(T&O or we or our or us)
Last updated 30 July 2021
INTRODUCTION
T&O is committed to complying with applicable data protection laws and sets out below details regarding our approach to data protection in our operations. We will only process your personal information in accordance with relevant laws and this Privacy Policy. The purpose of this Privacy Policy is to set out how, why and when we process the personal information we collect and receive from you and the rights available to you in relation to that personal information.
This Privacy Policy applies to all users of www.shankyswhip.co.za, being the website operated by T&O (this Site), related mobile sites, mobile and online web applications, software-based services and applications, social media platforms, emails or any other technology or any other mechanism or means through which you may use to interact with us, collectively referred to as our Platforms, which are used to access and purchase our products and services.
It is important that you read this Privacy Policy together with our other terms and conditions, or policies we may provide from time to time when we collect or use your personal information.
PLEASE TAKE CAREFUL NOTE of the clauses in this Privacy Policy that appear in CAPITAL LETTERS which may limit either T&O or a third party’s risk or liability or may amount to an acknowledgement, risk or liability for you.
IF YOU ARE BELOW THE AGE OF 18 YOU MAY NOT USE THIS SITE AND MAY NOT PURCHASE OUR PRODUCTS
BY VISITING THIS SITE AND/OR PURCHASING ANY PRODUCTS FROM US, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. THIS PRIVACY POLICY APPLIES TO ALL USERS OF THIS SITE, INCLUDING WITHOUT LIMITATION TO USERS WHO ARE BORROWERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT. SHOULD YOU NOT AGREE TO THE PROVISIONS OF THIS PRIVACY POLICY YOU SHOULD NOT USE OUR PLATFORMS.
1. INFORMATION WE COLLECT AND PROCESS
We collect and process personal information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific.We may collect different types of information about you in the ways set out below.
1.1. Information you give us
We may ask you to provide us with certain information about you. This includes any information that you provide to us directly, whether through our Platforms, phone, data messages, fax or any other medium, and may include your name and surname, email address, physical address, gender, mobile phone number, online identifiers, date of birth and/or identification number.
1.2. Information we collect or receive when you use our Platforms
Depending on how you access and use our Platforms, we may receive or collect -
1.2.1.log information (information about your interactions with our Platforms);
1.2.2. other services you use, the time and date of your visit, the time spent on a page, the pages you visit, or the content you view and the search queries you submit);
1.2.3. information we infer about you based on your interaction with our Platforms;
1.2.4. device information (the type of device you're using, how you access our Platforms, your browser type, browser version, or operating system, diagnostic data and your Internet Protocol “IP” address);
1.2.5. location information (your device's GPS signal and information about nearby Wi Fi networks and cell towers). We get this information when you use location-enabled services. You can disable location services when you use our Platforms, through your device settings;
1.2.6. data about you or your business, including but not limited to, data that will allow us to determine patterns, trends and/or risks in an industry;
1.2.7. any other information collected when you communicate with us in any way; and
1.2.8. Google Analytics (Site traffic data – also refer to clause 5 below).
1.3. Special personal information
We are aware that extra protection is afforded to special categories of personal information. We will ensure that the collection and processing of any of the following special categories of personal information is limited to where strictly necessary, and implemented in compliance with the additional protective requirements afforded to each category under applicable data protection laws -
1.3.1. personal information related to minors;
1.3.2. health related information;
1.3.3. race or ethnic origin;
1.3.4. political opinions;
1.3.5. religious or philosophical beliefs;
1.3.6. trade union memberships;
1.3.7. genetic or biometric data; and
1.3.8. sexual life or sexual orientation.
1.4. Information from third-party sources
We may receive additional information about you that is publicly or commercially available, or that you have consented to us receiving from third parties and combine that with the information we have collected or received about you in other ways. We may also receive information about you when you choose to connect with social networking services while using our Platforms.
1.5. Information we collect from you when you apply for a job
We process the information you provide in your curriculum vitae, in our application form and supporting documentation and information during the recruitment process for the purposes of assessing your suitability for the role, for contacting you to progress your application and to take up any references you have provided. In the event that you are successful, this information will form part of your employee file.
2. Why we use the personal information we collect and receive
2.1. We process the personal information we collect and receive for the following purposes –
2.1.1. to identify you and verify your identity;
2.1.2. to verify that you are above the age of 18;
2.1.3. to create a user account for you;
2.1.4. to enter into a contract with you;
2.1.5. to allow you to participate in interactive features of our Platforms when you choose to do so;
2.1.6. for purposes of our recruitment processes; and/or
2.1.7. to respond to your enquiries and complaints or processing your requests in relation to your information.
2.2. When you register on our Platforms and provide us with a unique email address and password as well as other personal information to order goods and services on our Platforms, you become a registered user. As a registered user, we also process your personal information for the following purposes -
2.2.1. to fulfil our contractual obligations to you in providing you with any goods ordered and all actions that are inherently linked to those obligations.
2.2.2. to communicate with you in relation to aspects inherently connected with the provision of our goods and services;
2.2.3. to notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products;
2.2.4. to send you news and/or information about competitions, promotions, special offers and/or general information about other services and events which we offer, that are similar to those that you have already purchased or enquired about (unless you have opted out of receiving such information);
2.2.5. to get feedback from you which we need to develop our products and services and grow our business.
2.2.6. for audit and record-keeping purposes, and to maintain and update our internal records;
2.2.7. to comply with any legal or regulatory obligations such as tax or financial laws; and
2.2.8. to create anonymized databases and reports, including but not limited to, industry benchmarking and other aggregated reports, trend/pattern reports, risk profile reports, all of which we may provide or sell to third parties; and/or
2.2.9. in connection with any legal proceedings.
3. How we process and transfer the information we collect and receive
3.1. We don't sell your personal information to third parties.
3.2. Personal information held by us is processed by appropriate employee members for the purposes for which the information was provided to us.
3.3. We may share your information with -
3.3.1. the employees of the companies in our group of companies and/or third party service providers in order to enable them to assist us to interact with you via our Platforms for the ordering of goods or when delivering goods to you, and all inherently related activities;
3.3.2. law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of personal information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity;
3.3.3. our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your personal information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information;
3.3.4. third parties, where you have provided us with consent for us to share your personal information;
3.3.5. other parties in response to legal process, laws, or when necessary to conduct, enforce or protect our legal rights;
3.3.6. other parties in connection with certain business transactions (in the event that we restructure or sell any of our businesses or assets, we may disclose your personal information to the prospective buyer of such business or assets or other transacting party); and/or
3.3.7. companies that provide services to us or you (companies that provide services to us or you, or act on our behalf may have access to information about you. These companies are limited in their ability to use information they receive in the course of providing services to us or you).
4. Retention of data
4.1. We will not retain your personal information longer than the period for which it is required and/or to comply with applicable law.
4.2. We determine retention periods in respect of information we hold based on -
4.2.1. legal obligations relating to minimum periods to retain data;
4.2.2. the purposes for which we process the personal information and whether we can achieve those purposes through other means;
4.2.3. whether the information is required for reporting and analysis purposes relating to our operations;
4.2.4. the amount, nature, and sensitivity of the personal information;
4.2.5. the potential risk of harm from unauthorised use or disclosure of the personal information.
IN ACCESSING AND USING OUR PLATFORMS, YOU CONSENT TO US RETAINING RECORDS OF YOUR PERSONAL INFORMATION FOR THE PERIOD THAT MAY BE NECESSARY TO ACHIEVE THE PURPOSE FOR WHICH THE PERSONAL INFORMATION WAS COLLECTED.
5. User Tracking and Cookies
5.1. We collect information through various means when you use our Platforms. This may include using cookies, web beacons and other tracking technologies. A cookie is a device transmitted to the hard disk of a user. Cookies do not contain intelligible information but allow linking between you and your personal information, such as your IP address and other information about your experience on the Site. The information and data are gathered directly and automatically by the Site. We process information collected by cookies in a collective and anonymous way in order to optimize the Site for the needs and preferences of the users. You can manage or disable these tracking technologies in your browser settings. If you have started the procedure of deleting cookies, we cannot ensure that all of our web pages will be displayed and that all of our services will be available to you. We use cookies for the following purposes -
5.1.1. to improve your experience on our Platforms by making them more user friendly;
5.1.2. personalise your interactions with our Platform by tailoring our products services and Platforms to your interests and needs;
5.1.3. provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you; and
5.1.4. send Opt-In marketing communication if you are not a registered user.
BY ACCESSING AND USING THE PLATFORM, YOU CONSENT TO OUR USE OF COOKIES
6. Direct Marketing and your Right to Opt-out
You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.
7. Your rights in relation to your personal information
7.1. Subject to certain limitations on certain rights, which will be communicated to you in the event that we are not able to grant any request submitted by you in terms of this clause 7, you have the following rights in relation to your personal information:
7.1.1. Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;
7.1.2. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it;
7.1.3. Withdraw consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent;
7.1.4. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to ask us not to contact you for direct marketing purposes. You can exercise this right at any time by using any of the various "opt-out" options that we will always provide to you when we communicate with you. We won't send you direct marketing messages if you tell us not to, but we will still send you service-related messages;
7.1.5. Request correction of your personal information directly within your account settings section. If you are unable to change your personal information, please contact us to make the required changes; and
7.1.6. Request erasure of your personal information. If you wish for your personal information to be removed from our systems, please contact us. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see above).
7.2. You should be aware that certain information is exempt from the right of access. This may include information which identifies other individuals, or information which is subject to legal privilege.
7.3. You should also be aware that in some instances, if you do not provide information or you exercise any rights regarding the deletion or restriction of your information or object to the processing of your information or withdraw consent, we may not be able to proceed with the particular transaction, action or enquiry that is relevant to our information request.
8. Monitoring of communications
We may monitor and record our communications with you, including e-mails and phone conversations. Information which we collect may then be used for training purposes, quality assurance, to record details about the products and services you use or ask us about, and in order to meet our legal and regulatory obligations generally.
9. Transfer of data
9.1. We are based in and operate from South Africa. Your information, including personal information, may be transferred to and maintained on servers located outside of your country for data storage and back-up purposes to ensure the integrity of our systems.
9.2. When we transfer your personal information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in the data protection laws.
9.3. BY ACCESSING AND USING OUR PLATFORMS, YOU CONSENT TO US TRANSFERRING YOUR PERSONAL INFORMATION OUTSIDE OF SOUTH AFRICA IN ACCORDANCE WITH THE REQUIREMENTS CONTAINED IN DATA PROTECTION LAWS.
10. Security of data
10.1. We will ensure that all our third party service providers and other entities within the organisation are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third party service providers to use your personal information for their own purposes. We will not permit them to process your personal information for any purpose other than the purposes specified by us and in accordance with our instructions.
10.2. We take appropriate technical and organisational steps to ensure the security of your personal information including policies and procedures around use of technology and devices, IT security, document retention and destruction and data breach procedures.
10.3. Some of our systems are provided by third parties (for example, hosted databases and newsletter, website, survey providers and cloud storage providers). We will ensure that this is always subject to contractual assurances that personal information will be kept securely and only in accordance with our specific directions.
10.4. While we take care of the above -
10.4.1. you are responsible for ensuring the security of your username and password information. You must take extreme care not to divulge this information to anyone. In this regard, we will never ask you to disclose your password in an unsolicited communication (whether by telephone or email). You therefore indemnify us against any damages or losses that may result from your failure to ensure the security and secrecy of your username and password information; and
10.4.2. the transmission of data over the internet cannot be guaranteed to be 100% secure and protected. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from via electronic transmission This is particularly true for information you send to us via email, which we cannot guarantee is protected in transit. Once we receive your information, we apply the methods mentioned above to ensure its protection while in our possession. If you are concerned about submitting your personal information to us electronically, please contact us to enquire about making other arrangements.
11. Payment service providers
11.1. We may provide paid products and/or services on our Platforms. We use third-party services for payment processing.
11.2. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
11.3. Payment is processed for orders via the Shopify Payments secure gateway which accepts payment for Products by: MasterCard, Visa, EFT Secure, Mobicred and MasterPass. Their privacy policy can be viewed at https://www.shopify.com/legal/privacy.
12. Links to other websites
12.1. Our Platforms may contain links to or from other websites, mobile applications or services of third parties, advertisers or affiliates, that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit.
12.2. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
13. Contact us
13.1. If you have any questions regarding this Privacy Policy, or would like to enforce any rights you may have under applicable data protection laws, please contact us at:
Information Officer: Brett Pettersen
Contact Number: +27 21 035 1629
Email Address: brett.petterssen@trumanandorange.com
13.2. We will endeavour to respond to any such requests as soon as is reasonably practicable and in any event within statutory time-limits in the applicable country. In some instances, we may be able to charge a fee for responding to your request and will advise you of this and any applicable amount prior to responding.
13.3. Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so. These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.
13.4. You also have the right to lodge a complaint with the relevant supervisory authority, details of which are set out below:
33 Hoofd Street
Forum III, 3rd Floor Braampark
P.O Box 31533
Braamfontein, Johannesburg, 2017
Mr Marks Thibela
Chief Executive Officer
Tel No. +27 (0) 10 023 5200, Cell No. +27 (0) 82 746 4173
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za
14. Changes to this Privacy Policy
14.1. We may update this Privacy Policy from time to time. Any changes to this Privacy Policy will be posted on our Platforms and, where appropriate (if significant and material changes are made), notified to you by e-mail.
14.2. You are advised to visit our website periodically and review our Privacy Policy. Changes to our Privacy Policy are effective from when they are posted on our Platforms.
14.3. This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.
