(+27) 79 475 2378 info@fynandbos.co.za

Privacy Policy

Fyn & Bos: Privacy Policy & Cookie Policy 

 

1.      Cookie Policy

Fyn & Bos does not make use of cookies on its Website. This ensures all our Customers and users equal enjoyment of our Website’s flow and functionalities. Should Fyn & Bos decide to implement cookies on this Website this will be brought to the attention of our Customers and users through a full cookie policy.

2.      Privacy Policy

Definitions and other interpretation tools used in the Fyn & Bos main terms and conditions on this Website shall apply to the terms and conditions of the Cookie Policy and Privacy Policy contained on this Website. The terms and conditions of the main terms and conditions apply mutatis mutandis (subject to the necessary changes) to this Cookie and Privacy Policy.

2.1  Definitions and clause specific interpretation:

2.1.1 “Privacy Policy” – refers to Fyn & Bos’s privacy policy contained in this Website, and specifically the terms of this clause 2: however, although the main terms of the Privacy Policy are contained in this clause 2, other parts of the Website may also contain terms relevant to privacy, but specific to certain key aspects of the terms and conditions;

2.1.2 “ECTRA” – the Electronic Communications and Transactions Act 25 of 2002 as amended from time to time;

2.1.2 “POPI” – the Protection of Personal Information Act 4 of 2013, which act is at present not fully of force and effect yet, but which is anticipated to become of full force and effect in the near future;

2.1.3 “Use” – for the purposes of this clause 2, means for any purpose specified in clause 2.7, including without derogating from the generality hereof: requesting, collecting, collating, processing, disclosing, storing, profiling, analysing, receiving, recording, organising, updating, modifying, retrieving, altering, consulting, using, disseminating by means of transmission, distribution or making available in any other form, merging, linking as well as restricting, erasing, or destroying of information.

The use of one or more of the specific words listed above as included in ‘Use’, will still occur in this Privacy Policy, depending on the context. When this is done it is to better communicate the action taken, but ‘Use’ (or any number of the specific words listed under ‘Use’) shall be deemed to be included should a wider definition be required, permitted or implied, whether by legislation or the context or practice. Depending on the context ‘Use’ may be used in different tenses and either as a noun or verb.

2.2  Fyn & Bos respects the privacy of its Customers and users. As such we subscribe to this Privacy Policy under ECTRA. Although POPI is not fully effective yet and Fyn & Bos not therefore obliged to comply therewith, Fyn & Bos already complies with some of the higher standards set by POPI when dealing with your personal information, particularly when requesting or collecting your personal information. Fyn & Bos’s primary and current concern though is to comply with ECTRA, and is not subject to POPI currently.

2.3  By using the functionalities in and purchasing through this Website, you may be requested to supply personal information at different junctures in order to use certain functionalities or facilities offered on the Website.

2.4  Fyn & Bos will not request personal information without a lawful purpose and which purpose is not disclosed to you in terms of this Privacy Policy.

2.5  All your personal information will be requested and collected with your express written permission to do so. At each juncture where Fyn & Bos collects your personal information we will indicate this with a click wrap agreement ‘tick box’ and request your voluntary consent to collect such personal information. Should you not wish to give your consent to Fyn & Bos using your personal information, you may unfortunately not be able to make use of the functionalities associated with that click wrap agreement. You agree that Fyn & Bos may use your personal information for a minimum of 3 (Three) years from each interaction with Fyn & Bos where new information is supplied by you, or where you purchase a further Product from Fyn & Bos, or where you engage Fyn & Bos for its services – whichever is the later.

2.6  You may request us to no longer market to you at any stage. Kindly address such requests to info@fynandbos.co.za and we will remove you from our mailing list. Despite removing you from Fyn & Bos’s mailing list and ceasing to market to you, Fyn & Bos may continue to Use or retain your personal information for any of the purposes disclosed in this Privacy Policy, and/or if Fyn & Bos is required or permitted by law to do so.

2.7  By consenting to Fyn & Bos’s using your personal information you are agreeing and opting-in to the terms of this Privacy Policy and that Fyn & Bos may Use your personal information in the senses defined in 2.1.3 for the following purposes:

·         To provide you with newsletters and marketing material;

·         To determine your preferences in our Products or Services;

·         To process your purchase from inception to final delivery;

·         To process orders and provide customer service;

·         To comply with the contractual obligations resulting from an Agreement being entered into between Fyn & Bos and you;

·         To fulfil our functions and activities as reasonably and lawfully required;

·         To market Fyn & Bos Products and Services to you, including products or services that may not yet be displayed on our website;

·         To perform market analysis in order to continually hone and improve on our Products and Services;

·         To resolve queries, returns, refunds, replacements or manage, settle or contest disputes or potential disputes;

·         To disclose your personal information to third parties that Fyn & Bos uses for any part of its operations or who are relevant to processing any of the following: queries, orders, purchases, manufacturing, quotations, deliveries, warranty claim or any other purpose identified in this Agreement or Privacy Policy, or which are necessary or related to the functions of this Website;

·         To Fyn & Bos employees and directors;

·         For any purpose pertaining to law enforcement, including without limitation for credit card or other fraud; and/or

·         Any combination of the above purposes or any ancillary purpose to any of the above purposes.

2.8  At any stage when Fyn & Bos markets to you by means of electronic communication you may opt-out of receiving future marketing communications from Fyn & Bos, by e-mailing us on info@fynandbos.co.za.

2.9  By consenting Fyn & Bos using your personal information you also consent (opt-in) in anticipation to the Use thereof after POPI becomes fully effective and subject to the provisions of POPI. In anticipation of POPI you also consent to Fyn & Bos using your information in the following circumstances:

·         Where the retention of your personal information is required or authorised by law;

·         Fyn & Bos reasonably requires the record of your personal information for lawful purposes related to its functions or activities;

·         Where the purpose of initial processing and collection or subsequent processing has been exhausted; or

·         Retention is required by the Agreement between Fyn & Bos and you.

 

2.10   By agreeing (ticking) to any of our click wrap agreements you:

 

2.10.1    warrant and represent that you are 18 (Eighteen) years or older; and

2.10.2    warrant that you are representing yourself; or

2.10.3    if you purport to be representing a juristic person (company or close corporation), partnership, trust or other entity, you warrant that you are entitled and authorised to act on behalf such juristic person, partnership, trust or other entity. Should you not be so entitled and authorised you will be estopped from relying on the true facts, and shall be held liable and/or treated as if you had entered directly into any Agreement with Fyn & Bos or consented personally to interacting with Fyn & Bos in the manners anticipated in this Privacy Policy, and subject to the terms of this Agreement and Privacy Policy.

 

2.11 Fyn & Bos may disclose your personal information to third parties from time to time. Such disclosures will be linked either directly or indirectly to the purposes identified in 2.7, and without limitation include delivery, data storage and/or website hosting. Fyn & Bos does not guarantee the security of how these third parties deal with your personal information, and accepts no liability of whatsoever nature should your personal information be breached, leaked or insecurely processed or used. Fyn & Bos may also link to other websites which do not exercise the same security procedures, standards or privacy or cookie policies as Fyn & Bos. Fyn & Bos recommends that you read the terms and conditions, privacy and cookie policy of any service providers that are available in or linked to this Website in order to determine any risks you may be exposed to, prior to proceeding to interact with that service provider.

2.12 Although Fyn & Bos takes measures to ensure your personal data is kept private, no personal information is ever completely safe and secure (especially information transmitted over the internet or held electronically), and is always potentially vulnerable. You accept this risk.

2.13 You agree not to hold Fyn & Bos liable for any breach (of whatsoever nature) of this Privacy Policy, and waive any claim for damages (whether actual, consequential or contingent and of whatsoever nature) based thereon. The provisions of this clause apply mutatis mutandis (subject to the necessary changes) in the context where Fyn & Bos supplies personal information to third parties anticipated in this Privacy Policy or Agreement.

2.14 Certain information – such as your financial information – is processed and used during your utilisation of the Payment Portal: as such, this personal information, is not seen, viewed, Used, recorded in any shape or form by Fyn & Bos, and is dealt with on a totally separate secure platform that such Payment Portal operates on, and subject to the terms and privacy policy of the Payment Portal.

2.15 In the event you are using or entering this Website or transacting with Fyn & Bos via this Website on behalf of a juristic person, partnership, trust or other entity, you represent that you are entitled and authorised to do so, and where a transaction will or is entered into, to lawfully bind that entity; failing which the provisions of clause 2.10.3 shall apply and you shall be personally liable.

2.16 Fyn & Bos may Use or store your personal information inside South Africa or transfer it to any facility outside South Africa to a third party service provider.

2.17 Upon personal information becoming obsolete we will delete or destroy your personal information. We may de-identify your information and use it solely for statistical purposes.

2.18 Fyn & Bos will not trade in your personal information including in de-identified form.

2.19 Fyn & Bos may also collect and Use non-personal information which includes without limitation: your preferences, navigational information, bounce rate, pages viewed, duration on Website or its pages, browser type and device identity.

2.20 Should you be representing a company, close corporation, trust, partnership or legal entity, you will be required to provide your personal information as well as the relevant entity’s personal information.