Privacy Policy

PRIVACY NOTICE AND INFORMED CONSENT NOTICE

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)

(EMAIL, WEBSITE AND SOCIAL MEDIA PRIVACY NOTICE)

The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.

The responsible use of the SWEET-ORR & LYBRO website and related resources in respect of data privacy is important to SWEET-ORR & LYBRO.

Whilst SWEET-ORR & LYBRO is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law, SWEET-ORR & LYBRO has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to the SWEET-ORR & LYBRO Information and Services including its online and social media platforms and applications.

This Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive SWEET-ORR & LYBRO Information and Communications via its electronic communication facilities and resources including its website, email and social media platforms and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.

PLEASE READ THE DOCUMENT BEFORE YOU MAKE USE OF THE SWEET-ORR & LYBRO ELECTRONIC FACILITIES OR PROVIDE SWEET-ORR & LYBRO WITH ANY PERSONAL INFORMATION. BY PROVIDING SWEET-ORR & LYBRO WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO SWEET-ORR & LYBRO PROCESSING YOUR PERSONAL INFORMATION, WHICH SWEET-ORR & LYBRO UNDERTAKES TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY POLICY.

1. INTRODUCTION

1.1 SWEET-ORR & LYBRO in order to carry out its aims and objectives as a manufacturer, marketer and distributor of clothing and textile goods, does, and will, on an ongoing basis receive, provide and process Personal Information.

1.2 In terms of a law known as the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.

1.3 In order to give effect to this right, SWEET-ORR & LYBRO is under a duty to provide any person whose Personal Information is processed by it, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before such Personal Information may be used or processed by SWEET-ORR & LYBRO.

1.4 In accordance with this requirement, SWEET-ORR & LYBRO sets out below
● the reasons why it will have to process a Data Subject’s Personal Information,
● the conditions under which it will receive and use a Data Subjects Personal Information,
● how SWEET-ORR & LYBRO will use and handle this Personal Information, as well as
● the conditions under which it will provide its own Personal Information.

2. APPLICATION

2.1 The Privacy Policy of SWEET-ORR & LYBRO, is applicable to

2.1.1 all SWEET-ORR & LYBRO electronic platforms and facilities, including social media, websites and / or email, whether owned by, established by, used by, hosted by and / or accessed by SWEET-ORR & LYBRO, and

2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned SWEET-ORR & LYBRO electronic platforms and facilities, including, without detracting from the generality thereof, SWEET-ORR & LYBRO employees and staff, consumers and customers, vendors, contractors, service providers and / or other third parties.

2.2.2 all the Personal Information which is owned by SWEET-ORR & LYBRO and which is provided to any responsible parties and / or operators as a result of such person accessing or making use of the SWEET-ORR & LYBRO social media and electronic platforms.

3. ACCOUNTABILITY

3.1 SWEET-ORR & LYBRO takes the privacy and protection of a Data Subject’s Personal Information very seriously and will only process a Data Subject’s Personal Information in accordance with POPIA and the terms of this Privacy Policy.

3.2 In turn where SWEET-ORR & LYBRO provides any of its Personal Information to a Responsible Party or Operator, then such person will be required as a condition of receiving such information, to process such Personal Information in accordance with POPIA and the terms of this Privacy Policy.

3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to SWEET-ORR & LYBRO or that belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by SWEET-ORR & LYBRO to another or received by SWEET-ORR & LYBRO as a result of the use of the SWEET-ORR & LYBRO electronic platforms and facilities.

4. AGREEMENT TO BE BOUND AND CONSENT TO PROCESS

4.1 By accessing or using the SWEET-ORR & LYBRO electronic platforms and facilities including all website and URL’s, any sites housed under its domain names and / or social media platforms, and / or when sending or receiving emails using the SWEET-ORR & LYBRO email, the Data Subject:

4.1.1 acknowledges that it has read and understood this Privacy Policy and related provisions;

4.1.2 agrees to be bound by this Privacy Policy;

4.1.3 agrees to comply with this Privacy Policy; and

4.1.4 gives SWEET-ORR & LYBRO consent to process and further process the required Personal Information for the required purpose, in accordance with this Privacy Policy.

5. RECEIPT, USE AND SHARING OF PERSONAL INFORMATION BY THE SWEET-ORR & LYBRO

5.1 SWEET-ORR & LYBRO will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the SWEET-ORR & LYBRO electronic platforms or facilities, including via its website, or by way of email, telephone or via social media.

5.2 On receipt of the request or query, SWEET-ORR & LYBRO will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:

● for the purposes of identifying and / or verifying the Data Subject’s details;
● for the purposes of providing information, products and / or services or details in connection therewith or pertaining thereto, that the Data Subject, may have requested;
● for trade application and / or purchasing purposes;
● to enrol the Data Subject as a vendor;
● for employment application purposes;
● for the purpose of concluding an employment relationship with an applicant;
● for the purposes of managing any information pertaining to the Data Subject;
● for further processing or general administration purposes;
● for legal or contractual purposes;
● to help SWEET-ORR & LYBRO improve the quality of the SWEET-ORR & LYBRO products and services;
● to help SWEET-ORR & LYBRO detect and prevent fraud and money laundering;
● for the purposes of recovering unpaid monies and / or any other amount due to SWEET-ORR & LYBRO;
● for the purpose of debt collection;
● for the purposes of research, analytical and statistical purposes;
● for the purpose of carrying out analysis and consumer / customer profiling;
● for the purposes of identify other products and services which might be of interest to the Data Subjects;
● for the purposes of informing a Data Subject about SWEET-ORR & LYBRO products and services.

5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, SWEET-ORR & LYBRO may from time to time share a Data Subject’s Personal Information with the following parties:

● SWEET-ORR & LYBRO employees, which will only be done on a need to know basis;
● SWEET-ORR & LYBRO suppliers, which will only be done on a need to know basis;
● SWEET-ORR & LYBRO carefully selected business partners who provide products and services which may be of benefit to a Data Subject which will only be done on a need to know basis; and
● SWEET-ORR & LYBRO operators such as service providers and agents who perform services on behalf of the SWEET-ORR & LYBRO which will only be done on a need to know basis and in terms of a SWEET-ORR & LYBRO operator agreement.

5.4 SWEET-ORR & LYBRO does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:

● SWEET-ORR & LYBRO is legally obliged to provide such information to another for legal or regulatory purposes;
● SWEET-ORR & LYBRO is required to do so for purposes of existing or future legal proceedings;
● the onward transmission or sharing of Personal Information is necessary for the pursuance or protection of SWEET-ORR & LYBRO legitimate interests or that of the Data Subject or a third party;
● SWEET-ORR & LYBRO are involved in the prevention of fraud, loss, bribery or corruption and are using another agent or service provider under a mandate to provide such service, and the agent or service provider needs to process the Data Subject’s Personal Information for the purpose of investigating and or preventing any act of fraud, loss, bribery or corruption, and under all of the abovementioned circumstances, SWEET-ORR & LYBRO will take reasonable measures to ensure that such Personal Information is only provided to the recipient, if such recipient undertakes to keep the Personal Information confidential and secure.

5.5 Where SWEET-ORR & LYBRO has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.

6. RECEIPT, USE AND SHARING OF THE SWEET-ORR & LYBRO PERSONAL INFORMATION

SWEET-ORR & LYBRO on receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, may transmit via its website, or by way of email, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by SWEET-ORR & LYBRO.

7. INFORMATION QUALITY/OPENNESS/DATA SUBJECT PARTICIPATION

7.1 Whilst SWEET-ORR & LYBRO will make all effort to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date, and undertakes to inform SWEET-ORR & LYBRO of any changes to his / her and its Personal Information.

7.2 A Data Subject has a right of access to any Personal Information which SWEET-ORR & LYBRO may have and where applicable may ask SWEET-ORR & LYBRO to correct any inaccuracies in or to any such Personal Information. Any access request must be done by way of a formal SWEET-ORR & LYBRO PAIA process, which is accessible on the PAIA manual or popia@sweet-orr.com.

8. SECURITY OF PERSONAL DATA

8.1 SWEET-ORR & LYBRO makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however the SWEET-ORR & LYBRO advises that it cannot guarantee the security of any information provided to the SWEET-ORR & LYBRO or by the SWEET-ORR & LYBRO through the SWEET-ORR & LYBRO website, e-mail, internet or social media sites. Following this the SWEET-ORR & LYBRO cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond the SWEET-ORR & LYBRO reasonable control.

8.2 The SWEET-ORR & LYBRO website may contain links to other websites outside of SWEET-ORR & LYBRO control. SWEET-ORR & LYBRO is not responsible for the content, privacy or security of these other third party-controlled websites.

8.4 SWEET-ORR & LYBRO makes use of social plugins of social networks such as Facebook, Instagram, YouTube, LinkedIn, and Twitter. Please note that SWEET-ORR & LYBRO has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and SWEET-ORR & LYBRO can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.

8.5 Note that all SWEET-ORR & LYBRO social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis.

8.6 Subject to the provisions above, SWEET-ORR & LYBRO has implemented the appropriate technical and organizational security measures which are required in order to protect all Personal Information and related data which it holds from and / or against unauthorised access, accidental or wilful manipulation, loss or destruction.

9. THIRD PARTY INFORMATION AND THAT BELONGING TO MINORS

9.1 If a Data Subject provides SWEET-ORR & LYBRO with Personal Information on behalf of another, SWEET-ORR & LYBRO will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information.

9.2 If a Data Subject is under the age of 18, such person’s Personal Information will only be processed if the minor’s parent or legal guardian gives the required consent or permission to the processing of the provided Personal Information.

10. Cookie Policy

What are cookies?
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to manage the cookie settings.

Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.

How do we use cookies?
As most of the online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.

The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.

11. Types of Cookies we use

Manage cookie preferences
Cookie Settings

You can change your cookie preferences any time by clicking the above button. This will let you revisit the cookie consent banner and change your preferences or withdraw your consent right away.

In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.

Chrome: https://support.google.com/accounts/answer/32050

Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac

Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?redirectslug=delete-cookies-remove-info-websites-stored&redirectlocale=en-US

Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-in-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc

If you are using any other web browser, please visit your browser’s official support documents.

12. Cookie Privacy Policy

This Privacy Policy describes the policies of Sweet-Orr & Lybro (Pty) Ltd, 16th Street, Elsies River, Cape Town, Western Cape 7490, South Africa, email: popia@sweet-orr.com, phone: +27 21 932 6921 on the collection, use and disclosure of your information that we collect when you use our website ( https://www.sweet-orr.com ). (the “Service”). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.

We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. The revised Policy will be effective 180 days from when the revised Policy is posted in the Service and your continued access or use of the Service after such time will constitute your acceptance of the revised Privacy Policy. We therefore recommend that you periodically review this page.

How We Collect Your Information:
We collect/receive information about you in the following manner:

  • When a user fills up the registration form or otherwise submits personal information
  • Interacts with the website
  • From public sources

How We Use Your Information:
We will use the information that we collect about you for the following purposes:

  • Marketing/ Promotional
  • Customer feedback collection
  • Processing payment
  • Support
  • Manage customer order
  • Dispute resolution
  • Manage user account

If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.

How We Share Your Information:
We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:

  • Ad service
  • Analytics

We require such third party’s to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.

We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.

Your Rights:
Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at popia@sweet-orr.com. We will respond to your request in accordance with applicable law.

You may opt-out of direct marketing communications or the profiling we carry out for marketing purposes by writing to us at popia@sweet-orr.com.

Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.

Cookies Etc.
To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy.

Security:
The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

Grievance / Data Protection Officer:
If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at Sweet-Orr & Lybro (Pty) Ltd, 16th Street, Elsies River, Cape Town, email: popia@sweet-orr.com. We will address your concerns in accordance with applicable law.

13. CONTACT DETAILS

You can contact SWEET-ORR & LYBRO in relation to this Privacy Policy by writing to us at popia@sweet-orr.com.

14. REVISION OF POLICIES

SWEET-ORR & LYBRO reserve the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on the SWEET-ORR & LYBRO website.

Following this, any change to this Policy will be posted as an updated version and readers are advised to visit and re-read this policy on a regular basis.