the purchase process is activated only because you request or authorise it, as is the case of the storage of payment data for future purchases, where these features are available. In these cases, our processing of your data is supported by your own consent. In addition to this, we process your location data when you provide us your consent in order to offer you specific services through the Website. We consider that we have a legitimate interest to carry out the necessary verifications to detect and prevent potential fraud or fraudulent uses of the Website, for example when you make a purchase or return. We understand that the processing of these data is positive for all the parties involved: for you, as it allows us to put in place measures to protect you against attempted fraud perpetrated by third parties; for us, as it allows us to avoid unauthorised uses of the Website; for all our customers and society, as it also protects their interest by ensuring that fraudulent activities are prohibited and detected when they do occur.
· We consider that we have legitimate interest in answering the requests or queries raised by you through the existing different contact channels. We understand that the processing of these data is also beneficial to you to the extent that it enables us to assist you adequately and answer to the queries you raised. When you get in touch with us, in particular, for the management of incidents related to your order or the product or service acquired through the Website, the processing of your data is necessary to perform the purchase contract. When your request is related to the exercise of your rights on which we inform you below, or to claims on our products or services, we are legally permitted to process your data for compliance with our legal obligations.
· We are legally permitted to process your data for marketing purposes due to the consent that you give us, for example when you accept receiving customized information through multiple channels, when you participate in our customer survey, or when you accept the legal terms and conditions to participate in a promotional action. To offer you personalised services or to show you customised information, whether on our Website or those of third parties, as well as to engage in data enrichment, we consider that we have a legitimate interest to conduct a profiling with the information that we have about you (such as your browsing, preferences or purchase history) and the Personal Data that you have provided us, such as the age range or language, since we understand that the data processing of these data is also beneficial to you because it allows you to improve your user experience and access the information in accordance with your preferences.
· We consider that we have a legitimate interest in analysing the Website usability and the user's satisfaction degree, since we understand that the processing of these data is also beneficial for you because the purpose is to improve the user experience and provide a higher quality service.
5. WHO HAS ACCESS TO YOUR PERSONAL DATA
· We use unrelated or third-party service providers for certain processing activities on our behalf to operate the Website and provide services, such as Website hosting, order and return processing, payment processing, fulfilment of products or services, delivering content and management of the Website. The handling of your Personal Data by such parties, their affiliates and/or their agents (if necessary) will be governed by our agreements with them.
· We may engage third-party payment processors for the purpose of processing your payments made via the Website from time to time. The Personal Data, which contains your payment information including but not limited to your credit/debit card number, holder's name and CCV, will be passed directly to such payment processors, their affiliates and/or their agents (if necessary) solely to complete the transaction and related activities.
· We may share your Personal Data with entities that belong to the Esprit Group, which may reside outside your jurisdiction of residence.
· To facilitate the purposes set out in this Section, we may transfer, disclose, grant access to or share your Personal Data with the third parties set out in this Section and you acknowledge that those parties may be based outside Hong Kong and your home country (including in the United States and within the European Union). Such transfers may make that information subject to disclosure laws in those jurisdictions. You may contact our Data Protection Officer (whose contact information is provided above) to ask questions about the collection, use, disclosure or storage of personal data by us or our foreign service providers.
· Where your Personal Data is transferred pursuant to this Section, we take steps to ensure that the third-party recipient residing outside of Hong Kong or your home country use and process your Personal Data with a standard of protection at least equivalent to the Personal Data (Privacy) Ordinance (Cap 486, Laws of Hong Kong) and, as required, the laws of the jurisdiction where you reside.
6. LOG FILES
As with most online websites, we automatically gather non-personally identifiable information and store it in log files through the Website. This information includes IP address (as appropriate, in an anonymous, shortened form), date and time of the request, time zone difference to Greenwich Mean Time (GMT), content of the request (actual page), access status/HTTP status code, data volumes transmitted, website from which the request emanates, browser type or app used, operating system and its interface, language and version of the browser software. We use this information, which does not identify users, to analyse trends, to administer the Website and to gather demographic information about our user base. We do not link this automatically collected information to personally identifiable information.
7. SOCIAL MEDIA WEBSITES, PLATFORMS OR CHANNELS
8. PRODUCT REVIEW AND CUSTOMER SATISFACTION SURVEYS
Your opinion is important to us, whether it is about your satisfaction with your shopping experience with us, our products and services overall, or your views and impressions around the fashion world. Therefore, from time to time, we provide customer surveys via our Website where you can express your opinion on various topics. Insofar as this is necessary within the framework of the customer survey or you wish us to do so, we will collect your name, surname, telephone number and e-mail address. If you wish, we will use this data so that we can subsequently contact you personally. We also collect personal data about end device, operating system and browser you used in order to understand how high the participation rates of the different end devices are and to be able to further optimize our surveys for the respective end devices and browser types. We also collect data on how you interact with our surveys (i.e., how long you stay on individual question pages and on which survey page you answer). We use or share the collected data in deidentified and/or aggregated forms, which is not considered personal data.
9. COOKIES AND DATA TRACKING TECHNOLOGIES
· Generally, transient cookies – including “session cookies” – are automatically deleted when you close your internet browser, or when a session has expired. These cookies store a so-called session ID, with which various enquiries of your internet browser can be allocated to the joint session. In this way, your computer can be recognised again if you return to our Website. The session cookies are usually deleted when you log out or close the internet browser. The following data is stored and transmitted via session cookies: such as: log-in information; language settings; visitor ID; and time stamp with the start and end of the current session.
· You can set your browser so that it does not accept cookies or to notify you when you are sent a cookie so that you can decide whether to accept it. However, please note that in the case of the non-acceptance of cookies, the functionality of our Website may be restricted.
· We use the Facebook tag by Meta Platforms, Inc. on our Website. Firstly, this tag is for the purpose of conversion tracking, which allows us to understand how our marketing activities work, which serves the purpose of presenting you product information that is even more relevant in future using the social media network Facebook. We also use the “Custom Audiences” remarketing function of the Facebook Tag on our Website. This remarketing function serves the purpose of targeting visitors to the Website with interest-based advertising on the social media network Facebook. This tag creates a direct connection to the Facebook server when the website is visited. This tells the Facebook server which of our pages you have visited. Facebook allocates this information to your personal Facebook user account, if you have one. When you visit the social media network Facebook, you will subsequently be shown personalised, interest-based Facebook ads.
· In order to collect statistical data about the use of our Website, and to optimise our advertising so that it is tailored to your interests and with special offers for you, we use technology from IPG Mediabrands and Light Reaction. Light Reaction is part of the Xaxis programmatic media group; Xaxis is a company operating globally as part of the GroupM media investment group; GroupM is part of the WPP plc. group. IPG Mediabrands is part of Interpublic Group.
· We use advertising services belonging to the social media network Pinterest, which is operated by Pinterest Europe Ltd.. In doing so, we book advertisements via what are called pins within Pinterest. If you arrive at one of our advertisements via one of the pins that we have booked, this information will be processed by Pinterest and transferred to us as statistics (conversion). This enables us to obtain a rough idea of how many users have clicked on our pins. However, we do not receive any information that could personally identify the user.
· We use the online advertising program “Google Adwords” and conversion tracking. Google conversion tracking is an analysis service developed by Google. When you click on an ad shown by Google, a conversion tracking cookie is saved on your computer. These cookies have limited validity periods, do not contain personal information and cannot be used to identify you. If you visit certain pages on our Website and the cookie has not yet expired, Google and we can see that you have clicked on the ad and were redirected to this page. Each Google AdWords client receives a different cookie. It is thus ensured that no cookies can be tracked via the websites of AdWords clients.
10. HOW WE PROTECT YOUR PERSONAL INFORMATION
We treat the security of your Personal Data seriously. We utilize appropriate administrative, technical and physical safeguards and security measures to protect the Personal Data you provide on this Website. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
11. TIME FOR WHICH THE PERSONAL DATA ARE KEPT
We will keep your personal data as long as necessary to fulfil the purposes described herein, unless a longer or shorter retention period is permitted by law, is necessary in the course of legal proceedings or is otherwise needed for a particular purpose under applicable law.
12. WHEN YOU PROVIDE US WITH DATA OF THIRD PARTIES OR VICE VERSA
14. CONTACT – RIGHT TO ACCESS, CORRECT AND REMOVE PERSONAL DATA
· If you have any questions or comments on how we process your Personal Data, or you wish not to be contacted by us for direct marketing purposes anymore, please contact us at the email below. Also, upon your request to access to your personal data that we hold, we will provide you with a summary of any personally identifiable information collected and retained by us regarding you. You may modify, correct, or update your Personal Data or request to have your Personal Data removed from our database.
· At your request, we will remove your Personal Data to the extent that they are no longer necessary for the purpose for which we need to keep processing them, or when we are no longer legally permitted to process them.
· We will only send copies of Personal Data to the email address on file for the visitor’s name associated with it and if we consider this necessary to be able to identify you, we may request you to provide a copy of a document evidencing your identity.
· Our contact details are:
Attn: Data Protection Officer
· Where the processing of your data is based on our legitimate interest, you will also have the right to object to the processing of your data.
· You have the right to lodge a complaint with any competent data protection regulatory authority. However, we recommend that a complaint is always lodged first with our Data Protection Officer (using the contact details above), so that we can address your concerns as quickly and in the most customer-focused manner possible.