PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through this website (Site). In this Privacy Policy we, us or our means Bestressfree services. When we collect, store and use your personal information, we do so in accordance with the rules set down in the South African Privacy Act legislation that implicate the right to privacy. Of particular importance is the Protection of Personal Information Act 4 of 2013 (POPI), which deals with data protection; the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA), which deals with the interception of communications; and the Electronic Communications and Transactions Act 25 of 2002 (ECTA), particularly in relation to encryption.

It is important that you read this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information. Further, please pay special attention to the clauses in this Privacy Policy that appear in similar text and style (i.e. bold) which:

May limit the risk or liability of Bestressfree or a third party;
May create risk or liability for the user;
May compel the user to indemnify Bestressfree or a third party; and/or
Serves as an acknowledgement, by the user, of a fact.

We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.
In this Privacy Policy, the terms -

“Personal Information”, and “process/processing” bear the same meanings as set out in POPI.
.“we”, “us” or “our” refers to Bestressfree
“you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
“registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique username and password as well as other Personal Information in order to order goods on our Platforms.

YOUR RIGHT TO ACCESS YOUR PERSONAL INFORMATION

You have the right to access, amend, correct, access, or transfer your personal information at any time. Additionally, you have the right to request us to limit the use of, block transfer of, or delete your personal information from our records. To make any request regarding your personal information, please contact us here.

IF YOU ARE BELOW THE AGE OF 18

If you are below the age of 10 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Platforms.

WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

Bestressfree processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a registered user, we have to collect and process your Personal Information to render our services to you.

When you register to use our Platforms, we may collect the following Personal Information:

Name and surname;
Email address;
Physical address;
Billing address;
Gender;
Mobile phone number;
Online identifiers;
Date of birth; and/or
Identification number.

Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.
You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

INFORMATION FROM USING OUR PLATFORMS

When you access our Platforms, whether or not you are a registered user of Bestressfree, we process some of your Personal Information. Depending on how you access and use our Platforms, we may receive:
log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information when you use location-enabled services.
other information about you from third parties, such as social media.

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process the Personal Information we collect and receive to:

identify you;
verify your identity;
create a user account for you; and/or
enter into a contract with you.

As a registered user, we also process your Personal Information in order to:

fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
provide you with information, products or services you request from us.
communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products.
send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information).
get feedback from you which we need to develop our products and services and grow our business.
comply with any legal or regulatory obligations such as tax or financial laws.
undertake research and statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:
we need it to provide our Platforms, products or services to you.
it is required or allowed by law and is in line with our internal retention policies.
it is necessary to uphold the contract between you and us.
you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.
We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.
By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

USER TRACKING AND COOKIES

When you access and use our Platforms we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking.
Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:
Make our Platforms more user friendly.
Personalize your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
Provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
Send Opt-In marketing communication if you are not a registered user.
We will not use your Personal Information for any other purpose without your permission.
By accessing and using the Platform, you consent to our use of cookies.

OPT OUT FROM DIRECT MARKETING

You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION

We do not sell your personal information to third parties for their marketing or any other purposes.
We may provide or make your Personal Information available to:
our employees, Bestressfree works hand in hand with third party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering or delivery of goods.
law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity;
third parties (such as a potential purchaser and its professional advisors) in the event of any reorganization, merger, consolation, sale, joint venture, or other disposition of any or all of our assets;
our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information;
our suppliers in order for them to liaise directly with you regarding any goods you have purchased or for any other purpose which may require their involvement;

SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above (Why we process your Personal Information?), including for data storage and back-up purposes to ensure the integrity of our systems.
When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.
By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI.

1. Personal information
2. Collection and use of personal information
3. Legal bases for processing (for RSA Economic Area users)
4. Disclosure of personal information to third parties
5. How we treat personal information that is also sensitive information
6. Our responsibilities as a ‘controller’ under the GDPR
7. Your rights and controlling your personal information
8. Storage and security
9. Cookies and web beacons
10. Links to other websites
11. Amendments

1. Personal information

Personal information: The types of personal information or personal data we may collect about you include:

your name;
your contact details, including email address, mailing address, street address and/or telephone number;
your credit card details;
your demographic information, such as postcode;
your preferences and/or opinions;
information you provide to us through customer surveys;
details of products and services we have provided to you and/or that you have inquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behavior;
information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

2. Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

to enable you to access and use our Site, associated applications and associated social media platforms;
to contact and communicate with you;
for internal record keeping and administrative purposes;
for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
to run competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have; and
to consider your employment application.

3. Legal bases for processing (for South African national area users)

If you are an individual in the South Africa national area, we collect and process information about you only where we have legal bases for doing so under applicable South African law. The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:

we need it to provide you with our services, provide customer support and personalized features and to protect the safety and security of our services;
it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services and to protect our legal rights and interests;
you give us consent to do so for a specific purpose; or
we need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services.

4. Disclosure of personal information to third parties

We may disclose personal information to:

third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
sponsors or promoters of any competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of South Africa and
third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of South Africa.

The third party will only process your personal information in accordance with written instructions from us. When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organizing, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

Please note that we use the following third parties to process your personal information:

Google Analytics
Hot jar
Infusion soft
Proof

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside South Africa and, if you are an individual located in the South African national area, to third parties that reside outside SANA.
Where the disclosure of your personal information is solely subject to South African privacy laws (and not subject to the GDPR), you acknowledge that some third parties may not be regulated by the Privacy Act and the South African Privacy Principles in the Privacy Act and if any such third party engages in any act or practice that contravenes the South African Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
Where the disclosure of your personal information is subject to GDPR, you acknowledge that there are risks if the third party outside the SANA engages in any act or practice that would contravene the GDPR and where there is no adequacy decision in place with the country outside the SANA or appropriate safeguards in place with the third party.

5. How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the South African Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or bio metric information.
Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.
Sensitive information may also be used or disclosed if required or authorized by law.

6. Our responsibilities as a ‘controller’ under the GDPR

Controllers are defined by the GDPR as natural or legal persons, a public authority, agency or other body to which personal information or personal data has been disclosed, whether via a third party or not, and who determines the purposes and means of processing personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our goods and/or services.
As a controller, we have certain obligations under the GDPR when collecting, storing and using the personal information of individuals based in SANA. If you are an individual located in the SANA, your personal data will:

be processed lawfully, fairly and in a transparent manner by us;
only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);
be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal data was collected;
be processed securely and in a way that protects against unauthorized or unlawful processing and against accidental loss, destruction or damage.

We also apply these principles to the way we collect, store and use the personal information of our Australian customers or clients.
Specifically, we have the following measures in place, in accordance with the SANA:

Data protection policies: We have internal policies in place which set out where and how we collect personal information, how it is stored and where it goes after we get it, in order to protect your personal information.
Right to ask us to erase your personal information: You may ask us to erase personal information we hold about you.
Right to ask us to restrict data processing: You may ask us to limit the processing of your personal information where you believe that the personal information we hold about you is wrong (to give us enough time to verify if the information needs to be changed), or where processing data is unlawful and you request us to restrict the processing of personal information rather than it being erased.
Notification of data breaches: We will comply with the SANA in respect of any data breach.

7. Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the South African Privacy Principles or an article of the SANA and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

8. Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymous and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

9. Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our re-targeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behavior and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

10. Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

11. Amendments

We may, at any time and at our discretion, vary this Privacy Policy. We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

For any questions or notices, please contact our Privacy Officer at:
Bestressfree services Johannesburg, Germiston 1401
Email: admin@Bestressfree.co.za
Last update: 21 May 2022

BESTRESSFREE PTY LTD

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