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(Last Updated 30 March 2020)
THIS PRIVACY STATEMENT FORMS PART OF THE iLAY-BYE’s WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOUMUST CEASE YOUR ACCESS OF THIS WEBSITE AND THE MOBILE APPLICATION IMMEDIATELY.
1.1. Unless the context indicates otherwise, the following words, terms or expressions shall have the meanings assigned to them hereunder these Terms and cognate expressions shall have corresponding meanings:
1.1.1. “Act” means the Protection of Personal Information Act 4 of 2013.
1.1.2. “App” means the mobile application named “iLay-bye”;
1.1.3. “Company” means Because I Can Clothing Close Corporation (registration number: 2003/002216/23) a close corporation duly incorporated and registered in accordance with the laws of the Republic of South Africa;
1.1.4. “Parties” means the Company and the User, and, “Party” means any one of them;
1.1.5. “Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Act;
1.1.6. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Act;
1.1.7. “User” or “You” means the you, the user off the App or any person who accesses the Website;
1.1.8. “Website” means the website of the Company at URL https://ilay-bye.co.za or such other URL as the Company may choose from time to time.
1.2. words importing:
1.2.1. any one gender include the other two genders;
1.2.2. the singular include the plural and vice versa; and
1.2.3. natural persons include created entities (corporate or unincorporated) and the state and vice versa;
2.1. The Company respects your privacy. This privacy policy statement sets out the Company’s information gathering and dissemination practices in respect of the Website and App.
2.2. This Privacy Policy governs the processing of personal information provided to the Company through your use of the Website and App.
2.3. Please note that, due to legal and other developments, the Company may amend this Privacy Policy from time to time. The version of the Privacy Policy are indicated by the effective date incorporated in the title of this Privacy Policy. It is your duty to remain appraised of the current version of this Privacy Policy. The date indicated in the heading of this Privacy Policy is the effective date that governs the browsing and use of this Privacy Policy from that date until the next revision of this Privacy Policy becomes effective.
2.4. By continuing to browse or use this Privacy Statement after a revised Privacy Policy becomes effective constitutes your agreement to observe this Privacy Policy as may be revised.
3.1. By providing your personal information to the Company you acknowledge that it has been collected directly from you and consent to its processing by the Company.
3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the Website (e.g. through completing any online form) or the App the following principles are observed in the processing of that information:
3.2.1. The Company will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is
collected will be apparent from the context in which it is requested.
3.2.2. The Company will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing or the Company is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
3.2.4. The Company will keep records of all Personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
3.2.5. The Company will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or the Company is required to do so by law.
3.2.6. If personal information is released with your consent the Company will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
3.2.7. The Company will destroy or delete any personal information that is no longer needed by the Company for the purpose it was initially collected, or subsequently processed.
3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, the Company may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
4.1. The Company may use standard technology to collect information about the use of this website or App. This technology is not able to identify individual users but simply allows the Company to collect statistics.
4.2. The Company may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website or App and facilitate user convenience.
4.3. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to use of services offered or to provide the Company with feedback on the performance of this website and App.
4.4. The following classes of information may be collected in respect of users who have enabled cookies:
4.4.1. The browser software used;
4.4.2. IP address;
4.4.3. Date and time of activities while visiting the website and App;
4.4.4. URLs of internal pages visited; and
4.4.5. referrers.
4.5. If you do not wish cookies to be employed to customize your interaction with this website or the App it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website or App may not be available.
The Company takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website or App, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.
The Company has no control over and accepts no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and the Company strongly recommends that you review the privacy policy of any website you visit before using it further.
If you have any queries about this privacy policy, please contact us by emailing info@ilay-bye.co.za
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