AGULHAS GEAR PRIVACY POLICY
(Version 1.0 – Effective as of 20 November 2023)
1. PURPOSE OF THIS POLICY
1.1. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way we collect, store, use, and protect information that can be associated with a specific natural or juristic person and can be used to identify that person.
1.2. Please read this policy carefully before using the website and the services or products it may offer.
2. WHEN DOES THIS POLICY APPLY?
You agree that this policy will apply when you access or use our website at www.agulhas.com.
3. BROWSER TERMS AND COMMERCIAL TERMS
There are other terms that are applicable to your use of our Website. Browser Terms can be found at
www.agulhasocean.com/broswer-terms/ on our Website. Additional terms become applicable when you purchase products through our Website www.agulhasocean.com/commercial-terms/).
4. ACCEPTANCE AND CONSENT
You accept all the terms in this policy when you use our Website and consentto us collecting the personal information as referred to in this policy.
5. CHANGES TO THIS POLICY
We may change the terms of this policy from time to time in line with any changes that the law or our internal business operations require, without prior notice. It is your responsibility to consider the policy each time you use our
website. If you do not agree with any terms of this policy, you must stop using our website.
6. PROTECTING YOUR PERSONAL INFORMATION AND COMPLIANCE
We will take the necessary steps to protect your privacy when you use our website, including compliance with the relevant Data Protection Laws (including the Protection of Personal Information Act, 4 of 2013 (“POPI”) in
South Africa; Regulation (EU) 2016/679 General Data Protection Regulation (“GDPR”) and the Data Protection Act of 2018 and Privacy and Electronic Communications Regulations (“UK GDPR”) in the United Kingdom.
7. WHAT IS PERSONAL INFORMATION?
If we refer to “personal information” or “information”; in this policy, we mean personal information as defined in POPI or data as defined in GDPR and the UK GDPR, as may be relevant. It includes, for example, your full name, surname, email address, identity number, contact details, and location.
8. HOW DO WE COLLECT YOUR PERSONAL INFORMATION
We collect information about you when you:
8.1. use our website;
8.2. communicate with us;
8.3. from third parties such as Woocommerce, Klaviyo, UPS and Royal Mall.
9. WHAT PERSONAL INFORMATION DO WE COLLECT
The personal information we collect includes:
9.1. your first name(s);
9.2. surname;
9.3. physical and billing address;
9.4. phone numbers;
9.5. email address;
9.6. IP address;
9.7. cookie information;
9.8. location information;
9.9. device ID;
9.10. demographic information;
9.11. including your age and gender; and
9.12. and any other information which we reasonably need to perform our obligations in terms of the agreement with you when you purchase or use our services.
10. USE OF COOKIES
10.1. We sometimes use “cookies”. “Cookies” are programs that we transfer to your computer’s hard drive. They enable us to improve interactivity with the website. The purpose of “cookies” is to enhance your future visits to our Website.
10.2. You can set your browser to notify you if “cookies” are to be transferred or to reject “cookies” but this may prevent your use of some of our web pages. Cookies enable us to improve our service to you, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to our website. In some instances, we collect and store information about your location. We convert your IP address or mobile GPS data into a rough geo-location.
11. HOW WILL WE USE AND PROCESS YOUR PERSONAL INFORMATION
11.1. We use your information to provide our website and services to you, generally for purposes of our relationship and for email marketing (see clause 13 below).
11.2. We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.
11.3. We will only process adequate and relevant information to:
11.3.1. Perform in terms of our agreement;
11.3.2. Monitor and analyse our business;
11.3.3. Carry out market research, business and statistical analysis;
11.3.4. Comply with our regulatory or other obligations; and
11.3.5. Use your information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest.
12. HOW YOUR PERSONAL INFORMATION IS STORED
12.1. We will store your personal information through cloud storage providers in highly secure data centres.
12.2. We will keep your personal information until you direct us, or we are directed by the law, to delete your data.
13. MARKETING
13.1. We would like to send you information about the products of ours that we think you might like.
13.2. If you have agreed to receive marketing, you may always opt-out at a later date.
13.3. You have the right at any time to stop us from contacting you for marketing purposes or giving your personal information to any of our affiliates.
13.4. If you no longer wish to be contacted for marketing purposes, please follow the instructions on the marketing material you receive from us to opt out.
14. YOUR RIGHTS
14.1. We would like to make sure that you are fully aware of all your personal information protection rights.
14.2. Every user is entitled to the following:
14.2.1. The right to access – You have the right to request us for copies of your personal information.
14.2.2. The right to rectification – You have the right to request that we correct information you believe is inaccurate. You also have the right to request us to complete information you believe is incomplete.
14.2.3. The right to erasure – you have the right to request that we erase your personal information, if the law allows us to do so.
14.2.4. The right to restrict processing – you have the right to request that we restrict the processing of your personal information under certain circumstances.
14.2.5. The right to object to processing – you have the right to object to us processing your personal information under certain circumstances.
14.2.6. The right to information portability – You have the right to request that we transfer your personal information that we have collected to another organisation, or directly to you, under certain circumstances.
14.3. If you make a request, we have one month to respond to your request. Please direct any requests to us as follows:
14.3.1. Chat app available on the website.
14.3.2. Email address: [email protected]
15. PRIVACY POLICIES OF OTHER WEBSITES
Our website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
16. SHARING OF PERSONAL INFORMATION
16.1. We will keep your personal information confidential and only share it with others in terms of this policy if you consent to it, or if the law requires us to share it.
16.2. We have trusted relationships with carefully selected third parties who perform services for us. All these service providers have a contract with us in terms whereof they have a legal obligation to secure your personal information and to use it only in a way that we permit. In general, we may share your information with our affiliates, cloud storage service providers, third-party service providers, payment gateways, regulatory and governmental authorities or tax authorities (if they request us to do so), and any other third party if the law requires us to share it.
16.3. Our website may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+.
16.4. We may transmit or transfer personal information outside of the jurisdiction you are residing into a foreign country.
17. KEEPING INFORMATION UP TO DATE AND RETENTION
17.1. We will aim to keep the personal information we collect as accurate, complete and up-to-date as is necessary for the purposes of this policy.
17.2. We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless retention of the record is required or authorised by law; or you have consented to the
retention of the record.
18. HOW TO CONTACT US
If you have any questions about our privacy policy, or the information we have on you, or you would like to exercise one of your rights, please contact us via email at [email protected] or through the chatbot on the website.
19. COMPLAINTS AND SECURITY BREACH
19.1. We will report any security breach to the relevant authority (depending on the jurisdiction) and the individuals or companies involved.
19.2. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your information, kindly notify us by sending an email to [email protected].
19.3. Should you wish to report a complaint or if you feel we have not addressed your concern in a satisfactory manner, you may contact the relevant authority or seek legal advice.