1.1.1 “Act” means the Protection of Personal Information Act, 4 of 2013;
1.1.2 “Blog” means the blog;
1.1.3 “Consent” means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of You for the processing of your Personal Information;
1.1.4 “Direct Marketing” means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
1.1.5 “Information Officer” means the directors of Chommies Cape Town (PTY) LTD;
1.1.6 “Operator” means an outside third party who processes Personal Information for or on behalf of Chommies Cape Town (PTY) LTD in terms of a contract or mandate;
1.1.7 “Personal Information” means any information linked to You or information that can identify You, including but not limited to –
126.96.36.199 information relating to Your gender, nationality, ethnic or social origin, age, language; 188.8.131.52 information relating to Your education or your financial, criminal or employment history;
184.108.40.206 Your identity number, e-mail address, physical address, telephone number, location information or online identifier;
220.127.116.11 Your personal opinions, views or preferences;
18.104.22.168 correspondence sent by You which is of a private or confidential nature;
22.214.171.124 the views or opinions of others about You; and
126.96.36.199 Your name if it appears with other personal information relating to You, or if the disclosure of Your name on its own would reveal further personal information about You; 1.1.8 “PAIA” means the Promotion of Access to Information Act, No 2 of 2000;
1.1.9 “Process” means, in relation to Personal Information, any operation or activity or any set of operations, whether or not by automatic means, including –
188.8.131.52 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
184.108.40.206 dissemination by means of transmission, distribution or making available in any other form; or 220.127.116.11 merging, linking, as well as restriction, degradation, erasure or destruction of that information, and “Processing” shall have a corresponding meaning;
1.1.10 “Chommies Cape Town (PTY) LTD” “we” “us” or “our” means Chommies Cape Town (PTY) LTD (Proprietary) Limited, registration number 2020/083598/07, a limited liability private company incorporated in the Republic of South Africa and having its registered address at 8 Orange Street, Hout bay, Cape Town, 7806 South Africa;
1.1.11 “Website” means the website or any part thereof which is accessible from the URL http://www.chommies.com and
1.1.12 “You” means a visitor or user of the Website or Blog, or any of the content or services associated with the Website or Blog.
- Responsible Party
2.2.1 Physical address: 8 Orange Street, Hout bay, Cape Town, South Africa;
2.2.2 Email address: email@example.com 2.2.3 Website address: www.chommies.com
2.3 We may instruct third party Operators from time to time to undertake certain Processing activities relating to Your Personal Information.
- What Personal Information is collected
3.1 We may collect the following Personal Information from You –
3.1.1 Initials, first name, surname;
3.1.2 Identity number and/or date of birth;
3.1.3 Physical and postal address;
3.1.4 Email address;
3.1.5 Telephone and mobile telephone numbers;
3.1.6 Gender, nationality, ethnic and social origin, age, language preference;
3.1.7 Your personal opinions, views or preferences;
3.1.8 correspondence sent by You which is of a private or confidential nature; and
3.1.9 the views or opinions of others about You; and
3.2 The supply of Personal Information by You to Chommies Cape Town (PTY) LTD is voluntary and not mandatory. However, if You refuse to supply any Personal Information, certain consequences may naturally flow from such a refusal, such as preventing Chommies Cape Town (PTY) LTD from concluding or performing any contract with You, or preventing Chommies Cape Town (PTY) LTD from complying with one or more of our obligations in law.
3.3 There is no applicable law which directly requires or authorises Chommies Cape Town (PTY) LTD to collect Your Personal Information.
- Purpose for collection and processing of personal information
4.1 Chommies Cape Town (PTY) LTD shall only collect Your Personal Information for a specific, explicitly defined and lawful purpose relating to a function or activity of Our business.
4.2 Such purposes may include the following –
4.2.1 to enter into a contract with You;
4.2.2 to perform any obligations under a contract with You;
4.2.3 to comply with a legal obligation;
4.2.4 to protect a legitimate interest of Yours (unless You have specifically objected in writing to all or some of the Processing activities on reasonable grounds);
4.2.5 to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless You have specifically objected in writing to all or some of the processing activities on reasonable grounds);
4.2.6 to Process Personal Information for credit reporting purposes;
4.2.7 to Process Personal Information for Direct Marketing purposes (unless You have opted out of receiving any Direct Marketing material);
4.2.8 to present content to You in the most effective way for Your and Your viewing device and browser;
4.2.9 to customise and display content including, but not limited to products, articles, listings and advertisement to You in a way that We feel may interest You or be most beneficial to You;
4.2.10 to send content including, but not limited to products, articles, listings and advertisement content to You via email or other electronic media, where You have consented to be contacted by Chommies Cape Town (PTY) LTD with such content;
4.2.11 to enable You to voluntarily participate in interactive features on the Website;
4.2.12 to notify You about changes to the Website;
4.2.13 to contact You regarding your orders and/or deliveries.
4.3 If Chommies Cape Town (PTY) LTD intends to Process Your Personal Information for any other purpose not listed in clause
4.2 or which is otherwise not automatically permitted by law, we shall ensure that we obtain Your written Consent to do so.
4.4 Chommies Cape Town (PTY) LTD will not sell Your Personal Information to any third party without Your prior written Consent.
- Collection directly from You
5.1 Chommies Cape Town (PTY) LTD shall, as far as possible, always collect Personal Information about You directly from You, except in the following circumstances –
5.1.1 where Personal Information is collected from a public record, or from another source if the information has already been made public by You;
5.1.2 where You have given Your written Consent to Chommies Cape Town (PTY) LTD to collect your information from another source;
5.1.3 where the collection of Your Personal Information from another source will not prejudice any of Your legitimate interests;
5.1.4 where the collection of Personal Information from another source is necessary to maintain Our legitimate interests or those of any third party we intend sharing the information with;
5.1.5 where the collection of Personal Information directly from You would prejudice the purpose for the collection;
5.1.6 where the collection of Personal Information directly from You is not reasonably practicable in the circumstances.
5.2 If Chommies Cape Town (PTY) LTD collects Personal Information from a source other than You, we shall record in writing the details of that source, including the full names and contact details of that source where applicable.
5.3 Personal Information may be collected from or supplied by You in any of the following ways – 5.3.1 during the process of registering as a member on this Website;
5.3.2 when subscribing to a service or participating in a survey offered on this Website;
5.3.3 when posting a comment, review, reply or recommendation on the Blog;
5.3.4 when requesting further services or information from Chommies Cape Town (PTY) LTD; 5.3.5 when contacting Us to report a problem with the Website or for any other reason; 5.3.6 when completing any forms on the Website.
5.4 You may visit the Website without providing any Personal Information. However, the Website’s servers may still collect technical information regarding the use of the Website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the Website. Such information may include details of Your visit, information about Your computer, including IP (Internet Protocol) address, operating system and browser type, Your location, and usage information. You will not be identified from or by this information and Chommies Cape Town (PTY) LTD is entitled to copy, distribute or otherwise use such information without limitation.
6.1 “Cookies” are small text files transferred by a webserver to your hard drive and thereafter stored on Your computer. The types of information a Cookie collects includes Your name, the date and time of Your visits to the Website and/or the Blog, Your browsing history and preferences.
6.2.2 remember Your last session when You return to the Website or Blog;
6.2.3 estimate the Website or Blog’s audience size and usage patterns;
6.2.4 store information about Your preferences, which allows Us to customize the Website or Blog and content according to Your individual preferences; and
6.2.5 speed up searches on the Website or Blog.
- General conditions for processing personal information
7.1 Chommies Cape Town (PTY) LTD shall comply with all laws, contracts or regulations when we Process Your Personal Information.
7.2 Chommies Cape Town (PTY) LTD shall not act unreasonably when Processing Your Personal Information. This means that we will collect and Process Your Personal Information in a way that You can reasonably expect and in a way that is fair.
7.3 Chommies Cape Town (PTY) LTD shall respect Your right to privacy at all times. If there is another way in which we can achieve the same goal without posing any risk of harm to Your privacy rights, then we will choose that option.
7.4 Similarly, if Chommies Cape Town (PTY) LTD needs to Process Personal Information but there are less privacy-invasive methods of collecting, using and sharing that information, then Chommies Cape Town (PTY) LTD will use those methods.
7.5 Chommies Cape Town (PTY) LTD shall ensure that the Personal Information that is collected and Processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
7.6 If there are any alternative ways to achieve the identified purpose/s without Processing Personal Information, Chommies Cape Town (PTY) LTD shall not Process that Personal
7.7 Chommies Cape Town (PTY) LTD shall ensure that the Processing activities we choose to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
7.8 Chommies Cape Town (PTY) LTD shall ensure that, regardless of the stated purpose/s for Processing Personal Information, Your rights and interests will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, we shall ensure that our own rights and/or interests justify such prejudice or infringement taking place.
7.9 Once Chommies Cape Town (PTY) LTD has achieved the purpose for the collection of Your Personal Information, we will destroy or delete such information, unless You have directed otherwise in writing, or We are required by law to retain the information for a longer period of time.
7.10 If Chommies Cape Town (PTY) LTD no longer needs to Process Personal Information to achieve the purpose originally specified, we will stop using that information.
- Disclosure and sharing of personal information
8.1 Chommies Cape Town (PTY) LTD may, in the course of providing any content or services on this Website or Blog, or for the purposes of concluding or performing any sale or other transaction with You, share certain Personal Information with third party Operators who perform certain Processing activities on behalf of Chommies Cape Town (PTY) LTD.
8.2 Chommies Cape Town (PTY) LTD may also share aggregated information about Your use of this Website or Blog and Your usage patterns. We may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified and Your Personal Information will not be disclosed.
8.3 Other than as stated in clause 8.2, Chommies Cape Town (PTY) LTD shall not share Your Personal Information with any third parties unless We have Your express Consent to do so.
- Your rights in relation to the processing of your personal information
9.1 You shall have the following rights in relation to the Processing of Your Personal Information – 9.1.1to access and correct any Personal Information held by Chommies Cape Town (PTY) LTD about You;
9.1.2 to object to the Processing of their information; and
9.1.3 to lodge a complaint with the Information Regulator.
9.2 You may make a request in terms of clause
9.1.1 by following the process for making such a request as set out in Chommies Cape Town (PTY) LTD PAIA manual.
- Further processing 10.1 Chommies Cape Town (PTY) LTD shall not Process Your Personal Information for any purpose not previously specified except in the following circumstances –
10.1.1 where You have Consented to such further Processing;
10.1.2 where the further Processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between Chommies Cape Town (PTY) LTD and You;
10.1.3 where the further Processing activities are linked to or compatible with the original purpose;
10.1.4 where the further Processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
10.1.5 where the further Processing is necessary to enforce any law;
10.1.6 where the further Processing is necessary for the conduct of legal proceedings in any court or tribunal that has commenced or is reasonably contemplated;
10.1.7 where the further Processing is necessary to prevent or mitigate a serious and imminent threat to Your life or health of or another individual;
10.1.8 where the further Processing is necessary for historical, statistical or research purposes.
10.2 Chommies Cape Town (PTY) LTD shall ensure that if we intend Processing Personal Information for other purposes not previously specified, we shall notify You of such further purposes and the possible consequences of the intended further Processing for You.
- Accuracy, correctness and completeness of personal information
11.1 Chommies Cape Town (PTY) LTD shall take reasonably practicable steps to ensure that the Personal Information kept by Us about You is complete, accurate, not misleading and is updated when necessary.