Privacy policy

Privacy Policy

We are an online shop that markets, promotes and sells products on our website. This Privacy Policy pertains to all users of our website referred to as "our Platform," which are utilized for accessing and purchasing products and services offered by JAG Ventures (Pty) Ltd trading as thecreated.co.za, hereinafter referred to as "The Created." The purpose of this Privacy Policy is to outline how, why, and when The Created utilizes your Personal Information in compliance with the Protection of Personal Information Act 4 of 2013 ("POPI").

It is essential to read this Privacy Policy in conjunction with our other terms and conditions, privacy notices, or policies that we may provide when collecting or using your Personal Information.

We recognize the importance of protecting your privacy and take the protection of Personal Information very seriously. We aim to provide excellent service every time you interact with us, which necessitates the use of some of your Personal Information. This Privacy Policy outlines how we handle the Personal Information that we collect from you. By using our Platforms, you agree to the processing of your Personal Information as described in this Privacy Policy.

  1. Definitions
  • "Personal Information" and "process/processing" have the same meanings as defined in POPI.
  • "We," "us," or "our" refers to The Created.
  • "You" and "your" refer to any person who accesses or uses our Platform, also referred to as a user.
  • "Registered user(s)" refers to anyone who has registered on our website and has a password and other Personal Information for ordering goods on our Platform.
  1. Personal Information that We Collect and Process

“Personal Information” shall mean any information of a personal nature by which you can be identified such as your name and surname, physical address, billing address, email address, telephone number, home country, postal code, gender, age, financial details, and/or company name, business information and VAT number.

If your Personal Information changes, or you wish to amend or correct it, you can do so by updating your registered user information in your account profile. You warrant that the information you provide is accurate, current, true, and does not impersonate or misrepresent any person or entity. 7

The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain services available to you on the Website and if you do not wish to supply such Personal Information

2.1 Information from Using Our Platform

When you access our Platform, whether or not you are a registered user, we process some of your Personal Information. Depending on how you access and use our Platform, we may receive:

  • Log information, including details about how, when, and for how long you use our Platform, the content you view, and search queries you submit.
  • Information about the equipment you use to access our Platform, such as device type, browser or operating system, and your Internet Protocol address.
  • Geographic location information, including your device's global positioning system signal and nearby Wi-Fi networks and cell towers when using location-enabled services.
  • Other information about you from third parties, such as social media.
  • Information that you provide by filling in forms on the Website.
  • We may ask you to complete surveys that we use for research and forecasting purposes, although you do not have to respond to them.
  • We may also collect information (which may include Personal Information) that our users provide, such as reviews, although such information is voluntary.
  • If you contact us, we may keep a record of that correspondence.

2.2 Information We Obtain from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies who support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
  • When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices.

 2.3 Why Do We Process Your Personal Information?

We process the Personal Information we collect to:

  • Identify you.
  • Verify your identity.
  • Create a user account for you.
  • Enter into a contract with you.

As a registered user, we also process your Personal Information to:

  • Fulfill our contractual obligations when you order goods for delivery and process returns.
  • Provide information, products, or services you request from us.
  • Communicate with you regarding our Platform and provide information, products, or services, including billing, customer support, complaint resolution, and quality control.
  • Notify you of changes to our Platform, services, products, terms and conditions, privacy policy, or other relevant updates.
  • Send you information about competitions, products, or services that may interest you (unless you opt out).
  • Collect feedback from you to improve our products, services, and business.
  • Comply with legal or regulatory obligations, such as tax or financial laws.
  • Undertake research and statistical purposes, with aggregated data that does not identify you.

2.4 Children Below the Age of 18

If you are under the age of 18, you must obtain permission from your parent or guardian before using our Platform or providing your Personal Information. We may verify this permission by requesting your parent's or guardian's contact details. If we are unable to verify this permission or if a parent or guardian confirms that you do not have their consent, you may not use our Platform.

  1. Retention and Restriction of Records

We retain your Personal Information for as long as it is necessary to provide our Platform, products, or services to you, required or allowed by law, necessary to uphold the contract between you and us, or subject to your request for us to stop processing your Personal Information. We will retain your Personal Information until the purpose with the latest retention period expires.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than necessary to achieve the purpose for which the information was initially collected or subsequently processed.

  1. User Tracking and Cookies

When you access and use our Platform, we may utilize various technological tools to enhance your experience through the use of cookies and user tracking. Cookies are small text files placed on your device that do not contain Personal Information but allow us to associate you with a particular device. We use cookies to:

  • Improve the user-friendliness of our Platform.
  • Personalize your interactions with our Platform, tailor services to your interests, and ensure compatibility with your device.
  • Provide relevant advertising, limit ad frequency, and measure ad effectiveness based on your online activities.

We will not use your Personal Information for any other purpose without your permission.

By accessing and using the Platform, you consent to our use of cookies.

  1. Opt Out from Direct Marketing

You have the right to opt out of direct marketing communications via electronic communication methods, such as emails and SMS notifications.

  1. Who Else Gets to Process Your Personal Information

We do not sell your Personal Information to third parties for marketing or other purposes. We may provide or make your Personal Information available to:

  • Our employees and third-party service providers to assist with marketing, ordering, or delivering goods.
  • Law enforcement, government officials, or third parties when necessary to investigate fraud, intellectual property infringements, or illegal activities.
  • Third parties in the event of reorganization, merger, sale, joint venture, or disposition of our assets.
  • Our service providers, under contract with us, who must treat your Personal Information as confidential.
  1. Sending Your Personal Information Outside South Africa

We may transfer certain Personal Information outside South Africa's geographic borders for data storage and backup purposes. When we do so, we comply with lawful transfer requirements as set out in POPI.

By accessing and using our Platform, you consent to the transfer of your Personal Information outside South Africa as detailed in POPI.

  1. Securing Your Personal Information

We secure the integrity and confidentiality of your Personal Information by implementing appropriate technical and organizational measures to prevent loss, damage, unauthorized destruction, unlawful access, or processing. Our policies, controls, and procedures cover physical, technical, and network security, access controls, secure storage, Personal Information breach reporting, and more.

Should you disclose your Personal Information to any third party other than The Created, we are not liable for any loss or damage arising from the disclosure, as we do not regulate how third parties use your Personal Information.

  1. Know Your Rights

You have the right to:

  • View, correct, and amend your Personal Information.
  • Request a record or description of your Personal Information (fees may apply).
  • Request the correction, destruction, or deletion of your Personal Information.
  • Have us comply with your requests unless we have a valid reason not to.
  • Be informed of any changes to your Personal Information.
  • Be notified of unauthorized access to your Personal Information.
  • Receive reasonable evidence of our compliance with this policy.
  • Submit a complaint to the Information Regulator.
  1. How to Lodge a Complaint with the Information Regulator

If you have complaints about this Privacy Policy or our compliance with it, you can lodge a complaint with the Information Regulator. Contact details are available on their website at  https://justice.gov.za/inforeg/.

Updates to this Privacy Policy

This version of the Privacy Policy supersedes any previous versions. We may occasionally update this Privacy Policy, and the version posted on our website at the time when you use our Platform will be applicable.