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1. | This privacy policy governs the treatment of personally identifiable information, which You may provide to The Prestige Cosmetics Group (Pty) Ltd and/or Prestige Cosmetics Africa (Pty) Ltd (collectively referred to as the “Elemis Company”), as a result of purchasing Elemis products on the website www.elemis.co.za (“Website”), whose chosen address for purposes of this privacy policy is Unit 2D, Blackriver Park North, Fir Street, Observatory, Cape Town. |
2. | The Elemis Company respects Your privacy and will take reasonable measures to protect it and will implement and operate all reasonable information security controls in order to protect and preserve the confidentiality, integrity and accessibility of all personal information and the risks relating thereto. |
3. | In the event that You: |
3.1. | register as a user on the Website and/or sign up to receive newsletters and/or marketing information and/or complete an online customer information and/or consultation card, the Elemis Company may require You to provide certain personally identifiable information, such as Your name and surname, credit card details, email address, physical address, date of birth, details relating to your well-being and/or health, medical information and/or mobile telephone number (collectively referred to as “Personal Information”); |
3.2. | supply your Personal Information to the Elemis Company in terms of clause 3.1 or for any other reason whatsoever, You expressly agree and acknowledge that the Elemis Company may: |
3.2.1. | provide You with access to Your Personal Information to view and/or update Your personal details; |
3.2.2. | take appropriate technical and organisational measures to ensure that Your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; |
3.2.3. | promptly notify You if it becomes aware of any unauthorised use, disclosure or processing of Your Personal Information; |
3.2.4. | provide You with reasonable evidence of its compliance with its obligations under this privacy policy on reasonable notice and request; and |
3.2.5. | upon Your request, promptly return or destroy any and all of Your Personal Information in its possession or |
4. | Please note that: |
4.1. | in certain circumstances the Personal Information, which You provide to the Elemis Company, may be shared by the Elemis Company with Elemis Limited (“Elemis”) the manufacturer of Elemis products; |
4.2. | by providing Personal Information to the Elemis Company, You will be deemed to have provided your express consent to the use and lawful processing thereof by the Elemis Company and, if applicable, the transfer thereof to Elemis; |
4.3. | the Elemis Company does not and will not knowingly collect, maintain, disclose or otherwise process Personal Information from minors below the age of 18, without the permission of such minor’s parents or legal guardians. |
5. | The Elemis Company will collect data about how You use its services and products and will only collect personal data relating to your medical history, wellbeing and/or health, where such information is necessary for Your proper care and treatment in relation to the provision of skin care and/or beauty services. By providing such personal information you will be deemed to have provided the Elemis Company with Your express consent to the lawful use and processing thereof. |
6. | In addition to the aforesaid, the Elemis Company may: |
6.1. | receive and store certain types of personal data whenever You interact with the Elemis Company online, through the use of cookies (a feature built into Your browser that assigns You a user identification and is used to follow the pattern of movements of web users), as detailed in clause 7 below and tracking technologies; |
6.2. | collect personal data and/or information from third parties where the Elemis Company operates accounts on such third party platforms, such as Facebook and Google. |
7. | Elemis will use different types of cookies on the Website, including without limitation, essential cookies, functional cookies and site analytics cookies: |
7.1. | to allow: |
7.1.1. | it to understand which pages on the Website are visited, in what order and how often; |
7.1.2. | third parties to provide services to the Website; |
7.2. | to assist it in improving and tailoring the Website in order to meet its customer’s needs. |
8. | Individually cookies cannot be used to discover Your identity or gain access to Your computer or Your information, as they merely identify Your computer to the Elemis servers when You visit the Website. In the event that You do not want a cookie assigned to You, You can set Your browser to refuse cookies. |
9. | The Elemis Company will: |
9.1. | treat Your Personal Information as strictly confidential; |
9.2. | automatically collect and store certain information in its server logs, such as web clicks, internet protocol addresses, device event information, cookies which may uniquely identify Your browser or Your account with the Elemis Company; |
9.3. | not retain Your Personal Information for longer than the period for which it was originally needed, unless it is required by law to do so, or You consent to the retention thereof for a longer period. |
10. | Your Personal Information will be collected, processed and/or disclosed by the Elemis Company for the following purposes: |
10.1. | to process Your payments, if You purchase products, to provide You with Your order status, deal with Your enquiries and requests and assess and handle any complaints; |
10.2. | to process and answer Your enquiries and/or to contact You to answer Your questions and/or requests; |
10.3. | to provide You with skincare, body and/or beauty treatments and/or products, where applicable; |
10.4. | to develop and improve the Elemis Company’s products, services, communication methods and/or the functionality of the Website; |
10.5. | to manage and give effect to its business requirements regarding Your participation in any competitions and/or promotions, which You may have entered; |
10.6. | to communicate information to You and to manage Your registration and/or subscription to any Elemis Company newsletters or other communications; |
10.7. | to authenticate the identity of individuals making contact with the Elemis Company by telephone, electronic means or otherwise; |
10.8. | for use in internal training and/or quality assurance purposes; |
10.9. | to understand and assess the interests, wants, and changing needs of consumers, to improve the Website, current products and/or services and/or for developing new products and/or services; |
10.10. | to provide You with personalised products, communications and/or targeted advertising, including without limitation, product recommendations and/or invitations to events; |
10.11. | to perform a contract to which You are or will be a party and/or where the Elemis Company has a legal obligation to collect, process and/or disclose Your Personal Information. |
11. | Where appropriate and required, You may be deemed to have consented to the use and processing of Your Personal Information, as a result of providing it to the Elemis Company or the Elemis Company will request that You provide Your consent to use and process Your Personal Information and in circumstances where You are deemed to or have provided your consent, You have the right to withdraw Your consent and/or object to any collection, processing and/or collection of Your Personal Information at any time by notifying the Elemis Company information officer at paia@pcg.co.za. |
12. | In certain instances, the Elemis Company will rely on a legitimate interest for processing Your Personal Information on the basis that this ground will only be used where it is necessary to achieve a legitimate interest and will only be relied upon where there is a no less intrusive way to process Your Personal Information. |
13. | The Elemis Company will share and/or transfer Your Personal Information to third parties when: |
13.1. | You have consented to the disclosure; |
13.2. | it is required in order to provide the services, which You have requested and/or in order to comply with a law or court order; |
13.3. | it is necessary to: |
13.3.1. | enforce and/or apply the terms and conditions of an agreement, which the Elemis Company may have entered into with a merchant and/or other third party; |
13.3.2. | protect the rights, property or safety of the Elemis Company, its employees, users and/or customers. |
14. | You have the right to lodge a complaint regarding any collection, processing and/or collection of Your Personal Information to the Information Regulator, the contact details of which are as follows: Physical address: 33 Hoofd Street Forum III 3rd Floor Braampark Braamfontein Email: inforeg@justice.gov.za |