Privacy & Cookie Policy

OUR PRIVACY POLICY

1. We take user privacy seriously, respect your privacy and take all reasonable measures to protect it.

2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to your-

2.1.        Name and surname;

2.2.        Email address;

2.3.        Physical address;

2.4.        Gender;

2.5.        Mobile number; and

2.6.        Date of birth.

3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

5. Subject to clause 6 below, we will not, without your express consent:

5.1.        Use your personal information for any purpose other than as set out below:

5.1.1.            In relation to the ordering, sale and delivery of Goods;

5.1.2.            To contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

5.1.3.            To inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

5.1.4.            To improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or

5.2.        Disclose your personal information to any third party other than as set out below:

5.2.1.            To our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in-order to assist us to communicate with you properly and efficiently;

5.2.2.            To our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in-order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

5.2.3.            To our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and

5.2.4             Pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.

6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

8. We will –

8.1.        Treat your personal information as strictly confidential;

8.2.        Take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

8.3.        Provide you with access to your personal information to view and/or update personal details;

8.4.        Promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;

8.5.        Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;

8.6.        Upon your request, promptly return or destroy any and all of your personal information in our possession or control; and

8.7.        Not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

9. What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular, for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
  • Newsletter

If you do not want us to use your information in this way, please do not tick the relevant box situated on the form on which we collect your information. You have the right to withdraw your consent at any time by contacting us at privacy@ohmybra.co.za or The Pavilion, Cnr Dock & Portswood Road, 8001 Cape Town, South Africa.

We use third party service providers to process and send our newsletters. Such service providers process your personal information only on our behalf and according to our instructions and we remain responsible for protecting your privacy under the Act.

10. OHMYBRA undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, OHMYBRA reserves the right 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.

11. While we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your 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.

12. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than OHMYBRA, OHMYBRA SHALL 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 we do not regulate or control how that third party uses your personal information. 

13. This Website 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 can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 10.

14. This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Please note that we use Google Analytics with the “_anonymizeIP()” extension, which deletes part of your IP address so it cannot be traced to an individual user. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. This website is using Google Analytics to process your data in the manner and for the purpose set out above.

15. Since this is a growing web site and because Internet technologies are constantly evolving, this Policy is subject to change at any time and any changes will be posted on this page.

This Policy was last updated on May 31, 2018.

SUPPLEMENTAL PRIVACY & COOKIE NOTICE FOR VISITORS FROM THE EUROPEAN ECONOMIC AREA

15. If you are accessing our Services from a member state of the European Economic Area (“EEA”), this Supplemental Privacy Notice applies to you in addition to our Online Privacy Policy. This Supplemental Privacy Notice does not otherwise apply to visitors who are accessing our Services from outside the EEA.

16. European Union Regulation 2016/679 of 27 April 2016, governing the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“EU GDPR”), requires us to provide additional and different information about our data processing practices to data subjects in the EEA.

Cookies

16.1 We use the following web cookies and other information technologies to provide features on our web and mobile sites to users in the EEA, including cookies that deliver basic visitor experiences, fuller website experiences such as interactivity with third-party content, and our interest-based advertising on other websites.

16.2 The following types of cookies (and cookie technology) are enabled when a web or mobile user visits this website.

16.3 Cookies (and cookie technology) and their functions

Cookie / Technology TypeFunction
User-Input CookiesEnables visitors’ input, choices, or selections across their website experience. Examples include maintaining a shopping cart during a visit or a form throughout a transaction.
Authentication CookiesIdentifies visitors through the website after they log in.
Security CookiesHelps to ensure our website’s security when visitors request a service. For example, we use cookies to help secure account creation and login pages.
Multimedia Player CookiesEnsures such things as image quality, network link speed, or buffer information for video and audio playback.
Load-balancing Session CookiesDirects website traffic to a particular datacenter for the quickest website access, and enables visitors to return to that datacenter if needed.
Visitor Customization CookiesStores preferences and visitor experiential histories: remembers language preference, product-page display preference, and whether certain visitor experiences should be displayed, such as email marketing signup, based on past experiences.
Social Media Plug-in CookiesThese cookies from social media platforms (like Facebook and Instagram) facilitate content sharing on those platforms.
Interest Based Advertising CookiesEnables our advertising vendors to deliver tailored ads to our visitors on other websites. The ads are based on a visitor’s combined online and offline (e.g. in-store) shopping history and experience with us, as well with our vendors’ network of advertisers.
Analytics CookiesEnables us to do things like estimate number of visitors, detect most used search-engine keywords that lead to a webpage, measure page load times, administer visitor surveys, identify navigation issues, and improve web capabilities.

 

17. The legal basis for our processing of your personal data in connection with our Services is Art. 6.1(b) EU GDPR, which allows processing of personal data as necessary for the performance of a contract. When you access our Services, you form a contract with us based on our Site Terms, Conditions and Notices, and we need to process your personal data to respond to your requests, ship products to you and satisfy our obligations with respect to the other purposes listed in our online Privacy Policy.

18. As exceptions, we rely on your consent with respect to cookies and direct marketing emails per Art. 6.1(a) EU GDPR, and legitimate interests under Art. 6.1(f) EU GDPR, especially with respect to situations where we must process your personal data to comply with applicable laws (as a South African-based company, we are subject to South African laws and must comply, just like EEA-based companies have to comply with EEA laws).

19. Recipients or categories of recipients of your personal data are employees of our company and affiliated and non-affiliated services providers who have a need to know.

20. When you access our Services, you transfer your personal data to South African for which the European Union Commission has not yet issued an unlimited adequacy decision.

21. We will process and keep your personal information for as long as is necessary for the purposes set out in this Policy, for our legitimate business needs, and for compliance with the law.

22. You have a right to request from us these EU GDPR rights concerning your personal data: access to data; rectification of data; erasure of data; restriction on processing; objection to data processing; and data portability. You can exercise these rights through a combination of actions: accessing the information in your account; exercising your opt-out options through our Services; and by contacting us on privacy@ohmybra.co.za

23. If you have provided consent for direct marketing emails or other data processing, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

24. You have the right to lodge a complaint with a supervisory authority.

25. We do not use automated decision-making, including profiling, as referred to in Article 22(1) EU GDPR, that is, in a way that produces legal effects concerning you or significantly affects you. Our Services’ customization technologies and e-commerce processes are automated, but do not produce legal effects or affect you significantly as contemplated by Art. 22(1) or (2) EU GDPR.

26. You can contact us with any questions, or to exercise your rights by emailing us on privacy@ohmybra.co.za

CHANGES TO OUR PRIVACY POLICY

27. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email.

CONTACT

28. Questions, comments and requests regarding this privacy policy should be addressed to privacy@ohmybra.co.za or Oh my bra (Pty) Ltd., The Pavilion, Cnr Dock & Portswood Road, 8001 Cape Town, South Africa.

As of: May 2018

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