Privacy

This is the privacy policy of Photofrog a division of Five Squared Digital with registration number 2016 / 529317 / 07

Overview

• Our policy complies with the Protection of Personal Information Act 2013 and General Data Protection Regulation, and any other data protection laws that may be applicable.
• The aim of our privacy policy is to inform you of your rights and how we collect and process any information of you, whether collected or if you have provided.
• We are committed to protecting your privacy and except in the circumstances below, we do not share, sell, or disclose to a third party, any information collected through our website or otherwise.

Personal and Special Information

As defined in the Act we may collect, use, store and transfer personal information about you. This can include the following:

• Information about your identity, contact information, payment information, technical information, usernames and passwords. Any consents to receiving marketing material.
• Included is also information for research and statistical purposes.
• We do not collect any special personal information about you, however if in certain circumstances there is a lawful basis to do so we will collect this information.

Refusal to provide us with information

In circumstances where you refuse to provide us with information that is required by us to perform the service or provide the product to you for purposes of the contract, we will have to terminate our services, and notify you.

Processing of information on our e-commerce store

• For purposes of concluding the contract that you have agreed to by accepting our terms and conditions we will verify your identity for security purposes, sell products to you, provide you with our services.
• By virtue of our contractual relationship, we will also provide you with suggestions and advice on products, services and how to obtain the most from using our website.
• All information that you provide to us in course of the contract will continue to be processed by us, until the contract terminates, or if you have consented to receiving further information from us until unsubscribed.

General consent

• Through certain actions if there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including [job opportunities and] our products and services, you provide your consent to us to process information that may be personal information.
• Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.
• If you have given us explicit permission to do so, we may from time to time, pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
• We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
• You may withdraw your consent at any time by instructing us [email protected]. However, if you do so, you may not be able to use our website or our services further.

Child information and consent

• In terms of the Protection of Personal Information Act of 2013, information may be collected should a competent person (as defined in the Act) consented to the use of such information.
• By providing information of your child you explicitly consent to being a competent person of the said child in question as defined in the Act.
• We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
• You may withdraw your consent at any time by instructing us [email protected]. However, if you do so, you may not be able to use our website or our services further.

Media received from Sellers

• At Photofrog we are dedicated to ensuring the privacy of our clients and users.
• Photofrog confirms that media is received from Sellers who are responsible to ensure that the necessary consents are obtained in terms of the Protection of Personal Information Act of 2013.
• Photofrog ensures that it privacy measures are in place and that the photographers have confirmed that they have obtained the necessary consent.

Lawful interest to process information

We can process information that we have a lawful interest to process. However, we consider the safety of processing of the information to you or otherwise. Administrative reasons, protecting and asserting the legal rights of any party, insuring against, or obtaining professional advice that is required to manage risk. Or when there is a cause for protecting your interests.

Sharing information

• It remains your responsibility to ensure that the information you share on our website may be shared. This specifically relates to comments, tags, reviews etc.
• Information shared in this fashion may be used by our company and processed.
• Information may be shared with third party service providers for the purpose of processing an instruction or legitimate business interest.

Cookies

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use. We use cookies in the following ways:

• To record items added to your cart.
• To keep you signed-in on our website.
• To generally gather website user behaviour.
• Browsing activity.
• Geographical information.

Re-marketing

You hereby consent to our company using third parties to re-market services by allowing us to provide advertisements of our products or services.

Third-party advertising

Our company policy allows for third parties to market on our website from time to time. You hereby indemnify and hold us harmless in the event that a third-party company uses your information in contradiction to Act.

Information processed outside South Africa

Our websites may be hosted in a country other than South Africa. We may also use outsourced services in countries outside South Africa from time to time and your information may be processed outside South Africa.

Access to personal information

• At any time, you may review or update personal information by either amending your details in your account or contacting us.
• Any request for the removal or amendment of information may be directed to our information officer who will ensure that your information is removed or updated on our database.
• It however, remains your responsibility to inform us of any information that must be updated or removed.

Encryption of data

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Complaints

• Any complaints that you may have about how your information has been processed by our company must be directed to our information officer.
• All complaints will be attended to within a reasonable time.
• Should any complaint not be resolved it may be referred for mediation.

Data Retention

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

• to provide you with the services you have requested.
• to comply with other law, including for the period demanded by our tax authorities.
• to support a claim or defence in court.
• Records housing Personal Information may be retained indefinitely for business, historical, statistical or research purposes which we confirm that we have used reasonable endeavours reasonably practicable possible and appropriate safeguards against the records being used for any other purposes.

Review of this privacy policy

This policy may be updated and amended from time to time. The latest version will be available on our website for you to view.

Information officer

An information officer has been appointed to act on behalf of our company. All queries and complaints may be directed to him at [email protected].

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