Independent Beauty Consultant Privacy Notice
For over 50 years Mary Kay has provided limitless opportunities to Independent Beauty Consultants around the world. Trust is one of the cornerstones on which Mary Kay was built. It is in this spirit of trust and our Golden Rule philosophy that we are committed to protecting the personal information we collect about you.
This Privacy Notice was created specifically with you in mind. It describes the information we collect from Independent Beauty Consultants, how that information is used and protected, and the choices you can make about how we use and share your information.
We have separate privacy policies which deal with the information we collect from customers, and others.
Who We Are
Mary Kay Cosmetics (U.K.) Limited, company number 02767620, whose registered office is at Third Floor, Rear Building, Cowcross Studios, 30 Cowcross Street, London EC1M 6DQ, is a member of the Mary Kay worldwide group of companies and is the data controller responsible for your personal data. This privacy notice is issued on behalf of the Mary Kay group so when we refer to "Mary Kay, "we", "us" or "our" in this privacy notice, we are referring to the relevant Mary Kay group company responsible for processing your data.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.
Mary Kay Cosmetics (U.K.) Limited
Third Floor, Rear Building
30 Cowcross Street
London EC1M 6DQ
0207 380 8200
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. We cooperate with country data protection authorities if they believe that a privacy problem has occurred. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Information We Collect
In order to conduct our business relationship with you as an Independent Beauty Consultant, including to provide you with up-to-date product and business information for the efficient functioning of your Mary Kay business, Mary Kay collects the following information from or about you:
• Postal address
• Email address
• Username and password
• Phone number and/or mobile number
• Date of birth
• Demographic information
• Family information, including marital status
• Government identification number
• Independent Beauty Consultant number
• Name of your recruiter, Independent Sales Director, Independent National Sales Director
• Names of individuals recruited by you
• Product order history
• Payment information (such as a credit card or financial information in connection with your orders from the company)
• Commission history
• Customer Service call information
• Other information you may choose to share with us in connection to your Mary Kay business or which is shared about you by other Independent Beauty Consultants or consumers
Unless we specifically request or invite it, we ask that you not provide us with any information that is considered “special category” personal data under EU data protection laws (such as information related to your health). If we do ever ask for such information, we will seek your explicit consent to collect and use it and we will use it only for the specific purpose to which you have consented.
How We Use This Information
As a Mary Kay Independent Beauty Consultant you are in business for yourself but not by yourself. Generally, we use the information we collect from and about you to provide the products and services you and your customers request and to promote the efficient facilitation of the Mary Kay business opportunity, to fulfil our legal obligations, our contractual obligations with you, and for the purposes identified below where in our legitimate interests and such interests are not overridden by your privacy rights. Please note that we may process your personal information on more than one lawful ground depending on the specific purpose for which we are using it.
More specifically your information is used to:
• Send orders, samples, premiums, products and information
• Tell you about products, services, promotions and benefits offered by or through Mary Kay
• Develop new products and services
• Enroll you in contests, programs, promotions or offers you request
• Provide you with information about other services that we have arranged through third parties for your convenience
• Create and manage your account(s)
• Process payment for wholesale purchases or other services
• Provide services to help you better serve your customers
• Protect against or identify possible fraudulent transactions
• Provide information regarding products and promotions from strategic partners and complementary businesses
• Develop and provide product information, advertising and business tools tailored to your interests
• Analyze the use of our products, services and sites
• Understand how you are using our websites
• Understand how you are utilizing business tools offered by Mary Kay including personal websites and other e-commerce tools
• Determine the effectiveness of our advertising and promotions
• Enforce our Terms and Conditions and otherwise manage our relationship with you
• Comply with the Independent Beauty Consultant Agreement, Independent Sales Director Agreement and/or Independent National Sales Director Agreement, as applicable
• Calculate, process and send commission payments, prizes and awards
• Send general correspondence relating to your contracts or relationship with Mary Kay
• Comply with our contractual relationship with you and other Independent Beauty Consultants, Independent Sales Directors and Independent National Sales Directors
• Manage our sites and services so that we can continue to provide you with limitless opportunities as you engage in your Mary Kay business
• Meet any applicable government or regulatory requirements
We will only use this information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose.
• Your browser type and operating system
• IP address
• Web pages you view
• Links you click
• Mary Kay emails you open and/or forward
• Mary Kay offers or links you connect to via emails
• Web Sites which lead you to our site or are visited upon exiting our site
• Items selected
We use this information to provide you with a more user-friendly experience and to enhance the service and information we provide to you.
Your Choices And How To Access Your Information
As an Independent Beauty Consultant, it is necessary that we use your information in order to facilitate our contractual relationship with you and others, and to provide you with the most up-to-date information in order for you to be successful in the operation of your independent Mary Kay business. We offer access and choice with regard to your information in compliance with applicable law.
We give you choices regarding how we communicate with you.
Digital and Electronic Information
We send you promotional mobile or email messages that you have opted in to receive. Generally, you will have agreed to receive these communications when you sign up as an Independent Beauty Consultant or when you join the on-line community available to Independent Beauty Consultants, Independent Sales Directors and Independent National Sales Directors.
You can stop receiving particular promotional mobile and email messages from Mary Kay and third parties who may send information on our behalf by following the simple instructions provided in any such message you receive. It may be necessary to continue to send you certain information electronically pursuant to the terms of your Independent Beauty Consultant Agreement and relationship with the Company.
In connection with your status as an Independent Beauty Consultant we may mail you offers, product information and marketing tools that we believe are of interest to you. While certain materials are necessary to be sent to you by mail in conjunction with your status as an Independent Beauty Consultant, you can stop receiving certain promotional postal mail from Mary Kay. Contact Customer Service to update your preferences.
If you choose to stop receiving promotional messages from us, we will honour your request to the extent we can do so and still facilitate our agreements with you in relation to your Independent Beauty Consultant status. We will continue to send you service related communications. We may need to maintain the information we have collected about you for record keeping, contractual requirements, analysis or other reasons to the extent required/permitted by law.
We take steps to keep your personal information accurate. You can view, correct or update the personal contact information you provide Mary Kay. Most Mary Kay programs provide access to view or update personal information online including Mary Kay InTouch® and Personal Web Sites. You also have certain legal rights which are described below under ‘Data Subject Rights’. If you have any questions, you can contact us using the above contact details or contact Customer Service or the Global Privacy Team.
Sharing of Information
In general, we do not share personal information with marketers outside of Mary Kay. There are circumstances where special offers may be available to Independent Beauty Consultants by third-party companies and in those instances we will only provide your information if we have clearly provided notice and obtained your consent.
We may share your information with potential customers who have contacted us for a referral to an Independent Beauty Consultant, if allowed by law and/or if you give us specific permission to pass on this information to potential customers.
We share information with other Independent Beauty Consultants in order to facilitate contractual obligations pursuant to the Independent Beauty Consultant Agreement, including to your recruiter, Independent Sales Director(s) and Independent National Sales Director(s), for the purpose of honouring our agreements with you and with them. We only provide personal information needed in order to facilitate support for you and contractual compliance.
Third-Party Service Providers
We rely on third-party service providers to perform a variety of services on our behalf. In so doing, we may need to share your personal information with them but only for the purposes described in this Privacy Notice. Please note that we only provide our service providers with the personal information they need to perform their services and we require that they protect this information and do not use it for any other purpose.
We may rely on a service provider to:
• Fulfill your product and service requests and answer your questions
• Host our sites and deliver our email and mobile messages
• Mail product samples, contact contest winners, manage payments or take other actions on our behalf
• Analyse data, sometimes combined with other sources, to send more targeted communications to you or, at your request, for your customers
• Conduct research and analyse data to improve our products, services and sites
• Perform other services that we request
Sharing of Information within Mary Kay Independent Sales Force
• For purposes of recognition and awards
• To facilitate mentorship and connection within the independent sales force community
We may also disclose your personal information:
• In order to provide first class Golden Rule Service around the globe, we may share personal information with other Mary Kay entities through a protected environment.
• When required by law, and/or public authorities.
We may share aggregated information that does not identify you for general business analysis. For example, we may disclose the number of visitors to Mary Kay sites or services.
We may transfer personal information to Mary Kay databases, including Mary Kay, Inc., located in countries other than the country from which the information was provided, including the United Kingdom, the United States, and the Russian Federation. Mary Kay, Inc.’s Global Privacy Program requires the same high level of security and protection of personal information in all geographies with procedures and contracts in place to help ensure this is so.
Data may be transferred to a vendor or business partner to provide services for Mary Kay, such as mailing information or samples. These vendors and business partners are required to protect and manage the personal information to the same high standards Mary Kay does, and they cannot use the information for purposes other than to provide the services Mary Kay has requested. (See ‘Third-Party Service Providers’ above).
With respect to personal information received under the Privacy Shield Framework, Mary Kay Inc. is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. Under certain circumstances, it may be required to disclose personal information in response to lawful requests by public authorities, including national security or law enforcement requirements.
Mary Kay Inc. has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus. If you do not receive a timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Mary Kay, please visit the BBB EU Privacy Shield website at http://www.bbb.org/EU-privacy-shield/for-eu-consumers/
for more information and to file a complaint.
Mary Kay protects personal information under company control by industry standard security practices and measures, in order to prevent loss, misuse, unauthorized access, disclosure or alteration of the information. We limit access to personal information to those who have a business need for such information and we otherwise ensure that our security measures are appropriate to the harm which might be caused by any loss, misuse, unauthorized access, disclosure or alteration of the information. We do not keep personal information any longer than necessary to meet the business purpose for which it was collected, though in some cases, contractual, legal or regulatory reasons require that personal information not be deleted for certain time periods.
We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process it and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see ‘Data Subject Rights’ below for further information. However, please note that in some circumstances, we will be required by law to maintain certain personal data after such a request is made.
If we anonymise your personal data so that it can no longer be associated with you (for example for research or statistical purposes) we may use this information indefinitely without further notice to you.
Data Subject Rights
When your personal information is collected and used by Mary Kay Cosmetics (U.K.) Limited, or if you are an Independent Beauty Consultant based in the European Union and your personal information is collected or used by any Mary Kay group company then you have certain legal rights, known as ‘data subject rights’, which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of your personal information; (ii) obtain a restriction on the processing of or to object to processing of your personal information; and (iii) ask for a copy of your personal information to be provided to you, or to a third party, in a digital format. If you wish to exercise one of these rights, please contact us using the contact details set out in this privacy notice.
You will not have to pay a fee to access your personal information or to exercise any of the other rights described above. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive excessive, or results in unnecessary expenditures. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us to confirm your identity in order to access your personal information or exercise any of your other rights, in order to ensure that your personal information is not disclosed to an unauthorised person.
We reserve the right to change this Privacy Notice and any changes will become effective upon publishing the revised Privacy Notice on the Mary Kay UK web site, or as required by law. If we make material changes to this Privacy Notice, we will notify you by publishing a notice on the Mary Kay UK web site before the change comes into effect.
If you have any concerns or questions about the security of your information in connection with Mary Kay or any of our web sites, or if you have any additional questions relating to Privacy at Mary Kay please contact us using the contact details below:
Mary Kay Cosmetics (U.K.) Limited
Third Floor, Rear Building
30 Cowcross Street
London EC1M 6DQ
0207 380 8200
Mary Kay Global Privacy Team
16251 Dallas Parkway
Addison, TX 75001 U.S.A.