Privacy Policy

Overview

Alshaya Group.com is strongly committed to respecting the privacy of all persons using our websites and mobile applications ("the Web Sites/Apps") and the protection of any personally identifiable information which we may collect on our Websites/Apps and/ or use as part of our data collection process and/ or which you may choose to share with us in our stores or via telephone, email or otherwise (“the Other Channels”). Such personal information will be collected and/ or used in accordance with the terms and conditions of this Privacy Policy, which is part of and incorporated into the Terms of Use of the Web Site.

Your Express Consent to Collection and Use of Information

Alshaya Group reserves the right to collect such personally identifiable information as, name, address, telephone number, e-mail address, etc., as well as demographic, transactional and profile data such as IP address, internet domain or browser, referrer or user agent information or other relevant information that we use as part of our data collection process on the Web Sites/Apps or via the Other Channels, such as the use of cookies or certain other information you may provide to us, etc. ("Personal Information") as set forth in this Privacy Policy. We hold all such Personal Information on secure servers and treat it as fully confidential.

BY CHOOSING TO ACCESS OUR WEB SITES/APPS AND/OR COMMUNICATING WITH US THROUGH THE OTHER CHANNELS, YOU ARE INDICATING YOUR EXPRESS CONSENT AND AGREEMENT TO THE COLLECTION, TRANSFER, PROCESSING, USE AND STORAGE IN ACCORDANCE WITH THIS PRIVACY POLICY OF ANY PERSONAL INFORMATION WHICH MAY BE OBTAINED FROM YOU AS A RESULT. If you do not agree with any of the terms and conditions set forth in the Privacy Policy, or have any questions, please contact us directly at [email protected], and we will be pleased to assist you with your concerns. By accessing or using the Web Sites/Apps and/or communicating with us through the Other Channels, you grant Alshaya Group a non-exclusive, worldwide, royalty-free perpetual license to use your Personal Information for the purposes set forth herein.

We will not sell your Personal Information to third parties. We may, however, share selected customer information with the following third parties:

• our group companies;

• our franchisors;

• companies such as payment service providers, warehousing service providers and delivery companies for the purposes of processing your payment and managing your order, including delivery and returns;

• concessions and cosmetics partners who are responsible for delivering their products directly to you or providing services, such as makeovers, in our stores;

• purchasers and their advisors following a sale of all or part of our business, so that they can continue to provide services to you;

• third party databases to which Alshaya Group and/or one of our brands subscribes;

• government bodies or other authorities if necessary to comply with regulations or law or to assist with law enforcement, or to protect our property and other rights;

• agencies who help us collate statistics about site traffic, sales, demographics and other commercial information to enable us to tailor the services we provide to you and other customers.

We will retain your Personal Information for as long as it is legally required, and to support the business purposes for which it was obtained - we will then dispose of it promptly and securely.

Depending on your country of residence, we may transfer your Personal Information both inside and outside the European Economic Area.  When we transfer your Personal Information, we ensure a similar degree of protection is afforded to it by ensuring we only transfer it to countries that are deemed to provide an adequate level of protection for personal data and under contractual terms that provide appropriate data protection.

You have the following rights which you may exercise in relation to the Personal Information we process about you:   

  • to access a copy of your Personal Information;

  • to require us to correct inaccurate Personal Information;

  • to restrict our use of your Personal Information;

  • to object to our use of your Personal Information.

Where you wish to exercise any of these rights, you must first verify your identity to our satisfaction.

Cookies

As part of our normal data collection process on our Web Sites, the Web Site may deposit "cookies" in your device in order to identify you and/ or as a means of tracking the validity of sessions as well as enhancing your browsing experience. Cookies are small pieces of data that a website automatically sends to your computer, tablet or mobile phone while you are viewing the website.

We use two types of cookies on our website:

• “Session” cookies, which are used to allow you to:

• carry information from one page of our website to another without having to re-enter information; and

• access stored information when you are logged in to your online account.

• “Persistent” cookies, which allow us to offer you tailored content on our website by helping us to remember:

• any personal information that you have provided on previous visits to our website;

• the number of visits that you have made to our website; and

• your preferences

Third parties are not able to identify customers using cookies.

We also reserve the right to use an outside advertising company to display ads on our Web Sites. These ads may also contain cookies. While we may use cookies in other parts of our Web sites, cookies received with banner ads or from other third-party sources may be collected by any such third-party companies, and we do not have direct access to or control over such processes. No cookies used by Alshaya Group are stored permanently on your device. All cookies are automatically removed from your device either when you close your browser or your session times out.

By using our Websites, you agree to the placing of cookies on your device. However, if you do not want to receive a cookie from our Website, you may set your browser to refuse cookies or to notify you when you receive a cookie (to find out how to do this, please consult your browser’s help section). If cookies aren’t enabled on your device, it may limit your enjoyment of the Web Site.

To enable cookies:

If you're not sure of the type and version of web browser you use to access the Internet:

For PCs: click on 'Help' at the top of your browser window and select the 'About' option

For Macs: with the browser window open, click on the Apple menu and select the 'About' option

If you'd like to learn more about cookies in general and how to manage them, visit aboutcookies.org (opens in a new window).

If you'd like to opt out of cookies, please go to the Network Advertising Initiative website (opens in a new window).

Please note that we're not responsible for the content of external websites.

Protection of Personal Information Against Third-Party Access or Use

We store all Personal Information on a secure server and we seek to use procedures designed to protect Personal Information from accidental or unauthorised access, destruction, use, modification or disclosure. We will seek to ensure that your Personal Information is kept confidential and secure in accordance with this Privacy Policy, and that the appropriate technical and organisational measures to prevent unlawful or accidental destruction, accidental loss, unauthorised disclosure or access or other unlawful forms of processing are implemented. Although we will strive to take commercially reasonable security precautions regarding all Personal Information, visitors or users to the Web Sites/Apps acknowledge and agree that Alshaya Group does not control the transfer of information or data via the Web Sites/Apps or over any other electronic facilities or media.

Changes to Privacy Policy

Since we are constantly making changes and upgrades to our systems and services in order to better serve you, we anticipate updating this Privacy Policy from time-to-time. Therefore, we reserve the right to revise or alter the content of this Privacy Policy in any manner and at any time, without notice. Your subsequent and/ or continued use of the Web Sites/Apps and the other Channels following a posting of changes to the Privacy Policy will constitute your acceptance of such changes.

Third Party Web Sites

You may be able to access certain third-party websites through links on our Web Sites/Apps. We are not, however, responsible for any other websites, their respective privacy policies or other content nor how they treat information about their visitors or users. We strongly advise you to check their privacy policies to find out how they are treating your Personal Information.

All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

No Warranty

YOU UNDERSTAND THAT ALSHAYA GROUP DOES NOT PROVIDE ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND CONCERNING OUR ABILITY TO CONTROL, COLLECT, CORRECT, ACCESS, PROCESS, USE, STORE, PROTECT OR TRANSFER ANY PERSONAL INFORMATION OR CONCERNING THE EXISTENCE OR EFFECTIVENESS OF ANY SECURITY MEASURES UNDERTAKEN BY US. YOU AGREE THAT ALSHAYA GROUP WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES OF ANY KIND WHATSOEVER WHICH MAY RESULT FROM THE ACCESS, DISCLOSURE, USE OR MODIFICATION BY ANY PARTY NOT AUTHORISED OR AUTHORISED BY US, OR THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS INTO THE SYSTEM AND THEIR POSSIBLE EFFECTS ON YOUR PERSONAL INFORMATION.

Limitation of Liability

IN NO EVENT WILL ALSHAYA GROUP , ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR INSURERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY COSTS, DAMAGES (INCLUDING ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES), OR LIABILITY OF ANY NATURE, ARISING OR RESULTING FROM THE COLLECTION, USE, TRANSFER, PROCESSING OR STORAGE OF PERSONAL INFORMATION OBTAINED BY US AND RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITES/APPS OR COLLECTED VIA THE OTHER CHANNELS.

Governing Law; Jurisdiction

This Privacy Policy will be governed by the laws of the relevant country in which your Personal Information is first registered with Alshaya Group (“the Applicable Territory”).   For the avoidance of doubt, the relevant Applicable Territory may only include those countries in which Alshaya Group operates stores or the Websites/Apps as the case may be.   The exclusive jurisdiction for any claim, action or dispute with Alshaya Group under this Privacy Policy will be in the appropriate courts of the Applicable Territory.

TERMS & CONDITIONS #HMXME 

By responding to our request with the hashtag #yesHM you agree to the following:

You grant H&M, through H & M Hennes & Mauritz GBC AB [556070-1715], and Alshaya, through Alshaya Trading Co. WLL, (together hereinafter referred to as “H&M” a non-exclusive, royalty free worldwide license to use any photos and moving content in relation to which you have responded #yesHM, hereinafter referred to as “Photos and Moving Content” for its marketing and/or in its advertising, including the   online store, emails, social media – H&M channels and paid social media, store materials and other customer communications. H&M may use, reproduce, distribute, combine with other materials, alter and/or edit your Photos and Moving Content in its sole discretion.

You hereby represent and warrant that (i) you own all rights in and to your Photos, (ii) you have permission from any person(s) appearing in your Photos to grant the rights herein, and (iii) H&M’s use of your Photos will not violate the rights of any third party or any law. You hereby release and discharge H&M from all and any obligation to pay you for any use of your Photos and any of the intellectual property rights contained therein in connection with the uses described above; and You hereby release, discharge and agree to hold H&M and any person acting on H&M’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above.

To read these Terms and Conditions or Privacy Notice in your own language, please visit your local HM.com site. You can find the Privacy Notice in English below and in your own language on your local HM.com site.

If you want to remove Photos or Moving Content, please visit the Photo or the Moving Content were its placed on hm.com and press "report photo" or contact customer service.

PRIVACY NOTICE - HMXME

Data privacy is very important for H&M, and we want to be open and transparent about how we process your personal data. 

We therefore have a policy that establishes how your personal data will be processed and protected.

Who is the controller of your personal data?
The Swedish company, H & M Hennes & Mauritz GBC AB (“H&M”), is the controller of the personal data you submit to us, and it is responsible for your personal data under applicable data protection law. 

H & M Hennes & Mauritz GBC AB
Mäster Samuelsgatan 46
106 38 Stockholm
Sweden

Companies Register: Bolagsverket/Swedish Companies Registration Office
Corporate Identity Number: 556070-1715
Authorised Representative: Karl-Johan Persson
VAT Registration Number: VAT NO. SE556070171501

Why do we use your personal data?

We want to share and inspire different ways of wearing H&M products. We will use your personal data to share user-generated content by uploading the pictures you submit to us on all our platforms.

What types of personal data do we process?

We will process the following categories of personal data:

  • Instagram account name

  • photo

  • video

Who has access to your personal data?
Data that is forwarded to third parties is only used to provide you with the service mentioned above; third-party media agencies and technical suppliers use the data to upload the pictures you submit to us.

We never pass on to, sell to or swap your data with third parties outside the H&M group for marketing purposes.

On what legal grounds may we process your personal data?
We need to process your personal data to fulfill the service of HMxME.

We need to collect your personal data when uploading your pictures to HMxME to fulfill our commitments according to the terms and conditions for HMxME.

If you do not submit your personal data, we will not be able to upload your pictures to HMxME.

How long do we save your data?
We will keep your personal data for 24 months or until the agreement with H&M is terminated.

Where do we store your data?
The data that we collect from you is stored within the European Economic Area (“EEA”) but may also be transferred to and processed in a country outside of the EEA. Any such transfer of your personal data will be carried out in compliance with applicable laws.

For transfers outside the EEA, H&M will use standard contractual clauses and shields as safeguards in countries without adequacy decisions from the European Commission.

Who can access your data?
Your data may be shared within the H&M group (for details on the companies within the H&M group, please refer to our annual report, which is available at about.hm.com). We never pass on to, sell to or swap your data with third parties outside the H&M group for marketing purposes.

The local H&M company will only act as the personal data processor and process the personal data on behalf of the Swedish company.

Data that is forwarded to third parties is only used to provide you with our services. You will find categories of third parties under every specific process below.

What are the legal grounds for processing?
For every specific process from personal data we collect from you, we will inform you about whether the provision of personal data is statutory or required to enter a contract, whether it is an obligation to provide the personal data and the possible consequences if you choose not to.

What are your rights?
Right to access:
You have the right to request information about the personal data we hold about you at any time. You can contact H&M, and we will provide you with your personal data via email.

Right to portability: 
Whenever H&M processes your personal data by automated means either based on your consent or based on an agreement, you have the right to get a copy of your data transferred to you or to another party. This only includes the personal data you have submitted to us.

Right to rectification: 
You have the right to request rectification of your personal data if the information is incorrect, including the right to have incomplete personal data completed.

If you have an H&M account or are an H&M member, you can edit your personal data in your account and on membership pages.

Right to erasure:
You have the right to erase any personal data processed by H&M at any time except for the following situations:

  • you have an ongoing matter with Customer Service

  • you have an open order which has not yet been shipped or partially shipped

  • you have an unsettled debt with H&M, regardless of the payment method

  • you are suspected of misusing or have misused our services within the past four years

  • your debt has been sold to a third part within the past three years or one year for deceased customers

  • your credit application has been rejected within the past three months

  • if you have made a purchase, we will keep the personal data linked to your transaction for bookkeeping purposes. 

Your right to object to processing based on legitimate interest:  
You have the right to object to processing of your personal data that is based on H&M's legitimate interest. H&M will not continue to process the personal data unless we can demonstrate either legal claims or legitimate grounds for the process which overrides your interest and rights.

Your right to object to direct marketing:
You have the right to object to direct marketing, including profiling analysis made for direct marketing purposes.

You can opt out of direct marketing by the following means:
following the instructions in each marketing email
editing the settings of your H&M account

Right to restriction:
You have the right to request that H&M restrict the processing of your personal data under the following circumstances:
if you object to processing based H&M’s legitimate interest, H&M must restrict all processing of such data pending the verification of the legitimate interest.
if you have asserted that your personal data is incorrect, H&M must restrict all processing of such data pending the verification of the accuracy of the personal data.
if the processing is unlawful, you may oppose the erasure of personal data and instead request the restriction of the use of your personal data.
if H&M no longer needs the personal data, but you require the data to defend legal claims.

How can you exercise your rights?
We take data protection very seriously; therefore, we have dedicated customer service personnel available to handle your requests in relation to your rights stated above. You can always reach them at [email protected]

Data Protection Officer:
We have appointed a Data Protection Officer to ensure that we continuously process your personal data in an open, accurate and legal manner. You can contact our Data Protection Officer at [email protected] Write DPO in the Subject line.

Right to complain to a supervisory authority: 
If you consider H&M to be processing your personal data incorrectly, you can contact us. You also have the right to submit a complaint to a supervisory authority.

Updates to our Privacy Notice:
We may need to update our Privacy Notice. The latest version of the Privacy Notice is always available on our website. We will communicate any material changes to the Privacy Notice, for example the underlying purpose for processing your personal data, the identity of the Data Controller or your rights.

To read these Terms and Conditions or Privacy Notice in your own language, please visit your local HM.com site.

If you want to remove Photos or Moving Content, please visit the Photo or the Moving Content were its placed on hm.com and press "report photo" or contact Customer Service.