Privacy Policy
At OUT OF COLOURS, we are committed to protecting your personal information and respecting your privacy. It is your personal data and we respect that.
This Privacy Policy tells you about how and why we collect and use the personal data which you provide to us or which we collect about you when you interact with us, for example, when you use our website or visit our stores. We want you to be fully informed about how we use your data, how we keep it secure and your rights.
ENSURING THE LAWFUL USE OF YOUR DATA
We will only use your personal data where we have a lawful basis to use it. We will only use your data where it is necessary for us to perform our contract with you (for example, to fulfil your order), or in a way which might reasonably be expected as part of running our business and which does not materially impact your interests, rights or freedoms. For example, we might combine your shopping history to identify trends and ensure we can keep up with demand and develop the right new products for our customers. Please get in touch with us using the contact details provided at the end of this Privacy Policy if you would like further information about this.
We may sometimes need to use data to comply with our legal obligations (for example to pass on details related to fraud). In other instances, we will ask for your consent to use your data, for example, where you sign-up to receive our email newsletters.
Further details of how we use your personal information are provided below.
WHAT INFORMATION DOES OUT OF COLOURS COLLECT FROM YOU
The personal information that we may collect about you broadly falls into the following categories:
Information that you provide directly.
When you engage with OUT OF COLOURS, we may ask you to share your personal information. We have listed below the categories of personal information we may collect:
- Identifiers:
Such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
For example, if you create an account, purchase any products, submit a product review, enter a competition and/or contact our customer service team you may provide your first name, last name, date of birth, gender, email address, mailing address and/or telephone number.
When you register for an account, we will also collect information associated with your account such as the date you joined and your order numbers.
For example, when you place an order and/or contact our customer service department, you may provide your delivery and billing address, credit card type, credit card number and credit card expiration date. We will also collect details of your past orders.
- Images and photographs:
For example, via social media when you tag us you may provide a photograph of yourself, or if you engage with us via technologies such as AR, face evaluation or other tools.
- Your opinions or other information
For example, if you review the products you have purchased from us or provide information about products and/or cosmetic concerns, and the brands and products you use.
- Commercial information
Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Information that we collect automatically.
When you engage with OUT OF COLOURS we may use cookies and similar tracking technology to collect the following information about you automatically:
- Internet or other electronic network activity information
Such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
For example, when you visit the website, engage with OUT OF COLOURS content or with us digitally, we may collect certain information from your computer, tablet or mobile phone (“Device”) such as your IP address, Device type (i.e. make and model), unique device identification numbers, browser-type and time zone settings.
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 website (such as how you scroll over the site, 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; and crashes, download errors and response times.
- Geolocation Data
Such as physical location or movements. We collect your IP address and infer location such as city or postcode therefrom.
For example, when you visit the website, engage with OUT OF COLOURS content or with us digitally, we may collect your broad geographic location (e.g. country or city-level location) from your Device.
- Inferences drawn from other personal information
Such as a profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
For example, when you visit the website, we may use the personal information indicated above to provide you with tailored advertising, content and products that we think you may like.
- Information that we obtain from third party sources
From time to time, we may receive personal 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 disclose your personal information to us. The types of personal information we collect from third parties includes:
- Social Media Partners
For example, if you ‘log-in’ to the website using a social medial log in or use functionality such as “like” or “share” buttons, that social media site may pass information to us, including: the user ID for that third party site, the name, email address and location associated with the user ID and any other information permitted under the privacy policy for that website.
- 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 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.
- 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 browser patterns, geo-location and Device identifiers.
HOW WE USE THE INFORMATION WE COLLECT
We will use your personal information for the purposes set out in this Policy, which will include:
- To provide you with the products and services that you have requested-
To administer our relationship with you and to carry out our obligations arising from the relationship between you and us, including internal accounting and administration purposes, to process payment for purchases or other services and to create and manage your account.
- To process your payments
After you place an order on our website you will need to make payment for the goods or services you have ordered. Your payment will be processed by Shopify Payments. Shopify Payments collects, uses and processes your information, including payment information, in accordance with their privacy policies. You can access their privacy policy via the following link(s): Shopify Payments: https://pay.shopify.com/tos-privacy-policy.
- To verify your identity
For example we may use your email address to determine if you already have an account with us.
- For analytics purposes
For example, we may analyze your personal 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 and the website. We may also aggregate and de-identify your information to create customer segments and share with our affiliates and partners.
We also use Google, a third-party analytics provider, to collect information about websites usage and the users of the websites, including demographic and interest-level information. Google uses cookies in order to collect demographic and interest-level information and usage information from users that visit the websites, including information about the pages where users enter and exit the websites and what pages users view on the websites, time spent, browser, operating system, and IP address. Cookies allow Google to recognize a user when a user visits the websites and when the user visits other websites. Google uses the information it collects from the websites and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. We do not link information we receive from Google with any of your personally identifiable information. For more information regarding Google’s use of cookies, and collection and use of information, see the Google privacy policy (available at https://policies.google.com/privacy?hl=en). If you would like to opt out of Google Analytics tracking, please visit the Google Analytics Opt-out Browser Add-on (available at https://tools.google.com/dlpage/gaoptout).
- To provide you with marketing communications that you might be interested in-
If you choose to receive marketing communications from us, we may use your personal information to keep you up to date with our latest products, services, surveys, announcements, upcoming events, sweepstakes, contests and other promotions 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 below marked “How do I stop receiving marketing communications?".
- For tailored advertising-
We, or with third party vendors, may use your personal information to provide you with tailored advertising on third party sites, including Social Sites. These advertisements are either: (i) “contextual" (meaning they are presented due to the webpage that you are viewing); or (ii) “behavioral advertising" or “interest-based advertising" (i.e. where advertisements are shown to you based upon your interests which we have inferred from your information including demographic, geographic and interest-based data). We may use tailored advertising to specifically include or exclude individuals who have registered for our products to ensure that you are provided with information about those products that are most relevant to you. To do this, we may track your browsing activity across different websites, different Devices and/or different applications. We may match your browsing activity on one Device, such as your mobile phone, with your browsing activity on another Device, such as your tablet, to ensure our advertising is tailored to you. If you no longer wish to see tailored advertising, you can amend your cookie preferences.
- For SMS communications -
When you sign up to receive text messages from us on our website or via text message or opt to receive news, offers, updates on out-of-stock items from us by entering your name and phone number and clicking subscribe or ticking a box at checkout indicating that you would like to receive text messages from us, we collect your phone number, information about your browser, information about the page you signed up on, and any other additional information you may provide to us. For more information on SMS messages, including instructions on how to opt-out, please read our Terms of Use.
- For non-marketing communications-
We may use your personal information to communicate with you about important information in relation to your account, the service you have requested or other non-marketing communications. This includes: (i) emailing you to verify your identity when you sign-up; (ii) emailing you where you have requested a password and/or username reset; (iii) notifying you that a particular service has been suspended for maintenance or terminated; (iv) letting you know that we have updated this Policy or our Terms of Use; or (v) letting you know about any products that you have requested or purchased. We will never contact you to ask for your password, please be careful if you receive any communications from people requesting this information.
For example, we may use your personal information to process and respond to your questions and/or inquiries.
For example we may use your personal information provided to us to:
- administer the website;
- ensure the security of our networks and of your information;
- customize your future visits to the website based on your interests to ensure the most user-friendly online navigation experience;
- improve the website and our other digital offerings (including to fix operational problems such as pages crashing and software bugs); and
- 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 our products and develop new products.
Use of Non-Personally Identifiable Information
We may use non-personally identifiable information, such as anonymized and/or aggregated Services usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Services, including to develop new features, functionality, and services, to conduct internal research, to better understand usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with personal information will be treated by us as personal information.
Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
SHARING YOUR DATA WITH TRUSTED THIRD PARTIES
We share your personal data with trusted third parties to allow us to provide our services to you. When we do share your data with these third parties we only provide the information they need to perform the service. We have written contracts in place with them to ensure they only use your data for the purpose we specify to them and that your privacy is secure and respected.
These trusted third parties include the following:
- Companies that help us fulfil your orders and, where required, get your purchases to you, such as delivery couriers and payment providers; (eg. SF Express)
- Professional service providers such as website hosting providers, system providers, website analytics providers, advertisers and appointment booking providers, who help us run our business; (eg. Google Analytics, Shopify)
- Direct marketing companies who help us manage our electronic communications with you
- Social Media or Web platforms to show you products that might interest you while you’re browsing the internet; (eg. Facebook, Instagram, YouTube)
- Companies who send segmented, personalized marketing communications on our behalf
We may also share your personal data in connection with a business transition (such as a merger, acquisition by another company, or a sale of all of or portion of our assets). In these circumstances, we may need to share your personal data with a prospective buyer and external professional advisors such as accountants, insurers, lawyers or financial institutions.
We may be required to share your personal data with the police, administrative authorities or other enforcement, regulatory or Government bodies, where we are legally obliged to do so.
We will only share your personal data with third parties (including our group companies) for them to use for their own direct marketing purposes when you have given your consent for us to do so.
HOW LONG WILL WE KEEP YOUR PERSONAL DATA?
We will only keep your personal data for as long as we need to for the reason we collected it, as set out in this Privacy Policy. For example, for as long as needed to allow us to fulfil your order or to provide any customer services support you have requested, or for as long as you hold an account with us.
We may also keep hold of some of your personal data if we are required to do so for legal purposes, for example, to meet our legal or regulatory requirements or to prevent fraud and abuse.
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.
SECURITY
All personal data provided by you will be properly stored in our customer service system and can only be accessed by authorized persons. Our employees who have access to and process your personal data are obliged to respect the confidentiality and security of your personal data.
HOW CAN I UNSUBSCRIBE FROM MARKETING COMMUNICATIONS?
We love keeping you up-to-date by email about our latest products, services, offers and events, but if you decide that you don’t want to receive these communications at any point, you can unsubscribe as follows:
Email us at: hello@outofcolours.com or click on the unsubscribe button on the bottom of any email we send you. If you have an account with us, you can also unsubscribe by going to the Account Information page on the OUT OF COLOURS website, clicking on Newsletters, and unsubscribing to general subscription.
YOUR RIGHTS
You may request access to or correction of your personal information which we hold about you under the Personal Data (Privacy) Ordinance Cap 486. A small fee will be payable in relation to complying with any data access requests. If you would like a copy of the information held on you please write to OUT OF COLOURS, Room 305-307, 3/F, Empire Centre, 68 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong or email hello@outofcolours.com.
CONTACT US
If you have any queries, comments or requests regarding this Privacy Policy, you have a complaint or you would like to exercise any of your rights set out above, you can contact us in the following ways:
- by email to hello@outofcolours.com; or
- by post to Room 305-307, 3/F, Empire Centre, 68 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong
