PRIVACY POLICY

Welcome to Kaloneo Beauty! This Privacy Policy explains which Personal Data we collect from you via our website and shop at www.kaloneobeauty.com, what we use it for, when we delete it, and how your data is protected.

WHO IS THE DATA CONTROLLER?

A “data controller” is a person or organisation who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In this sense, Kaloneo Beauty Pty Ltd (ABN: 98 683 546 769) of Suite 2169, 8 Hughes Street, Gateshead NSW 2290, Australia (“Kaloneo Beauty”, “we,” “us”, “our”) is the data controller. If you have any questions about this policy or about data protection at Kaloneo Beauty in general, you can reach us using hello@kaloneobeauty.com with “Data Protection” in the subject line.

WHY DO WE HAVE A PRIVACY POLICY?

We will only use your Personal Data in accordance with the applicable data protection laws, in particular Australia’s Privacy Act and the 13 Privacy Principles (“APA”), the UK’s Data Protection Act (“DPA”) and the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.

WHAT IS PERSONAL DATA?

Personal Data is information that makes it possible to identify a natural person. This includes, in particular, your name, date of birth, address, telephone number, and e-mail address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.

WHAT IS PROCESSING?

"Processing" means and covers virtually any handling of data.

WHEN CAN WE PROCESS YOUR PERSONAL DATA?

All Personal Data that we obtain from you will only be processed for the purposes described in more detail below. In particular, we collect Personal Data only if:

• you have given your consent;
• the data is necessary for the fulfilment of a contract / pre-contractual measures;
• the data is necessary for the fulfilment of a legal obligation; or
• the data is necessary to protect the legitimate interests of our company and business.

We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular, commercial and tax law in accordance with Australia’s Commercial Law and Fiscal Code and others for up to 6 years). Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

DATA TRANSFERS

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

a) Internal

If necessary, we transfer your Personal Data within Kaloneo Beauty. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorised employees who need access to the data due to their job, e.g., to fulfil your order or to contact you in case of queries.

b) External bodies

Personal Data is transferred to our service providers and the specific brands that are offering their products on our website in the following instances:

• in the context of fulfilling your orders, shipping, and delivery,
• to use marketing services and to advertise our products online,
• to communicate with you,
• to provide our website and shop, and
• to state authorities and institutions as far as this is required or necessary.

We usually do not transfer Personal Data to countries outside Australia. However, if we do, we ensure that processing of your Personal Data is governed by processing agreements that include standard contractual clauses to ensure a high level of data protection.

SECURITY OF YOUR DATA

We take appropriate organisational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorised disclosure of, or access to, the Personal Data we collect and process. However, no method of collection, storage, or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions.

YOUR RIGHTS AND PRIVILEGES

a) Privacy rights

You can exercise the following rights under the APA:

• The right to information about the Personal Data concerned.
• The right to rectification of inaccurate Personal Data.
• The right to erasure of Personal Data.
• The right to restriction of processing.
• The right to object to processing.
• The right to object at any time to the processing of your Personal Data for the purposes of advertising and data analysis.
• The right to withdraw consent if you have given us consent to process your data.

You can exercise the following rights under the UK’s DPA and GDPR:

• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;

b) Update your information and withdraw your consent

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.

c) Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

d) Data Breaches and Notification

Databases or records containing Personal Data may be breached accidentally or through unlawful intrusion. As soon as we become aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised, and the notification will be accompanied by a description of the measures that will be taken to repair the damage caused by the data breach. Notifications will be sent as soon as possible after the violation is discovered.

e) Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. In Australia, this is the Office of the Australian Information Commissioner (“OAIC”) (www.oaic.gov.au). We would, however, appreciate the chance to deal with your concerns before you approach a data protection supervisory authority.

f) What we do not do

• We do not request Personal Data from minors and children;
• We do not process special category data without specific and expressly given consent.
• We do not use automated decision-making, including profiling; and
• We do not sell your Personal Data.

PURPOSES OF USE OF PERSONAL DATA AND LEGAL BASIS

a) Hosting

The hosting service used by us for the purpose of operating our website is Amazon Web Services (AWS). In doing so, AWS, processes inventory data, contact data, content data, contract data, usage data, metadata, and communication data of customers, interested parties, and visitors of our website and shop, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.

b)  Collection of access data and log files

We, or rather AWS, collect data on every access to our website on the basis of our legitimate interest. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address, and the requesting provider. Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.

c) Content Management System

We also use the Content Management System (CMS) of Duda to publish and maintain the created and edited content and texts on our website and shop. This also means that all content and texts submitted to our website are transferred to Duda. The legal basis for this processing is our legitimate interest.

d) Cookies

For the processing of personal data using cookies and similar technologies on our website, please refer to our Cookie Policy. The legal basis for the use of cookies is our legitimate interest or your consent when you agree to the use of technically nonessential cookies as further explained in our Cookie Policy.

e) Cookie consent

As set out in the APA, the UK’s Privacy and Electronic Communications Regulations (“PECR”) and the EU’s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of technically nonessential cookies. For this purpose, we use a cookie consent tool to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

f) Analytics

For business reasons, we analyse the data we have on web and server traffic patterns, website interactions, browsing behaviour, etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarised and anonymised values. For this purpose we use Google Analytics. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.

g) Contact options

We process and store the Personal Data provided in the contact inquiry solely for the purpose of processing and responding to your inquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection, and the message field itself. In addition, your IP address is processed out of technical necessity and for legal protection. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service, and your consent.

h) Shopping with us

We process your first name, last name, e-mail address, billing address, and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. The legal basis for processing is the provision of a contractual service.

Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use, and disclosure of their Personal Data.

i) User account

It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or access your order history. We will hold your data for further orders as long as you have your account with us.

j) Payment Data

To make a purchase, you may need to provide a valid payment method (e.g., credit card). Your payment information will be collected and processed by our authorised payment vendors, PayPal, Stripe, and Afterpay. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

k) Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks as well as the organisation of our business and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

l) Promotional use of your data

We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email using the services of Mailchimp by Intuit Inc, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.

m) E-mail advertising with newsletter registration

If you register for our newsletter, we use the data required for this purpose or separately provided by you in order to send you our email newsletter on a regular basis on the basis of your consent using the services of Mailchimp by Intuit Inc. Unsubscribing from the newsletter is possible at any time and can be done either by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data, or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

n) Postal advertising

In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g., to send you interesting offers and information about our products by post. This serves to protect our legitimate interests.

o) Social Media

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request, and the bases are both your consent and our legitimate interest.

In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behaviour and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. The legal basis is our legitimate interest.

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts, or comments that you send to us or leave on our profile, or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.

USA SPECIFIC PROVISIONS

The following applies to users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the EU’s GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations.

As of the day of drafting, the following states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.

Further, the following also apply

 i) “Shine the Light”

“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.

ii) COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

iii) CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

iv)Telephone Consumer Protection Act (TCPA)

If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalised direct advertising per SMS.

v) Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

vi)Right to complain

Finally, in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the abovementioned states may lodge a complaint with the relevant district attorney or attorney general office.   However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

CANADA AND MEXICO SPECIFIC PROVISIONS

Both Canada and Mexico have introduced data protection laws that are similar to the GDPR, namely Federal Law for the Protection of Personal Data in the Possession of Private Parties (“LFPDPPP”) supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in Canada. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico or Canada the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your personal data.

In terms of your right to complain, Canada’s national supervisory authority is the Office of the Privacy Commissioner (www.priv.gc.ca) and the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) is the national supervisory authority in Mexico (www.ifai.org.mx).

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you, please contact us using hello@kaloneobeauty.com.

CHANGES

The first version of this policy was issued on Thursday, 16th of January, 2025 and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.