Terms and Conditions
Your access or use of this site shall be deemed to be your acknowledgement that you agree with these Terms and Conditions. Do not access or use this Site if you do not agree with these Terms and Conditions.
TERMS AND CONDITIONS
These Terms and Conditions govern this Site.
Your access or use of this site shall be deemed to be your acknowledgement that you agree with these Terms and
Conditions. Do not access or use this Site if you do not agree with these Terms and Conditions.
No warranties on completeness and accuracy
THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS
REGARDING OR RELATED TO SALON SUCCESS LTD AND/OR THE PRODUCTS AND SERVICES
SUPPLIED BY SALON SUCCESS LTD INCLUDING 3•6•5 SALON EDUCATION (FURTHER CALLED
"THE INFORMATION") ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS ONLY. SALON SUCCESS LTD DOES NOT MAKE ANY REPRESENTATION
OR WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, SUCH AS FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE NOR DOES SALON SUCCESS LTD WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER "VIRUSES".
THIS SITE MAY INCLUDE PUBLICATIONS WITH TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY BE CORRECTED AT SALON SUCCESS LTD'S SOLE DISCRETION. CORRECTIONS AND CHANGES MAY BE INCORPORATED INTO THIS SITE AT ANY LATER DATE. SALON SUCCESS LTD MAY AT ANY TIME MAKE MODIFICATIONS, IMPROVEMENTS AND/OR CHANGES TO THE TERMS AND CONDITIONS OR THE INFORMATION DISPLAYED ON THIS SITE OR THE PRODUCTS AND SERVICES REFERRED TO WITHIN.
IN NO EVENT SHALL SALON SUCCESS LTD OR ANY OF ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES, WHATSOEVER RESULTING FROM ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE OR ARISING OUT OF ANY MATERIALS, QUALIFICATIONS OR RECOMMENDATIONS AND ANY INFORMATION ON THIS SITE. LINKS TO THIS SITE MAY CONTAIN LINKS TO OR REFERENCES TO OTHER WEB SITES. WHEN YOU ACTIVATE ANY OF THESE YOU WILL LEAVE THE 3·6·5 HAIR WEBSITE. AS THE INTERNET IS MAINTAINED,
INDEPENDENTLY AT THOUSANDS OF SITES AROUND THE WORLD, THE INFORMATION ACCESSED MAY ORIGINATE OUTSIDE THE BOUNDARIES OF THIS SITE ON WHICH INFORMATION SALON SUCCESS LTD HAS NO CONTROL. THEREFORE, SALON SUCCESS LTD SHALL HAVE NO OBLIGATION OR RESPONSIBILITY REGARDING THE CONTENT DERIVED, OBTAINED, ACCESSED WITHIN, THROUGH OR OUTSIDE THIS SITE. YOU AGREE NOT TO ADD, ALTER, SUBSTITUTE
OR AMEND PARTIALLY OR IN WHOLE ANY INFORMATION DISPLAYED BY SALON SUCCESS LTD.
ON THIS SITE
Intellectual Property protection the materials displayed on this Site, including without limitation all editorial materials, informational text, photographs, illustrations, artwork and other graphic material, names, logos, trademarks and other marks, are the property of Salon Success Ltd or licensors and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use.
YOU AGREE NOT TO reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Salon Success Ltd. Nothing contained herein shall be construed as conferring by implication or otherwise any licence or right under any patent, trademark, copyright or any other intellectual property right of Salon Success Ltd or any third party, to any such information, data, products or services. Unless otherwise specified, the materials on this web site are directed solely at those who access this web site from the United Kingdom mainland.
Salon Success Ltd makes no representation that any product or services referred to in the materials on this web site are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
Comments and communications information delivered to this Site (via posting, electronic mail or otherwise) should not be considered by you to be confidential. Salon Success Ltd shall not be responsible to keep such
information confidential nor shall Salon Success Ltd be liable for any use or disclosure thereof. All such information is, and shall remain, the sole and exclusive property of Salon Success Ltd and may be used for any purpose whatsoever, commercial or otherwise, without compensation. Salon Success Ltd would welcome your comments on the Site or on our products, but Salon Success Ltd is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products.
Applicable law and Jurisdiction
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of England and Wales.
Disputes arising here from are exclusively subject to the jurisdiction of
competent Courts of England. This exclusion of liability shall not apply to any damages arising from death or personal injury caused by the negligence of Salon Success Ltd or any of its employees or agents.
Please read these terms and conditions carefully before using the 3·6·5 Hair ("we" or "us") website. By using the 3·6·5 Hair website you are agreeing to be bound by these terms and conditions. These terms and conditions do not affect your statutory rights.
A "cookie" is a small piece of information sent by a web server to a web browser that enables the server to collect information back from the browser. We use "cookies" to identify you when you visit the Site (our server recognizes information regarding your domain name or access provider and e-mail address) to understand how you and other visitors use the Site so that we can serve you better. Most Web browsers automatically accept cookies but you can usually change your browser to prevent this.
2. Intellectual Property
The entire content of this website including but not limited to images,
illustrations, designs, icons, photographs and written materials is subject to copyright, trademarks and other intellectual property rights and is owned or controlled or licensed to Salon Success Ltd.
You may only download or copy the materials on the website for the use as which they are intended, but you are not entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such materials.
3. Linking to our site
You may link to our home page. Provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. Where relevant, the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than set out above, please address your request to firstname.lastname@example.org.
4. Links from our site
The 3·6·5 Hair website may include links to other third party websites or
material which are beyond our control. When you activate any of these, you will leave the 3·6·5 Hair website. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
5. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
It is our intention to keep our website up to date and error free. Prices may
change over time and there may be occasions when prices are incorrect and differ from your previous booking(s). Correct prices will be invoiced to you at the prices on the date when you placed your order, and that was confirmed via email. All prices exclude VAT.
All events are subject to limited number of places. This website booking
function is directed only at 3·6·5 Salon Education members and prospects accessing the website in the United Kingdom.
8. Bookings and Acceptance
All bookings will be subject to our acceptance of the booking. You consent to us notifying you via your email address provided on registration about your booking. When you submit your booking you will receive an automatic return email notifying you that we are processing your booking. Please notify us immediately via telephone by calling 0845 659 0015, or via email on email@example.com
if your booking is incorrect or if you wish to cancel your booking.
You can pay by Mastercard, Visa Credit card or debit card. We are sorry we cannot at this present time accept American Express. Our liability to you will not exceed the total price charged for your order.
We would like you to be happy with your purchase, however if you are
dissatisfied: You have the right to cancel your purchase or booking by contacting the 3·6·5 team on 0845 659 0015 to specify what you wish to amend or cancel. We will refund you within 30 days of your notice of cancellation. We will not
refund you if you cancel your event within 2 weeks prior to the event date or fail to attend. If an event is cancelled by Salon Success Ltd. you will be
subject to a full refund of the event ticket price.
11. Our Right to Cancel Where prices are incorrect due to a typographical error in the pricing information we reserve the right to cancel your booking. We will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause which is beyond our reasonable control. We will notify you by email and will replace or refund any monies paid within 30 days of your order.
The material displayed on our site is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law,
we, other members of our group of companies and third parties connected to us hereby expressly exclude: · All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. · Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: a. loss of income or revenue; b. loss of business; c. loss of profits or contracts; d. loss of anticipated savings; e. loss of data; f. loss of
goodwill; g. wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
13. General We reserve the right to amend these terms and conditions from time to time by amending this page. You are expected to check this page from time to time to take notice of the changes we made, as they are binding on you. We may transfer or assign our rights and liabilities referred to in these terms and conditions.
You may not transfer any rights or liabilities arising out of your use of this
A person who is not party to these terms and conditions shall have no right to enforce any term under the Contracts (Right of Third Parties) Act 1999.
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Where there is a dispute, you agree the dispute will be settled in the exclusive jurisdiction of the English courts.
14. Customer Services
Any notice, enquires or complaints should be made via email to firstname.lastname@example.org.
3·6·5 Hair website is a website generated by Salon Success Ltd. Trading address: Unit 1-2 Millennium Point,
Broadfields, Aylesbury, Buckinghamshire HP19 8YH. We are registered in England and Wales and have our registered of at Inspired
Easthampstead Road BRACKNELL RG12 1YQ Number: 1963398.
Personal Information Collected
Please read these terms and conditions carefully before using the 3·6·5 Hair/ Salon Education ("we" or "us") website. By using the 3·6·5 Hair website you are agreeing to be bound by these terms and conditions. These terms and conditions do not affect your statutory rights.
Privacy Notice – Protecting your privacy
1.1 Introduction - Our Commitment to You
Privacy and protection of your personal data is important to us and we are committed to ensure you are fully informed about your rights and how we use your data.
Our Privacy Notice will tell you how we collect and use your data to improve your experience with us. We’ll make sure we collect and store your data securely and only retain it for as long as we need to. You will always be in control of the way we use your data and communicate with you, and should you wish to make a change you will easily be able to do so, via your account (telephone on 0845 659 0011 or by emailing us at email@example.com.)
1.2 Who we are
For the purposes of the General Data Protection Regulation (GDPR), the data controller is Salon Success Limited of registered office address: Ground Floor, Inspired, Easthampstead Road, Bracknell RG12 1YQ, a private company limited by shares and which trades as Salon Success and Three.Six.Five in the United Kingdom.
Salon Success Limited is part of a large group of companies operating internationally (“Group”). Personal Data may be shared with other companies within the Group to achieve the purposes set out in this Notice.
For simplicity throughout this Notice, ‘we’ and ‘us’ means Salon Success and its brands
1.3 Information we collect, why we collect, and the benefit to you
There are a number of different permitted basis which allows a company to collect and process your personal data, including:
In specific situations, we can collect and process your data with your consent.
For example, if you opt to receive email newsletters from us.
In certain circumstances, we need your personal data to comply with our contractual obligations.
For example, if you order an item from us for delivery, we’ll collect your address details to deliver your purchase, and pass them to our third party courier.
If the law requires us to, we may need to collect and process your data.
For example, we can pass on details of people involved in fraud or other criminal activity affecting Salon Success to law enforcement authorities or to external advisers.
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.
For example, we may use your purchase/browsing history to send you offers or when you return to our site we can identify you and offer you suggestions. We also combine the shopping history of our customers to identify trends and ensure we can keep up with demand, or offer new products/services.
We collect information from and about you at various times and in different ways to help us provide you with the best possible service based on our overall understanding of you, as well as to meet our obligations under the law.
We use your data to:
• manage your account with us and provide you with products and services you want
• communicate with you and manage our relationship with you
• personalise and improve your experience
• inform you of latest trends, products, services and promotions that you may like
• improve our services, fulfil our administrative purposes, comply with our legal obligations and protect our business
1.4 When and where we collect and process your data
• When you create an account with us.
• When you visit any of our websites or when you contact us via the phone or email.
• When you use your account to buy products and services.
• When we fulfil your orders.
• When you engage with us on social media.
• When you join one of our loyalty programmes such as Signature Salon Points.
• When you provide your information by filling in forms on our sites.
• When you enter a prize draw or competition.
• When you contact us by any means with queries, complaints etc.
• When you choose to complete any surveys we send you.
• When you comment on or review our products and services.
• When you book to attend any of our events and/or education events, and also when you shop at one of these events.
• When you have given a third party permission to share with us the information they hold about you.
1.5 What sort of personal data do we collect?
• When opening an account your personal details (name, address, contact details, professional status – for e.g., salon owner, salon manager, stylist, where relevant VAT details, and email address).
• When you make purchases via telephone from our Club Services, delivery address (if different from billing) and transaction details of the products and services purchased and offers used.
• If you have a web account with us: your name, billing/delivery address, orders and receipts, email and telephone number.
• Details of your interactions with us through our Club Services and online.
• Details of your purchases
• Details of your IP address, visits to our websites, and which site you came from to ours.
• We take payment card information
• Your comments and product reviews
• Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback
1.6 Why do we collect this information?
• To process and fulfil your transactions with us via website and/or telephone. If we do not collect your personal data, we will not be able to process your order and comply with our legal obligations. For example, your details may be passed to a third party to deliver the product or service to you.
• To respond to your queries, refund requests and complaints.
• To be able to contact you to send you information about new products and promotions that may be of interest.
• To process your booking or appointment requests (e.g. colour education visits, 3.6.5. education events).
• To administer any of our prize draws or competitions which you enter.
• To send you survey and feedback requests to help us improve our services to you.
• To send you communications required by law or which are necessary to inform you about our changes to the services we provide you, for example, updates to this Privacy Notice, product recall notices, and legally required information relating to your orders.
1.7 What is the benefit to you?
We endeavour to provide you with the best possible customer service. To help us achieve this we gather the information you have provided us. We then use this information to offer you promotions, products and services that is most likely to interest you. The data privacy laws allows us to do this under legitimate interest to help us understand our customers to help us provide you the best service.
1.8 Sharing your data, why we need to share?
We use a number of partners to help us provide the best possible service, understand what’s important to our customers, and improve what we sell. We sometimes need to share your data in order to achieve this, but we choose our partners carefully, and seek the maximum protection possible to keep your data as safe as possible. We also insist that their data is not shared with anyone else. If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
• Examples of the partners we may share your data with are:
• IT companies who support our website and other business systems and processes.
• Operational companies who help us fulfil our obligations to you.
• For example, delivery companies, debt recovery agencies, training providers, document storage companies, fraud prevention agencies, credit reference agencies.
• Direct marketing companies who help us manage our communications with you.
• Google/Facebook to show you products that might interest you while you’re browsing the internet. This is based on either your marketing consent or your acceptance of cookies on our websites.
• Analytics/Data insight companies.
• For example, to manage your data and ensure it is kept up to date; to help us better understand what you like or are interested in so we can send you personalised advertisements; to understand how you use our websites; to obtain feedback on your experience; to understand if you liked our promotions.
• Legal and enforcement bodies where we have a legal obligation or when it is necessary to protect us both.
• Our external professional advisers and insurers.
• In the event that Salon Success is involved in the transfer of any division or the whole business as a going concern to new owners, your personal data will, where relevant, be transferred to the new owner or controlling party, under the terms of this Privacy Notice.
• As mentioned above, we may also share your data with our Group.
1.9 Where your personal data may be processed
Sometimes we will need to share your personal data with third parties outside the European Economic Area (EEA).
The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway.
We may transfer personal data that we collect from you to third-party data processors in countries that are outside the EEA such as Australia or the USA. For example, this might be required in order to provide support services.
If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the EEA. For example, our contracts with third parties will state the standards they must follow at all times. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice and applicable data protection laws.
1.10 How long we keep your personal information
We will only keep your personal information for so long as it is necessary for the purpose for which is was collected and for us to fulfil our contractual and legal obligations. We maintain retention records of how long information containing personal data will be retained for.
At the end of the respective retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
Some examples of customer data retention periods:
When you place an order, we may keep the personal data you give us for at least six years so we can comply with our legal and contractual obligations.
If you’ve not used your account or interacted with us for more than three years, your account will be flagged as inactive will be closed and we will delete or anonymise the personal data associated with it.
1.12 Your rights
You have certain rights to control your information and the manner in which we process it. This includes:
• A right to get access to your personal information
To ask for your information please write to Subject Access Requests, Customer Service, Salon Success Ltd, Units 1-2 Millennium Point, Broadfields, Aylesbury, Buckinghamshire, HP19 8YH or email firstname.lastname@example.org.
If we choose not to action your request we will explain to you the reasons for our refusal.
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice, and, where applicable, further information to help us search for your personal information, where a specific request is received.
If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to make the request.
We will respond to your request within 1 month of us verifying your identity.
• A right to request us to correct inaccurate information, or update incomplete information;
Please refer to Updating Your Details section below as to how to do this.
• A right to ask that your information is erased (or restricted), provided we do not have any continuing lawful reason to continue to use and process your information;
• A right to withdraw your consent where you have given us your consent to process your data;
• A right to object to our use of your information (where we rely on our legitimate interests to use your personal information) provided we do not have any continuing lawful reason to continue to use and process your information. When we do rely on our legitimate interests to use your personal information for direct marketing, we will always comply with your right to object;
• A right to object to us processing your information for direct marketing purposes, including profiling you for the purposes of direct marketing;
You can withdraw any consent that you have previously given to us or to change your preferences on any automatic benefits that we action – e.g. our trade customers are automatically eligible to receive our Portfolio trade flyer in the post which is sent seasonally and contains the forthcoming promotions – however if you no longer wish to receive this information please see the ‘Updating Your Details’ section below on how to opt out.
• The Right to request that your information is transferred to another controller in a structured data file (in a commonly used and machine readable format)
You can exercise the above rights and/or manage your information as detailed in the Updating Your Details section.
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
You can learn more about your rights specific to Salon Success by reading this Privacy Notice or for more general advice, you can refer to here: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
1.13 Contact Us
Our Privacy Notice is intended to be helpful to you in explaining why and how we collect and use your personal data and in providing you with information about your rights to control your information.
Email us on email@example.com
Call us on: 0845 659 0011
Or write to us at:
Customer Services, Salon Success Ltd, 1-2 Millennium Point, Broadfields, Aylesbury, Buckinghamshire, HP19 8YH
If, however, we have been unable to address your concerns or you are unhappy with the way in which we have handled your personal information, you have the right to lodge a complaint with the Information Commissioner’s Office.
Post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Call: 0303 123 1113
1.14 Updating your details
If any of your personal information changes, you can update your personal details at any time by calling us on 0845 659 0011 or you can also email us at firstname.lastname@example.org with details of the changes required.
We are in the current process of implementing an online preference centre which you will be able to access directly allowing you to access and update your personal details and also your preferences in the way we communicate with you. We expect this service to be available at the beginning of June 2018.
1.15 Marketing communications
When you open an account with us, you can decide how you would like to be contacted with marketing communications. You can call us on 0845 659 0011 who will be happy to help update your communication preferences. You can also email us at email@example.com with details of the changes required.
As mentioned above in Updating your details, paragraph 14, we are in the current process of implementing an online preference centre which you will be able to access directly allowing you to access and update your personal details and also your preferences in the way we send marketing communications to you. We expect this service to be available at the beginning of June 2018.
1.16 Changes to our Privacy Notice
We may make changes to this Privacy Notice in the future. We will publish any changes on our website and where appropriate, we will notify you by email.
Anti-Corruption and Bribery Policy
Salon Success has a mission ‘to change the world of hairdressing by being Number One in any market we enter’. We can only achieve this by building and maintaining our reputation, both with our team, customers, and suppliers, and with the community we interact with both in the UK and overseas. Our reputation’s protection depends on all of us acting with the highest personal, ethical and corporate standards, and ensuring that our decisions and actions support our mission and values. We are founded on principles of integrity and trust, and of ‘good people achieving good things in good ways’. In line with this, both I as Managing Director and the rest of the Executive Management Group are 100% committed to doing what is right. We have a zero tolerance to any unethical or illegal activities. This extends not only to our direct Team, but to our expectations of customers, suppliers and distribution partners.
Anti-Corruption and Bribery Policy
1. POLICY STATEMENT
1.1 It is our policy to conduct all of our business in an honest and ethical manner. We take a zero tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate and implementing and enforcing effective systems to counter bribery.
1.2 We will uphold all laws relevant to countering bribery and corruption. However, we remain bound by the laws of the UK, including the Bribery Act 2010, in respect of our conduct both at home and abroad.
1.3 The purpose of this policy is to:
(a) set out our responsibilities, and of those working for us, in observing and upholding our position on bribery and corruption; and
(b) provide information and guidance to those working for us on how to recognise and deal with bribery and corruption issues.
1.4 Bribery and corruption are punishable for individuals by up to ten years' imprisonment and if we are found to have taken part in corruption we could face an unlimited fine, be excluded from tendering for public contracts and face damage to our reputation. We therefore take our legal responsibilities very seriously.
1.5 We have identified that the following are particular risks for our business:
- Gifts and Hospitality
- Associated Persons
We are not aware of any facilitation payments but we are will inform our distributors of our zero tolerance on bribery and obtain comfort that they operate in the same manner and that they do not make facilitation payments.
1.6 In this policy, third party means any individual or organisation you come into contact with during the course of your work for us, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
2. WHO IS COVERED BY THE POLICY?
This policy applies to all individuals working at all levels and grades, including senior managers, officers, directors, employees (whether permanent, fixed-term or temporary), consultants, trainees, seconded staff, homeworkers, casual workers and agency staff, volunteers, interns, agents, sponsors, or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as Team Members in this policy).
3. WHAT IS BRIBERY?
A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
Offering a bribe
You offer a potential client tickets to a major sporting event, but only if they agree to do business with us. This would be an offence as you are making the offer to gain a commercial and contractual advantage. We may also be found to have committed an offence because the offer has been made to obtain business for us. It may also be an offence for the potential client to accept your offer.
Receiving a bribe
A supplier gives your nephew a job, but makes it clear that in return they expect you to use your influence in our organisation to ensure we continue to do business with them. It is an offence for a supplier to make such an offer. It would be an offence for you to accept the offer as you would be doing so to gain a personal advantage.
Bribing a foreign official
You arrange for the business to pay an additional payment to a foreign official to speed up an administrative process, such as clearing our goods through customs.
The offence of bribing a foreign public official has been committed as soon as the offer is made. This is because it is made to gain a business advantage for us. We may also be found to have committed an offence.
4. GIFTS AND HOSPITALITY
Any and all Gifts and Hospitality will comply with the Gifts and Hospitality Policy in Schedule 2.
5. FACILITATION PAYMENTS AND KICKBACKS
5.1 We do not make, and will not accept, facilitation payments or "kickbacks" of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official. They are not commonly paid in the UK, but are common in some other jurisdictions.
5.2 If you are asked to make a payment on our behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment. If you have any suspicions, concerns or queries regarding a payment, you should raise these with the compliance manager.
5.3 Kickbacks are typically payments made in return for a business favour or advantage. All team members must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.
We do not make contributions to political parties. We only make charitable donations that are legal and ethical under local laws and practices. No donation must be offered or made without the prior approval of your manager or the compliance manager and must be logged appropriately.
7. YOUR RESPONSIBILITIES
7.1 You must ensure that you read, understand and comply with this policy.
7.2 The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. All team members are required to avoid any activity that might lead to, or suggest, a breach of this policy.
7.3 You must notify your manager or the compliance manager or the confidential helpline as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future. For example, if a client or potential client offers you something to gain a business advantage with us, or indicates to you that a gift or payment is required to secure their business. Further "red flags" that may indicate bribery or corruption are set out in Schedule 1.
7.4 Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. We reserve our right to terminate our contractual relationship with other team members if they breach this policy.
8. RECORD KEEPING
8.1 We must keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties.
8.2 You must declare and keep a written record of hospitality or gifts accepted or offered in accordance with the Gifts and Hospitality policy in Schedule 2, which will be subject to managerial review.
8.3 You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with our expenses process and specifically record the reason for the expenditure.
8.4 All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept "off-book" to facilitate or conceal improper payments.
9. HOW TO RAISE A CONCERN
You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with your line manager or the compliance manager or through the confidential helpline. Concerns should be reported by following the procedure set out in our Whistleblowing Policy or through the confidential helpline. A copy of our Whistleblowing Policy can be found at Section 2.13 of the Team Handbook.
10. WHAT TO DO IF YOU ARE A VICTIM OF BRIBERY OR CORRUPTION
It is important that you tell the compliance manager or the confidential helpline as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.
11.1 Team Members who refuse to accept or offer a bribe, or those who raise concerns or report another's wrongdoing, are sometimes worried about possible repercussions. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.
11.2 We are committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform the compliance manager immediately. If the matter is not remedied, and you are an employee, you should raise it formally using our Grievance Procedure, which can be found at Section 7.3.2 of the Team Handbook.
12. TRAINING AND COMMUNICATION
12.1 Training on this policy forms part of the induction process for all new Team Members. All existing Team Members will receive regular, relevant training on how to implement and adhere to this policy, through the intranet, team focus meetings and any other meetings required.
12.2 Our zero tolerance approach to bribery and corruption must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and as appropriate thereafter.
13. WHO IS RESPONSIBLE FOR THE POLICY?
13.1 The board of directors has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.
13.2 The compliance manager has primary and day-to-day responsibility for implementing this policy, and for monitoring its use and effectiveness. Management at all levels are responsible for ensuring those reporting to them are made aware of and understand this policy and are given adequate and regular training on it.
14. MONITORING AND REVIEW
14.1 The compliance manager will monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy and effectiveness. Any improvements identified will be made as soon as possible. Internal control systems and procedures will be subject to regular audits to provide assurance that they are effective in countering bribery and corruption.
14.2 All Team Members are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing.
14.3 Team Members are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to the compliance manager.
This policy does not form part of any employee's contract of employment and it may be amended at any time. Schedule 1 Potential risk scenarios: "red flags" The following is a list of possible red flags that may arise during the course of you working for us and which may raise concerns under various anti-bribery and anti-corruption laws. The list is not intended to be exhaustive and is for illustrative purposes only.
If you encounter any of these red flags while working for us, you must report them promptly to your manager or to the compliance manager or using the procedure set out in the Whistleblowing policy:
- (a) you become aware that a third party engages in, or has been accused of engaging in, improper business practices;
- (b) you learn that a third party has a reputation for paying bribes, or requiring that bribes are paid to them, or has a reputation for having a "special relationship" with foreign government officials;
- (c) a third party insists on receiving a commission or fee payment before committing to sign up to a contract with us, or carrying out a government function or process for us;
- (d) a third party requests payment in cash and/or refuses to sign a formal commission or fee agreement, or to provide an invoice or receipt for a payment made;
- (e) a third party requests that payment is made to a country or geographic location different from where the third party resides or conducts business;
- (f) a third party requests an unexpected additional fee or commission to "facilitate" a service;
- (g) a third party demands lavish entertainment or gifts before commencing or continuing contractual negotiations or provision of services;
- (h) a third party requests that a payment is made to "overlook" potential legal violations;
- (i) a third party requests that you provide employment or some other advantage to a friend or relative;
- (j) you receive an invoice from a third party that appears to be non-standard or customised;
- (k) a third party insists on the use of side letters or refuses to put terms agreed in writing;
- (l) you notice that we have been invoiced for a commission or fee payment that appears large given the service stated to have been provided;
- (m) a third party requests or requires the use of an agent, intermediary, consultant, distributor or supplier that is not typically used by or known to us; and
- (n) you are offered an unusually generous gift or offered lavish hospitality by a third party.
GIFTS AND HOSPITALITY POLICY
This policy is intended to provide advice to all Team Members, who in the course of their day to day work or as result of their employment, either receive offers of gifts and hospitality or provide gifts and hospitality to others on behalf of Salon Success Limited.
2. Further, in order to maintain trust and integrity with our business partners and avoid even the appearance of unethical or illegal conduct or a potential conflict of interest, it is important to be prudent when accepting business courtesies such as the giving and receiving of gifts or entertainment:
3. Team Members are expected to act with integrity when deciding whether to accept a business courtesy (ie anything of value for which the recipient does not pay fair market value, including gifts, services and entertainment). Team Members who are buyers, who influence buying, or who are involved in procurement transactions in any way (eg determining specifications, evaluating bids, choosing vendors or suppliers) must be especially careful when deciding whether or not to accept a business courtesy.
4. This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties.
5. HR has the ownership of this policy and the ‘Gift and Hospitality registers (received and given). Individual Team Members are responsible for reporting any gifts or hospitality offered or given and whether these have been accepted or declined. HR will record this information on the relevant register.
Gifts and Hospitality Definitions
6. ‘Gift’ means any item, cash, goods, or any service which is offered for the personal benefit at a cost, or no cost, that is less than its commercial value.
7. ‘Hospitality’ means any generous or material welcome or reception that is more than an incidental kind, such as beverage or light refreshment.
Gifts and Hospitality
8. The giving or receipt of Gifts or Hospitality is not prohibited, if the following requirements are met:
- (a) it is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits;
- (b) it complies with local law;
- (c) it is given in our name, not in your name;
- (d) it does not include cash or a cash equivalent (such as gift certificates or vouchers) without the prior approval of the compliance manager;
- (e) it is appropriate in the circumstances. For example, in the UK it is customary for small gifts to be given at Christmas time;
- (f) taking into account the reason for the Gift, it is of an appropriate type and value and given at an appropriate time;
- (g) it is given openly, not secretly;
- (h) Gifts or Hospitality should not be offered to, or accepted from, government officials or representatives, or politicians or political parties;
- (i) All Gifts given must be logged appropriately i.e. Training & Promotional data entry (where Gifts are products) or ‘Gifts & Hospitality Given’ register, where Gifts/Hospitality do not include products;
- (j) Hospitality given to a third party must be logged on the ‘Gifts & Hospitality Given’ register where the Hospitality provided is above a simple, low cost hospitality such as a working lunch or evening meal compared to a more expensive and elaborate hospitality above £50;
- (k) Gifts or Hospitality received above the value of £50, or where more than one gift from a supplier is received in a year, where the combined value is above £50, must be logged on the ‘Gifts & Hospitality Received’ register. Where the value (or reasonably estimated value) of the Gift or Hospitality received is unclear, these should be logged. Please seek advice before accepting a Gift or Hospitality if unsure; and
- (l) Any Gift or Hospitality exceeding £100 per person must have the approval of the General Counsel of Sally Beauty Holdings, Inc.
9. It is encouraged that any gifts that are accepted be donated to the Annual Christmas Raffle. If you wish to donate a gift, contact HR.
10. We appreciate that the practice of giving business gifts varies between countries and regions and what may be normal and acceptable in one region may not be in another. The test to be applied is whether in all the circumstances the Gift or Hospitality is reasonable and justifiable. The intention behind the Gift or Hospitality should always be considered. All Team Members need to be aware of, and guard against, dangers of misrepresentation or perception of favouritism.
What Is Not Acceptable?
11. It is not acceptable for you (or someone on your behalf) to:
- a) give, promise to give, or offer, a payment, Gift or Hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;
- b) give, promise to give, offer, or accept a payment, Gift or Hospitality to or from a government official, agent or representative to "facilitate" or expedite a routine procedure (any incidents of this nature which arise must be reported to the Managing Director, Compliance Manager and General Counsel of Sally Beauty Holdings Inc.);
- c) accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them;
- d) accept a Gift or Hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided by us in return;
- e) threaten or retaliate against another team member who has refused to commit a bribery offence or who has raised concerns under this policy; or
- f) engage in any activity that might lead to a breach of this policy.