PRIVACY POLICY SHOP.CYBERSMART.CO.ZA
 

All users making use of our website by browsing and or shopping via shop.cybersmart.co.za, related websites and applications, collectively known as our “Platforms”, are subject to our Privacy Policy.

Cybersmart (PTY) Ltd, has set out this Privacy Policy, for the purpose of how, when and why (Cybersmart) uses your Personal Information, in order to comply with the POPI act. (Information Act 4 of 2013).  It is important that you read and familiarise yourself with this Privacy Policy together with our terms and conditions, notices and or policies as we may provide from time to time when we collect and or use your Personal Information.

The clauses in this Privacy Policy that appear in similar text and style (i.e. bold), you need to pay special attention to:

• The risk or liability of Cybersmart and or third party may be limited
• Risk or liability for the user may be created
• Cybersmart and/or third-party may be indemnified by the user
• The user serves this as an acknowledgement of a fact

We take the protection of Personal Information seriously and we respect your privacy.  We are required to use some of your personal information every time you shop with us, to strive to deliver excellent service.  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 Cybersmart.
• “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 email address and password as well as other Personal Information in order to order goods and services on our Platforms.
   

You must be 18 years or older to be able to make use of our shopping site.
 

PERSONAL INFORMATION COLLECTED:

Cybersmart 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:

• First Name & Surname & Gender
• ID /Passport or Company Number
• Email Address
• Physical & Delivery Address
• Contact Numbers
• Vat Number if applicable
• Date of Birth
• Online Identifiers

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, Cybersmart processes 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 Wi-Fi 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.
   

WE PROCESS THE PERSONAL INFORMATION WE COLLECT AND RECEIVE TO: 
 

• Verify and Identify the user and Create a User Account 
   

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

• Complete our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns within the required parameters.
• Provide you with information, products or services you request from us to which we supply.
• 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 by updating the information on our terms and conditions or via the platforms themselves.
• Send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information). Please note that you may also receive newsletters based on your interests, recent orders and browsing behaviour. To unsubscribe from newsletters sent to you based on your recent orders and browsing behaviours, visit the Newsletter Subscriptions page under “My Account” or unsubscribe when receiving such a newsletter.
• Gather information from you that 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 for 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 and as it is required or allowed by law and is in line with our internal retention policies and while it is necessary to uphold the contract between you and us, we will keep your personal information subject to your request for us to stop processing your Personal Information.
   

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.

ACCEPTANCE OF USER TRACKING AND COOKIES:

• We 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. By accessing and using the Platform, you consent to our use of cookies.
  
  We use cookies to:
   
• Ensure our platforms are more user-friendly.
• Your interactions within our platforms, tailor our services to your interests and needs, ensures they work on your device and are personalised and 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 and send Opt-In marketing communication if you are not a registered user.

OPT-OUT OF 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.
• We will not use your Personal Information for any other purpose without your permission and 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, the staff at Cybersmart and/or 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 and 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.
• 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 reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets and our suppliers or sellers in order for them to liaise directly with you regarding any goods you have purchased, for them to comply with their regulatory or for any other purpose which may require their involvement.
   

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI.
 

• 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 backup 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.

WE SECURE YOUR PERSONAL INFORMATION
 

• We secure the integrity and confidentiality of your personal information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of personal information; and unlawful access to or processing of personal information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

• Physical, technical and network security.
• Access controls and monitoring of access.
• Secure storage, destruction and encryption of records of Personal Information.
• Personal Information breach reporting and remediation.
• By way of written agreements, the imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.

Should you disclose your Personal Information to any third party other than Cybersmart, Cybersmart shall not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any third party. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.

KNOW YOUR RIGHTS
 

Having provided adequate proof of your identity, you have the right to:

• Correct your information on “my account” in the portal
• Please note that you can stop being a registered user by cancelling your account. In this instance, Cybersmart will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.
• Us complying with your requests upon receipt unless we have a credible reason why we cannot comply.
• Submit a complaint to the Information Regulator.

HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR
 

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.

The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/
 

• This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.