BES highly cares about your privacy and data protection.
We are committed to offering the highest standards of products and services. Thus, we value each of our existing or prospective client and aim at maintaining appropriate protection of your personal data (“Data”).
BES has implemented a robust data protection compliance program, which includes the adoption of the high-standard data protection principles of the applicable data protection laws at a global level and in particular the:
a. conclusion of an Intra Group Data Transfer Agreement (“IGTA”), which are based on the EU Standard Contractual Clauses. They should ensure the same level of protection by all BES entities and allow transfers of Data within BES’s organization globally;
b. creation of a Data Protection Office and a network of local data protection contacts;
c. adoption of internal policies and procedures to ensure compliance with applicable data protection laws and regulations;
d. implementation of appropriate technical and organizational measures to implement the data protection principles.
PART 1. - GENERAL PROVISIONS
1. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR DATA?
The BES Platforms and related data processing are operated / carried out by or on behalf of the respective BES entity (“BES” or “we”). Such BES entity may further share information with its affiliates in accordance with the safeguards foreseen in this policy (see Section 5 below). Any online sales on the e-commerce section of the website are made by the respective BES entity as set out in the applicable Terms of Sales.
If you want to contact BES or its Global Data Protection Office, please see under “10. How to contact BES for privacy queries” below.
2. WHAT DATA DO WE COLLECT AND HOW?
The specific type and scope of Data we collect about you depend on your activity on, and interaction with, the Platforms (e.g., whether you only browse through our Platforms or purchase a product or subscribe to our marketing communication) as well as the country in which you use the Platforms. The following Data may be collected through our Platforms:
a) Information collected when you use the BES Platforms for informative purposes only
- Information relating to your website use (“Log Data”):
When you use our Platforms for informative purposes only (e.g., you do not register on, purchase via or otherwise submit your Data through the website), your internet browser automatically collects, and transfers to us, certain basic information relating to your website use. Such Log Data may include :
- your browser type and version,
- your operating system and interface,
- used device,
- language preference,
- the website from which you are visiting us (referrer URL),
- webpage(s) you are visiting on our Platforms,
- date and time of your visit,
- part of your internet protocol (IP) address,
- your actions taken on the Platforms, and
the name of your access provider.
- Information processed by external social media providers (“Social Media Data”):
Our Platforms contain share buttons that enable you to share BES content with your friends through third party media platforms and /or social networks (such as Facebook and Instagram, “External Platforms”). The mere use of our Platforms does generally not involve data processing activities (including data transfers) in relation to the External Platforms. However, when you use the share button, these External Platforms may collect and otherwise process personal data about you.
For more information about the scope and purposes of the data processed by the External Platform provider, including your rights and setting option to protect your privacy, please see the privacy notice of the respective External Platform provider.
- Information processed through cookies (“Cookie Data”) :
- Information on parties to fight counterfeiting (“Anti-Counterfeit Data”) :
In order to fight against counterfeiting and infringement, BES has set up automated processes to collect information on companies or individuals who commit or are likely to commit acts that violate our rights in the context of the Platforms. This information will be accessible to any company legally authorized to use the BES trademarks that has been a victim of such violations, for the purpose of taking action or any necessary measures to protect their rights. We collect the following Anti-Counterfeit Data :
- identification information
- postal address
- information related to any electronic means used for counterfeit activities
- judiciary information related to proceedings
Some Data are collected from public sources (such as third parties websites).
b) Information collected when you purchase a BES product (“Purchase Data”)
If you purchase a BES product through our Platforms, we will collect Data through the purchase form to process the purchase order.
If you purchase a BES product through your account (see Section c) below), we additionally process your purchase history.
c) Information collected when you create an account on the Platform (“Account Data”)
If you create an account on the Platform to be able to order faster, track your order, create and keep your wishlist and / or receive exclusive news about BES products (if requested), we will collect Account Data through the account creation form.
d) Information collected when you subscribe to the BES newsletter or other marketing communication (“Marketing Data”)
If you subscribe to our newsletter or other marketing communication via the Platforms in order to receive information on BES collections, products, campaigns, shows and other events, we will collect Marketing Data through the Newsletter subscription form.
e) Information collected when you otherwise interact with us via the Platforms (“Request Data”)
The Platforms enable you or facilitate to get in touch with us, including to exercise your rights under Section 8 (as applicable), or share your opinion on BES products and services in many other ways than described above, e.g., via e-mail, telephone, letter or a data subject access request. The collection of Data depends on how you interact with us and what information you provide us with. If you contact us via the contact us form available on the Platforms, we collect the following Data:
- area of interest,
- topic/ purpose of the contact,
- title / gender,
- name (first name and surname),
- email address,
- further Data you share on a voluntary basis (e.g. postal address, phone number, your concern), and
- the content of your query or responses to surveys and questionnaires provided to us.
If you contact us to exercise your data subject rights (as applicable), we usually collect the following Data, depending on how you address the data subject rights request :
- type of relationship with BES (e.g., customer, employee or other),
- name (first name and surname),
- type of request (e.g. rectification or deletion request),
- contact details,
- country of residence,
- further request details necessary to process your request (e.g. identification details), and
- the content of your request provided to us.
If you make a service request (e.g., repair order, booking or warranty claim), we may collect the following Data :
- title / gender,
- name (first name and surname),
- contact details,
- product purchased,
- date of purchase,
- and further details relevant to address your request.
The website bespokesolutions.co.za offers click-to-chat and click-to-call functionalities.
Click-to-chat enables you to start a live chat with, and enjoy real-time support by our customer service. You can contact our customer service via live chat either as a guest or as a registered customer. In the latter case, the customer service may have access to certain portions of your Account Data in order to process and answer your request, such as:
- your name,
- contact details.
Click-to-call allows you to request a callback through the Platforms. If you request a callback, we collect:
- your phone number,
- and your preferred time for the callback.
f) Information collected when you apply for a job at BES or its affiliates (“Applicant Data”)
If you apply for a job at BES or its affiliates via the Platforms, we collect the following Data relating to your application:
- title / gender,
- name (first name and surname),
- country and city of residence,
- postal address,
- email address,
- phone number,
- educational level,
- spoken languages,
- work experience,
- further CV information,
- your preferred entry date,
- and further Data you may submit.
g) Information collected about you from third party partners
From time to time we may collect Data about you from third party partners (in order to enrich our data sets) or instruct such third party partners to provide their own Data about you to external platforms (“Third Party Data”) in order to provide you with tailored information about our products, services and events on external platforms or via such third parties.
Important General Notice : When we collect personal data through forms, including but not limited to electronic forms, we will indicate the mandatory fields via asterisks. Failure to provide the data marked with an asterisk could prevent you from accessing our products and / or services. While submitting any Data, including multimedia content (photographs, videos etc.), please ensure it is accurate and do not transmit any sensitive Data such as health information, political opinions, religious or philosophical beliefs, information on your sex life or sexual orientation, racial or ethnic origin, nor any content which is not expressly requested through a questionnaire or any other collection method (such as commercial information, advertising, personal creations, ideas, or concepts), unless this is required in exceptional cases (e.g. to report allergies).
Our website does not specifically focus on minors. If we should nevertheless inadvertently collect such information, the minor's legal representative can exercise the minor’s rights on his/her behalf and on his/her name at any time (see below).
3. WHY DO WE COLLECT AND PROCESS YOUR PERSONAL DATA?
If you are an existing or prospective client of, or if you apply for a job at BES or otherwise interact with BES via the Platforms, we may use your Data for the following purposes (“Processing Purposes”):
- enable you to browse through our Platforms and to use your personal online account (“Platform-related Purposes),
- enable you to obtain information on our products and services from our Customer Care Center, in our “Contact us” section for instance (“Request-related Purposes”),
- enable you to purchase BES products through our Platforms, in our BES boutiques and other points of sale (“Purchase-related Purposes”),
- enable you to access BES services in our BES boutiques and other points of sale, or on our Platforms – for instance, to book an appointment or to create a BES
- product wish list (“Service-related Purposes”),
- enable you to access our extensive after-sales care services on our BES products (“After Sales-related Purposes”)
- respect our legal obligations, including inter alia cosmetics regulations, the protection of our distribution networks, the fight against money laundering, credit card
- fraud, the fight against counterfeit and processing your data subject rights requests (“Regulatory-related Purposes”),
- collect your opinion on our BES products and services, in particular via surveys and questionnaires (“Product Improvement-related Purposes”),
- establish statistics, financial and commercial studies (“Studies-related Purposes”),
- keep you informed about our latest collections, products, campaigns, shows and other events by sending you our BES communications (by electronic mail, by post
- or via your phone: calls, chat, SMS and MMS and third-party media platforms; “Marketing-related Purposes”),
- improve our understanding of your interests and preferences so that we can deliver personalized offers and other services that would correspond better to your needs
- and wishes (“Preference-related Purposes”),
- process your application, including checking open positions via internal and external experts in the case of job applicants as well as maintain an applicant pool in
- order to be able to match future positions with potential candidates (“Application-related Purposes”).
4. HOW DO WE JUSTIFY THE PROCESSING OF YOUR DATA?
Each processing of your Data is legally based on your consent, the necessity to carry out a contract with you, a legal obligation and / or our overriding legitimate interest depending on the purpose of the processing.
5. TO WHOM COULD WE DISCLOSE YOUR DATA?
Within the BES Organization. To the extent permitted by law and taking into account the protection of your rights and freedoms in respect of the processing of your Data, your Data will only be accessible to a limited and defined number of recipients within the global BES entities (“BES Organization”) as further described below. We may transfer your Data to another legal entity for the purposes of a collaboration, joint venture, corporate reorganization, change of legal form or other similar event. In case of a merger or sale, your Data will be permanently transferred to the successor company. Anti-Counterfeit Data will be accessible to any company legally authorized to use the BES trademarks that has been a victim of such violations, for the purpose of taking action or any necessary measures to protect their rights.
If you are an existing or prospective client of BES or otherwise interact with BES via the Platforms (except by way of a job application), only the BES employees within the BES Organization that are working within the teams that need to have your information (for example, Customer Relationship Management, Commercial Management, Legal, Compliance and IT) will access your Data.BES may also send you communications relating to products or events related to the activities of other entities of the BES Organization. Third Parties outside of the BES Organization. We may in limited cases transfer your Data to governmental agencies and regulators (e.g. tax authorities), courts, and government authorities, all in accordance with applicable law and to external advisors (e.g., lawyers, accountants, auditors etc.), all acting as controllers. In this context BES may also have to transfer your Data to third parties when it receives a request by an authority empowered by law to do so, pursuant to applicable laws and regulations.
If you apply for a job through the Platforms, the BES entity receiving your application (see Section 2) may forward your application to external recruitment firms as necessary.
Service providers (within and outside BES): Your Data will generally not be disclosed to recipients outside the BES Organization. In some cases, however, BES makes use of external service providers acting on behalf of BES on the basis of contractual arrangements which will include strict data protection obligations. We will in particular provide your Data to service providers or suppliers (this may include other BES group companies) as part of our normal business operations to carry out certain IT-related tasks and who assist us in operating our Platforms, conducting our business, servicing you or protecting the security and integrity of our business (including IT maintenance, security and support service provider, hosting provider, payment provider, marketing and advertising partners, mailing or emailing services or customer care center).
6. INTERNATIONAL DATA FLOWS
Data disclosure as set out in Section 5 above may involve a transfer of your Data to countries that do not provide the same level of data protection. Applicable legal and regulatory requirements are taken into consideration before any cross border transfer of your Data.
- Any Data transfers outside your country that do not provide an adequate level of data protection will be secured through appropriate contractual guarantees which will also be in compliance with applicable laws and regulations, such as EU Standard Contractual Clauses;
- Data transfers among BES entities will ultimately be covered by the IGTA.
- The transfer of Data may also be based on your prior consent. Please note that, if you are an European Union or UK citizen, such a transfer may include possible risks if the country where your data is transferred to has not been recognized by European Union or UK authorities as granting sufficient data protection level (absence of an adequacy decision) and appropriate safeguards.
You may receive relevant portions of the aforementioned documents upon request as required by applicable law.
7. HOW LONG DO WE KEEP YOUR DATA?
Your Data generally (other than Applicant Data):
Alongside the commitment to offering the highest standards of services and products, we consider that our products should entitle you to personalized client treatment and incomparable after-sales services that may last for a lifetime for some products. For this purpose, and to ensure such services, we may need to keep your personal data for as long as it is needed for the provision of such services. Your Purchase Data will be retained until your last use or purchase of our services or goods as required or permitted by applicable local law or where we have a legitimate and lawful purpose to do so and in any case.
For any product sold on our website, we may keep your data for as long as it is necessary to comply with applicable legislation regarding product guarantee and safety and in order to follow up with you on the results of the product and offer you continuous advice. Your further Data will be retained as long as required by applicable local law or to the extent we have a legitimate and lawful purpose to do so. Please note that the storage period provided by legislation may vary per country.
We welcome and value applications from talented candidates. Subject to your consent, we may keep your Data on file for up to 2 years following your last visit to our candidate space and contact you if another appropriate opportunity arises if your previous application on the “Careers” section of our Platforms is not successful. In case you choose not to be contacted for future opportunities, your Data will be kept for up to 6 months after the end of the respective application process, unless shorter or longer retention is permitted or required by applicable local law.
8. WHAT ARE YOUR RIGHTS?
You may have the following rights to the extent and as provided by the law applicable to you which you can exercise through the contact details provided in Section 10:
- A right of access and information: you have the right to be informed in a concise, transparent, intelligible and easily accessible form of the way in which your Data is processed. You also have the right to obtain (i) confirmation as to whether or not Data concerning you are being processed, and, where that is the case (ii) to access such Data and obtain a copy thereof.
A right to rectification: you have the right to obtain the rectification of your Data. You also have the right to have incomplete Data completed.
A right to erasure : in some cases, you have the right to obtain the erasure of your Data. However, this is not an absolute right and BES may have legal or legitimate grounds for keeping such Data.
A right to restriction of processing : in some cases, you have the right to obtain restriction of the processing of your Data.
A right to data portability : you have the right to receive your Data which you have provided to BES, in a structured, commonly used and machine-readable format, and you have the right to transmit those Data to another controller without hindrance from BES. This right only applies when the processing of your Data is based on your consent or on a contract and such processing is carried out by automated means.
A right to object to processing : you have the right to object to processing of your Data when such processing is based on the legitimate interest of BES. BES may, however, invoke compelling legitimate grounds for continued processing. You also have the right to object at any time to the processing of your Data for marketing purposesous.
To unsubscribe from our “Newsletter” you may also use the above channels or simply by clicking on the “unsubscribe” link at the bottom of each Newsletter.
You have the right to lodge a complaint with a competent supervisory authority.
9. WHAT COOKIES DO WE USE AND HOW CAN YOU OBJECT TO SUCH USE?
Cookies are pieces of information that any website or other Platforms may transfer to your browser that are then stored in your computer system. For example, the deposit of cookies enhances your online experience by allowing us to save your preferences.
When you use the Platforms, we send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits of our Platforms. Your web browser may provide you with some options regarding cookies. Please note that if you delete, or choose not to accept, cookies, you may not be able to utilize the features of the services provided via the Platforms to their fullest potential. We use third party cookies in connection with the services provided via the Platforms as well. For instance, we use Google Analytics to collect and process certain analytics data. We do not process or respond to web browsers' "do not track" signals or other similar transmissions that indicate a request to disable online tracking of users who visit our Platforms or use the services provided via our Platforms.
- personalize our Platforms and the services provided via our Platforms, such as remembering your Data so that you will not have to re-enter it during your use of, or
- the next time you use, our Platforms and the services provided via our Platforms;
- provide customized advertisements, content, and information adapted to your profile;
- monitor and analyze the effectiveness of our Platforms and the services provided via our Platforms and third-party marketing activities adapted to your profile;
- monitor aggregate site usage metrics such as total number of visitors and pages viewed; and
- track your entries, submissions, and status in any promotions or other activities offered through our Platforms and the services provided via our Platforms (services
- adapted to your profile). For example, this may help us to monitor rates of emails opened. Tracking technology also helps us manage and improve the usability of the
- Platforms, (i) detecting whether there has been any contact between your computer and us in the past and (ii) to identify the most popular sections of the Platforms.
- We may also collect your shortened IP address on a non-readable basis, which does not allow us to directly identify you.
Depending on the local version of the Platform you are using Cookies Settings may provide you additional information about the cookies used by BES as well as specific consent settings if you do not wish BES to use all or part of the above-mentioned cookies.
You may also disable the installation of “cookies” by configuring your browser appropriately.
Please be aware that restricting cookies may impact your user experience and may prevent you from using parts of our Platforms or services.
10. HOW DO YOU CONTACT BES FOR PRIVACY QUERIES?
To exercise your rights please send your request to our Customer Service Department as indicate below and communicate the following information: name, surname, e-mail and any other information necessary to confirm your identity in order for us to process the request (such as your postal address).
- by mail: BES (Pty) Ltd. 19 Hengilcon Ave, Blairgowrie, Randburg, GP, 2194. Attn: Head of Data Privacy
- by email: firstname.lastname@example.org;
- by addressing it to our BES boutiques or other points of sale.
Global Data Protection Office
Bespoke Entertainment Solutions (Pty) Ltd.
19 Hengilcon Ave, Blairgowrie, Randburg, GP, 2194
Attn: Head of Data Privacy
By email : email@example.com