Space NK USA Privacy Policy – SPACE.NK.apothecary

Last Updated: 31 January 2023

Welcome to this website (“Site”), which is owned or operated by Space NK USA LLC whose registered office is at 126 5th Ave #801. New York, 10001, NY 10011, USA (“Space NK). Space NK is also referred to in this Privacy Policy as “we”, “us” or “our”.

Space NK values its customers and respects their privacy. Your visit to the Site and your use of any of the services or features we provide is subject to our Terms and Conditions.

This Privacy Policy (together with our Terms and Conditions, Cookies Policy and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. We are the data controller in respect of your personal data. Please read this Privacy Policy carefully to understand our views and practices regarding your personal data and how we will treat it.

By accepting our Terms and Conditions (and in some jurisdictions, by acknowledging this policy or visiting our Site), you confirm that you have read and understand this policy. If you do not agree with the terms of this Privacy Policy, then you should immediately discontinue use of the Site and our services without providing us with any personal information.

Our website is not intended for, and should not be used by, children under the age of 16. We do not knowingly or intentionally collect any information from children under the age of 16.

This Privacy Policy does not cover information that you submit on any other websites. For example, if you post something on third party sites such as Facebook, Twitter, Instagram or YouTube ("Third Party Sites"), that information is governed by the privacy policies on those websites, and is not governed by this Privacy Policy. Similarly, if you post something on another website operated by any member or brand within our group ("Associated Sites"), that information is governed by the privacy policies on those Associated Sites and is not governed by this Privacy Policy. You should always check the Terms and Conditions and Privacy Policies posted on Third Party Sites and Associated Sites.

How/when we collect personal information from you

Information you give us: You may give us personal information about you when you:

visit our website;
fill in forms on our Site or instore or when you otherwise correspond with us by phone, e-mail or otherwise;
register to use our Site (which you must do if you would like to use some of the services and features we offer on our Site), subscribe to our marketing communications and services including the Ndulge loyalty programme, or place an order on our Site;
submit enquiries, feedback, suggestions, ideas or other information;
participate in our customer satisfaction surveys or other market research;
fill in any of our product suitability questionnaires (such as skincare or make-up suitability) and/or

communicate with us via social networking websites, third party apps or similar technologies.

Information we receive from other sources: we may receive information about you if you use any of the other websites we (or any member or brand within our group) operate or other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this Site. We are also working closely with third parties (including, for example sub-contractors in technical, payment and delivery services, advertising networks, marketing services, analytics providers, search information providers, credit reference agencies, etc.) and may receive information about you from them.

Personal information we collect about you:

We may collect and process the following personal information about you, that you submit to us, such as:

contact details (such as your name, address, email address and telephone number);
demographic information (such as age and/or other information that may identify you as an individual);
password and other authentication information;
responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
social media handles;
financial and credit card information;
your marketing preferences; and
CCTV footage in our stores; and/or
additional information you choose to provide us including your date of birth, hair colour, eye colour, make up tone, skin tone, skin type and beauty preferences.

We may also collect personal information from you automatically. For example, if you contact us with a complaint or query, we may keep a record of any phone number used to call our customer service number as well as the correspondence and the period of time it took for us to deal with a query or any request you had. We may also record your levels of satisfaction with the services we have provided. We will also collect and store your purchase history.

We may also automatically collect personal information from you using cookies and other similar technologies. A cookie is a small file of letters and numbers that we may set on your device. Cookies can be used to follow your activity on a website and across websites, and that information helps websites to understand your preferences and improve your website experience. You can find more information about the individual cookies we use and the purposes for which we use them in our Cookie Policy. This type of information may include the following:

technical information, including the Internet protocol (IP) address used to connect your computer to the Internet;
your login information
browser type and version, time zone setting, browser plug-in types and versions;
operating system and platform; and
information about your visit including the full Uniform Resource Locators (URL) clickstream to, through and from our Site (including date and time); products you viewed or searched for; page response times; download errors; length of visits to certain pages; page interaction information such as scrolling, clicks, and mouse-overs; methods used to browse away from the page.

Do-Not-Track Signals: At this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “do-not-track” instructions.

Use made of your personal information

We may use personal information held about you in the following ways:

to fulfil your order (including acknowledging your order and communicating with you if there is any issue regarding the fulfilment of your order);
to make sure your order is delivered correctly;
to provide you with a birthday gift as part of the Ndulge loyalty programme;
to operate and administer the Ndulge loyalty programme (including the provision of rewards), which may include the sharing of information with carefully selected third partners;
to allow you to book an appointment with us or to attend an event;
to allow you to complete any surveys we send you (if you wish to) or to comment on or review our products or services, to help us improve them;
to provide you with a more personalised beauty experience (which may include using the information you provide on our suitability questionnaires to automatically recommends suitable products to you);
to maintain your account;
for accounting, billing, reporting and audit purposes;
for credit checking or screening;
for authentication and identity checks and to distinguish you from other users;
for credit, debit or other payment card verification and screening;
for debt collection;
safety, security, training, legal and administrative purposes and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
for customer care support and services such as identifying your shopping preferences and requirements;
to monitor your use of our website to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
to improve your shopping experience with us and tailor any marketing or advertising so that it is more relevant to you, for example to keep you up-to-date on our latest products, promotional offers and events;
to notify you of any changes to our services including our Ndulge loyalty programme; and/or
to conduct marketing analysis to allow us to assess trends and the effectiveness of our advertising and marketing campaigns (including using your personal information to evaluate, analyse or predict certain personal aspects relating to you, such as your preferences, economic situation, interests, and/or location) for example, to build a picture of your interests so that we may tailor our communications to you to ensure they are relevant and of interest to you and so that when you visit our site we can tailor your experience so that it is easier to shop with us.

We may also match/combine the information we collect from you and the information you provide to us with information we receive from other sources (such as social media platforms). We may use the combined information for the purposes set out above (depending on the types of information we receive). This may include your contact details, demographic data, your social media interactions, preferences, shopping habits, interests, geographic location and age or age range. We may use this personal information to tailor and show advertisements more relevant to you either on our website or on third party websites (including social media platforms).

Legal basis for processing

We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:

Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.

Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively, provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. For example, we will rely on this legal basis when we conduct certain market analysis to understand our customers in sufficient detail so we can create new services and improve the profile of our brand.

Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have purchased a product from us and we need to use your contact details and payment information in order to process your order and send the product to you.

Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.

Opt-Out of direct marketing

You can tell us not to send you marketing communications: (i) by email by clicking on the unsubscribe link within the marketing emails you receive from us; or (ii) by SMS by following the “STOP” instructions provided with the message or (iii) by postal mail by following the instructions that may be included in a particular promotion. If you have registered with us, you may also opt out of receiving postal mail from us by logging into your account and amending your preferences.

Disclosure of your information

We may share your personal information with any member or brand within our group, which means our parent undertaking, Manzanita US Investments LP (a US Limited Partnership) and all of its subsidiary undertakings. Please visit www.manzanitacapital.com for more information about our group and brands.

They may use the information in accordance with their privacy policies for purposes such as: financial reporting and analysis; strategic planning; the development of customer segmentation and metrics to provide a consistent view of our customer base; the creation of inspiring content and editorial features, and the development of new products and collaborations to enhance your experience as a customer of Space NK or other brands within the group.

We retain the services of other companies and individuals to perform functions on our behalf in connection with the operation and continuous improvement of this Site and our services. We may share your information with selected third parties including:

Service providers, suppliers, and sub-contractors (and our group companies) for the performance of any contract we enter into with them or you (e.g. in order to process your order and maintain your account, including the authorisation and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc.). These companies or individuals may be provided with access to your personal details in order to fulfil their function but may not use such information for any other purpose.

Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. Online retargeting is a form of online advertising that allows us and some of our advertising partners to show you advertising based on your browsing patterns and interactions with our websites. For example, when you have visited our website then moved to another site, you may start seeing our adverts displaying special offers or reminding you of the products you were browsing on our website. The technology behind these adverts is based on cookies. More information about how we use cookies and how you can, if you wish, turn off cookies is included in our Cookie Policy. This processing constitutes profiling under the UK/EU GDPR. We process your personal data in this way as it is in our legitimate interest to offer you a personalised experience on our sites and to provide you with personalised advertising and marketing.

Analytics and search engine providers that assist us in the improvement and optimisation of our Site.

We do not provide your personal details to other companies or individuals for their marketing purposes unless you have indicated when you registered that you wish to receive information about other companies products, offers and services.

We may also disclose your personal information to third parties in connection with a change to the control or financial status of Space NK (or its ultimate holding company and its subsidiaries), including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, or assignment of assets or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.

We may share your personal data where we are under duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our other terms and conditions or other agreements, or to protect our rights, property, or safety (or the rights, property, safety of our customers or others). This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction as well as with government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with responding to a subpoena, search warrant, or other lawful request for information or cooperating in a law enforcement or similar investigation.

Where we store and process your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside of the country in which it was originally collected.

The reason for this transfer is that some of the operations we need managed in order to complete our contract with you are located outside of the EEA or the UK, for instance, it may be processed by staff working outside of the EEA or the UK who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.

Where your personal data is transferred in this way, we will take all steps reasonably necessary to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this Privacy Policy. In these cases, we rely on approved data transfer mechanisms (such as standard contractual clauses) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the UK or the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances.

Security and passwords

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We use the strong encryption technology to ensure that transactional information is protected. Transactional information includes any credit or debit card details, your personal contact information together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. If you have given your consent prior to entering the details required for the ordering process, our Site will retain your Space NK account details such as your name, address, email address and purchasing history. Each time you log into your Space NK account to create a new order you must re-enter your credit card details.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Third Party Websites

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Data Retention and Destruction

We store data for as long as it is necessary to provide products and services to you and others and so long as we are legally required to do so. We may also keep a record of correspondence with you (for example if you have made a complaint) for as long as is necessary to protect us from a legal claim.

Rights of Data Subjects

You have certain rights in relation to your personal information. These include: the right to object to the processing of your information for certain purposes, the right to access your personal information, and the ability to erase, restrict or receive a machine-readable copy of your personal information, subject to certain exceptions.

If you wish to exercise any of your rights, please send your request via the link here or alternatively you may contact us via email at customerservices@spacenk.com

We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights, please contact us using the contact details below.

You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner which is unlawful or breaches your rights. If you have such concerns, we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns.

Additional Disclosures for Residents of California

For residents of California, the additional disclosures in this section are intended to supplement this Privacy Policy with information required by California law.

The sources of personal information and the categories of personal information that we may have collected from you in the past 12 months are described in the How/when we collect personal information from you and the Personal information we collect about you sections above. We also explain how we use personal information in the Use made of your personal information above.

We may share personal information with the categories of third parties listed in the section Disclosure of your information above. Below, we have provided more detail regarding the two ways we share personal information: (a) “sales” of information and (b) general disclosures for a business purpose.

“Sales” of Information

We have marked “sales” in quotation marks because a “sale” under California law broadly includes any disclosure of information in return for any value. This value does not need to be monetary, like in a traditional sale.

Space NK does not share personal information in exchange for payment and we require that our suppliers and sub-contractors only use your personal information to perform the services we have asked of them. However, as noted above, we use advertising networks to select and serve relevant adverts to you and have provided information to them for this purpose. Sharing personal information with advertising networks may fall within the definition of a “sale” of personal information under California law because advertising networks are able to use the information collected through cookies for their own purposes, outside of our particular business relationship with them.

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

Disclosures of Information for a Business Purpose

To manage our business and provide services to you, we sometimes share personal information with third parties. As noted above, these third parties cannot further collect, sell, or use the personal information we share with them except as necessary to perform our purposes, as instructed by us.

In the past 12 months, we may have disclosed the following categories of personal information the following third parties for our operational business purposes:

Contact details	· Group members and brands · Suppliers and sub-contractors
Demographic information	· Group members and brands · Suppliers and sub-contractors · Advertisers and advertising networks
Password and authentication information	· Suppliers and sub-contractors
Responses to surveys or market research	· Group members and brands · Suppliers and sub-contractors · Advertisers and advertising networks
Financial and credit card information	· Suppliers and sub-contractors
Marketing preferences	· Group members and brands · Suppliers and sub-contractors · Advertisers and advertising networks

Your Rights

The section Rights of Data Subjects above describes some of the rights you may have as a California resident. If you submit a request to exercise any of these rights, we will need to properly verify your identity for security purposes before we process your request. If we possess appropriate information about you (e.g., name, email address), we will attempt to verify your identity using that information. If it is not reasonably possible to identify you, we may not be able to respond to your request.

To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us.

In addition to the rights described above, residents of California have the right to op-out of the sale of their personal information.

You may exercise your right to opt of sales by clicking this link and following the instructions: Do Not Sell My Personal Information. We also recognize the Global Privacy Control (“GPC”) as a valid consumer request to opt out of marketing cookies for the browser that you use to access the Site and/or SR Global Platform.

We will not deny services, charge different prices, offer a different quality of service, or otherwise discriminate against you for exercising your rights under applicable law.

Changes to our Privacy Policy

This Privacy Policy is effective as of the date at the top of this page. Space NK has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. Please check back frequently to see any updates or changes to our Privacy Policy. In the event of a material change to this Privacy Policy, we will provide a message through our Site or via email informing you of the change.

Contact

Questions, comments or requests regarding this Privacy Policy are welcomed and should be addressed by email: customerservices@spacenk.com

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