Privacy Notice
Privacy Notice
Lush Privacy Notice
1. This Privacy Notice
1.1 In this Privacy Notice, “we”, “our”, “us”, “ours” refers to Lush Limited and “you”, “your”, “yours” means you the individual.
1.2 This Privacy Notice explains what personal information we collect about you in
connection with our business including the provision of our Lush Lebanon website and our Android and iOS mobile applications and the products and services we offer, including
through our website, app and any of our stores. It also sets out how and why we use
personal data, who we disclose it to, and how we protect your privacy. It also sets out your rights in relation to your personal information.
1.3 It is important that you read this Privacy Notice together with any other Privacy Notice, Terms and Conditions of Sale, Terms of Use or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.
2. Changes to this Privacy Notice
2.1 This version was last updated on 26 May 2021.
2.2 We reserve the right to change this Privacy Notice from time to time. If we decide to change this Privacy Notice, we will notify you of any significant changes via email, but you’re encouraged to come back and check it whenever you wish.
3. Who is responsible for your personal information?
3.1 We are Fresh Tree SAL/DBA Lush Fresh Handmade Cosmetics (Lebanon), a company registered in Lebanon. For the purposes of applicable data protection laws, we are the “data controller”. “Data controller” is a legal term used to describe the person or entity that controls the way your personal information is processed. If you have a query about the use of your personal information you may contact our Data Privacy Team by using the contact information at the end of this Privacy Notice.
3.2 By providing us with your personal information, you acknowledge the collection and use or otherwise processing (including disclosure) of your personal information in the manner and for the purposes described in this Privacy Notice.
4. Data we collect from you.
4.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
4.2 We limit the amount and type of personal information that we collect to that which is necessary for the purposes for which we are collecting it.
4.3 Although the precise details of the personal information collected will vary according to the specific purpose for which we are collecting the information, we may typically collect the following personal information from or in relation to you:
Identity Data includes first name, last name, title, date of birth, username or similar identifier.
Contact Data includes billing address, delivery address, email address and telephone numbers and Social Media handle.
Medical Data may be gathered in our spas as part of your treatment consent form. This may include information regarding existing health conditions and whether or not you are pregnant.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, survey responses and the content of any messaging you send using the livechat function on the website.
Recruitment Data including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process.
Usage Data includes information about how you use our websites, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and additional communication preferences.
4.4 We also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity, rather it is anonymous. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.
4.5 We do not intentionally collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) through our website or Apps. Nor do we collect any information about criminal convictions and offences.
4.6 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
5. How we collect personal information
5.1 We receive personal information from you through a variety of means and channels, including through our stores, spas, mobile apps, our social media channels or through our direct selling websites. We also receive communications and personal information directly from you through a variety of means and channels, including via post, phone, social media, email and livechat via our websites.
5.2 Some examples of how you might provide us with personal information are:
1. apply for, order and/or purchase our products or services;
2. create an account on our websites;
3. subscribe to our service or publications;
4. engage with us on social media;
5. download and install apps;
6. request marketing to be sent to you;
7. enter a competition, promotion or survey;
8. attend an event; or
9. give us some feedback or make a complaint.
10. apply for a job with us, whether through our website or otherwise;
11. When interacting with our stores or spas you will be given additional supplementary consent documentation and information regarding your rights wherever appropriate.
5.3 As you interact with our websites, we may automatically collect Technical Data about your equipment, browsing actions and patterns via automated technologies and interactions. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
5.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights, please see paragraph 10.1). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
6. How we use your personal information
6.1 We may use your information in the following ways:
Purpose/Activity:
To register you as a new customer when you place an order on the Website or App. Here we require personal information to perform our obligations under our contract with you
Lawful basis for processing:
(a) Performance of a contract with you
Purpose/Activity:
Updating your account (e.g. such as a change of address or change in your marketing preferences)
Lawful basis for processing:
(a) Performance of a contract with you
Purpose/Activity:
To process and deliver your order for products or services including:
(a) Manage payments, fees and charges
(b) Collect money owed to us
Lawful basis for processing:
(a) Performance of a contract with you
(b) Necessary for our legitimate interests
Purpose/Activity:
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
Lawful basis for processing:
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
Purpose/Activity:
To enable you to partake in a prize draw, event, competition or complete a survey
Lawful basis for processing:
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
Purpose/Activity:
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). For example, we may need to process your personal information to keep your payment information safe and protect you against fraudulent transactions
Lawful basis for processing:
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
Purpose/Activity:
To deliver relevant website content to you and measure or understand the effectiveness of the marketing we serve to you
Lawful basis for processing:
(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
Purpose/Activity:
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, we may at times use your personal information (such as your IP address) to measure the use of our websites by you and assess the effectiveness of our websites and improve the content of our websites.
Lawful basis for processing:
(a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Purpose/Activity:
To make suggestions and recommendations to you about goods or services that may be of interest to you, or products and services that you ask us to send you information about, by email, post, mobile, telephone and/or through other digital means (depending on your stated preferences) including social media platforms
Lawful basis for processing:
(a) Necessary for our legitimate interests (to develop our products/services and grow our business)
Purpose/Activity:
To carry out email marketing and send you marketing communications by email. Such communications will include information about the products, services, events, offers and promotions we offer from time to time.
Lawful basis for processing:
(a) Where you have expressly consented to receive such marketing communications or where we have another lawful right to do so
Purpose/Activity:
When applying for a position within Lush, we will process information concerning your application and our assessment of it, your references, any checks we may make to verify information provided or background checks and any information connected with your right to work in Lebanon. If relevant, we may also process information concerning your health, any disability and in connection with any adjustments to working arrangements.
Lawful basis for processing:
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated)
Purpose/Activity:
When receiving a treatment from a Lush Spa we will ask you for details relating to your health in order to perform a risk assessment.
Lawful basis for processing:
1. Performance of a contract with you
2. Necessary to comply with a legal obligation
3. Necessary for our legitimate interests (to keep our records updated)
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out above.
6.2 We will only use your personal data when the law allows us to and we will never sell your data to third parties.
6.3 We may disclose your personal information if we are required to do so by law or requirement of a competent authority. In addition, we may disclose your information in order to comply with regulatory obligations such as if you have an adverse reaction to our products.
6.4 We will only use your personal information for the purpose it has been provided, as appropriate, or where the processing of your personal information is necessary for the performance of a contract to which you are a party. We may also use this information in order to take required steps prior to entering into a contract with you, or as part of our necessary processing for legal purposes and/or legitimate business needs.
6.5 If at any point we decide that we wish to use your personal information for any purpose other than, or in addition to, the purpose(s) listed in this Privacy Notice, or that was stated at the time your personal information was collected (or a purpose compatible with the original purpose), we will notify you. To the extent that your consent is legally required we will only proceed with such use if we receive your consent with respect to such additional purposes.
7. Sharing your personal information
7.1 We may share your personal information within the Lush Group including Lush Manufacturing, Lush Retail, Lush Digital and Lush Limited. This might also include any third parties who buy, sell, transfer, or merge with parts of our business or our assets.
7.2 We may use other carefully selected companies, agents, or contractors (Third Parties) to perform services on our behalf or to assist us with the provision of services to you, where we have a legal basis to do so. Some examples of these are:
1. IT companies who support our website and other business systems
2. Operational companies such as delivery couriers.
3. Direct marketing companies who help us manage our electronic communications with you.
4. Data insight companies to ensure your details are up to date and accurate.
5. For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
6. We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.
7.3 Where data is shared with a third party service provider, we will provide only the information they need to perform their specific services. They may only use your data for the exact purposes we specify in our contract with them. In addition, if we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
7.4 We may share your personal information with third parties service providers established outside of Lebanon, for the purposes of providing services to you or supporting our business operations. If we do transfer your personal information to these organisations, we will provide appropriate measures and controls to protect your personal information such as data transfer agreements in accordance with applicable law including use of Standard Contractual Clauses (SCCs) and relevant adequacy decisions.
8. Data security
8.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. These include:
1. Physical measures: locked filing cabinets, restriction of access to offices, and company alarm systems.
2. Technical tools: passwords and encryption, using industry best practices.
3. Organisational controls: confidentiality agreements, limiting access on a need-to-know basis, staff training and security clearances.
8.2 In addition to the above, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to access that data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
8.3 We secure access to all transactional areas of our websites and apps using ‘https’ technology.
8.4 We regularly monitor our system for possible vulnerabilities and attacks, and we carry out vulnerability testing to identify ways to further strengthen security.
8.5 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. Data retention
9.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
9.2 Generally, we store your personal information for as long as necessary in order to maintain the customer relationship and to provide services to you. There are other reasons why your personal information may be retained for a longer period such as legal or regulatory reasons. However, if you opt in to receive marketing communications from us we will retain your personal information as long as necessary (for the purposes of direct marketing to you) unless you withdraw your consent to, or unsubscribe from, marketing materials. If you would like to withdraw your consent to, or unsubscribe from, marketing communications, please contact us in the manner indicated in the relevant communication.
9.3 At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
10. Your rights
10.1 You have the right to:
1. Access your personal information. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
2. Request correction of the personal data that we hold about you.
3. Request portability of your personal information.
4. Request restriction of processing of your personal information.
5. Object to the processing of your personal information.
6. Request erasure of your personal information.
7. Withdraw consent at any time where we are relying on consent to process your personal data.
10.2 If you believe that your rights have been breached or that your personal information has been compromised, you have the right to request that we remedy the situation. If you would like to exercise your rights, please contact us using the contact information at the end of this Privacy Notice.
10.3 We aim to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10.4 We commit to investigating all complaints and will take appropriate necessary measures to resolve matters of concern, including, if necessary, amending our policies and practices.
10.5 If we believe that your request is manifestly unfounded or excessive we reserve the right to reject that request.
10.6 You also have the right to make a complaint to the competent supervisory authority. As we are incorporated in the United Kingdom, our regulatory authority is the Information Commissioner’s Office (“ICO”). Contact details for the ICO can be found on its website at https://ico.org.uk.
11. Accuracy of Personal Information
11.1 We keep personal information as accurate, complete and up-to-date as necessary, taking into account its use and the interests of our customers.
11.2 You are responsible for informing us about changes to your personal information and for ensuring that such information is accurate and current.
12. CCTV
12.1 Please note that where CCTV is in operation in our stores you may be captured on CCTV and your image stored. All CCTV footage is captured purely for your security and for the prevention and detection of crime. If you would like to know more about this, please contact us using the details provided at the end of this Privacy Notice.
13. Children
13.1 Unless otherwise indicated, our websites and mobile apps are not directed toward children and we do not knowingly collect data relating to children.
14. Third Party Links
14.1 This website may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Notice of every website you visit.
15. Contact Details
15.1 Full name of legal entity: Fresh Tree SAL/DBA Lush Fresh Handmade Cosmetics (Lebanon)
Email Address: wecare@lushlebanon.com (FAO Data Privacy Team)
Postal address: Fresh Tree SAL/DBA Lush Fresh Handmade Cosmetics, Ras El Nabaa, Al Hout Street
Telephone number: +961 1 652002
15.2 You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
15.3 You are reminded not to send sensitive information such as passwords, credit card information etc via unencrypted means (such as email) when contacting the above parties.