TABLE OF CONTENTS
Avon Cosmetics Limited (“Avon,” “us" or "we") is concerned about privacy issues and wants you to be familiar with how we collect, store, use and disclose information.
This Statement describes our practices in connection with information that we collect from you via www.avon.co.nz all other websites that post this Statement and on any mobile sites, applications, widgets, and other interactive features that link to this Statement (each a "Site"). Except as specifically provided below, this Statement does not apply to information collected by Avon by or through any other means, such as information collected offline. By using a Site or submitting information via a Site, you agree to be bound by the terms and conditions of this Statement.
Avon grants independent contractors selling rights to its products (hereinafter referred to as Independent Sales Representatives or Avon Representatives). Independent Sales Representatives are not employed by Avon. Therefore, Avon does not control, and is not responsible or liable for the collection, storage, use or disclosure of Personal Information by Independent Sales Representatives, including for their marketing purposes. If you provide information to an Independent Sales Representative through the Site, Avon will have access to it and shall treat it in accordance with this Privacy Statement. Independent Sales Representatives may provide Avon with information regarding their Customers, in which case Avon will treat such information, once in its possession, in accordance with this Statement.
If you are the Customer of an Independent Sales Representative, you should check with your Independent Sales Representative directly to learn about her data privacy practices.
If you apply to become or are an Independent Sales Representative, in addition to the generally applicable provisions of this Privacy Statement, please review the Independent Sales Representative section at the bottom of this Privacy Statement to see important information about additional privacy practices that apply to you.
Personal Information We Collect and How We Collect Personal Information
"Personal Information" means information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained from, that information or opinion, such as:
- Postal address (including billing and shipping addresses)
- Telephone number
- Email address
- Credit and debit card number
- User name
- Photo of yourself
We collect Personal Information (such as those specified above) from you when you choose to participate in our offers and programs or otherwise provide information directly to us, including when you register with us, purchase products, participate in our interactive features or otherwise interact with us on the Site. We may also collect your Personal Information from Independent Sales Representative.
You do not have to provide us with the Personal Information we request but, if you do not, we may not be able to assist you or provide you with our products or services.
How We Use Personal Information
We may use Personal Information that is provided to us for the following purposes:
- for the purposes for which you specifically provided it including, without limitation, to enable us to respond to your inquiries and fulfill your requests;
- to tell you about products, services, programs, and offers that we believe may be of interest to you via email, SMS, telephone or postal mail (if you have consented to receiving such);
- to allow you to use, communicate and interact with others on our Site;
- to personalise your experience on the Site including by presenting products and offers tailored to you;
- to send you information about your relationship or transactions with us;
- to allow you to send emails to other people through our "send to a friend" type functionality. (By electing to use this functionality, you are telling us that you confirm on behalf of your friend that they agree to provide us with their name and email address for that purpose. Your friend's information will only be used to send the forwarding email and is not saved in our databases.);
- to help you find an Independent Sales Representative including suggesting a new Independent Sales Representative if an Independent Sales Representative has discontinued selling Avon products; and to facilitate the business activities of an Independent Sales Representative;
- for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends, determining the effectiveness of our promotional campaigns;
- to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities (Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully); and
- to complete and fulfill your order, or otherwise provide you with products or services, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
When you opt-in to join our email and other distribution lists or if we are otherwise permitted under applicable law, we will use your Personal Information to tell you about products, services, programs, and offers that we believe may be of interest to you via email, SMS, telephone or postal mail (Promotional Communication). If you prefer not to receive such Promotional Communication, please do not opt-in to receive these emails. If you have previously opted-in to receiving Promotional Communications but no longer wish to receive such, you can opt-out by using the unsubscribe facility in the Promotional Communications.
How We Disclose Personal Information
We will share your Personal Information with third parties in the ways that are described in this Statement. We may disclose your Personal Information:
- to companies that are affiliated with us, that is, are part of the Avon Products, Inc. family of companies to enable normal business functions (click http://www.youravon.com/REPSuite/SEC_entity.page to see a list of such companies from Avon Products, Inc.'s Form 10K filed with the US Securities & Exchange Commission). We will not share your Personal Information with our affiliates for their marketing purposes.
- to our local and offshore third party service providers who provide services on our behalf, such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing, list management services, training, and other similar services. (These third parties will be supplied with or have access to your Personal Information for the purpose of providing these services to us or on our behalf);
- to third party sponsors of sweepstakes, contests and similar promotions, if you opt-in to participate;
- to Independent Sales Representatives, to the extent necessary for them to contact you to provide a service and/or fulfill your orders;
- to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings); and
- as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
“Non-Personal Information” means any information which does not identify a specific individual, such as:
- Browser information
- Information collected through cookies, pixel tags and other technologies
- Demographic information and other information provided by you or our Independent Sales Representatives
- Aggregated information
Non-Personal Information We Collect
We and our third party service providers may collect Non-Personal Information, including:
- Certain information that is collected by most browsers, such as your computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version.
- Demographic information, such as your location, education, profession, age, gender, as well as other information, such as your hobbies and special interests when you voluntarily provide this information to us. Unless combined with Personal Information, this information does not personally identify you or anyone else.
Aggregating information: We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our Customers who live in a particular area. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
Use and Sharing of Non-Personal Information: Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose.
COOKIES AND OTHER TECHNOLOGIES
Local Storage Objects: We and our third-party service providers may use Flash Local Storage Objects (“Flash LSOs”) in certain situations including to recognise you and remember what is in your shopping cart. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you generally cannot control, delete or disable the acceptance of Flash LSOs from your browser. For more information on Flash LSOs, and to learn how to control them, click on the support Page for the Flash Player and choose Global Storage Settings Panel and follow the instructions. To see the Flash LSOs on your computer now, go to the Website Storage Settings Panel and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Using pixel tags and other technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. However, in contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on website pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with the Site to, among other things, track the activities of our Site visitors and compile statistics about Site usage and response rates. We and our third-party service providers also may use clear GIFs in HTML-formatted email messages to help us track email response rates, measure the success of our marketing campaigns and identify when our emails are viewed or forwarded.
Site Analytics: Avon may work with third party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use this web site.
Widgets, Applications and similar technologies: If you choose to utilise technology provided by us (such as a widget), any Personal Information or other information you make available through such technology may become available publicly, for example, through social media and other websites and platforms on which you may make the applicable technology available. In addition, some technology may have the capability to be distributed "virally" in other locations (for example, a friend or a customer of yours may post the widget that contains your information to his or her blog). Avon is not responsible or liable for the collection, use or disclosure of Personal Information and/or other information that is made publicly available.
Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).
How We Collect IP Addresses
An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.
How We Use and Disclose IP Addresses
We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, detecting fraud, and administering the Site. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.
SOCIAL NETWORK AND INTERACTIVE TOOLS
Certain features on our Site give you an opportunity to interact with us and others. These may include blogs, message boards, messaging functionality, chat functionality, and creating community profiles. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health information) or your credit card information through these features. If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.
THIRD PARTY WEBSITES
Our Site may link to websites operated by other third parties. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Site or for the privacy practices of third party Internet advertising companies. The inclusion of a link on the Site does not imply or suggest that we endorse the linked site.
In addition, Independent Sales Representatives are solely responsible for their own web sites and for any information collected on those web sites. If any Independent Sales Representative uses an Avon Site to collect information from you, Avon may have access to that information and shall treat it in accordance with this Privacy Statement.
THIRD PARTY ADVERTISERS
We may use third-party advertising companies to serve ads when you visit our Site. These companies may use information about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you on our Site. In the course of serving advertisements to this Site, these companies may place or recognise a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp.
We use reasonable organisational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contacting Us section below.
If you no longer wish to receive marketing and/or promotional offers from Avon, you may opt-out of receiving such marketing by contacting us with your request at address in the Contacting Us section below or by using the unsubscribe facility in the Promotional Communications.
We will endeavour to comply with all requests as soon as reasonably practicable.
How you can access your Personal Information
If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us as set out in the Contacting Us section below.
In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. To the extent permitted by law, we will endeavour to comply with all requests as soon as reasonably practicable.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Statement unless a longer retention period is required or allowed by law.
USE OF SITE BY CHILDREN
The Site is not directed to children under the age of fourteen (14), and we request that these individuals not provide Personal Information through the Site.
Your Personal Information may be stored and processed in countries outside of New Zealand, including the United States and in any country where we have operations or where service providers are located, and which can change from time to time. However, you acknowledge that, by agreeing to the disclosure of your Personal Information to these entities outside of New Zealand, we will no longer be required to take reasonable steps to ensure the overseas recipient's compliance with the New Zealand privacy law and will not be liable to you for any breach of the New Zealand privacy law by these overseas recipients. On this basis, by interacting with us and providing us with any Personal Information, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may provide for different data protection rules than in your country.
UPDATES TO THIS PRIVACY STATEMENT
We may change this Statement from time to time at our sole discretion. Please take a look at the "LAST UPDATED" legend at the top of this page to see when this Statement was last revised. Any changes to this Statement will become effective when we post the revised Statement on the Site. Your continued interaction with us following these changes means that you accept and affirm the revised Statement.
HOW TO MAKE A PRIVACY COMPLAINT
If you wish to make a complaint about a breach of this Policy or the privacy principles of the Privacy Act, you can contact us using the contact details below. You will need to provide us with sufficient details regarding your complaint as well as any supporting evidence and/or information.
We will investigate the issue and determine the steps (if any) that we will undertake to resolve your complaint. We will contact you if we require any additional information from you and will notify you in writing of our determination once made. If you are not satisfied with our determination, you can contact us to discuss your concerns or complain to the New Zealand Privacy Commissioner via www.privacy.org.nz
If you have any questions about this Statement, please contact us by email at email@example.com or by phoning Customer Service Hotline at 0508 777 007. Since email communications are not always secure, please do not include credit card information or sensitive information in your emails to us.
INDEPENDENT SALES REPRESENTATIVES
The following provisions are applicable only to Avon’s Independent Sales Representatives:
This Privacy Statement applies to the Personal Information of Independent Sales Representatives collected by Avon, whether collected online or offline. This information would be collected in addition to any Personal Information we may collect from you as an Avon Customer, as described above.
If you seek to become an Independent Sales Representative we may use your Personal Information, including credit-related information to determine your Eligibility.
In order to be appointed an Independent Sales Representative, you must enter into a separate agreement with Avon ("Avon Representative Agreement"). If you have entered into an Avon Representative Agreement, we may collect, use and disclose your Personal Information in accordance with this Statement, and the terms of your "Avon Representative Agreement," and as necessary to fulfill our obligations under the Avon Representative Agreement. In the event of a conflict between this Statement and the Avon Representative Agreement, the terms of the Avon Representative Agreement shall apply.
Once you are an Independent Sale Representative (including a sales leader), we may disclose your Personal Information:
- to district managers and area sales managers, who may be independent contractors to Avon;
- as part of our sales leadership program, to Independent Sales Representatives who are sales leaders;
- to current and potential Customers who are seeking the assistance of an Independent Sales Representative; and
- as necessary to comply with legal requirements such as tax and record keeping obligations.
We may also combine the Non-Personal Information that we and our third party service providers collect about your use of our Site (as described above) with your unique Representative Account Number. We use the combined information for purposes such as to analyse Representatives' Site use, in order to evaluate and make improvements to our business model, and for other internal analytics purposes.