Privacy Policy

PRIVACY POLICY

1. INTRODUCTION

1.1. This privacy policy (“Policy”) explains when and why we collect personal information about you, how we use it, the conditions under which we may disclose it to others, how we keep it safe and your rights and choices in relation to your personal information.

1.2. The Company takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Policy.

1.3. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.

1.4. Your use of our Website and/or services signifies your consent to us collecting and using your personal information as specified below.

2. PERSONAL INFORMATION WE COLLECT

2.1. When you visit the Website, the Company may collect the following personal information, after informing you about the fact that the information is being collected, and providing you an opportunity to give your consent:

  • 2.1.1. Your full name and surname;

  • 2.1.2. Identity number;

  • 2.1.3. Physical and work address;

  • 2.1.4. Employment information/records;

  • 2.1.5. Credit/criminal history;

  • 2.1.6. Marital status and spouse’s information (if applicable);

  • 2.1.7. Cellphone number and work telephone number;

  • 2.1.8. Email address.

3. HOW WE COLLECT INFORMATION ABOUT YOU

3.1. Contact forms: When you submit a request on the Website for the Company to contact you, we need to know your name, contact number and email address to fulfil your request.

3.2. Applications: When you apply for credit or other services with the Company, we will collect your personal information to approve or decline your application.

3.3. Agreements: When you enter into an agreement with the Company, we will collect your personal information for purposes of performing our obligations and exercising our rights under such agreement.

3.4. Subscriptions: When you subscribe to our newsletter or marketing materials, we will request your name and surname, contact number and email address to send you certain materials from time to time.

3.5. Third Parties: We may receive your Personal Information from third parties physically or by electronic means, if you consent, or if we need it to comply with our obligations under a contract with you or the third party, or to comply with any legal and regulatory requirements.

3.6. Monitoring: We may monitor general consumer behaviour patterns to help us better tailor our offering according to your needs and wishes.

3.7. Promotions: Once you subscribe to our promotions, we will be sending you the current promotions or special offerings we might have from time to time. Clients will be entitled to unsubscribe at any time by clicking the unsubscribe link provided.

3.8. Cookies: We collect information from your visits to our websites to help us gather statistics about usage and effectiveness, personalize your experience, and tailor our interactions with you. We do so through the use of various technologies, including cookies. Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity. For further information visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and then above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

4. HOW WE USE YOUR INFORMATION

4.1. We may use personal information to:

  • 4.1.1. Verify your identity and the accuracy and completeness of the information provided by you;

  • 4.1.2. Communicate with you via telephone, email, or other electronic applications, or in person;

  • 4.1.3. Respond to your enquiries or comply with your requests;

  • 4.1.4. Calculate the maximum value of goods or services to be made available to you;

  • 4.1.5. Calculate your capability and propensity to pay all due amounts to The Company in respect of goods or services;

  • 4.1.6. Open, administer and service the agreement/s between you and The Company;

  • 4.1.7. Statistical analysis;

  • 4.1.8. Develop and improve our products, systems, and IP;

  • 4.1.9. To perform credit checks and risk profile assessments;

  • 4.1.10. Share aggregated non-personal information with third parties;

  • 4.1.11. Share information with third parties in limited circumstances, including when complying with legal processes, preventing fraud or imminent harm, ensuring the security of the network or services;

  • 4.1.12. Provide anonymous reporting for internal and external clients.

5. YOUR RIGHTS

5.1. You have various rights in respect of the Personal Information we hold about you – these are set out in more detail below. If you wish to exercise any of these rights, please contact the Deputy Information Officer at popia@kohde.io.

5.2. Right to object: You can object to our processing of your Personal Information. Please contact us as noted above, providing details of your objection.

5.3. Access to your Personal Information: You can request access to a copy of your Personal Information that we hold, along with information on what Personal Information we use, why we use it, who we share it with, how long we keep it for and whether it has been used for any automated decision making. You can make a request for access free of charge. Please make all requests for access in writing to the Information Officer.

5.4. Consent: We don’t always need your consent to use your Personal Information as we will be using it only to fulfil our obligations and exercise our rights. There are limited circumstances where we may ask for your consent to process your information. Where you have given us your consent to use Personal Information, you can withdraw your consent at any time.

5.5. Rectification: You can ask us to change or complete any inaccurate or incomplete Personal Information held about you.

5.6. Erasure: You can ask us to delete your Personal Information where it is no longer necessary for us to use it, you have withdrawn consent, or where we have no lawful basis for keeping it. Please be aware that we may have legal obligations to retain records for a certain period. Where we are required by law to keep certain information, we will be unable to delete such information.

5.7. Portability: You can ask us to provide you or a third party with some of the Personal Information that we hold about you in a structured, commonly used, electronic form, so it can be easily transferred.

5.8. Restriction: You can ask us to restrict the Personal Information we use about you where you have asked for it to be erased or where you have objected to our use of it.

5.9. No automated-decision making: Automated decision-making takes place when an electronic system uses Personal Information to make a decision without human intervention. You have the right not to be subject to automated decisions that will create legal effects or have a similar significant impact on you, unless (i) you have given us your consent (ii) it is necessary for a contract between you and us, or (iii) is otherwise permitted by law. You also have certain rights to challenge decisions made about you. We do not currently carry out automated decision-making, but we will notify you in advance if this changes.

6. STORAGE

6.1. The time periods for which we keep your personal information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for

longer than necessary for the purpose for which the information was collected or for which it is to be processed. 6.2. Personal information will be destroyed once it has become obsolete.

7. DISCLOSING YOUR INFORMATION TO THIRD PARTIES

  • 7.1. We do not sell or rent your information to third parties.

  • 7.2. We do not share your information with third parties for marketing purposes.

  • 7.3. We do however share your personal information with third parties where it is necessary to perform certain functions to provide our products and services to you.

  • 7.4. The Company will only share your personal information in the following instances:

    • 7.4.1. Where the disclosure is made with your consent; or

    • 7.4.2. Where The Company is obliged to disclose information as required by law, without consent.

7.5. You indemnify The Company against any liability arising from third party sharing of personal information if done in accordance with the purposes stated above.

8. BUSINESS TRANSFERS

8.1. If the Company sells its business to a third party, its customer/client base will be one of the transferable assets.

9. LAWFUL PURPOSES

9.1. When we are served with the due legal process requiring the delivery of Personal Information, We have the legal duty to abide by that demand and will do so.

9.2. We may also impart Personal Information if permitted or required to do so by law.

10. SOCIAL MEDIA

10.1. When you interact with us on social media platforms such as Facebook, Instagram and Twitter we may obtain information about you (for example, when you publicly tag us in an event photo). The information we receive will depend on the privacy preferences you have set on those types of platforms.

11. COOKIES

11.1. What are cookies? A cookie is a collection of information serving as your anonymous individual identifier that is sent to your browser by websites. Cookies are sent when you access a website, they are stored in your computer and they serve to record information about your subsequent online visits. Therefore, after a cookie has been stored on your computer during your first access to a Website, every time you return to the website it will look for its cookie in order to read the stored data.

11.2. Why do we use cookies?

  • 11.2.1. granting you access to restricted content;

  • 11.2.2. tailoring our website’s functionality to you personally by letting us remember your preferences, location or device type;

  • 11.2.3. improving how our website performs;

  • 11.2.4. understanding who our audience is so that we can provide content most relevant to you;

  • 11.2.5. allowing third parties to provide services to our website; and

  • 11.2.6. helping us deliver interest-based advertising where appropriate in compliance with the applicable laws.

11.3. Types of cookies we use We use different types of cookies on our Website. Some of these cookies are placed by us, while others are placed by our third-party plug-ins, suppliers or advertisers. These cookies may be deleted from your device at different times, such as at the end of your browsing session (when you leave the website) or after a pre-set amount of time, or they may persist on your device until you delete them.

We use the following types of cookies on our Website:

11.3.1. essential cookies – these are cookies that allow our website to perform its essential functions. Without these cookies, some parts of our websites would stop working.

  • 11.3.2. site analytics cookies – these are cookies that monitor how our website is performing, and how you interact with it. We use them to know how best to improve our website or services.

  • 11.3.3. functional cookies – these are cookies that remember who you are as a user of our website. We use them to remember any preferences you may have selected on our website, like saving your username and password or settings.

11.4. Deleting cookies

  • 11.4.1. Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually.

  • 11.4.2. Deleting or no longer accepting cookies may prevent you from accessing certain aspects of our website where cookies are necessary or because the website forgot your preferences.

12. CONFIDENTIALITY

12.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by the Company. You shall notify the Company should you discover any loss or unauthorised disclosure of the information.

12.2. Any information or material sent to the Company will be deemed not to be confidential, unless otherwise agreed in writing by the user and the Company.

13. BREACH OR CANCELLATION BY THE COMPANY

13.1. The Company is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the Company’s right to claim damages, should any user:

  • 13.1.1. breach any of these Terms;

  • 13.1.2. in the sole discretion of the Company, use the Website in an unauthorised manner; or

  • 13.1.3. infringe any statute, regulation, ordinance or law.

13.2. Breach of these Terms entitles The Company to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to The Company on an attorney and own client scale.

14. COMPLIANCE WITH SECTION 43(1) OF ECT ACT

14.1. In compliance with section 43(1) of the ECT Act, the following is noted:

Full name: Kohde (Pty) Ltd Registration number: 2015/160531/07 Physical address: 7 Guitar Street, Raslouw Manor, Centurion, Gauteng, 0157 Telephone number: 083 226 4667 Website address: https://kohde.io/ E-mail address: popia@kohde.io

15. COMPLIANCE WITH LAWS

15.1. You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to this Website.

16. NOTICES

16.1. Except as explicitly stated otherwise, any notices shall be given by email to [Drafting note: insert email address] (in the case of the Company) or to the e-mail address you have provided to the Company (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to the Company. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be

given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

17. GENERAL CLAUSES

17.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

17.2. This Website is controlled, operated and administered by the Company from its offices within the Republic of South Africa. The Company makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.

17.3. The Company does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.

17.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

17.5. The Company’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

17.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of the Company.

17.7. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

17.8. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

17.9. importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

17.10. These Terms set forth the entire understanding and agreement between the Company and you with respect to the subject matter hereof.

18. SAFEGUARDS

Maintaining the security of your personal information is important to the Company Tech. Reasonable security safeguards have been implemented to protect your personal information. The Company Tech uses various methods to protect your personal information such as:

18.1. Encryption methods when transmitting payment information, such as your credit card information. An icon resembling a padlock is displayed on the bottom of most windows during encrypted transactions.

18.2. Password protection;

18.3. The Company Tech maintains security protocols internally to ensure that your personal information is protected against unauthorised access, accidental loss or destruction.

19. INTERCEPTION OF COMMUNICATION

19.1. Despite The Company’s best efforts to protect your Personal Information, it is possible for Internet-based communications to be intercepted.

19.2. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured.

19.3. Internet e-mail is vulnerable to interception and forging.

19.4. The Company and its owners will not be responsible for any damages You or any third party may suffer as a result of the transmission of confidential or disclosed information You make to the Company or Us through the Internet, or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted information.

19.5. To ensure acquaintance with and awareness of Our privacy measures and policies, You are urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

20. UNSOLICITED INFORMATION

20.1. Any inquiries, feedback, suggestions, ideas or other information You provide to Us (collectively, “Submissions”), except submissions of a personal and confidential nature will be treated as non-proprietary and non-confidential.

20.2. Subject to the Terms of this agreement, by transmitting or posting any Submissions, You hereby grant Us full ownership of the Submission. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we deem fit, including, but not limited to, copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now know or hereafter developed, alone or as part of other works, or using the Submission within or in connection with The Company goods and services.

20.3. You also acknowledge that Your Submission will not be returned and We may use Your Submission, and any ideas, concepts or ‘know-how’ contained therein, without payment of money or any other form of consideration from Us, for any purpose including, without limitation, developing, manufacturing, distributing and marketing The Company goods and services.

20.4. By making a Submission, You represent and warrant that You own or otherwise control the rights to Your Submission and that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailing, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Us for all claims arising from on in connection with any claims to any rights in any Submission or any damages arising from any Submission provided by You.

20.5. You grant to us the right to use the name that You submit in connection with such Information. You warrant:

  • 20.5.1. that You own or otherwise control all of the rights to the Information that You post;

  • 20.5.2. that the Information is accurate;

  • 20.5.3. that by the supply of the Information to Us, You do not violate this Policy and do not infringe the rights of any other person or entity; and

  • 20.5.4. that You indemnify Us and the Owners for all claims resulting from Our receipt of the Information You supply to Us.

  • 20.5.5. We may monitor and edit or remove any Information posted to public pages. We take no responsibility and assume no liability for any Information posted by You or any third party.

21. SOLICITED INFORMATION YOU GIVE TO US AND CREDIT CARD SECURITY

21.1. We require certain Personal Information necessary to process transactions on the Website.

21.2. We receive and store all information, including Personal Information that you enter on the Website or give to us in any other way. You may choose not to provide certain Personal Information, but that may limit or preclude you from using all functionality on the Website.

21.3. The private information required for executing the orders placed through the e- commerce facility, namely your personal information, credit card details, delivery address, and telephone numbers will be kept in the strictest confidence by us and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number, will be made known to third parties delivering the Products.

21.4. Credit card transactions will be acquired for us via approved payment gateways which will be secure at all times.

21.5. Consumers will always have to manually input their CVC number and complete 3D secure (usually through the use of a One Time Password, depending on your bank) to complete payment in these instances.

21.6. We undertake that we have taken all reasonable precautions to secure the credit card processing that is carried out to receive payments for goods sold. We cannot be held liable for security breaches occurring on your electronic device (personal computer or other electronic device used to access the Website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device, or due to any other security breaches that occur notwithstanding the reasonable precautions we have taken.

22. SURVEYS AND STATISTICAL PROFILES

22.1. We understand that efficiency and Consumer care translates into good service. We may periodically conduct Consumer care surveys to enable the updating of service standards.

22.2. When we conduct a survey, We will inform you how the information gathered will be used and provide you with the opportunity to opt-out from such surveys.

22.3. Despite terms to the contrary, we may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.

23. INTERCEPTION

23.1. Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002, you agree that we may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to us, our employees, directors or agents.

23.2. You agree that your consent satisfied the requirements of ECTA and RICA for consent in “writing” as defined.

24. DELETION OR DESTRUCTION

You may request that we delete and destroy any of your personal information provided that you have finalised your relationship with The Company Tech. The Company Tech will however retain your personal information for so long as is necessary to comply with our legal and business obligations, resolve disputes and enforce this policy.

25. YOUR OBLIGATIONS

As a Consumer and/or user, you have the following obligations: 25.1. You must always abide by the terms and conditions of this Policy and these Terms and Conditions. This includes respecting all intellectual property rights that may belong to third parties (such as trademarks or photographs). 25.2. You must not download or disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of The Company Tech and its community of users on The Company Tech websites and/or mobile applications. 25.3. You must not provide The Company Tech with information that you believe may be false or misleading.

26. REPORTING INCIDENTS

Please let us know: 26.1. If you have been contacted via e-mail about your The Company transactions asking for a password, birth date or other personal information.

26.2. If you believe your personal information has been used for a fraudulent activity.

26.3. If you are a member of the security community and you have to report a technical vulnerability; and

26.4. For any other enquiry relating to information privacy and security.

27. RIGHT TO AMEND THIS POLICY

The Company Tech may, at any time, change this policy by posting an amended policy on the Website. Unless otherwise stated, the current version will apply each time you access the Website.

28. CONTACT US

28.1. For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by telephone at: +27 083 226 4667, or email at popia@kohde.io.

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Last Updated 2022-06-07