Date of Last Update: 6^th November 2017

Welcome to the Smashbox Facebook Messenger Bot (the "Bot").  Our Bot allows you to explore and try on Smashbox products, shop and book appointments via our mobile brand site, explore content and find stores local to you.

By accessing or using the Bot you will be deemed to have accepted these Terms and Conditions ("Terms"). Please read these Terms carefully and, if you are unhappy with any aspect of them, then you should contact one of our customer service advisors before accessing or using the Bot.

Our Bot operates on the Facebook Messenger platform (“Platform”). Consequently, your use of the Bot and the Platform will also be governed by the terms and conditions of use and related policies published by Facebook, the operator of the Platform.  Please make sure you read those terms and policies, which are available at www.facebook.com before using the Bot or the Platform.  By using our Bot you are promising to us that you will comply with those terms and policies.

1. About us

The address and registered office of Estee Lauder Cosmetics Limited (trading as Smashbox) is One Fitzroy, 6 Mortimer Street, London, W1T 3JJ; registered in England and Wales with company registration number 0659213; VAT registration number GB 193-0816-58.

2. Your obligations and responsibilities

2.1 When accessing or using the Bot, you shall comply with these Terms and the special warnings or instructions for access or use posted on the Bot or Platform. You shall act always in accordance with the law, custom and in good faith.

2.2 You agree to accept responsibility for all content submitted from your account on the Platform so please ensure you do not share your login details to the Platform or leave your device(s) unlocked and unattended.  If you have reason to believe that your password to your account has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should change your password details using the relevant settings provided by the Platform.

2.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service without prior notice if you violate these Terms.

2.4 You may not make any changes to the Bot, or any of our content or services available through it and may not impair in any way its integrity or operation. If you negligently or wilfully break any of the obligations in these Terms (including our Privacy Policy), you will be liable for all the losses and damages that this may cause to us or our affiliates, partners or licensors.

3. Your privacy

3.1 We take your privacy seriously.  Please read our Privacy Policy, which also forms part of these Terms, to see how we use your personal information. You should read this policy carefully before using the Bot.

3.2  You acknowledge that we are restricted by the technical features of the Platform from communicating with you using the Bot. We may communicate with you about orders placed via our mobile brand site using other contact details provided to us.

4. Our content

4.1 All content available on the Bot, including, but not limited to, text, graphics, logos, button icons, images, audio clips, compilations, and software (collectively, the "Content") is the property of Estee Lauder Cosmetics Limited, its affiliates,   partners or licensors, and is protected by copyright and other intellectual property laws. The trade marks, logos, and service marks displayed on the Bot (collectively, the "Trademarks") are the registered and unregistered marks of Estee Lauder Cosmetics Limited, its affiliates, licensors or partners, and are protected by trade mark laws. All other Trademarks not owned by Estee Lauder Cosmetics Limited, its affiliates, partners or licensors that appear on the Bot and the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

4.2 In relation to all Content we make available on and through the Bot, we give to you limited, revocable, and non-exclusive permission to access and make personal use of the Content and Trademarks for the purposes of utilising the functionality of the Bot. Except for that limited purpose or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Bot may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

5. Information and content you provide to us

5.1 You are responsible for ensuring that the personal information which you provide to us is true, accurate and current in all respects. See our regarding the treatment of your personal information.

5.2 You must not post any messages within the Bot that include any excessive personal information about you or another person. We have no control (nor any obligation to monitor) any information or content you post in the Bot.

5.3 Any messages that you send to us using the Bot must be lawful and must not contain any material that is abusive, threatening, defamatory, invasive of another's privacy or otherwise objectionable.                 

6. Our liability for loss or damage suffered by you

6.1  We provide the Bot and our Content on an "as is" and “as available” basis without any guarantees, conditions or warranties as to the availability or accuracy of the Bot or Content. We are not responsible for nor have any control over, the Platform, which is operated by a third party.

6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

6.3 We only provide the Bot for domestic and private use. You agree not to use the Bot for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. Reimbursement

7.1 You agree only to use the Bot in accordance with our Terms. You agree that you will reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of our Terms (including any content you submit to us or actions you take which disrupt access to or the functioning of the Bot) or any liability we incur as a result of the use of the Bot by you and any other person that uses your account to the Platform.

8. Transfer of rights

We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

9. Questions and complaints

In case of queries regarding the Bot, you may contact us by email infosmash@smashbox.co.uk or call us 0808 281 0236.

10. Changes to these Terms

We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.  

11. Law and disputes

These Terms shall be governed and construed in accordance with the laws of England and proceedings may be brought in relation to the matters set out in these Terms in the courts of England and Wales. 

 

Copyright © Estee Lauder Cosmetics Limited 2016.  All worldwide rights reserved.

Smashbox Facebook Bot Privacy Policy

Date of Last Update: 6^th November 2017

Estée Lauder Cosmetics Limited, trading as Smashbox ("we", "us", or "our") respect your concerns about privacy and value the relationship we have with you. This Privacy Policy describes the types of personal information we collect about our customers through and in connection with the Smashbox Facebook Bot (“Bot”), how we process the information, with whom we share it, and the choices available to our customers regarding our use of the information. We also describe the measures we take to protect the security of the information and how our customers can contact us about our privacy practices. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By accessing or using the Bot you are accepting and consenting to the practices described in this policy. 

For the purposes of the Data Protection Act 1998, Estée Lauder Cosmetics Limited (a company registered in England and Wales with company number 00659213 whose registered office is located at One Fitzroy, 6 Mortimer Street, London, W1T 3JJ) is the data controller of your personal information.

Our Bot operates on the Facebook Messenger platform (“Platform”). Consequently, any information you submit on the Bot will also be submitted to Facebook who may make separate uses of your personal data for its own purposes in accordance with its privacy policies.  Please refer to Facebook’s data policy for further information regarding Facebook’s uses of your personal information.

1. Information We Collect

1.1 We may obtain personal information about you from various sources. We may collect this information when you provide it in a message in our Bot, via our mobile e-commerce site, or in correspondence you send to us.  We may also collect certain information from our third party service providers such as Facebook.

1.2  If you use the Bot we may collect your name.  If you go on to make a purchase, we will collect further information from you through our Smashbox website.  Please see our website Privacy Policy for further information.,

2.  How We Use The Information

2.1 We use the information you provide to provide services to you; respond to your enquiries; operate and communicate with you about our social networking applications; operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analysing our products; performing data analytics; and performing accounting, auditing and other internal functions); and comply with applicable legal requirements, relevant industry standards and our policies.

2.2  We also may use the information in other ways for which we provide specific notice at the time of collection.

3.  Information We Share

3.1 We do not rent lists, sell or otherwise disclose personal information we collect about you, except as described here. We may share your personal information with:

(a) any of the brands owned by any member of our group, which means brands owned by our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. For additional information regarding our corporate affiliates please see http://www.elcompanies.com; and

(b) third party service providers who perform services on our behalf based on our instructions. We do not authorise these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that provide web hosting services or provide us with services related to the Bot’s functionality.

3.2 In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

3.3 We also reserve the right to transfer personal information we have about you in the event that (i) we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, or (ii) we sell or transfer all or a portion of our business or assets to a third party. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any enquiries concerning the processing of that information.

4. Withdrawing Consent

You may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will consider your request and, as required by applicable law, apply your preferences going forward, within a reasonable amount of time. Even where you withdraw your consent, we may still process your personal data for limited purposes, for example, to give effect to your request, or to safeguard our business. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services.

5. Reviewing, Updating and Modifying Personal Information

Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. You may request to review, change or delete your personal information by sending an email to; infosmash@smashbox.co.uk.

6. Data Transfers

We may transfer the personal information we collect about you to countries other than the country in which the information was originally collected (which may include countries outside the European Economic Area ("EEA") (including the USA)). It may also be processed by staff operating outside the EEA who work for us or one of our suppliers. Such staff may be engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and applicable law.

7. How We Protect Personal Information

We maintain appropriate administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use.

8. Updates To Our Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Policy when it was most recently updated

9. How To Contact Us and Access to Information

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at; infosmash@smashbox.co.uk or telephone at 0800 0546072. You also may write to: Customer Care Centre, Estée Lauder Cosmetics Limited, Constellation House, 3 Kites Croft Business Park, Warsash Road, Fareham, PO14 4FL.

The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Please note that any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.