You can visit the Website without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the Website’s features, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill out any online forms on the Website. When required, this information may include the following:

• Personal details such as name, country of residence, etc.

• Contact information such as email address, address, etc.

• Account details such as user name, unique user ID, password, etc.

• Proof of identity, such as a photocopy of a government ID.

• Payment information such as credit card details, bank details, etc.

• Information about other individuals such as your family members, friends, etc.

• Any other materials you willingly submit to us, such as articles, images, feedback, etc.

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the Website’s features. Users uncertain about what information is mandatory are welcome to contact us.

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Use of Cookies:

In order to make our Website and Services available to you or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via our Website. However, we may also collect Personal Information about you from other sources such as social media, emails, etc. Any of the information we collect from you may be used for the following purposes:

• Create and manage user accounts.

• Fulfill and manage orders.

• Deliver products or services.

• Improve products and services

• Send administrative information

• Send marketing and promotional communications

• Respond to inquiries and offer support

• Request user feedback

• Improve user experience

• Post customer testimonials

• Deliver targeted advertising

• Administer prize draws and competitions

• Enforce terms and conditions and policies

• Protect from abuse and malicious users

• Respond to legal requests and prevent harm

• Run and operate our Website and Services

Processing your Personal Information depends on how you interact with our Website, where you are located in the world, and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to South African law of POPIA; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Note that under some legislations, we may be allowed to process information until you object to such processing (by opting out) without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, particularly whether the provision of Personal Information is a statutory or contractual requirement or a requirement necessary to enter into a contract.

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Payment:

We use third-party payment processors to assist us in securely processing your payment information. Such third-party processors’ use of your Personal Information is governed by their respective privacy policies, which may or may not contain privacy protections as protective as this Privacy Policy. We suggest that you review their respective privacy policies.

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Data Management:

You can delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website or Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so by contacting us.

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Data Transparency:

Depending on the requested Services or as necessary to complete any transaction or provide any service you have requested, we may contract with other companies and share your information with your consent with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Website and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. These third parties are given Personal Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.

We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

If we undergo a business transition, such as a merger or acquisition by another company or the sale of all or a portion of its assets, your user account and Personal Information will likely be among the assets transferred.

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Use of Data:

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

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Data Transfer:

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer occurs, you can find out more by checking the relevant sections of this Privacy Policy or by contacting us using the information provided in the contact section.

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User Rights:

You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

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The Right to Refuse Data Processing:

Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing personal information for direct marketing purposes, refer to the relevant sections of this document.

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HOW TO EXERCISE THESE RIGHTS:

Any requests to exercise your rights can be directed to Tres Bella Rosa ZA (PTY) Ltd through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such a person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

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PRIVACY OF CHILDREN:

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through our Website or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website or Service without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through our Website or Service, please contact us. You must also be at least 16 years of age to consent to processing your Personal Information in your country (in some countries, we may allow your parent or guardian to do so on your behalf).

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COOKIES

The Website uses “cookies” to help personalize your online experience. A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie.

We may use cookies to collect, store, and track information for statistical purposes to operate our Website and Services. You can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services. 

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DO NOT TRACK SIGNALS:

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. Tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. Our website does not track visitors over time or across third-party websites. However, some third-party sites may keep track of your browsing activities when they serve you content, enabling them to tailor what they present.

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ADVERTISEMENTS:

We may display online advertisements and share aggregated and non-identifying information about our customers that we collect through registration or online surveys and promotions with certain advertisers. We do not share personally identifiable information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.

We may also permit certain third-party companies to help us tailor advertising that we think may be of interest to users and collect and use other data about user activities on the Website. These companies may deliver ads that place cookies and otherwise track user behaviour.

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AFFILIATES:

We may disclose information about you to our affiliates so that they can offer you related or additional products and services. Any information relating to you that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this Privacy Policy.

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EMAIL MARKETING:

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your email address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

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LINKS TO OTHER WEBSITES:

Our Website contains links to other websites that we do not own or control. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that may collect Personal Information.

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INFORMATION SECURITY:

We secure the information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no Internet or wireless network data transmission can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

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DATA BREACH

In the event that we become aware that the security of the Website has been compromised or user Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe there is a reasonable risk of harm to the user due to the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website and send you an email.

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CHANGES AND AMENDMENTS:

We may update this Privacy Policy from time to time at our discretion and will notify you of any material changes to the way in which we treat Personal Information. When changes are made, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon posting the revised Privacy Policy unless otherwise specified. Your continued use of the Website or Services after the effective date of the revised Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

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ACCEPTANCE OF THIS POLICY:

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

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SOCIAL MEDIA:

The platform may allow you to create an account or profile, log in, and/or share information by connecting to various social media sites or apps, including Facebook, Twitter, Linked In, and Instagram. If you proceed to use our services in such a context, then the relevant social media websites' rules will also apply, and you agree to such integration.

Limitation of Liability The contents of this virtual marketplace are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. Tres Bella Rosa ZA will use our reasonable endeavours to maintain the virtual marketplace. The virtual marketplace is subject to change from time to time. You will not be eligible for compensation because you cannot use any part of the virtual marketplace or because of a failure, suspension or withdrawal of all or part of the virtual marketplace due to circumstances beyond our control. Subject to applicable laws, Tres Bella Rosa ZA assumes no responsibility for errors or omissions in the online store contents. Tres Bella Rosa ZA, furthermore, does not warrant, guarantee, or make any representation regarding the contents' safety, reliability, accuracy, correctness, or completeness. Subject to applicable laws, Tres Bella Rosa ZA shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if Tres Bella Rosa ZA have been informed of the possibilities of such damages. Tres Bella Rosa ZA cannot assume any obligation or responsibility in this regard. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect. Tres Bella Rosa excludes all liability with respect to products as the various Vendors supply the products.

Indemnity

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ACCURACY OF INFORMATION:

Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

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THIRD-PARTY SERVICES:

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Tres Bella Rosa ZA with respect to such other services. Tres Bella Rosa ZA is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Tres Bella Riosa ZA to disclose your data as necessary to facilitate the use or enablement of such other services.

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ADVERTISEMENTS:

During the use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any third party.

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LINKS TO OTHER WEBSITES

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means that if you click on the link and purchase an item, Tres Bella Rosa ZA will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for other third parties' actions, products, services, or content. You should carefully review the legal statements and other conditions of use of any website you access through a link. Your linking to any other off-site websites is at your own risk.

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PROHIBITED USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to termination.

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Updated: 30 March 2024

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