PRIVACY POLICY
PRIVACY NOTICE AND INFORMED CONSENT NOTICE
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)
(EMAIL, WEBSITE AND SOCIAL MEDIA PRIVACY NOTICE)
The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.
The responsible use of the Sweet-Orr & Co website and related resources in respect of data privacy is important to SWEET-ORR & LYBRO.
Whilst Sweet-Orr & Co is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law, Sweet-Orr & Co has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to the Sweet-Orr & Co Information and Services including its online and social media platforms and applications.
Grievance / Data Protection Officer:
If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at Sweet-Orr & Lybro (Pty) Ltd, 16th Street, Elsies River, Cape Town, email: popia@sweet-orr.com. We will address your concerns in accordance with applicable law. This Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive Sweet-Orr & Co Information and Communications via its electronic communication facilities and resources including its website, email and social media platforms and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.
PLEASE READ THE DOCUMENT BEFORE YOU MAKE USE OF THE Sweet-Orr & Co ELECTRONIC FACILITIES OR PROVIDE Sweet-Orr & Co WITH ANY PERSONAL INFORMATION. BY PROVIDING Sweet-Orr & Co WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO Sweet-Orr & Co PROCESSING YOUR PERSONAL INFORMATION, WHICH Sweet-Orr & CoUNDERTAKES TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY POLICY.
1. INTRODUCTION
1.1 Sweet-Orr & Co in order to carry out its aims and objectives as a manufacturer, marketer and distributor of clothing and textile goods, does, and will, on an ongoing basis receive, provide and process Personal Information.
1.2 In terms of a law known as the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.
1.3 In order to give effect to this right, Sweet-Orr & Co is under a duty to provide any person whose Personal Information is processed by it, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before such Personal Information may be used or processed by SWEET-ORR & LYBRO.
1.4 In accordance with this requirement, Sweet-Orr & Co sets out below
● the reasons why it will have to process a Data Subject’s Personal Information,
● the conditions under which it will receive and use a Data Subjects Personal Information,
● how Sweet-Orr & Co will use and handle this Personal Information, as well as
● the conditions under which it will provide its own Personal Information.
2. APPLICATION
2.1 The Privacy Policy of SWEET-ORR & LYBRO, is applicable to
2.1.1 all Sweet-Orr & Co electronic platforms and facilities, including social media, websites and / or email, whether owned by, established by, used by, hosted by and / or accessed by SWEET-ORR & LYBRO, and
2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned Sweet-Orr & Co electronic platforms and facilities, including, without detracting from the generality thereof, Sweet-Orr & Co employees and staff, consumers and customers, vendors, contractors, service providers and / or other third parties.
2.2.2 all the Personal Information which is owned by Sweet-Orr & Co and which is provided to any responsible parties and / or operators as a result of such person accessing or making use of the Sweet-Orr & Co social media and electronic platforms.
3. ACCOUNTABILITY
3.1 Sweet-Orr & Co takes the privacy and protection of a Data Subject’s Personal Information very seriously and will only process a Data Subject’s Personal Information in accordance with POPIA and the terms of this Privacy Policy.
3.2 In turn where Sweet-Orr & Co provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA and the terms of this Privacy Policy.
3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to Sweet-Orr & Co or that belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by Sweet-Orr & Co to another or received by Sweet-Orr & Co as a result of the use of the Sweet-Orr & Co electronic platforms and facilities.
4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS
4.1 By accessing or using the Sweet-Orr & Co electronic platforms and facilities including all website and URL’s, any sites housed under its domain names and / or social media platforms, and / or when sending or receiving emails using the Sweet-Orr & Co email, the Data Subject:
4.1.1 acknowledges that it has read and understood this Privacy Policy and related provisions;
4.1.2 agrees to be bound by this Privacy Policy;
4.1.3 agrees to comply with this Privacy Policy; and
4.1.4 gives Sweet-Orr & Co consent to process and further process the required Personal Information for the required purpose, in accordance with this Privacy Policy.
5. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY THE SWEET-ORR & LYBRO
5.1 Sweet-Orr & Co will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the Sweet-Orr & Co electronic platforms or facilities, including via its website, or by way of email, telephone or via social media. 5.2 On receipt of the request or query, Sweet-Orr & Co will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:
- for the purposes of identifying and / or verifying the Data Subject’s details;
- for the purposes of providing information, products and / or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested;
- for trade application and / or purchasing purposes;
- to enrol the Data Subject as a vendor;
- for employment application purposes;
- for the purpose of concluding an employment relationship with an applicant;
- for the purposes of managing any information pertaining to the Data Subject;
- for further processing or general administration purposes;
- for legal or contractual purposes;
- to help Sweet-Orr & Co improve the quality of the Sweet-Orr & Co products and services;
- to help Sweet-Orr & Co detect and prevent fraud and money laundering;
- for the purposes of recovering unpaid monies and / or any other amount due to SWEET-ORR & LYBRO;
- for the purpose of debt collection;
- for the purposes of research, analytical and statistical purposes;
- for the purpose of carrying out analysis and consumer / customer profiling;
- for the purposes of identify other products and services which might be of interest to the Data Subjects;
- for the purposes of informing a Data Subject about Sweet-Orr & Co products and services.
5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, Sweet-Orr & Co may from time to time share a Data Subject’s Personal Information with the following parties:
- Sweet-Orr & Co employees, which will only be done on a need to know basis;
- Sweet-Orr & Co suppliers, which will only be done on a need to know basis;
- Sweet-Orr & Co carefully selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need to know basis; and
- Sweet-Orr & Cooperators such as service providers and agents who perform services on behalf of the Sweet-Orr & Cowhich will only be done on a need to know basis and in terms of a Sweet-Orr & Co operator agreement.
5.4 Sweet-Orr & Co does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:
- Sweet-Orr & Co is legally obliged to provide such information to another for legal or regulatory purposes;
- Sweet-Orr & Co is required to do so for purposes of existing or future legal proceedings;
- the onward transmission or sharing of Personal Information is necessary for the pursuance or protection of Sweet-Orr & Co legitimate interests or that of the Data Subject or a third party;
- Sweet-Orr & Co are involved in the prevention of fraud, loss, bribery or corruption and are using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to process the Data Subject’s Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption, and under all of the abovementioned circumstances, Sweet-Orr & Co will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.
5.5 Where Sweet-Orr & Co has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.
6. RECEIPT, USE AND SHARING OF THE Sweet-Orr & Co PERSONAL INFORMATION
Sweet-Orr & Co on receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, may transmit via its website, or by way of email, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by SWEET-ORR & LYBRO.
7. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION
7.1 Whilst Sweet-Orr & Co will make all effort to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date, and undertakes to inform Sweet-Orr & Co of any changes to his / her and its Personal Information.
7.2 A Data Subject has a right of access to any Personal Information which Sweet-Orr & Comay have and where applicable may ask Sweet-Orr & Coto correct any inaccuracies in or to any such Personal Information. Any access request must be done by way of a formal Sweet-Orr & Co PAIA process, which is accessible on the PAIA manual or popia@sweet-orr.com.
8. SECURITY OF PERSONAL DATA
8.1 Sweet-Orr & Co makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however the Sweet-Orr & Co advises that it cannot guarantee the security of any information provided to the Sweet-Orr & Co or by the Sweet-Orr & Co through the Sweet-Orr & Co website, e-mail, internet or social media sites. Following this the Sweet-Orr & Co cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond the Sweet-Orr & Co reasonable control.
8.2 The Sweet-Orr & Co website may contain links to other websites outside of Sweet-Orr & Co control. Sweet-Orr & Co is not responsible for the content, privacy or security of these other third party-controlled websites.
8.4 Sweet-Orr & Co makes use of social plugins of social networks such as Facebook, Instagram, YouTube, LinkedIn, and Twitter. Please note that Sweet-Orr & Co has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and Sweet-Orr & Co can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.
8.5 Note that all Sweet-Orr & Co social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis. 8.6 Subject to the provisions above, Sweet-Orr & Co has implemented the appropriate technical and organizational security measures which are required in order to protect all Personal Information and related data which it holds from and / or against unauthorised access, accidental or wilful manipulation, loss or destruction.
9. THIRD PARTY INFORMATION AND THAT BELONGING TO MINORS
9.1 If a Data Subject provides Sweet-Orr & Co with Personal Information on behalf of another, Sweet-Orr & Co will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information.
9.2 If a Data Subject is under the age of 18, such person’s Personal Information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing of the provided Personal Information.
10. Cookie Policy
What are cookies?
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to manage the cookie settings.
Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.
How do we use cookies?
As most of the online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.
The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.
11. Types of Cookies we use
Manage cookie preferences
Cookie Settings
You can change your cookie preferences any time by clicking the above button. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent right away.
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.
Chrome: https://support.google.com/accounts/answer/32050
Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac
Internet Explorer: https://support.microsoft.com/en-US/internet-explorer/internet-explorer-help
If you are using any other web browser, please visit your browser’s official support documents.
12. CONTACT DETAILS
You can contact Sweet-Orr & Co in relation to this Privacy Policy by writing to us at popia@sweet-orr.com.
13. REVISION OF POLICIES
Sweet-Orr & Co reserve the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on the Sweet-Orr & Co website.
Following this, any change to this Policy will be posted as an updated version and readers are advised to visit and re-read this policy on a regular basis.