Privacy policy

What does this policy cover?

This policy describes how Nykaa Fashion Private Limited (also referred to as "Nykaa Fashion", "we" or "us") will make use of your data when you use our website (www.international.nykaafashion.com) or purchase goods and services from us.  

It also describes your data protection rights, including a right to object to some of the processing which Nykaa Fashion carries out. More information about your rights, and how to exercise them, is set out in the “What rights do I have?” section.

What information do we collect?

We collect and process personal information about you when you interact with us and our website and when you purchase goods and services from us.  This includes:

• identity and contact details, including your name, email address, address, contact number;
• transaction details, including your order history and information needed to process and fulfil your order such as order details, payment details, billing and delivery addresses, where you make purchases from us;
• communication information, including metadata, received via emails, SMS, instant messages and calls you make to us when you contact us with questions, feedback, survey responses or otherwise correspond with us;
• data about othersfor whom you make a purchase, such as name, delivery address and phone number. Please do not make a purchase for someone or share their contact information with us unless you have their permission to do so.
• technical information, including information related to the browser type or version and device type you use to access our website, your IP address, login data, location information, and network carrier.
• profile and usage information, including, username and password, product preferences, your marketing preferences, including any consents you have given us, data about how you use our website or web-based properties, the services you viewed or searched for, page response times, download errors, length of visits and page interaction information (such as scrolling, clicks, and mouse-overs). To learn more about our use of cookies or similar technology please see the ‘information about our use of cookies’ section below.

We receive information from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.

How do we use this information, and what is the legal basis for this use?

We process this personal information for the following purposes:

• To fulfil a contract, or take steps linked to a contract: this is relevant where you make a purchase from us or enter a competition we run. This includes:
  • verifying your identity;
  • taking payments;
  • communicating with you;
  • providing customer services and arranging the delivery or other provision of products, prizes or services;
• As required by Nykaa Fashion to conduct our business and pursue our legitimate interests, in particular:
  • we will use your information to provide products and services you have requested, and respond to any comments or complaints you may send us;
  • we monitor use of our websites and online services, and use your information to help us monitor, improve, troubleshoot and protect our products, content, services and website;
  • we use information you provide to recommend features, products, and services that might be of interest to you, identify your preferences, personalise your experience with Nykaa Fashion, including our website, products or services;
  • if you provide a credit or debit card as payment, we also use third parties to check the validity of the sort code, account number and card number you submit in order to prevent fraud;
  • we monitor customer accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;
  • we use information you provide to investigate any complaints received from you or from others, about our website or our products or services;
  • we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation); and
  • we use data of some individuals to invite them to take part in market research.
• Where you give us consent:
  • we will send you direct marketing in relation to our relevant products and services, or other products and services provided by us, our affiliates and carefully selected partners;
  • we will use your personal information to display interest-based ads for features, products, and services that might be of interest to you, we place cookies and use similar technologies in accordance with the information below (see ‘information on our use of cookies’ section) and the information provided to you when those technologies are used; and
  • on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
• For purposes which are required by law:
  • in response to requests by government or law enforcement authorities conducting an investigation.

 

Information about our use of cookies

What are cookies?

A cookie is a very small text document, which often includes an anonymous unique identifier. Cookies are created when your browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server. Find out more about the use of cookies on www.allaboutcookies.org.

We also use other forms of technology which serve a similar purpose to cookies and which allow us to monitor and improve our website. When we talk about cookies, this term includes these similar technologies.

What cookies do we use and what information to they collect?

• Necessary cookies: these cookies are required to enable core functionality. Without these cookies, services you have asked for cannot be provided. If you disable these cookies certain parts of the Services will not function for you.
• Analytics cookies: these cookies help us improve or optimise the experience we provide. They allow us to measure how visitors interact with the Services and we use this information to improve the user experience and performance of our website and the Services. These cookies are used to collect technical information such as the number of pages visited, which parts of our website are clicked on and the length of time between clicks.
• Functional cookies: We may use cookies that are not essential but enable various helpful features on the Site. For example, these cookies collect information about your interaction with services provided on the Site.
• Advertising cookies: we use these cookies to collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. We may share this information with other parties who help manage online advertising – please see the "Third Party" section below for more details.

Third parties

Finally, we may use web beacons or similar technologies from third-party analytics providers (like, for example, Google Analytics) that help us compile aggregated statistics about the effectiveness of our promotional campaigns or other operations. These technologies enable the analytics providers to set or read their own cookies or other identifiers on your device, through which they can collect information about your online activities across applications, websites or other products.

You should review the privacy and cookie policies of these services to find out how these third parties use cookies and whether your cookie data will be transferred to a third country. A list of the third parties who place cookies on the website or the Services can be found here.

 

 

Additionally, Shopify uses pixels and tags from the following third parties, which may in turn place cookies:

 

Who will we share this data with, where and when?

We will share your personal information with other Nykaa group companies (including FSN E-Commerce Ventures Limited, FSN Brands Marketing Pvt. Ltd.) to help provide you with products and services and support our administration.

Personal information may be shared with auditors, regulators, government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.

Personal information will also be shared with third party service providers, who will process it on behalf of Nykaa Fashion for the purposes identified above.  Such third parties include providers of website hosting and maintenance, call centre operators, payment providers, delivery companies and identity checking providers.

In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.

Cross-Border Data Transfer

Nykaa Fashion is headquartered in India and may have service providers in other countries. Your personal information may be transferred to India or other locations outside of your country, or other governmental jurisdictions where privacy laws may not be as protective as those in your jurisdiction. However, we take steps to ensure your personal information is adequately protected, as required under your local laws. Please see below our Notice to EEA/UK Visitors and Notice to California Visitors for relevant information depending on your location.

Security of your personal information

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

We have also put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long we keep your personal information

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for

Updates to this privacy notice

We reserve the right to update and change this notice from time to time in order to reflect any changes to the way in which we process your personal information or changing legal requirements. Any changes we may make to our notice in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our notice.

Contact details

We hope that we can satisfy queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt out of direct marketing, you can get in touch at support.intl@nykaafashion.com or by writing to Nykaa Fashion Pvt. Ltd., 102,1st floor, Vasan Udyog Bhavan, Sun Mill Compound, Senapati Bapat Marg, LOWER PAREL, Mumbai – 400013, India.

Notice to EEA / UK Visitors

Effective Date: Dec 23rd, 2022

The information provided in this “Notice to European Visitors” section is supplemental to the policy above and applies only to individuals in the European Union, the European Economic Area or the United Kingdom (collectively, “Europe”).

Data Controller: The controller of your personal information covered by this policy for purposes of European data protection legislation is Nykaa Fashion Private Limited,104, Vasan Udyog Bhavan, Sun Mill Compound, Lower Parel, Mumbai 400013, India.

Legal bases for processing: The legal bases of our processing of your personal information as described in our policy above under the section “How do we use this information, and what is the legal basis for this use?

Your rights

You have various rights with respect to our use of your personal information:

• Access: You have the right to request a copy of the personal information that we hold about you. There are exceptions to this right, so that access may be denied if, for example, making the information available to you would reveal personal information about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal information held about you. If you wish to do this, please contact us using the contact details provided below.
• Accuracy: We aim to keep your personal information accurate, current, and complete. We encourage you to contact us to let us know if any of your personal information is not accurate or changes, so that we can keep your personal information up-to-date.
• Objecting: In certain circumstances, you also have the right to object to processing of your personal information and to ask us to block, erase and restrict your personal information. If you would like us to stop using your personal information, please contact us.
• Porting: You have the right to request that some of your personal information is provided to you, or to another data controller, in a commonly used, machine-readable format.
• Erasure: You have the right to ask us to erase your personal information when the personal information is no longer necessary for the purposes for which it was collected, or when, among other things, your personal information have been unlawfully processed.

Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint with the applicable supervisory authority, or to seek a remedy through the courts.

To exercise any of these rights, you can write to us on support.intl@nykaafashion.com

For the purchase of our goods and fulfilment of delivery the provision of certain personal information is mandatory: if relevant data is not provided, then we will not be able to accept your offer to purchase goods nor fulfil delivery.

Right to withdraw consent

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests.  You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us at support.intl@nykaafashion.com.

Transfers outside of the EEA and UK

Where information is transferred outside the EEA and UK, and where this is to a stakeholder or vendor in a country that is not subject to an adequacy decision by the EU Commission or under the UK government adequacy regulations or considered adequate as determined by applicable data protection laws, we take steps to ensure your personal information is adequately protected. This includes using the EU Commission approved standard contractual clauses, the UK Information Commissioner approved standard contractual clauses or a vendor's Processor Binding Corporate Rules.

NOTICE TO CALIFORNIA RESIDENTS

Effective Date: Dec 23rd, 2022

This Notice for California Residents supplements the information contained in Nykaa Fashion Private Limited’s (“Nykaa Fashion” or “we”) Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

 

Information We Collect

Nykaa Fashion has collected the following categories of personal information from its consumers within the last twelve (12) months:

 

 

Personal information does not include publicly available information from government records, deidentified or aggregated consumer information, and information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

 

Sharing Personal Information

Nykaa Fashion may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We may share your personal information with the following categories of third parties:

• Service providers;
• Data aggregators;
• Social networking sites;
• Companies affiliated with Nykaa Fashion, including licensees and joint venture partners, who may be located outside the United States;
• In the event there is a change in the corporate structure of Nykaa Fashion including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, we may, in our sole discretion, transfer, sell or assign users’ information collected on and through the Site to one or more affiliated or unaffiliated third parties or successor in interest; and
• Governmental and/or law enforcement agencies.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Nykaa Fashion has disclosed the following categories of personal information for a business purpose:

 

Category A: Identifiers.

• Name
• Email Address
• Shipping Address
• Contact Number

Category B: California Customer Records personal information categories.

• Name
• Email Address
• Shipping Address
• Contact Number
• Credit/debit card number

Category C: Protected classification characteristics under California or federal law.

• Gender

Category D: Commercial information.

• Order History

Category F: Internet or other similar network activity.

• IP Address
• Pages viewed
• Browser details
• Device details

Category G: Geolocation data.

• Shipping Address

Category K: Inferences drawn from other personal information.

• Product preferences

Sales of Personal Information

In the preceding twelve (12) months, Nykaa Fashion has not sold personal information. Nykaa Fashion does not sell personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Nykaa Fashion disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you;
• The categories of sources from which we collected personal information about you;
• Our business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom we share that personal information; and
• The specific pieces of personal information we collected about you (also called a data portability request).

Additionally, if we sold or disclosed your personal information for a business purpose, we will provide you with two separate lists disclosing:

1. The categories of personal information Nykaa Fashion sold to third parties in the preceding twelve (12) months; and
2. The categories of personal information Nykaa Fashion disclosed for a business purpose to third parties in the preceding twelve (12) months.

Deletion Request Rights

You have the right to request that Nykaa Fashion delete any of your personal information that it collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request in compliance with the CCPA if retaining the information is necessary for us or our service provider(s) to, among others: complete the transaction for which we collected the personal information, provide a good or service that you requested or take actions reasonably anticipated within the context of our ongoing business relationship with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; comply with a legal obligation; or make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

• writing to us at intl@nykaafashion.com
• Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:

 

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to 45 days), we will inform you of the reason and extension period in writing within the initial forty-five (45) days after receipt of the verifiable consumer request.

If you have an account with us, our written response to your verifiable consumer request will be delivered through such account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  For data portability requests, we will select a format that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Any disclosures we provide pursuant to a verifiable consumer request will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt.  If applicable, our response will also explain the reasons we cannot comply with your request. 

We do not charge a fee to process or respond to your verifiable consumer request, unless such request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons of such decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at (800) 952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: www.ftc.gov.

Shine the Light Law

You may request that we not share your information with certain affiliates or third parties providers for direct marketing purposes, and/or you may inquire as to how we have shared your information with third parties providers for direct marketing purposes.  In connection with such request, we will identify the types of information shared and provide you with the names and addresses of the third parties with whom the information was shared. 

If you would like to receive any such information, please contact us at support.intl@nykaafashion.com . Any such request must include “California Shine the Light Request” in the subject line and include your name, street address, city, state and ZIP code.  We will respond to your request within thirty (30) days of receipt of the same, and our response will cover any information shared with third parties for direct marketing purposes during the preceding twelve (12) months.  Please note that we are only required to respond to one request per customer each calendar year.