Privacy Policy
KOOLSTUFF.CO.ZA PRIVACY POLICY
READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
Clause 1 Privacy Policy
1.1 For 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. We also subscribe 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.
1.2 In 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. However, it is impossible to guarantee that your
Personal Information shall be 100% secure.
1.3 In utilising our website, using our services or otherwise if your information is
submitted to us through a lead generation services, users may be asked to
provide the following information (Personal Information):
1.3.1 First Name
1.3.2 Surname
1.3.3 Email
1.3.4 Physical Address
1.3.5 Phone Number
1.3.6 Company/CC/Business Name
1.4 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, lead generation, MMS and other mobile services), but,
to the extent necessary, your agreement to these this Privacy Policy constitutes your consent as contemplated in section 69 of the Act 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.
1.5 We will not collect, use or disclose sensitive information (such as information
about racial or ethnic origins or political or religious beliefs, where relevant)
except with your specific consent or in the circumstances permitted by law.
1.6 By agreeing to the terms contained in this Privacy Policy, you consent to the
use of your Personal Information in relation to:
1.6.1 The provision and performance of our services to you
1.6.2 Informing you of changes made to our website
1.6.3 The provision of marketing related services to you by us
1.6.4 Responding to any queries or requests you may have
1.6.5 Developing a more direct and substantial relationship with users
1.6.6 Developing an online user profile
1.6.7 For security, administrative and legal purposes
1.7 Although absolute security cannot be guaranteed on the internet, we have 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.
1.8 While 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.
1.9 We 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.
1.10 Your information will not be stored for longer than is necessary for the
purposes described in this Privacy Policy or as required by applicable
legislation.
1.11 The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and
subject to reasonable confidentiality obligations binding such persons.
1.12 We 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 us for publishing on the Site. You shall be solely responsible for the
contents of all material published by yourself.
1.13 We 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.
1.14 We will not sell, share, or rent your Personal Information to any third party 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 and/or the marketing
thereof.
Clause 2 Your Rights
2.1 A user has the right:
2.1.1 of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 7.5.3 below;
2.1.2 to rectification of Personal Information that we hold on a user's behalf, in
instances where such Personal Information is incorrect or incomplete;
2.1.3 of 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;
2.1.4 to restrict/suspend processing of Personal Information to only that which is
strictly necessary for us to perform our services to you;
2.1.5 if we breach any of the terms of this Privacy Policy, to complain to the
requisite data protection authority in their territory;
2.1.6 to withdraw their consent at any time, if processing of Personal Information is
based on consent;
2.1.7 to object to processing of Personal Information, if such processing is based on
legitimate interests; and
2.1.8 to object to the processing of Personal Information for direct marketing
purposes.
Clause 3 Disclosure of Personal Information
3.1 We may disclose your Personal Information to the following persons for the
purposes of rendering our services to you, and for those reasons
recorded in clause 1.6 above:
3.1.1 Courier / Delivery Companies
3.2 If our services are provided in conjunction with, or by involvement of third
parties, such third parties may need to have your Personal Information in
order to fulfil your request.
Sharing Your personal information
We share your Personal Information with third parties to help us use your Personal Information. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Behavioral advertising
We use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
COMMON LINKS INCLUDE:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Clause 4 Log Files
4.1 When you visit the 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 the company 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.
Clause 5 Cookies
5.1 We use 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
website to work, but may enhance your browsing experience.
Clause 6 Links from the website
6.1 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 our control, nor are we responsible
therefore.
6.2 Hyperlinks to Third Party Websites are provided "as is", and we do not
necessarily agree with, edit or sponsor the content on Third Party Websites.
6.3 We do 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.
6.4 Users should evaluate the security and trustworthiness of any Third Party
Website before disclosing any personal information to them. We do not
accept any responsibility for any loss or damage in whatever manner,
howsoever caused, resulting from your disclosure to third parties of personal
information.
Clause 7 Application Of The Electronic Communications And Transactions Act 25 Of 2002 ("Ect Act")
7.1 Data Messages (as defined in the ECT Act) will be deemed to have been
received by us if and when we respond to the Data Messages.
7.2 Data Messages sent by us 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.
7.3 Users acknowledge that electronic signatures, encryption and/or
authentication are not required for valid electronic communications between
us and users.
7.4 Information to be provided in terms of section 43(1) of the ECT Act:
7.4.1 Users warrant that Data Messages sent to us 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.
7.4.2 This Website is owned and operated by KoolStuff
7.5 Address for service of legal documents: Po Box 1227, Pietermaritzburg, 3200
7.5.1 Website - located at koolstuff.co.za
7.5.2 Email address: kool@koolstuff.co.za
Clause 8 Lodging of Complaints
8.1 We only process your Personal Information in compliance with this Privacy
Policy and in accordance with the relevant data protection laws. If, however
you wish to raise a complaint regarding the processing of your Personal
Information or are unsatisfied with how we have handled your Personal
Information, you have the right to lodge a complaint with the supervisory
authority in your country.
By consenting to Koolstuff’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://koolstuff.co.za/pages/contact-us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://koolstuff.co.za/pages/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Koolstuff products or services, you agree that any controversy, claim, action, or dispute between you and Koolstuff arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Koolstuff’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in South Africa, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Republic of South Africa without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Koolstuff’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification 5 Morewood Drive
Shulton Park
4126
. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Koolstuff. You are responsible for ensuring Koolstuff’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Koolstuff agree that you may bring or participate in Claims against Koolstuff only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Koolstuff agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners,for the purpose of enabling and operating our text messaging program.
Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.
Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.