Last Update: 8 February 2023
This Policy forms part of the Agreement between you, the website visitor, customer and user, and Olipop Toyshop (“Olipop Toyshop”, “we”, “us”, or “our”).
We reserve the right, in our sole discretion, to make changes or modifications (“amendments”) to this Policy at any time and for any reason. Such amendments shall supersede and replace any previous version(s) of the Policy. We will alert you about any changes by updating the “Last Updated” date of this Policy, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review this Policy to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in this Policy by your continued use of the website and/or by placing orders after the date such revised and/or amended Policy is posted.
This Policy applies to information provided to us and/or collected through our website and/or any related services, sales and/or marketing.
We reserve the right, in our sole discretion, to make changes or modifications (“amendments”) to this Policy at any time and for any reason. Such amendments shall supersede and replace any previous version(s) of this Policy. We will alert you about any changes by updating the “Last Updated” date of this Policy, and you waive any right to receive specific notice of each such change.
By using the website and/or any other media form and /or channel, or social media platform, mobile website, or mobile application and by submitting your Personal Information, you acknowledge that you have reviewed the terms of the Policy and agree and consent that we may collect, use, transfer and process your Personal Information in accordance therewith.
“Cookies” mean a piece of information in the form of a very small text file that is placed on the website user’s hard drive. Cookies are generated by a web page server and provide a way for the website to recognise you. Cookies help your browser navigate a website and when a server uses a web browser to read cookies, they can help a website deliver a more user-friendly service.
“Personal Information” means personal information as defined in the Protection of Personal Information Act, 4 of 2013. Personal Information means information relating to an identifiable, living natural person, and where applicable, an identifiable, existing juristic person, including but not limited to:
• Information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical of mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person;
• Information relating to the education or the medical, financial, criminal or employment history of the person;
• Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier, etc.;
• The biometric information of the person;
• The personal opinions, views or preferences of a person;
• Correspondence, private or confidential; and
• The name of the person, if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
“POPIA” means the Protection of Personal Information Act, 4 of 2013.
“Processing” means processing as defined in the Protection of Personal Information Act, 4 of 2013. “Processing” means:
“any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including —
• the collection, receipt, recording, organisation, collation, storage, updating or modiﬁcation, retrieval, alteration, consultation or use;
• dissemination by means of transmission, distribution or making available in any other form; or
• merging, linking, as well as restriction, degradation, erasure or destruction of information.”
“User” means the website visitor, customer, and/or a person who uses a computer or other device to access this website.
Information is collected directly from you when you provide us with your personal information, when you register and/or create an account on our site, complete and place an order, submit an enquiry through the “Contact us” contact form on our website, when you visit the site, and/or subscribe to our newsletter.
You may visit the website anonymously (online identifiers, cookies and/or IP address may still be collected automatically), but in order to order you will be required to fill in and provide certain personal information.
The personal information that you provided and/or we collect and/or process may include the following:
• Name and Surname
• Email address
• Billing address
• Physical address
• Contact number
• Passwords used for authentication and account access
• Order data
• Payment Data necessary to process your payment if you make purchases
• Content you submit to or through our site using the “Contact us” contact form.
• IP address
Please ensure that this information is true and correct as it is required for billing, delivery and payment purposes. You must notify us of any changes to any personal information provided and/or collected.
REASON FOR THE COLLECTION OF PERSONAL INFORMATION
The information we collect from you, and/or you provide to us is processed and used for legitimate business purposes and/or interest, the fulfillment of obligations in terms of our terms and conditions and/or compliance with any legal obligations. Personal information may be collected from and/or provided by you for the following reasons, and may be used in one of the following ways:
• To process transactions, fulfill and manage your order(s)
• To update you on your order progress
• To send newsletters from time to time if you decide to opt-in. Note that you can unsubscribe from our newsletters at any time
• To respond to your queries or comments and/or to offer support to users
• For internal record-keeping and to facilitate account creation, logon process and maintain your profile and/or account
• To improve site performance
• To adhere to any obligations in terms of our terms and conditions
• To deliver to product(s) ordered and purchased
• To contact you regarding products and services, provided you have consented to us contacting you for direct marketing. You can, at any time, opt out of receiving communications from us. Direct marketing communications will provide you with the option to and information relating to how to opt out.
• To communicate administrative information such as information about changes to our terms and conditions, etc.
• For business purposes such as identifying usage trends and to improve our products and service offerings.
We will use your Personal Information collected from and/or provided by you only for the purposes for which it was collected and /or provided.
HOW DO WE PROTECT YOUR INFORMATION?
We have implemented security safeguarding measures, technical and operational, to protect Personal Information collected and/or provided by you.
Your information is transferred using the SSL protocol to ensure its safety to the best of our abilities.
Although we take all reasonable measures to secure the Personal Information and data collected and/or in our possession, we cannot guarantee the unauthorised access thereto and/or use thereof. The user agrees and acknowledges that the use and continued use of Olipop Toyshop’s site, placing and order, purchasing goods and/or products, creating a profile and/or account, providing personal information is at the user’s own risk.
We will not keep Personal Information collected from and/or provided by you for longer than is necessary to fulfill the purpose for which it was collected and/or provided unless we must keep it for legitimate business or legal reasons and /or unless a longer retention period is required by law.
As soon as reasonably possible after the reason and/or purpose for the processing of your Personal Information ceases or lapses and/or when no legitimate legal and/or business reason and/or purpose exist for the processing and/or retention of your Personal Information, we will either delete and/or destroy or de-identify your Personal Information.
Cookies are small files that a site stores on your computer’s hard drive through your web browser (if you allow) that enables the site to recognise your browser and capture and remember certain information. This includes, but is not limited to, your login information.
We may contract with third-party service providers to assist us in better understanding our site’s visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off some of our services may not function properly.
DISCLOSURE TO THIRD PARTIES
Your information, whether public or private, will not be sold to any other company and/or third parties for any reason whatsoever, without your consent. In terms of Section 11 of POPIA, we will only process or share your Personal Information if:
• You have consented to the use and/or processing of your Personal Information;
• The processing of your Personal Information is necessary to carry out actions for the conclusion or performance of a contract between you and us;
• The processing of your Personal Information complies with an obligation imposed by law;
• The processing of your Personal Information protects your legitimate interest; and/or
• The processing of your personal information is necessary for pursuing our legitimate interest.
The user agrees and understands that the courier service requires some of your details and Personal Information for delivery purposes.
We may also release and/or share your Personal Information when we believe it is appropriate and/or necessary to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-identifiable visitor data and/or information may be provided to other parties for marketing, advertising, or other uses.
THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer links to third party products or services on our website.
Please note that once you click on these links and leave our site, we have no control over the other third-party sites. These third-party sites have separate and independent privacy policies.
We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
PROCESSING OF PERSONAL INFORMATION OF CHILDREN
The processing of Personal Information of children is prohibited in terms of Section 34 of POPIA.
As such, we do not knowingly collect or process Personal Information of children.
By using our site, placing an order and/or registering a profile and/or account, you acknowledge and present that you are at least 18 years old, or, if minor, a competent person, such as a parent or guardian, has consented to your using the site, placing an order and/or registering a profile and/or account, and /or sharing and providing your Personal Information, which will be processed in terms of this Policy.
Should we become aware that a minor has provided Personal Information without the consent of a competent person, such as a guardian and/or parent and/or if Personal Information of a minor child has been collected, we will delete and destroy such Personal Information and deactivate any profile and/or account created.
In terms of Section 11(3) of POPIA you have the right to object to the processing of personal information in accordance with Form 1 of the Regulations.
In terms of Section 23(1) & (2) of POPIA the data subject (you, the user) has the right to establish whether a responsible party holds personal information of the data subject and to request access to his/her/its personal information, subject to the provisions of Section 23.
In terms of Section 24 of POPIA the data subject (you, the user) has the right to request, where necessary, the correction, destruction or deletion of his/her/its personal information in accordance with Form 2 of the Regulations.
The request forms are accessible on the website of the
Department of Justice and Constitutional Development
The prescribed fees can be obtained on the Department of
Justice and Constitutional Development and SAHRC websites
(https://www.justice.gov.za and https://www.sahrc.org.za).
Please refer to our PAIA Manual, as amended with POPIA, for information relating to the above.
TERMS AND CONDITIONS
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at www.olipoptoyshop.co.za