ShopOn Privacy Policy

Date of Last Edit: 20 April 2015

Disclaimer

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements: "Client", “User”, “Account Holder”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. "The Company", “Ourselves”, “We”,"Us", “ShopOn Online (Pty) Ltd”, “ShopOn” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Website” or “Our Website” refers to the ShopOn website in its entirety with URL of home page – www.shopon.co.za. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing South African Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

The Terms and Conditions as stipulated below, shall be governed by and construed in accordance with the laws of South Africa.

We are committed to maintaining the accuracy, confidentiality, and security of your personally identifiable information ("Personal Information"). As part of this commitment, our Privacy Policy governs our actions as they relate to the collection, use and disclosure of Personal Information. This Privacy Policy and Consent forms part of our Site Terms and Conditions of Service and such shall be governed by and construed in accordance with the laws of South Africa.

1. Introduction

Thank you for taking the time to review our Privacy Policy. At times, ShopOn will collect certain personal information about Clients and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically (See Section 16.Cookies) when you visit our website or those websites hosted by us, and stored for use in our system.

The purpose of this Privacy Policy is to explain to our Clients what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about Clients or website visitors. Except where the law requires otherwise, we undertake to protect the confidentiality of such data.

2. Confidentiality

ShopOn respects Client privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our Clients and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.

3. Minors

ShopOn will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. ShopOn undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent.

4. Collecting Personal Information

ShopOn collects personal data about our users when they visit the ShopOn website; apply for a service subscription; respond to a Client questionnaire; and through the use of cookie technology. We may also combine information about you that we have with information we obtain from our business partners or affiliates.

4.1 We may collect, store and use the following kinds of personal information:

(a) the websites you visit, Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths) for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.

(b) The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information from you in person, over the telephone or by corresponding with you via mail, facsimile, or the Internet.

(c) Information that you provide to us when registering with our website including your email address, name, physical address, telephone number.

(d) Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address).

(e) Information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use).

(f) Information relating to any purchases you make of our services or any other transactions that you enter into through our website (including your name, address, telephone number, email address).

(g) Information that you post to our website for publication on the Internet.

(h) Information contained in or relating to any communications that you send to us or send through our website (including the communication content and meta data associated with the communication).

(i) any other personal information that you choose to send to us.

4.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.

5. Using your Personal Information

5.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

5.2 We may use your personal information to:

(a) administer our website and business;

(b) personalise our website for you;

(c) enable your use of the services available on our website;

(d) send you goods purchased through our website;

(e) supply to you services purchased through our website;

(f) send statements, invoices and payment reminders to you, and collect payments from you;

(g) send you non-marketing commercial communications;

(h) send you email notifications that you have specifically requested;

(i) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);

(j) ShopOn may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, ShopOn will provide you with an option within every communication to opt out of receiving any future communications of this nature or you can contact our Client services representatives to ensure that you do not receive such promotional information, at +2771 317 6366. It is optional whether you want to make this default or require action on behalf of the Client. We urge you to make this a default which doesn't require more than an e-mail to unsubscribe.

(k) send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(l) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information). ShopOn collects and shares aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content, such user data will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information;

(m) deal with enquiries and complaints made by or about you relating to our website;

(n) keep our website secure and prevent fraud;

(o) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service);

5.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

5.4 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.

5.5 All our website financial transactions are handled through our payment services provider, Sage Pay Now payment gateway. You can review the provider's privacy policy at the following link below:

https://www.sagepay.co.za/sagepay/privacy_policy.asp .

We will share information with our payment services provider only to the extent necessary for the purposes of processing payments that you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

5.6 Any information ShopOn collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within ShopOn or to a third party to ensure Client service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.

5.7. Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites): Any information that Clients or website visitors disclose in a public space, including on any bulletin board, chat room or any site ShopOn may host for you, is available to anyone else who visits that space. ShopOn cannot safeguard any information you disclose there.

6. Disclosing Personal Information

6.1 Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law.

6.2 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

6.3 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

6.4 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

6.5 Except as provided in this policy, we will not provide your personal information to third parties.

7. International Data Transfers

7.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate within, in order to enable us to use the Information in accordance with this policy.

7.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force within the European Economic Area/Africa Area: the United States of America, Russia, Japan, China and India.

7.3 Personal information that you publish on our website or submit for publication on our website may be available, via the Internet, around the world. We cannot prevent the use or misuse of such information by others.

7.4 You expressly agree to the transfers of personal information described in this Section 7.

8. Retaining Personal Information

8.1 This Section 8 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

8.2 Personal Information will only be retained for the period of time required to fulfil the purpose for which we collected it or as may be required by law. Personal Information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

8.3 Without prejudice to Section 8.2, we will usually delete personal data falling within the categories set out below at the date/time set out below:

(a) ShopOn profile account (including Client’s website, database and personal information will be deleted 60 days after non-payment.)

8.4 Notwithstanding the other provisions of this Section 8, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

9. Security of your Personal Information

9.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

9.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

9.3 You acknowledge that the transmission of information over the Internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet.

9.4 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except via the Login Portal of our website, when you decide to log in).

10. Amendments

10.1 We may update this policy from time to time by publishing a new version on our website.

10.2 You should check this page occasionally to ensure that you are happy with any changes to this policy.

11. Reservation of Rights

11.1 ShopOn reserves the right to disclose information about Clients where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.

11.2 ShopOn further reserves the right to share information with law enforcements to investigate or prevent illegal activities being committed over our network.

11.3 ShopOn reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.

11.4 ShopOn reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

11.5 ShopOn reserves the right to make changes to this Privacy Policy or update it. Where a major change is made, Clients will be informed via e-mail notification or through a notice on our website. Clients and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.

12. Consent

Knowledge and consent are required for the collection, use or disclosure of Personal Information except where required or permitted by law. Providing us with your Personal Information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service. Using this website means that you agree to Privacy Policy

13. Your Rights

13.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport or ID book certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

13.2 We may withhold personal information that you request to the extent permitted by law. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or commercial proprietary restrictions.

13.3 You may instruct us at any time not to process your personal information for marketing purposes.

13.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

14. Third Party Websites (Site Linking)

ShopOn's websites may contain hyperlinks (and details) to sites that belong to third parties unrelated to us. ShopOn cannot be held responsible for any use of your personal information arising from you disclosing such personal information on third party sites. ShopOn cannot protect any information that you may disclose on these sites and recommends that you review the privacy policy statements of those sites that you visit. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

15. Updating Information

Please let us know if the personal information that we hold about you needs to be corrected or updated.

16. Cookies

16.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

16.2 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

16.3 We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience. Cookies are widely used and most web browsers are configured initially to accept cookies automatically.

16.4 You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website.

16.5 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

16.6 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b) in Firefox (version 24) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c) in Chrome (version 29), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

16.7 If you block cookies, you may not be able to use all the features on our website.

16.8 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);

(b) in Firefox (version 24), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history", clicking "Show Cookies", and then clicking "Remove All Cookies"; and

(c) in Chrome (version 29), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".

17. Handling Client Complaints and Suggestions

You may direct any questions or enquiries with respect to our Privacy Policy or our practices by contacting: info@shopon.co.za

18. Credit

This document was created using some information from a template from SEQ Legal (http://www.seqlegal.com) and also using Privacy Policy from Wooza (http://www.wooza.co.za).

19. Our Details

19.1 This website is owned and operated by ShopOn Online (Pty) Ltd.

19.2 You can contact us by using our website contact form or by email to info@shopon.co.za.