South Africa’s Freshest Online B2B Marketplace

A PMA Member

PRIVACY POLICY

(Last updated 28 November 2018)

www.hellochoice.co.za and www.hellochoice.net, hereafter referred to interchangeably as “the Site” is owned and operated by FreshTrades Trading Solutions (Pty) Ltd, Registration Number: 2018/330942/07 (incorporated in the Republic of South Africa) (“us/we/our/ourselves”). WE OPERATE AS AN INDEPENDENT TRADING PLATFORM AND WE ARE NOT AGENTS ACTING ON BEHALF OF ANY THIRD PARTY.

Please read this Privacy Policy carefully. Every User of the Site is deemed to have read, considered, reconciled him/her/it-self with, and agreed to, all of the Terms and Conditions of this Privacy Policy.

  1. Introduction

1.1. This Privacy Policy is to be read as if specifically incorporated into our General Terms, Seller Terms and Buyer Terms.

  1. Privacy Policy

2.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the PoPI Act”). FreshTrades also subscribes to the principles for electronically collecting personal information outlined in the PoPI Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.

2.2. The adoption of this Privacy Policy is in an endeavour to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.

2.3. In order to register on the Site, Users will be prompted to register an account with FreshTrades. In so doing, Users will be asked to provide the following personal and related information: First name, Surname, Email, Physical address, Phone number, Bank account details (Sellers only), Company/CC /business name (if applicable), Company/CC/business registration number (if applicable), and Other required information.

2.4. We will attempt to limit the type of Personal Information processed to only that which is required for our business purposes and for purposes of this Privacy Policy.

2.5. All Users of this Site, as our Customers, will receive direct marketing communications (including but not limited to newsletters, message boards, surveys, polls, professional announcements, SMS, MMS, other mobile services etc) from us and our affiliated businesses.

2.6. Your agreement to this Privacy Policy constitutes your consent as contemplated in Section 69 of the PoPI Act, allowing us to address direct marketing communications to you, as our customer, for purposes of direct marketing of our own or similar/related products and services. Notwithstanding the above, you will always be entitled to opt-out of future communications for the purpose of direct marketing, but that would entail deregistering as a User of the Site.

2.7. All payment information will be captured through the Site.

2.8. We will not collect, use or disclose sensitive information (such as information about your racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted or required by law.

2.9. By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

2.9.1. Informing you of changes made to the Site;

2.9.2. Direct marketing communication and the provision of marketing related services to you by ourselves or any of our affiliated businesses. Our affiliated businesses, are businesses which provide services which are related to the services which we provide to you;

2.9.3. Responding to any queries or requests you may have;

2.9.4. Developing a more direct and substantial relationship with Users for the purposes described in this clause;

2.9.5. Developing of online user profiles;

2.9.6. Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;

2.9.7. Security, administrative and legal purposes; and

2.9.8. The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise your identity.

2.10. We have up to date reasonable technical and organizational security measures in place to protect your Personal Information against accidental or intentional manipulation, loss, misuse or destruction, or against unauthorised disclosure or access to your information which we process online

2.11. While we cannot ensure or warrant the security of any Personal Information provided by our Users, but we will continue to maintain and improve security measures over time in line with legal and technological developments.

2.12. We may store your Personal Information directly or indirectly to a central database. If the location of the central database is located in a country that does not have legislation, which is similar to South African legislation, providing for the protection of Personal Information, we will take the reasonable steps to ensure that your Personal Information Personal Information is adequately protected in that jurisdiction.

2.13. The Personal Information which we gather from our Users, shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

2.14. We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.

2.15. We constantly review our systems and data to ensure the best possible service to our Users.

2.16. We do not accept any Users, or representatives of Users, under 18 years of age or who otherwise do not have the relevant capacity to be bound by this Privacy Policy.

  1. Log Files

3.1. When you visit the Site, even if you decide not to register as a Member, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on the Site that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge and agree that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used internally by us. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

  1. Cookies

4.1. We use cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The three types of cookies used on the Site are described below:

4.1.1. “Session cookies” – These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Site. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.

4.1.2. “Double Click Cookies” – Third party vendors with whom we contract may use cookies to serve a user ad based on a user’s prior visits to the Site. Users may, however, opt out of receiving these ads by visiting www.aboutads.info.

4.1.3. “Permanent cookies” – These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual User. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Site to work, but may enhance your browsing experience.

  1. Links from the Site

5.1. The Site may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor our responsibility.

5.2. Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.

5.3. We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.

5.4. Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

  1. The Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”)

6.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.

6.2. Data Messages sent by us to a User will be deemed to have been received by such User in terms of the provisions specified in section 23(b) of the ECT Act.

6.3. You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us.

6.4. You hereby confirm that we have complied with the terms of Section 43(1) of the ECT Act by making the information required by the provisions of the ECT Act available to you on the Site.

6.5. Section 44 (the cooling-off period) of the ECT Act does not apply to electronic transactions concluded using the Site because the goods marketed are likely to deteriorate or expire rapidly and, by reason of their nature, cannot be returned (see section 42(2) of the ECT Act).

  1. Feedback

7.1. Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at feedback@hellochoice.co.za

7.2. For all other questions or concerns, please email us at https://www.hellochoice.co.za/contactus.