This privacy policy (“Privacy Policy”) sets out the basis on which Herberi Cy Ltd, (hereinafter referred to as “HERBERI”, “we”, “our” or “us”), may collect, process, use, share and disclose personal information:
HERBERI is committed to maintaining robust privacy protections for its users. Our Privacy Policy is designed to help you understand how we collect,
use and safeguard the information you provide to us and to assist you in making informed decisions when using the Services on the Website.
By accessing the Website and using the Services, you accept the terms and conditions of HERBERI’s Privacy Policy,
and you consent to HERBERI’s collection, storage, use and disclosure of your Personal Information (defined below) as described in this Privacy Policy.
You acknowledge that it is in your best interest to read this Privacy Policy carefully and to ensure that you understand the terms and conditions
contained herein. Your acceptance of HERBERI’s Privacy Policy is deemed to occur upon your first use of the Website. If you do not accept and agree
with this Privacy Policy, please refrain from using and/or accessing HERBERI’s Website and Services immediately.
Scope of Privacy Policy
This Privacy Policy governs your access of HERBERI’s Service, regardless of how you access it, and explains what data we collect when you use the Website
and/or Services, why we collect the data, how it is used, and your rights and choices. This Privacy Policy applies to personal data and other information
collected by us from or about visitors to, or users of, our Website.
Personal Information that is Collected
HERBERI collects the following information from you:
(collectively *Personal Information*)
In the context of the law and this notice, the term “process” and “processing” means collect, store, transfer, use or otherwise act on data.
Use of your Personal Information
Except as otherwise stated in this Privacy Policy, HERBERI does not sell, trade, rent or otherwise share your Personal Information for marketing purposes
with third parties without your consent. HERBERI shares only non-identifiable Personal Information with vendors and suppliers who are performing services for
HERBERI, such as the vendors and suppliers who provide HERBERI with access to a user’s email address and email communications for the purposes of HERBERI
being able to send emails to you via the vendor and/or supplier’s server. Those vendors and suppliers use your non-identifiable Personal
Information only at HERBERI’s direction and in accordance with our Privacy Policy.
In general, the Personal Information you provide to HERBERI is used to help us communicate with you. For example, HERBERI uses your Personal Information to (i) make contact with you in
regards to your orders, (ii) solicit feedback from you, (iii) provide technical support, and (iv) inform you about promotional and marketing offers.
HERBERI may share Personal Information with third parties if HERBERI has a good-faith belief that access, use, preservation or disclosure of the
Personal Information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce HERBERI’s Terms of Service,
including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property or safety of
HERBERI’s users or the public as required or permitted by law.
Wherever possible, HERBERI aims to obtain your explicit consent to process your Personal Information. We may continue to process your Personal
Information on this basis until you withdraw your consent. You may withdraw your consent at any time by sending us an email at [email protected].
However, if you do so, please note that you may not be able to (i) use the Website, and (ii) make use of the Services further.
Automatic Collection of Information
When you visit the Website, HERBERI’s servers automatically record information about your computer hardware and software.
This information is collected automatically and is used only to identify potential cases of abuse, resolve technical issues,
optimizing the performance of the Website for a better user experience, and establish statistical information regarding your use
of the Website and the Services. This statistical information is not otherwise aggregated in such a way that would identify any
particular user of the system.
How Personal Information is Secured
HERBERI implements security measures that include encryption, firewalls, password management and secure socket layer technology, which are designed to
protect your information from unauthorized access and potential security breaches.
However, you acknowledge that no data transmission over the Internet or wireless network can be guaranteed. Therefore, while HERBERI strives
to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our
control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and another registered user on the
Website and/or the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party,
despite HERBERI’s best efforts.
Your Rights regarding the General Data Protection Regulation
For the purposes of complying with the General Data Protection Regulation 2016/679 (“GDPR”), HERBERI is considered as the data controller
in relation to your Personal Information. We have listed below, the principal rights you have under the GDPR:
You may exercise any of your rights in relation to your Personal Information by written notice to HERBERI, using the contact details set out below.
Should you have any cause for complaint about our use of your Personal Information, please contact HERBERI using the details provided below and we will endeavour to solve the problem for you.
Your Rights regarding South Africa’s Protection of Personal Information Act, 4 of 2013 (“POPIA”)
In compliance with POPIA, you have the right to have your personal information processed lawfully. Your rights in compliance with POPIA include the right:
International Transfer of Personal Information
HERBERI will not ordinarily transfer any Personal Information collected from you outside the borders of South Africa or Europe. However, in the event that we transfer or store your Personal Information outside South Africa or Europe, we will
take all steps reasonably necessary to ensure that the third party who receives your Personal Information is subject to a law or binding agreement which provides an adequate level of protection.
Analytical Data from Third Parties
HERBERI may collect or receive information that third party service providers may provide about you when using the Website and/or the Services. Or HERBERI may obtain information from
other sources and combine that with information HERBERI collects through your use of the Services. The following information is collected and/or obtained from third parties:
Cookies
Cookies are defined as small text files that are placed on your computer’s hard drive by your web browser when you visit any website. Cookies allow data gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
HERBERI may from time to time use cookies. They are placed by software operated by third parties whose services HERBERI makes use of so as to enhance your experience on the Website.
When you first visit the Website, you may need to confirm whether you wish for cookies to be used by HERBERI. If you choose not to accept them, HERBERI shall not use them for your visit except to record that you have not consented to their use for any other purpose. However, please note that should you choose not to use cookies or you prevent their use through your browser settings, you might not be able to use all the functionalities available on the Website.
HERBERI may use cookies for the following purposes:
Retention Period for Personal Information
Except as otherwise mentioned in this Privacy Policy, HERBERI shall endeavour to keep your Personal Information only for as long as is required (i) for HERBERI to be able to provide you with Services, (ii) to comply with the law, including for the period demanded by our tax authorities, and (iii) to support a claim or defence in court.
Opt-out rights
You can stop all collection of Personal Information by HERBERI by not accessing the Website and the Services, or by requesting to opt-out via email, at [email protected].
Our Policy Toward Children
Our Services are directed to persons under the age of eighteen (18) years. We collect Personal Information from children under the age of eighteen (18) years. We therefore encourage you to obtain the assistance and consent of a parent/legal guardian when accessing our Website and using the Services. A parent/legal guardian who becomes aware that his or her child has provided us with Personal Information without their consent, should contact us at [email protected] and we will endeavour to delete it.
Changes and Amendments to Privacy Policy
HERBERI may update this Privacy Policy from time to time in HERBERI’s sole discretion and will notify you of any material changes to the way in which HERBERI treats Personal Information. When changes are made, HERBERI will revise the updated date at the bottom of this page. HERBERI may also provide notice to you in other ways in HERBERI’s sole discretion, such as through the contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Privacy Policy will constitute your consent to those changes. However, HERBERI will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Contact Information
Should you have any questions or concerns regarding privacy while using the Website and Services, please send us a detailed message to [email protected], and HERBERI will use its best endeavours to resolve your concerns.
Effective Date:26.11. 2021