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 PYGA APPAREL PRIVACY NOTICE AND POLICY

INTRODUCTION

The Protection of Personal Information Act (POPIA) requires us to inform you, the client, how we use and to whom we disclose personal information we obtain from you.

We are committed to protecting your privacy and ensure that your personal information is used appropriately, transparently and according to applicable law (the right to privacy is protected by section 14 of the constitution).

This Privacy Policy applies to all users of our Website, related mobi-sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.

It is important that you read this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information.

TERMS

In this Privacy Policy, the terms  –

  • “Personal Information”, and “process/processing” bear the same meanings as set out in POPIA.
  • “we”, “us” or “our” refers to Pyga Apparel.
  • “you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
  • “registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information in order to order goods and services on our Platforms.

IF YOU ARE BELOW THE AGE OF 18

If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Platforms.

WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

We process Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a registered user, we have to collect and process your Personal Information to render our services to you.

When you register to use our Platforms, we may collect the following Personal Information:

  • name and surname.
  • email address.
  • physical address.
  • mobile phone number.
  • online identifiers.
  • date of birth.
  • identification number.

Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.

You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

INFORMATION FROM USING OUR PLATFORMS

When you access our Platforms, whether or not you are a registered user, we some of your Personal Information. Depending on how you access and use our Platforms, we may receive:

  • log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
  • information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
  • the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information when you use location-enabled services.
  • other information about you from third parties, such as social media.

SPECIAL OFFERS/NEWSLETTER – MAILCHIMP

The special offers/newsletter is sent via the mailing service provider ‘MailChimp’, a newsletter delivery platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here . The Rocket Science Group LLC d / b / a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection ( PrivacyShield ). The shipping service provider is used on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR and an order processing contract in accordance with Article 28 (3) sentence 1 GDPR.

The shipping service provider can use the recipient’s data in pseudonymous form, ie without being assigned to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

GOOGLE ADWORDS

This website uses Google conversion tracking. If you have reached our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Every Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to Create conversion statistics for AdWords customers who have opted for conversion tracking. Customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.

If you do not want to participate in tracking, you can refuse the setting of a cookie required for this – for example, via a browser setting that generally deactivates the automatic setting of cookies or set your browser to block cookies from the “googleleadservices.com” domain.

Please note that you must not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all of your cookies in your browser, you have to set the respective opt-out cookie again.

USE OF GOOGLE REMARKETING

This website uses the remarketing function of Google Inc. The function is used to present interest-based advertisements to website visitors within the Google advertising network. A so-called “cookie” is stored in the browser of the website visitor, which makes it possible to recognize the visitor when he visits websites that belong to the Google advertising network. On these pages, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google’s remarketing function.

According to its own information, Google does not collect any personal data during this process. If you still do not want Google’s remarketing function, you can always deactivate it by making the appropriate settings at http://www.google.com/settings/ads . Alternatively, you can deactivate the use of cookies for interest-based advertising via the advertising network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.

DATA PROTECTION DECLARATION FOR GOOGLE ANALYTICS

This website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides at https://tools.google.com/dlpage/gaoptout?hl=dea browser plug-in is available. Google Analytics uses cookies. These are small text files that make it possible to save specific, user-related information on the user’s device. These enable an analysis of the use of our website by Google. The information collected by the cookie about the use of our website (including your IP address) is usually transferred to a Google server in the USA and stored there. We would like to point out that on this website, Google Analytics has been expanded to include the code “gat._anonymizeIp ();” in order to guarantee anonymous collection of IP addresses (so-called IP masking). If anonymization is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which is why no conclusions about your identity are possible. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us on this and to provide us with other related services to provide. Find out more at The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us on this and to provide us with other related services to provide. Find out more at The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. Google observes the data protection provisions of the “Privacy Shield” agreement and is registered with the “Privacy Shield” program of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to write reports for us on this and to provide us with other related services to provide. Find out more at To write reports for us in this regard and to provide us with other related services. Find out more at To write reports for us in this regard and to provide us with other related services. Find out more athttps://support.google.com/analytics/answer/6004245?hl=de .

Data protection declaration for the use of Google Web Fonts

This website uses so-called web fonts, which are provided by Google, for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font will be used by your computer.

You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/

PRIVACY POLICY FOR FACEBOOK

This website uses functions from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. In doing so, data is already being transferred to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be assigned to your Facebook account, please log out of Facebook before visiting our page. Interactions, in particular the use of a comment function or clicking a “Like” or “Share” button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy .

DATA PROTECTION DECLARTION FOR INSTAGRAM

Functions of the Instagram service are integrated into our website. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This enables Instagram to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram.

You can find more information on this in Instagram’s privacy policy: http://instagram.com/about/legal/privacy/

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process the Personal Information we collect and receive to:

  • identify you;
  • verify your identity;
  • create a user account for you; and/or
  • enter into a contract with you.

As a registered user, we also process your Personal Information in order to:

  • fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
  • provide you with information, products or services you request from us.
  • communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
  • notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products.
  • send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information). Please note that you may also receive newsletters based on your interests, recent orders and browsing behaviour. To unsubscribe from newsletters sent to you based on your recent orders and browsing behaviours, visit the Newsletter Subscriptions page under “My Account” or unsubscribe when receiving such a newsletter.
  • get feedback from you which we need to develop our products and services and grow our business.
  • comply with any legal or regulatory obligations such as tax or financial laws.
  • undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:

  • we need it to provide our Platforms, products or services to you.
  • it is required or allowed by law and is in line with our internal retention policies.
  • it is necessary to uphold the contract between you and us.
  • you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.

We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

USER TRACKING AND COOKIES

When you access and use our Platforms we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking.

Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:

  • make our Platforms more user friendly.
  • personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
  • provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
  • send Opt-In marketing communication if you are not a registered user.

We will not use your Personal Information for any other purpose without your permission.

By accessing and using the Platform, you consent to our use of cookies.

OPT OUT FROM DIRECT MARKETING

You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION

We do not sell your Personal Information to third parties for their marketing or any other purposes.

We may provide or make your Personal Information available to:

  • our employees and/or third party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering or delivery of goods.
  • law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
  • third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets.
  • our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information.
  • our suppliers or sellers in order for them to liaise directly with you regarding any goods you have purchased, for them to comply with their regulatory obligations or for any other purpose which may require their involvement.

SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above (Why we process your Personal Information?), including for data storage and back-up purposes to ensure the integrity of our systems.

When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPIA.

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPIA.

SECURING YOUR PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

  • physical, technical and network security.
  • access controls and monitoring of access.
  • secure storage, destruction and encryption of records of Personal Information.
  • Personal Information breach reporting and remediation.
  • by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.

Should you disclose your Personal Information to any third party other than us, we shall not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any 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.

KNOW YOUR RIGHTS

Having provided adequate proof of your identity, you have the right to:

  • view, correct and/or amend your Personal Information we process. Please note that as a registered user, you can do this through your user account for the Personal Information reflected therein.
  • request a record or description of your Personal Information. We may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive we may charge an additional administrative fee or refuse the request.
  • request to have your Personal Information corrected, destroyed or deleted. Please note that you can stop being a registered user by cancelling your account. In this instance we will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.
  • us complying with your requests upon receipt unless we have credible reason why we cannot comply.
  • us indicating where, if we cannot agree whether to correct or delete your Personal Information as requested, that a correction or deletion was requested but was not made.
  • inform you if reasonably practicable, should we change your Personal Information and this has an impact on decisions about you.
  • notify you of the action taken by us because of your request.
  • notify you of unauthorised access to your Personal Information.
  • provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.
  • Submit a complaint to the Information Regulator.

OUR BREACH AND INCIDENT MANAGEMENT PROTOCOLS

In the unlikely event that your information is disclosed to an unauthorised third party we will;

  • Investigate the breach.
  • Establish the seriousness of the breach.
  • Resolve internally where possible.
  • Inform you.
  • Follow the necessary steps to resolve the situation.

NB: In the event that your complaint is not resolved to your satisfaction you have the right to bring the complaint to the “Information Regulator”.

HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.

The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/

This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.