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Terms & Conditions


Jemella Limited (trading as ghd ) – Privacy and Cookies Policy

Last updated: May 2016

We regard the privacy of our users as very important and any personal information which you provide to us will be dealt with in accordance with this Privacy and Cookies Policy.  Jemella Limited (trading as ghd) is a Data User  under the terms of the Personal Data (Privacy) Ordinance (Cap 486 of the Laws of Hong Kong) (the “PDPO”).  This Privacy and Cookies Policy sets out how we use and protect any personal information that you give us when you use ghdhair.com (the “Site”).  If you have any questions about this policy or do not agree with it, please contact us by e-mail at ghd-online@ghdhair.com or on +852 2274 5422 before using this Site.

We may change this Privacy and Cookies Policy from time to time by updating this page.  You should revisit this page from time to time to re-read this Privacy and Cookies Policy and ensure you are happy with any changes.  This Privacy and Cookies Policy is effective from May 2016.

What personal information do we collect?

In general, and unless you register with us and create an account, you can use this Site without giving us any personal information.  However, we may gather certain (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information.

If you do register with us we may offer additional services. When you register an account with us we may collect and use the following information:

  • your name and contact information (including postal address, e-mail address and telephone number) and any other contract details you provide to us;
  • financial information including card payment details;
  • information that you provide when you register and create an account with us;
  • information provided by salons when you purchase a ghd product from that salon;
  • information you provide if you report a problem with the Site;
  • records of any orders for products and/or services that you place through the Site;
  • records of any correspondence when you contact us;
  • records of any ghd competitions or promotions that you enter; and
  • details of your visits to the Site including, but not limited to, traffic data, location data and communication data and the resources that you access.

What do we do with the personal information we collect?

We use your personal information to provide you with a better service, and in particular for the following reasons:

  • to facilitate use of the products and services we may provide to you;
  • to process and collect payments from you where you purchase products from the Site
  • internal record keeping;
  • to improve our products and services;
  • to improve and personalise your experience when you visit the Site;
  • to advertise certain products which we think you might be interested in to you when you visit the Site or other external sites;
  • to communicate with you by e-mail, telephone or post if you have ordered or purchased products from us, either regarding the order or purchase or other matters regarding transactions between us or your customer relationship or account (if you have one) with us;
  • to contact you regarding any specific enquiry you make;
  • statistical analysis; and
  • subject to your consent, to contact you by e-mail, telephone or post for the purposes of direct marketing, market research, feedback opportunities and information about our products, services, promotions and events or requests from time to time.

Whom do we share this information with?

Your personal information will be used for the above purposes by relevant staff in ghd and by those who support them in their roles. It will also be made available to our authorised service providers who work with us and who perform certain services on our behalf e.g. providing IT support and maintenance, providing customer services, providing hosting services, providing marketing services and providing online payment services.  These service providers may access personal information in order to perform their functions on our behalf. They are not permitted to share or to use such information for any other purpose.  ghd may also share limited personal information with other companies within the ghd group of companies e.g. to the extent needed for proper management, parental analysis and decision making and/ or to fulfil your orders or otherwise provide services to you. 

ghd may also disclose your personal data:

  • in response to a court order, or a request for cooperation from a law enforcement or other government agency, to establish or exercise its legal rights, to defend legal claims, or as otherwise required or permitted by applicable laws and/or regulations;
  • when ghd believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of ghd, its customers, staff, suppliers or others, to comply with applicable law or co-operate with law enforcement, or to enforce its terms or other agreements; and
  • to prospective or actual buyers in the event that ghd sells any of its business or assets. 

Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.

Direct marketing and your preferences

ghd and other members of the Jemella group of companies may wish to provide you with information about new products, promotions, special offers and other which may be of interest to you and invite you to take part in market research. This communication may be by post, telephone, email or SMS.

ghd shall only contact you for direct marketing purposes if you have expressly consented to being contacted.  ghd will ensure that any direct marketing or market research that you receive or are contacted about by electronic means will provide a simple means for you to refuse further marketing.  For example, in emails it may provide you with an ‘unsubscribe’ link, or an email address to which you can send an opt-out request.  ghd and members of the Jemella group of companies will stop any marketing to which you object or withdraw your consent to within a reasonable period, allowing sufficient time for the change to be administered. You can change your mind at any time about marketing by informing ghd using the contact details set out at the top of this notice.  In such cases ghd would not necessarily remove all your personal data from its database(s) but would note and respect your changed direct marketing preferences.

How to get copies of or amend the information we have collected

You may request details of personal information which we hold about you under the PDPO at any time.  A small fee will be payable to cover our administration costs, which is currently £10.  If you would like a copy of the information held on you please contact us at ghd, Bridgewater Place, Water Lane, Leeds, LS11 5BZ enclosing a cheque or postal order for £10 made payable to Jemella Limited.

If you believe that any information we have about you is incorrect or incomplete, please inform us using the contact details set out at the top of this notice as soon as possible.  We will correct or update any information as soon as possible. 

Alternatively, you may correct any inaccuracies in the information you have provided to us by signing in to your online account.

Security and storage

Please remember that the internet is not a secure medium.  Communications over the internet such as e-mails are not secure unless they have been encrypted.

We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.  We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Site server - all your card details are passed from your browser to our secure payment gateway using secure sockets layer (SSL) encryption.  Our payment gateway providers use secure sockets layer (SSL) encryption system.  All other information transferred is conducted through a secure connection. 

Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.  All information provided through the Site is stored on servers located in the European Economic Area (EEA).  It will be processed by staff operating in the UK who work for ghd.  Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services.  By submitting your personal information, you agree to this transfer, storing or processing. ghd will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy and Cookies Policy. 

Cookies

We use cookies for certain areas of our Site, including but not limited to session cookies, third party cookies and persistent cookies.  Cookies are files that store information on your hard drive or browser that mean that our Site can recognise that you have visited the Site before and which are used to facilitate access to the Site, to tailor your experience of the Site and to allow you to move through processes including the payment processes on the Site. They make it easier for you to maintain your preferences on the Site (including by renumbering your log in details when you access restricted areas of our Site), and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. You can find out more information about the different types of cookies at www.allaboutcookies.org.  Please refer to the paragraph and link below for further detailed information about the cookies that we use on our Site.

We use cookies to:

  • place advertisements for our products on other external sites. We do this by allowing third parties including Google and Adserve to place cookies on our Site which allows them to identify your visit to our Site and preferences shown whilst on it, and your visits to subsequent third party websites in their adserving network. This allows us to serve tailored advertisements to you on those third party websites based on the information we have collected on your interests whilst you were visiting our Site.
  • help the Site to function correctly and ensure that the ‘add to basket’, navigation and country site settings are maintained.
  • monitor the Site’s performance and ensure that we deliver a fast browsing experience.
  • allow you to share content with social networks, express interest in content and connect with your social media networks.
  • to allow us to collect anonymous data about Site usage to help us improve the usability, content and user experience of the Site. This includes site analytics cookies such as Google Analytics. We also use Google Analytics to collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site.  We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the site from and the pages they visited.  For more information about the information gathered using Google Analytics please visit http://www.google.com/intl/en_uk/analytics/tos.html
  • to assess third party conversion by allowing us to collect anonymous data about how our marketing is performing.

Please click here for more detailed information about each type of cookie used on the Site, its purpose and whether it operates as a session or persistent cookie.

Upon your first visit to the Site you will be asked to ‘accept’ the use of cookies on the Site for all Site visits using a pop-up message box. If you reject the use of cookies on the Site then some of the Site features may not function properly. Should you ignore the pop-up message box yet continue to use the Site your use will be treated as consent to the use of cookies.

Will my personal data be transferred abroad?

Your personal data may be transferred and/or processed in countries outside the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).  We will ensure that transfers outside Hong Kong, are subject to adequate safeguard as data protection standards in those countries may differ from those in Hong Kong.

If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.

General

This privacy policy has been provided in both English and Chinese language.  Please note that the Chinese language version is provided for information only and that, in the event of any conflict or inconsistency, the English language version shall prevail. 

FEBRUARY 2017

INTRODUCTION

This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as ghd), a company incorporated in England and Wales (registered number 04115691) with its registered address at Bridgewater Place, Water Lane, Leeds, LS11 5BZ and ghd Hong Kong Limited, a company incorporated in Hong Kong with registration number 1960623, with its registered office at 10B Duke Wellington House, Central, Hong Kong (collectively, “ghd ” or “we/us/our”). ghd may be contacted at the above addresses.

 

We appreciate your interest in the products and services on the Site and your visit to the Site.

 

If you have any queries regarding the Site or any of the information or materials contained on or in it, please contact us by email at infohk@ghdhair.com or on +852 2274 5422.

 

The use of this Site is subject to these Terms of Use which set out the basic rules that govern your use of the Site (“Terms of Use”). Please read the Terms of Use carefully as it contains exclusions and limitations of liability.  By using the Site you confirm your acceptance of these Terms of Use and to be bound by them. If you do not agree to the Terms of Use, please do not use the Site.

 

TERMS OF USE

1. MODIFICATION

  1. may change, edit, delete or revise the content of this Site from time to time, including these Terms of Use. Please check this page for changes which have been made to the Terms of Use. Your use of this Site after a change has been posted constitutes your acceptance of the amended Terms of Use.

1.2 We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof at any time without notice.

2. TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS

2.1 These Terms of Use do not apply to the sale of goods via the Site (where applicable). We do not currently sell via the local ghd Hong Kong website to consumers. Therefore any sales to customers in Hong Kong will be subject to our UK Terms of Sale, which can be accessed here[DW1] .

2.2 Accessing certain services on the Site may require registration and the creation of an account. Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering. You will not be able to create an account unless you are at least 16 years of age. Please refer to our Privacy and Cookies Policy which covers what we do with the personal information which you provide to us.

2.3 When you register for an account on the Site, you will be asked to create a password. You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner. Please CLICK HERE if you need to reset your password at any time. You are responsible for all activities that occur under your account or password, and, subject to clause ‎6.5, we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

2.4 We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.

3. INTELLECTUAL PROPERTY

3.1 We are the owner or the licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights in this Site, and in the material published on it. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.

3.2 You may access this Site only to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

3.3 You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.

3.4 If you print off, copy or download any part of this Site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. LINKS TO THIRD PARTY WEBSITES AND RESTRICTIONS

4.1 The use of third party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.

4.2 These Terms of Use do not apply to any third party website linked to the Site. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

4.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Site on a third party site, without our prior written consent, which we may grant or withhold at our absolute discretion.

4.4 You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.

4.5 You must not attempt to gain unauthorised access to the Site, or our servers, or any hardware supporting the Site. Nor must you attempt to reconfigure the Site in any way. For the avoidance of doubt, the full details of any offences committed by site users under the the laws of Hong Kong including the Crimes Ordinance, Telecommunications Ordinance and the Theft Ordinance will be disclosed or reported to the relevant law enforcement authorities.

4.6 You must not misuse the site in any manner, including the introduction to the Site of any viruses, programmes or any other material that may be technologically harmful or malicious.

5. USER REVIEW AND CONTRIBUTIONS

5.1 Users of the Site may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below in clause ‎5.2 (“Contribution Standards”).

5.2 Contribution Standards

5.2.1 These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it including our ghd Showcase and Salon & Stylist Feed features. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

5.2.2 Contributions must:

5.2.2.1 be accurate (where they state facts);

5.2.2.2 be genuinely held (where they state opinions); and

5.2.2.3 comply with applicable law in Hong Kong.

5.2.3 Contributions must not:

5.2.3.1 contain any material which is defamatory of any person, obscene, offensive, hateful or abusive;

5.2.3.2 promote sexually explicit material;

5.2.3.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.2.3.4 carry out, advocate, promote, assist any illegal act or violation of any laws and regulation in Hong Kong, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;

5.2.3.5 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.2.3.6 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

5.2.3.7 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

5.2.3.8 give the impression that they emanate from us, if this is not the case.

 

5.3 Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are no longer permitted to use this Site. We will determine, in our discretion, whether there has been a breach of the Contribution Standards through your use of this Site. If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

5.3.1 immediate, temporary or permanent withdrawal of your right to use this Site;

5.3.2 immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;

5.3.3 issue of a warning to you;

5.3.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

5.3.5 further legal action against you; and

5.3.6 disclosure of such information to law enforcement authorities as necessary.

5.4 Any Contributions shall be and shall remain our property, and by making a Contribution to the Site you agree to assign to us all worldwide rights, title and interest in all intellectual property in your Contributions. Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions.

6. DISCLAIMER OF LIABILITY

6.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

6.2 Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.

6.3 Subject to clause 6.5 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

6.3.1 any indirect, special or consequential losses;

6.3.2 any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;

6.3.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings;

6.3.4 loss or damage to your, or any third party’s, data or records;

6.3.5 any actions taken in response to breaches of the Contribution Standards set out in clause 5.2 above; or

6.3.6 any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, and failure of a third party (including failure to supply data) and industrial action.

6.4 Except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

6.5 We do not seek to exclude or limit our liability to you for:

6.5.1 death or personal injury caused by our negligence;

6.5.2 fraud or fraudulent misrepresentation; or

6.5.3 any matter for which it would be illegal under applicable law for us to exclude, or attempt to exclude, or limit our liability.

7. MISCELLANEOUS

7.1 These Terms of Use are governed by the laws of Hong Kong and only the courts of Hong Kong will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

7.2 If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.

7.3 No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

7.4 Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.

7.5 Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.

7.6  The Chinese version of these Terms of Use are for your reference only, and can be accessed here.  In the event of inconsistency between the English version and the version of other language(s) of these Terms of Use, the English version shall prevail.

 

 

 


[DW1]Please link to UK terms of sale.

[DW2]Please add hyperlink to CN traditional terms of use.

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