Privacy Policy

WEBSITE PRIVACY POLICY

Last Updated: April 2021

We are committed to protecting your privacy and complying with applicable data protection and privacy laws. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to this Website (“Site”) and are subject to the Website Terms and Conditions of Use, unless different terms are specified in a form or contract provided to you by tomu.co.za (“the Company”) either online or offline.

By using this Site, you understand and agree to the terms of this policy. This Site is owned and operated by The Company (“us”, “we”, “our”). The Site is intended for use by a South African, but may be accessed both in South Africa and abroad. For data protection purposes, the Company is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained indefinitely, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

1. Collection of Your Personal Information

1. When you visit this Site, certain kinds of information, such as the Website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the Site’s operation. We may also collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Site.
2. We may combine your visit and navigational information with the personal information that you provide. You may always choose not to provide personal information, but, if you so choose, certain products and services may not be available to you.
3. Personal information (e.g. your name and contact details) is collected when you choose to interact with us via the Site such as, for example, contacting us or requesting information as well as when making payment through our authorised payment portal, Peach Payment.

2. Use of Your Personal Information

1. We collect and use your personal information to operate and improve the Site, to provide services and information to you, to better understand our customers, to provide better products and services, to display content that is customised to your location and preferences, to assist us with Site administration, to sell and receive payment of goods, to deliver goods and related activities such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by the Company to enforce the Website Terms and Conditions of Use and other terms or conditions applicable to any portion of the Site.
2. We may also use your contact information to enable ourselves to communicate with you. We may send transaction-related communications. We may also send you newsletters or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you should follow the “unsubscribe” instructions included within each communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation e-mails and account statements), where applicable.
3. We may, for marketing purposes, disclose aggregate statistics (information about the user population in general terms) about your personal information to our advertisers, suppliers, affiliates or business partners.
4. Personal information collected by us may be stored and processed in South Africa or any other country in which we or our service providers, suppliers or agents maintain facilities and, by using this Site, you consent to any such transfer of information outside of your country.

3. Sharing of Your Personal Information

1. Except as disclosed in this privacy policy, we do not share your personal information with any outside parties.
2. We may share your personal information with service providers who perform services on our behalf or suppliers who supply goods. Those companies or persons will be permitted to obtain only the personal information they need to provide the service or goods. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
3. Information about our users, including personal information, may be disclosed as part of any merger, acquisition, or sale of the Company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the Company. We may notify you of such an occurrence as described in clause 13 below.
4. We reserve the right to disclose your personal information, without notice, if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our Company, employees, users, or the public.

4. Security of Your Personal Information

Whilst we cannot guarantee the absolute security of your personal information, we take all commercially reasonable steps and measures to keep it secure and protect it from loss, misuse, unauthorised access or disclosure by following generally accepted security policies and rules. However, we cannot and do not accept any liability whatsoever for any unauthorised access or loss of personal information despite our best endeavours.

5. Personal Information Preferences

1. We respect your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by sending an e-mail to sales@tomu.co.za.
2. If you choose not to receive marketing communications please be advised that you may continue to receive transactional or account communications (e.g. confirmation e-mails and account statements), where applicable.
3. All emails sent by us to your nominated email address are assumed received. If you have not received an expected from us, kindly contact us by email at the following address: sales@tomu.co.za

6. Access to Your Personal Information

1. You can write to the Company at any time to obtain details of the personal information we may hold about you at the following address: sales@tomu.co.za
2. Please quote your name and address and a brief description of the information you want a copy of to enable us more readily to locate your data.
3. We will take all reasonable steps to confirm your identity before providing you with details of any personal information we may hold about you.
4. We may charge a fee to cover the reasonable administration costs involved.

7. Use of Cookies and Other

1. The Company may use “cookies” to enable you to sign in to our services and to help personalise your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information that can later be read by a Web server in the domain that issued the cookie to you. The information that cookies collect may include the date and time of your visit, information that you provided when subscribing to communication or signing up for a service, and your navigational history.
2. In some cases, our third-party service providers may use cookies on our Site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by the Company only, and does not cover the use of cookies by third parties.
3. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use any interactive features of our Site and services that depend on cookies.
4. In addition to cookies, we may use other technologies, including single-pixel images on our Site and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

8. E-Mail Monitoring

We provide e-mail addresses on the Site which enable you to contact us. In order to check for viruses and the presence of inappropriate content, we reserve the right to intercept, monitor and inspect all material and information transmitted over our system.

9. Minors

We do not intend to offer services to or solicit or collect personal information from anyone under the age of 18. If you are under 18, or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the consent and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and shall assume liability and be responsible for you and all your obligations under these Terms and Conditions.

10. Links

We may link to Websites that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

11. Disclaimers

1. The Company intends to take commercially reasonable precautions to abide by this privacy policy. Nevertheless, in the event that we do not comply with all terms contained in this privacy policy, you agree, by using this Site and by submitting information to this Site, that your sole and exclusive remedy against the Company will be to have us promptly correct the handling of your information in the future to accord with this privacy policy and to notify anyone to whom the Company directly transferred any information of the correct information or to cease using such information.
2. To the maximum extent allowed by law, the Company, its subsidiaries, affiliates, and divisions disclaim any other obligation, liability, or warranty to you for any other action, inaction, omission, or other activity that is not in accordance with this privacy policy.
3. Under no circumstances shall the Company, its subsidiaries, affiliates and divisions, or their suppliers or licensors be liable for any direct, special, incidental, indirect, economic, consequential or punitive damages (including, without limitation, loss of data or loss of use damages or lost profits) arising out of or connected with this privacy policy, or the failure of the Company, its subsidiaries, affiliates and divisions, or their suppliers or licensors to adhere to it, even if the Company, its subsidiaries, affiliates and divisions, or their suppliers or licensors have been notified of the possibility of any damages. This section shall only apply to the maximum extent permitted by applicable law.

12. Applicable Law and Jurisdiction

This privacy policy is governed by and will be interpreted according to the laws of the Republic of South Africa, and all disputes, claims and other matters in connection with this privacy policy will be determined in accordance with such laws.

13. Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “Last Updated” date at the top of the policy. If there are material changes to this statement or in how we will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an e-mail. We encourage you to review this policy whenever you visit our Site.

14. Contact Information

If you have questions or concerns regarding this privacy policy or if, for some reason, you believe the Company has not adhered to these principles, please contact us by e-mailing sales@tomu.co.za or by phoning +27 87 159 5055.