Last Updated, Jan 2022
A. Who we are
2. You have been directed to this Policy because we (and/or our related corporations or affiliates) are and/or will be collecting, using or disclosing your personal data.
3. We own and/or operate the website www.fresh.com/id and/or any mobile apps that may be published by us (the said website and mobile apps may be collectively or individually referred to as the “Website”).
4. PT. L Beauty Brands is a limited company registered in Indonesia, with its registered address at Prudential Tower Lt.12, Jl. Jend Sudirman Kav. 79, Jakarta 12910. Fresh, Inc. is a US corporation formed under the laws of the State of Delaware, at 130 5th Avenue, 11th Floor New York, NY 10011.
B. What Is The Purpose Of This Policy?
5. Fresh pays particular attention to the processing, confidentiality and safety of your personal data.
7. We take our responsibilities seriously. We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
C. What Information Do We Receive/Collect?
10. “Personal data” is defined under the PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Fresh receives or collects information about you, such as but not limited to when you:
- provide your information to us;
- use our Website or order goods from our Website;
- interact with us or use our online services such as but not limited to when you interact with us via our official page on social networks or when we suggest re-use of content that you have published on a social network;
- interact with or enter into (or attempt to enter into) a transaction with us;
- create a customer account on our Website, apps, or in our stores;
- agree to receive marketing communications from us by email, telephone, SMS or post, depending on your selection;
- answer surveys or satisfaction questionnaires based on your customer experience;
- contact our customer service;
- send requests for information to us;
- 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.
11. Personal data about you which we may receive or collect include but may not be limited to:
- Your identity (such as name and/or home address)
- Your contact details (e.g. email address)
- Your personal preferences in relation to the products we market or to our website (language);
- 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;
- Location information of yourself and/or your computer or device.
12. Personal data essential to Fresh may be 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 will probably be unable to respond to your request and/or provide you with the requested services.
13. We may collect and store certain information automatically when you visit the Website. Examples include the internet protocol (IP) address used to connect your computer or device to the internet, connection information such as browser type and version, your operating system and platform, a unique reference number linked to the data you enter on our system, login details, the full URL clickstream to, through and from the Website (including date and time), cookie number and/or your activity on our Website, including the pages you visited, the searches you made. See section I for more information.
14. If you apply for a job with our Company via our website, we may collect the following information:
- Your identity;
- Your contact details;
- Your Curriculum Vitae;
- Your application letter
As this data concerns your application, please inform us in writing of any changes to your contact details or, more generally, to your career and employment situation, to help us to manage your application efficiently.
15. Additionally, we may already possess personal data about you that we had lawfully received from other Fresh Group entities, whether for any of the purposes stated herein or other purposes, which we processed and/or process in accordance with applicable data protection law. “Fresh Group” refers to our affiliates, related corporations and associated companies, around the world.
16. We will receive or collect your personal data in accordance with the applicable data protection law.
17. We may receive information about you from third parties if you use any websites or social media platforms operated by third parties (for example, Facebook, Instagram, Twitter etc.) and, if such functionality is available, you have chosen to link your profile on our Website with your profile on those other websites or social media platforms.
D. The Purposes For Which We Collect, Use Or Disclose Your Personal Data
18. Fresh will/may collect, use, disclose and/or process your personal data for one or more of the following purposes:
(a) processing, facilitating and/or dealing with your interest in our products and/or services;
(b) considering, processing, facilitating, dealing with and/or managing, your request/application for or your purchase of, intended purchase of or your subscription for, our products and/or services (the “Transaction”);
(c) dealing with, facilitating, processing and/or administering the account that you may open with us; enabling you to create a customer account on our website, applications and at our counters and in our stores;
(d) managing your access to your customer account on the Internet or our applications;
(e) facilitating, processing, dealing with, administering and/or managing Transaction(s) or intended Transaction(s). Without prejudice to the generality of the foregoing, this includes processing and managing your online orders and their delivery;
(f) providing products or services to you;
(g) recording purchases made at our counters or in our stores;
(h) administering, facilitating, managing, processing and/or dealing with your relationship with us, your transaction(s) with us, your being our loyalty card member or rewards member, any transactions or activities carried out by you on the Website or at our premises/establishments or with us, your requests, including but not limited to dealing with your adhoc queries, requests or bookings, dealing with your preferences, dealing with your membership needs, dealing with your delivery needs, processing orders and payment transactions, implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a reservation or transaction that includes third party individual(s) or on behalf of third party individual(s) or for third party individual(s), you consent to us disclosing personal data that identifies you, to the said third party individual(s) (such as but not limited to your name);
(i) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Website or including identifying you for login to the Website, our portals and other online services provided by us. Without limiting the generality of the foregoing,:
(i) this may include our collection and subsequent processing of your location data or data that identifies your location;
(ii) if you:
-1 gain access to or sign in to the Website, using your login credentials of a Social Networking Site, or
-2 use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Website,
it may result in information or your personal data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter). By your proceeding pursuant to (1) or (2) above, you consent to such collection, use or disclosure of your personal data;
(j) monitoring, processing and/or tracking your use of the Website in order to provide you with a seamless experience, facilitating or administering your use of the Website, and/or to assist us in improving your experience in using the Website;
(k) administering, facilitating, processing and/or dealing in any transactions or activities carried out by you on the Website;
(l) carrying out and/or facilitating your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf;
(m) contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for one or more of the Purposes stated herein. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(n) understanding and/or managing your interests, concerns and preferences;
(o) the conduct of training or training purpose, so as to develop or improve our products or services and/or our staff’s and agents’ services and/or service quality. Without limiting the generality of the foregoing, such training may involve collection, use, disclosure or processing of your personal data including your feedback or comments or reviews;
(p) carrying out due diligence or other screening activities (including background checks, anti-money laundering checks, know your client checks) in accordance with legal or regulatory obligations (whether of Indonesia or other countries) applicable to us or any Fresh Group entity, the requirements or guidelines of governmental authorities (whether of Indonesia or other countries) which we determine are applicable to us or any Fresh Group entity, and/or our or any Fresh Group entities’ risk management procedures that may be required by law (whether of Indonesia or other countries) or that may have been put in place by us or any Fresh Group entities;
(q) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned, regardless that such prevention or investigation involves us and/or is done by us or any Fresh Group entities; dealing with conflict of interests; or dealing with and/or investigating complaints; carrying out fraud detection and/or credit risk control in relation to your online transactions or attempted online transactions;
(r) complying with or as required by any applicable law, governmental or regulatory requirements of any jurisdiction applicable to us or any Fresh Group entity, including meeting the requirements to make disclosure under the requirements of any law binding on us or any Fresh Group entity, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of Indonesia or other countries), with which we or any Fresh Group entity is/are expected to comply;
(s) complying with or as required by any request or direction of any governmental authority (whether of Indonesia or other countries) which we or any Fresh Group entity is/are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (whether of Indonesia or other countries). For the avoidance of doubt, this means that we may/will disclose your personal data to the aforementioned parties upon their request or direction;
(t) conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our or a Fresh Group entity’s products, services and/or facilities in order to enhance any continued interaction between yourself and us or a Fresh Group entity connected or in relation to the Website, or your Transaction(s); or to improve any of our or a Fresh Group entity’s products or services or, whether now or in the future. Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face to face interview survey or request your feedback, by way of email or postal mail;
(u) for marketing purpose where you have provided your consent to us for the same, and with such consent, we (and/or the Fresh Group) may/would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, services and/or events (including products, services and/or events of third party organisations with which we may collaborate with) that we (including a Fresh Group entity) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future;
(v)storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Indonesia;
(w) to facilitate and/or ensure the safety and security of our premises, our customers, our staff and/or visitors to our premises; to deal with, handle and/or conduct disciplinary, security, crime prevention and/or quality assurance processes, matters and/or arrangements. Without prejudice to the generality of the aforesaid, we wish to bring to your attention that if there are surveillance cameras installed at our premises and/or offices, whether now or in future, such surveillance cameras are for security, crime prevention, safety and training reasons and you acknowledge that your personal data will be collected by such cameras and processed by us consequently, should you visit our premises or offices;
(x) maintaining and/or developing our IT or business systems and infrastructure including testing and upgrading of these systems;
(aa) tracing and managing any alerts you may send us as part of our cosmetic vigilance obligations;
(bb) business improvement purposes such as to manage and optimise your customer experience by improving our knowledge of our customers; to propose appropriate, tailored services, particularly when we enhance our products and services; to conduct statistical analyses to develop management, measuring and reporting tools in order to adjust and improve our sales, marketing and product manufacturing;
(cc) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of Fresh and/or of any Fresh Group entities, Transaction(s), and/or our or a Fresh Group entity’s transactions with our/its customers;
(dd) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of Fresh or of any
Fresh Group entities;
(ee) Fresh, Fresh Group’s or a Fresh Group entity’s reporting purposes including but not limited to reporting on Fresh’s business performance;
(ff) anonymization of your personal data. In this regard, you acknowledge that personal data that has been anonymized is no longer personal data and the requirements of applicable local data protection law (i.e. the PDPA) would no longer apply to such anonymized data;
(gg) to deal with the or as part of a bankruptcy, winding up, reorganization, restructuring, insolvency, receivership or an assignment for the benefit of creditors, of Fresh; and
(hh) if you are a job applicant, to manage any online job applications.
(the purposes set out in this paragraph 18 above shall be collectively referred to as the “Purposes”)
19. Fresh may/will need to disclose your personal data to third parties, whether located within or outside Indonesia, for one or more of the above Purposes, as such third parties, would be processing your personal data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your personal data to such third parties (whether located within or outside Indonesia) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your personal data for one or more of the above Purposes. Without limiting the generality of the foregoing or of paragraph 18, such third parties include:
(a) any Fresh Group entities;
(b) any of our (or the Fresh Group Entity’s) agents, contractors or third party service providers that may process or will/may be processing your personal data on our (or the Fresh Group Entity’s) behalf including but not limited to those which provide administrative or other services to us (or the Fresh Group Entity) such as mailing houses, telecommunication companies, information technology companies and data centres, hosting and maintenance service providers, the providers of electronic personal data collection solutions at counters and in stores, payment service providers, anti-fraud service providers, analysis services service providers, e-mail messaging services service providers, delivery or logistic service providers, payment transactions service providers, marketing service providers, marketing solution service providers, sales prospection and social network communication service providers, customer service providers, service providers for managing cosmetic vigilance alerts, event organisation service providers;
(c) third parties with whom we enter into or may enter into any contractual or other arrangement in relation to the products or services to be provided to you, or in relation to the Transaction; and
(d) third parties to whom disclosure by Fresh is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.
20. We may share your information with any Fresh Group entities, which may be based in countries other than Singapore, from time to time for one or more of the Purposes.
21. You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by emailing us at firstname.lastname@example.org. We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request, unless an exception under the law or a provision in the law permits us to. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal, including us being unable to perform the transactions requested by you or the termination of your relationship with us (depending on the extent of your withdrawal), as the case may be.
22. We may collect, use, disclose or process your personal data for other purposes that do not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by applicable data protection law or permitted by law.
23. To the extent permitted by law, we may/will be receiving or collecting from sources other than yourself, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes. We may combine information we receive from other sources with information you give to us and/or with information we have about you. We may use this information and the combined information for the Purposes set out above (depending on the types of information we receive).
24. We take reasonable steps to ensure that any personal data we collect, disclose and use is accurate and complete, if your personal data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, it is important that you advise us of any changes to your personal data or if there are any errors in the personal data we hold about you. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your personal data that you had initially provided us with.
E. Provision of third party personal data by you
25. Should you provide us with personal data of any individual other than yourself, you represent, undertake and warrant to us that:
(a) for any personal data of individuals that you disclose to us, you would have prior to disclosing such personal data to us obtained consent from the individuals whose personal data are being disclosed, to:
(i) permit you to disclose the individuals’ personal data to Fresh for the Purposes; and
(ii) permit Fresh and the Fresh Group to collect, use, disclose and/or process the individuals’ personal data for the Purposes;
(b) at our request, you will use such form(s) or document(s) provided by us in obtaining such consents from the individuals in question (for the avoidance of doubt, we are under no obligation to you to create any such form(s) or document(s));
(c) any personal data of individuals that you disclose to us are accurate; and
(d) for any personal data of individuals that you disclose to us, that you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their personal data to Fresh and for the Fresh Group to collect, use, disclose and process such personal data for the Purposes.
F. How Do We Store Data?
26. Security of your personal data is important to us. We will put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.
27. We will put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.
28. You have the right to ask us not to use your personal data for marketing purposes. Please let us know if you want to withdraw your consent you had provided to us, by emailing us at email@example.com.
29. You have the right to access and/or correct any personal data that we hold about you, subject to exceptions under the law. To exercise any of your rights, contact us at the email below, marking your communication "Confidential". In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the data refers.
We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. With respect to your access request, we may charge a fee in order to process it.
30. For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request.
31. For a request to correct personal data, once we have sufficient information from you to deal with the request, we will correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request.
32. Further rights may arise in future under amendments to the PDPA and in such a case, we will accord you such rights as provided for by the PDPA.
33. We hold and deal with your personal data in accordance with the PDPA.
H. Complaint Process
34. If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance.
35. For all questions relating to the collection and processing of your data by Fresh, as well as complaints, you can contact our Data protection officer at: firstname.lastname@example.org
I. Information on Cookie Management
36. This section is dedicated to our policy for managing cookies on the Website www.fresh.com/id
37. It has been designed to provide you with information on the origin and use of browsing data processed when you use our Website, together with your rights.
What is a Cookie?
38. When you use our Website, we may, depending on your choice, place a text file on your terminal (computer, smart phone or tablet) via the web browser. This text file is a cookie. Throughout the period of validity or registration, it will enable Fresh to identify your terminal during subsequent visits. Only the entity issuing the cookies is able to read or modify the information they contain.
39. Below you will find information about the cookies that may be placed on your terminal when you visit the pages of the website www.fresh.com/id, either by Fresh, or by third parties, together with ways in which you can delete or refuse installation of these cookies.
What is the Purpose of the Cookies Issued on www.fresh.com/id?
40. There are several types of cookies, some of which are issued directly by Fresh and its service providers, whilst others may be issued by third parties.
Cookies issued by Fresh and its service providers
41. Different types of cookies may be placed on your terminal whilst you are browsing on our Website:
(a) "Essential" cookies
These cookies are essential for browsing on our Website, especially for the functioning of the order process. Deletion of these cookies may cause problems with browsing on our Website and make it impossible for you to place an order. These cookies are also necessary for tracking the activity of Fresh. They may be installed on your terminal by Fresh or by its service providers.
(b) "Analysis and Customisation" cookies
These cookies are not essential to browsing on our Website, but may help you, for example, to search more effectively and optimise your purchasing experience and help us better target your requirements, improve our offer and optimise the functioning of our Website.
(c) "Advertising" cookies
Cookies may also be used for advertising purposes. These cookies ensure that the adverts you see are the most relevant to you.
42. What is the benefit of seeing special offers and advertising tailored to your browsing preferences? The aim is to show you the most relevant offers and advertising. As such, cookie technology enables us to display content, in real-time, that is best suited to your fields of interest, as deduced from your browsing history on our Website.
43. The interest you show in content displayed on your terminal when you consult a website often determines the advertising resources of this site, enabling it to provide its services, which are often supplied free of charge to users. You doubtless prefer to see offers and advertising that are relevant to you, rather than content that is of no interest to you at all. Similarly, both Fresh and advertisers want their offers and advertising to be shown to Internet users that are likely to be interested in them.
44. Important information if you share your terminal with other users: If your terminal is used by several people or when a single terminal has more than one type of browser software, we cannot be sure that the services and advertising sent to your terminal will match your use of the terminal, rather than that of another user. In this case, sharing use of your terminal with others and deciding your browser cookie settings are your free choice and your responsibility
Cookies issued by third-party companies
46. On our Website, we may include computer applications from third parties that enable you to share our Website content with others, inform others that you have been consulting our Website or notify them of your opinion concerning content on our site. This particularly concerns use of the "Share" and "Like" buttons featured on social networks such as Facebook, Twitter, Instagram, Pinterest, etc.
47. The social network providing these application buttons is likely to identify you via this button, even if you have not used it when browsing our Website. Indeed, this type of application button can enable the social network concerned to track your browsing on our Website, simply because your account on the social network in question is enabled on your terminal (a session is open) whilst you are browsing our Website.
48. We have no control over how social networks collect information regarding your browsing on our Website and associated with the personal data they hold. We encourage you to read the privacy policies of the social networks to learn about the purpose, especially advertising, of any browsing information they may collect via these application buttons. These privacy policies should enable you to exercise your choices with respect to these social networks, in particular by changing your account settings.
J. Linked Sites
49. Our Website may contain links to other websites that are not owned or operated by Fresh. We strongly encourage you to review the privacy policies and practices of other websites, as we cannot control and are not responsible for privacy policies or practices of third-party websites that are not ours.