- Dustgear respect Users’ Privacy and will take reasonable measures to protect it, as more fully detailed below.
- Dustgear may require the User to provide Dustgear with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth.
- Should the User’s personal information change, please inform Dustgear and provide Dustgear with the updates within 7 days to enable Dustgear to update the User’s personal information.
- Users may choose to provide additional personal information to Dustgear, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.
- Dustgear asks each of its Users to abide by all applicable laws, rules and regulations, as Dustgear promise its Users that Dustgear will do ourselves.
- The “Products” and “Services” are the products and related services, as defined in the Dustgear Master Terms and Conditions.
By using Dustgear and its Website and/or App, the Users consent to the transfer of the User’s personal data. Subject to the below, Dustgear will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:
- Dustgear uses that information for several purposes: to register the User’s for inclusion in our Service; to fulfil the User’s request; to contact Users if Dustgear need to obtain or provide additional information; to verify the accuracy of our records; or to contact Users regarding customer satisfaction surveys;
- in relation to the ordering, sale and delivery of Products and Services;
- to contact Users regarding current or new Products or Services or any other Products offered by Dustgear (unless Users have opted out from receiving marketing material from Dustgear);
- to inform Users of new features, special offers and promotional competitions offered by Dustgear (unless Users have opted out from receiving marketing material from Dustgear);
- to improve our Products, Services and Users selection and the User’s experience on our Website and/or App by, for example, monitoring the User’s browsing habits, or tracking the User’s sales on the Website and/or App;
- collect certain technical information, such as the browser version and operating system;
- disclose the User’s personal information to any third party other than as set out below:
- to our employees and/or third-party Service providers who assist Dustgear to interact with Users via our Website and/or App, or any other method, for the ordering of Products or Services and thus need to know the User’s personal information in order to assist Dustgear to communicate with Users properly and efficiently;
- to our Users (including their employees and/or third party Service providers) in order for them to interact directly with Users via email or any other method for purposes of delivering additional services and/or products, sending Users marketing material regarding any current or new Products or Services, new features, special offers or promotional items offered by them (unless Users have opted out from receiving marketing material from Dustgear);
- to our Service providers (under contract with Dustgear) 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 the User’s information in connection with the Services they perform for Dustgear and not for their own benefit;
- to our suppliers in order for them to liaise directly with Users in the event of Users submitting a warranty claim regarding any Products or Services Users have purchased which requires their involvement. From time to time Dustgear may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional demographic, non-personally identifiable information. The Users’ participation in a survey is always voluntary, and Users therefore have a choice as to whether or not to provide the requested survey information. Dustgear uses the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market.
- Dustgear is entitled to use or disclose the User’s 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 Dustgear, or to protect and defend our rights or property.
- Dustgear will ensure that all of our employees, third party Service providers, divisions and partners (including their employees and third-party Service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information.
Dustgear will –
- treat the User’s personal information as strictly confidential, save where Dustgear is entitled to share it as set out in this Policy;
- take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- provide Users with access to the User’s personal information to view and/or update personal details;
- promptly notify Users if Dustgear become aware of any unauthorised use, disclosure or processing of the User’s personal information;
- provide Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request;
- upon the User’s request, promptly return or destroy any and all of the User’s personal information in our possession or control, save for that which Dustgear are legally obliged to retain;
- Dustgear will not retain the User’s personal information longer than the period for which it was originally needed, unless Dustgear is required by law to do so, or Users consent to Dustgear retaining such information for a longer period;
- Dustgear undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless Dustgear is compelled to do so by law. In particular, in the event of a fraudulent online payment, Dustgear 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;
- Whilst Dustgear will do all things reasonably necessary to protect the User’s rights of Privacy, Dustgear cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s 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;
- Cross-Border Transfer for Users: The personal information from Users may be stored and processed in any country where Dustgear has facilities or where the Products from its Users originate, and by using the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country;
- Children and Privacy. The Dustgear Website and/or App does not offer information intended to attract children. Dustgear does not knowingly solicit personal information from children under the age of 14;
- Your right to access information. The User and User have the right to request a copy of the personal information we hold about the User and/or User. To do so, simply email Dustgear on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. Dustgear will take all reasonable steps to confirm the User and/or User’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee;
- Correction of information. The User and/or User has the right to ask Dustgear to update, correct or delete its personal information. The User and/or User may do this by contacting Dustgear at the numbers/addresses provided below. Dustgear will take all reasonable steps to confirm the of the User and/or User’s identity before making changes to personal information we may hold about it;
- Dustgear’s POPI contacts. If the User and/or User have questions about this Policy, believe Dustgear has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct personal information, please contact Dustgear at the following numbers/addresses:
Tel: +27 (0)82 873 7488
- Dustgear uses reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.
- If Users have reason to believe that the User’s interaction with Dustgear is no longer secure (for example, if Users feel that the security of any account Users might have with Dustgear has been compromised), please immediately notify Dustgear of the problem by contacting Dustgear in accordance with the “Contact Us” section.
- This Website and/or App makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website and/or App can use (and which Dustgear may use) to recognise repeat Users, facilitate the User’s on-going access to and use of a Website and/or App and allow a Website and/or App to track usage behaviour and compile aggregate data that will allow the Website and/or App operator to improve the functionality of the Website and/or App and its content.
- Please note that cookies may be necessary to provide Users with certain features available on our Website and/or App, and thus if Users disable the cookies on the User’s browser Users may not be able to use those features, and the User’s access to our Website and/or App will therefore be limited. If Users do not disable “cookies”, Users are deemed to consent to our use of any personal information collected using those cookies.
- The use of the Website and/or App is entirely at the User’s own risk and Users assume full responsibility for any risk or loss resulting from use of the Website and/or App or reliance on any information on the Website and/or App.
- Whilst Dustgear takes reasonable measures to ensure that the content of the Website and/or App is accurate and complete, Dustgear makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website and/or App or as to the accuracy, completeness or reliability of any information on the Website and/or App. If any such representations or warranties are made by Dustgear’s representatives, Dustgear will not be bound thereby.
- Dustgear disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or App and/or any content therein unless otherwise provided by law.
- Although Products sold from the Website and/or App by Users may, under certain specifically defined circumstances, be under warranty, the Website and/or App itself and all information provided on the Website and/or App is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website and/or App are not necessarily the views of Dustgear, its directors, employees and/or agents.
AVAILABILITY AND TERMINATION
- Dustgear will use reasonable endeavors to maintain the availability of the Website and/or App, except during scheduled maintenance periods, and are entitled to discontinue providing the Website and/or App or any part thereof with or without notice to Users.
- Dustgear may in its sole discretion suspend and modify this Website and/or App, with or without notice to Users. You agree that Dustgear will not be liable to Users in the event that it chooses to suspend, modify or terminate this Website and/or App other than for processing any orders made by Users prior to such time, to the extent possible.
- Dustgear is entitled, for purposes of preventing suspected fraud and/or where it suspects that Users are abusing the Website and/or App and/or have created multiple User profiles to take advantage, to blacklist Users on its database (including suspending or terminating the User’s access to the Website and/or App), refuse to accept or process payment on any order, and/or to cancel any order concluded between Users and Dustgear, in whole or in part, on notice to Users and accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order for the Dustgear Services or through a User.
GOVERNING LAW AND JURISDICTION
- In the event of any dispute arising between Users and Dustgear, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- You hereby select the physical address specified with the User’s invoice as the User’s legal address, but Users may change it to any other physical address by giving Dustgear not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post or email. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.
- Any failure on the part of Users or Dustgear to enforce any right in terms hereof will not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- No other warranty or undertaking is valid, unless contained in this document between the parties.