Privacy policy

Definitions

Our Privacy Policy is based on the prescripts of POPIA, which requires our documentation to be understandable to you. To ensure this, we have set out terminology used herein for your ease of reference. In this Policy, we use, inter alia, the following terms:

“we” and “us” shall mean:
Nergii (Pty) Ltd
Registration Number: 2018/640709/07

 

‘’POPIA’’ shall mean:
Protection of Personal Information Act 4 of 2013

‘’you’’ and “your” shall mean:
the person to whom personal information relates

“information”/ “personal information” shall mean:
Personal information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –

  1. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  2. Information relating to the education or the medical, financial, criminal or employment history of the person;
  3. Any identifying number, symbol, e-mail address, telephone number, location information, online identifier or other particular assignment to the person;
  4. The biometric information of the person;
  5. The personal opinions, views or preferences of the person;
  6. Correspondence sent by the person that would reveal the contents of the original correspondence;
  7. The views or opinions of another individual about the person; and
  8. The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

“Processing” shall mean:
any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

third-party” shall mean:
a person, natural or juristic, which processes personal information for us in terms of a contract or mandate, without coming under our direct authority.

“Consent” shall mean”
Consent which is given freely and is an unambiguous indication of your wishes conveyed via a statement or by a clear affirmative action signifying your agreement to the processing of your personal information.

We are committed to respecting concerns regarding privacy and will process all personal information in alignment with the prescripts of POPIA and any further prevailing South African privacy legislation.

All personal information furnished collected and processed by us regardless of form or medium shall be processed in accordance with the provisions set out hereunder. By furnishing us with your personal information you consent to us processing it in accordance with the terms set out hereunder.

We endeavour to collect and process the information, which has been collected directly from you.

Generally, the processing of your information is necessary for purposes relating to the provison of goods and/or services to you or as allowed by law. We will therefore only request information that is relevant and necessary for such processing. Failure to provide requested personal information could prevent or cause a delay in the processing of your request for goods and/or services.

You agree to provide accurate and complete personal information.  Should you fail to provide accurate personal information, we may refuse to process your request for goods/services.

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.

SECTION 2 – PURPOSE FOR PROCESSING

We, and service providers we engage, process the information collected for the following purposes:

Consent
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at craig@nergii.com.

To Comply with Contractual Obligations
We will carry out administrative activities which includes but is not limited to liaising with you (telephonically or via email) for invoicing, collecting payments and delivery of services or for any other purposes related to the our contractual obligations to you.

To Comply with Legal Obligations
Personal information is also collected and processed in order to comply with any legal obligation imposed on us, which includes but is not limited to our duty to monitor and provide notification.

In Pursuit of our legitimate interests or that of any third parties
We may process your data where necessary to pursue our legitimate interests or the legitimate interests of third parties. This includes but is not limited to: 

  • Enforcement of legal claims and defence in legal disputes;
  • Prevention and investigation of criminal acts;
  • Preservation of IT security and IT operations.

SECTION 3 – DISCLOSURE

We may process your information for purposes set out herein, as allowed by law and/or if you violate our Terms of Service.

SECTION 4 – SHOPIFY

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

SECTION 5 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your personal information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Italy and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

When we contract third-party services, we impose appropriate security, privacy and confidentiality obligations on them to ensure that Personal Information that we remain responsible for, is kept secure. We will endeavour to ensure that anyone to whom we pass your Personal Information agrees to treat your information with the same level of protection as we are obliged to.

LINKS TO OTHER WEBSITES
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 – COOKIES

“Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site.

Here is a list of cookies that we use. We’ve listed them here so that you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer. cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite. If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 – AGE OF CONSENT

We do not intentionally process the information of minor children. By using this site, you represent that you are at least the age of majority in your state or shop_contact_province_state of residence, or that you are the age of majority in your state or shop_contact_province_state of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 – RETENTION OF RECORDS

The criteria used to determine the period of storage of personal information is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

SECTION 10: TRANSFER OF YOUR PERSONAL DATA

Your information, including personal information, may be processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

SECTION 11: CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please submit your request, in writing, to our Information Officer at: craig@nergii.com.

If you are not satisfied with our response to your query, you may approach the following regulatory body for further assistance:

THE INFORMATION REGULATOR (SOUTH AFRICA) SITUATE AT: JD HOUSE, 27 STIEMENS STREET, BRAAMFONTEIN, JOHANNESBURG, 2001.

COMPLAINTS:  POPIAComplaints@inforegulator.org.za  PAIAComplaints@inforegulator.org.za

GENERAL QUERIES: enquiries@inforegulator.org.za