Legal

ACCEPTANCE OF TERMS AND CONDITIONS

By accessing and using this website you agree to be bound by the following Terms and Conditions and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms and Conditions, you should not use this website. If you do not agree to any additional specific terms which apply to particular Content (as defined below) then you should not use the part of the website which contains such Content and you should not use such Content.

These Terms and Conditions may be amended by Orleans Cosmetics (Pty) Ltd at any time. Such amended Terms and Conditions shall be effective upon posting on this website. Please check the Terms and Conditions published on this website regularly to ensure that you are aware of all terms governing your use of this website. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this website (the “Content”). Such specific terms may be in addition to these Terms and Conditions or, where and then only to the extent the content or intent of such specific terms is inconsistent with the terms contained in these Terms and Conditions, such specific Terms will supersede these Terms and Conditions.

Orleans Cosmetics reserves the right to make changes or updates with respect to or in the Content of the website or the format thereof at any time without notice. Orleans Cosmetics reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

Although care has been taken to ensure the accuracy of the information on this website, Orleans Cosmetics assumes no responsibility therefor.

All content is provided “as is” and “as available”. Orleans Cosmetics hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website or the content. Orleans Cosmetics does not warrant or make any representations as to the security of this website. You acknowledge any information sent may be intercepted. Orleans Cosmetics does not warrant that the website or the servers which make this website available or electronic communications sent by Orleans Cosmetics are free from viruses or any other harmful elements.

In no event shall Orleans Cosmetics or any of its affiliates be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information, or business interruption) resulting from, arising out of or in connection with the use of, or inability to use this website or the content, even if Orleans Cosmetics has been advised of the possibility of such damages.

This website may provide links to other websites that are not under the control of Orleans Cosmetics. Orleans Cosmetics shall not be responsible in any way for the content of such other websites. Orleans Cosmetics provides such links only as a convenience to the user of this website, and the inclusion of any link to any such websites does not imply endorsement by Orleans Cosmetics of the content of such websites.

Copyright and all other proprietary rights in the Content of this website (including but not limited to software, audio, video, text, and photographs) rest with Orleans Cosmetics or its licensors. All rights in the content not expressly granted herein are reserved. Any other use of the content, including without limitation distribution, reproduction, modification, display, or transmission without the prior written consent of Orleans Cosmetics is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

By using the website, you agree that you have read the terms of the website privacy policy and that Orleans Cosmetics may process your Personal Information (as such capitalised terms are defined in the Protection of Personal Information Act, No 4 of 2013), in order to facilitate your use of the website, and that such Processing shall be done in accordance with our Website Privacy Policy.

1.   INTRODUCTION

Orleans Cosmetics (Pty) Ltd (“Orleans Cosmetics” or “we” or “us” or “our”) respects the privacy of our users and we are committed to protecting Your privacy and the privacy of the personal information of our visitors and we subscribe to the principles as described in the Protection of Personal Information Act, No 4 of 2013.

This Website Privacy Policy explains how we collect, use, disclose and safeguard the Personal Information that you provide to us when you visit our website info@orleanscosmetics.co.za  or that we collect from you whilst you visit our website, including any other media form, media channel related or connected thereto.  Please read this Website Privacy Policy carefully before using the website or submitting any Personal Information.

We reserve the right to make changes, update, add, remove and/or amend any of the provisions of this Website Privacy Policy.  Such changes, updated, additions, removals or amendments will become effective from the date of their publication on this website. You are, accordingly, encouraged to periodically review this Website Privacy Policy to stay informed of updates.  You will be deemed to have been aware of, will be subject to, and will be deemed to have accepted the changes in any revised Website Privacy Policy by your continued use of our website after the date such revised Website Privacy Policy is posted.

By using the website, you agree to have read the terms of this Website Privacy Policy.

DEFINITIONS

Data means information in electronic form.

Data subject means the person to whom personal information relates.

IP address means a unique address that identifies a device on the internet or a local network.

Personal information means any information linked to you or information that can identify you, including but not limited to (i) information relating to your gender, nationality, ethnic or social origin, age, language; (ii) information relating to your education or your financial, criminal or employment history; (iii) your identity number, e-mail address, physical address, telephone number, location information or online identifier; (iv) your personal opinions, views or preferences; (v) correspondence sent by you which is of a private or confidential nature; (vi) the views or opinions of others about you; and (vii) your name if it appears with other personal information relating to you, or if the disclosure of your name on its own would reveal further personal information about you.

“Process” means, in relation to Personal Information, any operation or activity or any set of operations, whether or not by automatic means, including (i) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information; (ii) dissemination by means of transmission, distribution or making available in any other form; or (iii) merging, linking, as well as restriction, degradation, erasure or destruction of that information.

2.         COLLECTION OF PERSONAL INFORMATION

Where Personal Information is submitted to the website by the user, for example through sending an e-mail or filling in required fields, the following principles are observed in the handling of that information:

• Our website only collects, Processes and stores only such Personal Information regarding users as is necessary to (i) enter into a contract with you; (ii) perform any obligations under a contract with you; (iii) comply with a legal obligation; (iv) protect a legitimate interest of yours; (iv) to pursue our own legitimate interest or the legitimate interest of a third party who we are sharing the information with (unless you have specifically objected to all or some of the processing activities on reasonable grounds); (v) process Personal Information for direct marketing purposes; (vi) present content to you in the most effective way; (vii) customise and display content; (viii) to notify you about changes to the website; and (ix) to contact you regarding orders and deliveries. The specific purpose for which information is collected is apparent from the context in which it is requested.

• Our website will not Process the Personal Information submitted for any other purpose not listed in clause 2.1, without obtaining the prior written approval of the user or unless required to do so by law.

• When Processing Personal Information on our website Orleans Cosmetics shall –
  1. comply with all laws, contracts or regulations;
  2. not act unreasonably. This means that we will collect and Process your Personal Information in a way that you can reasonably expect and in a way that is fair;
  3. respect your right to privacy at all times;
  4. ensure that the Personal Information that is collected and Processed is and remains relevant to the identified purpose/s for such Processing and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s;
  5. ensure that the Processing activities we choose to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s; and
  6. ensure that, regardless of the stated purpose/s for Processing Personal Information, your rights and interests will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, we shall ensure that our own rights and/or interests justify such prejudice or infringement taking place.

• Our website will keep records of all personal information collected and the specific purpose for which it was collected for (i) a period of one year from the date on which it was last used; or (ii) for no longer than its necessary to achieve the specific purpose of which it collected such information unless –
  1. Orleans Cosmetics is required by law to keep a record of such information for a longer period of time; or
  2. Orleans Cosmetics needs to keep a record of such information for another lawful purpose; or
  3. Orleans Cosmetics has a contractual obligation to keep a record of such information; or

• you have consented to your information being kept for a longer period.
• Our website will not disclose any personal information regarding a user to any third-party unless (i) such third party performs certain Processing activities on behalf of Orleans Cosmetics; (ii) the prior written agreement of the user is obtained; or (iii) the website is required or permitted to do so by law.
• If information is released with the user’s consent, this website will retain a record of the information released, the third-party to which it was released, the reason for the release and the date of release, for a period of one year.

• Where Orleans Cosmetics is no longer authorised to retain a record of any Personal Information, Orleans Cosmetics shall either (i) ensure that it destroys or deletes any personal information under its control which has become obsolete as soon as practicable; or (i) return the information to you or transfer it to a third party, if requested by you in writing to do so.
• Information collected about users through their use of this website is the property of the website owner.

3.       COLLECTION OF ANONYMOUS DATA

• In order to provide the best possible and most relevant service, our website may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this website to collect statistics.
• We are the sole owners of the information collected on our website. We only have access to collect information that you voluntarily give us via email, electronic communication or other and direct contact from you.  We will not sell this information to anyone.  We will use your information to respond to you, regarding the reason you contacted us.
• Our website utilises cookies. A cookie is a small file that is transferred by a webserver to the user’s hard drive and thereafter stored on your computer-in order to keep a record of a user’s interaction with this website. The types of information a Cookie collects includes your name, the date and time of your visits to the website, your browsing history and your preferences.
• Cookies from this website allow us to (i) distinguish you from another user on the website; (ii) remember your last session when you return to the website; (iii) estimate the website’s audience size and usage patterns; (iv) store information about your preferences, which allows us to customize the website and tailor services to your displayed preferences; and (v) speed up searches on the website. The website may use third-party cookies from an ad server for this purpose. We cannot and do not control or access Cookies used by third party service providers and we take no responsibility therefor.
• Cookies by themselves cannot be used to personally identify users but will be used to compile anonymised statistics relating to use of services offered or to provide us with feedback on the performance of our website.
• If a user does not wish cookies to be employed to customise his or her interaction with our website you have the right and ability to either accept or decline the use of Cookies on your computer’s web browser. Please note that, if this is done, you may limit your access to certain features on the website and certain services on our website may not be available.

4.         ACCESS TO PERSONAL DATA

• Where a user believes that personal data concerning them held by us is outdated or incorrect they may request that such personal data be corrected – please contact us on info@orleanscosmetics.co.za. Any request for such a correction must specify both the incorrect data and the proposed correction and must give full reasons for the request as well as completing the relevant documentation.
• Users can request access to any relevant personal data held by us as laid out in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”) and where such access is necessary for them to exercise and/or protect any of their rights. A copy of PAIA can be obtained from info@orleanscosmetics.co.za.

5.         LINKS TO OTHER WEBSITES

This website may contain links or references to other websites, including those of advertisers which are not under Orleans Cosmetics’s control. We strongly recommend that you review the Privacy Policy of any site you visit before using it further.

The provisions of this Website Privacy Policy are not applicable to third party websites and Orleans Cosmetics shall not be responsible for the information processing practices and/or privacy policies of those third-party websites, or the cookies that those websites may use.

6.         LINKS TO SOCIAL NETWORKING SERVICES

We use social networking services such as Twitter, Facebook and LinkedIn to communicate with the public. When you communicate with us through these services, the social networking service may collect your personal information for its own purposes.

7.         SECURITY

Orleans Cosmetics is committed to protecting the Personal Information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that Personal Information.

Orleans Cosmetics takes steps to continually identify and document any risks to the Personal Information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.

Orleans Cosmetics shall ensure that in any contracts entered into with third party operators who Process Personal Information on Orleans Cosmetics’s behalf, the third-party operators shall –

7.1   not Process any Personal Information without Orleans Cosmetics’s knowledge and authority;

7.2   treat all Personal Information given to it as confidential and shall not disclose it to any unauthorised third parties;

7.3   establish and maintain adequate security measures which are the same or offer similar protection over the Personal Information as that employed by us;

7.4   notify Orleans Cosmetics immediately where there are reasonable grounds to believe that any Personal Information has been leaked to or accessed by any unauthorised person;

7.5   if situated in another country, comply with the data protection laws in that country and be able to provide verification that it is so compliant; and

7.6   disclose any Personal Information Processed by them on Orleans Cosmetics’s behalf to other parties, it must notify Orleans Cosmetics beforehand to enable Orleans Cosmetics and/or individual users to protect their rights if necessary.

Orleans Cosmetics shall ensure that all Personal Information on its systems are properly backed-up and that back-up copies are stored separately from the live files.

While reasonable measures are taken to ensure the security and integrity of information submitted to our website, we cannot under any circumstances be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee or any third party.

8.      CHILDREN’S PERSONAL INFORMATION

Orleans Cosmetics shall not Process any Personal Information relating to a person under the age of 18 years unless Orleans Cosmetics has obtained consent from that person’s parent or legal guardian. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and Personal Information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to Orleans Cosmetics Processing such information according to the further provisions of this Website Privacy Policy.

9.  QUERIES

If you have any queries about this Website Privacy Policy, please contact us on

info@orleanscosmetics.co.za

DISCLAIMER OF LIABILITY

The material and information contained on this website is for general information purposes only. You should not rely upon the material or information on the website as a basis for making any business, legal or any other decisions.

While we endeavour to keep the information up to date and correct, Orleans Cosmetics (Pty) Ltd makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, sustainability or availability with respect to the website or information contained on the website for any purpose. Any reliance you place on such material is therefore strictly at your own risk.

By using the website, you agree that you have read the terms of the website privacy policy and that Orleans Cosmetics may process your Personal Information (as such capitalised terms are defined in the Protection of Personal Information Act, No 4 of 2013), in order to facilitate your use of the website, and that such Processing shall be done in accordance with our Website Privacy Policy.