Privacy Policy
The nitty gritty of how we collect, store, and use your personal data, the details about your rights, and how you can contact us regarding your personal data.
THE LOCAL EDIT, A DIVISION OF THE APIARY GROUP PROPRIETARY LIMITED, PRIVACY POLICY
1 INTRODUCTION
1.1 This Privacy Policy, together with our Terms and Conditions sets out the basis on which any Personal Information (as defined in paragraph 2.2 below) that we collect from you, or that you provide to us, will be used, stored, and processed by us.
1.2 All references to “the Company”, “TLE”, “we”, “us” and “our” in this Privacy Policy are deemed to refer to The Local Edit, a division of The Apiary Group Proprietary Limited, a company duly registered and incorporated with limited liability according to the laws of the Republic of South Africa (“South Africa”), with the registration number 2019/096825/07 and having its principal place of business at 1412 Rouen Close, Val de Vie, Jan Van Riebeek Street, Paarl, 7646, South Africa.
1.3 TLE is the “responsible party” for purposes of applicable data protection legislation in respect of all Personal Information you submit to us via the website https://www.thelocaledit.com/ and other related URLs, the TLE application and/or any ancillary services (collectively “Website and/or Application”) and/or in any correspondence and/or communication with us. Please see paragraph 8 below as it deals with Personal Information you submit to third parties.
1.4 We are a collective who markets, promotes and sells products of local makers, designers and brands.
1.5 We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Website and/or Application.
2 INFORMATION WE MAY COLLECT FROM YOU
2.1 When you use the Website and/or Application, we may collect certain information that is not Personal Information such as your operating system, browser type, and Internet service provider (see paragraph 7.1 below for further details). This type of information does not identify you personally.
2.2 When accessed on the Website and/or Application, we may also collect Personal Information that you provide to us. For purposes of this Privacy Policy, “Personal Information” shall mean any information of a personal nature by which you can be identified such as your name, postal address, email address, telephone number, home country, postal code, fax number, gender, age, financial details, and/or company name, business information and VAT number.
2.3 We may also collect information, including Personal Information, in other ways including through carrying out demographic research.
2.4 We may collect, process, and store the following information (which may include Personal Information) about you –
2.4.1 information that you provide by filling in forms on the Website and/or Application; 2.4.2 information about your device software and hardware, including the unique internet mobile equipment identity (IMEI), number of your mobile telephone, the unique integrated circuit card identity (ICCID) number of your SIM cards in your device, your email address, personal internet protocol (“IP”) address, mobile phone number; 2.4.3 your geographic location information based on your mobile network operator’s tower details, GPS (Global Positioning System) and/or WIFI communications network location; 2.4.4 the date and time, country and the IP address of the device from which you connect to our Website and/or Application; 2.4.5 information that we may ask you for if you report a problem with our Website and/or Application; 2.4.6 details of your visits to our Website and/or Application (including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access); and 2.4.7 If you contact us, we may keep a record of that correspondence.
2.5 We may also ask you to complete surveys that we use for research and forecasting purposes, although you do not have to respond to them.
2.6 We may also collect information (which may include Personal Information) that our users provide, such as reviews and keyword searches.
2.7 The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain services available to you on the Website and/or Application if you do not wish to supply such Personal Information.
2.8 We may use a third-party company to monitor website traffic and application downloads, which may, in some instances, store your information, including the Personal Information you submit to such third parties.
2.9 By continuing to use the Website and/or Application, you consent to the processing, collection, storage, retention and use of the Personal Information you provide for the purposes set out in this Privacy Policy, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by us. If you do not agree to the Privacy Policy, please do not use the Website and/or Application.
2.10 Where you provide us with Personal Information relating to a third-party data subject (for example, your customers and/or clients), you warrant that you have obtained all necessary consents from such data subject, including the data subject’s consent for you to share such Personal Information with TLE to process. We shall protect, store and process this Personal Information in the same manner and equal level of security as Personal Information about you.
3 HOW YOUR INFORMATION IS USED AND DISCLOSED
3.1 We may use the information, including the Personal Information, we hold about you for the following purposes
3.1.1 to verify and keep a record of your identity; 3.1.2 to ensure that content from our Website and/or Application is presented in the most effective manner for you and for your computer and/or mobile device; 3.1.3 to monitor and analyse the conduct on the Website and/or Application to ensure compliance with laws, reduce the likelihood of fraud and other risk-prevention purposes; 3.1.4 in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans; 3.1.5 to provide you with information on our Website and/or Application that you request from us or to contact you where you have consented to be contacted for a particular purpose; 3.1.6 to carry out statistical and marketing research to identify potential markets and trends; 3.1.7 to allow you to participate in interactive features on our Website and/or Application when you choose to do so; 3.1.8 to carry out any contracts that may form between us; and 3.1.9 to respond to any queries you make.
3.2 We may use the information provided by you to – 3.2.1 enforce agreements and terms and conditions between us, monitor user activity, such as reviews and keyword searches, and more effectively manage traffic on the Website and/or Application; 3.2.2 Provide customer services, and 3.2.3 Assist you with technical difficulties.
3.3 We will not use your Personal Information for any purpose (other than as stated above) without your express consent. Except in terms of the other provisions of this Privacy Policy, we will not use or disclose your Personal Information to third parties without your consent, unless the use or disclosure is 3.3.1 required to comply with an obligation imposed by law on TLE and/or an order of the court or legal process served on TLE; and/or 3.3.2 disclosure is necessary to pursue the legitimate interests of TLE, its right or property, and/or the legitimate interests of a third party to whom such Personal Information is supplied.
3.4 We will be entitled to disclose your Personal Information to our affiliates, agents, advisors, employees, and/or third-party service providers and suppliers (including payment and shipping suppliers, as well as marketing agencies) who assist us to interact with you via our Website and/or Application, mobile communications and/or email, and thus need to know your Personal Information in order to assist us and to communicate with you properly and efficiently. We will ensure 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.
3.5 Your information may be shared with organizations within our company’s group located in other countries around the world. We will only transfer data overseas where we are satisfied that adequate levels of protection are in place to protect any information held in that country or that the service provider acts at all times in compliance with applicable privacy laws. Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.
3.6 On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests.
3.7 We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy, respond to claims that any content violates the rights of third parties; or protect our legitimate interest, rights and/or property, or our personal safety or the personal safety of our users or the general public.
4 PROTECTION OF YOUR PERSONAL INFORMATION
4.1 We recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the Personal Information you provide in a variety of ways.
4.2 We will 4.2.1 treat your Personal Information as strictly confidential; 4.2.2 take appropriate technical and organizational measures to ensure that your Personal Information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; 4.2.3 promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information; 4.2.4 provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and 4.2.5 upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.
4.3 We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
5 STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION
5.1 We will do our best to protect your Personal Information, and we will use technology that will help us to do this, however, the transmission of information via the internet is never completely secure and we cannot guarantee the security of your information transmitted to our Website and/or Application and we cannot accept any liability for the safeguards and security measures implemented by you and/or your internet service provider. Any transmission of your information to our Website and/or Application is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5.2 We may, from time to time, transfer, store, or host your Personal Information on servers outside of South Africa. We will at all times ensure that appropriate security safeguards are in place to secure and protect such Personal Information held in another country or that the service provider acts at all times in compliance with applicable privacy laws. Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.
6 COMMUNICATIONS
6.1 We may communicate with you via the Personal Information provided by yourself (such as telephone numbers or email addresses) for the purposes of announcements, the provisions of further information, informing you of products and services which you may be interested in, and the like.
6.2 Notwithstanding the generality of the above, we may from time-to-time email newsletters to you, which newsletters will contain information that you may find useful, including information about products and services which you may be interested in.
6.3 You may contact us at [email protected] should you wish to unsubscribe from any of the above general communications. Please note that it is not possible to unsubscribe from communications specific to agreements entered into with us.
7 COOKIES AND OTHER INFORMATION
7.1 We may collect information about your computer (including tablets, smart phones etc.), including where available, your operating system, browser type, third-party software installed on your device, installation and uninstallation rates, the language of your device and computers manufacturer, screen size and model of the device and any other technical information for system administration and to report aggregate information to our advertisers.
7.2 This is statistical data about our users; browsing actions and patterns and does not identify any individual.
7.3 We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a Cookie collects include the date and time you visited the Website and/or Application (to the extent applicable), your browsing history, your preferences, and your username.
7.4 In some instances, our third-party service providers may use Cookies on the Website and/or Application (to the extent applicable). We cannot control, or access Cookies used by third-party service providers. This Privacy Policy covers only Cookies used by us and not any Cookies used by third parties.
7.5 Cookies enable us to – 7.5.1 estimate our Website and/or Application’s audience size and usage pattern; 7.5.2 store information about your preferences, which allows us to customize the Website and/or Application according to your individual interests; 7.5.3 speed up your searches; and 7.5.4 recognize you when you return to the Website and/or Application.
7.6 You have the ability to either accept or decline the use of Cookies on your computer (including tablets, smart phones etc.), whether you are registered with us or not. Typically, you can configure your browser to not accept Cookies. However, declining the use of Cookies may limit your access to certain features of the Website and/or Application (to the extent applicable). For example, you may have difficulty using certain interactive features of the Website and/or Application (to the extent applicable).
8 THIRD PARTIES
8.1 We may use third-party service providers to monitor our users’ interests. In addition, the Website and/or Application contains links to third-party websites and/or applications. If you click on the links to third-party websites, you leave the Website and/or Application.
8.2 We are not responsible for the content of these third-party websites/applications or for the security of your Personal Information when you use the third-party websites/applications. These third-party service providers and third-party websites/applications may have their own privacy policies governing the storage and retention of your Personal Information that you may be subject to. They may also collect information that is not Personal Information such as your browser specification, or operating system.
8.3 This Privacy Policy does not govern Personal Information provided to, stored on, or used by these third-party providers and third-party websites/applications. We recommend that when you enter a third party’s website/application, you review its privacy policy as it relates to how such third parties collect, process, store and protect your Personal Information.
8.4 You agree that TLE is not liable for any of the following – 8.4.1 the content, security, operation, use, accuracy or completeness of any such third-party websites; or the products or services that may be offered or obtained through them; or the accuracy, completeness, or reliability of any information obtained from a third-party website/application; 8.4.2 the ownership or right of use of any licensor of any software provided through any third-party website/application; 8.4.3 any content featured on third-party websites/applications that are accessed through the links found on the Website and/or Application; 8.4.4 any failure or problem that affects the products or services of a third-party website/application, for example, any telecommunication service provider, internet service provider, electricity supplier, local or other authority.
9 GENERAL
9.1 You warrant that all information (including Personal Information) that you provide to us is accurate, truthful, 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. Failure to adhere to this requirement will entitle TLE, inter alia, to terminate your use of the Website and/or Application.
9.2 You acknowledge that we may verify your identity and your Personal Information through an automated email verification process and/or with third-party service providers.
9.3 You may request access to the Personal Information which we collect from you, including to rectify the information or object to its processing by sending an email to us at [email protected]. You also have the right to lodge a complaint with the information regulator if you think we are in breach of any applicable data protection legislation.
9.4 You may access, remove, review, and/or make changes to Personal Information that you have provided to us. We may also send you any legally required notifications and other notifications, including but not limited to, service-related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website and/or Application.
9.5 If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act, No. 4 of 2013 (“POPI”), or other data protection legislation it is not intended that any provision of this Privacy Policy contravenes any provision of POPI or other data protection legislation. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI or other data protection legislation are complied with.
10 NOTIFICATION OF CHANGES
We reserve the right to change this Privacy Policy from time to time, and at our sole discretion. We may send you a notice regarding material changes to this Privacy Policy, but we encourage you to frequently check this Privacy Policy for any changes. Your continued use of the Website and/or Application after any change in this Privacy Policy will constitute your acceptance of such changes.
11 CHILDREN
The site is not intended for children and we do not knowingly collect or intend to collect Personal Information of children. If you are under the age of 18 (eighteen) years do not use our Website and/or Application without the consent of your parent or legal guardian.
12 HOW TO CONTACT US
If you have any questions about this Privacy Policy, please contact us at [email protected] with “Privacy Policy” in the subject line.