BY ACCESSING AND USING THIS WEBSITE, THE USER CONSENTS TO THE
PROCESSING OF THEIR PERSONAL INFORMATION BY PLANTATION SHUTTERS (PTY) LTD (Plantation
Shutters) ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF THE USER DOES NOT CONSENT, THE
USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE AND OUR SERVICES.
- Plantation Shutters collects, uses and, in some circumstances, shares the
personal information of Users in and through this website and during the
provision of services to you.
- Plantation Shutters respects the rights of Users whose personal information is
collected and used by it, including their right to protection against the
unlawful collection, retention, sharing and use of such personal information.
the information processing activities of Plantation Shutters and the manner in
which their rights are protected.
Plantation Shutters's processing activities which will remain valid for as
long as one has an active account with or is using the services of Plantation
Shutters, including the browsing of this website. Users will not be notified
separately on each occasion that Plantation Shutters processes the same personal
information in the same way over the period.
with any changes in the law, and/or pursuant to any changes to its information
processing activities or privacy practices. Such amendments will be published on
the website and will become operable from the date of such publication.
governed by the laws of the Republic of South Africa.
into the agreement between Plantation Shutters and Users.
Definitions and interpretation
- "application" means a the Plantation Shutters mobile device or
web based application;
- "consent" means any voluntary, specific and informed
expression of will in terms of which permission is given by or on behalf
of a User for the processing of their personal information;
- ‘‘direct marketing" means to approach a data subject,
either in person or by mail or electronic communication, for the direct
or indirect purpose of promoting or offering to supply any goods or
services to the data subject;
- "information officer" means Peter Kowalski.
- ‘‘operator" means an outside third party who processes
personal information for or on behalf of Plantation Shutters in terms of
a contract or mandate;
"personal information" means any information linked to a User
or information that can identify a User, including but not limited to:
- information relating to a User's gender, nationality,
ethnic or social origin age, language;
- a User's e-mail address, physical address, telephone
number, location information or online identifier;
- a User's financial information including banking details
and invoice information;
- a User's personal opinions, views or preferences;
- correspondence sent by a User which is of a private or
confidential nature; and
- the User's name if it appears with other personal
information relating to that User, or if the disclosure of their
name on its own would reveal further personal information about
- "POPI" means the Protection of Personal Information Act of
2013, including any regulations or codes of conduct promulgated under
- "PROATIA" means the Promotion of Access to Information Act 2
"process or processing" means, in relation to personal
information, any operation or activity or any set of operations, whether
or not by automatic means, including:
- the collection, receipt, recording, organisation, collation,
storage, updating or modification, retrieval, alteration,
consultation or use of that information;
- dissemination by means of transmission, distribution or making
available in any other form; or
- merging, linking, as well as restriction, degradation, erasure
or destruction of that information;
- "User" means a visitor or user of this website, or any of the
content or services associated with this website or the application; and
- "the website" means the website or any part thereof which is
accessible from www.Plantation Shutters.co.za.
- the singular includes the plural and vice versa;
- any one gender includes the other genders, as the case may be;
- an act, regulation or other law is to the version of that law in force
at the effective date of this Policy and includes any amendment or
re-enactment made to that law after the effective date of this Policy.
- When calculating any number of days for the purposes of this Policy, the first
day must be excluded and the last day of the relevant interval included, unless
the last day is not a business day, then the last day will be the next
succeeding business day.
- The word "include" means "include without limitation". Use of the word
"include" or "in particular" is for illustration or emphasis
only and where followed by specific examples must not be interpreted as limiting
the meaning of the general wording preceding it.
- A requirement that any Policy, request, demand or other communication made in
of a data message as defined in the Electronic Communications and Transactions
Act, No. 25 of 2002, and is accessible in a manner usable for subsequent
reference, provided that this policy may not be amended as such.
- Plantation Shutters will be the party who will be collecting and processing a
User's personal information and as such is designated as the
"responsible party" for the purposes of this Policy.
Plantation Shutters‘s contact details are as follows:
- Email address: email@example.com, and
- Website address: www.plantation.co.za.
- Plantation Shutters may instruct third party operators from time to time to
undertake certain processing activities relating to the User's personal
WHAT PERSONAL INFORMATION IS COLLECTED
Plantation Shutters may collect the following personal information from the
- Initials, first name, surname;
- Date of birth;
- Email address;
- Age and language preference;
- Billing information;
- Address; and
- Cellphone number.
- The supply of personal information by the User to Plantation Shutters is
voluntary and not mandatory. However, if the User refuses to supply any personal
information, certain consequences may naturally flow from such a refusal, such
as preventing Plantation Shutters from concluding or performing any contract
with the User, or preventing Plantation Shutters from complying with one or more
of its obligations in law.
- There is no applicable law which directly requires or authorises Plantation
Shutters to collect a User's personal information.
purpose/s for collection and processing of personal
- Plantation Shutters shall only collect a User's personal information for a
specific, explicitly defined and lawful purpose relating to a function or
activity of Plantation Shutters‘s business.
Such purposes may include the following:
- to enter into a contract with a User;
- to perform any obligations under a contract with a User;
- to comply with a legal obligation;
- to protect a legitimate interest of a User (unless the User has
specifically objected in writing to all or some of the processing
activities on reasonable grounds);
- to pursue its own legitimate interests or the legitimate interests of a
third party who it is sharing the information with (unless the User has
specifically objected in writing to all or some of the processing
activities on reasonable grounds);
- to process personal information for direct marketing purposes (only if
the User has opted in to receiving any direct marketing material);
- to present content to the User in the most effective way for them and
their viewing device and browser;
- to customise and display content including, but not limited to products,
articles, listings and advertisement to the User in a way that
Plantation Shutters feels may interest the User or be most beneficial to
- to send content including, but not limited to products, articles,
listings and advertisement content to the User via email or other
electronic media, where the User has consented to be contacted by
Plantation Shutters with such content;
- to enable the User to voluntarily participate in interactive features on
the website or application;
- to notify the User about changes to the website or application.
- If Plantation Shutters intends to process a User's personal information for
any other purpose not listed in clause 5.2 or which is otherwise not
automatically permitted by law, it shall ensure that it obtains the User's
written consent to do so.
- Plantation Shutters will not sell a User's personal information to any
third party without the prior written consent of the User.
collection directly from user
Plantation Shutters shall, as far as possible, always collect personal
information about a User directly from the User, except in the following
- Where personal information is collected from a public record, or from
another source if the information has already been made public by the
- where the User has given their written consent to Plantation Shutters to
collect their information from another source;
- where the collection of a User's personal information from another
source will not prejudice any of the User's legitimate interests;
- where the collection of personal information from another source is
necessary to maintain Plantation Shutters' legitimate interests or
those of any third party it intends sharing the information with;
- where the collection of personal information directly from the User
would prejudice the purpose for the collection;
- where the collection of personal information directly from the User is
not reasonably practicable in the circumstances.
- If Plantation Shutters collects personal information from a source other than
the User, it shall record in writing the details of that source, including the
full names and contact details of that source where applicable.
- The User hereby consents to Plantation Shutters requesting and obtaining credit
information pertaining to the User from any reputable credit reporting agency or
institution for the purpose of concluding any transaction for the sale of goods
or services to the User on this website.
Personal information may be collected from or supplied by the User in any of the
- during the process of registering as a member or checking out as a guest
on this website or the application;
- provided by the User as part of their profile pages on the website or
- when subscribing to a service, entering into a competition or promotion,
or participating in a survey offered on this website or the application;
- when posting a comment, review, reply or recommendation on this website
or the application;
- when requesting further services or information from Plantation
- when contacting Plantation Shutters to report a problem with the website
or the application or for any other reason;
- when completing any forms on the website or the application.
- The User may visit the website without providing any personal information.
However, the website's servers may still collect technical information
regarding the use of the website, which is aggregated for analytical purposes,
technical maintenance and for improving the content offered on the website. Such
information may include details of the User's visit, information about the
User's computer, including IP (Internet Protocol) address, operating system
and browser type, the User's location, and usage information. An individual
User will not be identified from or by this information and Plantation Shutters
is entitled to copy, distribute or otherwise use such information without
- "Cookies" are small text files transferred by a webserver to a
User's hard drive and thereafter stored on their computer. The types of
information a Cookie collects includes a User's username, the date and time
of their visits to the website, their browsing history and preferences.
- distinguish one User from another on the website;
- remember the User's last session when they return to the website;
- estimate the website's audience size and usage patterns;
- store information about the User's preferences, which allows
Plantation Shutters to customize the website and content according to
the Users individual preferences; and
- speed up searches on the website.
- The provisions of this clause are only applicable to Cookies used by Plantation
the website. Plantation Shutters cannot and does not control or access Cookies
used by third party service providers and takes no responsibility therefor.
- The User has the right and ability to either accept or decline the use of
Cookies on their computer's web browser, whether they are logged in as a
member, or simply casually visiting the website. However, declining the use of
Cookies may limit a User's access to certain features on the website.
GENERAL CONDITIONS FOR PROCESSING PERSONAL
- Plantation Shutters shall comply with all laws, contracts or regulations when it
processes a User's personal information.
- Plantation Shutters shall not act unreasonably when processing a User's
personal information. This means that it will collect and process a User's
personal information in a way that the User can reasonably expect and in a way
that is fair.
- Plantation Shutters shall respect the User's right to privacy at all times.
If there is another way in which it can achieve the same goal without posing any
risk of harm to the privacy rights of the User, then it will choose that option.
- Similarly, if Plantation Shutters needs to process personal information but
there are less privacy-invasive methods of collecting, using and sharing that
information, then it will use those methods.
- Plantation Shutters shall ensure that the personal information that is collected
and processed is and remains relevant to the identified purpose/s for such
processing, and that such information is and remains adequate, but not
excessive, for achieving the identified purpose/s.
- If there are any alternative ways to achieve the identified purpose/s without
processing personal information, Plantation Shutters shall not process that
- Plantation Shutters shall ensure that the processing activities it chooses to
apply are proportionate to achieving the identified purpose/s and that no less
privacy invasive measures are available to achieve the same purpose/s.
- Plantation Shutters shall ensure that, regardless of the stated purpose/s for
processing personal information, the rights and interests of Users will not be
unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in
such cases, it shall ensure that its own rights and/or interests justify such
prejudice or infringement taking place.
- Once Plantation Shutters has achieved the purpose for the collection of the
User's personal information, it will destroy or delete such information,
unless the User has directed otherwise in writing, or Plantation Shutters is
required by law to retain the information for a longer period of time.
- If Plantation Shutters no longer needs to process personal information to
achieve the purpose originally specified, it will stop using that information.
DISCLOSURE AND SHARING OF PERSONAL
- Plantation Shutters may, in the course of providing any content or services on
this website, or for the purposes of concluding or performing any sale or other
transaction with a User, share certain personal information with third party
operators who perform certain processing activities on behalf of Plantation
- The information shared and the categories of third party operators with whom it
is shared will always be notified to you prior to being shared.
- Plantation Shutters may also share aggregated information about Users of this
website and their usage patterns. Plantation Shutters may also use such
aggregated information to help advertisers target specific audiences. Such
aggregated information will be de-identified and the User's personal
information will not be disclosed.
- Other than as stated in clause 9.1 and 9.3, Plantation Shutters shall not share
a User's personal information with any third parties unless it has the
User's express consent to do so.
USER'S RIGHTS IN RELATION TO THE PROCESSING OF
Users shall have the following rights in relation to the processing of their
- to access and correct any personal information held by Plantation
Shutters about them;
- to object to the processing of their information; and
- to lodge a complaint with the Information Regulator.
- Users may make a request in terms of clause 10.1.1 by following the process for
making such a request as set out in Plantation Shutters's PAIA manual.
Plantation Shutters shall not process a User's personal information for any
purpose not previously specified except in the following circumstances:
- where the User has consented to such further processing;
- where the further processing is necessary for the exercise of any
contractual rights or the fulfillment of any obligations between
Plantation Shutters and the User;
- where the further processing activities are linked to or compatible with
the original purpose;
- where the further processing is necessary for the prevention, detection,
investigation, prosecution and punishment of an offence;
- where the further processing is necessary to enforce any law;
- where the further processing is necessary for the conduct of legal
proceedings in any court or tribunal that have commenced or are
- where the further processing is necessary to prevent or mitigate a
serious and imminent threat to the life or health of the User or another
- where the further processing is necessary for historical, statistical or
- Plantation Shutters shall ensure that if it intends processing personal
information for other purposes not previously specified, it shall notify the
User of such further purposes and the possible consequences of the intended
further processing for the User.
Accuracy, correctness and completeness of personal
- Plantation Shutters shall take reasonably practicable steps to ensure that the
personal information kept by it about Users is complete, accurate, not
misleading and is updated when necessary.
- However, if a User is aware of any personal information in Plantation
Shutters's custody that is incorrect, inaccurate or which needs to be
updated, the User must make a written request to Plantation Shutters's
information officer at to firstname.lastname@example.org update or
correct the relevant information.
- If a User has contested the accuracy of any personal information being used by
Plantation Shutters, it shall immediately stop using that information until its
accuracy has been verified.
- Plantation Shutters reserves its right to only adhere to a request from a User
in terms of clause 12.2 if the correction or updating of that information will
result in the personal information being correct and accurate.
- Where personal information that has been shared by Plantation Shutters with a
third party is subsequently updated or corrected, Plantation Shutters shall
ensure that all third parties, with whom that information was shared, receives
the updated and/or corrected version of the information as soon as it has been
updated and/or corrected.
- Plantation Shutters is committed to protecting the personal information in its
custody against any loss of, damage to or unauthorised destruction of that
information, and to prevent any unauthorised parties from accessing that
- Plantation Shutters takes steps to continually identify and document any risks
to the personal information it has in its possession or under its control and
that appropriate security safeguards are in place against those risks.
Plantation Shutters shall ensure that in any contracts entered into with third
party operators who process personal information on Plantation Shutters'
behalf, include the following obligations:
- the operator shall not process any personal information without
Plantation Shutters' knowledge and authority;
- the operator shall treat all personal information given to it as
confidential and shall not disclose it to any unauthorised third
- the operator shall establish and maintain adequate security measures
which are the same or offer similar protection over the personal
information as that employed by Plantation Shutters;
- the operator shall notify Plantation Shutters immediately where there
are reasonable grounds to believe that any personal information has been
leaked to or accessed by any unauthorised person;
- if the operator is situated in another country, it must comply with the
data protection laws in that country and be able to provide verification
that it is so compliant;
- if an operator is legally obliged to disclose any personal information
processed by them on Plantation Shutters' behalf to other parties,
it must notify Plantation Shutters beforehand to enable Plantation
Shutters and/or individual Users to protect their rights if necessary.
- Users must maintain the secrecy of any passwords used to gain access to this
website and should change such passwords regularly.
- Plantation Shutters shall ensure that all personal information on its systems is
properly backed-up and that back-up copies are stored separately from the live
NOTIFICATION OF BREACH OF SECURITY
- If personal information about a User is inadvertently leaked or Plantation
Shutters' security has been unlawfully breached by any unauthorised party,
Plantation Shutters shall immediately identify the relevant Users who may be
affected by the security breach, and shall contact them at their last known
email address or contact details or by the quickest means possible.
- Plantation Shutters shall provide sufficient information to the User to allow
him or her to take the necessary protective measures against the potential
consequences of the compromise, or shall advise Users of the steps to be taken
by them and the possible consequences that may ensue from the breach for them.
Decisions based on personal information
- If Plantation Shutters is required to make a decision about a User using any
personal information that has been obtained, it shall ensure that a record of
such information and the decision made is kept for a reasonable period of time
to give the User an opportunity to request access to that record.
- Plantation Shutters shall allow a User a reasonable opportunity to make
representations before any decision is made solely on the basis of the personal
information processed, if that decision will affect the legal position of the
User, or will otherwise adversely affect them in some manner or form.
- Plantation Shutters shall always ensure that the underlying logic behind any
decision made pursuant to the automated processing of personal information is
sound and that this underlying logic can be communicated to the User to enable
them to make representations.
- If Plantation Shutters has made a decisions based on incorrect personal
information, it shall immediately revisit that decision as soon as it receive
Policy or becomes aware of the error or inaccuracy of that information.
Linked third party websites
- This website may contain links or references to other websites, including those
of advertisers ("
third party websites") which are not under Plantation
and Plantation Shutters shall not responsible for the information processing
practices and/or privacy policies of those third party websites, or the cookies
that those websites may use.
- The User hereby consents to the processing of their personal information for the
purpose of direct marketing by means of electronic communications including
automatic calling machines, facsimile machines, SMS's or electronic mail.
- Plantation Shutters will only send electronic communications to the User for the
purpose of marketing similar products or services offered by Plantation
Shutters, with the User's consent.
- The User may object, free of charge, and without unnecessary formality, to the
use of their details either when the information was first collected from them
or when each subsequent electronic communication is sent to them by Plantation
- The User can opt out of receiving further marketing communications by
un-checking certain boxes on the forms used on the website to collect their
personal information, or by contacting Plantation Shutters at sales@Plantation
Children's personal information
Plantation Shutters shall not process any personal information relating to
a person under the age of 18 years unless it has obtained consent from that
person's parent or legal guardian. If this website is being accessed by the
parent or guardian of a child under the age of 18 years, and personal information
pertaining to that child is being provided by the parent or guardian, then they
hereby expressly consent to Plantation Shutters processing such information
cross border Transfers of personal
Plantation Shutters may transfer personal information to another country in the
- the transfer is necessary for the performance of a contract that
Plantation Shutters has with the User;
- the transfer is necessary for the conclusion or performance of a
contract with a third party which is for the benefit of or in the
interest of the User;
- the transfer is otherwise for the benefit of the User; or
- the User has consented to the transfer of their information.
- If Plantation Shutters is required to transfer personal information from South
Africa to a third party in a foreign country, it shall ensure that the third
party is subject to a law, binding code of conduct or contract which effectively
upholds principles for the reasonable processing of personal information which
are substantially similar to the data protection offered in the Republic of
Retention of information
Plantation Shutters will keep a record of any personal information collected for
no longer than is necessary to achieve the specific purpose for which it
collected such information in the first place unless:
- It is required by law to keep a record of such information for a longer
period of time; or
- It needs to keep a record of such information for another lawful
- It has a contractual obligation to keep a record of such information; or
- The User has consented to their information being kept for a longer
- Plantation Shutters may, if it has de-identified personal information, kept such
information for historical, statistical or research purposes. Plantation
Shutters shall ensure that appropriate safeguards are in place to prevent those
records from being used for any other purposes, or against the information being
Returning, destroying or deleting personal
Where Plantation Shutters is no longer authorised to retain a record of any
personal information, it shall either:
- ensure that the information is permanently destroyed or deleted as soon
as reasonably practicable; or
- return the information to the User or transfer it to a third party, if
requested by the User in writing to do so.
- The User hereby consents to the processing of their personal information in
The User acknowledges and agrees that such consent has been given voluntarily
particular, regarding the following:
- the types of personal information to be processed;
- the specific processing activities to be undertaken;
- the specific purpose/s for such processing; and
- the possible consequences for the User that may arise from such
- Should a User wish to withdraw any consent previously given by the User, they
must notify Plantation Shutters' information officer in writing.
LODGING AN OBJECTION
- A User may, on reasonable grounds, object to the processing of their personal
information at any time after that processing has started.
- If a User wishes to object to the processing of their personal information, they
must send written Policy of their objection to Plantation Shutters'
information officer, together with their reasons for doing so.
Choice of Law
the Republic of South Africa.
- Plantation Shutters reserves the right to change, update, add, remove and/or
changes, updates, additions, removals or amendments will become effective from
the date of their publication on this website.
- It is the User's obligation to periodically check the provisions of this Privacy
Policy for any such changes, updates, additions, removals or amendments.
- The User's continued use of this website following any changes, updates,
For more information on your rights to privacy over your information, or the
information processing activities of Plantation Shutters, please do not hesitate to contact
us directly on email@example.com.
Date of last update: 02 April 2019