Privacy and Legal

Please Note:

The Privacy Notice (Protection of Personal Information Act- Popi) below is followed below this section by the Legal section.


Privacy Notice

The following Privacy Notice discloses the Privacy practices for Periwinkle Cottages on how we treat personal information we collect through our websites, associated websites, mobile applications, and others.

Overview

At Periwinkle Cottages we take the Protection of Personal Information seriously and we recognise that Privacy is important to you.

The purpose of this Privacy Notice is to describe how we collect, use, store and disclose Personal Information that you provide to us, what we learn about you from your visit to our website, as well as to explain the choices and rights that you as a data subject has regarding your Personal Information.

All references to ‘our’, ‘us’ or ‘we’ within this Privacy Notice are deemed to refer to Periwinkle Cottages Limited (“Periwinkle Cottages”) and its subsidiaries.

Information that is collected

To enable Periwinkle Cottages to provide you with a premium experience when visiting its Sites, it requires up-to-date and correct Personal Information of its customers. Personal Information includes the prescribed information falling within the definitions of Personal or Special Personal Information as set out in the Protection of Personal Information Act, 2013 (“Protected Personal Information”).

Periwinkle Cottages collects, with your consent, personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Periwinkle Cottages also collects anonymous demographic information, which is not unique to you, such as your postal or ZIP code, age, gender, preferences, and interests.

We will not intentionally or knowingly collect Personal Information directly from minors (anyone under the age of 18). The Personal Information of minors will be collected through their legal guardian or parent only where products or services are obtained for the minors.

Use of Personal Information

Periwinkle Cottages will use your Personal Information to operate the websites, provide services, and to inform you of new features, services, and products. Periwinkle Cottages may use your Personal Information for research, statistical and marketing purposes. If we intend to use your Personal Information for a different purpose, Periwinkle Cottages will provide you with the ability to decline this service.

Personal Information sharing and data transfers

We may disclose your Personal Information to third parties where required by law and can include:

  1. to any person that provides services (which services may include verifying, updating and processing Personal Information) to Periwinkle Cottages or acts as Periwinkle Cottages agent or to whom Periwinkle Cottages have transferred or propose to transfer any of its rights and duties in respect of its customers (some of these persons may be located outside of the Republic of South Africa), and share Periwinkle Cottages customers’ Personal Information with Periwinkle Cottages service providers, locally and outside the Republic of South Africa, as necessary. Periwinkle Cottages may ask persons who provide services to Periwinkle Cottages to agree to our Privacy practices and related policies if they need to access any Personal Information to carry out their services;
  2. to Periwinkle Cottages legal advisors, financial advisors, auditors, regulatory authorities or in response to a legal proceedings or to a competent court; and
  3. to Periwinkle Cottages subsidiaries.

We will not share your Personal Information to external organisations that are not our service providers, unless business operations require the processing of your personal information in other countries, either to carry out processing based on your instructions or for ordinary business purposes.

Should we wish to store your information with a third party, who is located outside of South Africa and receives the Personal Information, they will need to comply to either a law, or binding agreement which states that they will provide an adequate level of protection to your Personal Information. This means that they have to agree to lawfully process your Personal Information and protect your Personal Information in the same manner as we do.

Retention of Personal Information

Periwinkle Cottages will not keep your Personal Information beyond the period strictly necessary for the purposes for which it was collected, and in accordance with the Applicable Legislation.

Periwinkle Cottages undertakes, where possible, to anonymise or delete your Personal Information as soon as the purpose and/or the duration of their established retention expire.

Nevertheless, Personal Information may be archived beyond the applicable periods for the purposes of researching, investigating, and prosecuting criminal offenses with the sole purpose of allowing, as needed, the provision of such Personal Information to the judicial authorities, or for other retention obligations, in particular for accounting or fiscal purposes. Archiving implies that this Personal Information will be subject to access restrictions and will no longer be available online but will be retrieved and kept on a secure and independent device.

Use of Cookies

A cookie is a small data file that our server sends to your browser when you visit the site. The use of cookies helps us to assist your use of certain aspects of the site. You can delete cookies at any time or you can set your browser to reject or disable cookies. If you do disable cookies some functions on the site may not work correctly.

We use cookies to personalise content and advertisements, to provide social media features and to analyse traffic to our Sites. We also share information about your use of our Site with our social media, advertising, newsletters and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Security

We take Protection of Personal Information seriously and we take precautions to keep your Personal Information secure. Therefore, with due regard to generally accepted information security and handling practices and procedures we seek to secure the integrity and confidentiality of Personal Information in our possession by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information. However, as the website is accessible via the internet, and the internet is inherently insecure, we cannot guarantee the security of information you send to us online (including that it will not be intercepted). You send information to us online at your own risk.

Your Rights

You have the right and responsibility to ensure that the Personal Information we hold about you is accurate. In the absence of evidence to the contrary, we will assume that the information you provided to us is accurate. At your request, where the law requires us to do so, you can exercise your data subject rights as per the following, subject to verification and validation of your identity:

  • Request access to your Personal Information that Periwinkle Cottages holds about
  • Request rectification of your Personal Information that Periwinkle Cottages holds about you
  • Request erasure, as permitted by law, of your Personal Information that Periwinkle Cottages holds about you
  • Request restriction of processing of your Personal Information
  • Object to processing of Personal Information as permitted by law.

Disclosure

Periwinkle Cottages is the sole owner of the information collected on the Sites. We will not sell, share, or rent this information to others in ways different from what is disclosed in this notice or elsewhere in the Sites contrary to manner described in this notice.

Mandatory Disclosure of Personal Information

Periwinkle Cottages Sites may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with applicable law or with legal process served on Periwinkle Cottages and/or its subsidiaries or the Sites; (b) protect and defend the rights or property of Periwinkle Cottages, or the Sites, and (c) act under exigent circumstances to protect the personal safety of users of goods and services of Periwinkle Cottages, the Sites, or the public.

Third Party Sites

Periwinkle Cottages encourages you to review the Privacy Notice of third party websites and applications (“Third Party Sites”) you choose to link to from Periwinkle Cottages’s Sites so that you understand how those Third Party Sites collect, use and share your information. Periwinkle Cottages is not responsible for the Privacy Notices or other content on Third Party Sites outside of Periwinkle Cottages and the Periwinkle Cottages family of Sites.

Indemnity

You accept that Periwinkle Cottages takes reasonable and practical steps to safeguard Protected Personal Information in its possession. To the fullest extent permissible by law, you hereby indemnify and holds harmless Periwinkle Cottages, its employees and agents against any liability, damages and/or legal action whatsoever and howsoever arising, including negligence on the part of Periwinkle Cottages, its employees or agents and Periwinkle Cottages shall not accept liability for any damages or any type of loss suffered by you when utilizing the services of the Sites and Third Party Sites.

Contact Us

For any questions concerning the treatment of your Personal Information, you can address your request or your complaint directly to:

Address: 475 Sias Oosthuizen Street, Clarens

Tel: 0833269058

periwinkleclarens@gmail.com

https://periwinklecottages.co.za

In the absence of a response from Periwinkle Cottages or if the dispute persists, you have the possibility to lodge a complaint with the South African Information Regulator (please refer to our PAIA manual for further details).

 


Legal

General Disclaimer
This General Disclaimer exclusively governs your use of this Periwinkle Grove Cottages website. If you participate in business transactions with Periwinkle Grove Cottages , you will also be governed by Periwinkle Grove Cottages general terms and conditions and Periwinkle Grove Cottages store regulations. If insurance is procured, the policy terms thereof are also applicable.

A visit to this Periwinkle Grove Cottages website is voluntary. By accessing this Periwinkle Grove Cottages website or using its content, you automatically consent to this General Disclaimer and our Privacy & Cookies Policy and you are legally bound by it. It is therefore important that you read and understand the entire text of the General Disclaimer and our Privacy & Cookies Policy.

Conditions of use
This website is for your own personal use. You may not sell, copy, publish, distribute, transfer, modify, display, reproduce and/or create any derivative works from the information or software on this site, except as expressed set out in these terms and conditions. You also may not redeliver any of the pages, text, images, or content of this site using “framing” or similar technology.

As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited by this General Disclaimer and our Privacy & Cookies Policy.

You may not use this website in any manner that could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website. You may not use any device or software (e.g. viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful) intended to damage or interfere with the proper working of this website or intended to intercept any data or information from this website. You may not attempt to gain unauthorized access to this website or other accounts, computer systems or networks connected to this website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.

Copyright and Trademark policy
All data on this website are the exclusive property of Periwinkle Cottage. In addition, this website and all other items included in or related to this site (including but not limited to know-how, lay-out, drawings and software), is protected or protectable by copyrights, trade mark and/or other proprietary rights which are owned by or licensed to Periwinkle Grove Cottages and protected by law and international copyright treaties. Data from this website may not be used by you in connection with any product or service that is not Periwinkle Grove Cottages’s.

Content policy
The content and software on this website may be used as an information resource or a tool to enter into a business relationship with Periwinkle Grove Cottages . Any other use, including but not limited to copying, adaptation, translation, arrangement, modification, commercial exploitation of the whole or of any part of the content and software of this site in any form and by any means, electronic, mechanical or otherwise, is strictly prohibited unless prior written consent has been given by Periwinkle Grove Cottages . Any infringement of the above may lead to civil or criminal proceedings.

If a Periwinkle Grove Cottages website permits the users to submit and post comments on the website, you acknowledge that you are responsible for the comments you submit and post on this website, and you, and not Periwinkle Grove Cottages , have full responsibility for the comments, including its legality, reliability, appropriateness, originality and copyright.

Any data contained in your comments to this website shall be treated as non-confidential and non-proprietary and may be used, reproduced, distributed and disclosed by Periwinkle Grove Cottages for legitimate purposes without restriction.

Periwinkle Grove Cottages may review or monitor comments that are submitted and posted on its website. However, Periwinkle Grove Cottages is under no obligation to do so and will not assume liability or responsibility for any comments submitted and posted by users to its website. Periwinkle Grove Cottages shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any comments that are submitted and posted. Periwinkle Grove Cottages will disclose to interested parties, the identity of anyone posting unlawful, threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal comments on the website.

Website Disclaimer
Periwinkle Grove Cottages took and takes reasonable care in creating and maintaining this website. However, Periwinkle Grove Cottages provides this website on an ’as is’ basis. Periwinkle Grove Cottages makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the information, content, materials, products, services or software included in or related to this website (including but not limited to inaccuracies in store addresses, availability of space or prices that might figure in this website). The website is not a tool whereby business relationships (like binding offers, rental agreement, insurances) are constituted unless the opposite is clearly indicated as such by Periwinkle Grove Cottages . The user is also aware that the website and/or its content are subject to change or termination without notice. To the full extent permissible by law, Periwinkle Grove Cottages furthermore disclaims all warranties, express or implied, with regard to the quality, fitness for a particular purpose and non-infringement of the content, products or services contained on this website.

Periwinkle Grove Cottages will not be liable for any damages of any kind arising from visiting and consulting this site, including but not limited to direct, indirect, special, incidental, punitive and consequential damages whether arising in contract, tort (including negligence) or otherwise.

Any information or other content downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such information or other content.

In case links are created with other sites, for instance through the use of research tools, Periwinkle Grove Cottages is neither responsible for the content and existence of these other sites nor liable for damage caused by these websites. Anyone who uses these research tools is aware that the internet can contain illicit and/or harmful content and recognizes that Periwinkle Grove Cottages has no control over such illicit or harmful materials.

Interpretation
If any provision of this General Disclaimer for any reason unenforceable, such provision will be deemed replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Periwinkle Grove Cottages failure to act with respect to a breach by you or others does not waive Periwinkle Grove Cottagesright to act with respect to subsequent or similar breaches.

Contact
If you have any questions about Periwinkle Grove Cottages General Disclaimer & Privacy Policy or if you have any requests regarding (the use of) your data (including cessation of use), please contact us.

Disputes
Any dispute involving this Periwinkle Grove Cottages website will be governed by the laws of South Africa. In case of a dispute, only the courts having jurisdiction for the area where the company seat of Periwinkle Grove Cottages is established will be competent. Periwinkle Grove Cottages reserves the right also to bring suit in courts having jurisdiction would the first sentence of this paragraph not exist.