Terms & Fine Print

Vetkoek Paleis Brackenfell Privacy Policy

PRIVACY NOTICE AND INFORMED CONSENT NOTICE

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)

(EMAIL, WEBSITE AND SOCIAL MEDIA PRIVACY NOTICE)

The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.

The responsible use of the Vetkoek Paleis Brackenfell website and related resources in respect of data privacy is important to Vetkoek Paleis Brackenfell.

Whilst Vetkoek Paleis Brackenfell is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law, the Vetkoek Paleis Brackenfell has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to the Vetkoek Paleis Brackenfell Information and Services including its online and social media platforms and applications.

This Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive Vetkoek Paleis Brackenfell Information and Communications via its electronic communication facilities and resources including its website, email and social media platforms and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.

PLEASE READ THE DOCUMENT BEFORE YOU MAKE USE OF THE VETKOEK PALEIS BRACKENFELL ELECTRONIC FACILITIES OR PROVIDE VETKOEK PALEIS BRACKENFELL WITH ANY PERSONAL INFORMATION BY PROVIDING VETKOEK PALEIS BRACKENFELL WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO THE VETKOEK PALEIS BRACKENFELL PROCESSING YOUR PERSONAL INFORMATION, WHICH VETKOEK PALEIS BRACKENFELL UNDERTAKES TO PROCESS STRICTLY IN ACCORDANCE WITH THIS PRIVACY POLICY.

1. DEFINITIONS

In this Policy (as defined below), unless the context requires otherwise, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings–

1.1 “Child” means any natural person under the age of 18 (eighteen) years;

1.2 “Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information under the control of or in the possession of Vetkoek Paleis Brackenfell;

1.3 “Data Subject” has the meaning ascribed thereto under POPIA;

1.4 “Direct Marketing” means to approach a person, by electronic communication, for the purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject;

1.5 “Direct Marketer” means a supplier who employs Direct Marketing as an advertising mechanism;

1.6 “Employees” means any employee of Vetkoek Paleis Brackenfell;

1.7 “Government” means the Government of the Republic of South Africa;

1.8 “Vetkoek Paleis Brackenfell” means the Vetkoek Paleis Brackenfell Company, with its registered address at 15A, Brackenfell Shopping Centre, Old Paarl Rd, Brackenfell, Cape Town, 7560;

1.9 “Operator” means a person or entity who Processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that Responsible Party;

1.10 “PAIA” means the Promotion of Access to Information Act, No 2 of 2000;

1.11 “Personal Information” has the meaning ascribed thereto under POPIA and specifically includes any form of information that can be used to identify a Data Subject;

1.12 “Policy” means this Privacy Policy;

1.13 “POPIA” means the Protection of Personal Information Act No. 4 of 2013;

1.14 “Processing” has the meaning ascribed thereto under POPIA. “Process” has a corresponding meaning;

1.15 “Regulator” means the Information Regulator established in terms of POPIA;

1.16 “Responsible Party” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information;

1.17 “Special Personal Information” means Personal Information concerning a Data Subject’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health, sexual life, biometric information or criminal behaviour; and

1.18 “Third Party” means any independent contractor, agent, consultant, sub-contractor or other representative of Vetkoek Paleis Brackenfell.

2. PURPOSE OF THIS POLICY

2.1 The purpose of this Policy is to inform Data Subjects about how Vetkoek Paleis Brackenfell Processes their Personal Information.

2.2 Vetkoek Paleis Brackenfell, in its capacity as Responsible Party (and/or Operator, where applicable), shall strive to observe, and comply with its obligations under POPIA as well as accepted information protection principles, practices and guidelines when it Processes Personal Information from or in respect of a Data Subject.

2.3 This Policy applies to Personal Information collected by Vetkoek Paleis Brackenfell in connection with the products and services which Vetkoek Paleis Brackenfell provides. This includes information collected directly from you as a Data Subject, as well as information we collect indirectly though our service providers who collect your information on our behalf.

2.4 This Privacy Policy does not apply to the information practices of Third Party companies who we may engage with in relation to our business operations (including, without limitation, their websites, platforms and/or applications) which we do not own or control; or individuals that Vetkoek Paleis Brackenfell does not manage or employ. These Third Party sites may have their own privacy policies and terms and conditions and we encourage you to read them before using them.

3. PROCESS OF COLLECTING PERSONAL INFORMATION

3.1 Vetkoek Paleis Brackenfell collects Personal Information directly from Data Subjects as and when required for a defined purpose, unless an exception is applicable (such as, for example, where the Data Subject has made the Personal Information public or the Personal Information is contained in or derived from a public record).

3.2 Vetkoek Paleis Brackenfell will always collect Personal Information in a fair, lawful and reasonable manner to ensure that it protects the Data Subject’s privacy and will Process the Personal Information based on legitimate grounds in a manner that does not adversely affect the Data Subject in question.

3.3 Vetkoek Paleis Brackenfell often collects Personal Information directly from the Data Subject and/or in some cases, from Third Parties. Where Vetkoek Paleis Brackenfell obtains Personal Information from Third Parties, Vetkoek Paleis Brackenfell will ensure that it obtains the consent of the Data Subject to do so or will only Process the Personal Information without the Data Subject’s consent where Vetkoek Paleis Brackenfell is permitted to do so in terms of clause 3.1 above or the applicable law.

3.4 An example of such Third Parties includes: (i) recruitment agencies; (ii) other companies providing services to Vetkoek Paleis Brackenfell; and (iii) where Vetkoek Paleis Brackenfell makes use of publicly available sources of information (e.g. the Companies and Intellectual Property Commission, an agency of the Department of Trade and Industry in South Africa (CIPC)).

4. LAWFUL PROCESSING OF PERSONAL INFORMATION

4.1 Where Vetkoek Paleis Brackenfell is the Responsible Party, it will only Process a Data Subject’s Personal Information (other than for Special Personal Information) where –

4.1.1 consent of the Data Subject (or a competent person, where the Data Subject is a Child) is obtained;

4.1.2 Processing is necessary to carry out the actions for conclusion of a contract to which a Data Subject is party;

4.1.3 Processing complies with an obligation imposed by law on Vetkoek Paleis Brackenfell;

4.1.4 Processing protects a legitimate interest of the Data Subject; and/or

4.1.5 Processing is necessary for pursuing the legitimate interests of Vetkoek Paleis Brackenfell or of a third party to whom the information is supplied.

4.2 Vetkoek Paleis Brackenfell will only Process Personal Information where one of the legal bases referred to in paragraph 4.1 above are present.

4.3 Vetkoek Paleis Brackenfell will make the manner and reason for which the Personal Information will be Processed clear to the Data Subject.

4.4 Where Vetkoek Paleis Brackenfell is relying on a Data Subject’s consent as the legal basis for Processing Personal Information, the Data Subject may withdraw his/her/its consent or may object to Vetkoek Paleis Brackenfell Processing of the Personal Information at any time. However, this will not affect the lawfulness of any Processing carried out prior to the withdrawal of consent or any Processing justified by any other legal ground provided under POPIA.

4.5 If the consent is withdrawn or if there is otherwise a justified objection against the use or the Processing of such Personal Information, Vetkoek Paleis Brackenfell will ensure that the Personal Information is no longer Processed.

5. SPECIAL PERSONAL INFORMATION AND PERSONAL INFORMATION OF CHILDREN

5.1 Special Personal Information is sensitive Personal Information of a Data Subject and Vetkoek Paleis Brackenfell acknowledges that it will generally not Process Special Personal Information unless –

5.1.1 Processing is carried out in accordance with the Data Subject’s consent;

5.1.2 Processing is necessary for the establishment, exercise or defence of a right or obligation in law;

5.1.3 Processing is for historical, statistical or research purposes, subject to stipulated safeguards;

5.1.4 information has deliberately been made public by the Data Subject; or

5.1.5 specific authorisation applies in terms of POPIA.

5.2 Vetkoek Paleis Brackenfell acknowledges that it may not Process any Personal Information concerning a Child and will only do so where it has obtained the consent of the parent or guardian of that Child or where it is permitted to do so in accordance with applicable laws.

6. PURPOSE FOR PROCESSING PERSONAL INFORMATION

6.1 Vetkoek Paleis Brackenfell understands its obligation to make Data Subjects aware of the fact that it is Processing their Personal Information and inform them of the purpose for which Vetkoek Paleis Brackenfell Processes such Personal Information.

6.2 Vetkoek Paleis Brackenfell will only Process a Data Subject’s Personal Information for a specific, lawful and clear purpose (or for specific, lawful and clear purposes) and will ensure that it makes the Data Subject aware of such purpose(s) as far as possible.

6.3 It will ensure that there is a legal basis for the Processing of any Personal Information. Further, Vetkoek Paleis Brackenfell will ensure that Processing will relate only to the purpose for and of which the Data Subject has been made aware (and where relevant, consented to) and will not Process any Personal Information for any other purpose(s).

6.4 Vetkoek Paleis Brackenfell will generally use Personal Information for purposes required to operate and manage its normal operations and these purposes include one or more of the following non-exhaustive purposes –

6.4.1.1 for the purposes of providing its products or services to customers and where relevant, for purposes of doing appropriate customer onboarding and credit vetting

6.4.1.2 for purposes of onboarding suppliers or service providers as approved suppliers/service providers of Vetkoek Paleis Brackenfell. For this purpose, Vetkoek Paleis Brackenfell will also Process a service provider’s/supplier’s Personal Information for purposes of performing the necessary due diligence checks;

6.4.1.3 as part of the “Know Your Customer” / “KYC” process as per the requirements of the Financial Intelligence Centre Act, No. 38 of 2001;

6.4.1.4 generally for procurement and supply purposes;

6.4.1.5 for purposes of monitoring the use of Vetkoek Paleis Brackenfell electronic systems and online platforms by Data Subjects. Vetkoek Paleis Brackenfell will, from time to time, engage third party service providers (who will Process the Data Subject’s Personal Information on behalf of Vetkoek Paleis Brackenfell) to facilitate this;

6.4.1.6 for purposes of preventing, discovering and investigating violations of this Policy, the applicable law and other Vetkoek Paleis Brackenfell policies;

6.4.1.7 in connection with the execution of payment processing functions, including payment of Vetkoek Paleis Brackenfell suppliers’/service providers’ invoices;

6.4.1.8 for employment-related purposes such as recruiting staff, administering payroll, background checks, etc.;

6.4.1.9 in connection with internal audit purposes (i.e. ensuring that the appropriate internal controls are in place in order to mitigate the relevant risks, as well as to carry out any investigations where this is required);

6.4.1.10 in connection with external audit purposes. For this purpose, Vetkoek Paleis Brackenfell engages external service providers and, in so doing, shares Personal Information of the Data Subjects with third parties;

6.4.1.11 for company secretarial related purposes. For this purpose, Vetkoek Paleis Brackenfell will, from time to time, collect information relating to Data Subjects from third parties such as the Companies and Intellectual Property Commission, an agency of the Department of Trade and Industry in South Africa

6.4.1.12 for such other purposes to which the Data Subject may consent from time to time;

6.4.1.13 for such other purposes as authorised in terms of applicable law; and

6.4.1.14 to comply with any applicable law or any query from Government authorities, including any regulatory authority that has authority over Vetkoek Paleis Brackenfell.

7. KEEPING PERSONAL INFORMATION ACCURATE

7.1 Vetkoek Paleis Brackenfell will take reasonable steps to ensure that all Personal Information is kept as accurate, complete and up to date as reasonably possible depending on the purpose for which Personal Information is collected or further processed.

7.2 Vetkoek Paleis Brackenfell may not always expressly request the Data Subject to verify and update his/her/its Personal Information unless this process is specifically necessary.

7.3 Vetkoek Paleis Brackenfell, however, expects that the Data Subject will notify Vetkoek Paleis Brackenfell from time to time in writing of any updates required in respect of his/her/its Personal Information.

8. STORAGE AND PROCESSING OF PERSONAL INFORMATION BY Vetkoek Paleis Brackenfell AND THIRD PARTY SERVICE PROVIDERS

8.1 Vetkoek Paleis Brackenfell may store your Personal Information in hardcopy format and/or in electronic format using Vetkoek Paleis Brackenfell secure servers or other internally hosted technology. Your Personal Information may also be stored by Third Parties, via cloud services or other technology, with whom Vetkoek Paleis Brackenfell has contracted with.

8.2 Vetkoek Paleis Brackenfell Third Party service providers, including data storage and processing providers, may from time to time also have access to a Data Subject’s Personal Information in connection with purposes for which the Personal Information was initially collected to be Processed.

8.3 Vetkoek Paleis Brackenfell will ensure that such Third Party service providers will Process the Personal Information in accordance with the provisions of this Policy, all other relevant internal policies and procedures and POPIA.

8.4 These Third Parties do not use or have access to the Data Subject’s Personal Information other than for purposes specified by Vetkoek Paleis Brackenfell, and Vetkoek Paleis Brackenfell requires such parties to employ at least the same level of security that Vetkoek Paleis Brackenfell uses to protect the Data Subject’s personal data.

8.5 Your Personal Information may be Processed in South Africa or another country where Vetkoek Paleis Brackenfell, its affiliates and their Third Party service providers maintain servers and facilities and Vetkoek Paleis Brackenfell will take steps, including by way of contracts, to ensure that it continues to be protected, regardless of its location, in a manner consistent with the standards of protection required under applicable law, including POPIA

9. PERSONAL INFORMATION FOR DIRECT MARKETING PURPOSES

9.1 To the extent that Vetkoek Paleis Brackenfell acts in its capacity as a Direct Marketer, it shall strive to observe, and comply with its obligations under POPIA when implementing principles and practices in relation to Direct Marketing.

9.2 Vetkoek Paleis Brackenfell acknowledges that it may only use Personal Information to contact the Data Subject for purposes of Direct Marketing from time to time where it is permissible to do so.

9.3 It may use Personal Information to contact any Data Subject and/or market Vetkoek Paleis Brackenfell services directly to the Data Subject(s) if the Data Subject is one of Vetkoek Paleis Brackenfell existing clients, the Data Subject has requested to receive marketing material from Vetkoek Paleis Brackenfell or Vetkoek Paleis Brackenfell has the Data Subject’s consent to market its services directly to the Data Subject.

9.4 If the Data Subject is an existing client, Vetkoek Paleis Brackenfell will only use his/her/its Personal Information if it has obtained the Personal Information through the provision of a service to the Data Subject and only in relation to similar services to the ones Vetkoek Paleis Brackenfell previously provided to the Data Subject.

9.5 Vetkoek Paleis Brackenfell will ensure that a reasonable opportunity is given to the Data Subject to object to the use of their Personal Information for Vetkoek Paleis Brackenfell marketing purposes when collecting the Personal Information and on the occasion of each communication to the Data Subject for purposes of Direct Marketing.

9.6 Vetkoek Paleis Brackenfell will not use your Personal Information to send you marketing materials if you have requested not to receive them. If you request that we stop Processing your Personal Information for marketing purposes, Vetkoek Paleis Brackenfell shall do so. We encourage that such requests to opt-out of marketing be made via forms and links provided for that purpose in the marketing materials sent to you.

10. RETENTION OF PERSONAL INFORMATION

10.1 Vetkoek Paleis Brackenfell may keep records of the Personal Information, correspondence, or comments it has collected in an electronic or hardcopy file format.

10.2 In terms of POPIA, Vetkoek Paleis Brackenfell may not retain Personal Information for a period longer than is necessary to achieve the purpose for which it was collected or processed and is required to delete, destroy (in such a way that it cannot be reconstructed) or de-identify the information as soon as is reasonably practicable once the purpose has been achieved. This prohibition will not apply in the following circumstances –

10.2.1 where the retention of the record is required or authorised by law or by any Government authority;

10.2.2 Vetkoek Paleis Brackenfell requires the record to fulfil its lawful functions or activities;

10.2.3 retention of the record is required by a contract between the parties thereto;

10.2.4 the Data Subject (or competent person, where the Data Subject is a Child) has consented to such longer retention; or

10.2.5 the record is retained for historical, research, archival or statistical purposes provided safeguards are put in place to prevent use for any other purpose. Accordingly, Vetkoek Paleis Brackenfell will, subject to the exceptions noted in this Policy, retain Personal Information for as long as necessary to fulfil the purposes for which that Personal Information was collected and/or as permitted or required by applicable law.

10.3 Where Vetkoek Paleis Brackenfell retains Personal Information for longer periods for statistical, historical, archival or research purposes, Vetkoek Paleis Brackenfell will ensure that appropriate safeguards have been put in place to ensure that all recorded Personal Information will continue to be Processed in accordance with this Policy and applicable laws.

10.4 Once the purpose for which the Personal Information was initially collected and Processed no longer applies or becomes obsolete, Vetkoek Paleis Brackenfell will ensure that the Personal Information is deleted, destroyed or de-identified sufficiently so that a person cannot re-identify such Personal Information. In instances where we de-identify your Personal Information, Vetkoek Paleis Brackenfell may use such de-identified information indefinitely.

11. FAILURE TO PROVIDE PERSONAL INFORMATION

11.1 Should Vetkoek Paleis Brackenfell need to collect Personal Information by law or under its obligations as an employer or product or service provider, and you fail to provide the Personal Information when requested, we may be unable to perform our duties as an employer, in terms of the applicable law or in terms of providing the product to you.

11.2 Should Vetkoek Paleis Brackenfell need to collect Personal Information for any of the purposes set out in clause 11.1 and you fail to provide the Personal Information when requested, your failure to provide such Personal Information may have negative consequences, including that Vetkoek Paleis Brackenfell may not be able to effectively perform its obligations as an employer (where Vetkoek Paleis Brackenfell needs to Process your Personal Information in order to perform its obligations as an employer) or product or service provider (where Vetkoek Paleis Brackenfell needs to Process your Personal Information in order to provide you with its products or services), have to decline to receive the relevant services from you as a supplier, and you will be notified where this is the case.

12. SAFE-KEEPING OF PERSONAL INFORMATION

12.1 Vetkoek Paleis Brackenfell shall preserve the security of Personal Information and, in particular, prevent its alteration, loss and damage, or access by non-authorised third parties.

12.2 Vetkoek Paleis Brackenfell will ensure the security and integrity of Personal Information in its possession or under its control with appropriate, reasonable technical and organisational measures to prevent loss, unlawful access and unauthorised destruction of Personal Information.

12.3 Vetkoek Paleis Brackenfell has implemented physical, organisational, contractual and technological security measures (having regard to generally accepted information security practices or industry specific requirements or professional rules) to keep all Personal Information secure, including measures protecting any Personal Information from loss or theft, and unauthorised access, disclosure, copying, use or modification. Further, Vetkoek Paleis Brackenfell maintains and regularly verifies that the security measures are effective and regularly updates same in response to new risks.

13. BREACHES OF PERSONAL INFORMATION

13.1 A Data Breach refers to any incident in terms of which reasonable grounds exist to believe that the Personal Information of a Data Subject has been accessed or acquired by any unauthorised person.

13.2 A Data Breach can happen for many reasons, which include: (a) loss or theft of data or equipment on which Personal Information is stored; (b) inappropriate access controls allowing unauthorised use; (c) equipment failure; (d) human error; (e) unforeseen circumstances, such as a fire or flood; (f) deliberate attacks on systems, such as hacking, viruses or phishing scams; and/or (g) alteration of Personal Information without permission and loss of availability of Personal Information.

13.3 Vetkoek Paleis Brackenfell will address any Data Breach in accordance with the terms of POPIA.

13.4 Vetkoek Paleis Brackenfell will notify the Regulator and the affected Data Subject (unless the applicable law or a Government authority requires that we delay notification to the Data Subject) in writing in the event of a Data Breach (or a reasonable belief of a Data Breach) in respect of that Data Subject’s Personal Information.

13.5 Vetkoek Paleis Brackenfell will provide such notification as soon as reasonably possible after it has become aware of any Data Breach in respect of such Data Subject’s Personal Information.

13.6 Where Vetkoek Paleis Brackenfell acts as an ‘Operator’ for purposes of POPIA and should any Data Breach affect the data of Data Subjects whose information Vetkoek Paleis Brackenfell Processes as an Operator, Vetkoek Paleis Brackenfell shall (in terms of POPIA) notify the relevant Responsible Party immediately where there are reasonable grounds to believe that the Personal Information of relevant Data Subjects has been accessed or acquired by any unauthorised person.

14. PROVISION OF PERSONAL INFORMATION TO THIRD PARTY SERVICE PROVIDERS

14.1 Vetkoek Paleis Brackenfell may disclose Personal Information to Third Parties and will enter into written agreements with such Third Parties to ensure that they Process any Personal Information in accordance with the provisions of this Policy, and POPIA.

14.2 Vetkoek Paleis Brackenfell notes that such Third Parties may assist Vetkoek Paleis Brackenfell with the purposes listed in paragraph 6.3 above – for example, service providers may be used, inter alia,

14.2.1 for data storage;

14.2.2 to assist Vetkoek Paleis Brackenfell with auditing processes (external auditors);

14.2.3 for providing outsourced services to Vetkoek Paleis Brackenfell, including in respect of its (i) legal, (ii) data storage requirements and (iii) upskilling of its Employees; and/or

14.2.4 to notify the Data Subjects of any pertinent information concerning Vetkoek Paleis Brackenfell.

14.3 Vetkoek Paleis Brackenfell will disclose Personal Information with the consent of the Data Subject or if Vetkoek Paleis Brackenfell is permitted to do so without such consent in accordance with applicable laws.

14.4 Further, Vetkoek Paleis Brackenfell may also send Personal Information to a foreign jurisdiction outside of the Republic of South Africa, including for Processing and storage by Third Parties.

14.5 When Personal Information is transferred to a jurisdiction outside of the Republic of South Africa including to any cloud, data centre or server located outside of the South Africa, Vetkoek Paleis Brackenfell will obtain the necessary consent to transfer the Personal Information to such foreign jurisdiction or may transfer the Personal Information where Vetkoek Paleis Brackenfell is permitted to do so in accordance with the provisions applicable to cross-border flows of Personal Information under POPIA.

14.6 The Data Subject should also take note that the Processing of Personal Information in a foreign jurisdiction, if and to the extent such Processing does occur, may be subject to the laws of the country in which the Personal Information is held, and may be subject to disclosure to the governments, courts of law, enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

15. USE OF WEBSITE COOKIES

15. 1 Some of our online services require that we use cookies or similar technologies such as pixels (collectively: “cookies”). Cookies in this sense are small files or other technologies that allow us to learn how you use the site. This enables us, among other things, to offer you our website, to improve our website and to specifically tailor to your interests.

15. 2 What cookies are used on this site, and how do I set them with the cookie opt-in solution?

15. 2.1 You will find a list of the cookies we use, descriptions of the purposes of the cookies and further information on the respective cookies here in our cookie consent solution or navigate to “Cookie settings” in our website’s footer below.

15. 2.2 On your first visit to our website and then at any time in our cookie opt-in solution, you can accept or decline individual cookies or all cookies separately by placing a green tick next to the cookie or removing it and then clicking on “Save settings”.

15.2.3. The settings you make in the cookie opt-in solution are stored on your computer or mobile device. You will therefore need to do this again if you delete your browser history or use another device or Internet browser.

15 3 Further options for setting cookies

15 .3.1 Below you will find information on how you can – in addition to or instead of using our cookie opt-in solution – set cookies on the website in a more general way:

Browser settings

Most browsers are set by default to accept cookies, but you can reconfigure your browser so that it rejects cookies or asks you to confirm them beforehand. The help function in the menu bar of most web browsers explains how you can prevent your browser from accepting new cookies, how you can have your browser notify you when you receive a new cookie, or how you can delete all cookies that have already been received and block the browser for all further cookies.

However, if you refuse cookies, some of our website (and the services of other websites) may not be available and so some functions cannot be used. As a rule, cookies must also be activated in order to be able to object to the use of programs/uses (by setting an objection (opt-out) cookie).

Opt-out via www.youronlinechoices.com

You can also object to some cookies that are loaded on the website centrally at www.youronlinechoices.com. The respective cookie will then no longer collect any data about your future visits to our website. In addition, this prevents the respective cookie from being created again. Please note, however, that this objection sets an opt-out cookie on your device. You may not delete this. If you have deleted all your cookies from your Internet browser, if you are using another Internet browser or another device, you must object to the cookie again using the above link.

16. ACCESS TO PERSONAL INFORMATION

16.1 POPIA read with the relevant provisions of the Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) confers certain access rights on Data Subjects. These rights include –

16.1.1 a right of access: a Data Subject having provided adequate proof of identity has the right to: (i) request a Responsible Party to confirm whether any Personal Information is held about the Data Subject; and/or (ii) request from a Responsible Party a description of the Personal Information held by the Responsible Party including information about Third Parties who have or have had access to the Personal Information. A Data Subject may request:

16.1.1.1 Vetkoek Paleis Brackenfell to confirm, free of charge, whether it holds any Personal Information about him/her/it; and

16.1.1.2 to obtain from Vetkoek Paleis Brackenfell the record or description of Personal Information concerning him/her/it and any information regarding the recipients or categories of recipients who have or had access to the Personal Information. Such record or description is to be provided: (a) within a reasonable time; and (b) in a reasonable manner and format and in a form that is generally understandable.

16.1.2 a right to request correction or deletion: a Data Subject may also request Vetkoek Paleis Brackenfell to –

16.1.2.1 correct or delete Personal Information about the Data Subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or

16.1.2.2 destroy or delete a record of Personal Information about the Data Subject that Vetkoek Paleis Brackenfell is no longer authorised to retain records in terms of POPIA’s retention and restriction of records provisions.
On receipt of such a request, Vetkoek Paleis Brackenfell is required to, as soon as is reasonably practicable –

16.1.2.2.1 correct the information;

16.1.2.2.2 delete or destroy the information;

16.1.2.2.3 provide the Data Subject with evidence in support of the information; or

16.1.2.2.4 where the Data Subject and Responsible Party cannot reach agreement on the request and if the Data Subject requests this, Vetkoek Paleis Brackenfell will take reasonable steps to attach to the information an indication that correction has been requested but has not been made;

16.1.3 a right to withdraw consent and to object to processing: a Data Subject that has previously consented to the Processing of his/her/its Personal Information has the right to withdraw such consent and may do so by providing Vetkoek Paleis Brackenfell with notice to such effect on https://ciberbuy.com/dsar-form/. Further, a Data Subject may object, on reasonable grounds, to the Processing of Personal Information relating to him/her/it.

16.2 Accordingly, Vetkoek Paleis Brackenfell may request the Data Subject to provide sufficient identification to permit access to, or provide information regarding the existence, use or disclosure of the Data Subject’s Personal Information. Any such identifying information shall only be used for the purpose of facilitating access to or information regarding the Personal Information.

16.3 The Data Subject can request any Personal Information about the Data Subject that Vetkoek Paleis Brackenfell holds including Personal Information that Vetkoek Paleis Brackenfell has collected, utilised or disclosed on https://ciberbuy.com/dsar-form/

16.4 Vetkoek Paleis Brackenfell shall respond to these requests in accordance with POPIA and PAIA and provide the Data Subject with any such Personal Information to the extent required by law and any of Vetkoek Paleis Brackenfell policies and procedures which apply in terms of the PAIA.

16.5 The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information in Vetkoek Paleis Brackenfell records at any time in accordance with the process set out in this Privacy Policy.

16.6 If a Data Subject successfully demonstrates that their Personal Information in Vetkoek Paleis Brackenfell records is inaccurate or incomplete, Vetkoek Paleis Brackenfell will ensure that such Personal Information is amended or deleted as required (including by any Third Parties).

17. TIME PERIODS

17.1 Vetkoek Paleis Brackenfell will respond to each written request of a Data Subject not later than 30 (thirty) days after receipt of such requests. Under certain circumstances, Vetkoek Paleis Brackenfell may, however, extend the original period of 30 days once for a further period of not more than 30 (thirty) days.

17.2 A Data Subject has the right to make a complaint to Vetkoek Paleis Brackenfell in respect of this time limit by contacting Vetkoek Paleis Brackenfell using the contact details provided in paragraph 20 below.

18. COSTS TO ACCESS TO PERSONAL INFORMATION

The prescribed fees to be paid for copies of the Data Subject’s Personal Information are free of charge.

19. CHANGES TO THIS POLICY

19.1 Vetkoek Paleis Brackenfell reserves the right to make amendments to this Policy from time to time and will use reasonable efforts to notify Data Subjects of such amendments.

19.2 The current version of this Policy will govern the respective rights and obligations between the Data Subject and Vetkoek Paleis Brackenfell each time that the Data Subject access and use Vetkoek Paleis Brackenfell site.

20. CONTACTING US

20.1 All comments, questions, concerns or complaints regarding your Personal Information or this Policy, should be emailed to privacy@ciberbuy.com

20.2 If a Data Subject is unsatisfied with the manner in which Vetkoek Paleis Brackenfell addresses any complaint with regard to Vetkoek Paleis Brackenfell Processing of Personal Information, the Data Subject can contact the office of the Regulator, the details of which are set out below –

TERMS OF SERVICE

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OVERVIEW

This website is operated by Vetkoek Paleis Brackenfell. Throughout the site, the terms “we”, “us” and “our” refer to Vetkoek Paleis Brackenfell. Vetkoek Paleis Brackenfell offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Vetkoek Paleis Brackenfell, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vetkoek Paleis Brackenfell and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Shop No. 15 A, Brackenfell Shopping Center, Old Paarl Road, Brackenfell, WC, 7560, South Africa.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@ciberbuy.com.