EU/UK PRIVACY ADDENDUM
Effective Date: February [], 2021
Please note that the EU/UK Privacy Addendum only applies to residents of the EEA and the UK.
WHO WE ARE
For purposes of data protection laws, regardless of where you reside, e.l.f. Cosmetics, Inc., a corporation registered in the state of Delaware, USA is the controller of the personal information you provide to us, or that is collected or processed by or for us. Contact information for e.l.f. Cosmetics, Inc. can be found here.
Our representative for purposes of Article 27 of the GDPR is Thilo Noack at SBS Data Protect GmbH. The address and contact information for SBS Data Protect GmbH is:
SBS Data Protect GmbH
Attention: Thilo Noack
Hans-Henny-Jahnn-Weg 49
22085 Hamburg, Germany
info@sbs-data.de
+49 40 7344086-0
+49 177 6422164
INTERNATIONAL OPERATIONS AND DATA TRANSFERS OUT OF EUROPEAN COUNTRIES
IMPORTANT: Your personal information will be sent to the United States and possibly other countries.
Our websites are hosted in the United States. If you are visiting one of our websites from outside the United States, your personal information will be transferred to, stored in, or processed in, the United States and transferred to, stored in, or processed in additional countries where our third-party service providers maintain facilities or operations. These countries include the United Kingdom, Ireland, the Netherlands, and Germany.
Where we transfer, store, or process your personal information outside of the EEA or the UK:
we do so to the extent such transfer, storage, or processing is needed to fulfil a contract between us; or
we rely on other methods to ensure an adequate level of data protection:
Adequacy Decisions: Some of our third-party service providers are based in countries that the European Commission has found to have adequate levels of protection for personal information; or
Model Clauses: We rely on the European Commission’s model contracts for the transfer of personal information to third countries (i.e. the standard contractual clauses) when transferring personal information to our third-party service providers who are located in countries that the European Commission has not found to have adequate levels of protection for personal information.
You can request a copy of the instruments we use by contacting us using the contact details provided in the “Contact Us” section.
Please note that the data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your personal information may be available to government authorities under lawful orders and law applicable in such jurisdictions.
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
How long we retain your personal information depends on why and how we collected it and how we use it. We will keep your personal information for as long as we need it to provide you with your requested service(s) or to meet our commercial or legal obligations as explained further below.
To determine the retention period of your personal information, we consider several criteria to make sure that we do not keep your personal information for longer than is necessary or appropriate. These criteria include:
the purpose for which we hold your personal information;
our legal and regulatory obligations in relation to that personal information, for example any financial reporting obligations or statutory retention obligations (for example, under commercial or tax law which usually last from seven years);
whether our relationship with you is ongoing;
any specific requests from you in relation to the deletion of your personal information; and
our legitimate business interests in relation to managing our own rights, for example the assertion or defense of any claims within the statutes of limitation, which is usually three years to the end of a calendar year but can be up to thirty years.
When we no longer need to retain your personal information, it will be deleted or be anonymized so that you can no longer be identified from it.
Please note, that, other than in response to a request to delete your personal information, we have no obligations to notify you when deleting your personal information and can do it at our sole discretion.
GDPR / UK GDPR PRIVACY RIGHTS
Accessing, Correcting, and Updating Your Personal Data
You have the right to access, correct, and update your personal information. If you wish to access, correct, or modify any personal information (or if you wish to know the purposes for which your personal information is processed, the categories of data processed, third party recipients, if any, of your personal information, or third party sources, if any, of your personal information), please contact us using the contact information detailed in the “Exercising Your GDPR Privacy Rights” section.
Requesting Copies of Your Personal Data (Portability Request)
You have the right to request copies of your personal information held by us in a structured, commonly used, and machine-readable format and/or request us to transmit this personal information to another service provider (where technically feasible). If you wish to request copies of your personal information held by us, please contact us using the contact information detailed in the “Exercising Your GDPR Privacy Rights” section.
Requesting We Delete Your Personal Data
You have the right to request that we delete your personal information. If you wish to request that your personal information is deleted, please contact us using the contact information detailed in the “Exercising Your GDPR Privacy Rights” section.
We will need to retain certain records, for example those relating to open orders, payments, or customer service matters, or for legal and accounting purposes.
Objecting to Processing of Your Personal Data
You have the right to object, for legitimate purposes, to the processing of personal information as provided under applicable law. If you wish to object to processing of your personal information, please contact us using the contact information detailed in the “Exercising Your GDPR Privacy Rights” section.
Requesting that We Restrict Processing
You have the right to request that we restrict processing of your personal information. If you wish to request that we restrict processing of your personal information, please contact us using the contact information detailed in the “Exercising Your GDPR Privacy Rights” section.
Withdrawing Consent
If you wish to withdraw your consent to receiving news alert emails, please follow the applicable procedure in the “Your Choices” section or, if not addressed, please contact us using the contact information detailed in the “Exercising Your GDPR Privacy Rights” section.
Please note that if you withdraw consent for a particular feature, we cannot provide or continue to provide certain services or communications to you and that withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Right to Give Us Postmortem Instructions (If Such Rights Exist in the Country Where You Reside)
If such rights exist in the country where you reside, you wish to give us guidelines regarding the retention, erasure and disclosure of your personal information after your death, please contact us using the contact information detailed in the “Contact Us” section. When you contact us, please be sure to note your country of residence and that you are giving us guidelines regarding the retention, erasure and disclosure of your personal information after your death in compliance with the law as well as that you are giving us instructions with respect to e.l.f. Beauty so that we can efficiently process request.
If you need assistance or if you have questions about your right to give us post mortem instructions, please contact us using the contact information detailed in the “Contact Us” section.
Exercising Your GDPR / UK GDPR Privacy Rights
To make any of the requests or exercise any of your GDPR / UK GDPR privacy rights, including your right to access or deletion, please contact us using one of following methods. We respond to all data protection requests we receive in accordance with applicable data protection laws.
You can exercise these rights yourself or you can designate an authorized agent to make these requests on your behalf. We will request that your authorized agent have written permission from you to make requests on your behalf (or that you otherwise directly confirm the agent has permission to submit the request) and we will need to verify your authorized agent’s identity.
Via the Internet. If you wish to exercise any of your GDPR / UK GDPR privacy rights via our websites, please use the following link “Privacy Rights Request Form” (note that this link will take you to a request form for e.l.f. Cosmetics, Inc. (our main operating subsidiary). Please follow the instructions on the form to make your request.
By mail. If you wish to exercise any of your GDPR / UK GDPR privacy rights, you can write to us at the following address. Please include your full name, mailing address, and any email address associated with your activity with us and let us know which GDPR / UK GDPR privacy right you are exercising and that you are exercising your GDPR / UK GDPR privacy rights with respect to e.l.f. Beauty so that we can process your request or exercising of your rights in an efficient manner.
e.l.f. Beauty, Inc.
570 10th Street, 3rd Floor
Oakland, CA 94607
ATTN: Legal Department
RE: EEA/UK Privacy Info
By telephone. If you wish to exercise your right to access or your right to deletion via telephone, please call us at the following toll-free number: (888) 315 9814. When you call us, please let us know that you are exercising your GDPR / UK GDPR privacy rights, which GDPR / UK GDPR privacy right you are exercising, and that you are exercising your GDPR / UK GDPR privacy rights with respect to e.l.f. Beauty so that we can process your request or exercising of your rights in an efficient manner.
Other Methods. You may also contact us using the contact information detailed in the “Contact Us” section. When you contact us, please let us know that you are exercising your GDPR / UK GDPR privacy rights, which GDPR / UK GDPR privacy right you are exercising, and that you are exercising your GDPR / UK GDPR privacy rights with respect to e.l.f. Beauty so that we can process your request or exercising of your rights in an efficient manner.
CONTACT US
If you have questions or concerns about this EU/UK Privacy Addendum, please contact us by webform, by phone at (212) 239-1530 (Weekdays 9:30am-5:30pm EST) or by email at elfcare.eu@elfcosmetics.com.
You may also write to us at:
e.l.f. Beauty, Inc.
570 10th Street, 3rd Floor
Oakland, CA 94607
ATTN: Legal Department
RE: EEA/UK Privacy Info