1. INTRODUCTION
1.1. Raw Hibiscus (Pty) Limited (Registration Number: 2021/341334/07) (“RH”, “we”, “our”) recognises the importance of privacy and the protection of personal information provided to and is committed to the safeguarding of such information.
1.2. RH owns and operates the website located at www.rawhibiscus.co.za (the “Website”) and this privacy notice (the “Privacy Notice”) applies to every person who uses the Website (”you”/”your”).
1.3. The Privacy Notice explains what personal information RH collects and uses, how and why we collect or otherwise use your personal information, who we share this information with, and what your rights and choices are regarding your personal information.

2. INFORMATION COLLECTED
2.1. RH collects your personal information in various instances, including when you:
2.1.1. use the Website;
2.1.2. purchase products from RH;
2.1.3. submit an enquiry through the Website;
2.1.4. create a Website user account;
2.1.5. communicate with RH (including, for example, through the telephone, via email or text messaging) for any reason whatsoever;
2.1.6. engage with RH through the Website;
2.1.7. sign up for our mailing list;
2.1.8. take part in events, promotions or competitions; and
2.1.9. register as a reseller or stockist of RH through the Website.
2.2. If you register with the Website or otherwise transact or communicate with us through the Website, RH will collect and use your personal information. This information may include, without limitation, your full name and surname, your contact details (such as your telephone number, email address and residential or business address), financial information (such as your bank account details), transaction history and details of your visits to the Website.
2.3. You may correspond with RH via the Website regarding an adverse event or undesirable reactions caused by a RH product. In such a case, RH will collect your name, contact details and any other information you may provide to us. We will process this information in order to investigate the event or reaction, correspond with you and to comply with any applicable legal obligations regarding product safety or adverse events.
2.4. Please note that, if you access the Website without giving RH any personal information, RH may still gather certain non-personal information from you, including information regarding your Website activities.
2.5. In some instances, it is compulsory for you to provide us with your personal information, such as when you are our customer or a potential customer, so that we can provide our goods and services to you. In other instances, providing the information is optional, such as when you wish to subscribe to or opt out from our mailing list. If you do not provide the information when it is compulsory, we will not be able to provide our goods and services to you nor answer your queries or other communications. If you do not provide the information when it is optional, you will not receive the benefit of providing that information (for example, receiving promotional materials).

3. PURPOSE OF PERSONAL INFORMATION IS USED
3.1. The purposes for which RH uses personal information includes, but is not limited to:
3.1.1. providing our goods and services to you;
3.1.2. facilitating your transactions on the Website;
3.1.3. improving the products offered by RH as well as the user experience when using the Website;
3.1.4. marketing, promoting and advertising our products to you;
3.1.5. communicating with you in order to provide our goods to you or for our internal purposes;
3.1.6. complying with any legal obligations imposed on us; and
3.1.7. providing you with specialised advertising or promotional material based on your preferences where such preferences have been shared on our Website.
3.2. Without limiting the generality of the aforesaid, the Website uses analytics to monitor and analyse web traffic and your behaviour on the Website.
3.3. RH may process personal information:
3.3.1. to provide goods or services to you in terms of an agreement with you or where we wish to conclude an agreement with you;
3.3.2. in order to protect your legitimate interests;
3.3.3. in our legitimate interests;
3.3.4. in the legitimate interests of another person to whom we supply your personal information;
3.3.5. to comply with legal or regulatory obligations;
3.3.6. if you have provided consent; or
3.3.7. if the processing is allowed by law.

4. RETENTION OF INFORMATION
4.1. Your personal information will be processed and stored for as long as required for the purpose it has been collected for pursuant to the provisions of this Privacy Notice and for as long as its retention is required by applicable law.
4.2. Personal information collected for purposes related to the performance of a contract between RH and you will be retained while the contract is being performed. Personal information collected for the purpose of RH’s legitimate interests will be retained for as long as is needed to fulfil that purpose.
4.3. RH may retain personal information for a longer period in instances where you have given consent to such processing, and where such consent has not been withdrawn. RH may also be required to retain personal information for a longer period when required to do so in the performance of a legal obligation, in accordance with tax or accounting requirements or upon the order of a court order.

5. DISCLOSURE OF PERSONAL INFORMATION
5.1. RH may release your personal information or disclose it to third parties in certain circumstances, including, but not limited to the following:
5.1.1. if required or authorized to do so by law or a court order;
5.1.2. in order for it to enforce its rights; and
5.1.3. in order for it to provide goods or services.
5.2. The third parties to whom we disclose personal information include, but are not limited to, our corporate affiliates and partners; third parties who provide goods and/or services to RH; and government authorities and registries, organs of state, regulators, courts, tribunals and law enforcement agencies.

6. SECURITY
6.1. For purposes relating to the Website, RH uses systems that are sufficiently secure with reference to accepted technological standards at the time of transactions.
6.2. RH will secure the integrity and confidentiality of Website users’ personal information in its possession and under its control by taking appropriate, reasonable technical and organisational measures to prevent: (i) loss of, damage to or unauthorised destruction of personal information; and (ii) unlawful access to or acquisition of personal information.
6.3. RH routinely reviews its operations to ensure that personal information remains adequately protected.

7. MARKETING AND PROMOTIONAL MATERIAL
7.1. RH may from time to time send marketing and promotional material to you.
7.2. You may unsubscribe from receiving further marketing and promotional material. If you wish to do so, you can follow the “unsubscribe” link in the material or send an email to RH using RH’s email address as provided in its contact details below.

8. TRANSFER OF PERSONAL INFORMATION
8.1. Personal information collected by RH may be transferred to third party partners and businesses, including online payment providers. In such cases, RH will take reasonable steps to ensure that such persons have appropriate privacy measures in place.
8.2. Personal information collected by RH may also be transferred to persons in other countries. Those countries’ laws might not protect personal information in the same way or on the same level as the law in South Africa. However, RH will take reasonable steps to ensure that recipients in other countries have appropriate privacy measures in place, for example, by executing a legal agreement with the recipient where necessary.

9. COOKIES
9.1. The Website makes use of cookies to collect data. A cookie is a small piece of data that is stored on a website user’s electronic device (computer, mobile phone, tablet etc) by a website’s server. It allows a website to keep track of the user’s browsing activities, remember information such as their product preferences and items in your shopping basket. Cookies typically collect information such as web browser used, IP address and time zone.
9.2. Some cookies used by RH are absolutely essential for the Website to function properly. These cookies ensure basic functionalities and security features of the Website. RH also uses advertisement cookies to provide you with relevant advertisements and marketing campaigns. These cookies track visitors across websites and collect information to provide customised advertisements. Further, RH uses analytical cookies to understand how visitors interact with the Website. These cookies help provide information on metrics, the number of visitors, the bounce rate, traffic source etc.
9.3. You may disable or decline cookies. However, if this is done, you may not be able to use the Website properly and certain aspects of the Website may not function.

10. YOUR RIGHTS
10.1. You may exercise certain rights regarding personal information processed by RH. In particular, subject to the provisions of applicable law, you have the following rights:
10.1.1. the right to access personal information;
10.1.2. the right to rectify personal information;
10.1.3. the right to object to the processing of personal information;
10.1.4. the right to delete personal information; and
10.1.5. the right to restrict the processing of personal information.
10.2. RH may, in certain instances, legally refuse or decline your request to exercise these rights.
10.3. In some instances, you may withdraw consent for processing. This withdrawal will have no effect on any lawful processing of personal information preceding such withdrawal.
10.4. If you wish to exercise any of the rights set out above, please contact RH using our contact details below. We may charge a fee for accessing, amending or deleting your personal information. You will be advised of this fee in advance, if applicable.
10.5. If you have a complaint about our processing of your personal information, we encourage you to contact us. However, you also have the right to contact the Information Regulator (South Africa) using the Information Regulator’s details below (or any new details as may be published by the Information Regulator on its website from time to time).

Information Regulator’s contact details:
Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg
PO Box 31533, Braamfontein, Johannesburg, 2001
Email: POPIAComplaints.IR@justice.gov.za
Website: https://justice.gov.za/inforeg/

11. CHANGES TO THIS NOTICE
RH reserves the right to amend, modify or update this Privacy Notice from time to time in our sole discretion. If any changes are made to this Privacy Notice, we will publish an updated version thereof on the Website.

12. CONTACT DETAILS
In order to contact RH for purposes relating to this Privacy Notice, please contact us using the following contact details:
Raw Hibiscus (Pty) Limited
Johannesburg
Gauteng

E-mail address: info@rawhibiscus.co.za