Last Updated: 27 November 2021
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.
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 We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, providing you with information on products and deals, and order processing.
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):
a) First Name
b) Surname
c) Email
d) Shipping and Billing Address
e) Phone Number
f) Bank Account Details
g) Company/CC/Business Name
Where possible, we will inform you what information you are required to provide to us and what information is optional.
When providing us with information you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
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 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 it 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 gathering contact information;
- To contacting you regarding current or new products or services;
- To informing you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material);
- To improving your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits;
- To transacting with us;
- To confirming and verifying your identity or to verify that you are an authorised user for security purposes;
- To conducting market or customer satisfaction research or for statistical analysis;
- To auditing and record keeping purposes;
- In connection with legal proceedings.
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 do 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. We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We impose that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Company, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
2 Your Rights
2.1 You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the hello@youandigalllery.com and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
2.2 You have the right to ask us to update, correct or delete your personal information. Some information can be updated directly in your My Account page on the Website. If you require us to update your information on your behalf we will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.
2.3 You have the right 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.
2.4 You have the right to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you.
2.5 If we breach any of the terms of this Privacy Policy, You have the right to complain to the requisite data protection authority in their territory.
2.6 You have the right to withdraw your consent at any time, if processing of Personal Information is based on consent.
2.7 You have the right to object to processing of Personal Information, if such processing is based on legitimate interests.
2.8 You have the right to object to the processing of Personal Information for direct marketing purposes.
3 Disclosure of Personal Information
3.1 We may disclose your Personal Information to the following persons for the purposes of our rendering our services to you, and for those reasons recorded in clause 1.6 above:
a) Suppliers
b) Agents
c) Affiliated Companies
d) Representatives
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.
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.
5 Cookies
5.1 This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content.
5.2 The type of information collected by cookies is not used to personally identify you. The two types of cookies used on the Website are described below:
5.2.1 “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.
5.2.1 “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.
5.3 If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. Please read our Cookie Policy for more information on which cookies are used on our Website.
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.
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 Zarni (Pty) Ltd.
7.5 Address for service of legal documents: 206a Main Road, Sea Point 8005, Western Cape, South Africa
7.5.1 Contact Number: +27784226894.
7.5.2 Website – located at www.youandigallery.com
7.5.3 Email address: hello@youandigallery.com
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.
