1. Privacy, access to and use of information
1.1. We receive various types of information (“Information”) from You when You access the Website, including personal information as detailed in the Protection of Personal Information Act (“POPI”), Act 4 of 2013, the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA (“Personal Information”). Personal Information means information that can identify you as an individual or can identify you. By Personal Information we do not mean general, statistical, aggregated, or anonymised information.
1.2. We take your privacy seriously and are committed to protecting your Personal Information. We use the Personal Information that we collect from you in accordance with this clause.
1.3. Your use of Our services signifies your consent to Us collecting and using Your Personal Information as specified below.
1.4.The processing of your Personal Information as described below is necessary to meet our contractual obligations to You, to meet Our legal obligations, or to meet Our legitimate interests in providing Our services. Our legitimate interests may include providing You and others with a secure environment, analysing, improving, and better tailoring Our products and services, being more efficient, fulfilling any contracts You have with Us and helping to prevent fraud.
1.5. How we collect Your Personal Information:
1.5.1. You provide Personal Information to Us when creating an account with Us;
1.5.2. You may provide Personal Information to Us when communicating with Us;
1.5.3. You may provide Personal Information to Us when interacting with our Website;
1.5.4. If you enter a competition or participate in a promotion, we will ask for relevant Personal Information.
1.6. What Personal Information do we collect?
1.6.1. Contact Information and other identifiers, including your name, mailing address, phone number, email address, and other information that enables Us to contact You;
1.6.2. Health Information, including information about Your skin obtained from Online Skin Assessment that you may choose to complete, and information that you provide to Our skincare consultants;
1.6.3. Verification Information, including Your personal photograph, photo ID or government issued identification, and date of birth;
1.6.4. Payment Information, including your credit or debit card details, bank account information, and payment or other information required when you make a purchase;
1.6.5. Communications, and any other information that you intentionally share, send, or receive using the services, including your e-mail, SMS, WhatsApp, requests made through feedback platforms, automated chatbots or similar technology, and any other information you choose to share with us — including your photos, videos, blog entries, interests, hobbies, lifestyle choices, and groups with which you are affiliated — and that you send or receive using the services;
1.6.6. Device and Usage Information, including information about your computer or device and Internet or other electronic network activity information.
1.6.7. You may choose not to provide certain Personal Information, but that may limit the services or products that You may wish to obtain from Us.
1.7. How we use your information. We may use Your Personal Information to:
1.7.1. To meet Our contractual obligations with You;
1.7.2. Diagnose any issues that you have with Your skin and suggest relevant skincare products;
1.7.3. Send You Your orders and confirm that your orders have been received;
1.7.4. Validate you as a customer when using our services and calling our help desk;
1.7.5. Prevent and detect criminal activity, fraud and misuse of or damage to our services or networks;
1.7.6. Prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
1.8. How long do we keep your Personal Information for?
The time periods for which we keep your Personal Information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
1.9. Disclosing your information to third parties. Your Information, that is required by affiliates and subsidiaries to give effect to transactions that You choose to enter into, is shared with those entities. We provide relevant Personal Information to the following categories of third parties:
1.9.1. Our e-commerce platform & certain payment service providers;
1.9.2. Our inventory and order management platform provider;
1.9.3. Our accounting platform provider;
1.9.4. Our customer relationship management platform provider;
1.9.5. Our service desk platform provider;
1.9.6. Our transactional email platform provider;
1.9.7. Our email marketing platform provider;
1.9.8. Our data or third party data backup providers may include Google and Amazon Web Services.
1.9.9. Our logistics platform providers and partners, required for the delivery of products that You order.
1.10. How can you manage your privacy preferences?
If you would like us to stop processing or storing your Personal Information for any reason, please write to us at firstname.lastname@example.org allowing us 14 (fourteen) working days to complete your request.You may also write to Us to request what Personal Information we currently hold of Yours.
1.11. Interception of communications
1.11.1. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
1.11.2. Us and the Owners will not be responsible for any damages You or any third party may suffer as a result of the transmission of confidential or disclosed information You make to the Owners or Us through the Internet, or that You expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
1.11.3. We undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on Your electronic device (personal computer or other electronic device used to access the Website), which may result due to the lack of adequate virus protection software or spyware that You may inadvertently have installed on Your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken.
1.11.4. Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, You agree that We may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Us, Our employees, directors or agents. You agree that Your consent satisfied the requirements of ECTA and RIC for consent in “writing” as defined.
1.12.1. A cookie is a basic text file that is stored on Your device (computer, mobile phone, tablet or other device) by a website’s server. Each cookie is unique to Your web browser and contains completely anonymous information such as a unique identifier and the website name.
1.12.2. Our Website utilises first and third party cookies. This enables Us to a) improve Your experience on the Website through various means such as storing preferences (like keeping You logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytic tools like Google Analytics and b) provide more relevant display advertising to You, using third party tools such as the Google Analytics Remarketing.
1.12.3. Most web browsers provide the option to block some or all cookie types should You wish to. You can also opt out of the Google Display Network using the Ads Preference Manager. As many of the Website’s features utilise cookies, we recommend that You do not block them.
1.13. Promotional Information
We aspire to provide first-class service to our customers, which requires Us providing information to You about new services or special offers. In each instance, You are provided an opportunity to opt-out of such information circulars. For more information, please send an email to email@example.com.
1.14. Lawful Purposes
When We are served with due legal process requiring the delivery of Personal Information, We have the legal duty to abide by that demand and will do so. We may also impart Personal Information if permitted or required to do so by law.
1.15. Surveys and statistical profiles
1.15.1. We understand that efficiency and customer care translates into good service, We may periodically conduct customer care surveys to enable the updating of service standards.
1.15.2. When We conduct a survey, We will inform You how the information gathered will be used and provide You with the opportunity to opt-out from such surveys.
1.15.3. Despite terms to the contrary, We may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including You, by a third party.