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THIS PRIVACY POLICY (“PRIVACY POLICY”) OF FUTURE INDEFINITE INVESTMENTS 180 (PTY) LTD (“THE COMPANY, “WE”, “US” OR “OUR”), APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION AND, IN SOME INSTANCES, SPECIAL PERSONAL INFORMATION.
PLEASE READ THIS PRIVACY POLICY CAREFULLY
1.1 Introduction and scope
1.1.1
The Company is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.
1.1.2
We have appointed an Information Officer who is responsible for overseeing compliance in relation to the Privacy Policy. You may contact our Information Officer at [email protected].
1.1.3
This Privacy Policy describes how we will treat your Personal Information, whether provided by you to us, or collected by us through other means when you engage with us in the course of our business activities.
1.1.4
This Privacy Policy must be read together with any other documents or agreements between you and the Company (the “Agreements”) that describe the manner in which we, in specific circumstances, collect or process Personal Information about you. This Privacy Policy supplements such Agreements but does not supersede them.
1.2 Definitions
1.2.1
“Personal Information” means the information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including inter alia, race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person, as well as the name of the person, his or her ID number, personal opinions, or views, letters from or about that person, letters from or about that person that contain confidential information and biometric information as defined in the Protection of Personal Information Act 4 of 2013 (“POPI Act”). This also includes “Personal Data” as defined by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”);
1.2.2
“Responsible Party” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information. This also includes “Controller” as defined by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”);
1.2.3
“Special Personal Information” means Personal Information regarding a data subject’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject, or the criminal behaviour of a data subject. This also includes “Special Categories of Personal Data” as defined by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”).
1.3 Justification Grounds for the Processing of your Personal Information
1.3.1
The Company is a Responsible Party in respect of your Personal Information and Special Personal Information.
1.3.2
We may collect, get, receive, record, organize, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information (and “process” has a corresponding meaning).
1.3.3
In some cases of Processing, consent must be given by you in order for the Company to process your Personal Information or Special Personal Information. Any consent given will remain in place for any current agreements or subsequent agreements entered into between the parties.
1.3.4
In cases where we rely on your consent to process your Personal Information you may withdraw your consent. If you withdraw your consent from the Company Processing your Personal Information in terms of this Privacy Policy, please inform us that you do not consent. Depending on the type of Personal Information for which you withdraw your consent, we may not be able to render any services to you, and the Company cannot be held liable for its inability to render such services. This withdrawal will not retrospectively apply to the Processing of Personal Information and Special Personal Information which has already been undertaken by the Company for lawful purposes.
1.3.5
We may, where permitted or required to do so by applicable law, process your Personal Information without your consent, knowledge or permission, if sufficient grounds of justification are present, and we will do so in accordance with the further provisions of this Privacy Policy.
1.3.6
If you are a European Union citizen, the GDPR applies to the processing of your Personal Information. Our legal basis for the processing of your Personal Information is set out in Annexure “A” to this Privacy Policy.
2.1
This Privacy Policy applies to the processing by the Company, or on our behalf, and our successors- in-title, of the Personal Information relating to you, including but not limited to, where you engage with us in the course of our business activities, whether as a customer, supplier, service provider, investor, business partner, director, shareholder, former employee, prospective employee, current employee or any other data subject that engages with the Company.
3.1
We hereby notify you that during your interactions with the Company, we will collect certain Personal Information about you. We may process various types of Personal Information about you, as follows:
3.1.1
Identity Information, which includes information concerning your name, , marital status, title, occupation, interests, date of birth, age, gender, disability, health or wellbeing, physical or mental health, pregnancy, race and legal status, nationality, ethnic or social origin, colour, sexual orientation, religion, conscience, belief, culture, language as well as copies of your identity documents, photographs, identity number, registration number and your qualifications;
3.1.2
Contact Information, which includes your billing addresses, delivery addresses, e-mail addresses, telephone numbers and correspondence addresses used in relation to property transactions or investment agreements;
3.1.3
Financial Information, which includes bank account details, insurance information, financial statements, tax clearance certificates and VAT registration numbers and other information necessary for property acquisitions, disposals, or investment administration;
3.1.4
Transaction Information, which includes details about payments made to or received from you, company information, property acquisitions or disposals, investment activity or administration, invoices, statements, and related contractual or legal documentation;
3.1.5
Correspondence and Communication Information, which includes records of communication between you and the Company, including emails, letters, telephone records, electronic messages, meeting notes and other correspondence.
3.1.6
Employment and Professional Information, which includes information relating to your employment history, professional affiliations, role or position, qualifications, curriculum vitae, references, or similar information where relevant to your engagement with the Company.
3.1.7
Location Information, which includes addresses of properties you own, manage, or are associated with, or other geographical information relevant to your engagement with the Company;
3.1.8
Marketing and Communications Information, which includes your preferences in respect of receiving information or updates from us regarding investment opportunities, property-related communications, and correspondence preferences.
3.1.9
The Company may also process, collect, store and/or use aggregated data, which may include historical or statistical data derived from property transactions, client engagement, or investment activity (“Aggregated Data”) for any purpose, including research, reporting, and improving the efficiency of our business operations. Aggregated Data may be derived from your Personal Information but is not always considered Personal Information, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Information in a manner that has the result that it can directly or indirectly identify you, we will treat the combined data as Personal Information, which will be managed in accordance with this Privacy Policy.
4.1
We hereby notify you that, in certain circumstances, by engaging with the Company, we may collect certain Special Personal Information about you.
4.2
The processing of Special Personal Information requires higher levels of protection.
4.3
We need to have further justifications for processing Special Personal Information.
4.4
The Company has implemented appropriate policies and safeguards, which we are required by law to maintain or process Special Personal Information.
5.1
We will generally not process particularly Special Personal Information about you unless it is necessary for establishing, exercising or defending a right or obligation in law, or where we have obtained your consent to do so.
5.2
On rare occasions, there may be other reasons for processing your Special Personal Information, such as where the information has been deliberately made public by you.
5.3
The situations in which we may process your Special Personal Information include the following:
5.3.1
Racial and ethnic information may be processed by the Company for recruitment purposes and through CCTV cameras installed at the Company premises for safety and security reasons;
5.3.2
As part of the recruitment and hiring process, we may process information relating to your criminal behaviour;
5.3.3
We may process information pertaining to your political persuasion as part of the know your client (KYC) processes and customer due diligence (CDD) checks;
5.3.4
We may process information relating to your health as part of our screening processes when accessing our premises, in order to comply with health and safety regulations and protocols; and
5.3.5
We may process information which indicates your religious beliefs (for example, when you attend events organized by the Company, we may
We collect your Personal Information in the following ways:
6.1
Direct or active interactions
6.1.1
We may require that you submit certain information:
6.1.1.1
to request marketing or information about our events to be sent to you;
6.1.1.2
to subscribe to newsletters, updates, or other communications from us;
6.1.1.3
to make contact with our employees;
6.1.1.4
to grant you access to our premises;
6.1.1.5
to enable you to facilitate the conclusion of an agreement with us; and
6.1.1.6
that is necessary for our fulfilment of our statutory or regulatory obligations.
6.1.2
We also collect Personal Information directly from you when you communicate directly with us via e- mail, telephone calls, social media platforms or in person.
6.1.3
If you contact us, we reserve the right to retain a record of that correspondence in accordance with applicable data protection legislation, which may include Personal Information.
6.2
Automated or passive interactions
6.2.1
We may automatically collect limited Personal Information when you interact with our electronic communications, systems or infrastructure, including where you communicate with us via email, electronic document exchange platforms, secure data rooms, social media platforms, or other digital channels used in the ordinary course of our business.
6.2.2
Such information may include technical or usage data such as IP address, device information, date and time of access, email metadata, document access logs, and audit trails generated through due diligence, compliance, transaction management, or internal record-keeping systems.
6.2.3
This information is collected primarily for purposes of system security, record management, transaction integrity, regulatory compliance, risk management, and the prevention of fraud or unauthorised access.
6.3
Collection from third parties and public sources
The Company may receive Personal Information and Special Personal Information about you from various third parties including but not limited to, clients or customers, suppliers or service providers and public sources.
6.4
CCTV/ Access control systems
The Company collects Personal Information and Special Personal Information about you through CCTV cameras installed at the Company premises as well as utilizing our access control systems where we collect your Personal Information when visiting our premises for safety and security reasons.
7.1
We use your Personal Information for the following purposes:
7.1.1
to provide services to our customers and all activities ancillary thereto;
7.1.2
to open and maintain accounts for billing purposes;
7.1.3
to comply with our statutory and regulatory reporting obligations;
7.1.4
to comply with our health and safety requirements when accessing our premises;
7.1.5
to conduct the recruitment and hiring processes, which include conducting criminal records and credit checks (where appropriate), the capturing of a job applicant’s details and providing status updates to job applicants;
7.1.6
in relation to supplier information, to create supplier profiles on our systems, pay suppliers, and for general supplier administration;
7.1.7
to maintain and update our customer, or potential customer databases;
7.1.8
to maintain and update our supplier, or potential supplier databases;
7.1.9
to detect, prevent or manage actual or alleged fraud, security breaches or the abuse, misuse or unauthorized use of our systems and files and/or contraventions of this Privacy Policy and/or any terms and conditions and/or any agreements;
7.1.10
to inform you about any changes to our services, our details, this Privacy Policy or other changes that are relevant to you;
7.1.11
to conduct market research surveys;
7.1.12
to offer you information and content which is more appropriately tailored for you as far as reasonably possible;
7.1.13
to provide you with the latest information about our products and services or events provided that you have agreed to receive such information;
7.1.14
for security, administrative and legal purposes;
7.1.15
to communicate with you and retain a record of our communications with you and your communications with us;
7.1.16
to fulfil any contractual obligations that we may have to you or any third party;
7.1.17
to invite you to webinars, functions or events that we may host;
7.1.18
for other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services, our business activities or such other purposes for which it was collected.
8.1
We will not intentionally disclose your Personal Information, whether for commercial gain or otherwise, other than with your permission, as permitted by applicable law or in the manner as set out in this Privacy Policy.
8.2
You agree and give permission to us to share your Personal Information under the following circumstances:
8.2.1
with our employees, suppliers, consultants, subcontractors and agents if and to the extent that they require such Personal Information in order to process it for us and/or in the provision of services for or to us, which include property transactions, investment activities, due diligences, compliance and regulatory reporting purposes (e.g. the South African Revenue Service); information technology, data storage, document management, accounting, legal, audit, compliance, administrative and other support services relating to the operation of our business.
8.3
We will authorize any Personal Information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality; non-disclosure and data protection provisions.
8.4
Such persons may be disciplined, their contracts terminated or other appropriate action taken if they fail to meet their obligations:
8.4.1
to enable us to enforce or apply our terms and conditions and/or any agreements you have with us;
8.4.2
to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, agents and any other third party;
8.4.3
with governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or when we reasonably believe that such action is necessary to:
8.4.3.1
comply with the law or with any legal process;
8.4.3.2
protect and defend the rights, property or safety of the Company, or our clients, employees, contractors, suppliers, agents or any third party;
8.4.3.3
detect, prevent or manage actual or alleged fraud, security breaches, technical issues and/or contraventions of this Privacy Policy; and/or
8.4.3.4
protect the rights, property or safety of members of the public (if you provide false or deceptive information or misrepresent yourself, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
9.1
We store your Personal Information on:
9.1.1
our premises, in the form of hard copies;
9.1.2
the premises of third-party service providers such as subcontractors and document storage service providers;
9.1.3
our servers; or
9.1.4
on the servers of our third-party service providers, such as IT systems or hosting service providers.
9.2
From time to time, the Company and its service providers may need to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected (i.e. outside of South Africa) and we hereby notify you that such jurisdiction may not have comparable data protection legislation.
9.3
If the location to which Personal Information is transferred and/or is stored does not have substantially similar laws to those of South Africa, which provide for the protection of Personal Information, we will take reasonably practicable steps, including the imposition of appropriate contractual terms to ensure that your Personal Information is adequately protected in that jurisdiction.
9.4
Please contact us if you require further information as to the specific mechanisms used by us when transferring your Personal Information outside of South Africa or to a jurisdiction that is different to the one in which we collected your Personal Information.
10.1
We take reasonable technical and organizational measures to secure the integrity of your Personal Information and use accepted technological standards to prevent unauthorized access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration and destruction.
10.2
We review our information collection, storage and processing practices, including physical security measures periodically, to ensure that we keep abreast of good practice.
10.3
We also create a back-up of your information for operational, business continuity and safety purposes and we have a back-up disaster recovery program.
10.4
Despite the above measures being taken when processing Personal Information and Special Personal Information, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorized access, disclosure, misuse, loss, alteration or destruction of your Personal Information and/or Special Personal Information.
10.5
The Company has implemented policies and procedures to address actual and suspected data breaches and undertakes to notify you and the relevant regulatory authorities of breaches in instances in which the Company is legally required to do so and within the period in which such notification is necessary.
11.1
We may keep your Personal Information for as long as you continue to engage with us, provide services or products to us, use our services or for as long as reasonably necessary or until you contact us and ask us to destroy it.
11.2
Notwithstanding clause 11.1 above and any other clause in this Privacy Policy, we may retain and process some or all of your Personal Information if and for as long as:
11.2.1
we are required or permitted by law, a code of conduct or a contract with you to do so;
11.2.2
we reasonably need it for lawful purposes related to the performance of our functions and activities;
11.2.3
we reasonably require it for evidentiary purposes;
11.2.4
you agree to us retaining it for a specified further period; or
11.2.5
it is impossible or impractical for us to remove such Personal Information from physical archive storage.
11.3
To determine the appropriate retention period for Personal Information the Company will consider, among other things, the nature and sensitivity of the Personal Information, the potential risks or harm that may result from its unauthorized use or disclosure, the purposes for which we process it and whether those purposes may be achieved through other means. The Company will always comply with applicable legal, regulatory, tax, accounting or other requirements as they pertain to the retention of Personal Information.
12.1
Where required by law, the Company will take all reasonable steps to ensure that your Personal Information is accurate, complete, not misleading and up to date.
12.2
We acknowledge that you have rights of access to, and the right to rectify, your Personal Information, and rights to object to the processing of your Personal Information in certain circumstances.
12.3
You must let us know if any of the Personal Information that we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in clause 1.1.2 above or where applicable, by notifying the Company contact.
12.4
Where required by law, we will take reasonable steps to correct or update your Personal Information, accordingly, having regards to the purpose for which such Personal Information was collected or used.
12.5
Should you provide us with Personal Information or Special Personal Information that you are not lawfully allowed to provide to us or should you not notify us or rectify any incorrect, misleading or out of date information, which causes any loss or damage to the Company, the Company reserves the right to institute legal proceedings against you, as applicable, and you hereby indemnify the Company in respect of such damages and/or losses it may sustain in this regard and furthermore the Company shall not accept any liability with regards to the processing of any unlawfully provided, incorrect, misleading or outdated Personal Information or Special Information.
13.1
Data protection legislation may confer certain rights on you in respect of your Personal Information. We aim to be clear about what Personal Information we collect so that you can make meaningful choices about what Personal Information you make available to us.
13.2
You have the right to:
13.2.1
be notified that your Personal Information is being collected.
13.2.2
request access to your Personal Information (commonly known as a “data subject access request”), which indicates what Personal Information we have about you.
13.2.3
request the correction of your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is corrected.
13.2.4
request destruction, deletion or erasure of your Personal Information, where there is no lawful basis for the retention or continued processing of it.
13.2.5
object to the processing of your Personal Information for a legitimate interest (or those of a third party), or to direct marketing. You may do so if something about your particular situation makes you feel that such processing impacts your fundamental rights and freedoms.
13.2.6
request restriction of processing of your Personal Information. This enables you to ask the Company to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction.
13.2.7
withdraw consent which you previously gave to the processing of your Personal Information at any time. You may withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent can only be made by you on condition that such withdrawal of your consent:
13.2.7.1
does not affect the processing of your Personal Information before the withdrawal of your consent; or
13.2.7.2
does not affect the processing of your Personal Information if the processing is in compliance with an obligation imposed by law on us; or
13.2.7.3
does not affect the processing of your Personal Information where such processing is necessary for the proper performance of a public law duty by a public body; or
13.2.7.4
does not affect the processing of your Personal Information as required to finalize the performance of a contract in which you are a party; or
13.2.7.5
does not affect the processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
13.2.7.6
withdrawal of consent may limit our ability to provide certain services to you or the ability of a third party to provide certain services to you but will not affect the continued processing of your Personal Information in instances in which your consent is not required.
13.2.8
lodge a complaint with the Information Regulator (South Africa) or with the relevant National Data Protection Authority (if GDPR applies).
13.2.9
institute civil proceedings regarding the alleged interference with the protection of your Personal Information.
13.3
As far as the law allows, we may charge a fee for attending to any of the above requests and may also refuse to carry out any of your requests in whole or in part.
13.4
If you are a European Union citizen, the GDPR applies to the processing of your Personal Information. In line with the GDPR, you have the right to Data Portability:
13.4.1
You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format. Where technically feasible, you also have the right to request that we transmit this data directly to another controller of your choice.
13.4.2
This right applies only to personal data processed by automated means and where the processing is based on your consent or on a contract to which you are a party.
13.4.3
To exercise this right, please contact us at the contact details set out in clause 1.1.2 above.
14.1
To the extent allowed by the law, this Privacy Policy may be amended and updated from time to time in our sole discretion, without notice, provided that if we do so, we will take reasonably practicable steps to inform you of the updated Privacy Policy.
14.2
Accordingly, please check this Privacy Policy for changes periodically. If you continue to engage with us, provide products or services to us, or use our products and services after amendments are made to the Privacy Policy, you will be deemed to have accepted the updated Privacy Policy.
15.1
Our services are not targeted at people under the age of 18.
15.2
We may in limited instances process Personal Information of children including in the course of providing services to you. In such cases, the processing of Personal Information of children is conducted with the consent of a competent person or to comply with an obligation in law.
15.3
We will not knowingly collect Personal Information of persons in this age group without express consent to do so or without a legal obligation to do so.
15.4
For any questions in respect of the processing of Personal Information of children, please contact the Information Officer or the Company contact.
16.1
The Company processes Personal Information for the purpose of direct marketing by way of electronic communication. We will only send you direct marketing materials if you have specifically opted-in to receive these materials, or if you are a client of the Company, at all times in accordance with applicable laws.
16.2
You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communication from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
16.3
You may opt out of receiving direct marketing communication from us at any time by requesting us (in any manner, whether electronically, in writing) to stop providing any direct marketing communication to you. You may send your opt-out requests to [email protected].
17.1
This Privacy Policy does not apply to the processing of Personal Information by third parties that are not under our direct control. This includes, without limitation, banks, payment processors, managing agents, bodies corporate, statutory or regulatory authorities, insurers, auditors, professional advisors, service providers, or other entities with whom we are required or permitted to share Personal Information in terms of applicable law, contractual obligations, or in the ordinary course of our business.
17.2
Where we share Personal Information with third parties, such sharing will occur only where it is necessary for the performance of our obligations, required or permitted by law, or where such third parties process Personal Information on our behalf in accordance with our instructions. In such instances, we take reasonable steps to ensure that appropriate contractual safeguards are in place requiring such third parties to protect the confidentiality and security of the Personal Information.
17.3
You acknowledge that third parties such as, without limitation, payment gateways, financial institutions, managing agents, statutory or regulatory authorities, insurers, auditors, professional advisors, service providers may collect, use, or process your Personal Information in accordance with their own privacy policies, terms, and legal obligations.
18.1
No provision of this Privacy Policy limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), the Promotion of Access to Information Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws to the extent that the law does not allow them to be limited or excluded.
18.2
You agree that this Privacy Policy, our relationship and any dispute of whatsoever nature relating to or arising out of this Privacy Policy whether directly or indirectly is governed by South African law, without giving effect to any principle of conflict of laws.
18.3
You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this Privacy Policy without your permission. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any person which acquires all or part of our business and/or assets. We may in certain instances also sub-contract our obligations, for example, engaging with external IT service providers or printers. Where we engage such sub-contractors, we will do so without your permission, and we do not have to notify you if we sub- contract any of our obligations.
18.4
Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.
18.5
Each provision of this Privacy Policy, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision (or part of a provision) of this Privacy Policy is found by a court or authority of competent jurisdiction to be illegal, invalid or unenforceable (including without limitation, because it is not consistent with the law of another jurisdiction), it must be treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will still be valid and enforceable.
18.6
Should you feel that your rights in respect of your Personal Information have been infringed, please address your concerns to the Information Officer at [email protected] If you feel that the attempts by the Company to resolve the matter have been inadequate, you may lodge a complaint with the South African Information Regulator by accessing their website at www.justice.gov.za/inforeg.
18.7
If you are a European Union citizen, the GDPR applies to the processing of your Personal Information. In line with the GDPR, you have the right to lodge a complaint with the relevant EU supervisory authority, whose details are available on the European Commission’s website.
Annexure “A”
Annexure “A” Processing Activity | Legal Basis for Processing |
Recruitment and employment information | Article 6(1)(f) |
Property enquiries (online, telephonic, email, site visits) | Article 6(1)(f) |
Open day viewings and inspections | Article 6(1)(f) |
General correspondence | Article 6(1)(f) |
Client onboarding forms | Article 6(1)(b) |
Vetting and due diligence | Article 6(1)(c) Article 6(1)(f) |
Vetting and affordability checks | Article 6(1)(c) Article 6(1)(f) |
Company regulatory checks | Article 6(1)(c) Article 6(1)(f) |
Agreements | Article 6(1)(b) |
Contract administration (billing, financial data) | Article 6(1)(b) |
Access control | Article 6(1)(f) |
Maintenance coordination | Article 6(1)(f) |
Incident reporting | Article 6(1)(f) |
Invoicing and billing | Article 6(1)(b) |
Audits and financial reporting | Article 6(1)(c) |
Regulatory reporting | Article 6(1)(c) |
Litigation and dispute handling | Article 6(1)(f) |
Record retention | Article 6(1)(c) |
Sharing information with third parties where required (e.g., bodies corporate, homeowners’ associations, insurers, auditors, advisors, service providers) | Article 6(1)(b) Article 6(1)(c) Article 6(1)(f) |
Notices | Article 6(1)(b) |
Biometric data storage (e.g., for access control) | Article 6(1)(a) Article 6(1)(c) |
Information security, access management, the detection, investigation, and response to data security breaches | Article 6(1)(c) Article 6(1)(f) |
Handling data subject requests and privacy-related enquiries | Article 6(1)(c) Article 6(1)(f) |
Property valuations, investment reviews and decision-making | Article 6(1)(f) |
The legal basis for processing of Personal Information as allowed by the GDPR includes:
Article 6(1): Processing shall be lawful only if and to the extent that at least one of the following applies:
a)
the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b)
processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c)
processing is necessary for compliance with a legal obligation to which the controller is subject;
d)
processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e)
processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f)
processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
1.1 These Terms and Conditions govern your (“the Customer”) use of the e-commerce website of Future Indefinite Investments 180 (Pty) Ltd trading as Comic Warehouse (“Comic Warehouse”), located at the domain name www.comicwarehouse.co.za (“the Website”).
1.2 By accessing and using the Website, the Customer agrees to be bound by the Terms and Conditions set out in herein in its entirety. Should the Customer disagree with the terms herein, it shall not use the Website.
1.3 The Customer acknowledges and agrees that:
1.3.1 the Website provides an online platform for Comic Warehouse to sell its Products;
1.3.2 Upon conclusion of a transaction on the Website, a contract of sale and purchase of goods will come into force between the Customer and Comic Warehouse whereby the price of the Product sold will be as listed on the website, including taxes;
1.3.3 Delivery and insurance costs will only be added to the purchase price if the Customer specifically states this during the online transaction.
1.4 These Terms and Conditions shall be binding on the Customer and no change thereto, unless agreed to in writing by Comic Warehouse shall be of valid and/or enforceable.
1.5 Comic Warehouse reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The Customer’s continued use of this Website following the posting of changes or updates will be considered notice of the Customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
2.1 The Customer warrants that it is at least 18 years of age. If the Customer is under the age of 18, it may not use this Website. Comic Warehouse shall not in any way, shape or form be held liable for any transaction concluded alternatively any content which a Customer under the age of 18 may be exposed to whilst using the Website.
2.2 The Customer warrants that all information provided upon its use of the Website is accurate and complete and Comic Warehouse shall not be liable for any inaccurate or incomplete information submitted in the transaction process.
2.3 The Customer may be required to submit an email address and password whilst conducting a transaction on the Website. It is the Customer’s responsibility to ensure that the email address and corresponding password is kept confidential and Comic Warehouse shall not be held liable for any transactions or activity taken where the Customer’s email address and password has been utilised to access to transact on the website.
3.1 By using this Website or communicating with Comic Warehouse by electronic means, the Customer consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any
legal requirement, including but not limited to the requirement that such communications should be in writing.
3.2 The use of any Product or service bought from this Website is at the Customer’s risk. The Customer indemnifies and holds Comic Warehouse harmless against any loss, injury or damages which may be sustained as a result of using the Products sold on the Website.
3.3 The Customer may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the consent of Comic Warehouse.
3.4 Comic Warehouse reserves the right to restrict access or suspend activity on the Website.
3.5 By using the Website, the Customer agrees it will not in any manner, intentional or otherwise, take any action which may cause damage or harm to the performance, availability, security or integrity of the Website, or conduct any activity which may be illegal or unethical.
3.6 Comic Warehouse cannot be held responsible for security breaches occurring on the Customer’s electronic device (personal computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the Customer may inadvertently have installed on his/her device.
4.1 The amount to be paid for the Products will be shown on the Website upon Checkout, together with all charges such as VAT and any applicable delivery fee. Payment shall be in South Africa Rands, or the equivalent amount thereto.
4.2 The Customer shall pay for the Products by one of the following methods:
4.2.1 Credit Card: Visa and Mastercard are accepted. Comic Warehouse makes use of the 3D-Secure authentication system to verify the cardholder details with the bank, which directs the Customer to a secure link with its bank. The Customer’s card details will only be accessible to the PCI compliance service provider and the Comic Warehouse will have no access to card information.
4.2.2 EFT Bank deposit / Ozow (Direct EFT Gateway): Payment will be made by transfer directly into Comic Warehouse’s bank account through a computer based system. The Customer will be redirected via a secure payment gateway where, after selecting your bank, the EFT details will be displayed and the Customer will have to follow the instructions as to how to conclude the payment.
4.3 In the event of suspected fraud, Comic Warehouse reserves the right to refuse to accept or process any order and to cancel any order as a result thereof.
4.4 Products placed in the cart are not reserved and will only be bought once the checkout procedure has been completed, with successful payment having been made.
4.5 All stock is limited and whist Comic Warehouse will take every precaution to monitor stock levels to ensure that no unavailable stock is still for sale on the Website, in the event that there is no stock available as selected by the Customer, Comic Warehouse will refund the Customer any money already paid toward the purchase of the unavailable product.
5.1 Most Products supplied by Comic Warehouse are subject to a manufacturer’s warranty. Should a fault arise with any product, the product must be returned to Comic Warehouse. In the unlikely event of an Out of Box Failure, the Product must be returned and will be swapped out (subject to stock availability). Should the faulty Product be replaced by the manufacturer or supplier, the Customer shall then be provided with the replacement, alternatively, all warranty repair work shall be carried out by the respective manufacturers, suppliers and/or their authorized repair centres. Most Products are guaranteed against faulty materials and workmanship. Products are not guaranteed against faults resulting from normal wear and tear.
5.2 All Products must be returned in original condition including packaging, documentation, certificates, manuals, and accessories.
5.3 Comic Warehouse shall only accept returns within 7 (seven) calendar days from receipt of delivery if the incorrect Product or order was delivered to the Customer or the Products are damaged or defective.
5.4 Provided the Product is in its original packaging and in the same condition as when received, items may be returned subject to a 25% handling and administration fee to the value of the original purchase incl. Vat.
5.5 If the Products and packaging are not in excellent condition, they may not be returned.
5.6 Comics, graphic novels and hardcover books are non-refundable.
5.7 All non-product related fees (shipping, transactional and insurance) are not refundable.
5.8 In terms of special offers, should Comic Warehouse supply the wrong Product or if the Product is in any way faulty or damaged, Comic Warehouse will exchange it for the correct one. However, if the Product is no longer being offered at the special rate, it will not be replaced, and Comic Warehouse will refund the Customer’s purchase price including delivery costs.
5.9 Games may NOT be returned if opened or unsealed and non-defective. The Customer may exchange these items for the same item if the original is defective. It is the Customer’s responsibility to confirm that games and software are compatible with its hardware and operating system prior to the purchase as Comic Warehouse cannot accept software and games returns because of system incompatibility. System requirements are generally available on the manufacturer’s website.
5.10 Customers must advise the Comic Warehouse by email from the email address assigned to the order, of their cancellation and any such cancellation must be authorised by the person who made the original purchase.
5.11 The Customer is to use the Product strictly in accordance with the manufacturers instructions as set out on the Product. It is the Customer’s responsibility to ensure that it uses the Product strictly in accordance with those instructions.
5.12 No Product will be replaced nor will a refund be processed if Comic Warehouse establishes the following with regard to the Product:
5.12.1 It has been misused or subjected to neglect, damage, or abnormal conditions;
5.12.2 Its is damaged due to an incorrect attempt to repair the Product;
5.12.3 It has been used contrary to the manufactures instructions; and/or
5.12.4 Subsequent to delivery, it has deteriorated due to normal wear and tear.
6.1 Comic Warehouse will supply all Products to the delivery company in good order. Comic Warehouse will not be held liable for the condition of Products arriving at the Customer’s chosen delivery address.
6.2 Orders placed via our order line, 011 524 7604, shall be processed the same day if placed during office hours, alternatively they shall be processed the next working day.
6.3 All orders received by 12H00 on Monday to Friday (excluding public holidays) will, such to stock availability, be processed the same day and dispatched the following working day on condition that payment reflects in Comic Warehouse’s bank account.
6.4 Orders placed after 12H00 on Monday to Friday (excluding public holidays) will, subject to stock availability, be dispatched within 24-48hrs provided that it falls on a working day, and that payment reflects in Comic Warehouse’s bank account.
6.5 All orders placed on weekends and/or public holidays will be processed on the next working day.
6.6 All deliveries are conducted door to door via third party courier services.
6.7 For purchases above a certain value to be stipulated on the Website under delivery charges, the delivery fee will be free of charge.
6.8 The estimated delivery lead times are as follows:
6.8.1 Main Centres: 1-4 working days;
6.8.2 Outlying areas: 2-7 working days;
6.9 Certain Products will take longer to be delivered to the Customer. In such circumstances, the delivery times are extended and the estimated delivery time will be communicated to the Customer.
6.10 For special orders for certain Products, including life-size statues and pre-order items, lead times will differ and will be communicated to the Customer at the time of the purchase.
6.11 Orders are only able to be delivered within the borders of South Africa.
6.12 Upon delivery, the Customer is required to sign receipt thereof. The Customer must retain the delivery receipt for future potential query purposes.
6.13 Products are delivered with standard packaging. If you require additional packaging, the cost for such additional packaging shall be for the Customer’s account.
6.14 For added convenience, orders may be collected at Comic Warehouse’s warehouse. The Customer will be notified via SMS/EMAIL/online on the account as to when the order is ready for collection. The warehouse address for collection is located at 147 North Reef Road, Bedfordview, Johannesburg, South Africa.
6.15 All risk in the Product passes to the Customer upon delivery and/or collection of the Product.
7.1 The Comic Warehouse is committed to protecting the Customer’s privacy. This privacy policy applies to all the web pages related to this website.
7.2 All the information gathered in the online forms on the Website is used to personally identify Customers that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold to any third parties. Information is however made available to certain third parties who are require the Customer information in order to perform functions solely related to the fulfilment of the transaction such as for the processing of payment and delivery. The third parties are only permitted to process the Customer’s personal information for the specific process given to them based on Comic Warehouse’s instructions, and they are bound by all Comic Warehouse’s privacy policies as well as all applicable laws.
7.3 The Website may collect certain information about the Customer’s visits, such as the name of the internet service provider and the Internet Protocol (IP) address through which the Customer accesses the Internet, the date and time the Customer accesses the site, the pages that the Customer accesses while at the Website and the Internet address of the Website from which the Customer linked directly to Comic Warehouse’s site. This information is used exclusively to help improve the Website, analyze trends, and administer the Website.
7.4 Comic Warehouse may need to change the data policy from time to time in order to address new issues and reflect changes on its Website. Comic Warehouse will post those changes, ensuring Customers are always aware, regarding, what information it gathers, how it might use that information, and whether it will disclose that information to any parties.
7.5 The Customer may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the Customer computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.. Comic Warehouse uses this information to determine use of the Website, and to improve Content thereon. Comic Warehouse assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
7.6 The private information required for executing the orders placed through the e-commerce facility, namely the Customer’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Comic Warehouse and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the Product. Credit card details are not kept by Comic Warehouse under any circumstances.
7.7 The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if the Customer previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties marketing services from time to time. By using the Website, the Customer agrees to Comic Warehouse placing these sorts of cookies on its device and accessing them when the Customer visits the Website in the future.
8.1 At the time of purchasing, the transaction details are presented to the bank for a payment request. Products are only dispatched to the Customer on receipt of funds in the merchant’s bank account from the acquiring bank.
8.2 In order to protect the Comic Warehouses own interests, as well as those of its Customers, the Comic Warehouse will scrutinise all ransactions very carefully to prevent attempted fraud. Transactions may be refunded to the credit card concerned, or held, if Comic Warehouse is not satisfied with its legitimacy.
8.3 Comic Warehouse monitors all the I.P. Addresses of Customers visiting the Website. Any fraudulent activity will fully be reported to the proper authorities and prosecuted to the full extent of the law. Comic Warehouse also conducts a consumer check on every Customer purchasing with a credit card (ID number must be entered when paying by credit card).
8.4 International credit cards will only be accepted at the sole discretion of Comic Warehouse. Comic Warehouse further reserves the right to delay any form of refund whilst in the process of verification and card holder authentication.
8.5 Comic Warehouse does not store credit card details. For added peace of mind, the checkout process is fully secured and encrypted as to ensure the Customer’s card details are never compromised when shopping with Comic
In an attempt to provide increased value to the Customer, Comic Warehouse may provide links to other websites or resources. The Customer acknowledges and agree that Comic Warehouse is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, Products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
10.1 The Website and all content on the Website, including any current or future offer of Products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Comic Warehouse make no warranty or representation as to the availability, accuracy or completeness of the content.
10.2 Neither Comic Warehouse nor any holding company, affiliate or subsidiary of Comic Warehouse, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Comic Warehouse is expressly advised thereof.
10.3 Notwithstanding anything else in these Terms and Conditions, Comic Warehouse’s total liability to the Customer in contract, delict (including negligence or breach of statutory duty) or otherwise arising in connection with these Terms and Conditions, shall be limited to the total amount paid by the Customer in respect of the relevant transaction.
10.4 Nothing in these Terms and Conditions will limited any liabilities in any way that is not permitted under applicable law.
10.5 Comic Warehouse will not be liable for any loss or damage of any nature in respect of losses caused due to any interruption or dysfunction of the Website, any loss or corruption of any data, database or software, nor shall Comic Warehouse be liable for any loss or damages caused on a third party websites which the Customer may have accessed due to any hyperlink from the Website.
10.6 It is the Customer’s sole responsibility to satisfy itself prior to accepting these Terms and Conditions that the service available from and through this Website will meet its individual requirements and be compatible with its hardware and/or software. Comic Warehouse shall not be responsible for any incompatibility issues whatsoever.
11.1 In the event that the Customer breaches these Terms and Conditions, or if there is a reasonable suspicion that the Customer has breached these terms and conditions, Comic Warehouse shall be entitled to take one or more of the following actions:
11.1.1 temporarily suspend access to the Website;
11.1.2 block computers using the Customer’s IP address from the Website;
11.1.3 suspend or delete the Customer’s account on the Website;
11.1.4 Take legal action in respect of either breach of contract alternatively; and/or
11.1.5 Claim damages.
12.1 Comic Warehouse owns and controls all copyright, trademarks and intellectual property rights in the Website and the content of the Website.
12.2 All logos, content and material belongs to Comic Warehouse and Comic Warehouse gives no permission for the use of any materials found on the
Website.
13.1 Comic Warehouse shall not be liable to the Customer for any delay or failure in performance of any part of these Terms to the extent such delay or failure is attributable to a force majeure event. A force majeure event shall mean any cause beyond a either Party’s reasonable control affecting the performance of its obligations, including, but not limited to, fire, flood, explosion, accident, war, acts of terrorism, strike, embargo, governmental requirement, epidemic, pandemic, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or services, industrial disputes and acts or omissions of other providers of utility or telecommunications services (including internet service), including acts and omissions resulting in the unavailability of the services they provide.
13.2 In such an event as envisaged in this clause, and where such event lasts for a period of at least 5 business days, either party may terminate the transaction without any liability as result of such termination.
14.1 Comic Warehouse shall be entitled to cede any of its rights and/or delegate any of its obligations under these Terms and Conditions to any one or more persons. The Customer shall not be entitled to cede any of its rights and/or delegate any of its obligations under this agreement to any one or more persons, without the prior written consent of Comic Warehouse.
14.2 These Terms and Conditions constitute the sole record of the agreement between the parties in regard to the subject matter hereof.
14.3 Neither party shall be bound by any express or implied term, undertaking, representation, warranty, promise or the like not recorded herein.
14.4 No alteration, variation or cancellation by agreement of, addition or amendment to, or deletion from these Terms and Conditions shall be of any force or effect unless in writing and signed by or on behalf of the parties.
14.5 No indulgence, extension of time, relaxation or latitude which Comic Warehouse may show, grant or allow to the Customer shall constitute a waiver by Comic Warehouse of any of its rights and Comic Warehouse shall not thereby be prejudiced or estopped from exercising any of its rights against the Customer which may have then already arisen or which may thereafter arise.
14.6 These Terms and Conditions shall be exclusively governed by and be interpreted according to the laws of the Republic of South Africa.
14.7 These Terms and Conditions are subject to the Electronic Communications Act No, 25 of 2002 in respect of all transactions and payments conducted on this Website.
14.8 These Terms and Conditions are subject to the Consumer Protection Act No 68 OF 2000 in respect of all Products purchased on this Website.
14.9 If the Customer accesses this Website from locations outside of South Africa, that Customer is responsible for compliance with all local laws.
14.10 If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Comic Warehouse and the Customer with regard to the use of the content and this Website.
In-store collections can be acquired from Comic Warehouse located at 147 North Reef Road. To ensure a seamless experience and to prevent any potential disappointment, we kindly request that you wait until you receive the official email notification confirming that your order is ready for collection before visiting our store.
Select “I will send my own courier” at checkout and we will box your order and get it ready for transport. Provide your courier with collection instructions above and give them your order number so we can hand off your order to them.
Your security, our number 1 concern
At the time of purchasing, the transaction details are presented to the bank for a payment request. Goods are only dispatched to the customer on receipt of funds in the merchant’s bank account from the acquiring bank, Standard Bank of Southern Africa.
In order to protect our own interests, as well as those of our customers, we will scrutinise all transactions very carefully to prevent attempted fraud. Transaction may be refunded to the credit card concerned, or held, if we are not satisfied with its legitimacy.
Please be aware that we monitor all the I.P. Addresses of users visiting the website. Any fraudulent activity will be reported to the proper authorities, and prosecuted to the fullest extent of the law. We also conduct a consumer check on every customer purchasing with a credit card (ID number must be entered when paying by credit card).
International credit cards will only be accepted at our sole discretion. We further reserve the right to delay any form of refund whilst in the process of verification and card holder authentication.
We do not store credit card details.
For added peace of mind, the checkout process is fully secured and encrypted as to ensure your card details are never compromised when shopping with us.
All the products supplied through Comic Warehouse use well-established supplier chains in South Africa and Internationally. Most products supplied by Comic Warehouse are subject to a manufacturer’s warranty, but subject to our terms and conditions below. Should the faulty product be replaced by the manufacturer or supplier, the Customer shall then be provided with the replacement product, alternatively, all warranty repair work shall be carried out by the respective manufacturers, suppliers and/or their authorized repair centers. Most products are guaranteed against faulty materials and workmanship.
The following returns will be accepted within 10 (ten) days from the date of delivery of the product and exchanged / refunded:
The following returns will be accepted within 6 (six) months from the date of delivery of the product and exchanged / refunded:
Located in Bedfordview, Johannesburg, our expansive 3,000 m² experiential retail space is a sanctuary for enthusiasts of comics, graphic novels, life-size collectables, model cars, apparel, games, and more.
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