1. Purpose of this Privacy Policy
1.1. This Privacy Policy sets out how Ostentious (Pty) Ltd (registration no. 2021/107715/07) (“Ostentious”,“we”, “us” and “our”) processes any personal information, as defined in the Protection of Personal Information Act, 2013 (“POPIA”), we collect and/or receive from you. It is important that you read this Privacy Policy carefully before submitting any personal information to us.
1.2. By submitting any personal information to Ostentious you provide consent to the processing of your personal information as set out in this Privacy Policy.
1.3. Kindly refrain from submitting any personal information to Ostentious if you do not agree to any of the provisions of this Privacy Policy as the supply of personal information is mandatory so that Ostentious is in a position to process your order. If you do not consent to the provisions of this Privacy Policy, or parts of this Privacy Policy, the consequence is that Ostentious will not be able to provide its products to you.
2. Changes to this Privacy Policy
2.1. Ostentious reserves the right to modify, update, change or replace any part of this Privacy Policy
from time to time. Any changes or amendments to this Privacy Policy will be posted on our website
and will be effective from the date of posting.
2.2. It remains your responsibility to consult Ostentious’ website periodically for any amendments to this Privacy Policy.
3. Contact information
All comments or queries regarding this Privacy Policy must be directed to the following details: e-mail address: ecommerce@ostentious.com
4. Indemnity
4.1. Ostentious takes your privacy and the protection of your personal information very seriously, and will use your personal information in accordance with this Privacy Policy and applicable data protection legislation. We have implemented reasonable measures to prevent unauthorised access to your personal information.
4.2. It is important that you take all necessary and appropriate steps to protect your personal information yourself by ensuring that all passwords and access codes are kept secure.
4.3. Save for a breach caused by Ostentious, you agree to indemnify and hold Ostentious harmless against any loss, damages or harm that you may incur as a result of any data breaches regarding your personal information resulting in the unauthorised access to or acquisition of or disclosure of your personal information.
4.4. Notwithstanding the reasonable security measures Ostentious have taken, if you suffer any damages or loss, you hereby waive and release Ostentious from any liability (insofar as is enforceable in terms of applicable laws) for any such damages or loss you may suffer.
5. Information which Ostentious may collect
Ostentious may collect any of the following information:
5.1. personal information including the following information about you:
5.1.1. name and surname;
5.1.2. contact number and email address;
5.1.3. physical address;
5.1.4. identity or passport number; and
5.1.5. date of birth;
5.2. information you provide to Ostentious in any of the following circumstances:
5.2.1. when registering on our website;
5.2.2. when entering any Ostentious competitions, promotions or surveys;
5.2.3. when posting comments or content on our social media pages; or
5.2.4. in respect of any correspondence or enquiries from you or anyone acting on your behalf when contacting Ostentious;
5.3. details of transactions you carry out with us; and
5.4. any other recorded information as determined by Ostentious from time to time.
6. How Ostentious collects information
Ostentious collects information:
6.1. you may provide to us either directly or indirectly; and
6.2. from your appointed agent, any regulator, or other third party sources that may hold
such information.
7. How Ostentious uses collected information
Ostentious uses your collected personal information for the following purposes:
7.1. to provide you with information or products you request from us;
7.2. to assess and deal with complaints and requests;
7.3. to manage your account;
7.4. to communicate with you;
7.5. to provide you with support;
7.6. for research and statistical purposes; and
7.7. to provide effective advertising such as providing you with news, special offers and general information about other goods which we offer, that are similar to those that you have already enquired about.
8. Disclosure of your information
8.1. We don’t sell your personal information to third parties for their marketing purposes.
8.2. We may share information with:
8.2.1. our affiliates;
8.2.2. a limited number of our employees and service providers who process the information on Ostentious’ behalf;
8.2.3. our business partners where we may share non-personally identifiable information with select business partners;
8.2.4. to a prospective buyer or seller of any of Ostentious’ businesses or assets; and
8.2.5. other parties in response to legal processes or when necessary to conduct or protect our legal rights.
9. Retention of your information
9.1. Ostentious may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of applicable laws.
9.2. As a general rule, we will retain your information in accordance with retention periods set out in applicable laws, unless we deem it necessary to retain it for longer for a lawful purpose such as for the purposes of complaints handling, legal processes and proceedings.
10. Accessing, correcting and deleting your personal information
10.1. You may request details of personal information which Ostentious holds about you as well as confirmation of whether or not Ostentious holds personal information about you.
10.2. You may request the correction of your personal information. Kindly ensure that the information Ostentious holds about you is complete, accurate and up to date.
10.3. You have a right, in certain circumstances, to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details set out above.
10.4. You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.
11. Third party links
11.1. Certain content made available on our website or social media platforms may include links to and from websites, mobile applications or services of third parties, advertisers or affiliates.
11.2. We are not responsible for examining or evaluating the privacy practices of such third parties and Ostentious shall not be liable for any use of any platform or site operated by a third party.
11.3. Please review any third party’s policies and practices and make sure you understand them before you engage in any transaction using third party links. All complaints, claims, concerns, or questions regarding third party links should be directed to such third party.
12. Update of the Privacy Policy
This Privacy Policy was last updated on [20/01/2023].
13. Complaints
13.1. Should you believe that Ostentious has utilised your personal information contrary to POPIA or any applicable data protection legislation, you undertake to first attempt to resolve any concerns with us.
13.2. If you remain dissatisfied, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
13.2.1. e-mail address: POPIAComplaints@inforegulator.org.za; or
13.2.2. telephone number: 010 023 5200.