PRIVACY NOTICE
Customer commitment to data protection and privacy
Protecting personal data and your privacy is of greatest concern for the H&M Group. In this Privacy Notice we want to give a clear, concise, and transparent communication on the collection, use, processing, storing, etc. of personal data relating to customers of the H&M Group.
The H&M Group consists of company affiliates of H & M Hennes & Mauritz AB and its brands; H&M, COS, Weekday, Monki, H&M HOME, & Other Stories, Arket and Afound.
Within the meaning of this Privacy Notice “customer of H&M Group” means former, current and potential customer or user of a product or service offered by an H&M Group affiliate or brand, visitors to one of our official websites or stores, member of a loyalty program or community.
Principles
The H&M Group manifests its commitment to privacy and data protection by embracing the following principles.
H&M uses personal data lawfully, fairly, correctly and in a transparent manner.
H&M collects no more personal data than necessary, and only for a legitimate purpose.
H&M retains no more data than necessary or for a longer period than needed.
H&M protects personal data with appropriate security measures.
Why do we process your data?
We use and process your personal data in connection with you, for example, buying our products online or in-store, visiting our website, or contacting Customer Service. Examples of personal data are full name, address, email address, telephone number, social security number, payment information, purchase, order and usage history, IP address, member ID, and other case-related information (e.g. information that you provide when contacting Customer Service).
Under each specific section of this Privacy Notice you will be informed of the purpose for each relevant processing of information.
Who is responsible for processing of your personal data?
The Swedish company, H & M Hennes & Mauritz GBC AB is responsible for the processing of personal data within the scope of this Privacy Notice. Under each specific section of this Privacy Notice you will be informed about the allocation of responsibilities and the modalities for the execution of rights.
Under each specific section of this Privacy Notice you will be informed about who is responsible for processing your personal data, the allocation of responsibilities and the modalities for the execution of rights.
The following entity will be Data Controllers in relation to you:
Identity of H&M Group controller(s):
H & M Hennes & Mauritz GBC AB
Mäster Samuelsgatan 46
106 38 Stockholm
Sweden
Companies register: Bolagsverket/Swedish Companies Registration Office
Authorised representative: Helena Helmersson
VAT registration number: VAT NO. SE556070171501
The named H&M Group controller(s) above are throughout this Privacy Notice individually or collectively referred to as “H&M”, “we” or “us”.
Under certain circumstances, the responsibility for data protection and your privacy is shared with third parties, such as banking and financial institutes, postal services, or electronic communication providers. More information can be found under each specific section of this Privacy Notice.
Where do we process your data?
The personal data that we collected from you is generally stored within a country of the European Union or the European Economic Area (“EU/EEA”) but may also, whenever necessary, be transferred to and processed in a country outside of the EU/EEA. Any such transfer of your personal data will be carried out in compliance with applicable laws and without undermining your statutory rights. Information stored or processed in other countries may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries.
We manage your personal data from our offices located in [City Country].
From time to time we may transfers personal data from the EU/EEA to a third country not being approved by European commission as a safe country for such transfer (adequacy decision). Whenever applicable H&M will use Standard Contractual Clauses to ensure a similar level of protection as granted within the EU/EEA or other lawful grounds for transfer.
Who has access to your data?
Your personal data is available and accessible only by those who need the data to accomplish the intended processing purpose as described in this policy, or otherwise disclosed to you. To the extent necessary, your personal data may be shared between the companies and brands of the within the H&M Group, with suppliers and sub-contractors (processors and sub-processors) carrying out certain tasks on H&M’s behalf and with independent third-parties.
In addition, we may also disclose personal data to third parties, if we have reason to believe that using or disclosing such information is necessary or advisable to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter; or (iv) to protect our rights, safety or property, including the prevention of fraud.
We reserve the right to transfer any personal data we have about you in the event that we merge with or are acquired by a third party, undergo another business transaction such as a reorganization, or should any such transaction be proposed.
What is the legal ground for processing?
H&M is not allowed to collect, process, use, store etc. personal data without a valid legal ground. Lawfulness may be derived from your consent, by contract, statutory obligations or from our legitimate interest as a business. For each every specific process purpose of processing of personal data we collect from you, we will inform you about which legal ground that will apply, and what rights you are entitled to exercise. whether the provision of personal data is statutory or required to enter a contract and whether it is an obligation to provide the personal data and possible consequences if you choose not to. In jurisdictions where legitimate interests are not a basis on which personal data may be processed, you consent to our processing your personal data for those purposes.
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. Contact Customer Service to receive your personal data via email.
Right to portability:
Whenever H&M processes your personal data by automated means based on your consent or based on an agreement you have the right to get a copy of your data in a structured, commonly used and machine-readable format 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 it is incorrect, including the right to have incomplete personal data completed.
If you have an H&M account (H&M membership), you can edit some of your personal data under your account pages.
Right to erasure:
You have the right to erase your personal data processed by H&M at any time. Your request may be hindered if any of the following situation apply:
*you have an ongoing matter with Customer Service
*you have an open order which has not yet been shipped or partially shipped
*you have a balance with H&M, regardless of the payment method
Your right to object to processing based on legitimate interests:
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, subject to applicable law, we can demonstrate legitimate grounds for the process which overrides your interest and rights or due to legal claims. Your right to object to direct marketing:
Right to restriction:
You have the right to request that H&M restricts the processing of your personal data under the following circumstances:
* if you object to a processing based H&M’s legitimate interest, H&M shall restrict all processing of such data pending the verification of the legitimate interest.
*if you claim 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 can 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 is required to keep it to defend legal claims.
Right to complain to a Supervisory Authority:
If you have complaints about the way H&M Group processes and protects your personal data and privacy you have the right, at any time, to make a complaint to the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten – IMY) or any other competent a supervisory authority in the country of residence.
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.
The revision history is set out in section Changes of this Privacy Notice.
Why do we use your personal data?
We use your personal data to provide you with the information, products and services that you request or purchase from us, either online and in stores. In this context, we use your personal data to be able to process your purchase order and payment transactions and to manage your deliveries, claims, returns and refunds in a secure and effective manner.
Purchase order and payment data collected for the purpose above will also be used, under certain conditions and limitations, for marketing, business development and analytics purpose and to detect fraud and thefts in connection with online and offline sales and to comply with applicable laws.
How do we use your personal data?
The personal data we obtained directly from you when you are placing a purchase order, making a payment or using any other of our services will be used only to the extent necessary to process that order and to deliver the requested products and services.
Whenever you place a purchase order, make a payment, return a product or signing up for a financial service we use your personal data to verify your identity and your capacity to enter into a contract, that financial information you provide us is accurate, conduct fraud checks or prevent other illegal activity.
Who has access to your personal data?
We share your personal data within the H&M Group whenever necessary to fulfill the intended purpose. For the same reason, personal data is also shared with suppliers carrying out certain tasks on our behalf, such as order fulfillment and payment processing. H&M is always fully responsible for its suppliers.
We reserve the right to transfer any personal data we have about you in the event that we merge with or are acquired by a third party, undergo another business transaction such as a reorganization, or should any such transaction be proposed.
We may also use your personal data, or disclose it to third parties, if we have reason to believe that using or disclosing such information is necessary or advisable to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter; or (iv) to protect our rights, safety or property, including the prevention of fraud. Lastly, we may disclose your personal data for any other purpose to which you consent.
We may from time to time also share personal data with independent third parties, such as electronic communication providers, banks and financial service providers, and postal services. Please be aware that many of these recipients have an independent right or obligation to process your personal data in their own rights.
Except as explicitly stated herein, we never pass on, sell or swap your data to any third parties.
On what legal basis may we process personal data?
When making products and services available to you H&M will process your personal data necessary for concluding a contract with you and to fulfill any obligations derived from that contract, whether the contract refers to a purchase order and payment, or the use of other services provided by us or by third parties.
How long do we keep your personal data?
We will keep and process your personal data no more than necessary for us to perform our contractual obligations, as described in this privacy notice, or as permitted or required by applicable law.
However, we may continue to use and store your data for additional purposes.
Purchase order data will also be used for the purpose of Development and Improvement of products, services and supply chains.
Purchase order data will also be used for the purpose of Security and Safety by fraud detection and loss prevention.
If you are a user of an H&M Account or a member of H&M Membership we will continue to use your purchase order data to the extent necessary for us to deliver upon our promises and to distribute Ads & Promotions acccording to your expectations.
In addition to the above, for the purpose of Compliance with Laws, we are compelled to continue to save and sometimes use your purchase order data to abide with applicable tax and accounting legislation and to protect consumer rights.
You can read more about why and how the H&M Group re-use personal data under each section of this Privacy Notice.
When making products and services available to you H&M will process your personal data necessary for concluding a contract with you and to fulfill any obligations derived from that contract, whether the contract refers to a purchase order and payment, or the use of other services provided by us or by third parties. For the purpose of identify and contact you when an item you have signed up to receive information regarding is available again for purchase, we use legitimate interest as a business as legal ground for processing.
Why do we use your personal data?
We will use your personal data to give you service and support and to improve the overall experience of the service, through email, chat function, telephone and social media. In this context we will use your personal data to manage your questions, handle complaints and warranty matters and to provide technical support as well as to improve customer experience. We will also analyze data on an aggregated level to gain insights in customer preferences, expectations and trends etc.
We may also contact you through email, telephone, social media, or any other means if there is a problem with your order or if we request your participation in a customer survey, which is voluntary.
How do we use your personal data?
We will only use such personal data necessary for providing the service to you in a secure and efficient way. We will use the personal data you provide us with when you contact us, such as contact details, birth date, and other necessary information. In order to resolve your case, we may also need to access and use transaction data, such as order, payment, and delivery information.
Occasionally, we may listen in on your calls and conversations. This will take place to support employee training and development, opportunities to improve service only upon suspicion of bad quality of service, and for the purpose of technical troubleshooting.
Who has access to your personal data?
We may share your personal data within the H&M Group whenever necessary to fulfill the intended purpose. For the same reason, personal data is also shared with suppliers carrying out certain tasks on our behalf, such as externally operated call centers.
H&M is always fully responsible for its suppliers.
We may also share personal data with third parties, such as electronic communication providers, providers of messaging services, providers who support customer service contacts, and social media platforms for sending notifications or reaching out to you regarding a customer service matter. Please be aware that many of these third-party recipients have an independent right or obligation to process your personal data in their own names.
When engaging with us on social media pages, such as Facebook and Instagram pages, all text messages and pictures are shared with us and the named platform provider. You do this according to the platform’s terms of use and privacy policy to which you have agreed when you signed up as a user. H&M assumes no responsibility for the platform provider’s processing of your personal data.
Except as explicitly stated herein, we never pass on, sell, or swap your data to any third parties.
What is the legal ground to process your personal data?
In order to provide you with the best possible customer service, we must collect and use your personal data. This is justified in our legitimate interest as a business.
Regardless of purpose, we will not record any telephone conversations without your consent.
How long do we keep your data?
We will keep your data for as long as we need to handle your case. We may continue to keep and use your data if we have outstanding obligations to you or by any other reason are prevented from erasure.
Case logs are stored for a maximum period of one year after closure.