1.1 Lynne Avis trading as Obtuse Jewellery (“Obtuse”) is a South African sole proprietor.
1.2 Obtuse is committed to maintaining the privacy and security of customers', suppliers’, associates and any data subjects’ personal information, which includes information that identifies or relates specifically to a person such as, but not limited to, their names, email address and physical address, mobile phone numbers, date of birth, any medical related information and gender ("customer information"). For purposes hereof, customer information includes any personal information of third parties that a user may submit to Obtuse on behalf of such third party (for example, the personal information of the user's employees or partners).
1.3 Obtuse is committed to comply with the Protection of Personal Information Act (“POPIA”) and the General Data Protection Regulation (“GDPR”) applicable to EU Citizens.
1.4 Obtuse also receives third party suppliers' personal information and is committed to maintaining the privacy and security of such third-party suppliers ("suppliers' information").
1.5 The security of such customer information submitted by a customer (or allowing another person to do so on your behalf) and suppliers' information submitted to Obtuse (including via Obtuse website (known herein as "the website")) is dealt with as set out in this policy ("policy").
1.6 This policy sets out the following:
1.6.1 What customer information and suppliers' information Obtuse collects and holds;
1.6.2 Why Obtuse collects that information;
1.6.3 To whom Obtuse discloses customer information and/or suppliers' information to;
1.6.4 How long Obtuse holds customer information and/or supplier information for;
1.6.5 How Obtuse safeguards customer information and suppliers information;
1.6.6 Transfer of customer information and/or suppliers information inside and outside South Africa;
1.6.7 Customers' and suppliers' rights to access and correct such information;
1.6.8 The cookies policy of Obtuse;
1.6.9 Changes to this policy; 1.6.10 How to contact Obtuse.
1.7 By using Obtuse website and providing personal information, the customer and/or supplier agrees to the terms and conditions stated in this policy and consents to Obtuse collecting, using and disclosing customer information and/or supplier information as detailed in this policy.
1.8 Should a user not agree with this policy (or any part), please do not provide such personal information to Obtuse. Withholding of personal information may affect the services Obtuse can provide.
1.9 Any term used in this policy that does not have a specifically defined definition must be interpreted in accordance with the use thereof and definition given thereto in POPIA.
2 What customer information and suppliers' information Obtuse collects and holds
2.1 Where practical, Obtuse will collect customer information directly from the customer and/or supplier. This will normally take place when you deal with Obtuse directly, by emailing Obtuse, when visiting this website, telephonic conversation, by visiting Obtuse’s premises or any other way of communication and connection with Obtuse.
2.2 We may also collect customer information directly from the customer, when the customer subscribes to receive marketing material and/or when requesting information from Obtuse.
2.3 Should the customer directly submit a request for a quotation and/or information via this website or social media platform and/or to Obtuse via email, or request to be part of Obtuse mailing list, the customer is indicating that he/she has read this policy and is willing for Obtuse to deal with such customer's customer information as set out in this policy.
2.4 In some cases, customers are represented by a third party. In this instance it may be necessary for Obtuse to collect customer information from such a third party. In such instances, we understand that the third party has the customer's consent for providing Obtuse with the customer information, and the customer has consented to Obtuse processing the customer information as set out in this policy. Should it be necessary as solely determined by Obtuse, Obtuse may request a copy of such customer consent.
2.5 Should a customer become aware that customer information has been provided to Obtuse by a third party without the customer's consent, please let Obtuse know immediately by emailing Obtuse on email@example.com.
2.6 Obtuse may require the following customer information from a customer in order to facilitate requests and to provide services to the customer:
2.6.2 physical/residential address;
2.6.3 email address;
2.6.4 identity/passport details and numbers;
2.6.5 mobile phone number;
2.6.7 date of birth;
2.6.8 dietary requirements;
2.6.9 medical and health information;
2.6.10 credit card details, including card number, CVV number and expiry date;
2.6.11 any and all company information affiliated with the customer i.e. company registration number, company addresses, company contact details and company directors;
2.6.12 any other information required by us, suppliers and contractors in order to provide customers with accurate assistance;
2.7 Obtuse’s only collects sensitive customer information when it is reasonably required for purposes of delivering the requested services.
2.8 By providing sensitive customer information to Obtuse’s the customer (or allowing another person to do so on the customer's behalf), is indicating that he/she has read this policy and consents for Obtuse’s to deal with such customer's sensitive customer information as set out in this policy.
3 Why Obtuse collects that information and how information is used
Obtuse collects the above information about the customer and/or supplier solely for the following purposes:
3.1 Providing related products, services and event information to you and to carry out your requests;
3.2 to fulfil a customer's particular requests and to enable Obtuse to invoice the customer for fees payable to Obtuse and/or the supplier;
3.3 to improve customer service;
3.4 to improve Obtuse’s website (Obtuse’s strives to improve its website offerings based on the information and feedback received from customers and suppliers); and/or
3.5 Confirming, verifying and updating your details;
3.6 For the detection and prevention of fraud, crime, money laundering or other malpractice;
3.7 For audit and record keeping purposes;
3.8 We also collect and process personal information for marketing purposes to ensure our products and services remain applicable to you and potential customers;
3.9 to comply with applicable laws;
3.10 For purpose of this policy, customers (also referred to as you) include potential and existing customers.
3.11 Section 11 of POPIA prescribes that personal information may only be processes if certain conditions are met which are listed below along with supporting information for processing of personal information:
3.11.1 Customers consents to the processing – consent is obtained from you during the introductory stage of our relationship either verbally, written or tacitly;
3.11.2 The processing is necessary – in order to deliver products and services to you, certain personal information is required. Processing is furthermore necessary to conclude a contract between the parties;
3.11.3 Processing protects a legitimate interest of the data subject – We needs to collect and process personal data in order to provide you with information regarding our required service and products. You will benefit from having their aircraft details updated and in an accessible format as a value-added service from us.
4 To whom Obtuse discloses customer information and/or suppliers' information to
4.1 Obtuse’s collects customer information for its own purposes (i.e. to issue a quotation, provide goods and services, etc) and for the suppliers which provide the goods or services to Obtuse.
4.2 By providing customer information to Obtuse, the customer (or allowing another person to do so on the customer's behalf), is indicating that he/she has read this policy.
4.3 Obtuse discloses customer information to its suppliers. Obtuse’s only discloses certain customer information to the suppliers to enable the supplier to deliver the good and services which the customer has selected and purchased.
4.5 Obtuse also discloses the suppliers information to customers. Obtuse only discloses supplier information to the customers to enable the customer to know the details of their goods/services which the customer has selected and purchased.
4.6 In addition, Obtuse will only disclose customer information and supplier information if:
4.6.1 required by applicable law;
4.6.2 Obtuse has a public duty to disclose the information;
4.6.3 Obtuse’s legitimate interests require disclosure or the customer's and/or the supplier's legitimate interests require disclosure; or
4.6.4 the customer and/or the supplier has agreed that Obtuse may disclose his/her customer information or supplier information (as the case may be), including but not limited to marketing communications.
5 How long Obtuse holds customer information and/or supplier information for
Obtuse retains the customer information and/or supplier information while the services/goods are being provided and/or the account is in existence in respect of a customer, or for the purposes of after sales support, or for as long as is necessary if legally required even after the services are completed and/or account is fully paid.
6 How Obtuse safeguards customer information and suppliers information
6.1 Obtuse is dedicated to safeguarding information and as such takes reasonable safety measures to protect customer information and supplier information and prevent the misuse of such information, as supplied to Obtuse.
6.2 Where Obtuse provides hyperlinks to any third-party internet websites, such links are not an endorsement by Obtuse of any products or services in such websites. Obtuse has not verified the truth or accuracy of any content of such websites. If a customer uses such hyperlinks the customer does so entirely at the customer's own risk and we accept no responsibility or liability for the content, use or availability of such websites. This website may also contain material provided by third parties and we accept no responsibility or liability for the accuracy of such material.
7 Transfer of customer information and/or suppliers information inside and outside South Africa
7.1 The customer information and/or supplier information that Obtuse collects may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who works for Obtuse or one of Obtuse's operators. By submitting customer information to Obtuse (on this website or otherwise), the customer, hereby consents to the transfer of their customer information both inside and outside the European Union and/or South Africa.
7.2 Unfortunately, the transmission of information via the Internet is not completely secure. Obtuse will do its best to protect customer information submitted to it via the website, but cannot guarantee the security of data transmitted to the website; any transmission is at your own risk.
8 Customers' and suppliers' rights to access and correct such information
8.1 The customer or supplier has a right to request access to their information that Obtuse holds in respect of such customer or supplier.
8.2 Should any customer or supplier request access to customer information or supplier information Obtuse holds in respect of such customer or supplier respectively, or if the customer or supplier wishes to update or correct any of its information held by Obtuse, the customer or supplier (as the case may be) can contact Obtuse to update and correct their information themselves by emailing firstname.lastname@example.org
9 The Cookies policy of Obtuse
9.1 Obtuse reserves the right to use "cookies" when a user visits the website.
9.2 A "cookie" is a small text file that is downloaded onto an electronic device, when a user of the electronic device accesses a website, such as this website. It allows the website to recognize that user’s device and store some information about the user’s preferences or past actions.
9.2.1 Transient cookies or site functionality cookies: Such cookies only exist for the duration of customer's website visit and are deleted on exit. They recognize customer's; 9.2.2 as a customer moves between pages, for example these cookies allow customers to navigate the website and use Obtuse features;
9.2.3 Persistent cookies: These cookies stay on a customer's device until they expire or are deleted. These cookies often store and re-enter customer's login information, so customers don't need to remember membership details
9.2.4 Site analytics cookies: These cookies allow Obtuse to measure and analyze how Obtuse's customers use the website, to improve both its functionality and customer's experience.
9.2.5 Targeting or advertising cookies: Such cookies are used to deliver advertisements relevant to customers and/or suppliers. They also limit the number of times that customers and/or suppliers see an advertisement and helps Obtuse measure the effectiveness of Obtuse's marketing campaigns.
9.3.1 store details of customer marketing, customer preferences to enhance customers journey through the website;
9.3.2 from time to time, the information gathered through this site will be used to notify you about products and services that we think will be of interest to you, unless you inform us in writing that you are not interested in receiving communications in this regard;
9.3.3 evaluate the website in respect of advertising and promotional effectiveness.
9.4 To enable or disable cookies, follow the instructions provided by your browser (usually located within the 'Help', 'Tools' or 'Edit' facility) or contact Obtuse’s.
10 Changes to this policy
10.1 Obtuse reserves the right, in its sole discretion, to amend this policy at any time by posting the amended policy on our website. Unless otherwise stated, the current version will apply each time a user accesses our website.
10.2 Users agree to review this policy whenever users visit the website for any such amendments.
10.3 Save as expressly provided to the contrary in this policy, the amended version of this policy shall supersede and replace all previous versions thereof.
11 How to contact Obtuse
Should a user wish to contact Obtuse regarding the customer information that it holds in respect of the customer, the way in which customer information is being used or this policy, please contact Obtuse at email@example.com
Date of Policy: 1 July 2021
Obtuse Jewellery contact details Telephonic Support: +27729695979 | Email Support: firstname.lastname@example.org
All information and recommendations, and all hypertext links and/or any other computer links available on this Website and related web servers are offered in utmost good faith. This information is believed to be correct as of the date you view it, however Obtuse Jewellery make no representations or warranties as to the completeness or accuracy of any of this information. You assume the entire risk of relying on this information.
This information is supplied to you on the condition that you or any other person receiving this information will make their own determination as to its suitability for any purpose prior to any use of this information. In no event will Obtuse Jewellery be responsible for damages of any nature whatsoever resulting from the use or reliance upon this information or any product referred to in this information.
This information is not to be construed as recommendations to use any information, product, process, equipment, or formulation that conflicts with any patent, copyright, or trademark, and Obtuse Jewellery make no representation or warranty, express or implied, that any use of this information will not infringe on any patent, copyright or trademark.
No representations or warranties, either expressed or implied, of merchantability, fitness for a particular purpose or use or of any other nature are made with respect to this information or to any product referred to in this information.
No undertaking is made under any circumstances by Obtuse Jewellery to update or correct information distributed on Internet or on its Web servers. Also, Obtuse Jewellery reserve the right to alter or correct the content of this website and related sites at any time without notice.
All the information on this Website and related web servers (documents contained on the site and all elements created for the site) are the property of Obtuse Jewellery and are governed by copyright laws at the time they are made available to the public on this Website and related web servers. Copies of documents contained on this website can only be made for information purposes, and solely for strictly private use. No licence and no right other than the right of site viewing is granted to any person in respect of intellectual property rights. Reproduction of website documents is authorized solely for informative purposes and for personal, private use: any reproduction and any use of copies made for other purposes is expressly forbidden.
Copyright © Obtuse Jewellery. All rights reserved.
2. Protected Names
All corporate names, logos, and Registered® and TrademarkTM products mentioned in this site belong to Obtuse Jewellery. They may not be used without the prior written agreement of Obtuse Jewellery.
3. Commitment of the user
Each visitor or User to Obtuse Jewellery site, who provides information to Obtuse Jewellery grants Obtuse Jewellery full transfer rights relevant to such information, and authorizes Obtuse Jewellery to make use thereof as it deems fit. The information provided by visitors or users will be considered as non-confidential and must be accurate, lawful and non-detrimental to third party interests. Visitors and users are deemed to have taken note of the above warning and undertake to take heed of each of these recommendations.
4. Hypertext links
In no event will Obtuse Jewellery be responsible for the content of the sites it links to Obtuse Jewellery have no editorial control over those sites. These links are made available as a service to users of Obtuse Jewellery’s Website.
REVISION OF USER NOTICE
Please note that Obtuse Jewellery may change, modify, add to or remove from portions or the whole of this User Notice at any time, and such changes shall become effective when the changes are posted to the Website.
Obtuse Jewellery will notify visitors or users of any such change by posting a notice of the change on the Website.
The visitors or users continued use of the Website following the posting of changes or updates, will be considered sufficient notice of the visitor’s or user’s acceptance of this User Notices, including any changes or updates.
Date of Policy: 1 July 2021
Manual in terms of Section 51 of the
Promotion of Access to Information Act, 2 of 2000
3 Guide in terms of section 10 of the Act
4 Facilitation of a request for access to information
6 Information available in terms of other legislation
7 Schedule of records
8 Information Automatically Available
9 Requesting Procedures
10 Prescribed Fees
11 Refusal Grounds
12 Availability of the manual
13 Contact Details
In cases where an administrative action materially and adversely affects the rights or legitimate expectations of any person or the rights of the public, then the prescripts for a procedurally fair administrative action set out in the provisions of the Promotion of the Administrative Justice Act, 2000 (Act No. 3 of 2000), and in particular sections 4 and 5 will be adhered to.
1.1. Purpose of the Act
Recognising inter alia that:
1.1.1. Section 32(1)(a) of the Constitution provides that everyone has the right of access to any information held by the state.
1.1.2. Section 32(1)(b) of the Constitution provides for the horizontal application of the rights of access to information held by another person to everyone when that information is required for the exercise or protection of any rights.
1.1.3. Foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information.
1.1.4. Actively promote a society in which the people of South Africa have effective access to information.
The promotion of Access to Information Act, 2 of 2002 (‘the Act”) was enacted to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.
1.2. Main business of Deponent
Lynne Avis trading as Obtuse Jewellery has been in existence since 2015. We have extensive experience in jewellery design and manufacturing.
The following words will bear the following meaning in this manual:
2.1. “the Act”: The Promotion of Access to Information Act, No 2 0f 2002
2.2. “Working days”: means and day other than a Saturday, Sunday or Public Holiday
2.3. “Requester”: means any person making a request for access to a record
2.4. “Personal Requester”: means a requester who is seeking access to a record containing
personal information about that requester
2.5. “Third Party”: means any other than the requester
2.6. “Deponent”: means Lynne Avis trading as Obtuse Jewellery
3. GUIDE IN TERMS OF SECTION 10 OF THE ACT (Section 51(1)(b))
3.1. The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2. Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.
3.3. Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
The contact details of the Commission are:
Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: (+27)11 877 3600
Fax Number: (+27)11 403 0625
4. FACILITATION OF A REQUEST FOR ACCESS TO INFORMATION
Information which is not readily available as indicated in this manual, may be requested in accordance with the procedure prescribed in terms of The Act.
Published in terms of Section 52(2): At this stage no notice(s) has/have been published.
6. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
(Section 51 (1) (c))
6.1. BBBEE Act 53 of 2003
6.2. Companies Act 71 of 2008
6.3. Compensation for Occupational Injuries and Disease Act 130 of 1993
6.4. Competition Act 1998
6.5. Consumer Protection Act 68 of 2008
6.6. Electronic Communications and Transactions Act 25 of 2002
6.7. Income Tax Act 58 of 1962
6.8. Occupational Health and Safety Act 1993
6.9. Prevention of Combating of Corrupt Activities Act 12 of 2004
6.10. Promotion of Access to Information Act 2 of 2000
6.11. Protection of Personal Information Act 4 of 2013
6.12. Regulation of Interception of Electronic Communications Act 70 of 2002
6.13. Value Added Tax Act 89 of 1991
6.14. Any and all other legislation applicable to Obtuse Jewellery in South Africa
7. INFORMATION AVAILABLE IN TERMS OF THE ACT (Section 51(1)(d))
The Deponent holds and has records and or notes on the following subjects and categories:
7.1. Client Records
7.1.1. Records provided by a client
7.1.2. Records generated by or within Obtuse Jewellery
7.2.1. Financial records
7.2.2. Insurance records
7.2.3. Asset Register
7.2.5. Marketing records
7.2.6. Internal Correspondence
7.2.7. External Correspondence
8. PROTECTION OF PERSONAL INFORMATION ACT, 2013 (POPIA)
8.1. Purpose of POPIA
The Protection of Personal Information Act, 4 of 2013, (“POPIA”) regulates and controls the processing, including the collection, use, and transfer of a person’s personal information. In terms of POPIA, a person (Responsible Party) has a legal duty to collect, use, transfer and destroy (process) another’s (Data Subject) personal information (Personal Information) in a lawful, legitimate and responsible manner and in accordance with the provisions and the 8 processing conditions set out under POPIA.
8.2. Reasons why Obtuse Jewellery Processes Personal Information
Obtuse Jewellery does and will from time to time process Personal Information which belongs or is held by a Data Subject.
This processing is required by Obtuse Jewellery to allow it to perform the following:
8.2.1. to pursue its business objectives and strategies.
8.2.2. to comply with a variety of lawful obligations, including without detracting from the generality thereof:
• to carry out actions for the conclusion and performance of a contract as between Obtuse Jewellery and Data Subjects;
• to put in place protective mechanisms to protect the Data Subject’s and / or Obtuse Jewellery legitimate interest(s) including the performance of risk assessments and risk profiles;
• to obtain as required by law or to protect the respective party’s legitimate interests, Personal Information from a credit bureau or credit provider or credit association information about certain Data Subject’s credit record, including personal information about any judgement or default history;
• to provide as required by law or to protect the respective party’s legitimate interests Personal Information to credit bureaus, credit providers or credit associations, information about certain Data Subject’s credit record, including personal information about any judgement or default history;
8.2.3. for the purposes of making contact with the Data Subject and attending to the Data Subject’s enquiries and requests;
8.2.4. for the purpose of providing the Data Subject from time to time with information pertaining to Obtuse Jewellery, its officers employees, services and goods and other ad hoc business related information;
8.2.5. to pursue the Data Subject’s and / or Obtuse Jewellery legitimate interests, or that of a third party to whom the Personal Information is supplied;
8.2.6. for the purposes of providing, maintaining, and improving Obtuse Jewellery products and Services, and to monitor and analyse various usage and activity trends pertaining thereto;
8.2.7. for the purposes of performing internal operations, including management of employees, employee wellness programs, the performance of all required HR and IR functions, call centres, customer care lines and enquiries, attending to all financial matters including budgeting, planning, invoicing, facilitating and making payments, making deliveries, sending receipts, and generally providing commercial support, where needed, requested or required; and
8.2.8. for the purpose of preventing fraud and abuse of Obtuse Jewellery processes, systems, procedures and operations, including conducting internal and external investigations and disciplinary enquiries and hearings.
8.3. Storage and retention and destruction of information
8.3.1. Obtuse Jewellery will ensure that the Data Subject’s Personal Information is stored electronically in a centralised data base, which, for operational reasons, will be accessible to all within Obtuse Jewellery on a need to know and business basis, save that where appropriate, some of the Data Subject’s Personal Information may be retained in hard copy. All such Personal Information will be held and / or stored securely. In this regard Obtuse Jewellery will ensure that it performs regular audits regarding the safety and the security of all Data Subject’s Personal Information.
8.3.2. Once the Data Subject’s Personal Information is no longer required due to the fact that the purpose for which the Personal Information was held has come to an end and expired, such Personal Information will be safely and securely archived for the required prescribed periods or longer should this be required by Obtuse Jewellery. Obtuse Jewellery thereafter will ensure that such Personal Information is permanently destroyed.
8.4. Access by others and cross border transfer
8.4.1. Obtuse Jewellery may from time to time have to disclose a Data Subject’s Personal Information to other parties, including other organs of state, other departments or subsidiaries, product or third party service providers, regulators and or governmental officials, overseas service providers and or agents, but such disclosure will always be subject to an agreement which will be concluded as between Obtuse Jewellery and the party to whom it is disclosing the Data Subject’s Personal Information to, which contractually obliges the recipient of this Personal Information to comply with strict confidentiality and data security conditions.
8.4.2. Where Personal Information and related data is transferred to a country which is situated outside the borders of South Africa, the Data Subject’s Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information is bound contractually to a no lesser set of obligations THAN those imposed by POPIA.
9. MANNER OF ACCESS (Section 51 (1) (e))
9.1. The requester must use the prescribed forms to make the request.
9.2. A person who wants access to the records must complete the necessary request forms that are available at the offices of Obtuse Jewellery, or they can be accessed on email@example.com. The completed request forms must be sent to the address or email address provided in this manual and marked for the attention of the Information Officer.
10. PRESCRIBED FEES (Section 51 (1) (f))
The fee structure is available on the following websites:
South African Human Rights Commission
The Department of Justice and Constitutional Development
11. REFUSAL GROUNDS
11.1. In terms of Sections 62 to 69 of the Act access to a record may be refused on one or more of the following grounds:
11.1.1. Mandatory protection of the privacy of a third party who is a natural person.
11.1.2. Mandatory protection of the commercial information of third party.
11.1.3. Mandatory protection of certain confidential information of a third party.
11.1.4. Mandatory protection of the safety of individuals and the protection of property.
11.1.5. Mandatory protection of records privileged from production in legal proceedings.
11.1.6. The commercial information of Obtuse Jewellery.
11.1.7. Mandatory protection of research information of third party.
11.2. Despite any provisions of the Act, a request must be granted if the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with, the law or imminent and serious public safety or environmental risk, and the public interest in the disclosure of the record clearly outweighs the harm contemplated.
12. AVAILABILITY OF THE MANUAL
Copies of the manual are available for inspection, free of charge, at the offices of Obtuse Jewellery, from the South African Human Rights Commission and at firstname.lastname@example.org.
13. CONTACT DETAILS (Section 51(1)(a))
Head of Business Lynne Avis
Information Officer Lynne Avis
Physical Address 105 Hope Street
Telephone Number 072 969 5979
Email Address email@example.com
Date of Completion: 1 July 2021