Privacy Policy

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:
Swoon Jewellery (Pty) Ltd
Registration Number: 2024/275622/07

‘’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:
• 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
• Information relating to the education or the medical, financial, criminal or employment history of the person;
• Any identifying number, symbol, e-mail address, telephone number, location information, online identifier or other particular assignment to the person;
• The biometric information of the person;
• The personal opinions, views or preferences of the person;
• Correspondence sent by the person that would reveal the contents of the original correspondence;
• The views or opinions of another individual about the person; and
• 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.

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 contact details.

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.

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 hello@swoon.co.za

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.

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.

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 and American Express.

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.

5. THIRD-PARTY SERVICES
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
• Companies who support our Site and Services, such as Shopify.
• Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
• When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

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.

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 encryption technology used by Shopify. 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.

7. COOKIES
A cookie is a piece of information that is stored on your computer’s hard drive by your web browser which tracks your movements within websites. Like many websites, our site uses cookies to keep track of how often you visit our site, the contents of your shopping cart and to deliver content specific to your interests.

For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimise the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

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.

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.

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.

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: hello@swoon.co.za.

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