Last Modified: 12 August 2021
Your privacy is important to Jemella Limited t/a ghd and its affiliates and subsidiaries (“ghd“, “us“, “our“) and we are committed to protecting your personal information. For the purposes of this Privacy Notice (“Notice”), personal information means any information that could be used to directly or indirectly identify a particular individual, as defined under applicable data privacy law. This Notice relates to our use of your personal information when you:
· Interact with us through social media or adverts and content on third party websites (collectively “ghd Content“);
· Use our:
o Websites, microsites, or mobile applications;
o Services delivered by via voice activated devices and/or new technologies, such as virtual reality and augmented reality;
displaying this Notice (collectively, “ghd Sites“);
· Visit our offices, sites, salons or stores (“ghd Locations”);
· Purchase products or services directly from ghd, including from the ghd Sites and ghd Locations; or
· Otherwise engage with us, for example by contacting Customer Services or consumer affairs, attending an education event, tradeshow or other ghd event.
The relevant ghd entity that is responsible for your personal information will be the ghd entity that collected your personal information. We may share your personal information within our group, and other ghd entities may also use your personal information in accordance with this Notice.
If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided in section “How do I contact ghd?” of this Notice.
ghd is a world-leading hair styling device company, and we are part of the Wella Company group, comprised of a close-knit family of iconic brands such as Wella Professionals, Clairol, OPI and Nioxin. With 6,000 employees globally, presence in over 100 countries, and an estimated value of over $4.3 billion, the Wella Company and its brands are on a mission to enable individuals to look, feel, and be their true selves. At ghd we know that beauty is not skin-deep. We are committed to embracing the scale of our responsibility to create positive change, and an exciting chapter for the beauty industry.
The personal information that we may collect about you broadly falls into the following categories:
· Information that you provide directly
When you engage with ghd, either online or in person, we may ask you to provide us with personal information about you. For example, we may ask you to provide us with your contact details to register an account with us, to sign up to receive our newsletters or information about our products or events; and/or to submit enquiries to us. You may also provide us with your personal information in other ways, such as if you contact us in relation to employment opportunities; purchase products; communicate with us through social media, consumer affairs or our customer services teams; join a loyalty scheme or reward program, participate in our promotions, or interact with us at tradeshows or our other events. The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point when we ask you to provide it; however we may collect:
o Identification and demographic information, for example your first name, last name, email address, postal address, employer, job function/title or department, date of birth, phone number, gender, country of residence, lifestyle/interests, appearance, style, login name, password, answers to security questions;
o Transaction information, for example details regarding your transactions with us, including information about the purchases you (or your employer) made and the date and time that you made the purchase;
o Information in connection with the performance of a contract, for example right to work information, information obtained from credit reference agencies or other background checks which are required for us to perform a contract we have with you or your employer;
o Images and photographs, for example if you submit a picture to a competition, the ghd Sites or to social media and tag ghd, or when you engage with ghd via technologies such as AR, face evaluation or other tools;
o Health information, with your explicit consent, for example information related to product usage and medical history (such as heart rate, scalp condition and other features) which may be provided as part of voluntary consumer research, product development and trials;
o Information you provide when you visit us, for example information you give us when you visit our offices by signing in or when you are recorded on CCTV installed at ghd Locations; and/or
o Your opinions or other information, for example if you review the products you have purchased from us, provide information about products and/or hair treatment concerns, and the brands and products you use or if you provide us with your CV when exploring your employment prospects with us.
· Information that we collect automatically
When you visit the ghd Sites, engage with ghd Content or with us digitally, we may collect certain information automatically from your computer, tablet or mobile phone (a “Device“) by using automated technologies such as cookies. In some countries, including countries in the European Economic Area, this information is personal information under applicable data protection laws.
Specifically, the information we collect from you automatically may include your IP address, Device type (i.e. make and model), unique device identification numbers, browser-type, time zone settings, broad geographic location (e.g. country or city-level location) and other technical information. You may change your preferences at any time by adjusting the settings on your Device.
We may also collect information about how your Device has interacted with us, including the pages accessed and links clicked, how you navigate to and from the ghd Sites and ghd Content (such as how you scroll over the ghd Sites and ghd Content, which parts you click and how long you spend on each page), your preferences, the products and/or services that you have viewed or searched for, crashes, download errors and response times and any phone number or social media handle used to call or contact our customer services or consumer affairs teams.
· Information that we obtain from third party sources
From time to time, we may receive information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclosure your personal information to us.
The types of information we collect from third parties includes:
· Our retailers, distributors and third party brand partners, for example where permitted by applicable data protection law and if applicable where you have specifically consented, our retailers, distributors and third party brand partners may pass information to us including your first name, last name, email address, postal address, phone number, gender, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information about your appearance (including hair colour, hair characteristics; and hair-care routine) and information in relation to products purchased at their stores (whether on the high-street or online through their own website or a dedicated microsite) and services requested using their websites and/or applications.
· Our technology partners and market research organizations, for example, where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browsing patterns, geo-location and device identifiers.
We will use your personal information for the purposes set out in this Notice, which will include:
· To provide you with the products and services that you (or your employer) have requested, to administer our relationship with you (or your employer) and to carry out our obligations arising from the relationship, including internal accounting and administration purposes, to process payment for purchases or other services and to create and manage the account.
· To verify your identity, for example we may use your date of birth to determine that you are old enough to use our services, or your email address to determine if you already have an account with the relevant ghd Site, or your job title and employer to confirm you are authorised to purchase any products or services on their behalf.
· To provide a personalized service, for example we use your information to provide you with personalized recommendations for our products that we think you might like, tailor ghd Content to better suit your interests or, at your request and where available, to offer personalized and customized products . We will also use your personal information across the ghd Sites to provide a seamless user experience.
· For analytics purposes, for example we may analyse your information including your location, products and/or services requested, age, time zone, IP address and URL visited, against our wider customer base for internal business purposes, such as generating statistics and developing marketing plans, to improve our services and products, the ghd Sites and ghd Content. We may also aggregate and de-identify your information to create customer segments and share with our licensees and partners.
· To provide you with marketing communications that you might be interested in, for example, if you choose to receive marketing communications from us, we may use your information to keep you up to date with our latest products, services, surveys, announcements, upcoming events, sweepstakes, contests and other promotions and competitions via our newsletters, emails, or other communications. If you no longer wish to receive these marketing communications, details of how to opt out are described in the section “How do I stop receiving marketing communications?”
· To provide the best service to our customers and consumers, for example, we may use your personal information to process and respond to your questions and/or inquiries.
· For site optimization and management, for example we may use your personal information provided to us to:
o administer the ghd Sites, ghd Content and our other digital offerings, including the services and products offered through those ghd Sites;
o ensure the security of our networks and of your information;
o customize your future visits to the ghd Sites and our other digital offerings based on your interests to ensure the most user-friendly online navigation experience;
o improve the ghd Sites and our other digital offerings (including to fix operational problems such as pages crashing and software bugs); and
o provide services to our partners such as tools, analyses, data and insights to see how their website or mobile applications are used.
- For product development and business development purposes, for example we will use information we collect from you to improve and develop new products and services.
- For fraud prevention and detection purposes and to protect and defend the rights and property of ghd, our employees and our business partners.
- For employment application purposes, for example, if you contact us in relation to your employment prospects we will use your personal information to consider you for current and future employment opportunities and to contact you with respect to employment opportunities at ghd that you have expressed interest in.
We are required to satisfy one or more of the reasons set out by applicable data privacy law before we can collect and use your personal information.
Generally, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally rely on the following reasons to collect and use your personal information:
What are the legal grounds?
What are they?
Performance of a contract
Using your information may be necessary for us to perform our obligations under a contract with you or with a view to entering into such a contract. For example, where you have: (i) requested services and/or products from us, we will need to use your information to provide those services and/or products that you have requested; or (ii) approached us in relation to employment opportunities, the collection and use of your personal information is necessary to enable us to offer you the job role, process your acceptance of the offer, on-board you as an employee and fulfil our obligations as an employer.
Compliance with our legal obligations
The collection and use of your personal information may be necessary to enable us to meet our legal obligations. For example, if you are a business customer we need to process your information to verify your identity and undertake necessary due diligence checks.
Pursuing our legitimate interests
Where such processing is not overridden by your rights, we are permitted to use your personal information to pursue our legitimate interests, for example to operate the ghd Sites and our other digital offerings, to improve our products and services, the ghd Sites, ghd Content and our other digital offerings or to undertake marketing. We may have other legitimate interests and if appropriate we will make this clear to you at the relevant time.
In some limited circumstances, we may rely on your consent to collect and use your personal information. For example, we may rely on consent: (i) where you have approached us in relation to employment opportunities and have provided us with sensitive personal information, such as information in relation to your racial and ethnic origin, sexual orientation, religion, physical and mental health, disabilities or trade union membership; or (ii) in relation to the sending of e-marketing or communication from different brands within the Wella Company group.
If we rely on consent, this will be made clear to you at the time we request your information. You can withdraw your consent at any point by using the mechanism provided at the time, or by contacting us using the contact details provided in the section “How do I contact ghd?” of this Notice.
In some instances, we may need to use your personal information to protect your vital interests or those of another person.
You may not always be required to provide the personal information that we have requested. However, if you choose not to provide certain information, you may not be able to take advantage of some of our services. Any information that is so required is clearly marked as mandatory. If you would prefer that we not collect certain personal information from you, please do not provide us with any such information, or opt out of providing this information where applicable.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), these interests will normally be as set out in this Notice; however, if this changes we will make clear to you at the relevant time what those legitimate interests are.
If you have any questions or need further information concerning the legal basis on which we collect and use your personal information, please contact our Data Protection Team. Details for how to contact our Data Protection Team can be found in the section “How do I contact ghd?”
Please see section “What if I access or use a social network or public forum through a ghd Site?” for further information.
During the past 12 months, we may have disclosed the categories of personal information listed in the section marked “What information does ghd collect about me?” to the following categories of recipients listed below:
· Within the Wella Company group: We may make your personal information available to other entities within the Wella Company group, including those entities listed ON THE WELLA WEBSITE, to allow us to provide our services to you, for the purposes described in this Notice, or as notified to you when we collect your personal information.
· With third parties for marketing purposes: Certain promotions and events run by third parties and sponsored by ghd may offer you the opportunity to consent to receive marketing communications from ghd’s business partners such as ghd’s licensors or promotion co-sponsors. If you have given your consent, your personal information may be used by such third party for the purposes stated at the point you enter the event and/or sign-up to receive the promotional updates.
· With our service providers: ghd engages third party service providers to perform functions on ghd’s behalf (for example, to support the delivery of our products, or the ghd Sites). This includes but is not limited to sharing information with the following types of service providers:
- advertising providers – including companies that provide: (i) advertising space for ghd; (ii) the provision of advertising related services, including agencies instructed to make advertising purchases on behalf of ghd, providers of ad-exchanges (a digital marketplace to buy and sell advertising space) and providers of a demand-side platform (software used to purchase advertising in an automated fashion), such as DoubleClick from Google;
- providers of marketing and customer relationship management databases and data management platforms – that enable ghd to manage your information in a safe and efficient manner;
- data analysis firms – that provide insights and help us to analyse trends using the data that we and they hold;
- customer support specialists – that provide customer support services on our behalf for ghd’s products and services;
- fulfillment companies – this includes companies that coordinate email campaigns, sweepstakes, contests or promotions on our behalf;
- application development and web-hosting companies – to enable the ghd Sites to be hosted on the internet;
- information technology and related infrastructure providers;
- email delivery providers;
- credit reference agencies – for the purpose of assessing your or your employer’s credit score whether this is in the context of us entering into a contract with you or the person that you work for;
- payment processing providers – who provide secure processing services; and
- audit and professional service providers.
· As part of a business transfer: ghd may disclose your personal information to an actual or potential buyer (and its agents and advisers) in relation to any actual or proposed divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding. If in connection with any business transfer ghd sells all or substantially all of its assets to a third party, any personal information held by us will be one of the transferred assets.
· To comply with laws: ghd may disclose your personal information to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
· To any other person with your consent to the disclosure.
Depending on where you live and subject to applicable data protection law, you may also have the following rights:
· The right to request access to personal information that we collect, use, disclose and sell, which enables you to receive confirmation as to whether or not we are processing your personal information and access to such personal information. Please note, if you are a Californian resident, under California law, you have the right to request that we disclose certain information about our collection, use and sale of your personal information over the past 12 months, including the specific pieces of information we collected. You have the right to make a request for free two times in any 12-month period.
· The right to change and/or correct inaccurate personal information;
· The right to request that we delete your personal information in certain circumstances;
· The right to block or suppress the processing your personal information;
· If you are a Californian resident, the right to opt out of the sale of your personal information;
· The right to object to our processing of your personal information (including any processing for direct marketing purposes). More information on how to stop receiving direct marketing can be found in the section marked, “How do I stop receiving marketing communications?”;
· The right to request portability of your personal information;
· The right to withdraw your consent, if applicable. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent; and
Under the California Civil Code Section 1798.83, if you are a resident of California, you may request and obtain from us once a year, free of charge, information regarding our disclosure (if any) of your personal information to third parties for marketing purposes in the preceding calendar year.
If you exercise any of your data protection rights detailed in this section, we will not discriminate against you and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services
We have a strict policy where we do not rent or sell your personal information. We can confirm that we have not sold any California residents’ personal information to third parties in the preceding 12 months.
You can exercise these rights by contacting us using any of the methods provided in the section “How do I contact ghd?” of this Notice. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. In order to verify your identity and so that we can locate your personal information in our systems, we may require you to provide us with a copy of either your passport or driver’s licence when you make a request. In some circumstances, we may require additional documentation to verify your identity such as a utility bill to confirm proof of address and/or a customer reference number relating to your purchase and/or product you used.
You can exercise these rights yourself or designate an agent (such as a solicitor) to make a request on your behalf by executing a notarized power of attorney to enable that person to act on your behalf.
If you have any questions or concerns about how we use your personal information, please do not hesitate to let us know. You also have the right to lodge any complaints with a relevant supervisory authority.
We will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. If at any time you decide that you no longer wish to receive marketing communications from us, you may opt out by clicking on the relevant ‘unsubscribe’ link in the email you receive, by contacting us using the contact details in the section “How do I contact ghd?” of this Notice. Please note, whilst we will honour your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through the ghd Sites and keep your information for record-keeping purposes.
We will retain your information where we have an ongoing legitimate business need to do so (for example, to provide you with access to the ghd Sites or other digital offerings, to provide you with a product you have purchased, or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
As an international entity, in order to provide our services we may need to transfer and process your personal information internationally (including to destinations outside the European Economic Area (the “EEA“) and the UK), notably throughout the Wella Company group and to the jurisdictions in which those entities are based LISTED ON THE WELLA WEBSITE. This means that when we process your personal information we may process it in any of these countries.
As a result, your information may be transferred to and/or processed in countries which may not guarantee the same level of protection for personal information as the country in which you reside. However, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Notice. This includes implementing the European Commission’s Standard Contractual Clauses for transfers of your personal information between our group companies, which require all group companies to protect personal information that they process from the EEA in accordance with European Union data protection law.
Further information can be provided on request: please contact us using the details found in the section “How do I contact ghd?” We have also implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.
We understand that you care how your personal information is used and/or shared with others, and we value your trust and seek to safeguard your personal information.
We implement appropriate technical and organizational security measures, including physical, administrative and technical safeguards to protect your personal information from unauthorized access, use and disclosure. To ensure the security of your personal information, we communicate our privacy and security guidelines to all ghd employees and enforce privacy safeguards within our company.
The measures we use to protect your personal information are designed to provide a level of security appropriate to the risk of processing your personal information. However, please be aware that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures that we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
As described above, the ghd Sites may contain links to and from other third-party websites and services (collectively, “Third Party Sites“) that are not controlled and operated by us.
The ghd Sites may facilitate easy access to certain social networking Third Party Sites and other websites or services with user-generated content features, such as Facebook, Instagram and Twitter (“Social Sites“). You understand that we do not control such services and are not liable for the manner in which they operate. Please review the Social Sites’ privacy policies if you would like more information about how they collect, use and share your data, your privacy rights and how to change your privacy settings.
The ghd Sites may enable you to:
· Submit content to Social Sites: for reviews, discussion forums, message boards, photographs and other public features (“Public Forums“). We do not restrict the distribution of personal information that you voluntarily disclose in these Public Forums, so please be aware that any information you disclose there may be collected and used by ghd and others. For this reason, we encourage you to refrain from providing or sharing personal information about yourself in the Public Forums. ghd cannot prevent third parties from using such information in a way that may violate this Notice or applicable law;
· Accept certain cookies from the ghd Sites (for example “Facebook Pixels”). These types of cookies help us understand your activity including the ghd Content you see, whether or not you have a Social Site account and if you are logged into that account. This information helps us to show you ghd Content you might be interested in on the Social Sites and measure the effectiveness of the ghd Content.
We may also use any personal information you provide us with on our Sites, apps and/or devices (e.g. your name, email address, gender and phone number) to identify you on Social Sites in order to show you ads that are more relevant for you. While doing this, the Social Sites will not share your personal information with other parties and will delete the information promptly after the matching process is complete.
ghd and its preferred third party service providers or business partners may offer sweepstakes, contests, promotions and surveys (each, a “Promotion“) through a ghd Site.
To learn more about the terms and conditions that apply to Promotions being run by ghd, please refer to the relevant Promotion Terms and Conditions.
You must be aged 13 or over to use the ghd Sites and our other digital offerings.
We take your privacy very seriously and we understand the importance of taking extra precautions to protect the privacy and safety of children who use ghd’s products and services. We do not solicit or knowingly collect personal information from children aged 13 and under. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.
Specific provisions apply to Salon Owners that use our ghd Sites and our other digital offerings – these are described below.
Each time you submit information relating to a ‘new client’, ‘member of staff’ or other personal information, please make sure that the relevant individual: (i) is over the age of 13; (ii) is aware that you will be sharing their details with us and our processing in accordance with this Notice; and (iii) has, if applicable, consented to receiving marketing communications from us and our affiliates.
You may only share these details with us when using a ghd Site and/or our other digital offerings where you have made those individuals aware of our Notice and how we will use their personal information. If we become aware that you have submitted personal information to a ghd Site and;/or any of our other digital offerings without permission, we will delete the information from our records.
We have ghd offices, warehouses, factories, salons and stores (“ghd Locations”) in many countries. If you visit a ghd Location we will collect your personal information for the following purposes:
· Visitor Information: For health and safety and security reasons, we maintain a register of visitors to ghd Locations, including your first and last name, your contact details including mobile number, your employer and your vehicle licence plate number. We ask all our visitors to sign in and out at reception and may ask our visitors to show a form of identification which is used for verification purposes only and will not be recorded.
· CCTV System: Closed Circuit Television (CCTV) is installed at the entrances, exits and at other strategic locations at the ghd Locations. This is part of ghd’s commitment to ensuring a safe and secure environment for our employees and visitors. We may also use the footage to prevent and investigate crime. The images may be recorded and viewed by authorised individuals. The CCTV recorded data is stored for no longer than 90 days. We may retain it for longer if we have a legitimate reason to do so, for example where a crime is being investigated by police or law enforcement agencies. CCTV outside some of the ghd Locations and in some public areas, for example reception areas, may not be operated by us and will be under the control of the relevant building landlord. Please consult their privacy notices for more information.
· Guest Wi-Fi: We have guest Wi-Fi available at many of the ghd Locations for the use of visitors. Where guest Wi-Fi is available we will provide you with a username and a password to log-in. We record the device address and will automatically allocate you an IP address whilst on site. We also log your traffic information including the sites you visited, duration and date sent/received. When you join our guest Wi-Fi we ask you to agree to ghd’s terms to use it responsibly and not to visit inappropriate websites. The purpose for processing this information is to provide you with access to the Internet whilst visiting the ghd Locations. We process this personal information when necessary for the purpose of our legitimate interest.
· Access Control System: As a visitor or contractor, we may issue you with an ID card to access the ghd Location. If we do issue you with an ID card then we will collect your first and last name, your address, your contact details and a photograph. We collect this personal information for the purposes of recording and controlling access in and out of our office and for security purposes.
· Accidents and Incidents: ghd will collect personal information from anyone injured or suffering from ill health whilst visiting a ghd Location. We may collect name, address, age, next of kin and details of the incident including any relevant medical history. We collect this data as we have a legal duty to document workplace incidents/accidents and to report certain types of accidents, injuries and dangerous occurrences arising out of work activities to the relevant enforcing authority. We will use the personal information collected to investigate and improve our health and safety procedures, and to support any legal claims arising from the incident.
We may update or modify this Notice from time to time in response to changing legal, technical or business developments. We will obtain your consent to any material Notice changes if and where this is required by applicable data protection laws. The date of the most recent version of this Notice will appear at the top of the page.
When we update our Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. For example, we will notify you of any changes to this Notice by posting a new Notice and updating the “last modified” date at the top of this page or by sending the new Notice to you via email, where appropriate.
If you have any questions regarding our privacy practices, how we handle your personal information and/or would like to submit a privacy request, please contact our Data Protection Team:
o Australia +61 1300443424
o Belgium & Netherlands +33 487646011
o Denmark +45 33119111
o Finland +358 105269920
o France & Luxembourg +33 478354610
o Germany & Austria +49 711620311960
o Hong Kong +852 22745422
o Italy +39 5549811
o New Zealand +64 800880209
o Norway +47 23053030
o Portugal +351 214368452
o South Africa +27 860109366
o Spain +34 902523536
o Sweden +46 86990065
o UK & Ireland +44 1924423400
o USA +1 877 4432643
· Online, by submitting your question via the CONTACT US form.
Thank you for taking the time to read this Notice.