PRIVACY POLICY

HER wine collection (HWC) values any person’s privacy and take the protection of personal information very seriously. It will not share personal information with anyone unless it has been authorised to do so. A person can access his/her personal data at any time via the login page on the website www.herwinecollection.co.za  (NOTE: A person will need to be logged into his/her online profile in order to view the data on this page).

PERSONAL INFORMATION Includes:
certain information collected on registration; and

• optional information that a person provide to HER wine collection voluntarily.
  Excludes:
• information that has been made anonymous so that it does not identify a specific person;
• permanently de-identified information that does not relate or cannot be traced back to you specifically; and
• non-personal statistical information collected and compiled by HER wine collection and information that has been provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds or discussion board. When the information was disclosed in a public forum, it is not confidential and does not constitute personal information entitled to protection under this policy.

SECTION 1 – HOW DO HER WINE COLLECTION COLLECT INFORMATION? 

• Once a person registered on the website, he/she will no longer be anonymous as he/she provided HER wine collection with personal information.
• When a person ordered the products, he/she will be asked to provide additional information on a voluntary basis (“services information”).
• A person may also provide additional information on a voluntary basis (“optional information”). This includes content that a person chooses to upload or download from the website or when he/she enters competitions, takes advantage of promotions, or otherwise use the features and functionality of the website.
• HER wine collection automatically receives and records internet usage information on its server logs from the browser, such as the user’s Internet Protocol address (“IP address”), and the dates and times that the website was visited, paths taken, and time spent on sites and pages within the website (this is called “usage information”).
• The website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow HER wine collection to count page views and to access cookies. Any electronic image viewed can act as a web beacon. The web beacons however do not collect, monitor or share any personal information. It is used purely to compile anonymous information about our website.

HER wine collection will not collect or process any information that may be considered “high risk” information as described in section 26 of the Protection of Personal Information Act, 2013, or any information concerning a person younger than 18 years.

SECTION 2 – WHAT IS DONE WITH PERSONAL INFORMATION?

When a person purchases something from the online store, as part of the buying and selling process, personal information given by the individual is collected, information such as an individual’s name, address and email address.

When an individual browses the online store, HER wine collection also automatically receives the individual’s computer’s internet protocol (IP) address in order to provide information that helps HER wine collection learn about the browser and operating system.

HER wine collection may use any information provided for the purposes indicated by the individual when it agreed to provide same to HER wine collection. With the individual’s permission, HER wine collection may then send such individual emails about its store, new products and other updates.

SECTION 3 – CONSENT

How does HER wine collection obtain consent?

When an individual provides HER wine collection with-

• personal information when it registers onto the website
• personal information to complete a transaction, verify credit card details, place an order, arrange for a delivery or return a purchase, HER wine collection implies that the individual consents to HER wine collection collecting it and using it for that specific reason only.

If asked for personal information for a secondary reason, like marketing, HER wine collection will either ask the individual directly for its expressed consent, or provide the individual with an opportunity to decline.

How is consent withdrawn?

If after an individual opted-in, it changes its mind, it may withdraw its consent for HER wine collection to contact it, for the continued collection, use or disclosure of its information, at any time, by emailing HER wine collection at info@herwinecollection.co.za. An individual therefore always have the choice to adjust its settings or to unsubscribe at any time.

SECTION 4 – DISCLOSURE

HER wine collection will not disclose any personal information to anyone unless it is compelled or required by law to do so or if and individual violated HER wine collection’s Terms of Service.

HER wine collection will not sell personal information. No personal information will be disclosed to anyone except as provided for in this privacy policy.

HER wine collection may need to disclose personal information to its employees that require the personal information to do their jobs. All employees are however also bound by the terms of this policy.

SECTION 5 – WOOCOMMERCE

HER wine collection’s store is hosted on WooCommerce. They provide BFV with the online e-commerce platform that allows it to sell products and services to the individual.

Payment:

If an individual chose a direct payment gateway to complete its purchase, then Woocommerce   and Peach Payments temporarily stores credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). The purchase transaction data is stored only as long as is necessary to complete the particular purchase transaction. After that is complete, the purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discovery.

PCI-DSS requirements help ensure the secure handling of credit card information by the online store and its service providers.

SECTION 6 – THIRD-PARTY SERVICES

In general, the third-party providers used by HER wine collection will only collect, use and disclose personal information to the extent necessary to allow them to perform the services they provide to HER wine collection.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information HER wine collection is required to provide to them for an individual’s purchase-related transactions.

For these providers, it is recommend that their privacy policies be read to understand the manner in which personal information will be handled by these providers.

Once you leave HER wine collection’s website or are redirected to a third-party website or application, an individual is no longer governed by this Privacy Policy or the website’s Terms of Service.

Links:

When an individual clicks on links on HER wine collection’s online store, they may direct a person away from HER wine collection’s site. HER wine collection is not responsible for the privacy practices of other sites and encourage individuals to read their specific privacy statements.

Google analytics:

HER wine collection’s store uses Google Analytics to help it learn about who visits the site and what pages are being looked at.

SECTION 7 – SECURITY

To protect personal information, HER wine collection takes precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If an individual provides HER wine collection with credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, HER wine collection follows all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 8 – COOKIES

Small text files known as ‘cookies’ may be placed on an individual’s device when visiting the website. These files do not contain personal information, but they do contain a personal identifier allowing HER wine collection to associate personal information with a certain device. These files are useful for, amongst others, the following purposes:

• tailoring the website’s functionality to an individual personally by letting HER wine collection remember that individual’s preferences;
• improving how the website performs;
• allowing third parties to provide services to the website; and
• helping HER wine collection delivers targeted advertising where appropriate in compliance with applicable laws.

The internet browser in general accepts cookies automatically, but an individual can alter this setting to stop accepting them. A user can also delete cookies manually. If the browser no longer accepts cookies or by deleting them will prevent the user from accessing certain aspects of the website where cookies are necessary. 

SECTION 9 – ACCEPTANCE REQUIRED AND AGE OF CONSENT

To use HER wine collection’s website or order any of its products an individual must accept all the terms of this policy. If an individual does not agree with anything in this policy, then it may not use the website or order any of HER wine collection’s goods.

By using this site, an individual represents that he/she is at least 18 years of age, the legal drinking age in South Africa.

SECTION 10-YOUR RIGHTS

An individual shall always have the right to ask HER wine collection not to contact him/her for marketing purposes, and can do this at any time by using any of the various “opt out” or “unsubscribe” options that HER wine collection always provide you with when we send marketing or other information to an individual.

An individual shall also have the right to request access to the information HER wine collection has collected and processed about an individual and requests that HER wine collection corrects or updates any incorrect or incomplete information. An individual may at any time lodge an objection with HER wine collection regarding the collection, use and processing of personal information.

SECTION 11- COMMITMENT TO SECURITY

HER wine collection has put in place safeguards to protect personal information and to prevent loss, damage or unauthorised access to or disclosure of personal information. These security safeguards are based on generally accepted information security practices and procedures which apply to the platforms, products and services HER wine collection provides. HER wine collection regularly checks that these safeguards are correctly implemented and continually updated in response to new risks or any identified deficiencies.

SECTION 12 – CHANGES TO PRIVACY POLICY

BFV reserves the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon their posting on HER wine collection’s website. If material changes are made to this policy, HER wine collection will notify everyone on its database that it has been updated, so that all are aware of what information is collected, how it is used, and under what circumstances, if any, HER wine collection uses and/or discloses it.

QUESTIONS

If an individual would like to access; correct; amend or delete any personal information HER wine collection has about him/her, registers a complaint or simply wants more information then the Privacy Compliance Officer can be contacted at info@herwinecollection.co.za

DISCLOSURES REQUIRED BY THE ECT ACT

In as far as certain transactions on the website are classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act, 2002, HER wine collection discloses the following information in terms of Chapter VII of the ECT Act:

Full name and legal status

Adama Wines (Pty) Ltd t/a HER wine collection, a public company incorporated under the laws of the Republic of South Africa. Registration number: 2005/000913/07

Street address

Schoon Farm, Voor Paardeberg, Paarl , Western Cape, South Africa.

Postal address

PO Box 17, Wellington, 7654

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PROTECTION OF PERSONAL INFORMATION ACT, 2013 

AGREEMENT AND CONSENT DECLARATION

1. INTERPRETATION

In this Agreement, unless inconsistent with or otherwise indicated by the context

1. “This Agreement” means the Agreement contained in this document;
2. “Client” means any person, individual, entity that voluntary engages with BFV for purposes of acquiring its services, products, marketing material and other relevant material;
3. “The Company/Service provider” means Adama Wines (Pty) Ltd t/a HER wine collection (Pty) Ltd (HWC), a company registered under the laws of South Africa with Registration Number 2005/000913/07, and includes its directors and employees;
4. “personal information” means personal information as defined in the Protection of Personal Information Act, 2013;
5. ‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal or any information, including but not limited to :the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of personal information;
6. “POPIA” means the Protection of Personal Information Act, 2013.

WHEREAS IT IS AGREED THAT

1. All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered in accordance with the said regulations and only for the purpose of providing the Services that constitutes HER wine collection’s primary business as a service provider.
2. The Parties confirm as follows
3. One or more of the parties to this agreement, will possess and will continue to possess information that may be classified or maybe deemed as private, confidential or as personal information.
4. Such information may be deemed as the private, confidential or as personal information in so far as it relates to any party to this agreement.
5. Such information may also be deemed as or considered as private, confidential or as personal information of any third person who may be directly or indirectly associated with this agreement.
6. Further it is acknowledged and agreed by all parties to this agreement, that such private, confidential or as personal information may have value and such information may or may not be in the public domain.
7. All parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as irrevocably agree and acknowledge that all information provided, whether personal or otherwise, may be used and processed by HER wine collection for the purposes intended and for no other purposes whatsoever unless consented thereto by the Client or by order of a Court or a legal instrument.
8. Further it is specifically agreed that HER wine collection’s will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided.
9. It is confirmed that by submitting information to HER wine collection irrespective as to how such information is submitted, the Client consents to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this policy.

 Declaration by Client

1. It is hereby declared and confirmed by the Client that he/she do hereby irrevocably consents to and understand that any/all information supplied or given to HER wine collection, is done so in terms of the terms and conditions of this Agreement and consent declaration.
2. The Client has the right to at any time inform HER wine collection in writing that it revokes its consent in terms of this Agreement and HER wine collection will then destroy any and all personal information of the Client in its database where after such person will cease to be a client of HER wine collection.

REFUND POLICY

Here at HER wine collection, we do everything we can to make sure that you can shop with complete confidence. Not only do we ensure that all our products are of the highest possible quality, but we also take pride in providing detailed information on every wine in our online store.

Defective products

If for some reason the product we deliver to you is damaged, defective or does not match what you ordered, we will collect and refund or replace on your next wine order at no cost to you. 

General warranty:

If, within 1 month after delivery of a product to you:

• You find that the product(s) is defective/faulty, unsuitable for the purpose generally intended (or otherwise expressly indicated by HER wine collection at time of purchase), or not legal or reasonably durable (based on the circumstances and product type) (“defective”); and 
• you arrange to return such product to HER wine collection for inspection in accordance with the returns procedure in below, and the product is subsequently found to indeed be defective, you are entitled to either – 

1. be fully refunded, or (b) have the product replaced at HER wine collection’s expense.

If the product is found NOT to be defective, you will NOT be entitled to any replacement or refund, but will instead be liable for the costs incurred in having such product returned to HER wine collection’s and then redelivered to you.

When is a product defective? Please note: the following are examples of things which will NOT be regarded as defects and will NOT entitle you to any replacement or refund under the general warranty above: faults resulting from normal wear and tear; damage arising from incorrect usage of the product, misuse and abuse and not following instructions of the product.

Exclusions

You may not under any circumstances return the following: 

• Non-defective products that have been “made to order”. (You will be notified in the relevant Online Sale if the products are “made to order”.)
• Products that you or any other person has altered, consumed, incorporated, or added to where such alteration, repair, incorporation or addition has not been authorised by HER wine collection.

To notify us of an issue, please contact us by phone on +27 21 873 3170 or via email on info@herwinecollection.co.za and we will arrange a replacement.

CONTACT

For more information about our privacy practices, if you have questions, or if you would like to lodge a complaint, please contact the Information Officer, in writing, via e-mail at philip@bosmanadama.co.za

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with:

THE INFORMATION REGULATOR (SOUTH AFRICA) SITUATE AT: JD HOUSE, 27 STIEMENS STREET, BRAAMFONTEIN, JOHANNESBURG, 2001. 

COMPLAINTS: POPIAComplaints.IR@justice.gov.za

GENERAL QUERIES: inforeg@justice.gov.za