New Avon Company (“New Avon”, “us,” or “we”) has created this Privacy Statement to inform you about how we collect, use and disclose information.
This Privacy Statement applies to information collected through this website and any mobile sites, applications, widgets, and other interactive features that link to this Privacy Statement (collectively, the “Site”). Except as specifically provided below, this Privacy Statement does not apply to information collected by New Avon by or through any other means, such as information collected offline.
New Avon grants independent contractors selling rights to its products (hereinafter referred to as “Independent Sales Representatives”). Independent Sales Representatives are not employed by New Avon. Therefore, New 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 Site, New Avon will have access to it and shall treat it in accordance with this Privacy Statement. Independent Sales Representatives may provide New Avon with information regarding their customers, in which case New 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 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.
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 communicate or interact with us on the Site.
The information we collect may include Personal Information. “Personal Information” is information that can identify you such as name, postal address (including billing and shipping addresses), telephone number, e-mail address, credit card number, and user name. We may also collect demographic information, such as your location, education, profession, age, gender, as well as other information, such as your hobbies and special interests. You may choose to voluntarily submit certain other information to us through the Site, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not requested that you submit such information to us.
Information Collected Automatically
We may automatically collect certain information about you when you access or use the Site (“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; and
- Data regarding network connected hardware.
Usage information also includes IP address. Your “IP Address” is a number that is automatically assigned to the device 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 Site, 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. We may use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, detecting fraud, and administering the Site. We may also use and disclose IP Addresses for any other purpose as permitted by this Privacy Statement. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Statement.
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. 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 Site to, among other things, track the activities of our Site visitors and compile statistics about Site 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 and similar technologies. If you choose to utilize a widget or similar technology on the Site, 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). New 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 Site 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 Site 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 “Your Choices” 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 Site, 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
We may use information about you, including your Personal Information, for any purposes consistent with our statements in this Privacy Statement or as permitted by applicable law including:
- for the purposes for which you specifically provided it including, without limitation, to enable us to respond to your inquiries and process and fulfill your requests;
- 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 (for information about how to manage these communications and marketing efforts, please see “Your Choices” below);
- 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 Site;
- to help you find an Independent Sales Representative including suggesting a new New Avon Representative if your current Independent Sales Representative has discontinued selling New 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 website, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns;
- to prevent and address fraud, breach of policies or terms, and threats or harm;
- 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); and to manage our Site, complete and fulfill your order, 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.
SHARING OF INFORMATION
We may disclose information about you, including your Personal Information, for any purposes consistent with our statements in this Privacy Statement or as permitted by applicable law including:
- for purposes disclosed at the time you provide the information;
- with your consent or at your direction;
- to companies that are affiliated with us, that are part of the New Avon family of companies, but not for their direct marketing purposes;
- to third-party service providers who provide services to New 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, 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; they are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes);
- 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 proposed or actual 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 third parties; 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.
Without limiting the foregoing, 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. We may share such aggregated information with third parties or affiliates for any purpose.
Certain features on our Site 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 make public 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 Site even after you cease use of the Site.
THIRD PARTY SERVICES
Our Site contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). In addition, our Site contains features that allow you to interact with, connect to, or access our Site 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 Site. 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 Site 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 Site.
New 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 Site. In addition, we may also work with third-party advertising companies who use Tracking Technologies on our Site 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 Site (“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 Site, 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. 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 Site 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 Site, we will treat the combined information as Personal Information under this Privacy Statement.
New 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 a New Avon Site to collect information from you, New Avon may have access to that information and shall treat it in accordance with this Privacy Statement.
To opt out of receiving certain marketing and/or promotional communications (e-mails, push notifications, text messages, and calls) from New 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 a New Avon Site, use that Site’s “modify account information” 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 us or contact us at email@example.com and specify you want to opt-out of text messages; and (4) for calls, request opt-out during any call you receive from us or contact us at firstname.lastname@example.org 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 and will not affect subsequent subscriptions or, for e-mails, non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.
If you registered with a Site, you may view, change, modify or remove certain Personal Information contained in your personal profile by using the tools found in the profile or account section of the applicable Site.
We will endeavor to comply with your request as soon as reasonably practicable. However, we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. We also reserve the right, from time to time, to re-contact former Site visitors and users, including Independent Sales Representatives. Finally, we are not responsible for removing information or causing information to be removed from the databases or other records of third parties (including third-party service providers and Independent Sales Representatives) with whom we have already shared your Personal Information. California residents have additional rights set forth in “Your California Privacy Rights” below.
Tracking Technologies Generally
As discussed in the section entitled “Information Collected Automatically,” you may be able to exercise choice with regard to certain Tracking Technologies. Please be aware that if you disable or remove Tracking Technologies some parts of the Site may not work and that when you revisit the Site your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Analytics and Advertising Tracking Technologies
You may exercise choices regarding receipt of Interest-based Advertising by submitting opt outs. Some of the advertisers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). If you would like more information about the NAI and to know your choices for their members, please visit http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). New Avon is not responsible for effectiveness of, or compliance with, any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs.
YOUR CALIFORNIA PRIVACY RIGHTS
This section regarding California Privacy Rights applies to all information collected by New Avon by or through any means and not just through the Site.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
New Avon will not share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes unless it receives your opt-in consent. If you are a California resident and wish to obtain information about our compliance with this law, please contact us in accordance with the “Contacting Us” section below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that New Avon is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Any California residents under the age of eighteen (18) who have registered to use the Site and posted content or information on the Site, can request that such information be removed from the Site by sending an e-mail to us at email@example.com. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
California Consumer Privacy Act (CCPA)
This section is applicable to residents of California. If you are a resident of California, you have certain rights described below. The following do not apply to individuals who do not live in California on a permanent basis. The California Consumer Privacy Act (CCPA) (officially Assembly Bill 375) is a law intended to enhance privacy rights and consumer protection for residents of the state of California.
New Avon complies with the California Consumer Privacy Act (“CCPA”). New Avon does not sell your personal information. New Avon does not sell the personal information of minors under 16 years of age. New Avon will not discriminate against you in product quality, pricing, goods or services if you choose to exercise your rights under the CCPA.
“Personal information,” for purposes of this section regarding the rights of California residents, does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
Rights Provided by California Civil Code Section 1798.83
Rights Under the California Consumer Privacy Act
You have a Right to Know About Personal Information Collected, Disclosed, or Sold.
California residents have the right to request that New Avon disclose what personal information it collects, uses, discloses, and sells. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the types of personal information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling personal information), other individuals and business with whom we share personal information, and the specific pieces of personal information that we have collected about you.
If you would like the above information, you may contact us through our New Avon CCPA Request Portal or through the contact information provided at the bottom of this section. When you make a request under your Right to Know, you can expect the following:
- We will verify your identity. You will need to provide us with certain pieces of information including but not limited to your name and email address in order for us to verify that you are who you say you are.
- We will confirm our receipt of your request within 10 business days. If you have not received a response within a few days after that, please let us know by contacting us at the email address or phone number listed below.
- We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
- In certain cases, a Request to Know may be denied, for example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.
You have a Right to Request Deletion of Personal Information about You.
California consumers have a right to request the deletion of their personal information collected or maintained by New Avon. If you would like information about you to be deleted, you may contact us through our New Avon CCPA Request Portal or through the contact information provided at the bottom of this section. When you make a request for deletion, you can expect the following:
After you request deletion, you will need to confirm that you want your information deleted.
We will verify your identity. You will need to provide us with certain pieces of information including but not limited to your name and email address in order for us to verify that you are who you say you are.
We will confirm our receipt of your request within 10 business days. If you have not received a response within a few days after that, please let us know by contacting us at the email address or phone number listed below.
We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
In certain cases, a request for deletion may be denied, for example, if we cannot verify your identity, the law requires that we maintain the information (e.g., in case of a legal request) or if we need the information for internal purposes such as contract fulfilment.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights.
You have a right not to receive discriminatory treatment by New Avon for exercising any of your privacy rights conferred by the CCPA. New Avon will not discriminate against any California consumer because such person exercised any of the consumer’s rights under CCPA, including, but not limited to:
Denying goods or services.
Charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
Providing a different level or quality of goods or services.
Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
If you would like, you may designate an authorized agent to make a request under the CCPA on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.
How to Contact Us Concerning California Privacy Rights
To contact New Avon offline you can send mail to:
New Avon Company
Attn: Legal Department
One Liberty Plaza
165 Broadway, New York, NY 10006
Or, visit the New Avon CCPA Request Portal or call the New Avon CCPA support line at (888) 517-2866.
USE OF SITE BY CHILDREN
The Site is not directed to children under the age of thirteen (13), and children should not access the Site. If you are a parent or guardian and believe New Avon has collected information from your child, please contact us at firstname.lastname@example.org.
We use reasonable organizational, technical 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 Contacting Us section below.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or allowed by law, including to allow us to comply with our legal obligations, resolve disputes, and enforce our agreements.
Your Personal Information may be stored and processed in any country where we have operations, including the United States, Puerto Rico, Canada, and certain Caribbean Islands. 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 your country of residence, 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 Site. If any of these changes regarding your information are material and retroactively applied, we may provide you additional notice to your e-mail address. Your interaction with us following such changes means that you accept the revised Privacy Statement.
If you have any questions about this Privacy Statement, please contact us by e-mail at email@example.com, or by regular mail at New Avon Company, One Liberty Plaza, 165 Broadway, New York, NY 10006 Attn: Office of the General Counsel. 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 New Avon, whether collected online or offline. This information would be collected in addition to any Personal Information we may collect from you as a New Avon customer, as described above.
If you seek to become a New Avon Representative we may collect and use your Personal Information to determine your eligibility.
In order to be appointed a New Avon Representative, you may be required to enter into a separate agreement with New 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. 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 a New Avon Representative (including a sales leader), we may disclose your Personal Information:
- to sales consultants or their equivalent, who may be independent contractors to New 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 a New Avon Representative; and
- as necessary to comply with legal requirements such as tax and record keeping obligations.
We may also combine any other information that we and our third-party service providers collect about your use of our Site (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 Statement ©2019 New Avon Company All rights reserved.