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privacy policy

BLINK PORTRAITS GENERAL AND WEBSITE PRIVACY POLICY

READ THE SMALL PRINT- OUR LAWYER SAID IT’S IMPORTANT!
 

1. Introduction

We are delighted that you have visited our website and shown interest in our company. We take the protection of your personal information (“Personal Information”), as defined in terms of the Protection of Personal Information Act, 4 of 2013 ("the Act") seriously and want you to feel safe when you are visiting our website and/or engaging with us. In carrying out our services (and any related tasks), we endeavour to adhere to the principles relating to the electronic collection of personal information, as outlined in the Act (and the related legislation mentioned therein), and to try and ensure the quality, accuracy and confidentiality of any Personal Information in our possession.
 

  1. How does this Policy apply to you?

  1. 1 This policy will apply when you are browsing our website and/using any of our services. In fact, the policy is expressly incorporated under our T&Cs .

 

  1. 2 Your continued use of this website and any of our services indicates that you have both read and consented to the terms of this privacy policy.

 

  1. 3 You cannot use this website or our services if you do not accept this policy.

 

  1. 4 This website and our services are only intended to be used by persons aged 18 years and older (“users”). All sections of this policy are applicable to users unless the section expressly states otherwise.
     

 

Disclosure and Processing of Personal Information related to Children

 

Due to the nature and content of the services we offer, you may very likely need to provide us with, and we will need to process some/limited, Personal Information related to a child or children. These  persons being minors, as legally defined, (“Child”) are afforded additional protections under the Act.

 

To this end, we endeavour to limit the type and extent of any Personal Information that we process in relation to any Child and in doing so to comply with the principles set out in the Act and this policy.

 

However, to the extent that any Personal Information is disclosed or processed related to a Child, either in using this website and/or and any of our services, then you:

 

  1. warrant that you are a competent person and are authorised to consent to the disclosure and processing of such Child’s Personal Information, on their behalf (you consent as their parent or guardian or otherwise authorised person); 

  2. warrant that you have contracted our services for a legitimate (and not harmful) purpose; and

  3. consent to the processing of your/the Child’s Personal Information and agree to be bound by the  provisions of this policy, which shall apply equally in relation to your/the Child’s Personal Information.

 

 

2. Scope of the Policy and what you need to know about the Processing of your Personal Information

2.1 This policy aims to try and balance our legitimate business interests with your reasonable expectation to privacy. Whilst we will take all reasonable means to try and prevent unauthorised access to, or disclosure of your Personal Information, it is impossible to guarantee that your Personal Information will be 100% secure.
 

Collection and General Processing

2.2 In the course of our transactions (when you use our website, services or otherwise submit information to us) you may be asked to provide information which allows you to be identified and which relates to you as an identifiable individual, including information such as your name, age, sex, addresses, your e-mail address, bank account details and/or the internet address of the domain from which you are visiting. 
 

2.3 We will attempt to limit the types of Personal Information we process to only those which you have consented to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, lead generation, MMS and other mobile services), but, to the extent necessary, your agreement to these in this Privacy Policy constitutes your voluntary consent as contemplated in section 69 of the Act. Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.
 

2.4 By agreeing to this Privacy Policy, you consent to us processing your Personal Information for the purposes of carrying out our business or other legitimate purposes, which may specifically include (and which you voluntarily consent to) us using your Personal Information to:

2.4.1 Provide and perform our services to you;

2.4.2 Informing users of changes made to our website/other platforms;

2.4.3 Providing you with marketing related services;

2.4.4 Responding to any queries or requests you may have;

2.4.5 Developing a more direct and substantial relationship with users;

2.4.6 Developing an online user profile; and

2.4.7 For security, administrative and legal purposes.

Disclosure

2.5 As a general rule your Personal Information will not be made available to third parties in any form or by persons instructed by us without your consent or unless it is to carry out a business or other legitimate purpose. To this end we point out the following (but not only) parties with whom your Personal Information may/is generally shared (and you hereby consent to the disclose and use of your information in relation to):

2.5.1 Suppliers;

2.5.2 Representatives (including any third party providers or suppliers e.g. photographers, editors); and

2.5.3 Any third parties with whom our services are carried out/provided in conjunction with and/or who are involved in the completion of our services and may need to have your Personal Information in order to fulfil your request (e.g. Third party payment platform providers or cloud service providers)

who may be located outside of the country, which means that your Personal Information may be transferred cross-border but in such cases, this will be done in accordance with the requirements of the Act.

Security

2.6 Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.

2.7 While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

 

Retention

2.8 We will either store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the Act.

2.9 Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.

2.10 The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants/contractors on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

2.11 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.

2.12 We constantly review our systems and data to ensure the best possible service to our users. We generally do not accept any users under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.

2.13 We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.

3. Know your Rights

3.1 As a user/data subject, you have certain rights, including the right:

3.1.1 to access your Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 8.5.3 below;

3.1.2 to correct/rectify Personal Information that we hold on your behalf, in instances where such Personal Information is incorrect or incomplete;

3.1.3 to erase Personal Information,  also known as ‘the right to be forgotten’. In simple terms, this enables you to request the deletion or removal of your information where there’s no compelling reason for us keep using it. This is not a general right to erase; there are exceptions. For example, we have the right to continue using your personal data if such use is necessary for compliance with our legal obligations or for the establishment, exercise or defence of legal claims;

3.1.4 to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you. Please note that this right is limited in certain situations: when we are processing your personal information that we collected from you with your consent you can only request restriction on the basis of: (a) inaccuracy of data; (b) where our processing is unlawful and you don’t want your personal information erased; (c) you need it for a legal claim; or (d) if we no longer need to use the data for the purposes for which we hold it. When processing is restricted, we can still store your information, but may not use it further;

3.1.5 to complain- if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in South Africa;

3.1.6 to withdraw your consent at any time, if the processing of the Personal Information is based on consent;

3.1.7 to object to processing of Personal Information, if such processing is based on legitimate interests; and

3.1.8 to object to the processing of Personal Information for direct marketing purposes.

                                   

The exercise of these rights is free of charge; however, you may/will be required to prove your identity with an official identification or similar document.

4. Indemnity

In agreeing to the terms and conditions of this policy, you hereby unconditionally agree to indemnify us against any liability that may result from the processing of your Personal Information, including any reliance which may be placed on inaccurate Personal Information provided to us by the you and/or any third parties and/or any unintentional disclosures of such Personal Information to, or access by unauthorised persons.

 

5. Log Files

When you visit our website, even if you do not create an account, 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 our website 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 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 only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.  

6. Cookies (not the yummy kind ☹)

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

6.1.1 "Session cookies": These are used to maintain a so-called 'session state' and only last for the duration of your use of the website. 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.

6.1.2 "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 website to work but may enhance your browsing experience.

7. Third Party Links on the Website

7.1 The services available through the website, may contain links to other third party websites, including (but not limited to) 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 are we responsible, therefore.

7.2 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.

 

7.3 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.

7.4 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.

8. Not happy and want to lodge a Complaint?

8.1 If, you wish to raise a complaint regarding the processing of your Personal Information then please reach out to our designated Information Officer at hello@blink-portraits.com we will work to resolve  issues with you.

8.2 However, if you are still unsatisfied with how we have handled your Personal Information, you can lodge your complaint with the Information Regulator authority in South Africa.

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