Privacy policy

Last updated: [3rd May 2024]

Tomato Beauty Private Limited (“Company”, “we”, “our”, “us”) respects an individual’s privacy and is committed to protecting the same. This Privacy Policy (“Policy”) describes how we collect, use, disclose and transfer Personal Information (as defined below), through platforms controlled by the Company from www.tomatobeauty.com and mobile sites/application (collectively, the “Platforms”) of the individuals who browse, or access the Platform or provide information on or through the Platform, or whose information the Company otherwise collects, receives or processes in connection with the offer and sale of its products (“Products”) (hereinafter, collectively referred to as “Customers”, “you”, “your”) and ensure its compliance with applicable laws and regulations. This Policy does not apply to Personal Information collected from you offline (unless otherwise specified), to Company’s websites that do not link to this Policy, to Customers of countries other than India or to third-party websites to which Platform may link.

Please read this Privacy Policy carefully.

By accessing and/or using our Platform and providing the information as explained in this Policy, you consent to the collection and use of the information you disclose on the Platform in accordance with this Policy, including but not limited to your consent for sharing your information as per this Policy. We encourage you to read this Policy regarding the collection, use, and disclosure of your information. If you are not comfortable with any of the terms or policies described in this Policy, you may choose to discontinue usage of the Platform.

Further, you agree and consent to receive all communications related to our services on the mobile number provided by you to the Company, even if such mobile number is registered under DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018 (“TRAI Regulations”). Notwithstanding your registration with the National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under the Telecom Regulatory Authority of India), you hereby express your interest and accord informed consent to receive communications (including commercial communications) in relation to the Company’s services. You further confirm that no communication to you from the Company or on behalf of the Company shall be construed as Unsolicited Commercial Communication under Regulation 2(bw) of the TRAI Regulations and you have specifically opted to receive communications in this regard on the mobile number provided by you.

Further, you agree and consent to opt in to recieve messages and/or calls on Whatsapp, on the mobile number provided to you by the Company.

For the purpose of this Policy, the term “Personal Information” shall mean any information that relates to you, which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying you, which is submitted to and/or collected over the Platform and maintained by the Company in an accessible form, provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Personal Information for the purposes of this Policy.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

How We Collect Your Personal Information

We communicate with you through a variety of means and channels, including our Platform/ website, email, phone or text messaging on your mobile phone, although we do generally note that our preferred means of communication is email which has the least impact on the environment. Such communications may involve giving to you, as well as receiving information from you. We may collect and receive the Personal Information from a variety of sources. This includes

When you submit your Personal Information on our Platform: The Company collects and stores the Personal Information that you provide while using our Platform including when you enter your Personal Information into data fields on the Platform as part of a voluntary registration process. We also collect and store your Personal Information through sponsored social media platforms, events, etc. For example, you may submit your name, postal address, e-mail address, and/or other information in order to register, place orders for the Products, receive information about various Products, register for newsletters, receive offers, contact Company’s customer care service, or respond to the Company’s surveys. To protect your privacy, you should not provide the Company with any information that is not specifically requested or that you do not wish to share. You can choose not to provide certain information, but then you might not be able to use our Platform or certain features of our Platform.
Automatic collection: We automatically collect and store certain types of information whenever you interact with us. Such information includes information about your use of the Platform, your interaction with content and services available through the Platform. Like many websites, unidentifiable information may be collected using various technologies, such as cookies, Internet tags, and web beacons. Your Internet browser automatically transmits to the Platform some of this unidentifiable information, such as the URL of the Website you just visited and the browser version your computer is operating. Passive information collection technologies can make your use of the Platform easier by allowing the Company to provide better service, customize sites based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve the Platform. Certain features of the Platform may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identity you without additional identifiable information. We may also receive/store information about your location and your mobile device, including a unique identifier for your device.
Other sources: We might receive information about you from other sources, such as updated delivery and address information from third parties, which we use to correct our records and deliver your next purchase more easily. Further, we may receive information about you from third parties that feature our Products or promotional offers if you opt-in to receive information from us. You may also choose to participate in a third party application or social media sites through which you allow us to collect (or the third party to share) Personal Information about you, including usage information. We may also receive information, such as marketing related or demographic information about you from third parties to enhance our ability to tailor our content and offer you the Products that we believe may be of interest to you. The Company is not responsible for the privacy practices of such third-party websites which it does not own, manage or control.

What Personal Information We Collect

The Company collects information which helps ensure accurate and high quality products or services, to process your order of the Product and continually improve our Products and services.

When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Following are the categories/types of Personal Information that is collected and processed by us:

Contact Details including your name, e-mail and postal addresses, phone number(s), country;
date of birth, language preference, location;
any open data and public records such as information about you that is openly available on the Internet;
names of people to whom purchases have been shipped including address and telephone numbers, IP addresses;
Product interest information and in certain circumstances, your opinions and individual preferences, etc.;
You may also provide us with information like financial information such as bank account or credit card or debit card or other payment instrument details, password for availing the Products at our Platform;
We may also maintain a record of your Product interests and acquire information about you from our future affiliates;
Phone numbers used to call our customer service number.
We may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Platform.

What is the purpose of your Personal Information

The Company may use your Personal Information to:

Authenticate the identity of individuals contacting us by telephone, electronic means or otherwise;
Fulfill Product purchases and transactions;
Communicate with you about your account and activities on the Platform;
Sign up for our newsletter, respond to a survey or marketing communication;
Allow us to better serve you in responding to your requests;
To respond to reviews, comments, or other feedback provided to us;
Administer a contest, promotion, survey or other site feature;
Ask for ratings and reviews of the Products;
Follow up with you after correspondence (live chat, email or phone inquiries);
Allow you to log in with a social media account and share activities on your social media pages;
Comply with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our terms and conditions;
Help us learn more about your shopping preferences;
Conduct marketing and performance research to assist us in measuring our customer services, benchmarking our performance and to help us improve your shopping experiences and Product offerings;
Send communication related to order updates and offers through e-mail, SMS and social media channels;
Do internal research on our Customer’s demographics, interests, and behaviour to better understand and serve you;
Provide you with exclusive offers at the Platform, tailor content, advertisements, and we provide you, and improve the Platform and/or for internal business purposes;
Analyze trends, track Customer’s web page movements, help identify you and your shopping cart for aggregate use;
Determine which of the store locations containing our Products may be closest to you, provide promotional offers, and to offer Products to you;
Establish, exercise or defend legal rights in connection with legal proceedings (including any prospective legal proceedings) and seek professional or legal advice in relation to such legal proceedings; and
Comply with any applicable law, regulation, legal process or enforceable governmental request.

We process your personal data to perform a contract to which you are or will be a party. For example, we need to process your personal data to deliver a product or a service you bought, to allow you to take part in one of our competitions, or to send you samples that you have requested.

In some cases, we rely on legitimate interest for processing your personal data. A legitimate interest could exist for example, when you sign up for a loyalty scheme with one of our brands and we use the personal data collected to conduct data analytics to improve our products or services.

We also process personal information in order to comply with legal obligations. An example of this would be where we are required to retain business records for fixed periods of time in order to comply with local legal requirements.

Where appropriate, in limited situations, we may rely on your consent in order to process your Personal Information. Where we require your consent in order to collect and process certain Personal Information, we seek your consent at the time of provision, and such processing will only be performed where consent is secured. You can withdraw your consent, as per this Policy where applicable, by sending an email with the Subject : withdraw Consent to cared@tomatobeauty.com

We may also collect and/or generate anonymized and aggregated information from your use of the Platform. The anonymized or aggregated information is not Personal Information since we are not able to re-identify you using any means available to us from that anonymized or aggregated information. The anonymized and aggregated information is used for a variety of functions, including to help us identify and remediate any bugs, and to improve the performance of our Platform. The Company may use such information in a number of ways, including internal analysis, analytics and research. We may share this information with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

We maintain and/or intend to maintain a social media presence, such as a Facebook, Instagram, LinkedIn and X feed. You can interact with us through social media, such as by entering our contests, posting content, sharing material from our Platform, and using our social media plug-ins. When you interact with us using social media, we may receive information such as your user ID, your profile picture, photos you post, and similar information, which is often determined by your privacy settings at the relevant social media sites. We may use the information for the purposes we have described throughout this Policy. Your use of social media sites is primarily governed by the site operators’ privacy policies and terms of service, and the information you share with us and with others is largely controlled by the privacy settings you have established at those sites.

Payment Information: You may provide payment information when you use the Platform to buy our Products, including credit cards numbers, billing information using third-party intermediary PCI-DSS compliant service providers. The payment information is provided directly by you, via the Platform, into the PCI/DSS-compliant payment processing service to which the Company subscribes, and the Company does not, itself, process or store the payment information, except as stated herein. Further, these intermediaries are not permitted to store, retain, or use your billing information for any purpose except for payment processing on our behalf.

If you use the Platform, you are responsible for maintaining the confidentiality of your access information and password. You are responsible for restricting access to your computer, mobile device, etc., and you agree to accept responsibility for all activities that occur under your password. We cannot secure any information that you release on you own, that you request us to release or that is released through another third party to whim you have given access.

In case of our customer care support, we may record calls for quality and training purposes.

How We Disclose Personal Information

We share your Personal Information internally and with selected third-parties. They are either subject to this Policy or follow practices at least as protective as those described in this Policy:

Our affiliates and third parties;
Service providers who perform services on our behalf based on our instructions which inter alia include beauty partners providing beauty services to the Customers. However, these service providers will not be authorized to use or disclose such information except as necessary to perform services on our behalf or comply with legal requirements;
We do not rent or sell your Personal Information to any third party.
Should we plan to merge/sell all or substantially all of our business to another business entity or similar other transaction or be required by that business entity, we may transfer or disclose your Personal Information to that business entity who may collect, use or disclose such information for the purposes of evaluating the proposed transaction or for operating and managing the affairs of the acquired business or for other purposes identified in this Policy.
We may share Personal Information with our other corporate entities who may use the said information in accordance with this Policy to help detect and prevent identity theft, fraud, and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our Platform. If you have any objection to such sharing, then we request not provide us with any information.
We may retain other companies and individuals to perform functions on our behalf consistent with this Policy. Examples include order processing companies, courier companies, data analysis firms, customer support specialists, email vendors, web-hosting companies and fulfillment companies (e.g., companies that coordinate mailings). Such third parties may be provided with access to Personal Information needed to perform their functions but may not use such information other than on our behalf and in accordance with this Policy.
In addition, in some instances, you may be offered the opportunity to consent to the sharing of your information with a third party such as an event or promotion co-sponsor. If you consent, we will share your information with such third party and the information you provide may be used by such third party for their own purposes and in accordance with their own policies.
Notwithstanding anything contained in this Policy, we may disclose Personal Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to any court orders or other legal processes. We may disclose Personal Information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms and Conditions or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our Customers or the general public.

How long do we retain personal information

We will retain your Personal Information only as long as it is reasonably required or otherwise permitted or required by applicable law or regulatory requirements. We may also retain your Personal Information so long as it is necessary to fulfil the purposes for which it was collected (including for purposes of meeting any legal, administrative, accounting, or other reporting requirements).

Deleting your data

Under certain circumstances, you have right to request that we delete your data. If you wish to delete the personal data we hold about you, please let us know by contacting us at cared@tomatobeauty.com with the subject: Opt-out and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it. Please note that any processing that we have carried out before the withdrawal of your consent remains lawful. Provided that, notwithstanding such request, this information may be retained to comply with our legal obligations, resolve disputes and enforce our agreements.

Withdrawal of Consent

If you have consented to the collection, use and/or disclosure of your Personal Information as identified in this Policy, you have the right to withdraw this consent at any time by writing to us with the Subject :”Opt-out” at cared@tomatobeauty.com. Where you are providing location information via a mobile app, you may turn off your location services on your device at any time. Please note that any processing that we have carried out before the withdrawal of your consent remains lawful. Provided that, notwithstanding such request, this information may be retained to comply with our legal obligations, resolve disputes and enforce our agreements.

Use of Cookies

We may track your preferences and activities on the Platform. “Cookies” are small data files transferred to your computer's hard-drive by a website, while using a web browser (if you allow). They keep a record of your activities on the Platform making your subsequent visits to the site more efficient. The Cookies may store a variety of information, including, the number of times that you access the Platform, registration information and the number of times that you view a particular page or other item on the Platform. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies.
By continuing the use of the Platform, you are agreeing to our use of cookies. If you do not agree to our use of cookie, you can block them in your browser setting, but you may lose some functionality on the Platform.

We use cookies to:

Understand and save Customer’s preferences for future visits.
Keep track of advertisements.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. You may look at your browser’s help menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. It may affect the Customer’s experience that makes your site experience more efficient and may not function properly. However, you will still be able to place orders.

Customer Comments and Content

If you post any comments or content on our Platform, you should be aware that any information you choose to provide there may be read, collected, or used by the third parties. We are not responsible for the information you choose to submit, and we cannot guarantee that third parties have not made copies of or will not use such information in any way.

Links To Third Party Advertisents Or Websites

We may display links to websites that are owned or operated by third parties on our Platform. Please understand that these websites are independent from the Company, and the Company has no control over the content on that website, even if the Company provides information or Products to the owner of that website. The Company is not making any representations about, endorsing, or accepting any responsibility for the content or the use of such website. Further, we are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and the privacy policy of a third-party website before accessing or using it.

Third Party Analytics

We use third-party analytics services to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and mobile and internet usage. These third parties use cookies and other technologies to help analyze and provide us the information and, in some cases, connect such information with other data held by our, or third party, environments. You consent to the processing of information about you by these analytics providers in the manner and for the purposes set out in this Policy.

Employment Opportunities

We may provide you with a means for submitting your resume or other information through our Platform for consideration for employment opportunities at the Company. Information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your information within the Company, or keep it on file for future use, as we make our hiring decisions.

Children

Our Platform is not designed for individuals under the age of eighteen (18) and we do not knowingly collect Personal Information from anyone under the age of eighteen (18). If you are under eighteen (18) years of age, you may browse our Platform, but please do not provide your Personal Information to us. For example, you cannot register. If we become aware that we have inadvertently received Personal Information from a visitor under the age of eighteen (18) on the Platform, we will delete the information from our records as soon as possible.
Access to certain parts of the our platform and/or eligibility to receive prizes, samples or other rewards are generally limited to users over a certain age.
We sometimes use your personal data to carry out age verification checks and enforce any such age restrictions.

Security

We take the security of your personal data seriously. We endeavor to protect your personal data from misuse, loss, unauthorized access, modification or disclosure.
Our measures include use of passwords, confidentiality agreements, limiting access on a need-to-know basis wherever possible.
We implement a variety of security measures when a Customer enters, submits, or accesses their information to maintain the safety of your Personal Information.
However, we shall not be liable to any Customers for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the Customers due to the unauthorized access or misuse of the Personal Information by any third party.

Policy Review

Please note that we review and may make changes to this Policy from time to time. When changes are made, we will revise the “last updated” date at the top of this Policy, indicating that you should review the new terms, which will be effective immediately upon posting on this page. By accessing the Platform after any changes have been made, you signify your agreement on a prospective basis to the modified Policy and any changes contained therein.

Privacy Concerns/Complaints

If you are concerned about the handling of your Personal Information, or if you have any complaints or queries related to your Personal Information or our Policy, please contact:

cared@tomatobeauty.com with the subject: Privacy concern