1. We respect your privacy and your personal information and will take reasonable measures to protect it, as fully detailed below.
2. Should you decide to register with or function as a user on an Application orfor the Services, LAMOOLA (PTY) LTD may collect, collate, process, and use the following types of information about you when you use the Application (“personal information”):
1. Information provided by the user.
LAMOOLA (PTY) LTD collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, geo-location, gender, email address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting information, product and service preferences and contact preferences that are not otherwise publicly available); and
2. Information that is collected automatically. LAMOOLA (PTY) LTD receives and stores information which is transmitted automatically from the user’s device when the user browses the Internet or uses an Application. This information includes information from cookies (which are described in clause 11.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-location information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Application such as your browser type and language, access times, and the address from which you arrived at the Application.
3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. LAMOOLA (PTY) LTD is however under no obligation to ensure that your personal information or other information supplied by you is correct.
4. You warrant that the personal information disclosed to LAMOOLA (PTY) LTD, Third Party Providers or the Application is directly from you as the user of the Application or in connection to the Services.
5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
6. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Application and/or the Services, and you have consented to this, but we will not, without your express consent:
1. use your personal information for any purpose other than as set out below:
1. to contact you regarding current or new information, products or Services or any other service offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same contact);
Insert lamoola logo here
2. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out of receiving marketing material from us, possible through same correspondence); and
3. to improve our Services selection and your experience on the Application by, for example, monitoring your browsing habits, or tracking your sales on the Application; or
2. disclose your personal information to any third party other than as set out below:
1. to our employees and/or Third Party Providers who assist us to interact with you via our Applications, email or any other method, for the ordering of their services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through same correspondence with us);
3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms; and
4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
7. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, LAMOOLA (PTY) LTD is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
8. We will ensure that all of our employees, Third Party Providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than LAMOOLA (PTY) LTD’s in relation to your personal information.
9. We will:
1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or
damage, alteration, disclosure or access;
3. provide you with reasonable access to your personal information to view and/or update personal details;
4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Application functionality might be lost if certain personal information is amended or destroyed).
10. We will not retain your personal information longer than the period for which it as originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
11. LAMOOLA (PTY) LTD undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
13. If you disclose your personal information to a Third Party Provider, such as an entity which operates a website linked to an Application or anyone other than LAMOOLA (PTY) LTD, LAMOOLA (PTY) LTD shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the Third Party Provider or any third party. This is because we do not regulate or control how that third party uses your personal
and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Application will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use
of any personal information collected using those cookies, subject to the provisions of these Terms.
15. You are entitled to request access to any of your relevant personal data held by LAMOOLA (PTY) LTD and where such access is necessary for you to exercise and/or protect any of your rights. For any personal data held by any third party, the user must approach that party for the realisation of the user’s personal data rights with them, and not with LAMOOLA (PTY) LTD.