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PRIVACY POLICY Linked Ink

PRIVACY POLICY

  1. Introduction

1.1 Linked Ink is a private company bearing the registration number K2018110120 which operates the mobile application named “Linked Ink” (hereinafter referred to as “the App”)

1.2 Linked Ink respects and protects that privacy interests, rights and personal information of visitors to and users of the App in terms of the Privacy Policy detailed hereunder.

1.3 The Privacy Policy must be read thoroughly to fully understand the way in which Linked Ink intends to treat your personal details.

1.4 This Privacy Policy has been developed by our team of legal experts to acknowledge the importance of and assist in providing a framework for, the appropriate level of protection for the protection of the consumer identification, collection, harbouring, utilizing, distribution, merging, collating, disclosing and protection of your personal details and represents our commitment to compliance with the data protection legislation of the Republic of South Africa which includes the Protection of Personal Information (“POPI”), the Electronic Transactions and Communications Act (“ECTA”), the Consumer Protection Act (“CPA”) and any other relevant privacy legislation.

1.5 This Privacy Policy will be governed by and construed and interpreted in accordance with all applicable laws of the Republic of South Africa.

1.6 Words, phrases and expressions which are used in this Privacy Policy will have the definitions given to them in the terms, unless stated otherwise.

  1. Acceptance of the Privacy Policy

2.1 By submitting your details on the App or any other Linked Ink communication platform, both existing or which may come into existence in the future, you tacitly agree to the terms of the Privacy Policy and updates thereto and consent to the use and disclosure of your personal details in the manner described herein.

2.2 You agree that You will check the Privacy Policy from time to time. By continuing to access and/or use the App or any other communication platform after changes are made to this Privacy Policy, you agree to be bound by the revised Privacy Policy. If you do not agree to the new terms of the Privacy Policy, please stop using the Linked Ink platforms.

  1. Personal Details
    “Personal details” refers to any information that identifies or relates specifically to you, including, for example, your name, age and identity number, your contact address, your location, your banking details, your identification number and contact numbers.
  2. Personal Information collected by Linked Ink

4.1. The following Personal Details are collected by or on behalf of Linked Ink from you, the documentation requested by us from you or from information about You that is publicly available as well as from third parties from whom Linked Ink is authorised to collect the personal information or which, by law, we are authorised to collect.

4.1.1. Information that you provide to Linked Ink.

4.1.1.1. When You register and create or update your account on the App, you are required to provide Linked Ink with personal information which includes but is not limited to Your name and surname, email address, mobile number, login name and password, physical address, payment or banking information, identification numbers, birth date and delivery information.

4.1.1.2. Information given when you complete surveys sent to you by or on behalf of Linked Ink.

4.1.2. Information created when you use our sites or services.

4.1.2.1. Location information – depending on the Linked Ink services that you use, and your app settings or device permissions, Linked Ink may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi.

4.1.2.2. Transaction information – Linked Ink collects transaction details relating to your order.

4.1.2.3. Information from referring websites/applications.

4.1.3. Information from other sources

Information from Partner Retailers, Delivery Agents and payment processors, marketing service providers, third party business partners and relevant governmental departments.

4.1.4. Additional Data Collection

4.1.4.1. Linked Ink may collect information about your device including, where available, your IP address, operating system and browser type – for system administration and to report aggregate information to our advertising partners which allow Linked Ink to have a better understanding of our customer requirements and/or preferences by using cookies to track users as they travel from website to website recording what commercial advertisements they view and select while browsing.

4.1.4.2. This is statistical data about browsing actions and patterns does not identify any individual. We may also obtain information about Your general internet usage by using a cookie file which is stored on the hard drive of Your computer. Cookies enable us to improve our service to you, estimate our customer base and usage patterns, store information about your preferences and recognize You when You return to our sites.

4.2. Linked Ink may combine information collected from these sources with other information in its possession.

4.3. Should Your personal information change, please inform Linked Ink and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

4.4. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

  1. What We Use Your Personal Information for (Purpose)

5.1. You agree that We may process your personal information for the following purposes:

5.1.1. to facilitate the ordering, sale, delivery of and payment for goods;

5.1.2. to create and update Your account;

5.1.3. to verify your identity;

5.1.4. to improve our product selection and your experience on the App by, for example, monitoring Your browsing habits, or tracking your sales on the Sites;

5.1.5. to enable transportation and delivery of your purchases;

5.1.6. to enable Linked Ink to process or facilitate payments;

5.1.7. to contact you in case of an order query, a delivery arrival/concern, for any feedback on payment issues and the like;

5.1.8. to improve your experience on the Sites and Services to ensure content is customised and displayed according to your preferences;

5.1.9. to perform internal operations necessary to provide our services, including troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends;

5.1.10. to facilitate customer support;

5.1.11. to enable communications between our users and our Partner Retailers and Delivery Agents. For example, a Delivery Agent or Partner Retailers may text or call a User to confirm a delivery address or ask for additional directions;

5.1.12. to communicate with you about goods, services, promotions, surveys, news, updates and events available from Partner Retailers or other related business partners;

5.1.13. to promote competitions, to fulfill any rewards programmes, and to advertise content about our Services and or Goods or those of our Partner Retailers and other business partners, by way of email, newsletter App banners or SMS;

5.1.14. to confirm order details;

5.1.15. to facilitate processing of payments;

5.1.16. to investigate or address claims or disputes relating to your use of our sites and services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and regulatory;

5.1.17. to create aggregated and statistical data which will not identify you but which will assist us and our business partners, including manufacturers and brand owners of goods to understand consumer behavior in the market.

5.2. If such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Us, or to protect and defend Our rights as a company. In the event of a fraudulent online payment, Linked Ink is entitled to disclose the relevant personal details for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of Linked Ink.

  1. Who your personal details are shared with:

6.1. You agree that Linked Ink may disclose your personal information to the following persons:

6.1.1. to our employees and/or third party service providers, Delivery Agents and payment processors (including their employees and/or third party service providers), to process use of the Services by you properly and efficiently and in order for them to interact directly with You via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving such marketing material);

6.1.2. to law enforcement, government officials, fraud detection agencies or other third parties when We believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of the Terms;

6.1.3. to our service providers (under contract with Us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). Our contracts dictate that these service providers may only use Your Personal Information in connection with the services they perform for Us and not for their own benefit;

6.1.4. to our Partner Retailers in order for them to liaise directly with you regarding any faulty goods you have purchased which requires their involvement;

6.1.5. to third party service providers for services such as payment processing, website hosting, data analysis, infrastructure provision, IT services, customer service, e-mail delivery services, and other similar services, to enable them to provide services;

6.1.6. to third parties’ sponsors of promotions (irrespective of whether such promotions are hosted by Us), or otherwise in accordance with the rules applicable to such promotions. You should carefully review the rules, if any, of each promotion in which You choose to participate, as they may contain additional important information about Our, a sponsor’s and/or other third parties’ use of Your personal information;

6.1.7. to third party business partners like manufacturers and brand owners (in which case we will have agreements in place to secure the confidentiality of your personal details); and

6.1.8. to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any insolvency and/or similar proceedings).

6.1.9. to the general public when You provide a rating or review of service received, you consent to Linked Ink using that rating / review as we may deem fit, including without limitation on the Sites, in newsletters or other marketing material. The name that will appear next to that review will be Your first name, as You would have provided upon registration. We will not display Your surname, nor any of Your contact details, with a rating or a review.

6.1.10. any person other than as described herein if Linked Ink notifies you and you consent to the sharing.

6.2. Linked Ink will ensure that all of our employees, Delivery Agents, third party service providers, divisions, affiliates and third party business partners (including their employees and third party service providers) having access to Your personal information are bound by appropriate and legally binding obligations in relation to the confidentiality and security of Your Personal Information and are restricted in their processing thereof as per this privacy policy.

  1. How We hold personal information securely

7.1. We will treat Your personal information as strictly confidential, save where We are entitled to share it as set out in this privacy policy.

7.2. In all circumstances the information is held by Linked Ink on Our secure systems. We take all reasonable and appropriate technical and organisational steps to ensure that Your personal information is kept secure and is protected against unauthorised or unlawful processing, misuse, unauthorised disclosure, loss, interference, destruction or damage, alteration, disclosure or access.

7.3. Our security systems are in line with industry standards and We monitor developments to ensure that Our security systems evolve, as required. We also test our systems regularly.

7.4. Personal information is destroyed or anonymised when no longer needed or when We are no longer required by law to retain it (whichever is the later).

7.5. Linked Ink undertakes to promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.

7.6. Linked Ink may store your personal information with the web-hosting service provider appointed by Us from time to time. The storage may be in South Africa or in another country.

7.7. Where storage is in another country, your personal information will be stored in a jurisdiction that has equivalent, or better, data protection legislation than South Africa or with a service provider which is subject to an agreement requiring it to observe data protection requirements equivalent to or better than those applicable in South Africa.

7.8. Notwithstanding the above, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send Us sensitive information through email.

  1. Access to your personal information

8.1. You may at any time request:

8.1.1. confirmation that We hold Your personal information;

8.1.2. access to Your personal information to view and/or update personal details;

8.1.3. the identities or categories of third parties to whom we have disclosed your personal information; or

8.1.4. that we correct or delete any personal information that is incomplete, misleading, inaccurate, excessive or out of date

8.2. Requests may be made in writing to [email protected]

  1. Disclaimer and Indemnity

9.1. Whilst We will do all things reasonably necessary to protect Your rights of privacy, Linked Ink cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your 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 or non-compliance with applicable laws.

9.2. If You disclose your personal information to a third party, such as an entity which operates a website or mobile application linked to the Sites or anyone other than Linked Ink, Linked Ink SHALL 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 we do not regulate or control how that third party uses Your personal information. You should always ensure that You read the privacy policy of any third party.

  1. Age Restriction

10.1. The App and any other Linked Ink communication platforms are not directed to and/or intended for use by individuals under the age of eighteen (18), and We request that such individuals not use the Sites and/or the app and not provide personal information through the App.

10.2. Persons under the age of 18 are not allowed to register for the Service, or use the App in anyway.

10.3. If a user attempts to register and inputs a birthdate validating them younger than 18 years of age, their personal information is not stored and they are directed off the platform.