1.1. The Oh So Heavenly TM website located at www.ohsoheavenly.co.za/ (the “Website”) is owned and operated by Canway Proprietary Limited Registration Number: 1995/01650/07 (“Canway”).
1.2. This privacy notice (the “Privacy Notice”) applies to each person using the Website (”you/your”).
1.3. Canway reserves the right to amend this Privacy Notice or add provisions to it at any time.
2. INFORMATION COLLECTED
2.1. Canway collects personal information in various instances, including when you:
2.1.1. submit an enquiry through the Website;
2.1.2. use the Website;
2.1.3. create a website user account;
2.1.4. purchase products from Canway;
2.1.5. communicate with Canway regarding an issue experienced with a product (for example, a product reaction);
2.1.6. engage with Canway through the Website;
2.1.7. sign up for a mailing list;
2.1.8. participate in a survey;
2.1.9. take part in events, promotions or competitions.
2.2. If you access the Website without giving Canway any personal information, Canway may still gather certain non-personal information, including information regarding your Website activities.
2.3. If you register with the Website, Canway will collect and use your personal information. This information may include, without limitation, your name and contact details, financial information, transaction history and details of your visits to the Website.
2.4. You may correspond with Canway via the Website regarding an adverse event or undesirable reaction caused by a Canway product. In such a case, Canway will collect your name, contact details and any other information you may provide to us. We will process this information in order to investigate the event or reaction, correspond with you and to comply with any applicable legal obligations regarding product safety or adverse events.
3. PURPOSE OF PERSONAL INFORMATION IS USED
3.1. The purposes for which Canway uses personal information includes, but is not limited to:
3.1.1. providing goods and services to you;
3.1.2. facilitating your transactions on the Website;
3.1.3. improving the products and services offered by Canway as well as the user experience when using the Website;
3.1.4. marketing, promoting and advertising products and services to you;
3.1.5. communicating with you for Canway’s internal purposes;
3.1.6. complying with legal obligations; and
3.1.7. providing you with specialised advertising or promotional material based on your preferences where such preferences have been shared on our website.
3.2. Without limiting the generality of the aforesaid, the Website uses analytics to monitor and analyse web traffic and your behaviour on the Website.
3.3. Canway may process personal information:
3.3.1. to provide goods or services to its customers in terms of an agreement;
3.3.2. in order to protect your legitimate interests;
3.3.3. in Canway’s legitimate interests;
3.3.4. in the legitimate interests of another person to whom Canway supplies personal information;
3.3.5. to comply with legal or regulatory obligations;
3.3.6. if you have provided consent; or
3.3.7. if the processing is allowed by law.
4. RETENTION OF INFORMATION
4.1. Your personal information will be processed and stored for as long as required for the purpose it has been collected for pursuant to the provisions of this Privacy Notice and as long as required by applicable law.
4.2. Personal information collected for purposes related to the performance of a contract between Canway and you will be retained while such contract is being performed. Personal information collected for the purpose of Canway’s legitimate interests will be retained as long as needed to fulfil such purposes.
4.3. Canway may retain personal information for a longer period in instances where you have given consent to such processing, and where such consent has not been withdrawn. Canway may also be required to retain personal information for a longer period when required to do so in the performance of a legal obligation, in accordance with tax or accounting requirements or upon the order of a court order.
5. DISCLOSURE OF PERSONAL INFORMATION
5.1. Canway may release your personal information or disclose it to third parties in certain circumstances, including, but not limited to the following:
5.1.1. if required or authorized to do so by law or a court order;
5.1.2. in order for it to enforce its rights; and
5.1.3. in order for it to provide goods or services.
5.2. The third parties to whom we disclose personal information include, but are not limited to our corporate affiliates and partners; third parties who provide goods and/or services to Canway; and government authorities and registries, organs of state, regulators, courts, tribunals and law enforcement agencies.
6.1. For purposes relating to the Website, Canway uses systems that are sufficiently secure with reference to accepted technological standards at the time of transactions.
6.2. Canway will secure the integrity and confidentiality of Website users’ personal information in its possession and under its control by taking appropriate, reasonable technical and organisational measures to prevent: (i) loss of, damage to or unauthorised destruction of personal information; and (ii) unlawful access to or acquisition of personal information.
6.3. Canway routinely reviews its operations to ensure that personal information remains adequately protected.
7. MARKETING AND PROMOTIONAL MATERIAL
7.1. Canway may from time to time send marketing and promotional material to you.
7.2. You may unsubscribe from receiving further marketing and promotional material. If you wish to do so, you can follow the “unsubscribe” link in the material or send an email to Canway at the following email address firstname.lastname@example.org.
8. TRANSFER OF PERSONAL INFORMATION
8.1. Personal information collected by Canway may be transferred to third party partners and businesses, including online payment providers. In such cases, Canway will take reasonable steps to ensure that such persons have appropriate privacy measures in place.
8.2. Personal information collected by Canway may be transferred to persons in other countries. Those countries’ laws might not protect personal information in the same way or on the same level as the law in South Africa. However, Canway will take reasonable steps to ensure that recipients in other countries have appropriate privacy measures in place, for example, by executing a legal agreement with the recipient where necessary.
9.2. Some cookies used by Canway are absolutely essential for the Website to function properly. These cookies ensure basic functionalities and security features of the Website. Canway also uses advertisement cookies to provide you with relevant advertisements and marketing campaigns. These cookies track visitors across websites and collect information to provide customised advertisements. Further, Canway uses analytical cookies to understand how visitors interact with the Website. These cookies help provide information on metrics, the number of visitors, the bounce rate, traffic source etc.
9.3. You may disable or decline cookies. However, if this is done, you may not be able to use the Website properly and certain aspects of the Website may not function.
10. YOUR RIGHTS
10.1. You may exercise certain rights regarding personal information processed by Canway. In particular, subject to the provisions of applicable law, you have the following rights:
10.1.1. the right to access personal information;
10.1.2. the right to rectify personal information;
10.1.3. the right to erase personal information;
10.1.4. the right to restrict the processing of personal information;
10.1.5. the right to object to the processing of personal information.
10.2. Canway may, in certain instances, legally refuse or decline your request to exercise these rights.
10.3. In some instances, you may withdraw consent for processing. This withdrawal will have no effect on any lawful processing of personal information preceding such withdrawal.
10.4. If you wish to exercise any of these rights, you can contact Canway’s information officer using the details below. Canway may charge a fee for accessing, amending or deleting your personal information. You will be advised of this fee in advance, if applicable.
10.5. Canway contact details
Canway Proprietary Limited
Telephone number: 031 566 5424
E-mail address: email@example.com
10.6. If you have a complaint about our processing of your personal information, you also have the right to contact the Information Regulator (South Africa). The Regulator’s details are as follows:
JD House, 27 Stiemens Street, Braamfontein, Johannesburg
PO Box 31533, Braamfontein, Johannesburg, 2001