1. Keeping your data safe

1.1. Certo Sports Proprietary Limited takes your privacy seriously and is committed to being fair and transparent about how we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, consult, use and share your Personal Information in the manner set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information (with “Process” having a corresponding meaning).

1.2. This Privacy Policy sets out how we Process your Personal Information as well as your rights in relation thereto. If you have any queries or would like any further information relating to this Privacy Policy or about exercising any of your rights, please contact us on the Website. It is important for you to read this Privacy Policy together with the Terms and Conditions displayed on the Website as well as any other additional policies which may be published on the Website from time to time, it being recorded that words defined in the Terms and Conditions have the same meaning in this Privacy Policy.

All the provisions of this Privacy Policy are important, but please pay special attention to the parts that are in bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and, where necessary, to explain their fact, nature and effect.

Where explanations are given, they may be contained in a box. Such boxed explanations are aids to understanding only and are not provisions themselves. They do not limit the meaning or application of the provisions, and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.

1.3. By agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may Process your Personal Information.

1.4. If you do not agree with this Privacy Policy or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website or our related products/services.

1.5. If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Website or any other related platform or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Website and/or related platforms.

In the paragraph above you expressly give your permission to us to Process your Personal Information in the manner and for the purposes set out in this Privacy Policy. By doing this, you know and accept that you are giving up certain parts of your right to privacy.

2. What Personal Information do we Process?

2.1. The Personal Information that we Process about you may include: your name, surname, email address, physical address, gender, mobile phone number, identification number, online identifiers and date of birth (“Personal Information”). We collect this Personal Information from you when you:

2.1.1. contact us by phone, email or in writing;

2.1.2. request information regarding our products and/or services via email, telephone or submitting a form through our website;

2.1.3. make use of our Website to order and/or otherwise purchase our products and/ or related services;

2.1.4. set up an account with us;

2.1.5. sign up to receive communications from us;

2.1.6. complete a customer satisfaction survey; and/or

2.1.7. enter a competition promoted on our website.

2.2. In addition to the Personal Information contemplated above, we may also automatically collect traffic data, location data and information derived from web logs and other communication data and related resources when you visit our Website.

3. How do we use your Personal Information?

3.1. We Process Personal Information for certain legitimate business purposes, which may include:

3.1.1. providing products and/or services to you;

3.1.2. fulfilling our contractual agreements with you;

3.1.3. communicating with you in relation to the potential provision of products and/or services;

3.1.4. creating an account and invoicing for products and/or services provided to you;

3.1.5. providing you with industry information, surveys, newsletters, offers, promotions, related products and/or services which may be of interest to you;

3.1.6. communicating with you in relation to any complaints, issues or disputes;

3.1.7. analysing marketing data, promotional campaigns or website visits in order to make improvements to our products and/or services; and/or

3.1.8. requesting customer feedback relating to the provision of our products and/or services.

You have the right to object to the processing of your personal data as contemplated below in section 10 (Your Rights). You also have the right to change your preferences or unsubscribe from any marketing communications from us. Every communication we send will give you the opportunity to opt-out or select the products and/ or services that you are interested in.

4. How do we use your Personal Information?

4.1. Your Personal Information will only be accessed in accordance with this Privacy Policy and by those who have a legitimate interest. This may on occasion mean that your Personal Information will be shared with a trusted third party in the course of fulfilling our contractual obligations to you, for example:

4.1.1. associate consultants when providing our products and/or services to you;

4.1.2. our trading partners to enable provision of quotations or to deliver agreed products and/or services to you;

4.1.3. our IT and CRM support service providers in connection with maintaining our systems and continuation of services to you;

4.1.4. our employees, in order to enable them to assist us to interact with you via our Website for the ordering of goods or when delivering goods to you; and

4.1.5. law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.

4.2. Where we engage third parties to Process Personal Information on our behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of the relevant Personal Information.

5. Where do we store your Personal Information?

5.1. We take appropriate reasonable technical and organisational measures to secure the integrity of Personal Information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.

5.2. Please note that, even by taking the above measures when Processing Personal Information, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of data transmitted to our website.

5.3. Any transmission is at your own risk, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of Personal Information. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.

In this paragraph, you acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your Personal Information will not be secure when Processed by means of technology. We do not promise that we can keep your Personal Information completely secure. You will not be able to take action against us if you suffer losses or damages in these circumstances.

6. How long will we keep your Personal Information?

We may keep your Personal Information for as long as you continue to access our Website and where we have identified a legitimate business interest; in order to communicate with you regarding any of our products and/or services that may be of interest to you. You may change your preferences at any time or unsubscribe by clicking on the link provided on our communications. You may also exercise your right to unsubscribe at any time by contacting us on our Website.

7. Changes to this Privacy Policy

To the extent allowed by law, this Privacy Policy may be updated or amended by us at any time in our sole discretion, provided that if we do so, we will post the revised policy on this website and take reasonably practicable steps to ensure that you are aware of the updated Privacy Policy. Accordingly, please check this Privacy Policy for changes periodically. If you continue to access or use the Website, products and/or related services after amendments are made and displayed, you will be deemed to have accepted these changes.

8. Third party sites

8.1. To the extent allowed by law, we are not responsible for the privacy practices of a third party site to which there may be a link on our Website, or for any claims, loss or damage arising from these.

8.2. We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.

We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from our website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.

9. Consumer Protection Act, Protection of Personal Information Act and other laws

If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, the Protection of Personal Information Act 4 of 2013 (“POPIA”) or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.

10. Your Rights

10.1. You have various rights with respect to our use of your Personal Information, these include:

10.1.1. accessing and obtaining a copy of your Personal Information on request;

10.1.2. require the organisation to change incorrect or incomplete Personal Information; and/or

10.1.3. require the organisation to delete or stop Processing your data;

10.1.4. the right to be notified should there be any unauthorised access of your Personal Information; and

10.1.5. the right to be provided with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.

10.2. If you would like to exercise any of these rights, please contact us on the Website.

11. General

11.1. You agree that this Privacy Policy, our relationship and any dispute of whatsoever nature relating to or arising out of this Privacy Policy whether directly or indirectly, shall be governed by the laws of the Republic of South Africa.

11.2. You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this Privacy Policy without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any of our affiliates or to any person which acquires all or part of our business and/or assets. We may also sub-contract our obligations without your consent and we do not have to notify you if we sub-contract any of our obligations.

11.3. Subject to 2, this Privacy Policy shall apply for the benefit of and be binding on each party’s successors and assigns.

11.4. Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.

11.5. Each provision of this Privacy Policy, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of this Privacy Policy, or part of a provision, is found by a court or authority of competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), it must be treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will still be valid and enforceable

12. Queries

If you have questions about our Privacy Policy, please contact us at on the Website.
You will have a right to lodge a complaint to the Information Regulator (inforeg@justice.gov.za) for any contravention of POPIA.

This privacy policy was last updated in February 2022.