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  • PRIVACY POLICY

THE PURPOSE

The purpose of this Privacy Policy is to set out how, why and when CalmingEssencal.com uses your Personal Information so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPI”).

It is important that all users read this Privacy Policy together with Calming Essencal’s terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information. We respect our users’ privacy and take the protection of Personal Information very seriously. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy. Should you decide to register as a user on Calming Essencal.com, we may require your personal information which may include, but is not limited to: 

  • your date of birth,
  • name and surname,
  • email address,
  • physical address,
  • gender,
  • mobile phone number,
  • online identifiers,
  • date of birth,
  • identification number, and
  • banking details where you are a subscriber to Calming Essencal

Please provide us with your updated details as soon as reasonably possible, should your personal information change. You may choose to provide additional information, in which event you agree to provide accurate and current information, and to not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process the Personal Information we collect and receive to:

  • identify you;
  • verify your identity;
  • create a user account for you; and/or
  • enter into a contract with you.

 As a registered user, we also process your Personal Information in order to:

  • fulfil our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
  • provide you with information, products or services you request from us.
  • communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
  • notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products.
  • send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information).
  • get feedback from you which we need to develop our products and services and grow our business.
  • comply with any legal or regulatory obligations such as tax or financial laws.
  • undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

USE OF PERSONAL INFORMATION

We will not, without your express consent, use your personal information for any purpose other than as set out below:

  • In relation to the ordering, sale and delivery of Goods;
  • To contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
  • To inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
  • To improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or 
  • Disclose your personal information to any third party other than as set out below:
    • To our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
    • To our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
    • To law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
    • To our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
    • To our suppliers for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
    • To any Third-Party Seller for purposes of sending you an invoice for any Goods purchased from such Third-Party Seller, which disclosed information will be limited to your email address 

MINORS

Calming Essencal does not sell to minors and/or persons under the age of 18.  Individuals that are minors and/or under the age of 18 require permission from their parent or guardian before they use Calming Essencal’s Platforms or provide Personal Information.  Users of Calming Essencal.com are responsible for safeguarding their login details and will be responsible for all purchases and costs incurred on their personal login profile.

INFORMATION FROM USING OUR PLATFORMS

When you access our Platforms, whether you are a registered user, Calming Essencal processes some of your Personal Information. Depending on how you access and use our Platforms, we may receive:

  • log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
  • information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
  • the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information when you use location-enabled services.
  • other information about you from third parties, such as social media.

 RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:

  • we need it to provide our Platforms, products or services to you.
  • it is required or allowed by law and is in line with our internal policies.
  • it is necessary to uphold the contract between you and us.
  • you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.

 

We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

USER TRACKING AND COOKIES

When you access and use our Platforms, we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking.

Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a device. Many websites use cookies and we use cookies to:

  • make our Platforms more user friendly.
  • personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
  • provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms  and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
  • send Opt-In marketing communication if you are not a registered user.

 We will not use your Personal Information for any other purpose without your permission. By accessing and using the Platform, you consent to our use of cookies.

OPT OUT FROM DIRECT MARKETING

You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION?

We do not sell your Personal Information to third parties for their marketing or any other purposes.

We may provide or make your Personal Information available to:

  • our employees, the staff of the companies in the Calming Essencal and/or third party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering or delivery of goods and Subscriptions where applicable.
  • law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
  • third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all our assets.
  • our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose and must treat such information as confidential information.
  • our suppliers or sellers for them to liaise directly with you regarding any goods you have purchased, for them to comply with their regulatory obligations, or for any other purpose which may require their involvement.
  • the companies that will assist us in distributing your products to you. 

SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above  under the title ‘Why we process your Personal Information?’ clause, including for data storage and back-up purposes to ensure the integrity of our systems.

When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI. 

SECURING YOUR PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

  • physical, technical and network security.
  • access controls and monitoring of access.
  • secure storage, destruction and encryption of records of Personal Information.
  • Personal Information breach reporting and remediation.
  • by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.

Should you disclose your Personal Information to any third party other than Calming Essencal, or if a third party unlawfully acquires your Personal Information elsewhere, Calming Essencal shall not be liable for any loss or damage arising from or suffered by you as a result of the disclosure or unlawful acquisition elsewhere (as the case may be) of such Personal Information. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.