CONSENT TO PROCESSING OF PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013
This Policy applies to and governs the Southern African license of Instinct (https://www.instinctsurf.co.za/) manufactured under license by Oh Two Clothing (18/22 Cypress Drive, Glen Anil, Durban, South Africa, company registration number: 1997/20940/07) (“Instinct” “we” “our” “us”).
We are the Data Controller of any information provided to us via our website, mobile phone applications, stores, or social media pages. This Policy explains how we obtain, use, and disclose your personal information per the requirements of the Protection of Personal Information Act 4 of 2013 (“POPIA”).
We are committed to protecting your privacy and ensuring that your personal information is collected and used properly, transparently, and lawfully.
What is the POPI Act
POPI refers to South Africa’s Protection of Personal Information Act. This Act regulates the “Processing” of “Personal Information”.
“Personal Information” means information relating to an identifiable, living, natural person or juristic person (sole proprietors, companies, CC’s etc.).
“Processing” means what is done with the Personal Information collected, including usage, storage, dissemination to 3rd parties, alteration, or deletion (whether such processing is automated or not).
Why Do We Collect Information
We collect and process your personal information mainly to contact you to deliver our services accordingly. Personal information is any identifiable details supplied to us that mean we can identify you directly or indirectly. This can be anything from an order number to specific information, such as your address or contact details.
We may also, with your consent, collect your personal information to provide you with marketing, promotional, or competition information.
Data that may be captured about you could include, but is not limited to the following:
- Name and surname;
- Full address, including postcode;
- Telephone numbers;
- Date of birth;
- Order details.
How We Collect Information
We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide us and what information is optional.
The following is a list of when data is collected:
- When placing an order on our website;
- When setting up an account on our website;
- By subscribing to our newsletter, marketing campaigns, or other promotions;
- When entering any prize draws or competitions;
- Filling in any forms on our website or in any of our stores;
- By communicating with our social media pages in the form of comments, or uploading photographs, or use of campaign hashtags;
- By communicating with us via email, telephone, or by writing to us.
- Information about your computer hardware and software is also automatically collected when you use our website. This information can include your IP address, browser type, access times, and/or referring website addresses. This information is used by us for the operation of our website and to maintain the quality of the services offered.
What We Do With Your Collection
We use your personal information only for the purposes for which it was collected and agreed with you.
We only use the personal information provided by you for the following:
- To process orders made on our website, deliver goods, and process any payments and refunds, including the sharing of your data to any third parties involved in the processing of your order and delivery;
- To provide updates for order placed, including any changes regarding parcel delivery;
- To contact you in regards to any communication sent to us;
- Keeping your contact details up to date;
- Management of your online account;
- To detect and prevent possible fraud or abuse on our sites;
- To send you details of marketing campaigns, news about our company, competitions, or promotions that may interest you, providing we have your consent to do so;
- When processing any competition or prize draw entry (if any other purposes for processing your personal information are required, these will be in any Terms and Conditions supplied in association with the competition at entry);
- To confirm your identity or to verify that you are an account holder, for security purposes;
- In connection with legal proceedings;
- For audit and record-keeping purposes;
We do not collect or retain credit card numbers used to purchase products. This information is collected by a third-party payment gateway. We only collect and retain your financial information should we need to process a refund or if you have made a Customer Credit Application. Personal information collected or received by us will only be used for the stated purpose.
Who We Disclose Information To
We will not disclose your personal information to third parties, except where it is a necessary part of providing a service to you, e.g., arranging for a product to be sent to you. These may include, but are not limited to:
- Payment gateways
- Delivery fulfilment companies
- Technology hosts, such as servers and email distributors.
Any information disclosed to us that is shared with any of our third-parties affiliations, or business partners will be limited to only the data needed to carry out instructions to complete your orders or deliver your goods.
Our website may also contain links to websites of our third parties, affiliates, and business partners. If you follow a link to these websites they have their own privacy policies, which may differ from that of ours, please check the details of these policies before you provide any details to third parties directly.
We may disclose your personal information where we have a duty or a right to disclose in terms of law or industry codes, or where we believe it is necessary to protect our rights.
How We Keep Your Information Safe
We safeguard your personal information on an ongoing basis. We continuously review our security controls and related processes to ensure that your personal information remains protected.
Our security policies and practices cover:
- Physical security;
- Network and computer security;
- Access to personal information;
- Secure communications;
- Retention and disposal of information;
- Monitoring access;
- Computer passwords are protected and ringfenced to an individual.
When we engage the services of third parties, we impose and uphold proper security, privacy, and confidentiality obligations on them to ensure that personal information that we are responsible for, is kept safe.
What Your Rights Are
You have the right to access your personal information held by us. You will need to provide us with a copy of your ID for us to confirm your identity before we release any of your personal information. For access to certain information, we are legally required to charge a fee.
You have the right to request us to update, correct, or delete your personal information. To do this, we will require a copy of your ID to confirm your identity before we make any changes to your personal information. For us to deliver the best service we do require you to keep your personal information accurate and up to date.
Any Questions or Concerns
Instinct Head Office
18/22 Cypress Drive
Phone: +27 (0) 31 579 5199
Monday to Thursday: 7am to 4pm
Friday: 7am to 13:00pm