PRIVACY POLICY

Updated June 20, 2023

  1. This Privacy Policy relates to the business of Design Bespeak (Pty) Ltd, Reg no. 2023/557241/07 (hereinafter referred to as the “Company” and any user and/or any party submitting information to the Company. PLEASE NOTE: Should any user or party (hereinafter referred to as the “user”) submit information to the Company, the Company shall only use such information for the purposes as supplied, subject to the provisions of this policy.
  1. DATA PROTECTION
    1. The Company respects and confirms the user's rights to privacy and data protection. The Company acknowledges the rights and obligations imposed on all parties in terms of the South African Protection of Personal Information Act (“POPIA”). The Company shall use, process and store the user’s personal information in terms of this Privacy Policy and in accordance with the provisions of POPIA.
  2. WEBSITE / ELECTRONIC PLATFORM BROWSING
    1. A user can visit the Company’s website and/or other electronic platforms and access information while remaining anonymous and without revealing any personal information. When the user enters the Company’s website and/or electronic platform, the Company can determine the user’s domain name and its browser and operating system, but the Company cannot determine any personal information. The Company uses this information only to ascertain technical implementation to ensure its users get the best possible experience for the browser they are using.
  3. COOKIES
    1. Limited personal information is collected using cookies (an alphanumeric identifier) on the Company’s website and/or electronic platform. It enables the Company’s website to recognise the user when visiting the Company’s website again. Cookies may also be used to compile aggregate information about pages of the Company’s website that is visited most frequently. This information can be used to enhance the content of the Company’s website and/or electronic platform. The Company do not monitor the pages looked at by the user whilst visiting the Company’s website and/or electronic platform. The user can disable the use of cookies by configuring the browser accordingly.
  4. PROVIDING OF PERSONAL INFORMATION
    1. In order to obtain certain products, services or to receive communication, the Company may ask the user to provide details to receive such products, services or communication. The Company may request and/or collect personal information from the user, which may include the following: name, surname, identity number, address, contact numbers and e-mail addresses, profile information, photographs, transaction history, financial data, as well as telephone recordings, CCTV footage and biometric information. It remains the user’s responsibility to provide the Company with accurate and true personal information. Should there be a change of any of the user’s personal information, the user should inform the Company without delay.
  5. LIMITATION ON USE OF PERSONAL INFORMATION
    1. The personal information provided by the user will only be used by the Company to provide the requested products, services or communication. By the user providing its personal information, the user agrees to this Privacy Policy and authorises the Company and its authorised service providers to use and process such personal information for the purposes as provided herein and based upon the terms hereof. The Company may also use such information for its own internal purposes including the verification of identity, managing and updating customer databases and for marketing and product research. The Company uses all reasonable endeavours including reasonable organisational and technical controls, to have electronic procedures and systems to ensure accuracy and to prevent unauthorised access to the user’s personal information. The Company will not sell, rent or otherwise disclose the user’s personal information to any third party for any other purposes as agreed and/or in order to provide the relevant products and/or services, without the user’s consent. The Company reserves the right to provide information to governmental agencies, authorities and other regulatory or self-regulatory organisations if the Company is required to do so by law or such action is necessary to comply with the law or with any legal process, or to protect and defend the Company’s rights and property or that of the Company’s customers or other associated companies, or to prevent fraud or abuse, misuse or unauthorised use of the Company’s website; or to protect the personal safety or property of customers or the public. The Company reserves the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, which shall not include the disclosure of any personal information which can identify any individual user in any manner.
  6. USE AND PROCESSING OF PERSONAL INFORMATION
    1. The Company will only use the user’s personal information for purposes of the following:
      1. i) To provide services, products or communication as required;
      2. ii) In terms of any other contract as agreed or reasonably required in terms the performance of a contract with the Company;
      3. iii) The management and administration of the Company’s business;
      4. iv) To provide marketing information subject to the user’s consent and option to unsubscribe to receiving such information;
      5. v) Where it may be required for the protection of the Company and/or the user’s legitimate interest;
      6. vi) In the event where the Company may sell, transfer or merge any part or portion of its business or assets, subject to the new owner continuing to use the user’s personal information in accordance with this Privacy Policy;
      7. vii) Where it may be necessary to share the personal information with other companies or entities within the Company’s group of companies, including holding company/ies and/or subsidiaries of the Company;
      8. viii) Where the Company may be obliged in terms of any authority or in terms of a legal obligation.
      The Company shall only retain the user’s personal information for the period necessary to fulfil the services and/or providing the products and/or for such other period as required by law.
  7. USER’S RIGHTS
    1. The user has the right to have its personal information processed lawfully by the Company, which shall include the right to:
      1. i) Be notified that the personal information is collected;
      2. ii) Be notified when an unauthorised party obtained access to the personal information;
      3. iii) Request whether the Company is holding personal information and to request access to such personal information;
      4. iv) Request the Company to correct, delete or destroy the user’s personal information;
      5. v) Reject to the processing of its personal information;
      6. vi) Object to the processing of personal information for the purposes of direct marketing or unsolicited communications;
      7. vii) Object against automated processing of its personal information;
      8. viii) Submit a complaint to the POPIA Information Regulator and/or institute civil proceedings in the event that the user believes that its personal information has not been used or processes lawfully, or been interfered with.
  8. OPERATORS
    1. To enable the Company to fulfil its business operations, it may be necessary to share the user’s personal information with third party operators (service providers) and the user hereby acknowledges and agrees to such sharing of personal information, within the scope of the Company’s business management and administration. The Company shall ensure that the user’s personal information is lawfully processed by any of the Company’s operators, which shall include all reasonable technical and organisational measures to be used by the operator(s) to protect the user’s personal information.
  9. INTERNATIONAL TRANSFER OF DATA
    1. The Company will not transfer any of the user’s personal information across the borders of the Republic of South Africa, unless required for the purposes of internal purposes, storage, performance of a contract or an obligation of international law. In such event, the Company will take all reasonable steps and measure to ensure that any third party who receives such information outside the Republic of South Africa, adheres to the same and/or similar data protection requirements and/or have the same and/or similar data protection legislation and regulations and/or adequate agreements to ensure data protection compliance.
  10. PAYMENTS
    1. Any payments made on the Company’s website by the user in respect of online services or product purchases, shall be done by means of a third party payment portals. The Company shall not store any of the user’s credit or debit card details. The Company shall inform the user by means of its payment procedures of the third party service provider by whom payments will be managed and processed. The Company shall only use registered financial service providers in respect of online payments.
  11. THIRD PARTY LINKS
    1. The Company’s website may contain links to other third party websites. The Company is not responsible for the privacy practices of third party websites or the manner in which they use cookies. The user should familiarise itself with and read the privacy statements of other third party websites and web pages.
  12. UNSUBSCRIBE
    1. The user may elect not to receive any information or communications from the Company by means of a request to the Company to remove its detail from the Company’s database or to stop from receiving the communication, alternatively the user can follow the unsubscribe instructions on such communications.
  13. AGE OF USER
    1. The use of the Company’s website and online platforms and/or online services (including online management services, ordering and purchases) are provided and directed at persons of 18 years and older. In the event where any user may not be of the age 18 years or older, specific consent should be obtained from the parent and/or guardian to provide personal information. The Company has no authority to use, process or store any personal information of minors, without the consent of the parent and/or guardian.
  14. RIGHT TO AMEND
    1. The Company reserves the right to amend and change this Privacy Policy, which amended policy will be posted on the Company’s website.
  15. TERMS AND CONDITIONS
    1. This Privacy Policy should be read together with the Company’s Online Services Terms and Conditions.
  16. ACCESS TO INFORMATION
    1. The Promotion of Access to Information Act 2000 (PAIA) confirms the right to access of information. In the event where the user would like to receive detail about the information which the Company may have on record about the user, the user may direct such a request to the Company subject to the payment of the Company’s fees and expenses (which will be disclosed to the user in accordance with the PAIA Manual) in respect of the providing of such information by the Company to the user.
  17. CONTACT US
    1. To contact us about anything to do with your personal information and the protection of your personal information, including to make a data subject access request, please use the following details:
    2. Attention: The Information Officer
    3. Address: 207 Nixon Street, Nieuw Muckleneuk, Pretoria, 0181, South Africa
    4. Email address: [email protected]
    5. Telephone number: +27 664 798 598