2.1 Definitions and clause specific interpretation:
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.
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.
2.5 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.
· 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 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 email@example.com.
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
2.12 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.
2.15 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.