PRIVACY STATEMENT

This privacy policy relates only to Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd.’s website at www.berryworld.com. Links to external web sites are not covered by this policy.

We at Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. are committed to protecting and respecting your privacy. This policy sets out the basis on which any personal information we collect will be processed by us. Please read this privacy policy carefully to understand our views and practices and your rights regarding your personal information. By visiting any of our websites (our site) you are accepting and consenting to the practices described in this policy.

For the purpose of the data protection legislation, the Responsible Party is Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd., domiciled at PG Junction, Vredenburg Road, Stellenbosch, 7600.

DATA PROTECTION PRINCIPLES

We comply with data protection laws and principles, which means that your personal information will be:

• Used lawfully, fairly and in a transparent way.
• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
• Relevant to the purposes we have told you about and limited only to those purposes.
• Accurate and kept up to date.
• Kept only as long as necessary for the purposes we have told you about.
• Kept securely.

What information do we collect from you?

We will collect and process the following information about you:

• Information you give us. This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, email or otherwise. The information you give us may include your name, surname, identification numbers, age, marital status, health, addresses, email addresses, telephone numbers, or account numbers.
• Information we collect from your use of our site. Information we collect from your use of the site. We will use this information for the following purposes:

• To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

• During each of your visits to our site we will automatically collect the following information:

• Technical information, such as the Internet protocol (IP) address used to connect your device to the Internet, whereabouts you connected to our service, your internet service provider (ISP), and what type of device you are using to access our service.

• The phone number used to call us.

• A recording of all inbound and outbound calls.

Why do we collect this information?

We use this information in the following ways:

• Information you give to us. We use this information:
• To improve our service to you, to ensure that content from our site is presented in the most effective manner for you and for your device.
• To deal with any legal queries relating to your use of our service.
• To provide you with service communications so that you receive a full and functional service and so we can perform our obligations to you. These may be sent by email, post or, if the circumstances require it, we may contact you by phone. These will include notifications about changes to our service.
• In our (and associated third party’s) legitimate business interest, including:
• Keeping customer up to date with goods and services.
• Increasing the awareness of us (and associated third party’s) within the market.
• Making promotional offers.
• Generating new business.
• Building and maintaining loyalty or market share.
• Information we collect from your use of the site. We will use this information for the following purposes:
• To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• To improve our site to ensure that content is presented in the most effective manner for you and for your device.
• As part of our efforts to keep our site safe and secure.
• To measure or understand the effectiveness of advertising we serve to you and others.
• Information we collect throughout our relationship. We will use this information to help us provide you with our services or our employment.
• Information we receive from other sources. See the ‘Who might we share your information with?’ section below for details of how we use information in conjunction with our associated third parties.

How long do we keep hold of your information?

We will keep information about you for a maximum of 6 years after the end of our relationship with you unless obligations with the Information Regulator or associated statutory provisions require otherwise, or we are required to remove such information from our records.

Who might we share your information with?

You agree that for the purposes set out in the ‘Why do we collect this information?’ section above, we have the right to share your personal information with the following selected third parties under conditions compliant with the minimum relevant statutory requirements:

• Selected associated third parties, some of whom we appoint to provide services, including:
• Business partners, subsidiaries, affiliates, suppliers, and sub-contractors for the performance of any contract we enter with you.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site.
• Customer survey providers to receive feedback and improve our services.
• Any member of our group, which means our subsidiaries.
• Additionally, we will disclose your personal information to the relevant third party:
• If we sell or buy any business or assets, in which case we will disclose your personal information to the prospective seller or buyer of such business or assets.
• If we are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal information to comply with any legal obligation, or to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our customers, our regulator, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and prevention of money laundering and credit risk reduction.

How is your personal information stored and kept secure?

At Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. we take your safety and security very seriously and we are committed to protecting your personal information. All information kept by us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain systems, you are responsible for keeping this password confidential and changing it when prompted to do so. We ask you not to share a password with anyone; doing so could put personal and business information at risk.

Paper copies containing personal information will be kept in a locked filing cabinet and shredded/destroyed at the end of the appropriate retention period or scanned in and immediately shredded/destroyed.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We may transfer your personal information across South African borders. We will only do so if adequate protection measures are in place in compliance with relevant data protection legislation. We use the following protection measures:

• Transferring to countries approved by the European Commission.
• Implementing the relevant Data Processing Agreements or Memorandums of Agreements with relevant third parties, depending on whether they are operators or responsible parties.
• Requiring companies, we transfer data to, to be signed up to the relevant certification e.g., Privacy Shield for the USA, where relevant.

You are entitled to request the identity of third parties which have received and/or processed your personal information for the purposes agreed to.

Where processing of your personal information is based on consent, you can withdraw that consent at any time.

Consent and permission to process personal information

Through reading this statement you are explicitly requested to resolve whether you consent to Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. processing your personal information by responding to the consent request addressed to you. Should you not consent to Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. processing your personal information, the consent request allows for the data subject to opt out. Should you not respond, your consent for Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. to process your personal information is implied. Should you choose to opt out from Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. processing your personal information, you understand that withholding consent or failure to disclose personal information will result in Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. being unable to perform its functions and/or any services or benefits you may require from us. You also indemnify and hold Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. harmless in respect of any claims against Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. by any other person on whose behalf you have consented should they claim that you were not so authorized. You furthermore understand that in terms of the POPI Act and other laws of the country, there are instances where your express consent is not necessary to permit the processing of personal information, which may be necessary for the establishment, exercise, or defence of a right or obligation in law, or related to police investigations, litigation or when personal information is publicly available. You will not hold Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. responsible for any improper or unauthorized use of personal information that is beyond its reasonable control.

What are your rights?

You have the following rights. You can exercise these rights at any time by contacting us at hello@berryworld.com or through the “Contact Us” section of our Sites. You may withdraw consent to the processing of personal information about you in your capacity as data subject at any time, and should you wish to do so, you must provide Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. with reasonable notice to this effect. Please note that withdrawal of consent is still subject to the terms and conditions of any contract that is in place between yourself and Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd.. Should the withdrawal of consent result in the interference of legal obligations, then such withdrawal will only be effective if Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. agrees to same in writing. Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. specifically draws to your attention the fact that the withdrawal of consent may result in it being unable to provide the requested information and/or products and/or medical services and/or other benefits. Further, please note that the revocation of consent is not retroactive and will not affect disclosures of personal information that have already been made. To withdraw consent, please contact the Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. Information Officer at hello@berryworld.com

Where personal information about you in your capacity as data subject has changed in any respect, you are encouraged to notify Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. so that its records may be updated. Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. will largely rely on you to ensure that personal information is correct and accurate.

You have the right to access your personal information that Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd. may have in its possession. Please note however, that any request in this regard may be declined if:

• The information comes under legal privilege during litigation.
• The disclosure of personal information in the form that it is processed may result in the disclosure of confidential information.
• Giving access may cause a third party to refuse to provide similar information to Berryworld SA (Pty) Ltd. and Berryworld Local (Pty) Ltd..
• The information as it is disclosed may result in the disclosure of another person’s information.
• The information contains an opinion about another person and that person has not consented.
• The disclosure is prohibited by law.

Should you have any issues, concerns, or problems in relation to your personal information, or wish to notify us of information, which is inaccurate, please let us know by contacting us using the contact details above. If you are not satisfied with our processing of your personal information, you have the right to lodge a complaint with the relevant supervisory authority, which is the Information Regulator in South Africa, at any time. The Information Regulator’s contact details are available here: https://www.justice.gov.za/inforeg/contact.html

Changes to our privacy policy

This policy may be updated from time to time. Please check back frequently to see any updates or changes to our privacy policy.

Cookies

We use cookies to distinguish you from other users of the Sites. This helps us to provide you with a good experience when you use the Sites and allows us to improve the Site.