1.INTRODUCTION
1.1’Kamin Taute’ respect Users’ Privacy and will take reasonable measures to protect it, as more fully detailed below.
1.2’Kamin Taute’ may require the User to provide ‘Kamin Taute’ with personal information which includes but is not limited to name and surname, email address, physical address, gender, mobile number and date of birth.
1.3Should the User’s personal information change, please inform ‘Kamin Taute’ and provide ‘Kamin Taute’ with the updates within 7 days to enable ‘Kamin Taute’ to update the User’s personal information.
1.4Users may choose to provide additional personal information to ‘Kamin Taute’, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.
1.5’Kamin Taute’ asks each of its Users to abide by all applicable laws, rules and regulations, as ‘Kamin Taute’ promise its Users that ‘Kamin Taute’ will do ourselves.
2.USER’S CONSENT
2.1By using ‘Kamin Taute’ and its Website and/or App, the Users consent to the transfer of the User’s personal data. Subject to the below, ‘Kamin Taute’ will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:
2.1.1’Kamin Taute’ uses that information for several purposes: to register the User’s for inclusion in our Service; to fulfil the User’s request; to contact Users if ‘Kamin Taute’ need to obtain or provide additional information; to verify the accuracy of our records; or to contact Users regarding customer satisfaction surveys;
2.1.2in relation to the ordering, sale and delivery of Products and Services;
2.1.3to contact Users regarding current or new Products or Services or any other Products offered by ‘Kamin Taute’ (unless Users have opted out from receiving marketing material from ‘Kamin Taute’);
2.1.4to inform Users of new features, special offers and promotional competitions offered by ‘Kamin Taute’ (unless Users have opted out from receiving marketing material from ‘Kamin Taute’);
2.1.5to improve our Products, Services and Users selection and the User’s experience on our Website and/or App by, for example, monitoring the User’s browsing habits, or tracking the User’s sales on the Website and/or App;
2.1.6collect certain technical information, such as the browser version and operating system;
2.1.7disclose the User’s personal information to any third party other than as set out below:
2.1.7.1to our employees and/or third-party Service providers who assist ‘Kamin Taute’ to interact with Users via our Website and/or App, or any other method, for the ordering of Products or Services and thus need to know the User’s personal information in order to assist ‘Kamin Taute’ to communicate with Users properly and efficiently;
2.1.7.2to our Users (including their employees and/or third party Service providers) in order for them to interact directly with Users via email or any other method for purposes of delivering additional services and/or products, sending Users marketing material regarding any current or new Products or Services, new features, special offers or promotional items offered by them (unless Users have opted out from receiving marketing material from ‘Kamin Taute’);
2.1.7.3to law enforcement, government officials, fraud detection agencies or other third parties when ‘Kamin Taute’ believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy;
2.1.7.4to our Service providers (under contract with ‘Kamin Taute’) who help with parts of our business operations (fraud prevention, marketing, technology Services etc). However, our contracts dictate that these Service providers may only use the User’s information in connection with the Services they perform for ‘Kamin Taute’ and not for their own benefit;
2.1.7.5to our suppliers in order for them to liaise directly with Users in the event of Users submitting a warranty claim regarding any Products or Services Users have purchased which requires their involvement. From time to time ‘Kamin Taute’ may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional information. The Users’ participation in a survey is always voluntary, and Users therefore have a choice as to whether or not to provide the requested survey information. ‘Kamin Taute’ uses the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market.
2.1.7.6some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other Users who in turn have agreed to adhere to this Privacy Policy.
2.1.7.7’Kamin Taute’ is entitled to use or disclose the User’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on ‘Kamin Taute’, or to protect and defend our rights or property.
2.1.7.8’Kamin Taute’ will ensure that all of our employees, third party Service providers, divisions and partners (including their employees and third-party Service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information.
3.PERSONAL INFORMATION
3.1’Kamin Taute’ will treat the User’s personal information as strictly confidential, save where ‘Kamin Taute’ is entitled to share it as set out in this Policy.
3.2’Kamin Taute’ will take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3.3’Kamin Taute’ will provide Users with access to the User’s personal information to view and/or update personal details.
3.4’Kamin Taute’ will promptly notify Users if ‘Kamin Taute’ become aware of any unauthorised use, disclosure or processing of the User’s personal information.
3.5’Kamin Taute’ will provide Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request.
3.6’Kamin Taute’ will upon the User’s request, promptly return or destroy any and all of the User’s personal information in our possession or control, save for that which ‘Kamin Taute’ are legally obliged to retain.
3.7’Kamin Taute’ will not retain the User’s personal information longer than the period for which it was originally needed, unless ‘Kamin Taute’ is required by law to do so, or Users consent to ‘Kamin Taute’ retaining such information for a longer period.
3.8’Kamin Taute’ undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless ‘Kamin Taute’ is compelled to do so by law. In particular, in the event of a fraudulent online payment, ‘Kamin Taute’ is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
3.9Whilst ‘Kamin Taute’ will do all things reasonably necessary to protect the User’s rights of Privacy, ‘Kamin Taute’ cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
3.10If Users disclose the User’s personal information to a third party, such as an entity which operates a Website and/or App linked to this Website and/or App or anyone other than ‘Kamin Taute’, ‘Kamin Taute’ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because ‘Kamin Taute’ does not regulate or control how that third party uses the User’s personal information. The User should always ensure that it reads the Privacy Policy of any third party.
3.11The personal information from Users may be stored and processed in any country where ‘Kamin Taute’ has facilities or where the Products from its Users originate, and by using the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country.
3.12’Kamin Taute’ Website and/or App does not offer information intended to attract children. ‘Kamin Taute’ does not knowingly solicit personal information from anyone under the age of 18.
3.13The User has the right to request a copy of the personal information we hold about the User. To do so contact us on our website. ‘Kamin Taute’ will take all reasonable steps to confirm the User’s identity before providing personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.
3.14The User has the right to ask ‘Kamin Taute’ to update, correct or delete the User’s personal information. The User may do this by contacting ‘Kamin Taute’ on our website. ‘Kamin Taute’ will take all reasonable steps to confirm the User’s identity before making changes to personal information we may hold about the User;
3.15If the User has questions about this Policy, believes ‘Kamin Taute’ has not adhered to it, needs further information about our privacy practices, wishes to give or withdraw consent, exercises preferences, accesses or corrects personal information, contact ‘Kamin Taute’ using our website.
4.SECURITY
4.1’Kamin Taute’ uses reasonable organisational, technical and administrative measures to protect personal information under its control.
4.2If the Users has reason to believe that the User’s interaction with ‘Kamin Taute’ is no longer secure (for example, if Users feel that the security of any account Users might have with ‘Kamin Taute’ has been compromised), please immediately notify ‘Kamin Taute’ of the problem on our website.
5.COOKIES
5.1This Website and/or App makes use of ‘cookies’ to automatically collect information and data through the standard operation of the Internet servers. Cookies are small text files a Website and/or App can use (and which ‘Kamin Taute’ may use) to recognise Users, facilitate the User’s on-going access to and use of a Website and/or App and allow a Website and/or App to track usage behaviour and compile aggregate data that will allow the Website and/or App operator to improve the functionality of the Website and/or App and its content.
5.2Cookies may be used to personally identify Users. If the User does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows Users to deny or accept the cookie feature.
5.3Cookies may be necessary to provide Users with certain features available on our Website and/or App, and thus if the User disables the cookies on the User’s browser the User may not be able to use those features, and the User’s access to our Website and/or App will therefore be limited. If the User does not disable cookies, the User is deemed to consent to our use of any personal information collected using those cookies.
6.CHANGES TO THE PRIVACY POLICY
6.1’Kamin Taute’ may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the User’s responsibility to regularly check the Privacy Policy and make sure that the User is satisfied with the changes. Should the User not be satisfied, the User must not place any further orders on, or in any other way use, the Website and/or App.
6.2Any such change will only apply to the User’s use of this Website and/or App after the change is displayed on the Website and/or App. If the User uses the Website and/or App after such amended Privacy Policy, the User will be deemed to have accepted such changes.
7.ELECTRONIC COMMUNICATIONS
7.1When a User visits the Website and/or App or send emails to ‘Kamin Taute’, the User consents to receiving communications from ‘Kamin Taute’ or any of our Users electronically in accordance with our Privacy Policy.
8.DISCLAIMER
8.1The use of the Website and/or App is entirely at the User’s own risk and Users assume full responsibility for any risk or loss resulting from use of the Website and/or App or reliance on any information on the Website and/or App.
8.2Whilst ‘Kamin Taute’ takes reasonable measures to ensure that the content of the Website and/or App is accurate and complete, ‘Kamin Taute’ makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website and/or App or as to the accuracy, completeness or reliability of any information on the Website and/or App. If any such representations or warranties are made by ‘Kamin Taute’’s representatives, ‘Kamin Taute’ will not be bound thereby.
8.3’Kamin Taute’ disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or App and/or any content therein unless otherwise provided by law.
8.4Although Products sold from the Website and/or App by Users may, under certain specifically defined circumstances, be under warranty, the Website and/or App itself and all information provided on the Website and/or App is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
8.5Any views or statements made or expressed on the Website and/or App are not necessarily the views of ‘Kamin Taute’, its officers, employees and/or agents.
8.6In addition to the disclaimers contained elsewhere on the Website and/or App or in this Privacy Policy, ‘Kamin Taute’ also makes no warranty or representation, whether express or implied, that the information or files available on the Website and/or App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the User’s computer system, computer network, hardware or software in any way. The Users accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of ‘Kamin Taute’, its employees, agents or authorised representatives. ‘Kamin Taute’ thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the User’s access to or use of the Website and/or App.
9.AVAILABILITY AND TERMINATION
9.1’Kamin Taute’ will use reasonable endeavors to maintain the availability of the Website and/or App, except during scheduled maintenance periods, and are entitled to discontinue providing the Website and/or App or any part thereof with or without notice to Users.
9.2’Kamin Taute’ may in its sole discretion suspend and modify this Website and/or App, with or without notice to Users. You agree that ‘Kamin Taute’ will not be liable to Users in the event that it chooses to suspend, modify or terminate this Website and/or App other than for processing any orders made by Users prior to such time, to the extent possible.
9.3If Users fail to comply with the User’s obligations under this Privacy Policy, including any incident involving payment of the price of an order for any Products from other Users, this may (in our sole discretion with or without notice to Users) lead to a suspension and/or termination of the User’s access to the Website and/or App without any prejudice to any claims for damages or otherwise that ‘Kamin Taute’ or the other User may have against Users.
9.4’Kamin Taute’ is entitled, for purposes of preventing suspected fraud and/or where it suspects that Users are abusing the Website and/or App and/or have created multiple User profiles to take advantage, to blacklist Users on its database (including suspending or terminating the User’s access to the Website and/or App), refuse to accept or process payment on any order, and/or to cancel any order concluded between Users and ‘Kamin Taute’, in whole or in part, on notice to Users and accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order for the ‘Kamin Taute’ Services or through a User.
10.GOVERNING LAW AND JURISDICTION
10.1This Privacy Policy and our relationship and/or any dispute arising from or in connection with the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa.
10.2Your continued use of the Website and/or App will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Privacy Policy.
10.3In the event of any dispute arising between Users and ‘Kamin Taute’, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
10.4Nothing in this clause or the Privacy Policy limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA.
11.NOTICES
11.1’Kamin Taute’ hereby selects the address as it reflects on its Website and/or App from time to time, as its address for the Service of all formal notices and legal processes in connection with the Privacy Policy (“legal address”). ‘Kamin Taute’ may change this address from time to time by updating the Privacy Policy.
11.2You hereby select the physical address specified with the User’s invoice as the User’s legal address, but Users may change it to any other physical address by giving ‘Kamin Taute’ not less than 7 days’ notice in writing.
11.3Notices must be sent either by hand, prepaid registered post or email. All notices sent –
11.3.1by hand will be deemed to have been received on the date of delivery;
11.3.2by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
11.3.3by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.
12.GENERAL
12.1Any failure on the part of Users or ‘Kamin Taute’ to enforce any right in terms hereof will not constitute a waiver of that right.
12.2If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
12.3No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
12.4No other warranty or undertaking is valid, unless contained in this document between the parties.
