Privacy Policy

Privacy Policy

PRIVACY POLICY

The Beauty Chef Pty Ltd (ABN 16 156 222 043) (“The Beauty Chef”, “us” or “we”) owns and operates the websites, www.thebeautychef.com and us.thebeautychef.com (Website).  We are dedicated to ensuring that we comply with our obligations under the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles (the APPs), the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).  This Privacy Policy explains how and why we collect, use, hold and disclose your personal information.

We have appointed a Data Protection Officer who is responsible for answering questions in relation to this Privacy Policy.  If you have questions or concerns regarding this Privacy Policy, you should contact The Beauty Chef’s Data Protection Officer at info@thebeautychef.com.

ACCEPTANCE

By visiting, using or purchasing products via our Website, or by otherwise providing your personal information to us, you confirm your acceptance of the terms of this Privacy Policy and your consent to the handling of your personal information as set out in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use the Website or otherwise provide us with your personal information.

WHAT IS PERSONAL INFORMATION?

“Personal information” means information or an opinion that is capable of identifying an individual, whether that information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

TYPES OF PERSONAL INFORMATION COLLECTED

The types of personal information we may collect from you include (but are not limited to):

  • Identity Data which includes your name, username, screen name, marital status, title, date of birth and gender;
  • Contact Data which includes your billing address, delivery address, email address and telephone numbers;
  • Financial Data which includes payment credit or debit card details; and
  • Transaction Data which includes details about payments to and from you, shopping habits and preferences and products you have purchased from us.

If you expressly agree to us doing so by using Your Remedy, our online product selection tool, or if you provide health related information via live chat or Facebook, or to our customer service team, we may also collect:

  • Health Data which may include details of your skin routine, dietary and health related information including skin and gut health related conditions.

This information must be collected in order to provide you with recommendations for suitable products, to monitor and ensure the safety of our products, and to meet health and safety related statutory reporting obligations.  All health information is held securely in accordance with the Privacy Act, GDPR and this Policy.  Health related information is retained for a period of 1 year then deleted.

This website is not intended for children and we do not knowingly collect data relating to children.

MANNER OF COLLECTION

We may collect personal information from you in variety of ways, including when you:

  • sign-up for an account on our Website or when you manage/change your account information;
  • place orders for and/or purchase our products;
  • use our online tool to receive skincare recommendations;
  • visit the Website, Facebook page and other social media webpages that we manage and provide comments;
  • provide feedback on our products or customer care by, for example, email, phone or via our Website or social media pages
  • contact us by phone, email, post or via our Website enquiry forms;
  • apply for employment with us;
  • subscribe to receive our newsletters or other promotional materials; and
  • sign-up to participate in surveys, competitions or other promotional activities. Please note that our promotions, competitions and surveys are usually subject to their own terms and conditions, which may also address additional privacy matters.

We may also collect certain non-personal information when you visit or use our Website, for example, through the use of cookies (see below), or online analytic tools such as Google Analytics or Facebook Pixels.  This information may include the location from which you have come to the site and pages you have visited, technical data, including your IP address, the types of devices you are using to access the website, device attributes, operating system, internet browser and language.  This information is collected in aggregate and you cannot be individually identified using this tracking information.

We may also collect your personal information from third parties, including (but is not limited to):

  • analytics providers such as Google Analytics, Meta and Rakuten;
  • search information providers;
  • contact, financial and transaction data from providers of technical, payment and delivery services; and
  • identity and contact data from publicly available sources.

Your personal information will only be collected from third parties if it unreasonable or impractical to collect that personal information from you directly.  If and when we do collect personal information from third parties, we will take reasonable steps in the circumstances to inform you of this collection and obtain your consent.

COOKIES

Our Website uses cookies. Cookies are small text files which the website may place on your device to store information.  Cookies collect information that includes the server your computer or device is logged onto, your browser type and how you gained entry to our Website.  Therefore, when you visit our Website anonymously, details are recorded about your visit, such as time and date, pages accessed and time spent on the Website. This information is used in an anonymous form for statistical purposes and, as such, cannot be used to identify you individually. A cookie cannot retrieve any other information from your hard drive, pass on computer viruses or capture your email address or any other personally identifiable information.  We may use persistent

Check the “Help” menu of your browser for more information on how to change your cookie preferences. You may disable cookies or set your browser to alert you when cookies are being sent. If you do disable cookies, we may be unable to optimise your visit to our Website and you may experience some errors.  Refer to your browser instructions or help screens to learn about these functions.

USE OF PERSONAL INFORMATION

We collect, hold and use your personal information so that we can:

  • provide you with products and services, information about products and services and manage our relationship with you;
  • contact you to respond to your questions, comments and requests and to otherwise provide customer services or if we need to tell you something important;
  • carry out market research and product analysis and development;
  • market our products and services, including direct marketing, and providing you with information and  updates, such as newsletters or offers of promotional events, or opportunities (such as competitions or surveys) that you may be interested in;
  • take steps to prevent fraud and/or identify and investigate suspicious use of our Website;
  • assess and process employment applications and conducting due diligence as part of pre-employment screening;
  • profiling and automated decision making;
  • for any other purpose to allow us to comply with our obligations under law; and
  • for any other purposes that would reasonably be expected by you.

If you do not provide us with your personal information we many not be able to provide you with our products or services or communicate with you or respond to your enquiries.

We will only use your personal information for the purpose for which we collected it unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose.  If we need to use your personal information for an unrelated purpose we will notify you and obtain the legal basis which allows us to do so. 

We may process your personal information without your knowledge or consent in compliance with the above rules where this is required or permitted by law.

THIRD PARTIES

We may disclose your personal information to others, within and outside of our group of companies, including:

  • other companies within The Beauty Chef group, and companies that may acquire all or part of The Beauty Chef or an affiliated company;
  • third party service providers who store or process it on our behalf in order to assist us in providing promoting and marketing as well as developing and improving our products and services. For example, our Website is operated by Shopify. As a result, when you use our Website, Shopify may collect your name, email address, shipping and billing address, payment details, phone number, IP address and device data. Shopify requires this information so that it can provide us with its website services;
  • our professional advisors including lawyers, accountants, tax advisors and auditors;
  • as required or authorised by law, including to courts of law, law enforcement, regulatory and government bodies to assist in their functions;
  • where you have expressly consented to the disclosure, or your consent may be reasonably inferred from the circumstances; or
  • as otherwise permitted under applicable laws

We may combine personal information we receive about you, with other information we hold about you, including information received from third parties and publicly available information.

We will not use health information for any purpose other than to assist you in choosing or purchasing The Beauty Chef products, or complying with our regulatory and legal reporting obligations.

We require all third parties to respect the security of your personal information and treat it in accordance with the law, we do not allow our third party service providers to use your personal information for their own purposes and only permit them to process it for specified purposes in accordance with our instructions.

TRANSFER OVERSEAS STORAGE OF PERSONAL INFORMATION

The security of your personal information is important to us. We take such steps as are reasonable in the circumstances to maintain the integrity and store securely your personal information to protect it from interference, misuse and loss and from unauthorised use, access, modification or disclosure. 

When you enter information, such as credit card numbers, via our Website, your credit card information is sent direct to the payment gateway which processes your payment.  We do not receive or store your credit card details.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

The Beauty Chef takes reasonable steps to destroy or permanently de-identify your personal information if it is no longer needed for any purpose under this Privacy Policy, except in circumstances where The Beauty Chef is required or authorised to retain this personal information (including as a result of the operation of tax, financial services or other applicable law).

Please contact us immediately if you become aware or have reason to believe that there has been any unauthorised use of your personal information held by us.

If you have any questions about security on our Website, you can email us at info@thebeautychef.com

GDPR

If you are a UK or EU resident, under the European Union (EU) General Data Protection Regulation (GDPR), as a data subject you have the right to:

  • request access your data;
  • request to have your data corrected where it is inaccurate;
  • request restriction of processing;
  • withdraw consent to having your data processed;
  • request to have your data erased;
  • have your data provided in a standard format so that it can be transferred elsewhere;
  • request the transfer of your data to a third party (data portability); and
  • not be subject to a decision based solely on automated processing.

(Data Subject Rights).

We have processes in place to deal with Data Subject Rights requests.  Our actions and responsibilities will depend on whether we are the controller or processer of the personal information at issue.  Depending on our role as either a controller or processor, the process for enabling Data Subject Rights may differ, and are always subject to applicable law.  Please refer to the contact Details section of this policy if you would like to make a Data Subject Rights request OR have a specific need for assistance with a Data Subject Rights request.

CALIFORNIA RESIDENTS

If you are a resident of California, the processing of your personal information by us is likely to be subject to the California Consumer Privacy Act (CCPA) which provides you with certain enhanced privacy rights which should be read in conjunction with this Privacy Policy.

As a resident of California, the CCPA says that you have the right:

  • to know what personal information has been collected, used, and disclosed by us over the prior 12 months;
  • to delete personal information held by us, subject to certain exceptions;
  • to opt-out of sale of personal information. Consumers are able to direct a business that sells personal information to stop selling that information. Children under the age of 16 must provide opt in consent, with a parent or guardian consenting for children under 13; and
  • to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.

We do not sell personal information to third parties. We do permit third parties to collect information for the business purposes described in this Privacy Policy.

California's "Shine the Light" law (Civil Code Section § 1798.83) also permits California residents to request certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes.

To exercise one of the above rights or to find out further information about how we handle your personal information, please contact the Data Protection Officer via info@thebeautychef.com using the email subject line ‘California Resident Privacy Request’.

NEWSLETTER SUBSCRIBERS & MARKETING

We will use your personal information to offer you products and services we believe may interest you.  For example, The Beauty Chef sends by email Newsletters to those who subscribe to the service.  Our Newsletters contain the latest product information, news and promotional offers.

If you would like to unsubscribe from marketing communications, please use the unsubscribe link in the relevant communication or email info@thebeautychef.com.

ACCESS AND CORRECTION OF PERSONAL INFORMATION 

It is important that the personal information we hold about you is accurate and current.  Please update us if your personal information changes.

You are entitled to access or request correction of the personal information we hold about you.  However, in order to maintain the accuracy of your personal information, we rely on the quality of the personal information you provide to us.

If your personal information changes, or if you no longer desire our products or services, you may correct, update or delete your personal information by logging into your account or you deactivate your account by emailing us at or by contacting our Data Protection Officer using the Contact Details below.

If you would like to access any of the personal information we hold about you, please email info@thebeautychef.com or contact us using the Contact Details below, and inform us that you wish to access your personal information.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information.  This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it.  We may also contact you to ask for further information in relation to your request.

There are some circumstances specified by law where we may refuse your request for access to your personal information.  However, if one of these circumstances applies, we will provide you with a written explanation of the reasons for refusal, unless it would be unreasonable to provide that notice.

Once we receive your request for access, we will endeavour to respond to your request within a reasonable period after the request is made. 

COMPLAINTS

If you have any concerns or a complaint about a breach of your privacy or the way we have handled your personal information, please email info@thebeautychef.com or contact us using the Contact Details below and inform us of the nature of your complaint.

We will then investigate your complaint and endeavour to provide you with our response within a reasonable time.  If, after receiving our response you still consider that your privacy complaint remains unresolved, you may then, for example, refer your concern to:

  • Australian Residents - the Office of the Australian Information Commissioner at oaic.gov.au.
  • UK or EU Residents – the Information Commissioner’s Office at ico.org.au.

LEGAL

We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on The Beauty Chef.

LINKS

Our Website may contain links to websites operated and maintained by third parties over which we have absolutely no control.  These third party websites are not subject to this Privacy Policy or our privacy standards and procedures. Any information you provide to third party websites will be governed by the terms of the websites’ privacy policies. We have no responsibility or liability whatsoever for the content, actions or policies of third party websites. The inclusion of third party links on our Website in no way constitutes an endorsement of such websites’ content, actions or policies.

CHANGES TO PRIVACY POLICY

The Beauty Chef may make changes to this Privacy Policy from time to time.  Any changes to this Privacy Policy will be published on our Website so please review it frequently.  If we make material changes to our Privacy Policy, we will notify you here, by email, or by means of a notice on our homepage.

CONTACT DETAILS

If you have any questions or comments about this Privacy Policy, please contact us:

Attention:  Data Protection Officer

The Beauty Chef Pty Ltd

Suite 11/402 New South Head Road

Double Bay NSW 2028

Tel: 02 9363 1648

E: info@thebeautychef.com

 

Last Updated:  29th July 2024