Dolphin Bay Privacy Statement

This Privacy Statement (“Privacy Statement”) applies to how we collect, use and process your personal information when you use any of our services or our website. Please read this privacy statement carefully.  Please note in particular the parts that are in bold writing as these parts might limit our risk or liability, require you to assume risk and liability for certain issues, or to acknowledge certain facts.

Dolphin Bay Chemicals Proprietary Limited (“Dolphin Bay”) is committed to the protection of its consumers’ privacy rights, will treat all personal information collected through this website as strictly private and confidential and will ensure that personal information is collected and processed in line with the provisions of the Protection of Personal Information Act, No. 4 of 2013 (“POPI”).

Terms used in this Privacy Statement shall bear the same meaning as contained in POPI, including, inter alia, the terms “personal information”, “processing” and “consent”.

1. Collection of personal information

Dolphin Bay collects your personal information: (a) directly from you; (b) from other organisations or third parties as appropriate and permitted by law; and (c) where lawful, by using technology to gather information in relation to your use of this website, including information regarding your operating system, browser, domain name, IP address and the like.

The collection of your personal information by means of technology, as contemplated above, may include the use of the technology known as “cookies”.  Should you wish Dolphin Bay not to collect your personal information by means of the use of “cookies”, please disable the allowance of “cookies” in your browser settings.

Personal information may be requested and collected at various locations and on various forms on the website, including but not limited to:

• registration forms for newsletters and other e-mail communications;
• registration for membership to our website;
• when you submit an inquiry via our website;
• when you submit an order for any of our products/services; or
• when you communicate or otherwise interact with us via our website.

You may always select not to submit personal information, however, as a result, you may not be able to access certain of our website’s features and/or functionality.

By continuing to use our website, you consent to the processing, collection, storage, retention and use of the personal information you provide for the purposes set out in this Privacy Statement, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by us. If you do not agree to this Privacy Statement, please do not use our website.

Where you provide us with personal information relating to a third-party data subject (for example, your friends, customers and/or clients), you warrant that you have obtained all necessary consents from such data subject, including the data subject’s consent for you to share such personal information with Dolphin Bay to process. We shall protect, store and process this personal information in the same manner and equal level of security as personal information about you.

2. POPI

This Privacy Statement and the content provided and/or made available on our website are regulated by or subject to POPI and it is not intended that any provision of the terms herein contained contravene any provision of POPI. Therefore, all provisions herein must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI are complied with.

No provision herein:

• does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
• requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
• limits or excludes any warranties or obligations which are implied herein by POPI, or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

 

3. Processing and use of personal information

Dolphin Bay will only process your personal information in a manner that is adequate, relevant and not excessive in the applicable circumstances.  The processing of your personal information will be done for a purpose compatible with the reason for which it was collected, unless agreed to otherwise or as permitted by law.

Dolphin Bay may use your personal information to, inter alia: (a) meet its obligations and responsibilities to you; (b) enhance your experience and use of this website; (c) communicate with you; (d) process your personal information for ordinary business purposes; (d) inform you regarding products and services you might be interested in; and/or (e) comply with applicable laws.

 

4. Disclosure of personal information

Dolphin Bay will only disclose your personal information if: (a) it is required by law, any legal process or a regulatory authority; (b) there is a public duty to disclose such personal information; (c) a legitimate interest requires such disclosure; (d) it is required in order to perform under any agreement concluded between Dolphin Bay and yourself; and/or (e) you consent to such disclosure.

Notwithstanding the generality of the above, Dolphin Bay may share your personal information with, inter alia: (a) its third-party service providers; (b) within its group of companies; (c) with partners or agents involved in delivering any products or services to you; (d) debt collection agencies; and/or (e) law enforcement agencies, regulatory authorities or public authorities (as required by law).  Aforementioned disclosures will take place in line with the provisions of POPI.

Dolphin Bay shall not sell, rent or trade your personal information to any third party.

 

5. Third parties

The website contains content and may contain links to third-party websites, through which other registered users/customers or third parties may gain authorised or unauthorised access to the registered user’s/customer’s personal information. These terms and conditions do not apply to the collection, processing or use of personal data that the registered user/customer has communicated to other registered users/customers and/or third parties. It is in the registered user’s/customer’s best interest to acquaint themselves with the rules of personal data protection, and the protection of privacy applied by other registered users/customers and/or third parties.

 

6. Security

Dolphin Bay implements generally acceptable standards, procedures and processes in order to protect your personal information from loss, unauthorised access and/or destruction. 

Please note that the security of personal information transmitted over the internet can however never be fully guaranteed, except if such transmission has been fully encrypted. Dolphin Bay therefore does not accept responsibility for any loss of, unauthorised access to or destruction of your personal information outside of its control.

 

7. Storing of personal information

All personal information collected by Dolphin Bay is stored securely, with the necessary safeguards put in place to protect its integrity and confidentiality. 

Personal information will be deleted or destroyed if it is no longer needed by Dolphin Bay for the purpose for which it was collected or subsequently processed.

 

8. What rights do you have and how can you assert your rights?

If you have declared your consent regarding certain collecting, processing and use of your personal information, you can revoke this consent at any time with future effect. Further, you can object to the use of your personal information for the purposes of marketing without incurring any costs other than the transmission costs in accordance with the basic tariffs.

Pursuant to the applicable data protection law you have the right to: (i) request access to your personal information; (ii) request rectification of your personal information; (iii) request erasure of your personal information; (iv) to request restriction of processing of your personal information; (v) request data portability; (vi) object to the processing of your personal information (including objection to profiling); and (vii) object to automated decision making (including profiling).

To exercise your rights please contact us as stated under clause 15 (Questions and further information) below.

In case of complaints you also have the right to lodge a complaint with the competent data protection supervisory authority.

 

9. Communications

Dolphin Bay may communicate with you via the personal information provided by yourself (such as telephone numbers or email addresses) for the purposes of announcements, the provisions of further information, informing you of products and services which you may be interested in and the like.

Notwithstanding the generality of the above, Dolphin Bay may from time-to-time email newsletters to you, which newsletters will contain information which you may find useful, including information about products and services which you may be interested in.

You may contact Dolphin Bay at info@dolphinbay.co.za should you wish to unsubscribe from any of the above general communications.  Please note that it is not possible to unsubscribe from communications specific to agreements entered into between yourself and Dolphin Bay.

 

10. Why we need your Personal Information?

We will collate the personal information which you give to us to provide you with services and personalise your use and visits of this website. We may also use such personal information to inform you, the user, about changes in the services/products we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products/services they offer that might interest you. By giving us this personal information, you consent to our use of it for these purposes, including for the purpose of processing your orders and instructions.

In addition to the above, we collect and process your personal information for the following purposes: 

• to communicate requested information to registered users/customers;
• to respond to queries, responses or complaints submitted by registered users/customers;
• to process orders for products/services and for making related decisions including by verifying your identity, credit status, contact details, financial track record and otherwise ascertaining that you qualify for our products/services from time to time;
• to take such actions as may be required to enable and improve your access to and/or use of our products/services and to exercise our rights and comply with our obligations in respect thereof, including by processing and recording your product orders and service requests and transactions, managing your accounts and policies, delivering our products/services to you, communicating with you regarding your use of our products/services and collecting payments you may owe us;
• to ensure that the information we receive and hold about you is accurate, complete and up to date;
• to prevent, investigate and prosecute fraud, money laundering, abuse of our services and other unlawful activities;
• to comply with legal and regulatory requirements, for audit purposes and legal proceedings;
• to conduct market research and business analysis, understand your preferences, learn more about the products/services that you are interested in and improve the products/services we offer to you and to compile non-personal statistical information about browsing habits, click-patterns and access to the online services;
• to inform and provide you with the opportunity to make use of products, services and benefits that we offer and what we believe may be of interest to you to the extent that we are lawfully permitted to do so; and
• for such other purposes as you may consent to or as may otherwise be lawfully permitted, including for the purposes of protecting our and/or your legitimate interests and/or that of our suppliers and other customers.

 

Please note that we will not contact you telephonically for unsolicited marketing purposes or send unsolicited marketing communications to you by mail, SMS or electronic mail if you have objected to receiving such communications by way of a public register recognised for such purposes by law or by notifying us of your objection in the prescribed manner. We will provide you with reasonable opportunities to object to and/or opt-out from receiving marketing communications in the manner prescribed by law, including on each occasion when we send you such communications.

 

11. How long do we keep your personal information?

Your personal information will be retained as long as necessary to provide you with the services and products requested and as may otherwise be required in law. Once our relationship has come to an end, we will either delete your personal information or anonymize your personal information, unless statutory retention requirements apply (such as for taxation purposes).  We may retain your contact details and interests in our products/services for a longer period of time if Dolphin Bay is allowed to send you marketing materials.  We may also retain your personal information after the termination of the contractual relationship if your personal information is necessary to comply with other applicable laws or if we need your personal information to establish, exercise or defend a legal claim, on a need-to-know basis only.  To the extent possible, we will restrict the processing of your personal information for such limited purposes after the termination of the contractual relationship.

 

12. Modification and deletion of Personal Information

The registered user/customer is legally entitled to request modification or deletion of their personal information, or deletion from the registered user database at any time. Modification or deletion of data shall be effected on the basis of an appropriate written notice addressed to Dolphin Bay in accordance with clause 15 (Questions and further information) below.

 

13. Updates and amendments to this Privacy Statement

Dolphin Bay reserves the right, at any time, for any reason in our sole discretion and without prior notice or liability, to change, modify, amend and/or update this Privacy Statement. Therefore, you should review this Privacy Statement before submitting any information to us. We will collect, store, use and share your personal information in a manner consistent with the Privacy Statement in effect at the time you submitted the information, unless we receive your consent to the new or revised policy.

 

14. Governing laws

Your use of this website, including any claims or disputes arising therefrom, will be governed by the laws of the Republic of South Africa.

 

15. Questions and further information

Should you have any questions or complaints regarding this Privacy Statement or requests for any further information relating to the collection and processing of your personal information by Dolphin Bay, please direct such questions or requests to info@dolphinbay.co.za.