Privacy Policy

2. DEFINITIONS AND INTERPRETATION

• 2.1In this Privacy Policy, the following words bear the following meanings:

• 2.1.1‘’consent’’ means any voluntary, specific and informed expression of will in terms of which permission is given by a User for the processing of their personal information or special personal information
• 2.1.2‘‘direct marketing’’ means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject
• 2.1.3‘’information officer’’ means the Information Officer of EC from time to time.
• 2.1.4‘‘operator’’ means an outside third party who processes personal information for or on behalf of EC in terms of a contract or mandate.
• 2.1.5‘’PAIA’’ means the Promotion of Access to Information Act 2 of 2000.
• 2.1.6‘’personal information’’ means any information linked to a User or information that can identify a User, including but not limited to:

• 2.1.6.1Information relating to a User’s gender, nationality, ethnic or social origin, age, language.
• 2.1.6.2A User’s e-mail address, physical address, telephone number, location information or online identifier.
• 2.1.6.3A User’s financial information including banking details and invoice information.
• 2.1.6.4A User’s personal opinions, views or preferences.
• 2.1.6.5Correspondence sent by a User which is of a private or confidential nature.
• 2.1.6.6The User’s special personal information, including without limitation information about a User’s health; and
• 2.1.6.7The User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User.

• 2.1.7‘’POPIA’’ means the Protection of Personal Information Act of 2013, including any regulations or codes of conduct promulgated under it.
• 2.1.8‘’process” or “processing’’ means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:

• 2.1.8.1The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information.
• 2.1.8.2Dissemination by means of transmission, distribution or making available in any other form; or
• 2.1.8.3Merging, linking, as well as restriction, degradation, erasure or destruction of that information.

• 2.1.9“special personal information” means the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life or any biometric information of a User; and may include criminal behaviour of a User to the extent such data relates to the alleged commission of the User of an offence or any proceedings in respect of any offence allegedly committed by a User or the disposal of such proceedings;
• 2.1.10“services” means the services provided to any User by EC.
• 2.1.11‘’User’’ means a visitor or user of this website, or any of the content or services associated with this website or any services associated with EC (including both natural and juristic persons); and
• 2.1.12‘’the website’’ means the website or application or any part thereof which is accessible from https://equipmentcafe.co.za.

• 2.2Any reference in this Privacy Policy to:

• 2.2.1The singular includes the plural and the other way around.
• 2.2.2Any one gender includes the other genders, as the case may be.
• 2.2.3An act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy.

• 2.3When calculating any number of days for the purposes of this Policy, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
• 2.4The word "include" means "include without limitation". Use of the word ‘’include’’ or ‘’in particular’’ is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
• 2.5A requirement that any Policy, request, demand or other communication made in terms of this Privacy Policy must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference, provided that this policy may not be amended as such.

3. RESPONSIBLE PARTY

• 3.1EC will be the party who will be collecting and processing a User’s personal information and as such is designated as the ‘’responsible party’’ for the purposes of this Policy.
• 3.2EC ‘s contact details are as follows:

• 3.2.1

  Email: privacy@equipmentcafe.co.za;
  Website address: https://equipmentcafe.co.za
  Information Officer: Jody Hart

• 3.3EC may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.

4. WHAT PERSONAL INFORMATION IS COLLECTED?

• 4.1EC may collect the following personal information from the User:

• 4.1.1Initials, first name, surname, maiden name, user name or registered name of entity.
• 4.1.2Title.
• 4.1.3Marital status.
• 4.1.4Health information (including temperature and other symptoms).
• 4.1.5Biometric information (including images).
• 4.1.6Date of birth.
• 4.1.7Email address.
• 4.1.8Age and language preference.
• 4.1.9Gender.
• 4.1.10Cell phone number.
• 4.1.11Physical address, Billing address, or Delivery address.
• 4.1.12Geo-location data.
• 4.1.13Employment or employee details.
• 4.1.14Financial information (this includes credit checks, banking information for the purposes of concluding agreed transactions, and payment card details for the purposes of concluding agreed transactions); and
• 4.1.15Identity or passport number, or registered CIPC number.

• 4.2The supply of personal information by the User to EC is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing EC from concluding or performing any contract with the User or preventing EC from complying with one or more of its obligations in law.
• 4.3There are certain laws which require or authorise EC to collect a User’s personal information.

5. PURPOSE/S FOR COLLECTION AND PROCESSING OF PERSONAL INFORMATION

• 5.1EC shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of EC ‘s business.
• 5.2 Such purposes may include the following:

• 5.2.1To enter into a contract with a User.
• 5.2.2To perform any obligations under a contract with a User.
• 5.2.3To comply with a legal obligation.
• 5.2.4To protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds).
• 5.2.5To pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds).
• 5.2.6To provide the sale of goods and services the User has asked for.
• 5.2.7To improve and develop EC service offerings.
• 5.2.8To make recommendations to the User.
• 5.2.9For security purposes which are in the interests of EC as well as the User.
• 5.2.10To process personal information for direct marketing purposes (only if the User has opted in to receiving any direct marketing material).
• 5.2.11To customise and display content to the User in a way that EC feels may interest the User or be most beneficial to them.
• 5.2.12To send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by EC with such content.
• 5.2.13To enable the User to voluntarily participate in interactive features.
• 5.2.14To notify the User about changes to the website or services.

• 5.3If EC intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.
• 5.4EC will not sell a User’s personal information to any third party without the prior written consent of the User.

6. COLLECTION DIRECTLY FROM USER

• 6.1EC shall, as far as possible, collect personal information about a User directly from the User, except in the following circumstances:

• 6.1.1Where personal information is available on a public record.
• 6.1.2Where the User has given their written consent to EC to collect their information from another source.
• 6.1.3Where it is more practicable to collect the information from another source.
• 6.1.4Where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests.
• 6.1.5Where the collection of personal information from another source is necessary to maintain EC’s legitimate interests or those of any third party it intends sharing the information with.
• 6.1.6Where the collection of personal information directly from the User would prejudice the purpose for the collection.
• 6.1.7Where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
• 6.1.8Transaction data about payments made by the User and other details of products and services the User has purchased from EC.
• 6.1.9Profile data which includes the User’s username, purchases or orders made by the User, the User’s interests and preferences.
• 6.1.10Usage data which includes information about how the User uses the EC website, products, and services.

• 6.2If EC collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
• 6.3Personal information may be collected from or supplied by the User in any of the following ways:

• 6.3.1Through the use of an iOS or Android application.
• 6.3.2Through the use of the service via a computer or mobile browser.
• 6.3.3When requesting further services or information from EC.
• 6.3.4When contacting EC to report a problem with the website or the services or for any other reason.
• 6.3.5When completing any forms on the website or hard copy.

• 6.4The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and EC is entitled to copy, distribute or otherwise use such information without limitation.

7. COOKIES

• 7.1Refer to Equipment Cafe’s Cookie Policy at https://equipmentcafe.co.za.

8. GENERAL CONDITIONS FOR PROCESSING PERSONAL INFORMATION

• 8.1EC shall comply with all laws, contracts or regulations when it processes a User’s personal information.
• 8.2EC shall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
• 8.3EC shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
• 8.4Similarly, if EC needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
• 8.5EC shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
• 8.6If there are any alternative ways to achieve the identified purpose/s without processing personal information, EC shall not process that personal information.
• 8.7EC shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
• 8.8EC shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
• 8.9EC shall be entitled to store the personal information of Users indefinitely unless the User objects thereto. In the event a User objects to the indefinite storage, once EC has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or EC is required by law to retain the information for a longer period of time.
• 8.10If EC no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.

9. DISCLOSURE AND SHARING OF PERSONAL INFORMATION

• 9.1EC may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any other services or transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of EA.
• 9.2The information shared and the categories of third party operators with whom it is shared will always be notified to you prior to being shared. Notwithstanding the aforegoing, you consent to us sharing your personal information with the following operators:

• 9.2.1Courier and logistics service providers.
• 9.2.2Credit bureaus and debt collectors.
• 9.2.3Financial service providers.
• 9.2.4Legal and other similar specialist providers.
• 9.2.5Occupational Health and Safety or Health, Safety, Security and Environment service providers.
• 9.2.6Goods, equipment, and similar service providers.
• 9.2.7Insurance brokers and Insurance companies; and
• 9.2.8Service providers that we engage to carry out the supply of goods and services on our behalf.

• 9.3EC may also share aggregated information about Users of this website and their usage patterns. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.
• 9.4Other than as stated in this Clause, or as permitted by law, EC shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.

10. USER’S RIGHTS IN RELATION TO THE PROCESSING OF THEIR PERSONAL INFORMATION

• 10.1Users shall have the following rights in relation to the processing of their personal information:

• 10.1.1To access and correct any personal information held by EC about them.
• 10.1.2To object to the processing of their information; and
• 10.1.3To lodge a complaint with the Information Regulator (https://justice.gov.za/inforeg/).

• 10.2Users may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in EC’s PAIA manual.

11. FURTHER PROCESSING

• 11.1EC shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:

• 11.1.1Where the User has consented to such further processing.
• 11.1.2Where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between EC and the User.
• 11.1.3Where the further processing activities are linked to or compatible with the original purpose.
• 11.1.4Where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence.
• 11.1.5Where the further processing is necessary to enforce or comply with any law.
• 11.1.6Where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated.
• 11.1.7Where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual.
• 11.1.8Where the further processing is necessary for historical, statistical or research purposes.

• 11.2EC shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.

12. ACCURACY, CORRECTNESS AND COMPLETENESS OF PERSONAL INFORMATION

• 12.1EC shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
• 12.2However, if a User is aware of any personal information in EC’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to EC’s information officer by utilising the processes and forms contained in EC's PAIA Manual, in order to update or correct the relevant information.
• 12.3If a User has contested the accuracy of any personal information being used by EC, it shall immediately stop using that information until its accuracy has been verified, if it is reasonably practicable to do so.
• 12.4EC reserves its right to only adhere to a request from a User in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.

13. SECURITY SAFEGUARDS

• 13.1EC is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
• 13.2EC takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
• 13.3EC shall ensure that in any contracts entered into with third party operators who process personal information on EC’ behalf, include the following obligations:

• 13.3.1The operator shall not process any personal information without EC’s knowledge and authority.
• 13.3.2The operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties.
• 13.3.3The operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by EC.
• 13.3.4The operator shall notify EC immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person.
• 13.3.5 If the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant.
• 13.3.6If an operator is legally obliged to disclose any personal information processed by them on EC’ behalf to other parties, it must notify EC beforehand to enable EC and/or individual Users to protect their rights if necessary.

• 13.4EC shall ensure that all personal information on its systems is properly backed-up and that back- up copies are stored separately from the live files.

14. NOTIFICATION OF BREACH OF SECURITY

• 14.1If personal information about a User is inadvertently leaked or EC’s security has been unlawfully breached by any unauthorised party, EC shall immediately identify the relevant Users who may be affected by the security breach and shall contact them at their last known email address or contact details or by the quickest means possible.
• 14.2EC shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.

15. CHILDREN’S PERSONAL INFORMATION

• 15.1EC shall not process any personal information relating to a person under the age of 18 years unless it has obtained consent from that person’s parent or legal guardian. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to EC processing such information according to the further provisions of this Privacy Policy.

16. CROSS BORDER TRANSFERS OF PERSONAL INFORMATION

• 16.1The User consents that personal information (including special personal information) may be transferred transborder, even to countries without data protection laws similar to those of South Africa, for storage purposes, or if it is in EC’s legitimate interests or those of a third party to do so.

17. RETENTION OF INFORMATION

• 17.1The User consents that EC may keep record of his/her personal information for an indefinite period of time, unless User objects. In such case EC will only keep such records if it is lawfully entitled or obliged to do so.

18. RETURNING, DESTROYING OR DELETING PERSONAL INFORMATION

• 18.1Where EC is no longer authorised to retain a record of any personal information, it shall either:

• 18.1.1Ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
• 18.1.2Return the information to the User or transfer it to a third party, if requested by the User in writing to do so.

19. CONSENT

• 19.1By accessing or using the website or by using the services offered by EC, The User is deemed to have provided consent to the processing of their personal information in terms of the provisions of this Privacy Policy.
• 19.2The User acknowledges and agrees that such consent has been given voluntarily and that The User has read and understands the provisions of this Privacy Policy, in particular, regarding the following:

• 19.2.1The types of personal information to be processed, including specifically special personal information.
• 19.2.2The specific processing activities to be undertaken.
• 19.2.3The specific purpose/s for such processing; and
• 19.2.4The possible consequences for the User that may arise from such processing.

• 19.3By disclosing or submitting your personal information to EC you consent to EC processing your personal information for the purposes described in terms of this Privacy Policy.
• 19.4Should a User wish to withdraw any consent previously given by the User, they must notify EC’s information officer in writing.

20. LODGING AN OBJECTION

• 20.1A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
• 20.2If a User wishes to object to the processing of their personal information, they should contact EC’s information officer in writing and provide, reasons for doing so. Users may use the process and forms contained within EC’s PAIA manual available on our website.

21. CHOICE OF LAW

• 21.1This Privacy Policy shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

22. AMENDMENT OF THIS PRIVACY POLICY

• 22.1EC reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Policy from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.
• 22.2It is the User’s obligation to periodically check the provisions of this Privacy Policy for any such changes, updates, additions, removals or amendments.
• 22.3The User’s continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Policy will be considered Policy of the User’s acceptance to abide by and be bound by this Privacy Policy, as amended.

23. CONTACT

• 23.1For more information on your rights to privacy over your information, or the information processing activities of EC, please do not hesitate to contact us directly using the contact information contained on our website.

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