PRIVACY POLICY

SMEG SOUTH AFRICA (PTY) LTD Privacy Notice

29 November 2018 | Version 1.0

We are Smeg South Africa (Pty) Ltd (Registration number 1989/003698/07) and have created a website, being www.smeg.com/za (“the Website”) to enable our users to view Smeg products online.

This policy sets out the steps that Smeg have taken to ensure that your personal information and privacy rights are protected. We respect your privacy rights and are committed to ensuring that insofar as your personal information is disclosed, that such information provided is protected. We take the protection of personal information very seriously.

The Protection of Personal Information Act, 2013 (“POPI”) is applicable and the Terms and Conditions contained in this policy should be read in conjunction with the provisions of POPI.

The purpose of this policy is to describe the way that we collect, store, use, and protect personal information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (“personal information”).

Introduction:

Smeg South Africa (Pty) Ltd knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly.

This notice describes the types of personal information that we may process about you, the purposes for which we use the personal information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy.

As used throughout this notice, the term “the Company”, “us” or “we” refers to Smeg South Africa. By engaging with us, you are accepting and consenting to the practices described in this privacy notice.

This policy applies to you if you are:

• a visitor to our website;
• a customer who has ordered and/or requested the goods or services that we provide online or in-store; and/or
• a person who has registered on the Website

Personal Information:

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”).

This personal information which will be required to be provided to us may include the following but is not limited to:

• Your name and surname;
• your email address;
• your contact number/s;
• your physical and/or postal address;
• your bank account details; and/or
• your username and password
• certain information that we collect automatically when you visit our website;
• certain information collected on submission and registration; and/or
• optional information that you provide to us voluntarily (see below).
• identity numbers;
• biometric information,
• cookies and usage data;

Personal 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 information subject to protection under this policy).

Your Obligations

You undertake and agree to provide any personal information to us that is accurate and ensure that any changed to such information is updated on the applicable registration and/or subscription page. By providing your personal information, you agree that you are aware of the purpose for which the information is being collected and you voluntarily consent to disclosing the personal information.

You warrant that any personal information that you disclose (as the case may be) of another data subject (being the person to whom the personal information relates) insofar as POPI permits this, is provided with the prior voluntary consent and/or permission from such data subject and such data subject is aware of the purpose for which the information is being collected.

Restriction on Use of Your Personal Information

When will we process your personal information:

Smeg will not use any of your personal information, without prior voluntary consent, other than in respect of you ordering and/or purchasing any Good/s including the sale and delivery thereof or otherwise that may be necessary for the completion of the transaction of the Good/s including:

• goods or services purposes– such as collecting orders or requests for and providing our goods or 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;
• legal purposes– such as handling claims, complying with regulations, or pursuing good governance;
• remembering your information so that you will not have to re-enter it during your visit or the next time you access the Website;
• monitoring Website usage metrics such as total number of visitors and pages accessed; and
• tracking your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website.

• The data subject or a competent person where the data subject is a child consents to the processing. Kindly note that you have the right to withdraw your consent;
• The processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party;
• The processing complies with an obligation imposed by law on the business;
• The processing protects a legitimate interest of the data subject;
• The processing is necessary for the proper performance of a public law duty by the business;
• The processing is necessary for pursuing the legitimate interests of the business or of a third party to whom the information is supplied.

Children Information:

We do not knowingly collect personal information from anyone under the age of 18, without the consent of the Parent/Guardian. If we become aware that we have collected Personal Information from children without verification of parental/guardian consent, we take steps to remove that information from our servers and service providers.

Types of Personal Data Collected

Use for personal information for marketing purposes

Upon registration and/or purchasing of any Good/s from Smeg, you agree that you are a customer of Smeg and as such acknowledge that Smeg, including any subsidiary, affiliate, division, branch or the like, may:

1. Process your personal information for the purpose of direct marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or email of Smeg’s products or services including administrative messages and email updates to you about the Website; and
2. Be entitled (with your voluntary consent) to contact you (whether via email, telephone call or text messages) regarding any new Goods and/or services and/or promotions and/or specials and/or competitions.

You may choose to opt-out of direct marketing communications and by doing so, can object to your use of electronic details.

We will only process your personal information of you if you are Smeg’s customer and if we obtained your contact details in the context of the sale of a product or service.

Disclosure of Personal Information

Smeg will not disclose your personal information to any third party, without your prior voluntary consent, other than disclosing such information to:

• 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);
• Smeg’s employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel;
• an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
• our goods or services providers and/or supplier under contract who help provide certain goods or services or help with parts of our business operations, including fraud prevention, bill collection, marketing, or technology services (our contracts dictate that these goods or services providers only use your information in connection with the goods or services 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); 
• our third-party suppliers who provide us with their Goods;
• other third parties who provide us with relevant services where appropriate (for example our couriers);
• law enforcement, government officials, fraud detection agencies or other third parties which we reasonably believe to prevent harm or loss, to report or investigate any illegal and/or unauthorised activity or to investigate violations and/or contraventions of these Terms and Conditions; and
• any regulators or representatives required by law or governmental audit.

Smeg will ensure that any party that receives your personal information in accordance with the above, will be bound by appropriate and legally binding confidentiality obligations in relation thereto.

Smeg will not disclose your personal information to any third party, without your prior voluntary consent, other than disclosing such information:

• 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 customer relationship terms.

How we store your personal information:

The security of your personal information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Usage Data:

We may also process personal information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Smeg South Africa uses the collected data for various purposes:

• To provide and maintain the Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Service
• To monitor the usage of the Service
• To detect, prevent and address technical issues

Service Providers:

• We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services, provide security or to assist us in analysing how our Service is used.
• These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We value your personal information, and our service providers are closely selected to ensure that they comply with the relevant safeguards and technical measures in relation to your personal information.
• We may also use third-party Service Providers to monitor and analyse the use of our Service.
• Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Statement of every site you visit. We have no control over and assume no responsibility for the content, privacy statements or practices of any third-party sites or services.

No Selling

We will not sell your personal information to any third party. No personal information will be disclosed to anyone except as provided in this privacy policy.

Change of Ownership

To the extent that Smeg undergoes a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, Smeg may, at its sole discretion cede, delegate and/or assign any rights and/or obligations in terms of this policy, to a successor, purchaser, or separate entity.

From Browser

We automatically receive and record Internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the Website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the Website (usage information).

Please note that other websites visited before entering our Website might place personal 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 information and Smeg does not accept any responsibility for the use of the personal information by any third party or other website in this regard.

Tracking and Cookies Data:

Cookies

The Website makes use of “cookies” (small text files) to automatically collect information and data through the standard operation of internet servers. We may place “cookies “on your device when you visit our Website. The Website can use “cookies” to recognise repeat users, assist a user to access and use the Website on an on-going basis and allow the Website to track usage behaviour and trends and compile aggregate data that will allow the Website operator to improve functions, content and/or capabilities of the Website.  These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device.

These files serve a number of useful purposes for you, including:

• granting you access to age restricted content;
• 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.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. If you do not want information to be collected through “cookies” you can elect to deny or accept the “cookie” feature in most browsers and you can also delete cookies manually.

No longer accepting cookies or deleting them will prevent you from accessing certain aspects of our Website where cookies are necessary. Many websites use cookies, and you can find out more about them at www.allaboutcookies.org.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse our Service.

If you do not disable “cookies”, you are deemed to consent to our use of any personal information using those “cookies” in terms of the provisions of this policy.

Examples of Cookies we use:

• Session Cookies.We use Session Cookies to operate our Service.
• Preference Cookies.We use Preference Cookies to remember your preferences and various settings.
• Security Cookies.We use Security Cookies for security purposes.

 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 information. We merely use them to compile anonymous information about our Website.

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 of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

Recording calls

We may monitor and record any telephone calls that you make to us and it is deemed that you have consented thereto, unless you specifically request us not to or notify us that you do not consent to the recording of the telephone call.

Security measures

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorise access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

Smeg will secure the integrity and confidentiality of the personal information in its possession or under its control by taking appropriate, reasonable, technical and organisational measure to prevent loss of damage to or unauthorised destruction of personal information and unlawful access to or processing of personal information, insofar as is required in terms of POPI.

Retention

We will only retain your personal information 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.

Smeg will retain records of your personal information for periods in excess of what is stated above for historical, statistical or research purposes provided that Smeg has established appropriate safeguards against the records being used for any other purposes. In this regard, we may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

• During the period of retention, we will continue to abide by our non-disclosure obligations and will not share (other than in terms of what has been included herein) or sell your personal information.
• We may retain your personal information in physical or electronic records at our discretion.
• Smeg will destroy or delete a record of personal information or de-identify it as soon as reasonably practicable after Smeg is no longer authorised to retain the record in terms of the above and the manner as envisaged in POPI.

• We retain your personal information only for the period necessary for the purposes set out in this Statement or in accordance with the provisions of any applicable legislation.
• We will then dispose your information by deleting or shredding your information as soon as we no longer require your information, or you objected to us processing your information.

 

Transfer to another country

Transfer of Data:

Your information, including Personal Information, may be transferred to — and maintained on — outside the Republic of South Africa, where the data protection laws may differ than those a set out in POPIA. We will not transfer any personal information across a country border without your prior written consent or unless otherwise permitted to do so by law.

If you are located outside South Africa and choose to provide information to us, please note that we transfer the data, including Personal Information, to South Africa and process it there.

Your consent to this Privacy Notice followed by your submission of such information represents your agreement to that transfer.

Smeg South Africa will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Limitation

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.

Enquiries

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us at [email protected].

Your data protection rights:

• You are entitled to access your personal data by sending a written request to [email protected]. We may charge you a fee for this service as set out in terms of Condition 8 of POPIA.
• You may also request Smeg to correct or supplement any of your personal data which Smeg undertake as soon as practicable, by sending as a mail to [email protected].
• Request the destruction of your personal data. The Information Officer will consider your request considering any other laws or regulations prohibiting Smeg from destroying your personal data.
• We would appreciate it if you would keep your personal information accurate. Please update your information by contacting us at the numbers/addresses provided earlier whenever your details change.

You may request details of personal information which we hold about you under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by Smeg please review our PAIA Manual.

Amendments to the Privacy Notice:

Our business changes constantly and our privacy statement and our website terms and conditions will also change from time to time. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current privacy statement applies to all information that we have about you and your account.

  

Contact details of Information Officer:

Name: Stephen Brookes                   

Address: 2985 Bryanston Boulevard, Bryanston, Sandton, 2119

Phone Number: 011 463 1016

E-mail: [email protected]

 

How to complain:

If you have any concerns about our use of your personal information, you can make a complaint to us at [email protected]

Should you believe that Smeg has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with Smeg. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator, using the contact details listed below.

Their contact details are as follows:

The Information Regulator (South Africa)
PO Box 31533
Braamfontein
27 Stiemens Street
Braamfontein
2017

The Information Regulator (South Africa)
[email protected]