THE AVON COMPANY CANADA LIMITED PRIVACY STATEMENT
Last updated: January 4, 2021
The Avon Company Canada Limited (“Avon”, “us,” or “we”) has created this Privacy Statement to inform you about how we collect, use and disclose personally identifiable information about you (“Personal Information”).
This Privacy Statement applies to (i) information collected through the Avon, Fruits & Passion and Nature Collection websites and any mobile sites, applications, widgets, and other interactive features that link to this Privacy Statement (the “Sites”); and (ii) any information collected in-store at Fruits & Passion, Nature Collection and The Face Shop stores in Canada. Except as specifically provided below, this Privacy Statement does not apply to information collected by Avon by or through any other means.
Avon grants Independent Sales Representatives selling rights to certain products sold by Avon and/or its affiliates (hereinafter referred to as “Independent Sales Representatives”). Independent Sales Representatives are not employed by Avon. Therefore, Avon does not control, and is not responsible or liable for the collection, 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 Sites, 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 Privacy Statement.
If you are the customer of an Independent Sales Representative, you should check with your Representative directly to learn about her/his 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.
Your consent for us to collect, use and disclose your Personal Information may be expressed in writing, or may be implied by the fact that you have provided your Personal Information to us either verbally,
electronically or in writing. By using these Sites, you understand and agree to Avon, Fruits & Passion, and Nature Collection’s Terms and Conditions of Use and to our collection, use, storage, disclosure and retention of your information in accordance with this Privacy Statement or as otherwise permitted by law. If you do not agree and consent, please discontinue use of the Sites. Except in limited circumstances, you may withdraw your consent to our use of your Personal Information at any time.
COLLECTION OF INFORMATION
Information You Provide
We collect Information 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 Sites.
The information we collect may contain Personal Information. “Personal Information” is information that can identify you such as name, postal address (including billing and shipping addresses), home telephone and mobile number, e-mail address, credit card number, user name, date of birth, gender, demographic information and any other information you provide us.
Avon may collect additional Personal Information from you if you contact us with a request. The information collected may include additional information necessary to assist you with your request.
Information Collected Automatically
We may automatically collect certain information about you when you access or use the Sites (“Usage Information”), which may be stored in log files. Usage Information includes, without limitation:
- Browser information, including browser type and version;
- Device identifiers;
- Device type (e.g., Windows or Macintosh);
- Screen resolution;
- Referring/exit pages;
- Date/time stamps;
- Operating system version;
- Data regarding network connected hardware; and
- Your IP address (see section below IP ADDRESSES).
Cookies, pixel tags and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect Usage Information. Some Tracking Technologies are discussed below:
Local Storage Objects: We and our third-party service providers may use Flash Local Storage Objects (“Flash LSOs”) in certain situations including to recognize 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 device now, go to the Website Storage Settings Panel and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
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 device’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 Sites to, among other things, track the activities of our Sites’ visitors and compile statistics about our Sites’ usage and response rates. We and our third-party service providers also may use clear GIFs in HTML-formatted e-mail messages to help us track e-mail response rates, measure the success of our marketing campaigns, and identify when our e-mails are viewed or forwarded.
Widgets, Applications and similar technologies. If you choose to utilize a widget or similar technology on the Sites, such technology may collect information about you. 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 the applicable technology is also 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.
Location-identifying technologies. GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location. You may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.
In-app tracking methods. There are a variety of tracking technologies that may be included in mobile apps, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps. With respect to our mobile apps, you can stop all collection of information via an app by uninstalling the app.
Some information about your use of the Sites and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Sites and certain Third Party Services.
For further information on Tracking Technologies and your choices regarding them, please see the sections entitled “THIRD PARTY SERVICES” and “CHOICE” below.
Information from Other Sources
We may obtain information about you from other sources, including third-party service providers, Independent Sales Representatives, and Third Party Services, and combine such information with information we have collected about you. To the extent we combine such third party sourced information with Personal Information we have collected about you on the Sites, we will treat the combined information as Personal Information under this Privacy Statement. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.
USE OF INFORMATION
How we may use Information about you, including your Personal Information, including:
- To communicate with you;
- To manage our Sites, complete and fulfill your purchase, 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;
- For the purposes for which you specifically provided it including, without limitation, to enable us to contact you, to respond to your inquiries and process and fulfill your requests;
- To confirm your identity;
- To send you information about your relationship or transactions with us;
- To tell you about products, services, programs, and offers that we believe may be of interest to you via e-mail, SMS, telephone or postal mail;
- To personalize your experience with us including by presenting products or offers tailored to you;
- To allow you to use, communicate and interact with others on our Sites;
- To help you find an Independent Sales Representative including suggesting a new Avon Independent Sales Representative if your 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 Sites, improving our services, identifying usage trends, and 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);
- To prevent and address fraud, breach of policies or terms, and threats or harm; and
- To comply with applicable laws and regulatory requirements.
SHARING OF INFORMATION
We may disclose Information about you, including Personal Information:
- For purposes disclosed at the time you provide the information;
- To companies that are affiliated with us, that is, are part of the Avon family of companies, but not for their direct marketing purposes;
- To employees of the Avon family of companies who have a need to access your Personal Information in carrying out their employment responsibilities;
- To third-party service providers who provide services to Avon, such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing, collections, auditing, 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 Independent Sales Representatives, to the extent necessary for them to contact you, fulfill your orders or provide a service to you;
- To a third party in the event of any reorganization, 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.
From time to time, we may give you the opportunity to opt in to participate in special third party offers that require us to share certain Personal Information with such third parties. We will disclose this anticipated sharing of Personal Information at the time we make such opportunities available to you. If you opt in to participate in such an offer, we may disclose your Personal Information to such third parties for their direct marketing purposes. We recommend that you consult such third parties’ privacy policies in advance if you wish to participate in these offers.
Collection of Non-Personal Information. “Non-Personal Information” is any information that does not reveal your specific identity, 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; and
- Aggregated information.
We and our third-party service providers may collect Non-Personal Information in a variety of ways. For example, we
- Collect information such as your computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version.
- Collect 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.
How We Collect IP Addresses
Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).
An IP Address may be identified and logged automatically in our server log files whenever a user visits the Sites, 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 websites.
How We Use and Disclose IP Addresses
We may use IP Addresses for purposes such as calculating our Sites’ usage levels, helping diagnose server problems, detecting fraud, and administering the Sites. 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.
Certain features on our Sites may 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 or credit card information) through these features. If you use these features, your Personal Information may remain on the Sites even after you cease use of the Sites.
If you post information on one of our social media platforms and/or websites, the information that you post may be seen and/or shared by other visitors; Avon does not assume any responsibility or liability whatsoever for any content that is posted, and/or shared on any of Avon’s social media platforms and/or websites by any of its users.
Our Sites contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). In addition, our Sites contains features that allow you to interact with, connect to, or access our Sites through certain Third Party Services and third party devices (“Third Party Features”). For example, you use a Third Party Feature when you sign-in using your Facebook credentials or “like” or “share” content over social media through our Sites. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature. If you publicly reference our Sites on a Third Party Service (e.g., by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Sites.
Avon may work with third-party service providers who use Tracking Technologies to conduct website analytics to help us track and understand how visitors use our Sites. In addition, we may also work with third-party advertising companies who use Tracking Technologies on our Sites and Third Party Services to track your activities across time and services, and tailor ads to you based on your activities, which may include sending you an ad on a Third Party Service or third party device after you have left the Sites (“Interest-based Advertising”). In the course of serving advertisements to you, these companies may place or recognize a unique cookie on your browser.
The information collected and stored by third parties, whether through our Sites, a Third Party Service, a Third Party Feature, or a third party device, remains subject to their own policies and practices, including what information they share with us, your choices on their services and devices, and whether they store information in the U.S., Canada or elsewhere. We are not responsible for the privacy practices of any third parties, including the privacy practices of third party Internet advertising companies. The inclusion of a link on the Sites does not imply endorsement of the linked site by us. To the extent we combine information we receive from third parties with Personal Information we collect directly from you on the Sites, we will treat the combined information as Personal Information under this Privacy Statement.
Avon’s Independent Sales Representatives are solely responsible for their own websites and for any information collected on those websites. If an Independent Sales Representative uses an Avon website to collect information from you, Avon may have access to that information and shall treat it in accordance with this Privacy Statement.
We use reasonable organizational, technical, physical 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 Contact Us section below.
It is important to keep your information up to date. Please notify us of any changes to your name, address, telephone number or e-mail address. You may make these modifications yourself by logging into your account yourself.
To opt out of receiving certain marketing and/or promotional communications (e-mails, push notifications, text messages, and calls) from AVON at any time, you may (1) for e-mails, follow the “unsubscribe” instructions contained in any such e-mails you have received, or if you have registered with an AVON Site, use that Site’s preferences option in “My Account” or by contacting email@example.com or similar functionality to opt out from receiving such e-mails; (2) for push notifications or in-app messages, adjust the permissions in your mobile device; (3) for text messages, text “STOP” in response to any text message you receive from AVON or contact us at firstname.lastname@example.org and specify you want to opt-out of text messages; and (4) for calls, request opt-out during any call you receive from AVON or contact us at email@example.com and specify you want to opt-out of calls. Please note that your opt-out is limited to the e-mail address, device, or phone number used.
You may also request such “opt-out” changes or other changes to your preferences by contacting us at the address or telephone number provided below. Requests submitted via e-mail or telephone take longer to process; please take note that a written or phone request to stop receiving communications may take time to process. During that time you may continue to receive communications from AVON and we apologize for any inconvenience this may cause you.
If you would like to review, correct, or delete Personal Information that has been previously provided to us, you may contact us as set out in the Contact Us section below. In your request, please make clear what information you would like to have changed. We will endeavor to respond as soon as reasonably practicable, and in any event no later than 30 days from the time we receive your request. We may, however, seek an extension of an additional 30-day period if:
- Meeting the initial 30-day time limit would unreasonably interfere with our business operations and procedures;
- The time required to undertake any consultations necessary to respond to the request would make the initial 30-day deadline impracticable to meet;
- You do not give us sufficient detail to enable us to identify the record containing your Personal Information; or
- A large amount of Personal Information is requested or must be searched.
We also may extend the initial 30-days for a period of time necessary for us to be able to convert Personal Information into an alternative format. In all cases, should we need to extend the time limit beyond the initial 30 days, we will provide you with a notice of extension, advising you of the new deadline, the reasons for the extension, and your right to complain about the extension to the appropriate Privacy Commissioner.
We will retain your Personal Information for the period reasonably necessary to fulfill the purposes outlined in this Privacy Statement and for as long as required by applicable law.
USE OF SITES BY CHILDREN
The Sites is not directed to individuals under the age of fourteen (14), and we request that these individuals not provide Personal Information through the Sites.]
Your Personal Information may be stored and processed in any country where we or our affiliates have operations, and by interacting with us and providing us with any Personal Information, you consent to the transfer to and processing, storage and use of information in countries outside of Canada, including the United States and Korea which may provide for different data protection rules than in your country.
UPDATES TO THIS PRIVACY STATEMENT
From time to time we may change this Privacy Statement. Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Statement was last revised. Any changes to this Privacy Statement will become effective when we post the revised Privacy Statement on the Sites. Your interaction with us following these changes means that you accept the revised Privacy Statement.
DELETING YOUR ACCOUNT
If you want to cancel your account, you may do so by contacting us as set out in the Contact Us section below provided. We will make every effort to promptly respond to your request. We will retain your information for as long as operationally required and/or as required by law.
If you have any questions about this Privacy Statement, please contact us by telephone at 1-800-265- 2866 or by e-mail at firstname.lastname@example.org, or by regular mail at 5500 Trans-Canada Highway, Pointe-Claire, Quebec H9R 1B6, attention: Chief Privacy Officer. Because e-mail communications are not always secure, please do not include sensitive information in your e-mails 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 collect and use your Personal Information including credit-related information to determine your eligibility.
In order to be appointed an Independent Sales Representative, you will be required to enter into a separate Independent Sales Representative agreement with Avon (“Representative Agreement”). If you have entered into a Representative Agreement, we may collect, use and disclose your Personal Information in accordance with this Privacy Statement and the terms of your “Representative Agreement.” We also may collect, use and disclose your Personal Information as necessary to fulfill our obligations under the Representative Agreement including your social insurance number (SIN) for tax reporting and your credit card or bank information for payment of your account by credit card or direct debit. Your payment information may be collected by telephone or other voice telecommunications service offered by Avon. In the event of a conflict between this Privacy Statement and the Representative Agreement, the terms of the Representative Agreement shall apply.
Once you are an Independent Sales Representative (including a sales leader), we may disclose your Personal Information:
- To Territory Sales Managers, Business Development Managers and Regional Sales Managers or their equivalent, 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 Avon 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 Sites (as described above) with your unique Representative account number. We may use the combined information for purposes such as to analyze Independent Sales Representatives’ use of our Sites, in order to evaluate and make improvements to our business model, and for other internal analytics purposes.
This Privacy Statement © 2021 The Avon Company Canada Limited All rights reserved.