The aim of this privacy charter is to provide you with clear, simple and complete information about how we process the personal data you give us or the data we may collect while you are browsing our website, how it may be transferred to third parties but also your rights and options to control your personal information and protect your privacy.

FRESH SAS, a joint stock company with a share capital of 40 000, 00 euro, registered in the Paris trade and companies register under no. 790 084 149, with headquarters located at 5-7 rue du commandant Pilot 92200 Neuilly-Sur-Seine (hereinafter “FRESH”) is the data controller of personal data collected on the www.FRESH.com/eu  website , in shops and counters in the sense of regulations applying to personal data, in particular Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter the "GDPR").

I. What is personal data?

Personal data is any information about an identified physical person or a physical person that can be identified directly or indirectly via an identification number or one or more elements particular to them, such as their last name, first name, date of birth, customer number, order number, photo, etc.

II. When can we collect your personal data?

We can collect your personal data when you:

• create a customer account on our website, apps, or in our stores;
• order goods from our website;
• make purchases in stores;
• use our online services;
• agree to receive personalized marketing communications from us by email, telephone, SMS or post, depending on your selection;
• answer surveys or satisfaction questionnaires based on your customer experience;
• interact with our Maison via its official page on social networks or when we suggest re-use of content that you have published on a social network;
• publish/mention our products on social networks;
• contact our customer service;
• send requests for information to our Maison;
• take part in an event we organize;
• browse on the Internet using cookies or similar technology or when you click on advertisements for our products.

During your purchase journey, you will be able to choose between i) logging into your existing FRESH account, ii) creating a new account, or iii) paying as a Guest (or also called Guest Check out). This last purchasing experience is thus summarized as follows. Payment for purchases as a Guest refers to the possibility for any FRESH customer or prospect to make a purchase in our online store without logging into an account. Your information is collected for the process of payment and delivery of items or for FRESH in order to comply with applicable laws. Your information may also be used for analytical purposes by FRESH and for communication purposes via its preferred channel (for example: sending a general newsletter relating to the news of our Maison by email for which you have the right to object). For more information on these purposes, please go to the section "For what purpose is your personal data collected and used?".

III. What personal data might we collect?

(i) As part of the services we provide, we may need to collect certain data directly from you using electronic forms on our website, mobile apps or in selected stores, or in paper form, for a range of purposes (see IV for a list of processing purposes).

Information we might collect includes:

• Your identity
• Your contact details (e.g. email address)
• Your personal preferences in relation to the products we market or to our website (language);
• Information relating to your orders, their tracking and your purchase invoices;
• Information you may provide for our customer service;
• Specific health data if you notify us of any undesirable side-effects concerning any of our products;
• Your bank details if you place an order via our website;
• Your publications/mentions relating to our products on social networks.

Important: your bank details are encrypted on FRESH.com/eu servers. Payments are processed via a secured payment platform, involving additional verifications, in order to guarantee the security of purchases made on https://www.FRESH.com/eu, and combat fraud.

The details you provide of your Payment Card when placing an order are always encrypted prior to being transited, using an SSL (Secure Socket Layer) protocol.

Personal data essential to FRESH Cosmetics is marked with an asterisk on all personal data collection forms on our website, in electronic form at some of our counters and stores, as well as off-line in paper form. If you do not fill in these compulsory fields, FRESH Cosmetics will probably be unable to respond to your request and/or provide you with the requested services. Other information is optional and enables us to get to know you better and improve our communications and services with respect to you.

(ii) We may also collect certain data generated by your purchases of products or services, online or in stores, particularly information regarding the amount and type of your purchases.

(iii) Lastly, we may collect information regarding the use of our website, especially with respect to your browsing (pages visited, links clicked, etc.). Some of this information may be collected using cookies placed in your web browser when you browse our website. For more information about cookies, click here.

IV. For what purpose is your personal data collected and used?

FRESH Cosmetics processes your data to:

• enable you to create a customer account on our website, applications and at our counters and in our stores;
• manage your access to your customer account on the Internet or our applications;
• process and manage your online orders and their delivery;
• record purchases made at our counters or in our stores;
• secure online transactions, prevent fraud, payment incidents and manage debt collection (see our terms and conditions for more details) ;
• manage customer relations with respect to any requests for information or complaints you may send us via our website, customer service or social network pages;
• trace and manage any alerts you may send us as part of our cosmetic vigilance obligations;
• manage and optimize your customer experience by improving our knowledge of our customers; 
• propose appropriate, tailored services, particularly when we enhance our products and services;
• conduct statistical analyses to develop management, measuring and reporting tools in order to adjust and improve our sales, marketing and product manufacturing;
• analyse your preferences and habits, anticipate your needs based on your customer profile and your posts/remarks about our products on social networks;
• analyse our Maison’s performance on social networks in order to produce statistical analyses (studies of results by market, Maison influence and analysis of campaigns implemented);
• promote our Maison;
• the sending of a generic newsletter: you have the right to object if you no longer wish to receive it;
• subject to your free, specific, informed and unambiguous consent:, send you personalized information about our offers, news and events on according to the communication media you have selected and preferences you have indicated to us and your consumer profile here  if you have a client account, otherwise you can contact our customer service (see section "What are your rights and how to exercise them") and to use third- party services to personalize your profile;
• manage your participation in the events for which you register.

 

V. What legal grounds legitimize the processing of your data?

FRESH Cosmetics processes your personal information:

• to perform the contract agreed between yourself and FRESH Cosmetics, to manage your access to your customer account and to process and track your orders;
• within the framework of its legitimate interest for the purposes of marketing management, securing its digital media (websites, applications, etc.) and combating fraud ;
• when you have given your consent for the processing of your data, especially for the purposes of managing our personalized sales prospection, and of your browsing data via cookies, etc.
• within the framework of compliance with our legal obligations, particularly fiscal obligations (conserving purchase invoices) and cosmetic vigilance in regards to Regulation (EU) 1223/2009 of 30 November 2009 on cosmetic products.

 

VI. What are the recipients of your personal data?

Your personal data is processed by FRESH Cosmetics employees. We ensure that only authorized persons within FRESH Cosmetics have access to your personal data when this is necessary for the purpose of managing our commercial relations or meeting our legal obligations.

We may also share your personal data with;

• other FRESH subsidiaries as well as with our parent company FRESH Inc, other entities of the LVMH Group, with some of these entities acting as data processors;
• subcontractors, such as:
  • site hosting and maintenance service providers and the providers of our electronic personal data collection solutions at counters and in stores;
  • payment service providers;
  • anti-fraud service providers;
  • logistic service providers;
  • marketing solution service providers;
  • Analyses providers for the purposes of personalizing content;
    Please note that these partners may act as data controllers, in which case they have their own privacy policies. We illustrate some examples in the table below:
    • Facebook (Privacy policy accessible here)
    • Google (Privacy policy accessible here)
    • Instagram (Privacy policy accessible here) 
  • sales prospection and social network communication service providers;
  • providers of statistical analysis of our performance on social networks;
  • customer service providers;
  • service providers for managing cosmetic vigilance alerts;
  • event organization service providers.

Lastly, FRESH Cosmetics may need to share your personal data with third parties to meet its legal, regulatory or treaty obligations, or to respond to requests from authorized legal authorities.

VII. Transferring data abroad

Some recipients of your personal data may be located abroad, including outside of the European Economic Area.

All data transfers outside of the European Economic Area are subject to appropriate guarantees, especially contractual, technical and organizational guarantees, that comply with applicable regulations relating to the protection of personal data.

VIII.  How long do we keep your data?

We keep your personal data only for the time necessary for the purpose pursued. In general, your personal data is stored in our database, as shown below: 

Data subject: Regular customer (i.e.: having a Customer profile)

Duration: 5 years from the date of the first purchase or account creation

Specificity: This period will be renewed each time you interact with FRESH (for example a purchase or an update of your profile) or your consent to continue to interact at the end of this period

Data subject: Prospect

Duration: 3 years from the date of data collection

Specificity: This period will be renewed each time you interact with FRESH (e.g. participation in an event) or your consent to continue to interact at the end of this period

Data subject: Client ‘Guest’ (i.e. not having a Client account)

Duration: 5 years from the date of first purchase

Specificity: This period will be renewed each time you interact with FRESH (e.g. a purchase)

Data subject: customer care (i.e.: complaints or information)

Duration: duration of the processing of the request plus 5 years. For exercises of rights, under GDPR, the request is kept during its treatment plus 6 years

Data subject: cosmetovigilance

Duration: duration of the processing of the request plus 10 years in archive

Data subject: Privileged interlocutors (e.g. agents, stylists, journalist, celebrity managers, artists) in relation to Maison FRESH Public Relations services

Duration: 10 years from the date of your first contact

Specificity: This period will be renewed each time you interact with FRESH (for example a request for information on the FRESH)

When we no longer need to use your personal data, it is deleted from our systems and our registers or made anonymous so that it can no longer be identified, subject to retention for archival purposes. claims and litigation management as well as to meet our legal and / or regulatory obligations and / or to respond to requests from authorities authorized to make the request.

IX. What are your rights and how can you exercise them?

FRESH has adopted the data protection and security practices described in this Statement for all individuals concerned. In addition, we have also identified and taken in to account the data protection and security measures required at local or regional level. This includes, for example, those required for residents of the European Union / European Economic Area under the General EU Data Protection Regulation (GDPR) 2016/679.

In particular, the GDPR provides the following rights:

• Right to information: you have the right to obtain clear, transparent and understandable information about how we use your personal data and about your rights. You will find all of this information in this Statement
• Right of access: you have the right to access the personal data that FRESH holds about you
• Right of rectification: you have the right to have your personal data rectified if it is inaccurate or obsolete and / or to supplement it if it is incomplete
• Right to erasure / right to be forgotten: you have the right to have your data erased or deleted. However, this right may be limited by a legal reason or our legitimate interest in keeping your personal data
• Right of opposition: you can at any time request to no longer receive our communications relating to our offers, news and events. You can in particular use the hypertext link provided for this purpose in each email or communication that we send to you. You can also request to receive non-personalized communications about our products and services
• Right to withdraw consent at any time for data processing based on consent: you can withdraw your consent relating to our processing of your data when this processing is based on consent
• Right to data portability: you have the right to move, copy or transfer data from our database to another. This right only applies to the data you have provided, and provided that the processing is based on a contract or your consent and carried out using automated processes

You can exercise these rights directly with FRESH Cosmetics by sending an email to dpo@fresh.com or a non-registered letter by post to 5-7 rue du commandant Pilot 92200 Neuilly-Sur-Seine.

If, at any time, you no longer wish to receive details of our offers, news and events, you can unsubscribe using the hypertext link provided for this purpose in each email we send you. Or you can send a non-registered letter to 5-7 rue du commandant Pilot 92200 Neuilly-Sur-Seine

We would also like to inform you about the contacts of other authorities in Europe that you can find and contact on the website of the European Data Protection Committee: https://edpb.europa.eu/about-edpb/board/members_fr

X. Contact details of the Data Protection Officer (DPO)

For all questions relating to the collection and processing of your data by FRESH Cosmetics you can contact the FRESH Cosmetics Data Protection Officer at dpo@fresh.com or Data Controller, FRESH Cosmetics, 5-7 rue du commandant Pilot 92200 Neuilly-Sur-Seine.

Dernière mise à jour le 05/04/2022