Date of Last Update: 6th 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.
3. Your privacy
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.
7.1 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 firstname.lastname@example.org 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.
Date of Last Update: 6th November 2017
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.
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.
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; email@example.com.
6. Data Transfers
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.
9. How To Contact Us and Access to Information
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.