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AFI PRIVACY POLICY

This privacy policy (Privacy Policy) forms part of the E-commerce Customer Terms and the E-Commerce Designer Terms (collectively, the Website Terms) for the e-commerce platform owned and operated by African Fashion International Proprietary Limited (AFI, We, Us, Our). 

Words in this Privacy Policy have the same meaning as words defined in the Website Terms, unless the context indicates otherwise or a word is expressly defined in this Privacy Policy. Nothing in this Privacy Policy will affect Your legal rights.

This Privacy Policy explains how We process (which includes the collection, storage, use, disclosure and transfer of) Your information: (i) in respect of Your use of the Website; and (ii) as part of Our business incidental to Your use of the Website. 

By using this Website and submitting Your information to us, You agree to the processing of your information as contemplated in this Privacy Policy.

  1. Information We May Collect About You
    1. We collect and store information about You and Your use of the Website. We collect and store: (i) “personal information” as defined in the Protection of Personal Information Act, 4 of 2013 (when it comes into full force and effect), as amended or substituted from time to time (the POPI Act), which means, inter alia, information that can be used to uniquely identify or contact You; and (ii) other information (non-personal information) that does not permit direct association with You. This information is gathered in a number of ways, as set out below.
    2. You can choose not to provide us with the personal information that We may request from You. You acknowledge that Your choice not to provide Us with personal information may affect Our ability to interact with You. For example, if collecting personal information from You is required for us to provide services to you, to process orders by or to you, or by Applicable Law. We may, however, collect, process, use, disclose and transfer non-personal information for any purpose.
    3. We may process the following information about You:
      1. information relating to Your use of the Website (as a Designer or a Customer), including information that You provide when You register to use the Website (such as Your name, contact details, country and eligibility criteria) and online correspondence;
      2. information that You provide to Us that is required to order, purchase, supply and/or deliver Products;
      3. Your name and contact information that You provide to Us so that We may contact You, including for marketing purposes relating to similar goods and/or services offered by Us (unless you have opted-out of receiving marketing material from Us), and relating to other goods, services and events (if You have consented to receiving direct marketing for these purposes); 
      4. a record of correspondence if You contact Us;
      5. information that You provide when You report a problem with the Website;
      6. information that You provide when You provide feedback to Us or post reviews on the Website (such as a description of Your query, complaint or feedback on a Product); 
      7. information obtained from surveys that We may ask You to voluntarily complete from time to time, which We use for research purposes; and
      8. any other information that may be necessary: (i) to carry out actions for the conclusion or performance of a contract to which You are a party; (ii) to comply with an obligation imposed on Us by Applicable Law; (iii) to protect Your legitimate interest; or (iv) to pursue a legitimate interest of Ours or of a third party to whom the information is supplied.
    4. Internet Protocol Addresses. We may collect information about Your device and track your activity on Our Website, including (where available) Your internet protocol address, operating system and browser type, for system administration, and to report aggregate information to Our advertisers and/or service providers (including Google Analytics supplied by Google). This is statistical information about Your browsing actions and patterns, and You cannot be identified by this information.
  2. Where We Store Your Information. The information that we collect from You may be transferred to, and stored at, a destination outside of South Africa, but most of the information that we collect from You is stored by Amazon Web Services (which we understand has its servers located in Cape Town), and on our email servers (located in South Africa).By submitting Your personal information, You agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your information is treated securely, in accordance with this Privacy Policy and in accordance with the terms of the POPI Act and all Applicable Law.
  3. How We Use Your Information
    1. We use information held about You in the following ways and any other ways expressly agreed with You in writing:
      1. to enable You to order, purchase, supply and arrange delivery of Products via the Website;
      2. to ensure that Content on the Website is presented in the most effective manner for You, and for Your computer or other device;
      3. to communicate with You as set out in the Website Terms;
      4. to provide You with information about new Products, designers, promotions and other similar goods and/or services offered by Us (unless you have opted-out of receiving marketing material from Us), and relating to other goods, services and events (if You have consented to receiving direct marketing for these purposes);
      5. to determine Your general geographic location, to enforce the terms of this Privacy Policy and the Website Terms;
      6. to carry out Our obligations required to enter into contracts with You or arising from any contracts entered into between You and Us, if any, including the Website Terms;
      7. to allow You to participate in interactive features of the Website; and
      8. to notify You about changes to the Website, or to the Website Terms. 
    2. The information We collect from You may also be accessed by, transferred to and processed by Our service providers (including payment gateway service providers, couriers, cloud service providers or other infrastructure, communications, analytics and IT service providers, and other companies that provide services to Us), to provide services to Us or to assist Us with the provision of access to the Website to You and for the implementation of contracts We have concluded with You. In the course of providing such services, these service providers may have access to Your personal information. We do not authorise these service providers to use or disclose Your personal information except in connection with providing the services We request of them. 
    3. If You do not want Us to use Your information in this way, or to pass Your details on to Our service providers or third parties, please let Us know when you commence use of the Website or place an order with Us or by responding to the emails We send You. You can also exercise this right at a later time by contacting Us at hello@afiboutique.com.
    4. Disclosure of Your Information. We may disclose Your personal information if We reasonably believe that access, use, preservation or disclosure of such information is reasonably necessary to: (a) satisfy any Applicable Law, legal process, or governmental request; (b) enforce the Website Terms and other applicable terms of use and agreements with You, including investigation of potential violations thereof; (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues; or (d) protect against harm to the rights, property or safety of Us, Website users or the public, as required or permitted by Applicable Law. This includes exchanging personal information with other companies and organisations for the purposes of fraud protection and credit risk reduction. We reserve the right to transfer information in connection with any reorganisation, restructuring, merger or sale, or other transferring of assets by Us, provided that the receiving party agrees to respect Your personal information in a manner that is consistent with this Privacy Policy. 
  4. Security
    1. We take information security seriously and use reasonable administrative, technical, physical and managerial measures to ensure that Your personal information is treated securely and to protect Your personal information from unauthorised access. We will follow the requirements in section 19 of the POPI Act (when they come into full force and effect).
    2. Unfortunately, no security system can be guaranteed to be completely secure. Accordingly, although We will do Our best to protect Your personal information, We cannot guarantee the security of Your personal information transmitted to or through the Website or otherwise provided to Us by You, and any transmission is at Your own risk.  
    3. We will notify You as soon as reasonably possible where there are reasonable grounds to believe that Your personal information that is processed by Us has been accessed or acquired by any unauthorised person, subject to requirements of Applicable Law. By using the Website, You agree that We can communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Website.
    4. We will not be liable for any access to Your information that is obtained by any third party through Your failure to adequately restrict access to Your device or Your information. 
  5. Access to Information. The POPI Act (when it comes into full force and effect) gives You the right to access personal information held about You. Your right of access can be exercised by submitting an access request to Our information officer at [hello@afiboutique.com] and otherwise as provided for in Applicable Law. Any access request may be subject to a fee for meeting Our costs in providing You with details of the personal information We hold about You. 
  6. Your Right to Opt-Out of Direct Marketing. You have the right to ask Us not to process your personal information for marketing purposes. We will usually inform you (before collecting your information) if we intend to use Your personal information for marketing purposes. You can exercise Your right to opt-out by letting us know when we place an order with us, or by responding to the marketing emails We send you. You can also exercise this right at a later time by contacting Us at [hello@afiboutique.com]
  7. Contact Us. If You have questions concerning this Privacy Policy, including the information We store about You, the treatment of Your personal information, (where necessary) would like us to delete or update personal information We have stored, and/or want to know more about Our use of non-personal information, cookies and other technologies, please contact us via email at [hello@afiboutique.com]
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