Privacy Policy
Effective as of: 16 September 2023
READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF THE SERVICES. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1 Introduction
- 1.1This Privacy Policy is to be read as if specifically incorporated into the Terms of Service.
2 Privacy Policy
- 2.1For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act") and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. Sensofinity also subscribes to the principles for electronically collecting Personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
- 2.2In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information.
- 2.3Users will be prompted to register an account with Sensofinity. In so doing, users may be asked to provide the following information (Personal Information):
- 2.3.1First name;
- 2.3.2Surname;
- 2.3.3Email;
- 2.3.4Physical address;
- 2.3.5Phone number;
- 2.3.6Company / CC / business name; and
- 2.3.7VAT Number.
- 2.4We take our users' privacy seriously and as such, we will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, your agreement to this Privacy Policy constitutes your consent as contemplated in section 69 of the Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.
- 2.5All payment information will be captured through the Website. Further, Sensofinity shall not retain payment information on behalf of its users as this is done by a trusted third party payment gateway – PayFast.
- 2.6We will not collect, use or disclose sensitive information except with your specific consent or in the circumstances permitted by law.
- 2.7By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:
- 2.7.1The provision and performance of the services;
- 2.7.2Informing you of changes made to our website;
- 2.7.3The provision of marketing related services to you by;
- 2.7.4Responding to any queries or requests you may have;
- 2.7.5Developing a more direct and substantial relationship with users for the purposes described in this clause;
- 2.7.6Developing an online user profile;
- 2.7.7Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;
- 2.7.8For security, administrative and legal purposes; and
- 2.7.9The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a user.
- 2.8Although absolute security cannot be guaranteed on the internet, Sensofinity has in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
- 2.9While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
- 2.10We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.
- 2.11Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.
- 2.12The Personal Information Sensofinity collects from users may be accessed by Sensofinity's employees, in addition to the following categories of persons on a need-to-know basis:
- 2.12.1Couriers;
- 2.12.2Payment gateways;
- 2.12.3Website analytics tools such as Google Analytics.
- 2.13Sensofinity shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to Sensofinity for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
- 2.14We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.
- 2.15We will not sell, share, or rent your Personal Information to any third party without your consent or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services. In order to effectively render our services to you, we share your information, where necessary, with website analytics services, as well as other service providers required to render our services to you.
- 2.16The Personal Information provided by you is necessary in order that we may provide the requisite services to you, and failure to provide such Personal Information may render us unable to provide such services.
3 Your Rights
- 3.1Users have the right:
- 3.1.1of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 8 below;
- 3.1.2to the rectification of Personal Information that we hold on a user's behalf, in instances where such Personal Information is incorrect or incomplete;
- 3.1.3of erasure of Personal Information ("right to be forgotten") if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
- 3.1.4to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;
- 3.1.5if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in their territory;
- 3.1.6to withdraw consent at any time, if processing of Personal Information is based on consent;
- 3.1.7to object to processing of Personal Information, if such processing is based on legitimate interests; and
- 3.1.8to object to the processing of Personal Information for direct marketing purposes.
4 Log Files
- 4.1When you visit Sensofinity's website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within Sensofinity on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
5 Cookies
- 5.1Sensofinity uses cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the Website are described below:
- 5.1.1"Session cookies": These are used to maintain a so-called 'session state' and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
- 5.1.2"Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Sensofinity website to work, but may enhance your browsing experience.
6 Links from Sensofinity
- 6.1Sensofinity, and the services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms ("Third Party Websites"). If you select a link to any Third Party Website, you may be subject to such Third Party Website's terms and conditions and/or other policies, which are not under the control, nor responsibility, of Sensofinity.
- 6.2Hyperlinks to Third Party Websites are provided "as is", and Sensofinity does not necessarily agree with, edit or sponsor the content on Third Party Websites.
- 6.3Sensofinity does not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
- 6.4Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. Sensofinity does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
7 Application of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act")
- 7.1Data Messages (as defined in the ECT Act) will be deemed to have been received by Sensofinity if and when Sensofinity responds to the Data Messages.
- 7.2Data Messages sent by Sensofinity to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
- 7.3Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and Sensofinity.
- 7.4Information to be provided in terms of section 43(1) of the ECT Act:
- 7.4.1Users warrant that Data Messages sent to Sensofinity from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
- 7.4.2This Website is owned and operated by Sensofinity (Pty) Ltd, (Registration Number: 2016/111719/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.
- 7.5Address for service of legal documents: 11th Floor, Portside, 4 Bree Street, Cape Town, Western Cape, South Africa, 8001.
- 7.6Contact Number: 087 250 3109
- 7.7Sensofinity – located at www.sensofinity.com
- 7.8Email us on our contact form.
