Privacy Policy

1.INTRODUCTION

1.1SHiFT respect Users’ Privacy and will take reasonable measures to protect it, as more fully detailed below.

1.2SHiFT may require the User to provide SHiFT with personal information which includes but is not limited to name and surname, email address, physical address, gender, mobile number and date of birth.

1.3Should the User’s personal information change, please inform SHiFT and provide SHiFT with the updates within 7 days to enable SHiFT to update the User’s personal information.

1.4Users may choose to provide additional personal information to SHiFT, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.

1.5SHiFT asks each of its Users to abide by all applicable laws, rules and regulations, as SHiFT promise its Users that SHiFT will do ourselves.

2.USER’S CONSENT

2.1By using SHiFT and its Website and/or App, the Users consent to the transfer of the User’s personal data. Subject to the below, SHiFT will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:

2.1.1SHiFT uses that information for several purposes: to register the User’s for inclusion in our Service; to fulfil the User’s request; to contact Users if SHiFT need to obtain or provide additional information; to verify the accuracy of our records; or to contact Users regarding customer satisfaction surveys;

2.1.2in relation to the ordering, sale and delivery of Products and Services;

2.1.3to contact Users regarding current or new Products or Services or any other Products offered by SHiFT (unless Users have opted out from receiving marketing material from SHiFT);

2.1.4to inform Users of new features, special offers and promotional competitions offered by SHiFT (unless Users have opted out from receiving marketing material from SHiFT);

2.1.5to improve our Products, Services and Users selection and the User’s experience on our Website and/or App by, for example, monitoring the User’s browsing habits, or tracking the User’s sales on the Website and/or App;

2.1.6collect certain technical information, such as the browser version and operating system;

2.1.7disclose the User’s personal information to any third party other than as set out below:

2.1.7.1to our employees and/or third-party Service providers who assist SHiFT to interact with Users via our Website and/or App, or any other method, for the ordering of Products or Services and thus need to know the User’s personal information in order to assist SHiFT to communicate with Users properly and efficiently;

2.1.7.2to our Users (including their employees and/or third party Service providers) in order for them to interact directly with Users via email or any other method for purposes of delivering additional services and/or products, sending Users marketing material regarding any current or new Products or Services, new features, special offers or promotional items offered by them (unless Users have opted out from receiving marketing material from SHiFT);

2.1.7.3to law enforcement, government officials, fraud detection agencies or other third parties when SHiFT believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy;

2.1.7.4to our Service providers (under contract with SHiFT) who help with parts of our business operations (fraud prevention, marketing, technology Services etc). However, our contracts dictate that these Service providers may only use the User’s information in connection with the Services they perform for SHiFT and not for their own benefit;

2.1.7.5to our suppliers in order for them to liaise directly with Users in the event of Users submitting a warranty claim regarding any Products or Services Users have purchased which requires their involvement. From time to time SHiFT may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional information. The Users’ participation in a survey is always voluntary, and Users therefore have a choice as to whether or not to provide the requested survey information. SHiFT uses the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market.

2.1.7.6some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other Users who in turn have agreed to adhere to this Privacy Policy.

2.1.7.7SHiFT is entitled to use or disclose the User’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on SHiFT, or to protect and defend our rights or property.

2.1.7.8SHiFT will ensure that all of our employees, third party Service providers, divisions and partners (including their employees and third-party Service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information.

3.PERSONAL INFORMATION

3.1SHiFT will treat the User’s personal information as strictly confidential, save where SHiFT is entitled to share it as set out in this Policy.

3.2SHiFT will take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

3.3SHiFT will provide Users with access to the User’s personal information to view and/or update personal details.

3.4SHiFT will promptly notify Users if SHiFT become aware of any unauthorised use, disclosure or processing of the User’s personal information.

3.5SHiFT will provide Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request.

3.6SHiFT will upon the User’s request, promptly return or destroy any and all of the User’s personal information in our possession or control, save for that which SHiFT are legally obliged to retain.

3.7SHiFT will not retain the User’s personal information longer than the period for which it was originally needed, unless SHiFT is required by law to do so, or Users consent to SHiFT retaining such information for a longer period.

3.8SHiFT undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless SHiFT is compelled to do so by law. In particular, in the event of a fraudulent online payment, SHiFT is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

3.9Whilst SHiFT will do all things reasonably necessary to protect the User’s rights of Privacy, SHiFT cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

3.10If Users disclose the User’s personal information to a third party, such as an entity which operates a Website and/or App linked to this Website and/or App or anyone other than SHiFT, SHiFT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because SHiFT does not regulate or control how that third party uses the User’s personal information. The User should always ensure that it reads the Privacy Policy of any third party.

3.11The personal information from Users may be stored and processed in any country where SHiFT has facilities or where the Products from its Users originate, and by using the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country.

3.12SHiFT Website and/or App does not offer information intended to attract children. SHiFT does not knowingly solicit personal information from anyone under the age of 18.

3.13The User has the right to request a copy of the personal information we hold about the User. To do so contact us on our website. SHiFT will take all reasonable steps to confirm the User’s identity before providing personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.

3.14The User has the right to ask SHiFT to update, correct or delete the User’s personal information. The User may do this by contacting SHiFT on our website. SHiFT will take all reasonable steps to confirm the User’s identity before making changes to personal information we may hold about the User;

3.15If the User has questions about this Policy, believes SHiFT has not adhered to it, needs further information about our privacy practices, wishes to give or withdraw consent, exercises preferences, accesses or corrects personal information, contact SHiFT using our website.

4.SECURITY

4.1SHiFT uses reasonable organisational, technical and administrative measures to protect personal information under its control.

4.2If the Users has reason to believe that the User’s interaction with SHiFT is no longer secure (for example, if Users feel that the security of any account Users might have with SHiFT has been compromised), please immediately notify SHiFT of the problem on our website.

5.COOKIES

5.1This Website and/or App makes use of ‘cookies’ to automatically collect information and data through the standard operation of the Internet servers. Cookies are small text files a Website and/or App can use (and which SHiFT may use) to recognise Users, facilitate the User’s on-going access to and use of a Website and/or App and allow a Website and/or App to track usage behaviour and compile aggregate data that will allow the Website and/or App operator to improve the functionality of the Website and/or App and its content.

5.2Cookies may be used to personally identify Users. If the User does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows Users to deny or accept the cookie feature.

5.3Cookies may be necessary to provide Users with certain features available on our Website and/or App, and thus if the User disables the cookies on the User’s browser the User may not be able to use those features, and the User’s access to our Website and/or App will therefore be limited. If the User does not disable cookies, the User is deemed to consent to our use of any personal information collected using those cookies.

6.CHANGES TO THE PRIVACY POLICY

6.1SHiFT may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the User’s responsibility to regularly check the Privacy Policy and make sure that the User is satisfied with the changes. Should the User not be satisfied, the User must not place any further orders on, or in any other way use, the Website and/or App.

6.2Any such change will only apply to the User’s use of this Website and/or App after the change is displayed on the Website and/or App. If the User uses the Website and/or App after such amended Privacy Policy, the User will be deemed to have accepted such changes.

7.ELECTRONIC COMMUNICATIONS

7.1When a User visits the Website and/or App or send emails to SHiFT, the User consents to receiving communications from SHiFT or any of our Users electronically in accordance with our Privacy Policy.

8.DISCLAIMER

8.1The use of the Website and/or App is entirely at the User’s own risk and Users assume full responsibility for any risk or loss resulting from use of the Website and/or App or reliance on any information on the Website and/or App.

8.2Whilst SHiFT takes reasonable measures to ensure that the content of the Website and/or App is accurate and complete, SHiFT makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website and/or App or as to the accuracy, completeness or reliability of any information on the Website and/or App. If any such representations or warranties are made by SHiFT’s representatives, SHiFT will not be bound thereby.

8.3SHiFT disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or App and/or any content therein unless otherwise provided by law.

8.4Although Products sold from the Website and/or App by Users may, under certain specifically defined circumstances, be under warranty, the Website and/or App itself and all information provided on the Website and/or App is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

8.5Any views or statements made or expressed on the Website and/or App are not necessarily the views of SHiFT, its officers, employees and/or agents.

8.6In addition to the disclaimers contained elsewhere on the Website and/or App or in this Privacy Policy, SHiFT also makes no warranty or representation, whether express or implied, that the information or files available on the Website and/or App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the User’s computer system, computer network, hardware or software in any way. The Users accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of SHiFT, its employees, agents or authorised representatives. SHiFT thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the User’s access to or use of the Website and/or App.

9.AVAILABILITY AND TERMINATION

9.1SHiFT will use reasonable endeavors to maintain the availability of the Website and/or App, except during scheduled maintenance periods, and are entitled to discontinue providing the Website and/or App or any part thereof with or without notice to Users.

9.2SHiFT may in its sole discretion suspend and modify this Website and/or App, with or without notice to Users. You agree that SHiFT will not be liable to Users in the event that it chooses to suspend, modify or terminate this Website and/or App other than for processing any orders made by Users prior to such time, to the extent possible.

9.3If Users fail to comply with the User’s obligations under this Privacy Policy, including any incident involving payment of the price of an order for any Products from other Users, this may (in our sole discretion with or without notice to Users) lead to a suspension and/or termination of the User’s access to the Website and/or App without any prejudice to any claims for damages or otherwise that SHiFT or the other User may have against Users.

9.4SHiFT is entitled, for purposes of preventing suspected fraud and/or where it suspects that Users are abusing the Website and/or App and/or have created multiple User profiles to take advantage, to blacklist Users on its database (including suspending or terminating the User’s access to the Website and/or App), refuse to accept or process payment on any order, and/or to cancel any order concluded between Users and SHiFT, in whole or in part, on notice to Users and accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order for the SHiFT Services or through a User.

10.GOVERNING LAW AND JURISDICTION

10.1This Privacy Policy and our relationship and/or any dispute arising from or in connection with the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa.

10.2Your continued use of the Website and/or App will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Privacy Policy.

10.3In the event of any dispute arising between Users and SHiFT, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

10.4Nothing in this clause or the Privacy Policy limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA.

11.NOTICES

11.1SHiFT hereby selects the address as it reflects on its Website and/or App from time to time, as its address for the Service of all formal notices and legal processes in connection with the Privacy Policy (“legal address”). SHiFT may change this address from time to time by updating the Privacy Policy.

11.2You hereby select the physical address specified with the User’s invoice as the User’s legal address, but Users may change it to any other physical address by giving SHiFT not less than 7 days’ notice in writing.

11.3Notices must be sent either by hand, prepaid registered post or email. All notices sent –

11.3.1by hand will be deemed to have been received on the date of delivery;

11.3.2by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

11.3.3by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.

12.GENERAL

12.1Any failure on the part of Users or SHiFT to enforce any right in terms hereof will not constitute a waiver of that right.

12.2If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

12.3No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

12.4No other warranty or undertaking is valid, unless contained in this document between the parties.