HERBERI CY LTD
- about each customer, individual, entity, user or visitor (collectively “you” or “your”); and/or
- you provide to HERBERI when (i) accessing Caloric Forte's website located at www.caloricoforte.com (hereinafter referred to as the “Website”), and/or (ii) using the Services provided by HERBERI to you via the Website.
Personal Information that is Collected
HERBERI collects the following information from you:
- personal information that could identify you, which includes your name, surname, gender, email address, and location;
- contact information which includes data such as billing address, email address, telephone numbers and any other data you have provided to us in order for us to be able to provide you with the Services on the Website;
- transaction data which includes details about payments or communications to and from you;
- technical data which includes your Internet protocol address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website;
- profile data includes the purchases or orders made by you, your interests, preferences, and feedback;
- usage data which includes information about how you use our Website and Services;
- marketing data that your preferences in receiving marketing from us and our third parties and your communication preferences,
(collectively *Personal Information*)
In the context of the law and this notice, the term “process” and “processing” means collect, store, transfer, use or otherwise act on data.
Use of your Personal Information
In general, the Personal Information you provide to HERBERI is used to help us communicate with you. For example, HERBERI uses your Personal Information to (i) make contact with you in regards to your orders, (ii) solicit feedback from you, (iii) provide technical support, and (iv) inform you about promotional and marketing offers.
HERBERI may share Personal Information with third parties if HERBERI has a good-faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce HERBERI’s Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property or safety of HERBERI’s users or the public as required or permitted by law.
Wherever possible, HERBERI aims to obtain your explicit consent to process your Personal Information. We may continue to process your Personal Information on this basis until you withdraw your consent. You may withdraw your consent at any time by sending us an email at [email protected]. However, if you do so, please note that you may not be able to (i) use the Website, and (ii) make use of the Services further.
Automatic Collection of Information
When you visit the Website, HERBERI’s servers automatically record information about your computer hardware and software. This information is collected automatically and is used only to identify potential cases of abuse, resolve technical issues, optimizing the performance of the Website for a better user experience, and establish statistical information regarding your use of the Website and the Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
How Personal Information is Secured
HERBERI implements security measures that include encryption, firewalls, password management and secure socket layer technology, which are designed to protect your information from unauthorized access and potential security breaches.
However, you acknowledge that no data transmission over the Internet or wireless network can be guaranteed. Therefore, while HERBERI strives 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 another registered user on the Website and/or the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite HERBERI’s best efforts.
Your Rights regarding the General Data Protection Regulation
For the purposes of complying with the General Data Protection Regulation 2016/679 (“GDPR”), HERBERI is considered as the data controller in relation to your Personal Information. We have listed below, the principal rights you have under the GDPR:
- the right to access - you can ask for copies of your Personal Information;
- the right to rectification - you can ask us to rectify inaccurate Personal Information and to complete incomplete Personal Information;
- the right to erasure - you can ask us to erase your Personal Information from our systems;
- the right to restrict processing - you can ask use to restrict the processing of your Personal Information;
- the right to object to processing - you can object to the processing of your Personal Information;
- the right to data portability - you can ask us to transfer your Personal Information to another organization or to you;
- the right to complain to a supervisory authority - you can complain about our processing of your Personal Information to the applicable authorities; and
- the right to withdraw consent – you can request that we withdraw your consent to store and process your Personal Information except to the extent that the basis of our processing your Personal Information is required by law.
You may exercise any of your rights in relation to your Personal Information by written notice to HERBERI, using the contact details set out below. Should you have any cause for complaint about our use of your Personal Information, please contact HERBERI using the details provided below and we will endeavour to solve the problem for you.
Your Rights regarding South Africa’s Protection of Personal Information Act, 4 of 2013 (“POPIA”)
In compliance with POPIA, you have the right to have your personal information processed lawfully. Your rights in compliance with POPIA include the right:
- to be notified that your Personal Information is being collected or that your Personal Information has been accessed or acquired by an unauthorised person e.g. where a hacker may have compromised our computer system;
- to find out whether we hold your Personal Information and to request access to your Personal Information;
- to request us, where necessary, to correct, destroy or delete your Personal Information;
- to object, on reasonable grounds, to the processing of your Personal Information;
- to object to the processing of your Personal Information for purposes of direct marketing, including by way of unsolicited communications;
- not to be subject, in certain circumstances, to a decision which is based solely on the automated processing of your Personal Information;
- to submit a complaint to the Regulator if you believe that there has been interference with the protection of your Personal Information; and
- to institute civil proceedings against us if you believe that we have interfered with the protection of your Personal Information.
International Transfer of Personal Information
HERBERI will not ordinarily transfer any Personal Information collected from you outside the borders of South Africa or Europe. However, in the event that we transfer or store your Personal Information outside South Africa or Europe, we will take all steps reasonably necessary to ensure that the third party who receives your Personal Information is subject to a law or binding agreement which provides an adequate level of protection.
Analytical Data from Third Parties
HERBERI may collect or receive information that third party service providers may provide about you when using the Website and/or the Services. Or HERBERI may obtain information from other sources and combine that with information HERBERI collects through your use of the Services. The following information is collected and/or obtained from third parties:
- Google Analytics: We use this analytical tool to help HERBERI analyze (i) how users use the Website and/or the Services by noting when you use the Website and the Services, and (ii) usage data and performance data. The information collected will be disclosed to or collected directly by the applicable analytical tool HERBERI is using. Such information is collected as a means to provide, improve, and develop the Website and the Services so as to create a safer and trusted environment when you use the Website and the Services.
Cookies are defined as small text files that are placed on your computer's hard drive by your web browser when you visit any website. Cookies allow data gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
- Functionality – HERBERI uses functionality cookies to help us improve your user experience when visiting our site. For example, functionality cookies, allow a comparative display of the technical characteristics of two or more products and allow the site to remember the user's preferences.
Retention Period for Personal Information
You can stop all collection of Personal Information by HERBERI by not accessing the Website and the Services, or by requesting to opt-out via email, at [email protected].
Our Policy Toward Children
Our Services are directed to persons under the age of eighteen (18) years. We collect Personal Information from children under the age of eighteen (18) years. We therefore encourage you to obtain the assistance and consent of a parent/legal guardian when accessing our Website and using the Services. A parent/legal guardian who becomes aware that his or her child has provided us with Personal Information without their consent, should contact us at [email protected] and we will endeavour to delete it.
Should you have any questions or concerns regarding privacy while using the Website and Services, please send us a detailed message to [email protected], and HERBERI will use its best endeavours to resolve your concerns.
Effective Date:26.11. 2021