Data Privacy Notice for Users of the “BRAND EXPERIENCE “ according to Article 13 and 14 General Data Protection Regulation (”GDPR“)
ANTONIO PUIG S.A. (hereinafter, referred to as "PUIG") informs its users of the "BRAND EXPERIENCE" (hereinafter, referred to as the "Application") about the collection of their personal data (all information that relates directly or indirectly to natural persons and identifies them or makes them identifiable) and how it is processed for and in the course of the [BRAND EXPERIENCE] Application.
1. Sending and Resending Invitation E-Mails for the [BRAND EXPERIENCE] Application
Data categories:
- Name
- Corporate e-mail-address
- Personal e-mail address (when the [BRAND EXPERIENCE] application user does not have corporate e-mail)
Purposes of the processing:
- To send an invitation link to PUIG employees and certain external collaborators for them to join the application ([BRAND EXPERIENCE] Application users”) and to resend such invitation link at regular intervals if and as long as the PUIG employee or external collaborator does not follow the invitation and does not create a user account.
Legal basis:
- Legitimate interests (Art. 6 sec. 1 lit. f GDPR), the centralized and group-internal e-learning application serves to impart knowledge about the various PUIG brands to the employees and external collaborators, so they can exercise their job, succeed in their job and stay up to date. [FIJO1]
Data source:
- PUIG subsidiary that employs and manages the E-learning application user directly.
- PUIG distributor that employs and manages the E-learning application user directly.
Data recipients:
- IT-service providers
2. Pre-creation of the User Account for the BRAND EXPERIENCE Application
Data categories:
- Name
- Corporate e-mail-address
- Personal e-mail address (when the E-learning application user does not have corporate e-mail)
- Photograph
Purposes of the processing:
- To pre-create the user account for the BRAND EXPERIENCE application once the user has joined the BRAND EXPERIENCE application.
Legal basis:
- Legitimate interests (Art. 6 sec. 1 lit. f GDPR), the centralized and group-internal E-learning application serves to impart knowledge about the various PUIG brands to the employees and external collaborators, so they can exercise their job, succeed in their job and stay up to date. The precreation of the user account helps saving time resources.
- Declaration of consent (Art. 6 sec. 1 lit. a GDPR) regarding the photograph which was given in the course of the photo shooting (for details see below clause 4.).
Data source:
- PUIG subsidiary that employs and manages the E-learning application user directly
- PUIG distributor that employs and manages the E-learning application user directly.
Data recipients:
- IT-service providers
3. Use and administration of the BRAND EXPERIENCE application
Data categories:
- Name
- Working location
- (corporate) e-mail-address
- Personal e-mail address (when the E-learning application user does not have corporate e-mail)
- Preferred language
- Password
- Joining date
- Sign in time, sign out time and duration spent on the application
- Results on the courses and brand quizzes
- Progress regarding the brand videos, courses and brand quizzes
- Content of the online chat with other users of the application
- Content of the feedback given by the user
Purposes of the processing:
- To provide the user with the ideal user experience of the BRAND EXPERIENCE application. This includes: creation/registration of the user profile, tracking of the browsing history (on the Application), evolution/learning progress, engagement/usage stats, quiz scores/ points on courses, contact with coordinators, status (expert), organisation of a price draw every three months, providing an online chat, upload informational documents.
Legal basis:
- Legitimate interests (Art. 6 sec. 1 lit. f GDPR), the centralized and group-internal E-learning application serves to impart knowledge about the various PUIG brands to the employees and external collaborators, so they can exercise their job, succeed in their job and stay up to date.
Data source:
- PUIG subsidiary that employs and manages the user directly
- Provided directly by the user himself/herself during the registration process
- PUIG distributor that employs and manages the E-learning application user directly.
Data recipients:
- IT-providers
- PUIG group of companies
- PUIG subsidiaries
- Other users of the application (only concerning the public information in the user profiles)
4. Profile picture
Data categories:
- Photograph of the user
Purposes of the processing:
- To make the profile more user friendly and encourage/improve the communication between the users. If you participated in the PUIG photo shooting, your photo is already predefined in the profile picture section. If you did not participate, this section is left blank. In any case, you may change, reupload or delete your profile picture at any time.
Legal basis:
- Declaration of consent (Art. 6 sec. 1 lit. a GDPR)
Data source:
- Photo taken at a PUIG photo shooting for this purpose and provided by the respective PUIG subsidiary or Distributor that employs and manages the E-learning application user directly
- Uploaded directly by the user himself/herself
Data recipients:
- IT-providers
- PUIG group of companies
- PUIG subsidiaries
- Other users of the application
5. Technical support
Data categories:
- Name
- (corporate) e-mail-address
- Personal e-mail address (when the BRAND EXPERIENCE application user does not have corporate e-mail)
- Technical issue
Purposes of the processing:
- To provide the BRAND EXPERIENCE application user with technical support regarding technical problems reported to PUIG via e-mail.
Legal basis:
- Legitimate interests (Art. 6 sec. 1 lit. f GDPR), to guarantee optimal user experience, to resolve technical difficulties and to keep the application up to date.
Data source:
- Provided directly by the BRAND EXPERIENCE application user himself/herself via the e-mail request
Data recipients:
- IT-providers
- Coordinators/administrators of the e-learning application
6. Recipients in third countries
Some of the recipients mentioned above may be located in third countries (i.e. countries outside the EU/EEA and with no adequate level of protection) or process the personal data in such third countries. The level of data protection in other countries may not be the same as in the EU/EEA. PUIG therefore takes measures to ensure that all recipients offer an adequate level of data protection.
7. Storage duration
The personal data will be stored until the end of the employment/contractual relationship or until the expiry of the applicable legal periods of limitation and retention, as well as until the end of any legal disputes in which the data is required as evidence. Insofar as the data processing is based on a declaration of consent, the data will be stored until withdrawal of the consent, unless there is a compulsory legal justification for storing the data.
8. Statutory / Contractual requirement
The provision of the personal data according to above clauses 1. – 5. is not a statutory or contractual requirement and data subjects are not obliged to provide the personal data. However, the provision of said personal data is necessary to use the E-learning application and to derive benefit from this application including the possibility to win prices from the brand quizzes.
9. Profiling
The E-learning application users’ activities on the Application are being tracked for reasons of statistical evaluation and to improve all the services provided on the Application. This includes the usage/engagement rates, overall learning progress (achievement of courses and quizzes achievement of “expert status”) submissions to the feedback forum, submissions of surveys, comments left and contact with the technical support.
10. Data Controller and Data Protection Officer
Data controller:
ANTONIO PUIG, S.A.
Plaza Europa, 46-48
08902 L’Hospitalet de Llobregat
Barcelona, Spain
Tel: 93.400.70.00
E-mail: help@brand-experience.com
11. Rights of the Data Subjects
In connection with the data processing according to the above clauses 1. and 2. the data subjects (ie. the application users) have the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability. Furthermore, the data subjects have the right to lodge a complaint with the competent supervisory authority.
When collecting the data, PUIG announces if the provision of personal data for the affected user is required by law or contract or is necessary for the conclusion of a contract. At the same time, PUIG announces whether the affected user is obliged to provide his personal data and what possible consequences the non-provision would have.
Terms and conditions
Preamble
These terms and conditions govern your use of the [BRAND EXPERIENCE] (hereinafter, referred to as the “Application”). The Application is provided by ANTONIO PUIG, S.A. (hereinafter, referred to as “PUIG”, “we”, “our” or “us”). In order to provide our Services (as defined in section 3. below) we need to obtain your express agreement to our Terms and Conditions (hereinafter, referred to as "T&Cs”). You agree to our T&Cs by clicking the checkbox “I agree with Brand Experience Terms & Conditions and Brand Experience Privacy Data”.
1. [BRAND EXPERIENCE] application users and confidentiality
1.1. Participants
The [BRAND EXPERIENCE] application is accessible for all
· “PUIG Brand Ambassadors”, members of the PUIG Retail Sales Force and
members of the PUIG corporate team (e.g. HR, Marketing).
· “Brand Representatives”, members that sell PUIG BRANDS all year long but not necessarly exclusively.
· “Beauty Consultants”, that are members of the retailer sales force.
1.2. Confidentiality
Since some of the content on the e-learning application consists of exclusive or confidential content related to PUIG, access to the Application is restricted to the persons mentioned above. The content is to be treated confidentially and may not be shared - especially with external persons - or duplicated or made accessible in any other way.
2. General using conditions
2.1. Registration
We pre-register your profile using your corporate e-mail-address, [FIJO2] pending your password which you will insert upon registration. You will receive an e-mail containing the invitation link and your password. Once registered, you can change your password at free will.
2.2. Keep your profile updated
You can change some of your personal information, including your profile picture, at free will (see also section 3.1. below).
2.3. Devices and Software
You must provide certain devices, software, and data connections to use our services, which we otherwise do not supply. This includes a modern version of a web browser such as Google Chrome, Firefox or Internet Explorer 11.
2.4. Fees and taxes
You are responsible for all internet fees and other fees and taxes associated with your use of the E-learning application, when using it on devices not provided by PUIG.
2.5. Legal and acceptable use
You must access and use the Application only for legal, authorized, and acceptable purposes. You will not use the Application (and the online chat in particular) in ways that: (a) violate, misappropriate, or infringe the rights of PUIG, other users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive; (c) involve publishing falsehoods, misrepresentations, or misleading statements.
We may modify, suspend, or terminate your access to the application for violation of the T&Cs.
2.6. Termination/ Deregistration
Upon the termination of your employment contract or commercial relationship with Puig, all details of your profile (name, email address; corporate and personal, photo and browsing history on the E-learning application) will be deleted and the access to the Application cancelled.
3. Services
3.1. Your profile
3.1.1. Profile
In this section, your personal information such as first name, last name, working location, preferred language, profile picture and joining date is visible. You can change your password, chose another language, delete your profile picture or upload a new one and if applicable, change your working location, activate or disable notifications for receiving challenges, activity reminders or other new features.
3.1.2. Profile picture
You are not obliged to use a profile picture. The use of a profile picture is voluntary but contributes to better user experience and facilitates communication with other users.
If you participated in the PUIG photo shooting, your is already predefined in the profile picture section, if you did not participate, this section is left blank. In any case, you may change, reupload or delete your profile picture at any time. By agreeing to this T&Cs, you give your consent to the processing of your photo.
3.1.3. Progress
You can also see your personal progress and completion status of activities, lessons and brand quizzes (see section 3.2. below).
3.2. Learning
The learning process is organised in more than 15 types of activities for each brand: Lessons, Brand quizzes / games…
The content from all the activities is exclusive for members of the [BRAND EXPERIENCE] application users. You’ll find original videos and information that must be safe and not shared.
3.2.1. Lessons
Lessons are content on the brands and their characteristics. Each lesson will include a list of activities. Each activity will display key information about different sets of fragrances.
3.2.2 Brand quizzes
After the completion of each lesson, activity you can test your knowledge about the brand by taking a brand quiz. You should achieve 100% score on each quiz for the quiz status to be highlighted as completed. If you fail to achieve the 100% score, you can keep repeating the quiz until the full score is achieved. Your current status and every status change will be highlighted visually and through pushed notifications.
3.2.2 Brand challenges
All users who have participated and have achieved the challenge. The challenge is a price that may be drawn by the Brand and PUIG Subsidiary with an aleatory periodicity. It is visible as an objective on the application at all time in the home button. The winner will be determined via a private automatic draw and the prize will be offered to him/her either by the employer (the PUIG subsidiary or the corresponding Distributor) or by Antonio Puig SA directly.
A cash payment, refunding, transfer or exchange of the price is excluded.
PUIG expressly reserves the right to exchange the respective announced prizes for prizes of equal or higher value without stating reasons.
PUIG assumes no liability for technical defects, faulty data transmissions or for any technical difficulties that could influence participation in the competition.
Legal recourse is excluded; there is no enforceable claim to payment of the prizes.
3.3. Communication services
3.3.1. Push notifications and e-mail contact
To keep you updated on your learning progress (e.g. if you reach “expert status”), you will receive pushed notifications generated directly by the application and e-mails sent to your corporate or personal e-mail address as the case may be.
3.3.2. Forum
You can communicate directly with other users of the e-learning application to connect and to exchange experiences and share your progress.
3.3.3. Technical support
If you experience technical problems or have any questions regarding technical issues, please contact us via e-mail at help@brand-experience.com.
3.3.4.Feedback forum (This an open space for the user to share qualitative or general content feedback)
3.3.5.Quiz (The quiz consists on a list of questions that aims to assess if content was helpful to perform the job, most of the times will be through pedagogical games.).
3.4. Tracking
Your activities on the E-learning application are being tracked for reasons of statistical evaluation and to improve all the services provided on the Application. This includes your usage/engagement rates, overall learning progress (courses and quizzes achieved, if you have achieved “expert status”) submissions to the feedback forum, submissions of surveys, comments left and contact with the technical support. Your conversations with other users via the online chat are neither visible for coordinators nor administrators.
4. Data Protection
We collect and process your personal data in order to provide the services described above to you. For detailed information, please note our [“Data privacy Notice”].
5. Final provisions
5.1. Changes to the terms and conditions
5.2. Occasionally we may, in our discretion, make changes to the T&Cs. When we make material changes, we’ll provide you with a notice as appropriate under the circumstances, e.g., by displaying a notice within the application or by sending you an email. If you do not wish to continue using the [BRAND EXPERIENCE] application under the new version of the T&Cs, you may terminate the T&Cs by contacting us per e-mail at help@brand-experience.com.
5.3. Invalid provisions
If any provision of these T&Cs is found to be invalid or ineffective for any reason, this shall not affect the validity and enforceability of the remaining provisions of the T&Cs. The invalid or ineffective provision shall be deemed replaced by a provision which most closely corresponds to the sense and purpose of the invalid or ineffective provision and the remaining portion of the T&Cs will remain in full force and effect.