ESTEE LAUDER COMPANIES

HONG KONG CONSUMER PRIVACY POLICY

Last Update: 16th November, 2023

The Estée Lauder Companies respects your privacy and values the relationship we have with you.

The Estée Lauder Companies has a diverse portfolio of prestige brands. You can find a list of these brands on ELCompanies.com, each referred to in this Privacy Policy as a “Brand”.

This Privacy Policy describes how the Estée Lauder Companies brands in Hong Kong collect, use, disclose and safeguard your personal information. Unless otherwise indicated, all Brands in Hong Kong follow this Privacy Policy.

References in this Privacy Policy to “we”, “us”, “our”, “ELC” are references to the entity or entities in Hong Kong responsible for establishing the purposes for the processing of your personal information. See the Data Controllers section below for details.

TABLE OF CONTENTS

• ‧  Information we process
• ‧  How we collect information
• ‧  How we use information
• ‧  How we share information
• ‧  How you control your information
• ‧  How we use cookies
• ‧  How we use information to advertise
• ‧  International transfers
• ‧  How we protect information
• ‧  How long we retain information
• ‧  How we treat children’s information
• ‧  Updates to our privacy policy
• ‧  Your data controllers
• ‧  How to contact us

INFORMATION WE PROCESS

We may collect or process the following types of information about you. The specific information we collect about you will vary depending on how you interact with us. 

• ‧  Contact information and personal identifiers, such as your name, address, email address, telephone number, and username or social media handle.
• ‧  Device identifiers, such as information about your device like your MAC address, IP address, or other online identifiers.
• ‧  Demographic information, such as your age, or date of birth, sex, and gender.
• ‧  Physical characteristics, such as your hair type and color, skin type, and eye color.
• ‧  Biometric information, such as facial geometry if you use certain of our virtual try-on applications or skin diagnostic tools.
• ‧  Commercial information, such as the products or services you have purchased, returned or considered, and your product preferences.
• ‧  Payment information, such as your method of payment and payment card information (including payment card number, delivery address and billing address).
• ‧  Identity verification information, such as photo identification for in-store pick-ups at one of our retail stores, loyalty member ID, and authentication information (like passwords).
• ‧  Online or network activity information, such as information regarding your interaction with our websites, mobile applications, digital properties, and advertisements, information about your browsing and search history on our websites or mobile applications, and log file information like your browser type and webpages you visit.
• ‧  Geolocation information, such as information that can help identify your physical location (like your GPS coordinates or the approximate location of your device).
• ‧  Audio and visual information, such as recordings of your voice when you call our customer service and images we record through video surveillance in our retail stores.
• ‧  Professional or employment-related information, such as professional licenses or certifications in connection with our professional programs.
• ‧  Health and medical information, such as skincare concerns, diagnoses, medical reports and history.
• ‧  User Content, such as your communications with us and any other content you provide (including photographs and images, videos, reviews, articles, survey responses, and comments).
• ‧  Inferences drawn from or created based on any of the information identified above.

HOW WE COLLECT INFORMATION

We may collect personal information about you from various sources. For example:

• ‧  Directly from you, such as when you make a purchase on one of our websites or in one of our retail stores, contact us with a question or complaint, use one of our mobile applications or virtual try on experiences, create an account on one of our websites, register for one of our brand loyalty programs or marketing lists, respond to a survey, participate in a contest or other promotion, make an appointment or sign-up to attend an event.
• ‧  From your friends or family members, such as when your friend or family member sends you a gift or makes a referral.
• ‧  When you interact with our websites or emails. When you visit our websites, or when you open or click on emails we send you, we (and third parties we work with) may automatically collect information from your browser or device, such as device identifiers and online and other network activity information using technologies such as cookies, pixel tags, and similar technologies. Cookies are small text files that websites place on your Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Pixel tags are small images which are embedded into our websites or emails. We use pixel tags to collect information about your browser or device, how you interact with our websites, or whether you open or click on the emails we send you. Pixel tags also enable us (and third parties we work with) to place cookies on your browser.
• ‧  Through in-store and other offline technologies, such as video surveillance, traffic counting devices and WiFi technology in and around our retail stores, and call recording technology when you speak to customer service.
• ‧  From our business partners and service providers, such as demographic companies, analytics providers, advertising companies and networks, third-party retailers or distributors, and other third parties that we choose to collaborate or work with.
• ‧  From social media platforms and networks, such as Facebook, Instagram, Twitter, Pinterest, and Google. For example, we may obtain your information from a social media platform or network if you interact with us on social media or choose to log-in to our websites using your social media credentials.
• ‧  From other ELC Brands that you have interacted with.

We may combine the information we obtain from the above sources. For example, we may combine information we collect in our stores with information we collect online.  

It is voluntary for you to provide your personal information. However, from time to time where you do not provide information requested by us, we may not be able to provide you with your requested goods or services, or respond to your request.

HOW WE USE INFORMATION

We may use the information we have about you:

• ‧  To provide products and services to you, such as fulfilling orders and processing payments, creating, servicing and/or maintaining your account or loyalty program membership, identifying concerns and assisting with product recommendations, and managing current or past purchases. 
• ‧  To communicate with you, including to respond to your inquiries or complaints, and to help you place an order.
• ‧  To administer your participation in special events, contests, sweepstakes, surveys or promotions.
• ‧  For marketing and advertising (with your consent where applicable, please refer to Direct Marketing Section), such as to send you postal mail, text messages, email, push notifications or other messages, show you advertisements for products and/or services tailored to your interests on social media and other websites.
• ‧  To operate and understand your use of our websites and mobile applications, such as to remember your information so you do not have to re-enter it, understand your preferred method of purchasing with us; determine what browser and devices you use to visit our websites or mobile applications; and to evaluate and improve our services, advertisements, websites and mobile applications.   For example, we use Google Analytics on our websites. For specific details on how Google collects and uses your personal information when we use its services, please visit: How Google Uses Information From Sites Or Apps That Use Our Services.
• ‧  To operate and improve our business, including to conduct analytics, provide quality assurance and process adverse event or product related claims, conduct research and development, and perform accounting, auditing and other internal business functions.
• ‧  For legal and security purposes, such as to detect, prevent, and prosecute harmful, fraudulent, or illegal activity, loss prevention, identify and repair bugs on our websites or mobile applications, and to comply with applicable legal requirements, relevant industry standards and our policies.

We also may use your information in other ways for which we provide specific notice at the time of collection. 

HOW WE SHARE INFORMATION

We may share your personal information with:

• ‧  Our Brands. When you interact with a Brand, we may share your personal information with other Brands.  Those other Brands may use your personal information for marketing and advertising and other purposes identified in this Privacy Policy. See the Direct Marketing Section for details.
• ‧  Our Subsidiaries and Affiliates. We may transfer your personal information to our subsidiaries and affiliates on a need-to-know basis for the purposes identified in this Privacy Policy.
• ‧  Service providers. We may transfer personal information to service providers who perform services on our behalf based on our instructions. We do not authorize 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 process credit card payments, fulfill orders, and that provide website and application functionality, hosting, analytics, advertising and marketing services.
• ‧  Parties to a corporate transaction. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation).
• ‧  Advertising Companies. We work with third party advertising companies (such as advertising networks) to serve advertisements on our behalf. For additional information, see the How We Use Information to Advertise Section.
• ‧  Other third parties. In addition, we may disclose personal 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, (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, (iv) when disclosure of your personal information is otherwise required or permitted by law, or (v) with your consent (such as third-party salons and spas).

HOW YOU CONTROL YOUR INFORMATION

You have rights and choices in connection with the personal information we have about you. 

• ‧  Data Subject Rights: Depending on local laws, you may have rights with respect to your personal information. For example, you may be able to request access to the personal information we maintain about you, update and correct inaccuracies in your personal information, and have the personal information deleted or transmitted to a third-party.  You may request to access, change, correct or delete your personal information by emailing our Data Protection Officer at hongkongprivacy@estee.com . We may take reasonable steps to verify your identity when you make a request. You may also have the right to lodge a complaint with the data protection authority.

• ‧  Marketing & Advertising Preferences: Your online account may offer you the ability to edit your marketing preferences. You can also opt-out of receiving marketing communications (such as email, postal mail or text messages) by following the unsubscribe instructions sent within those communications or you can make a request by emailing us at hongkongprivacy@estee.com . When you unsubscribe from our marketing communications, we will no longer use the related personal information (such as your email address or phone number) for targeted advertising purposes.

• ‧  Mobile Device & Browser Preferences: Depending on your mobile device or web browser, we may request your location or request to send you push notifications. You can edit your preferences using the settings on your device.

• ‧  Cookie Preferences: You can choose how certain cookies are used in connection with our websites.  You can edit your cookie preferences at any time by editing your browser settings or,  selecting the “Manage Cookies” link available at the bottom of our Brand websites.  For additional details see the HOW WE USE COOKIES

HOW WE USE COOKIES

Cookies are small text files that websites place on your Internet-connected device to uniquely identify your browser or to store information or settings in your browser which allows us to remember you when you come back to our websites and provide you with personalized experiences and advertisements. We use different types of cookies on our websites, including strictly necessary cookies, performance cookies, functional cookies and targeting cookies.

You can view the types of cookies used on our websites and edit your preferences by accessing the “Manage Cookies” link at the bottom of our Brand websites. You can also edit your cookie preferences through your browser settings.  When editing your cookie preferences, please note that your settings only apply to the browser you use to submit your opt-out request, so if you use multiple browsers or devices, you must opt-out on each browser, on each device. Your opt-out is enabled using cookies so once you opt-out, if you delete your browser’s saved cookies on a device, you will need to opt-out again on that browser on that device.

Our websites are not designed to respond to “do not track” signals from browsers.

HOW WE USE INFORMATION TO ADVERTISE

We may use, disclose or otherwise process your personal information to advertise our products and services in different ways, including targeted advertising.   We work with third party advertising companies (such as advertising networks) to serve advertisements on our behalf.  These advertising companies may use cookies, pixel tags and similar technologies to collect device identifiers, online or network activity information, commercial information, or inferences, such as information about the websites you visit over time and the advertisements you click on to deliver advertisements that are targeted to you.  You can opt-out of cookie-based advertising based on your visits to our sites by editing your cookie preferences as described in the HOW WE USE COOKIES Section.  Please note that even if you opt-out, you may still see ads from us, but the ads will not be targeted based on the websites you visit over time and the advertisements you click on and may therefore be less relevant to you and your interests.

We also work with third-party platforms, including platforms operated by social networks, to show you advertisements or measure the effectiveness of our advertisements. We may convert your email address, telephone number, or other information into a unique value and have these third-party platforms match this unique value with a user on their platform or with other data they may have. This matching enables us to deliver advertisements to you and others on these platforms. You also can request that we refrain from using your personal information in this way by emailing us at hongkongprivacy@estee.com .

DIRECT MARKETING

We intend to use and provide your personal information for the purposes of conducting direct marketing and may not do so unless we have received your consent (which includes an indication of no objection) or written consent in the case of data provision.  Please note:

1. ‧  we intend to use and provide your such as your name and contact details for direct marketing purposes and intend to conduct direct marketing to you by electronic and non-electronic means including but not limited to by post, text messages, email, push notifications or other messages and advertisement;
2. we intend to conduct direct marketing in relation to the following products, services and marketing subjects:
   • ‧  beauty, skin care, body care, makeup, hair care, hair styling, shampoo, conditioners, cleansers, cosmetics, personal health, hygiene, perfumes, scents, aromas, deodorants, home fragrance, candles, tea and teabags, fashion and accessories;
   • ‧  our events, contests, sweepstakes, programs and promotions;
   • ‧  membership, loyalty, and reward programmes managed or operated by any of our Brands; and
   • ‧  other products and services related to any of those described above, which we think may be relevant to you based on information you provide to us (for instance, via your participation in our surveys);
3. ‧  the above products, services and subjects may be provided by us, any of our Brands, our subsidiaries or affiliates, and our business partners and/or our marketing partners;
4. ‧  in addition to marketing the above products, services and subjects by ourselves, we may provide your information such as your name and contact details to any of our Brands our subsidiaries or affiliates, and our business partners and/or marketing partners for use by them in direct marketing the classes of products, services and subjects described above, and we require your written consent (which includes an indication of no objection) for that purpose.

You can, at any time and without charge, send a request to us (see details below) together with your account details if you want to stop receiving direct marketing materials from us.

INTERNATIONAL TRANSFERS

In offering and providing our products and services, your personal information may be transferred, stored or processed in countries other than the country in which the information was originally collected (such as the United States). Those countries may not have the same data protection laws as your country of residence, and your personal information will be subject to applicable foreign laws. When we transfer your personal information to other countries, we will protect that information in the manner described in this Privacy Policy. We will also comply with applicable legal requirements providing adequate protection for the transfer of personal information, such as the conclusion of data transfer agreements, E.U. Standard Contractual Clauses, or other applicable data transfer mechanisms. If you have questions about our data transfers or would like to receive a copy of any applicable data transfer agreements (where required by law), you can submit a request by emailing us at hongkongprivacy@estee.com.

HOW WE PROTECT INFORMATION

We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use.  We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.

HOW LONG WE RETAIN INFORMATION

In general, we retain personal information as long as reasonably needed to achieve the purposes outlined in this Privacy Policy.  There are many factors that we use to determine how long personal information is retained, such as:

• ‧  the purposes for which the personal information was collected, including to provide our products and services;
• ‧  your marketing preferences and how you engage with our Brands;
• ‧  any legal or regulatory requirements that apply to the personal information; and
• ‧  whether the personal information may be relevant to us in protecting our own rights (e.g. applicable limitation periods).

For additional information about data retention policies, please submit a request by emailing us at hongkongprivacy@estee.com .

HOW WE TREAT CHILDREN’S INFORMATION

Our products and services are designed for a general audience and are not intended for or directed to children. 

UPDATES TO OUR PRIVACY POLICY

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a notice on our websites to notify you of any significant changes to our privacy practices and indicate at the top of the Privacy Policy when it was most recently updated.

YOUR DATA CONTROLLERS

A data controller is the entity or entities responsible for establishing the purposes for the processing of your personal information. The data controllers in Hong Kong are as follows:

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy or if you would like to exercise your rights, you can contact our Data Protection Officer by emailing us at hongkongprivacy@estee.com .

If we need, or are required, to contact you concerning any event that involves your personal information, we may do so by postal mail, telephone, email or through a notice on our websites.

Welcome to the BOBBI BROWN Website (the "Site")

Effective Date: 9th June, 2019

Estee Lauder (Hong Kong) Limited (“we”, “us”, or “our”) provides the content and services available on the website, www.bobbibrown.com.hk/en-hk (“Site”) to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). You may be accessing our Site from a computer or mobile phone device and these Terms and Conditions govern your use of our Site and your conduct, regardless of the means of access.

We may also interact with you on third party sites where we post content or invite your feedback, such as Facebook and LinkedIn (“Third Party Sites”). Our Terms and Conditions may provide guidelines in connection with our interactive services, including services that involve Third Party Sites, but we do not control those Third Party Sites, and these Terms and Conditions do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should also check the terms of use posted on Third Party Sites.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

1. Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

2. Products and Services for Personal Use

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

For Macau residents: You warrant and undertake that any products or samples that you purchase or receive from our Site for delivery to Macau are for personal use only and that you will comply with all applicable import and other legal requirements. We shall not be liable for any non-compliance with such import or other legal requirements.

3. Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.

4. Accuracy of Information

We endeavor to be as accurate as possible when describing our products and providing information on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

5. Intellectual Property

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks.

Except as set forth in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

6. Limited Licenses; Use Restrictions

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

• frame or utilize framing techniques to enclose the Site or any portion thereof;
• use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
• make any use of the Site or any Content other than for personal use;
• modify, reverse engineer or create any derivative works based upon the Site or any Content;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
• intentionally violate any applicable local, national or international law;
• transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
• engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”.

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

7. Your Obligations and Responsibilities

By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.

8. Your Account

(Subject to the age restrictions outlined above) You may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. If you choose to register at the Site, you are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time by emailing us at cs@hk.bobbibrowncosmetics.com We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

9. Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site including Third Party Sites. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these off-website pages or any other websites including Third Party Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-website pages or any other websites linked to or from the Site (including Third Party Sites), nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of all off-website pages and other websites (including Third Party Sites) that you visit.

10. Special Features, Functionality and Events

The Site may offer certain special offerings or events (such as contests, sweepstakes or other offerings) which may be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions. If you choose to take advantage of these offerings, you agree that your use of those offerings may be subject to such additional or separate terms of use, rules and/or policies.

11. User Content

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Deletion of User Content

If you wish to delete certain public User Content, such as your posting(s), on our website or in connection with our mobile applications, please contact us by email at cs@hk.bobbibrowncosmetics.com and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request. We also note that it may not be possible to entirely delete posting(s) because cached web pages may continue to exist.

12. Copyright Complaints

We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and a signed confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Our Designated Agent for notice for claims of copyright infringement is Gregg Marrazzo, Senior Vice President and Deputy General Counsel, The Estée Lauder Companies Inc., 767 Fifth Avenue, New York, N.Y. 10153. Telephone: (212) 277-2320, Email: gmarrazzo@estee.com.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO cs@hk.bobbibrowncosmetics.com.

13. Disclaimer of Warranties; Limitation of Liability

THE SITE IS PRESENTED “AS IS”. NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE THOUSAND HONG KONG DOLLARS (HK$1,000.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

14. Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or any Content (including User Content), or any of our products or services purchased on the Site, or your breach of these Terms and Conditions. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

15. Disputes

With respect to any dispute, claim or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”), as if the Terms and Conditions were a contract wholly entered into and wholly performed within Hong Kong. Any dispute relating in any way to your use of the Site shall be referred to and finally resolved by confidential arbitration in Hong Kong and you agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the “HKIAC Administered Arbitration Rules” in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration shall be conducted in English language. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

16. Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at cs@hk.bobbibrowncosmetics.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy

17. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at cs@hk.bobbibrowncosmetics.com

Remark: If there is any discrepancy between the Chinese and English versions of this policy, the English version shall prevail.