SkyCafe.co.za is serious about protecting your online privacy. This Privacy Statement explains our views and practices concerning privacy, and how they may pertain to you as a user of our website.
For the purposes of this policy, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
“You” or “Your” means you as a participant in or as a user of the SkyCafe.co.za website. “We” or “Our” or “Us” means SkyCafe.co.za. “Our site” means SkyCafe.co.za.
SkyCafe.co.za (“SkyCafe” or, the “Platform”) is a business to consumer (or “B2C”) as well as a consumer to consumer (or “C2C”) platform which connects and facilitates sales and purchases between business or consumer sellers (or “Sellers”) and consumer or business buyers (or “Buyers”).
We at SkyCafe recognize the importance of privacy and confidentiality of personal information.
All information transmitted, printed or otherwise submitted to SkyCafe.co.za via this website shall be free to use for any lawful purpose as detailed herein.
If you are a registered member of the Platform, and you are from South Africa, you are contracting with SkyCafe.
If you are a registered member of the Platform and are from a place outside the Republic of South Africa you are contracting with SkyCafe.co.za.
Notwithstanding anything to the contrary in the forgoing provisions in this section, if you are a registered member of SkyCafe and you are a resident in or access and use the Platform from the Republic of South Africa, your contract is with SkyCafe.co.za. To the extent that local data protection laws apply, the data controller of your personal information is the same as your contracting entity. For contact details, please see section K. HOW TO CONTACT US below.
Table of Contents
A. COLLECTION OF INFORMATION.
– Information That You Provide to Us
– Information That We Collect Automatically
– Information That We Receive From Third Parties
B. USE OF PERSONAL DATA.
C. DISCLOSURE OF PERSONAL DATA.
E. RIGHTS REGARDING PERSONAL DATA.
H. SECURITY MEASURES
K. HOW TO CONTACT US.
A. COLLECTION OF INFORMATION
The personal information that we collect broadly falls into the following categories:
Information That You Provide To Us:
If you are a Buyer, we may ask you to provide:
· contact information including: name; address; phone number; email address;
· purchase and/or payment information including: credit card or similar payment information that you intend to purchase with; billing and delivery address;
· information about your purchases including: the goods purchased and how many;
· information about and/or to support complaints made in connection with the Platform or goods and/or services purchased via the Platform;
· ID (such as a passport) for identification verification in certain circumstances, when you apply for after-sales services.
If you are a Seller (i.e. an employee or representative of a Seller or a sole trader Seller (we’ll refer to you as a Seller)), we will ask you to provide:
· information about the Seller’s business (if applicable) including corporate registration, business licences (if applicable), tax or similar information;
· details about the goods and products that the Seller intends to sell via the Platform;
· purchase and/or payment information including bank account or other payment information that the Seller intends to be paid by.
If you are a certified blogger / influencer for SkyCafe, we may also ask you to provide us with your contact information and social media accounts / blog information.
If you choose to provide us with any additional information, such as in response to questionnaires for market research / analytics. This may include marital status, nationality, gender, date and/or year of birth, annual income, monthly spending and user preferences. If you prefer not to provide such information, the use of our services and products will not be affected.
SkyCafe.co.za contains links to other sites and we are not responsible for the privacy practices or the content of such sites.
We reserve the right to release such information to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with the law.
We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with Facebook, Google, or any of its subsidiaries or its affiliates. The name “Facebook” “Google” as well as related names, marks, emblems and images are registered trademarks.
The use in this website and/or in related promotional print or video material of trademarked names and images is strictly for editorial and descriptive purposes, and no commercial claim to their use, or suggestion of sponsorship or endorsement, is made by SkyCafe.co.za. Those words or terms that the authors and publisher have reason to believe are trademarks are designated as such by the use of initial capitalisation, where appropriate. However no attempt has been made to identify or designate all words or terms to which trademark or other proprietary rights may exist. Nothing contained herein is intended to express a judgement on, or affect the validity of legal status of, any word or term as a trademark, service mark, or other proprietary mark.
Information That We Collect Automatically:
If you are a Buyer or Seller or prospective Buyer or Seller we will automatically collect:
· A copy of any correspondence with us, including any verification information we ask for, if you contact us for any reason (such as our customer service department via chat service, telephone or email).
· Details of transactions and communications over the Platform, including the types and specifications of the goods sold and purchased, pricing and delivery information, any dispute records, communications between Buyers and Sellers over the Platform and any information disclosed in any discussion forum.
· Details of Platform buying and browsing activities, for these purposes we will automatically collect information from your device. In some countries, including countries in the European Economic Area and the UK, this information may be considered as personal information under applicable data protection laws. Specifically this collected information may include IP addresses, device type, unique device identification numbers, browser type, broad geographic location (e.g. country or city-level location), browsing patterns and details of how you have interacted with our Platform and the goods and services available on it. In addition, we gather information about the Platform and visitors to the Platform including browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors. Some of this information may be collected using cookies and similar tracking technology, as explained further under the section F “COOKIES” below. Where we are required by applicable law, we will seek your prior consent to the collection of information using cookies and similar tracking technologies.
If you are successfully certified by SkyCafe as a blogger or an influencer, we may also collect your social media account handles and posts / comments made in relation to the Platform..
Information That We Receive From Third Parties:
If you are a Buyer or Seller we may receive personal information about you from:
· Social media platforms if you choose to register for a Platform account via a social media account. Exactly what information we receive will depend on your privacy settings with the applicable platform, but would typically include basic public profile information such as:
o Your social media user name, nickname or username
o Your social media profile picture
o Company name (if applicable).
· Third parties that are engaged by us to provide verification services such as conducting suitable money laundering, fraud and “Know Your Customer” checks on Buyers and Sellers. This may include your name, email address, company details and contact information.
B. USE OF PERSONAL DATA
We collect and use your personal information for the following purposes:
· verifying Platform account registrations including conducting fraud, security, “Know Your Customer” and anti-money laundering checks in order to approve your Seller account;
· verifying your eligibility as a Platform blogger or influencer;
· setting up / administering Buyer and Seller accounts, including providing log-in IDs and setting up payment / transaction accounts;
· providing customer service support, responding to your queries, feedback and managing claims and/or disputes;
· providing/supporting general Platform services, facilitating communication between Buyers and Sellers, processing transactions and payments, assessing advance withdrawal requests from Sellers and providing logistics and delivery services;
· supporting Buyer and/or Seller clearance declarations / applications where made via the Platform;
· providing relevant membership benefits including birthday rewards, membership offers and coupons, anniversary awards, exclusive member prices;
· verifying your identity and purchases in connection with product warranty or other after-sales claims;
· assessing and monitoring account security and transaction risks of Buyers and Sellers, detecting and preventing fraud, money laundering and other security incidents;
· sending and serving tailored marketing and advertising that we believe will be of interest to you based on the ways in which you use the Platform, your browsing records, and order history;
· conducting research and analytics to ensure the security of our Platform, to improve the content and layout of the Platform, and to improve our product offerings and services;
· Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests (see section F. COOKIES below for more information).
We may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you if and where this is permitted by applicable data protection laws.
C. DISCLOSURE OR SHARING OF PERSONAL DATA
We disclose/share personal information with the following categories of recipients:
· Other Platform Buyers and/or Sellers where necessary to support purchases and communications made between you. If you are a Buyer, Sellers that you purchase from will also control, personal information about you relevant to connected with your Platform purchases and communications with them.
· our business partners (for example, in order for them to provide you with discounts or offers that may interest Buyers or prospective Buyers) where you have consented to receiving such information from them if required by applicable data protection laws;
· credit risk assessment providers to conduct risk assessment on Sellers to determine whether a Seller can be permitted to make an advance withdrawal;
· logistics partners for providing delivery services for Buyers and Sellers, including return and exchange of products, and warehousing services for Sellers;
· customs agents for customs clearances purposes where applicable to support Buyers and Sellers with international sales/purchases;
· cloud computing or other hosting service providers to provide cloud storage services;
· warranty service providers to provide product warranty services where requested by a Buyer or Seller;
· customer service support providers to provide after-sale services or other customer service support;
· risk control service providers to assess the security of Buyer and Seller accounts and transaction risks; and
· third party rating / reviewing service providers to carry out reviews of our services with customers if you choose to participate in reviewing or rating Platform products and/or services;
· To our professional advisers, law enforcement agencies, insurers, government and regulatory and other organisations where we believe it is necessary to comply with applicable laws or to exercise, establish or defend our legal rights or protect your vital interests or those of any other person; or as otherwise required or permitted by applicable laws.
· To any other person with your consent to the disclosure.
We will retain your personal information for as long as we have an ongoing legitimate business need to do so, to provide services or products to you, as required or permitted by applicable laws. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it, or if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. How long your data is kept for will also depend on how you use our website (for example if you are logged in as a member or you are visiting our website as a guest) and what the information you provide to us is used for. For example, if you are a registered member, certain data will be retained for a length of time following termination or deletion of your account, in order to comply with applicable laws or in case of disputes. In other instances, the period of retention may be determined according to your activity on the Platform or to comply with a specific arbitration period/resolve a dispute.
E. RIGHTS REGARDING PERSONAL DATA
Under applicable laws, you may have rights of access to personal information held by us and other rights such as the right:
· of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause K below;
· to rectification of Personal Information that we hold on a user’s behalf, in instances where such Personal Information is incorrect or incomplete;
· of erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;
· to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;
· to withdraw their consent at any time, if processing of Personal Information is based on consent;
· to object to processing of Personal Information, if such processing is based on legitimate interests; and
· to object to the processing of Personal Information for direct marketing purposes.
· mail your request to us at [email protected] and we will work with you to remove any of your personal data we may have.
What are cookies?
A cookie is a string of information that is sent to your browser and stored on your computer’s or mobile device’s hard drive. If you do not de-activate or erase the cookie, each time you use the same browser or device to access the Platform, our web servers will be notified of your visit to the Platform and in turn we may have knowledge of your visit and the pattern of your usage.
Cookies set by the site or app owner (in this case, SkyCafe) are called “first party cookies”. Cookies set by third parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.
Cookies are also categorized as “session cookies” (which are erased once you close the browser or shut down the device) and “persistent cookies” (which remain even after closing the browser or shutting down the device/application and which are activated each time you visit the Platform). Session cookies use encrypted data to authenticate you. Persistent cookies do not store account numbers or passwords. We use both session cookies and persistent cookies.
We use first and third party cookies for several reasons.
Some cookies are required for technical and/or security reasons in order for our Platform to operate, and we refer to these as “essential” or “strictly necessary” cookies. First party cookies are mainly served to enable basic functionality on our Platform; including web analytics cookies that help us understand how users use our web pages and how we can improve their use. For example we use essential or strictly necessary cookies to enable us to remember goods added to your shopping basket and to recognize you when you sign into your account.
We also use social media cookies. You may register for Platform membership and “share” Platform content through social media such as Facebook and Twitter. Sometimes we embed videos from websites like YouTube. These websites have their own privacy policies which govern their use of information, which you can find on the respective websites.
Essential Cookies: These cookies are strictly necessary for enabling access and use of our Platform. They provide necessary functionality to ensure the proper performance, security and functionality of our Platform. These cookies cannot be disabled.
Essential cookies cannot be disabled
Analytics Cookies: These cookies collect information in aggregate form to help us determine and understand how users interact with and use our Platform. We use this information to help us to improve and optimise our Platform and its security.
Google Analytics: (please see below for further information)
To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”
Personalisation / Advertising Cookies: These cookies are used to make advertising messages more relevant to you. They also perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”
Marketing Cookies: Marketing cookies help us to ensure that provide you with more targeted and relevant marketing. We will also use marketing cookies to evaluate the effectiveness of our marketing communications by monitoring open rate and conversions.
To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”
Social Networking Cookies: These cookies are used to enable you to share pages and content that you find interesting on our Platform through third party social networking and other websites. These cookies may also be used for advertising purposes too.
What about other tracking technologies, like web beacons?
Cookies are not the only way to recognise or track visitors to our Platform. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Platform or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Platform to another, to deliver or communicate with cookies, to understand whether you have come to our Platform from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
How can I control cookies?
You have the right to decide whether to accept or reject cookies. If you choose to set your web browser controls to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/.
Certain features of the Platform depend on cookies. Please be aware that if you choose to block cookies, you may not be able to sign in or use those features, and preferences that are dependent on cookies may be lost.
Google Analytics (More information) Our Platform uses Google Analytics, an internet analytics service provided by Google, Inc. (“Google”). Google’s cookies allow us analyze use of the Platform by telling us which pages our users are viewing, which ones are most popular, what time of day our Platform are visited, if users have previously visited our Platform, from which website users are redirected to our Platform were and the like. The data generated by the cookie about your use of the Platform will be transmitted to Google and stored by Google on servers in the United States.
The Platform uses an anonymisation tool of IP addresses so that the IP addresses are truncated within the territory of the Member States of the European Union and the other members of the agreement on the European Economic Area. The non-truncated IP address are only exceptionally transmitted to Google’s servers in the US and then truncated there.
Google uses the data on behalf of SkyCafe to evaluate your use of the Platform, to compile reports on website activity for the website operators and for other website activity and internet usage services. Google may disclose this information to third parties under the terms of the law or for further processing by third parties on behalf of Google. For more information about Google Analytics cookies, visit:
· the Google Analytics Help Centre: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.
The IP address that your browser will pass on to Google Analytics will not be associated with any other data stored by Google. Through your browser settings, you can block cookies; however, this can lead to problems with the use of some functionalities of the website. Through the add-on “Google Analytics Opt-out” you can through your current web browser opt-out to the use of Google Analytics from then on: http://tools.google.com/dlpage/gaoptout?hl=en.
More information can be found here: https://support.google.com/analytics/answer/6004245.
The Platform is intended for adults and users must be over 18 to use our Platform and we do not intend to sell any of our products or services to minors. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact [email protected] to remove the information.
H. SECURITY MEASURES
We implement appropriate technical and organisational measures to prevent unauthorized access to the Site, to maintain data accuracy and to ensure the correct use of the information we hold. Upon becoming aware of a data breach, we will notify you and the regulatory authorities in accordance with the time-scales and scope required by applicable data protection law.
For registered users of the Site, some of your information can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we use appropriate technical and organisational measures to protect the information we hold for you, we cannot guarantee the security of any information you transmit to over the internet.
Legal Basis for Data Processing
· necessary for the performance of contract between you and SkyCafe.co.za Singapore E-Commerce Private Limited (for example, to provide you with the services you request and to identify and authenticate you so you may use the Platform);
· necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement);
· necessary for our legitimate interests and not overridden by your rights; and/or where it is based on your consent.
If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Platform and services, manage our relationship with you and communicate with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our Platform and our services, undertaking marketing, or for the purposes of ensuring the security of our Platform and services and detecting or preventing illegal activities such as fraud. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.
If we ask you to provide personal information to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). In some instances, you may be required to provide us with personal information for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of our Platform.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under section K. HOW TO CONTACT US below.
K. HOW TO CONTACT US
Please make use of the contact form provided or email us at [email protected]