Privacy policy

KRAAL ARTISANS

Website: www.kraalartisans.co.za | Business location: Johannesburg, Gauteng, South Africa

 

1.        Purpose and application

1.1.         This Privacy Policy explains how Kraal Artisans collects, receives, records, organises, stores, updates, retrieves, uses, discloses, transfers, restricts, destroys and otherwise processes personal information in connection with the website situated at www.kraalartisans.co.za, the Kraal Artisans online shop, customer accounts, product enquiries, quotations, invoices, orders, delivery, returns, customer support, marketing, compliance and related business operations.

1.2.         This Policy applies to all customers, prospective customers, website visitors, account users, suppliers, service providers, representatives of juristic persons, delivery recipients, competition entrants, newsletter subscribers, persons who communicate with Kraal Artisans, and any other identifiable natural or juristic person whose personal information is processed by Kraal Artisans.

1.3.         By accessing the Website, creating an account, placing an order, making payment, accepting delivery, requesting a return, subscribing to marketing, communicating with Kraal Artisans or otherwise providing personal information to us, you acknowledge that you have read and understood this Policy.

1.4.         Where processing is based on consent, you may withdraw your consent at any time, subject to any lawful ground that permits or requires Kraal Artisans to continue processing the relevant personal information.

1.5.         Nothing in this Policy is intended to limit, exclude or avoid any right that a data subject may have under applicable law.

2.             Definitions

2.1.         “Applicable law” means all South African laws applicable to privacy, personal information, electronic communications, e-commerce, consumer protection, taxation, record-keeping, environmental compliance, biodiversity, wildlife trade, courier delivery and business operations.

2.2.          “Customer” means a person who accesses the Website, makes an enquiry, creates an account, places an order, purchases a product, receives a delivery, requests a return, or otherwise deals with Kraal Artisans.

2.3.          “Data subject” means the person to whom personal information relates, including a natural person and, where applicable under POPIA, a juristic person.

2.4.          “Operator” means any person or entity that processes personal information for or on behalf of Kraal Artisans under a contract or mandate, including hosting providers, payment service providers, couriers, IT service providers, marketing platforms and professional advisers.

2.5.          “Personal information” has the meaning given to that term in POPIA and includes information relating to an identifiable natural or juristic person.

2.6.          “POPIA” means the Protection of Personal Information Act 4 of 2013, including its regulations and any applicable guidance issued by the Information Regulator.

2.7.          “Processing” means any operation or activity concerning personal information, including collection, receipt, recording, storage, use, disclosure, transfer, restriction, deletion and destruction.

2.8.          “Products” means the products sold or offered by Kraal Artisans, including artisan decor, decorative skulls and horns, animal skin carpets, hides, leather products, wooden kitchen boards, wooden serving boards and related luxury goods.

2.9.          “Website” means www.kraalartisans.co.za and any related online store, checkout page, catalogue, social media shop, order form or digital sales channel operated under the Kraal Artisans name.

3.             Responsible party and Information Officer

3.1.         For purposes of POPIA, Kraal Artisans is the responsible party in respect of personal information that it determines the purpose of and means for processing.

3.2.         The Information Officer of Kraal Artisans is responsible for encouraging compliance with POPIA, dealing with privacy requests, working with the Information Regulator where required, and ensuring that appropriate internal privacy procedures are maintained.

3.3.         Any privacy request, access request, correction request, deletion request, objection, complaint, consent withdrawal or direct marketing opt-out may be submitted to the privacy contact details set out in this Policy.

3.4.         Kraal Artisans may appoint operators to process personal information on its behalf. Kraal Artisans will take reasonable steps to require such operators to process personal information only with the knowledge or authorisation of Kraal Artisans and to maintain appropriate confidentiality and security safeguards.

4.             Categories of personal information processed

4.1.         Kraal Artisans may process the categories of personal information reasonably required for its business, e-commerce, delivery, customer support and legal compliance operations.

4.2.         The categories of personal information may include the following:

 

4.3.         Kraal Artisans collects only such personal information as is reasonably necessary, relevant and adequate for the purposes for which it is processed, subject to applicable law.

4.4.         You must not provide personal information belonging to another person unless you are authorised to do so.

5.             Special personal information and children

5.1.         Kraal Artisans does not intentionally request or require special personal information, including information concerning religious beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life, biometric information or criminal behaviour, unless such information is strictly required by law or voluntarily supplied in a context where it is relevant.

5.2.         Customers are requested not to send unnecessary special personal information to Kraal Artisans through website forms, e-mail, WhatsApp, reviews or social media messages.

5.3.         The Website is not directed at children. A person under the age of 18 may use the Website or place an order only with the involvement, consent and supervision of a competent parent or legal guardian.

5.4.         Kraal Artisans does not intentionally process personal information of children except where a parent or legal guardian supplies such information for delivery, gifting, support, account administration or another lawful and appropriate purpose.

5.5.         If Kraal Artisans becomes aware that personal information of a child has been submitted without the required consent or lawful basis, Kraal Artisans may delete, restrict or de-identify such information, subject to any lawful retention obligation.

6.             Sources of personal information

6.1.         Kraal Artisans may collect personal information directly from you when you access the Website, create an account, complete a form, request a quotation, place an order, make payment, communicate with us, subscribe to marketing, submit a review, request a return or participate in any promotion.

6.2.         Kraal Artisans may also receive personal information from payment service providers, courier companies, fraud screening providers, website analytics providers, social media platforms, suppliers, professional advisers, public registers, regulators, law enforcement authorities, and persons acting on your behalf.

6.3.         Where personal information is collected from a third party, Kraal Artisans will process it only where there is a lawful basis to do so.

7.             Purposes for processing personal information

7.1.         Kraal Artisans processes personal information for lawful and legitimate business purposes, including the following:

7.1.1.    to operate, maintain, secure, improve and administer the Website and online store;

7.1.2.    to create and manage customer accounts and customer profiles;

7.1.3.    to respond to product enquiries, quotation requests, customer support requests and complaints;

7.1.4.    to process orders, payments, invoices, confirmations, receipts, refunds, credits and exchanges;

7.1.5.    to arrange packaging, courier delivery, collection, tracking, delivery confirmation, insurance and delivery-related communication;

7.1.6.    to manage returns, refunds, product inspections, courier damage claims, warranty claims and disputes;

7.1.7.    to verify identity, payment authority, address details and transaction legitimacy where reasonably required;

7.1.8.    to prevent, detect and investigate fraud, chargebacks, unauthorised transactions, cyber incidents, abuse of the Website or unlawful conduct;

7.1.9.    to comply with tax, accounting, consumer protection, e-commerce, privacy, environmental, biodiversity, conservation, customs, permit, product provenance, record-keeping and other legal obligations;

7.1.10. to support lawful sourcing, sale, transport, documentation and traceability of animal-derived Products where applicable;

7.1.11. to send order updates, transactional notices, policy updates, service messages and important customer communications;

7.1.12. to send direct marketing communications where permitted by law and subject to opt-out rights;

7.1.13. to run promotions, competitions, surveys, loyalty arrangements or customer engagement activities where applicable;

7.1.14. to analyse Website usage, customer preferences, product interest, Website performance and business trends;

7.1.15. to protect the rights, property, safety, reputation and lawful interests of Kraal Artisans, its customers, suppliers and service providers;

7.1.16. to obtain professional advice, enforce agreements, recover debts, manage legal claims and respond to lawful requests from regulators or authorities; and

7.1.17. to conduct internal business administration, audit, insurance, risk management, governance and record-keeping.

8.             Lawful bases for processing

8.1.         Kraal Artisans processes personal information only where a lawful basis exists. Depending on the context, processing may be based on one or more of the following grounds:

8.1.1.    you, as data subject or competent person, have consented to the processing;

8.1.2.    processing is necessary to conclude or perform a contract with you, including processing an order, payment, delivery, return or refund;

8.1.3.    processing complies with an obligation imposed by law on Kraal Artisans;

8.1.4.    processing protects a legitimate interest of you, Kraal Artisans or a third party

8.1.5.    processing is necessary for the proper performance of a public law duty by a public body where applicable; or

8.1.6.    processing is permitted by another lawful ground recognised under POPIA or applicable law.

8.2.         Where Kraal Artisans relies on consent, such consent may be withdrawn, but withdrawal will not affect the lawfulness of processing that occurred before withdrawal or processing that continues on another lawful ground.

9.             Mandatory and voluntary information

9.1.         The supply of certain personal information is voluntary. However, certain information is mandatory if you wish to use specific Website functions, place an order, make payment, receive delivery, request a refund, receive customer support, or comply with legal requirements.

9.2.         If you do not provide information required for a particular purpose, Kraal Artisans may be unable to provide the requested service, accept an order, process payment, deliver the Product, process a return, issue a refund, investigate a complaint, comply with law or verify your request.

9.3.         Kraal Artisans will endeavour to identify, where reasonably practicable, which information is required and which information is optional.

10.         Payment processing

10.1.      Payments may be processed through third-party payment gateways, banks or payment service providers selected by Kraal Artisans.

10.2.      Kraal Artisans does not intentionally store complete card numbers, CVV codes, online banking credentials or other sensitive payment authentication details. Such information is processed by the relevant payment service provider subject to its own security controls and legal obligations.

10.3.      Kraal Artisans may retain transaction references, payment confirmation, payment status, refund records, limited card metadata where provided by the payment gateway, and records reasonably required for accounting, tax, dispute resolution, fraud prevention and chargeback defenses.

10.4.      A Customer must not use a payment method without authority. Kraal Artisans may process and disclose information reasonably necessary to investigate suspected payment fraud or unauthorised payment activity.

11.         Direct marketing

11.1.      Kraal Artisans may send direct marketing communications relating to its Products, promotions, launches, collections, events, content or services where permitted by law.

11.2.      Electronic direct marketing will be sent only where Kraal Artisans has a lawful basis to do so, including where you have consented or where the communication relates to similar goods or services supplied by Kraal Artisans and the law permits such communication.

11.3.      Every direct marketing communication will, where reasonably practicable, identify Kraal Artisans as the sender and provide a reasonable opportunity to unsubscribe or opt out.

11.4.      You may opt out of direct marketing at any time by using the unsubscribe mechanism in the communication or by contacting Kraal Artisans at the privacy contact details set out in this Policy.

11.5.      Even after opting out of direct marketing, Kraal Artisans may continue to send transactional, operational, legal, security, order, delivery and service communications where lawful and necessary.

12.         Cookies, pixels and analytics

12.1.      The Website may use cookies, pixels, tags, scripts, log files and similar technologies to operate the Website, remember preferences, secure sessions, process carts, improve user experience, measure Website performance, conduct analytics and, where applicable, support marketing.

12.2.      A cookie is a small file stored on your browser or device when you visit a website. Some cookies are essential for the Website to function, while others support analytics, preference management or advertising.

12.3.      You may configure your browser to block or delete cookies. However, blocking essential cookies may impair Website functionality, cart features, checkout, account login or security controls.

12.4.      Where required by law, Kraal Artisans will request consent for non-essential cookies or provide a mechanism to manage cookie preferences.

 

13.         Disclosure and sharing of personal information

13.1.      Kraal Artisans does not sell personal information.

13.2.      Kraal Artisans may share personal information only where lawful and reasonably required for the purposes described in this Policy.

13.3.      Personal information may be shared with the following categories of recipients:

13.3.1.          payment gateways, banks, card processors and fraud screening providers;

13.3.2.          courier companies, logistics providers, packaging providers, collection agents and delivery partners;

13.3.3.          website hosting providers, cloud service providers, IT support providers, cybersecurity providers and e-commerce platform providers;

13.3.4.          e-mail, SMS, WhatsApp, CRM, newsletter, analytics, advertising and customer support platforms;

13.3.5.          accountants, auditors, insurers, attorneys, advocates, debt collectors and other professional advisers;

13.3.6.          suppliers, artisans, manufacturers or provenance record holders where necessary for product fulfilment, product verification, special orders, quality issues or lawful sourcing records;

13.3.7.          regulatory authorities, tax authorities, environmental or conservation authorities, law enforcement, courts, tribunals, ombuds, the Information Regulator and other competent bodies where required or permitted by law;

13.3.8.          prospective purchasers, investors, funders, advisers or successors in title in the event of a proposed or actual business sale, restructuring, merger, acquisition or transfer of assets, subject to appropriate safeguards; and

13.3.9.          any other person where you have consented or where disclosure is otherwise permitted by law.

14.         Cross-border transfers

14.1.      Some operators, e-commerce platforms, payment gateways, cloud providers, analytics providers, marketing providers or technical service providers used by Kraal Artisans may be located outside the Republic of South Africa or may store data on servers located outside South Africa.

14.2.      Kraal Artisans may transfer personal information outside South Africa only where permitted by POPIA, including where the recipient is subject to a law, binding corporate rules or binding agreement that provides an adequate level of protection, where the data subject consents, where the transfer is necessary for contract performance, or where another lawful ground applies.

14.3.      By using the Website or placing an order, you acknowledge that cross-border processing may be necessary for the operation of modern e-commerce, payment processing, hosting, analytics, communication and delivery systems.

15.         Security safeguards

15.1.      Kraal Artisans will take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession or under its control.

15.2.      Such measures may include access controls, password controls, user authentication, secure payment gateways, encryption where appropriate, secure hosting, anti-malware measures, firewalls, staff confidentiality obligations, operator due diligence, backups, incident response procedures and restricted access to records

15.3.      No electronic system, website, e-mail system or internet transmission is completely secure. Kraal Artisans therefore cannot guarantee absolute security, but will take reasonable steps required by law and appropriate to the nature of the information and risk.

15.4.      You are responsible for maintaining the confidentiality of your account details, passwords, devices and access credentials, and must notify Kraal Artisans immediately if you suspect unauthorised access to your account or information.

16.         Security compromises

16.1.      If Kraal Artisans has reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, Kraal Artisans will take reasonable steps to assess, contain and remediate the compromise.

16.2.      Kraal Artisans will notify the Information Regulator and affected data subjects where required by POPIA, unless a public body responsible for prevention, detection or investigation of offences requires delayed notification.

16.3.      Notifications may be made by e-mail, Website notice, direct communication, public communication or any other method permitted by law and appropriate in the circumstances.

17.         Retention of personal information

17.1.      Kraal Artisans will retain personal information only for as long as reasonably necessary for the purpose for which it was collected, for any compatible lawful purpose, or as required or permitted by applicable law.

17.2.      Retention periods may be influenced by tax legislation, accounting requirements, consumer protection obligations, warranty and return periods, delivery disputes, payment disputes, chargebacks, legal prescription periods, product provenance obligations, environmental or conservation compliance requirements, litigation, fraud prevention and operational needs.

17.3.      When personal information is no longer required, Kraal Artisans will take reasonable steps to delete, destroy, de-identify, anonymise or restrict access to it, subject to operational and legal requirements.

17.4.      Backups and archived records may take longer to delete, provided that access is restricted and the information is not actively used except where required for lawful purposes.

 

18.         Data subject rights

18.1.      Subject to POPIA and applicable law, a data subject may have the right to:

18.1.1.          request confirmation whether Kraal Artisans holds personal information about the data subject

18.1.2.          request access to personal information held by Kraal Artisans;

18.1.3.          request correction, deletion or destruction of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained;

18.1.4.          object to the processing of personal information on lawful grounds;

18.1.5.          withdraw consent where processing is based on consent;

18.1.6.          opt out of direct marketing;

18.1.7.          submit a complaint to Kraal Artisans; and

18.1.8.          submit a complaint to the Information Regulator.

18.2.      Kraal Artisans may require reasonable proof of identity and authority before actioning a data subject request.

18.3.      Kraal Artisans may refuse, limit or defer a request where permitted by law, including where disclosure would prejudice the rights of another person, legal privilege, security, fraud prevention, law enforcement, confidential commercial information, or a legal obligation to retain information.

18.4.      Requests must be submitted to the privacy contact details set out in this Policy.

19.         Information Regulator

19.1.      A data subject may lodge a complaint with the Information Regulator if the data subject believes that Kraal Artisans has interfered with the protection of personal information or has failed to comply with POPIA.

19.2.      Information Regulator contact details should be verified on the official website of the Information Regulator before publication. The following placeholders should be completed and checked periodically:

19.2.1.          Website: [insert official Information Regulator website];

19.2.2.          Complaints e-mail: [insert current complaints e-mail address]; and

19.2.3.          General enquiries e-mail: [insert current general enquiries e-mail address].

20.         Third-party websites and social media

20.1.      The Website may contain links to third-party websites, payment pages, social media pages, embedded content or external platforms.

20.2.      Kraal Artisans is not responsible for the privacy practices, security, content, terms or policies of third-party websites or platforms. Customers must review the applicable third-party privacy notices before submitting personal information to such third parties.

20.3.      If you interact with Kraal Artisans on social media, the relevant social media platform may process your personal information in accordance with its own terms and privacy policies.

20.4.      Public comments, tags, reviews or posts made by you on social media may be visible to other persons. You should not disclose personal information publicly unless you accept the risks of doing so.

21.         User-generated content, reviews and photographs

21.1.      If you submit a review, photograph, testimonial, social media tag, unboxing image or other user-generated content to Kraal Artisans, you acknowledge that such content may contain personal information.

21.2.      Kraal Artisans may use, repost, publish or display user-generated content for marketing, customer service and business purposes where lawful, subject to the Terms and Conditions and any consent or rights applicable to such content.

21.3.      You warrant that any user-generated content submitted by you is lawful, truthful, not defamatory, not misleading, and does not infringe the privacy, intellectual property or other rights of any third party.

21.4.      You may request removal of user-generated content containing your personal information, subject to Kraal Artisans’ lawful rights and obligations.

22.         Product compliance and animal-derived Products

22.1.      Because certain Products may include animal-derived materials such as skulls, horns, hides, skins or leather, Kraal Artisans may be required to process personal information for lawful sourcing, supplier verification, provenance records, permit checks, courier restrictions, environmental or conservation compliance, customs, export-related enquiries, law enforcement enquiries or regulator requests.

22.2.      Where a Customer requests cross-border delivery, export documentation, special permits, trade documentation, provenance information, insurance or restricted-product handling, Kraal Artisans may process additional identity, address, transaction and compliance information to assess the request and comply with applicable law.

22.3.      Kraal Artisans may refuse to process an order, delivery or export request if the required personal information or compliance information is not supplied or cannot lawfully be verified.

23.         Automated processing

23.1.      The Website, payment gateway, fraud prevention tools, analytics tools, marketing tools and e-commerce systems may use automated processes to support checkout, payment verification, fraud screening, product recommendations, analytics, cart reminders, marketing segmentation and security monitoring.

23.2.      Kraal Artisans does not intend to make decisions based solely on automated processing which result in unlawful or unjustified adverse legal consequences for a data subject.

23.3.      Where automated fraud or risk controls indicate a potential concern, Kraal Artisans may request further verification, delay dispatch, cancel an order or take other lawful steps to protect the parties.

24.         Accuracy and customer responsibilities

24.1.      You must ensure that the personal information supplied to Kraal Artisans is accurate, complete, current and not misleading.

24.2.      You must update Kraal Artisans promptly if your contact details, delivery address, billing address, account details or other relevant information changes.

24.3.      Kraal Artisans shall not be responsible for failed delivery, incorrect delivery, delayed communication, refund delays, legal compliance issues or other loss arising from inaccurate, incomplete or outdated information supplied by you, except to the extent prohibited by law.

24.4.      You must not submit unlawful, offensive, defamatory, confidential, third-party, excessive or irrelevant personal information through the Website, reviews, social media, WhatsApp, e-mail or any customer support channel.

25.         Access requests and PAIA

25.1.      Requests for access to records may be subject to the Promotion of Access to Information Act 2 of 2000, POPIA and Kraal Artisans’ PAIA manual, where applicable.

25.2.      Kraal Artisans may require use of the prescribed forms, proof of identity, proof of authority, payment of prescribed fees where applicable, and sufficient information to identify the record requested.

25.3.      Kraal Artisans may refuse access to records where permitted or required by law.

26.         Changes to this Policy

26.1.      Kraal Artisans may amend this Policy from time to time to reflect changes in law, business operations, Website functionality, service providers, products, security practices or regulatory requirements.

26.2.      The updated Policy will be published on the Website with the effective date stated above or otherwise made available through reasonable means.

26.3.      Continued use of the Website after publication of an updated Policy constitutes acknowledgement of the updated Policy, subject to any consent requirements imposed by law.

27.         Contact details for privacy matters

27.1.      All privacy-related requests and communications should be directed to:

 

 

27.2.      Kraal Artisans may require verification of identity and authority before responding to any privacy request.

27.3.      Kraal Artisans will endeavour to respond to privacy requests within a reasonable time and in accordance with applicable law.

28.         Publication checklist before website upload

28.1.      Before this Policy is published, Kraal Artisans must complete all placeholders, verify all contact details, insert the current Information Officer details, confirm the e-commerce platform and payment gateway arrangements, confirm whether any international service providers are used, confirm the cookie banner position, and ensure that the Policy is linked conspicuously at checkout and in the Website footer.

28.2.      Kraal Artisans should ensure that this Policy remains consistent with the Terms and Conditions, Return and Refund Policy, Shipping and Delivery Policy, PAIA manual, cookie banner, checkout notices, marketing consent wording and operational practices.