Privacy and Data Protection Policy

Tema Retail EG S.A.E., a company registered and functioning under the laws of the Arab Republic of Egypt, with headquarters at Bavaria Towers, Tower 4, 8th Floor, Ring Road, Katameya, Cairo, Arab Republic of Egypt, commercial register number 53804, and VAT registration number 379-456-249, and forming part of the international LC Waikiki group of companies under the organization of LC Waikiki Mağazacılık Hizmetleri Tic. A.Ş. (the “Company” or “We”), respects the privacy of its customers and uses its best efforts to ensure the protection of their personal data and information, in compliance with all applicable legislation relating to the protection of personal data.

For this purpose, we implement the following Privacy and Data Protection Policy (the “Policy”), which sets out the main aspects relating to the personal data we collect and process on our website and the LC Waikiki Global Mobile Application (“App”), the purposes for which we collect and process such data, how we use such information, how you may update such information, your communication preferences, as well as how we ensure the protection of such personal data and your rights in relation thereto. This Policy applies to personal data collected through the App, including during app installation, registration, usage, or country selection.

We comply with the applicable legal provisions, and the personal data that we receive, collect, process, store or retain are processed in accordance with the applicable legislation and exclusively for the purposes set out in this Policy.

It is important to note that this Policy applies to you regardless of the manner in which you access our website or App, and therefore covers any device through which our website or App is accessed by you (including phone, tablet, personal computer and similar devices).

It should also be noted that our Cookies Policy forms part of this Policy.

A.             Acceptance of the Privacy and Data Protection Policy

Before taking any further action on our website or App, we strongly recommend that you read this Policy carefully.

If you do not agree with any of the terms of this Policy and do not wish your personal data to be used as detailed herein, you should refrain from using our website or App and from providing us with your personal data.

To ensure explicit consent where required, we may ask you to actively agree to this Policy or to specific processing activities by ticking an acceptance box or providing equivalent confirmation when accessing our services.

If you are in store, you may be informed of this Policy through accessible means, including QR codes, printed versions available at the cash register, kiosks, tablets or the mobile application. Customers will have the opportunity to review the Policy before providing any personal data.

To facilitate registration and consent management, we may also offer customers the option to self-register through in-store tools, kiosks or the App. We may use an OTP-based mechanism, or a similar verification mechanism, to confirm the authenticity of the customer’s registration or consent and to reduce the risk of unauthorized access or fraudulent registrations.

We underline that every time you use our website or App, you are subject to this Policy, and by further accessing, browsing, communicating with or otherwise using our website or App, you confirm that you have read and understood this Policy and, where applicable, provided the relevant consent.

B.             What Personal Data We Collect

1.              Personal data

When you access, browse, communicate with or use our website or App, make online purchases, subscribe to our e-bulletins or website communications relating to our services and campaigns, or otherwise interact with us, we may collect some of your personal data in order to better serve you, such as:

·          your name, surname, gender and date of birth;

·          your email address and phone number;

·          billing details and delivery addresses;

·          personal interests, feedback, browsing and shopping preferences;

·          your location;

·          your transactional data, including but not limited to invoice ID, total amount of purchased products, shopping date, name of the relevant store, and the category of the purchased product; and

·          internally generated identifiers and reference numbers, such as customer service case IDs, ticket numbers, order references and similar records used to manage your interactions with our call centre and customer-support services and to link your feedback or survey responses to the relevant transaction or service contact.

Please note that, in order for you to be able to create a personal account on our website and/or App, make online purchases, and be informed of our campaigns, discounts and promotions, it is mandatory for you to provide us with certain personal data requested for those purposes. If you do not provide such data, you may not be able to create your account and/or complete purchases through our website or App.

2.              Technical and statistical data and information

In addition to the personal data detailed above, we may collect information about your device, as well as other technical, statistical and transactional data and information, such as the frequency and duration of your visits to the website or App, times of ordering, IP address at the time of ordering, statistics regarding product pages visited and ordered products, and information about how users interact with our website or App.

These data are collected and used by us in order to analyse visitor actions and preferences, administer the website and App, improve user experience, carry out statistical purposes and reinforce security.

Technical and statistical data provided by your browser and/or device may also be used for marketing and advertising purposes, provided that such use is carried out in accordance with the applicable law and, where required, based on your consent. Such data will not be used to identify you unless otherwise permitted under applicable law.

3.              Payment data and information (bank information and/or payment card details)

As part of processing any order, and depending on the payment method selected by you, you may be requested to provide data regarding your bank account and/or credit card information for the purposes of making payments to us or enabling refunds to you, as applicable.

We note that, in such case, you may provide your payment data directly to the payment processor and not to us, and therefore such processing will also be subject to the privacy policy of the relevant payment processor.

We recommend that you read the relevant terms and conditions before selecting this payment method. Credit card information used for placing your order shall not be stored in our system.

C.            How We Use Collected Personal Data

Accordingly, we collect and process your personal data for the following purposes:

·          to create a personal account for you on the LC Waikiki website or App (e.g. your name and email address);

·          to process your orders through online services (e.g. your name, address and date of birth);

·          to send you service and transactional communications, including delivery notifications, account-verification messages, one-time passwords (OTPs), security notices and other service-related messages via SMS and/or messaging applications such as WhatsApp, Viber and similar channels, using your phone number or other contact details;

·          to send you marketing communications, such as newsletters, catalogues, campaign announcements, discount offers, promotions and other advertising or promotional content, via email, SMS and/or messaging applications such as WhatsApp, Viber and similar communication channels, subject to your prior consent where required by applicable law;

·          to inform you about delivery problems relating to your ordered products (e.g. your phone number and address);

·          to respond to your queries and inform you about new or changed services (e.g. your email address);

·          to analyse your personal information, shopping habits, browsing behaviour and preferences so that we may provide you with offers, information and a more personalised experience that fits your preferences;

·          to verify that you are of legal age for online shopping (e.g. your date of birth); and

·          to conduct customer-satisfaction surveys and service-quality evaluations, including surveys about your experience with our call centre and customer-support services, in order to measure and continuously improve the quality of our services. Such surveys may be sent to you through channels for which you have previously provided your consent, where such consent is required.

The App may dynamically present consent forms, privacy notices and cookie disclosures specific to the user’s selected country of residence.

Please note that we do not and will not knowingly collect information from any unsupervised person under the age of 18. If you are under the age of 18, you must not use this website or App or submit any personal data to us. If we discover that such data has been inadvertently collected, we will take all appropriate measures to delete it promptly or otherwise address it in accordance with applicable law.

Moreover, the personal data collected through the website and/or App may also be used for the following purposes, subject to compliance with the applicable legislation, including Law No. 151 of 2020 on the Personal Data Protection and its Executive Regulations:

·          to process and complete ordering processes and to ensure communication with our customers, in order for us to fulfil our obligations arising from any transaction concluded between our customers and us;

·          to provide you with information about our products, services, campaigns, promotions and other notices and/or information;

·          to better understand our customers’ shopping preferences and further offer them a personalised experience on our website or App;

·          to carry out trend and statistical analyses, including for marketing and other internal purposes of the Company; and

·          to reinforce the security of the website, the App and our systems.

D.            How We Share Collected Personal Data

The personal data collected on the website and/or App may be shared with, disclosed to or processed by our personnel or partner companies and service providers that provide related services, such as companies providing cargo and delivery services, call-centre services, database or hosting services, cloud-service providers, advertising and marketing agencies, survey and analytics providers who administer customer-satisfaction questionnaires or similar services on our behalf, IT and security providers, and payment-service providers.

We may disclose and/or transfer your personal data to our affiliates, namely the group companies of LC Waikiki Mağazacılık Hizmetleri Tic. A.Ş., as well as to relevant governmental authorities where law so requires, in order to better serve our customers and fulfil our obligations towards them.

However, your personal data is in any case protected by the Company, and we use our best efforts to ensure that any companies with which your personal data is shared maintain an appropriate level of confidentiality and protection for such personal data.

All personal data and other information we collect from you may be transferred outside the Arab Republic of Egypt. Any such transfer will be carried out in accordance with the applicable legal requirements governing cross-border transfers of personal data. Where required, such transfers will only take place where the receiving jurisdiction ensures an adequate level of protection, or subject to your explicit consent, or based on another mechanism permitted under applicable law. In all cases, we shall take the necessary technical and organisational measures in accordance with the applicable legislation to ensure the protection and security of your personal data during such transfer.

Other than as stated above, your personal data shall not be disclosed to any third parties, whether natural persons or legal entities, that have no commercial relationship with us for the purposes of this website or App, and shall not be used or sold for any independent commercial purpose.

We may use alternative communication channels, such as WhatsApp, Viber and comparable platforms, to send surveys, notifications, service communications and, where you have provided the required consent, marketing and promotional communications. These channels shall be subject to the same data-protection principles applicable to our other communication methods, including the applicable requirements relating to consent, transparency, security and opt-out rights. Where required by law, updated consent will be obtained before any materially different use of such channels.

In the event that another company is interested in acquiring all or part of our business, we reserve the right to disclose your personal data and other information to that company, solely in connection with and for the purposes of the envisaged acquisition.

We have no control over, and shall assume no liability for, the separate privacy practices of third-party service providers in respect of processing activities carried out under their own policies, except to the extent required by applicable law.

E.              Cookies Policy

This section refers to the cookies and webpages operated by LC Waikiki. Please note that, in order to ensure the proper functioning of our website and App, we sometimes place small data files called cookies or similar technologies on your device.

A cookie is a small text file (letters and numbers) that a website places on your computer, phone or other device when you visit the website, containing information about your navigation on that website. Cookies are installed by request issued by the web server to a browser (e.g. Internet Explorer, Chrome), do not contain software, spyware or viruses, and cannot access information from the user’s hardware.

The function of cookies is to enable our website or App to remember your actions and preferences (such as login, language, market, font size and other display preferences) over a period of time, so that you do not have to keep re-entering them whenever you return to the site or move from one page to another.

1.              Use of Cookies

Cookies are industry-standard tools used to make your browsing and shopping on our website more efficient and secure.

Cookies form part of the functionality of our website and App and are used mainly to improve and facilitate your experience. By remembering your actions and preferences, cookies help us provide better services. They may also help us inform you in a quicker and easier manner about our offers and improve our online advertising, subject always to applicable legal requirements.

Furthermore, the information collected through cookies enables us to improve the website and App, adapt content to user preferences and individual needs, improve search results, maintain and enhance functionality and performance, and understand how users interact with our services.

The cookies used on the website and App are, in all cases, of a temporary nature unless otherwise stated, and are used solely for the purposes described in this Policy.

2.              What Types of Cookies Are Used on This Website?

Our website and App may use the following types of cookies and similar technologies:

·          Technical cookies: These allow the user to browse the website or App anduse essential functions such as the shopping basket or wishlist.

·          Analytical cookies: These enable us to measure and analyse the way in which users browse the website or App and help us improve performance and user experience.

·          Preference cookies: These allow the website or App to remember the user’s preferences (for example, location, language or similar settings) and thereby provide a simpler, more convenient and personalised browsing experience.

·          Advertising cookies: These may be used to display advertisements that are more relevant to users and to measure the effectiveness of our advertising campaigns.

We may also use behavioural analytics tools that help us understand how users interact with our webpages or application screens, including by analysing clicks, scrolling behaviour, page display patterns and similar interaction events, in order to improve user experience, understand confusing or ineffective elements of our website or App, and make better data-driven decisions about our services.

3.              Consent for Optional Cookies and Similar Technologies

Where required by law, we will only use analytics, advertising, profiling and similar optional cookies or technologies after obtaining your explicit consent through our cookie-management tool or other appropriate preference mechanism.

You may withdraw your consent or change your preferences at any time through the same tool, without affecting the lawfulness of processing carried out before such withdrawal.

4.              Who Uses the Information Stored in Cookies?

The information stored in cookies on our website or App is used principally by us, except for “third-party cookies” or similar technologies, which may be used and managed by external providers that render services to us in order to improve our services, understand usage patterns, administer analytics, enhance functionality, support advertising activities or secure payment transactions.

5.              How Do I Disable and Delete the Use of Cookies?

You can control, restrict, block and/or delete cookies from this website at any time by modifying the settings of your browser or device. You may delete all cookies already stored on your device, and you may set most browsers to prevent cookies from being placed.

If you do so, however, you may have to manually adjust certain preferences each time you visit the site, and some services or functionalities may not work properly.

As each browser is configured differently, cookie settings are usually managed through the “Preferences”, “Settings” or “Tools” menu of your browser. For more details on cookie configuration, please consult your browser’s help menu.

6.              How Can I Avoid Using Cookies on This Website?

If you prefer to avoid the use of cookies on this website or App, you must first disable cookies through your browser or device settings and, where available, refuse optional cookies through our cookie-preference tool.

Please note that, if you choose to disable all cookies, you may not be able to take full advantage of all features of our website or App, and certain functions may become unavailable.

By continuing to use the LC Waikiki website or App, you acknowledge our use of strictly necessary cookies and, where required by law, your use of optional cookies will remain subject to your consent preferences.

F.              Security and Protection of Data

The Company respects the privacy of its customers’ personal information and uses its best efforts and the latest appropriate technology to protect the same.

All physical, electronic and managerial measures are adopted to ensure the security of our systems. All data is stored and backed up on secure servers, whether within Egypt or abroad. Data obtained through our website or App may be transferred via SSL (Secure Socket Layer) technology or equivalent secure transmission methods.

On pages where you provide payment details, you may notice that the address line displays a lock or key symbol and that the address changes from “http” to “https”. If you see this, you can be reasonably assured that the relevant page is being transmitted through a secure connection.

We also conduct security reviews and implement measures designed to protect personal data against unauthorized access, unlawful processing, loss, destruction, alteration or disclosure. In the event of a personal-data breach, we will take the steps required under applicable law, including notification to competent authorities and affected individuals where such notification is legally required.

G.            The Rights of Our Customers and Visitors Regarding Their Personal Data

It is important for us to ensure all your rights in connection with your personal data. Accordingly, and subject to the applicable law, you may have the following rights:

·          The right of access to personal data: you have the right to obtain from us, upon request and free of charge (for one request per year), confirmation as to whether personal data concerning you are being collected and processed by us, together with the other information required by law. You may exercise this right by sending us a written, dated and signed request. We may ask for information necessary to verify your identity before responding.

·          The right to intervention in personal data: you have the right, upon request and free of charge, to obtain the rectification, updating, blocking, restriction or erasure of personal data that do not comply with legal requirements, particularly incomplete or inaccurate personal data, as well as, where appropriate, the conversion of such personal data into anonymous data.

·          The right to object: you have the right to object, at any time and on legitimate grounds relating to your specific situation, to the processing of personal data concerning you, in the cases permitted by law. You also have the right to object, free of charge and without justification, to the processing of your personal data for direct-marketing purposes.

·          The right not to be subject solely to automated individual decisions: you have the right, where applicable under law, to request the withdrawal, cancellation or review of any decision producing legal effects concerning you if such decision was based exclusively on automated processing intended to evaluate certain personal aspects.

·          The right to withdraw consent: where processing is based on your consent, you may withdraw such consent at any time, without affecting the lawfulness of the processing carried out before withdrawal.

·          The right to file a complaint: without prejudice to your right to seek judicial remedy, you have the right to lodge a complaint with the competent personal data protection authority in Egypt, including the Personal Data Protection Center, if you believe that your rights under the applicable law have been infringed.

·          The right to seek judicial recourse: you have the right to resort to the courts for the protection of any rights guaranteed by law that have been violated.

·          The right to erasure (“right to be forgotten”): you have the right to request, at any time and free of charge, the erasure of your personal data where such data are no longer necessary for the purposes for which they were collected or otherwise processed, or in any other cases provided for by applicable legislation.

H.            Newsletters, Messages and Alerts. Opting Out of Subscription

We offer you the right to control whether or not to receive communications from us during your experience with our website or App.

In this respect, please be informed that, for the purposes of direct marketing, where we collect your personal data in the context of the sale of our products or services, we will rely on your consent where required by applicable law before using your personal data for our marketing and promotional purposes.

However, you may always revoke your consent in relation to personal data used for marketing purposes, including in relation to newsletters, promotional offers, SMS, WhatsApp, Viber or similar promotional communications, either at the time your personal data are initially collected or at any time thereafter.

If you choose to opt out of such communications at any time, you may do so easily, free of charge and in a simple manner, including by clicking the unsubscribe link contained in our email communications, by adjusting your preferences where such functionality is available, or by sending a notice to us using the contact details below.

You can get in touch with us using the following contact details:

Address: Bavaria Towers, Tower 4, 8th Floor, Ring Road, Katameya, Cairo, Arab Republic of Egypt

Telephone: +19739

Email: egypt@lcwaikiki.info / egyptcrm@lcwaikiki.eg

I.                 Changes to This Policy

We may update this Policy from time to time to reflect changes in our operations, services, communication channels, legal requirements or data-processing practices. Where appropriate, we will notify you of material changes through the website, the application, your account, or other suitable communication channels.

The latest version of this Policy will supersede any earlier privacy-policy or data-protection-policy texts relating to the same Egyptian operations or channels, unless a separate notice expressly states otherwise.