This policy applies to you if you are:
- a visitor to our website;
- a prospect who contacts us by phone or email; or
- a customer who has ordered the goods or services that we provide.
3. Personal data | information
3.1. Personal data | information includes:
- certain information that we collect automatically when you visit our website;
- certain information collected on registration (see below);
- certain information collected on submission; and
- optional information that you provide to us voluntarily (see below);
3.2. Personal data | information excludes:
- information that has been made anonymous so that it does not identify a specific person;
- permanently de-identified information that does not relate or cannot be traced back to you specifically;
- non-personal statistical information collected and compiled by us; and
- information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal data | information subject to protection under this policy).
3.2.1. Common examples
Common examples of the types of personal data | information which we may collect and process include your:
- identifying information – such as your name, date of birth, or identification number of any kind;
- contact information – such as your phone number or email address;
- address information – such as your physical or postal address;
3.2.2. Sensitive personal data | information
Depending on the goods or services that you require, we may also collect sensitive personal data | information like your bank account details.
4.1. Acceptance required
You accept all the terms of this policy when you contact us through:
- our website;
- all other communication channels; or by
- placing an order or using any of our goods or services.
You may not order or use any of our goods or services, or our website if you do not accept this policy.
4.2. Legal capacity
You may not access our website to order our goods or services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
4.3. Deemed acceptance
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
4.4 Your obligations
You may only send us your own personal data | information or the personal data | information of another data subject where you have their permission to do so.
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website, and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
6.1. On registration
Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal data | information.
This personal data | information may include:
- your name and surname;
- your email address;
- your telephone number;
- your company name, company registration number, and VAT number;
- your postal address or street address; and
- your username and password
We will use this personal data | information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.
6.2. When you contact us
When you contact us, you may be asked to provide certain personal data | information on a voluntary basis. This may include:
- your name and surname;
- your email address; and
- your telephone number.
This information is automatically stored and we will use this personal data | information to provide additional services and information to you, as we reasonably think appropriate, and for any other purposes set out in this policy.
6.3. On order
When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information).
6.4. From browser
Please note that other websites visited before entering our website might place personal data | information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal data | information.
We may place small text files called ‘cookies’ on your device when you visit our website.These files do not contain personal data | information, but they do contain a personal identifier allowing us to associate your personal data | information with a certain device. These files serve a number of useful purposes for you, including:
- tailoring our website’s functionality to you personally by letting us remember your preferences;
- improving how our website performs;
- allowing third parties to provide services to our website; and
- helping us deliver targeted advertising where appropriate in compliance with the applicable laws.
6.6. Third party cookies
6.7. Web beacons
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal data | information. We merely use them to compile anonymous information about our website.
6.8. Optional details
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage or promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
6.9. Recording calls
We may monitor and record any telephone calls that you make to us. We will delete the recording at your request.
6.10. Purpose for collection
We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
Processing includes gathering your personal data | information, disclosing it, and combining it with other personal data | information. We generally collect and process your personal data | information for various purposes, including:
- goods purposes – such as collecting orders for, supplying, and supporting our goods;
- services purposes – such as providing our services;
- marketing purposes – such as pursuing lawful related marketing activities;
- business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
- legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
We may use your usage information for the purposes described above and to:
- remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
- monitor website usage metrics such as total number of visitors and pages accessed; and
- track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
6.11. Consent to collection
We will obtain your consent to collect personal data | information:
- in accordance with applicable law;
- when you provide us with any registration information or optional information.
7. Privacy by design
When we decide to develop a new product or start a new activity that involves the processing of personal data | information, we take the privacy and data protection laws and principles into account and try to build them into the product or activity.
8.1. Our obligations
We may use your personal data | information to fulfil our obligations to you.
8.2. Messages and updates
We may send administrative messages and email updates to you about our service. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.
8.3. Targeted content
While you are logged into the website, we may display targeted adverts and other relevant information based on your personal data | information. In a completely automated process, computers process the personal data | information and match it to adverts or related information. We never share personal data | information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal data | information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal data | information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal data | information.
We may share your personal data | information with:
- other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
- our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit);
- credit bureaus to report account information, as permitted by law;
- banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and
- other third parties who provide us with relevant services where appropriate.
We may disclose your personal data | information as required by law or governmental audit.
9.3. Law enforcement
We may disclose personal data | information if required:
- by a subpoena or court order;
- to comply with any law;
- to protect the safety of any individual or the general public; and
- to prevent violation of our terms of service.
9.4. No selling
9.5. Marketing purposes
We may disclose aggregate statistics (information about the customer population in general terms) about the personal data | information to advertisers or business partners.
We may need to disclose personal data | information to our employees that require the personal data | information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel. Any of our employees or personnel that handle your personal data | information will have signed non-disclosure and confidentiality agreements.
9.7. Change of ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to another entity, we may assign our rights to the personal data | information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal data | information migrating to a new owner, you may request us to delete your personal data | information.
9.8. Unauthorised disclosure
We cannot accept any liability whatsoever for unauthorised or unlawful disclosure of your personal data | information by third parties who are not subject to our control.
We take the security of personal data | information very seriously and always do our best to comply with applicable data protection laws. We will implement and maintain appropriate technical and organisational measures to protect the security and confidentiality of the personal data | information. We host a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. All personal data | information is securely stored in our customer database. We authorize access to personal data | information only for those employees who require it to fulfil their job responsibilities. We implement disaster recovery procedures where appropriate.
11. Supervisory Authority in the EU
Our supervisory authority in the EU is the Bavarian Data Protection Authority (BayLDA). If you are a different supervisory authority in the EU please liaise with them.
Our representative in the EU
If you are the Bavarian Data Protection Authority (BayLDA) or a data subject in the EU, you can either contact us on email@example.com or contact our representative in the European Union.
12. Accurate and up to date
We will try to keep the personal data we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal data on the website. You are able to review or update any personal data that we hold on you by accessing your account online or emailing us. Please note that in order to better protect you and safeguard your personal data, we take steps to verify your identity before granting you access to your account or making any corrections to your personal data. Throughout your interaction with us you retain the right to rectify personal data that is incorrect or inaccurate. This does not apply if we process your personal data in our capacity as a Processor | Operator on behalf of you or the Administrator when you or the Administrator act as the Data Controller | Responsible Party.
We will only retain your personal data for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
- retention of the record is required or authorised by law; or
- you have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal data.
We may retain your personal data in physical or electronic records at our discretion.
14. Transfer to another country
We may transmit or transfer personal data outside of the country in which it was collected to a foreign country and process it in that country. Personal data may be stored on servers located outside the country in which it was collected. You consent to us processing your personal data in a foreign country whose laws regarding processing of personal data may be less stringent.
15. Updating or removing
You may choose to correct or update the personal data you have submitted to us by contacting us via email or via the website.
You are entitled to a right to be forgotten. We will delete any personal data that you don’t want us to have. If you are a data subject of the Administrator or one of our customers (who is the Data Controller | Responsible Party), then you must submit your request to the relevant Data Controller | Responsible Party who will then delete your personal data | information.
16. Restriction of processing
You may request that we restrict the use of your personal data. When we restrict your personal data, we still have the right to store it but not use it.
17. Data portability
If you should wish to transfer your data from us to another Data Controller | Responsible Party we will facilitate this transfer. We will pass on all of our personal data to the Data Controller | Responsible Party.
If you are a data subject of the Administrator or one of our customers (who is the Data Controller | Responsible Party), then you must submit your request for your personal data | information to the relevant Data Controller | Responsible Party, who will then export your personal data | information.
18. Data breaches
We will notify our customers of any confirmed data breaches that have occurred. It is our customers’ responsibility to notify relevant supervisory authority and any affected data subjects of the data breach.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.
Client Data Processing Agreement
Data Processing Agreement
This Data Processing Agreement (the “DPA”) forms part of our Terms of Service (the “Principal Agreement”), and is incorporated into the Principal Agreement by reference. We reserves the right to make changes to the respective Agreements at any time without notice. Any updated versions of the aforesaid Agreements will be posted on our website.
This DPA applies when you sign up for our services, and we acts as the Processor of your Personal Data I Information. When we provide these services to you, you are the Controller I Responsible Party of the Personal Data I Information that we Process because you decide why and how we Process that Personal Data I Information.
2. Definitions and Interpretations
2.1. The defined terms in this DPA supplement the terms of the Principal Agreement. Terms not defined herein will have the meaning as set forth in the Principal Agreement. If there is a conflict between any of the Principal Agreement’s provisions and this DPA’s provisions, the provisions of the DPA will prevail.
“Controller I Responsible Party” means the person who decides why and how Personal Data I Information will be processed. This would be you, our Customer.
“Data Protection Law” means any and all data protection laws and regulations that apply to our Processing of Personal Data I Information under the DPA including, the GDPR, the Protection of Personal Information Act 4 of 2013, ePrivacy laws and, to the extent applicable, the data protection or privacy laws of any other country;
“Data Subject” means the person whose data is processed, which are your customers or site visitors.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data I Information and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“Personal Data I Information” means any data or information that relates to an individual who can be directly or indirectly identified. For example, names and email addresses are Personal Data I Information. Location information, ethnicity, gender, biometric data, religious beliefs, web cookies, and political opinions can also be Personal Data I Information.
“Personal Data Breach” any unauthorized or otherwise unlawful Personal Data I Information processing.
“Process I Processing” means any action performed on data, whether automated or manual. This would include collecting, recording, organizing, structuring, storing, using, or erasing. Thus, basically doing anything with data.
“Processor I Operator” a third party that processes personal Data I Information on behalf of a data controller I Responsible Party .
“Standard Contractual Clauses” means the standard contractual clauses annexed to the EU Clauses/SCCs” Commission Decision 2010/87/EU of 5 February 2010 for the transfer of Personal Data I Information to processors I operator established in third countries.
“Subprocessor I Subopreator” means any person appointed by or on behalf of the Processor I Operator to process Personal Data I Information on behalf of us in connection with the Agreement.
3. Agreement Subject Matter
3.1. Application. The DPA applies when our Processes your Personal Data I Information subject to the applicable Data Protection Law.
3.2. Acceptance. By using our products and services you are deemed to have read, understood, accepted, anD agreed to be bound by all of the terms of the respective Agreements.
3.3. Duration. We will Process Personal Data I Information until the Principal Agreement expires or terminates, unless otherwise agreed in writing, subject to clause 4.1.5 below.
3.4. Limitations. DPA does not apply where our Processes data on either Controller I Responsible Party or Data Subject’s behalf in terms of any activity not set out in the Principal Agreement.
3.5.1. the Processing’s subject-matter;
3.5.2. the Processing’s nature;
3.5.3. the Processing’s purpose;
3.5.4. the Personal Data I Information type;
3.5.5. the Data Subject categories; and
3.5.6. the Controller’s rights.
4. Data Processing and Protection
4.1. Processor’s Obligations
4.1.1. Processing of Data
- We will comply with the applicable Data Protection Law when Processing Personal Data I Information and will only Process Personal Data I Information on Controller I Responsible Party’s documented instructions.
- Controller I Responsible Party instructs us to Process Personal Data I Information to provide the Services and related technical support in terms of the Principal Agreement.
4.1.2. Data Transfer
- We may only transfer Personal Data I Information to a third country or international organisation on Controller I Responsible Party’s documented instructions, unless required to do so by applicable law.
- We must advise Controller I Responsible Party about the legal requirement before Processing the Personal Data I Information, unless the law prohibits them from doing so in the public interest. The Parties agree that the DPA and Principal Agreement constitute Controller I Responsible Party’s documented instructions for Processing Personal Data I Information.
4.1.3. Processors I Operator Personnel
- We will take reasonable steps to ensure that persons authorised by us to Process any Personal Data I Information are subject to appropriate confidentiality obligations.
4.1.4. Security Measures
- Data Security
We will implement appropriate technical and organisational security measures to ensure a level of security appropriate to the risk, including, the measures referred to in Data Protection Law, and the measures referred to in our’s Security Statement.In assessing the appropriate level of security, We will pay special attention to accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data I Information transmitted, stored or otherwise processed.
- AuditsWe will cooperate and provide reasonable assistance for audits (including inspections) by the Controller I Responsible Party or another auditor that they mandate. Controller I Responsible Party must provide us with at least 30 (thirty) business days prior written notice of Controller I Responsible Party’s intention to audit.
- Access to information We will cooperate and provide reasonable assistance for audits (including inspections) by the Controller I Responsible Party or another auditor that they mandate. Controller I Responsible Party must provide us with at least 30 (thirty) business days prior written notice of Controller I Responsible Party’s intention to audit.
- Personal Data I Information BreachWe will notify the Controller Responsible Party without undue delay after becoming aware of a Personal Data I Information Breach.
- Assistance to Controller
Any Personal Data I Information Breach notification makes to assist Controller I Responsible Party will include information we aew reasonably able to disclose, taking into account:
- the technical and organisational measures ControllerI Responsible Party requires to fulfil its obligation to respond to requests by Data Subjects, and
- the nature of Processing, the information available to us, and any restrictions on disclosing the information, such as confidentiality.
4.1.5. Return or Deletion of Personal Data I Information
- Any time upon notification by Controller I Responsible Party, We will, and will cause its Subprocessors I Suboperator to securely delete all Personal Data I Information (including all copies) to the extent permitted by applicable law.
- We agrees to preserve the confidentiality of any Personal Data I Information retained by us in accordance with applicable law. Any active Processing of such Personal Data I Information after the Data Processing services are terminated will be limited to the extent necessary to comply with applicable law. We will ensure that the post-termination obligations in this section are also required of Subprocessors I Suboperator.
- Restriction We will not appoint or assign any of its obligations to any Subprocessor I Suboperator without Controller I Responsible Party’s prior specific authorisation or general written authorisation (provided that we inform Controller I Responsible Party of any intended changes to Subprocessors I Suboperator and gives Controller I Responsible Party an opportunity to object to such changes).
4.1.7. Authorised Subprocessors I Suboperator
- Registrars for domain names,
- CRM for emails and calls,
- Hosting services, or
- any other services necessary to provide services to you.
4.1.8. Specific obligations
We will ensure that its Subprocessors I Suboperator are bound by data protection obligations compatible with our obligations as a Processor I Operator under this DPA.
4.2. Controller I Responsible Party’s Obligations
4.2.1. Warranties. Controller I Responsible Party warrants that it has all necessary rights to provide the Personal Data I Information to us.
4.2.2. Responsibilities. Controller I Responsible Party must make sure that certain designated personnel within their organisation:
- provide all necessary privacy notices to Data Subjects;
- obtain any necessary Data Subject consent to the Processing;
- maintain a record of such consent; and
- Communicate to Processor I Operator that a Data Subject has revoked consent, where a Data Subject does so;
to the extent that applicable Data Protection Law requires.
5. Processing of Personal Data I Information outside of the European Economic Area (the “EEA”)
5.1. Standard Contractual Clauses
5.1.1. When does it apply?
The Standard Contract Clauses apply to any Processing where the parties:
- directly (or via onward transfer) transfer Personal DataI Information outside of the EEA or otherwise to an undesignated territory; or
- Processes Personal Data I Information originating in the EEA outside of it or in an undesignated territory (a territory that has not been designated by the European Commission to ensure adequate levels of protection for Personal Data I Information).
5.1.2. When does it not apply?
- Personal Data I Information that the Parties otherwise transfer or Process; or
- Where Parties have adopted binding corporate rules or a similar mechanism or alternate recognised compliance standard for the lawful transfer of Personal Data I Information outside the EEA.
5.1.3. Adequate protection
The Parties will assess whether the following requirements are met:
- the level of protection of the third country meets the level required by the applicable Data Protection Law, and
- the laws of the third country enable the Processor I Operator to comply with the SCCs.
Supplementary measures may be taken to ensure a level of protection equivalent to the protection provided under the applicable data protection law, if the requirements in this clause are not met. The Parties will implement the guidance from the relevant supervisory authority to determine the supplementary measures they must put in place.
6. General Terms
We will keep all Personal Data I Information confidential, and will not disclose it to any third party except as is required by law.
All notices and communications given under this Agreement must be in writing and will be sent via email. Controller I Responsible Party will be notified via email sent to the address related to its use of the Services under the Principal Agreement. We will be notified via email.
6.3. Liability and indemnity
Each Party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses that the other party incurs arising out of a breach of this DPA or Applicable Data Protection law by the indemnifying party, provided that:
6.3.1. each Party provides the other with a notice of the claim promptly after receiving it;
6.3.2. the indemnified Party gives the indemnifying Party the right to control the defence;
6.3.3. the indemnified Party will provide the indemnifying Party with reasonable assistance as necessary; and
6.3.4. the indemnified Party will avoid admission of liability.
Contact details of the site:
Gentle Approach Salon
34 Tynemouth Road, Plumstead
Cape Town 7800
Tel: 021-797-8246 | 083-274-0556