Privacy policy
1. This privacy policy applies to all users of the Cole Haan South Africa website which is run by Ventura Retail (Pty) Ltd (“Ventura”, “we” or “us”), related mobile sites and software applications (collectively referred to as “our platforms”), which are used to
access and purchase our products and services.
2. The purpose of this privacy policy is to set out how, why and when we use your
personal information, in compliance with the applicable data protection laws, including the Protection of Personal Information Act 4 of 2013 (“POPIA”). It is important that you read this privacy policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect and use your personal information.
3. We respect your privacy and take the protection of personal information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your personal information. This privacy policy describes how we handle the personal information we collect about you and/or receive from you. By using our platforms, you agree to the processing of your personal information as set out in this privacy policy.
4. In this privacy policy, the terms:
4.1. “personal information” and “processing” bear the same meanings as set out in POPIA;
4.2. “you” and “your” refers to every person that accesses or uses our platforms also referred to as the user;
4.3. “registered user(s)” refers to anyone registered on our platforms and has provided us with a unique username and password as well as other personal
information in order to order goods on our platforms.
5. Parental consent for children under the age of 18
5.1. If you are below the age of 18 years, you must always get permission/consent from your parent and/or guardian before you use our platforms or give us your personal information. We may check that your parent and/or guardian has given you such permission by, for instance, asking you to provide us with your parent’s and/or guardian’s contact details so that we may verify that permission/consent
has been given.
5.2. We may also check that the contact details you have provided us with are correct and are in fact the details of a person who is your parent and/or guardian. If we are unable to verify such permission/consent or if a parent and/or guardian advises that you do not have their permission/consent, you will be prohibited from using our platforms.
6. What personal information we collect and process
6.1. We process personal information in a manner that is reasonable, adequate, relevant, non-excessive and purpose specific.
6.2. When you access, use or become a registered user on any of our platforms, we collect and process your personal information to render our services to you. When you register to use our platforms, we may collect the following personal information:
6.2.1. name and surname;
6.2.2. email address;
6.2.3. physical address;
6.2.4. billing address;
6.2.5. gender;
6.2.6. mobile phone number;
6.2.7. online identifiers;
6.2.8. date of birth; and/or
6.2.9. identification number.
6.3. Should your personal information change or should you wish to amend or correct the personal information previously provided, you can do this by updating your registered user information on your account profile. By submitting your information on our platforms, you warrant that the information is accurate, current, true and correct and that it does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
7. Information from using our platforms
When you access our platforms, whether or not you are a registered user of the platform, we process some of your personal information. Depending on how you access and use our platforms, we may receive:
7.1. log information, through online identifiers, including information on how, when and for how long you use our platforms and other services, the content you view and the search queries you submit;
7.2. information about the equipment you use to access or use our platforms, including the type of device you are using, how you access our platforms, your browser or operating system, and your internet protocol address;
7.3. the geographic location from which you accessed our platforms, including your device’s global positioning system signal and information about nearby Wi-Fi networks and cell towers. We get this information when you use location-enabled services.
8. Why do we process your personal information?
8.1. We process the personal information we collect and receive to:
8.1.1. identify you;
8.1.2. verify your identity;
8.1.3. create a user account for you.
8.2. As a registered user, we also process your personal information in order to:
8.2.1. fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns;
8.2.2. provide you with information on the products and/or services that you request from us;
8.2.3. communicate with you regarding our platforms and provide you with information on our products and/or services, including billing, customer support, resolving complaints and quality control;
8.2.4. notify you about changes to our platforms, services, products, terms and conditions, privacy policy or notices, and any other changes that impact our platforms, services and products;
8.2.5. send you information about competitions, products or services that may
interest you (unless you have opted out of receiving such information);
8.2.6. get feedback from you which we need to develop our products and services and grow our business;
8.2.7. comply with any legal or regulatory obligations such as tax or financial laws;
8.2.8. undertake research and statistical purposes. The research and statistics we obtain from this process does not include your personal information and cannot be linked to you, nor can you be identified from these statistics.
9. Retention and restriction of records
9.1. We keep your personal information for as long as:
9.1.1. we need it to provide you with our products and/or services through the platforms;
9.1.2. it is required by law;
9.1.3. it is necessary to uphold the contract between you and us;
9.1.4. you have agreed to us keeping your personal information, subject to your right to request for us to stop processing your personal information, in which event we will cease all processing activities and delete all records of your personal information.
9.2. We will retain your personal information for as long as is necessary to achieve the purpose for which this information was collected or further period for a purpose subsequently authorized by you.
9.3. By accessing and using our platforms, you consent to us retaining records of your personal information for no longer than may be necessary to achieve the purpose for which the information was initially collected and subsequently processed.
10. User tracking and cookies
10.1. When you access and use our platforms, we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking. Cookies are small text files placed on the device that you use to access our platforms. These files do not contain your personal information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:
10.1.1. make our platforms more user-friendly;
10.1.2. personalize your interactions with our platforms, tailor our services and platforms to your interests and needs, and ensure they work on your device;
10.1.3. provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our platforms and other websites, based on your online activities;
10.1.4. send opt-in marketing communication if you are not a registered user.
10.2. We will not use your personal information for any other purpose without your permission. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the website and you may be required to re-enter your password more frequently during a session.
11. Opt-out from direct marketing
You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email, and/or SMS notifications by “opting out” of any direct marketing communications we may send to you.
12. Who else gets to process your personal information
We do not sell your personal information to third parties for their marketing or any other purposes. We may provide or make your personal information available to:
12.1. our employees and/or third-party service providers in order to enable them to assist us to interact with you via our platforms for purposes of marketing, ordering and/or delivery of goods and services;
12.2. law enforcement, government officials, fraud detection agencies, or other third parties when the disclosure of personal information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity;
12.3. third parties (such as a potential purchaser and its professional advisors) in the event of any reorganization, merger, sale, joint venture, or other disposition of any or all of our assets;
12.4. our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services, etc.). However, our contracts dictate that these service providers may only use your personal information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential; and
12.5. our suppliers in order for them to liaise directly with you regarding any goods you have purchased.
13. Sending your personal information outside South Africa
We may transfer certain personal information outside the geographic borders of South Africa to service providers for purposes set out in clause 12 above, including but not limited to data storage and back-up purposes and to ensure the integrity of our systems. When we transfer your personal information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements of the applicable data protection laws, including POPIA.
14. Securing your personal information
14.1. We secure the integrity and confidentiality of your personal information in our possession or under our control by taking appropriate, reasonable technical and organizational measures to prevent the loss of, damage to, or unauthorized destruction of the personal information, the unlawful access to or processing of your personal information.
14.2. In order to implement and maintain such measures, we have policies, controls, and related processes in place, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover the following:
14.2.1. physical, technical and network security;
14.2.2. access controls and access monitoring;
14.2.3. secure storage, destruction and encryption of records of personal information;
14.2.4. personal information breach reporting and remediation; and
14.2.5. by way of written agreements, the imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process personal information as part of rendering services.
14.3. Should you disclose your personal information to any third party other than Ventura, we will not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such personal information to the third party. This is due to the fact that we do not and cannot regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policies of any third party before sharing your personal information.
15. Know your rights
15.1. Having provided adequate proof of your identity, you have the right to:
15.1.1. view, correct, and/or amend your personal information. Please note that as a registered user, you can do this through your user account for the personal information reflected therein;
15.1.2. request a record or description of your personal information. Ventura may charge a fee in order to provide you with this record of your personal information. Where requests to access and amend your personal information are manifestly unfounded, excessive, or repetitive Ventura may charge an additional administrative fee or refuse the request;
15.1.3. request to have your personal information corrected, destroyed, or deleted. Please note that you can stop being a registered user by canceling your account. In this instance, Ventura will retain your personal information subject to any legislative requirements;
15.1.4. us complying with your requests upon receipt unless we have credible reasons why we cannot comply;
15.1.5. us indicating where, if we cannot agree whether to correct or delete your personal information as requested, that a correction or deletion was requested but was not made;
15.1.6. inform you if reasonably practicable, should we change your personal information and this has an impact on decisions about you;
15.1.7. notify you of the action taken by us because of your request;
15.1.8. notify you of unauthorized access to your personal information;
15.1.9. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
15.1.10. submit a complaint to the Information Regulator.
15.2. As a registered user, you can exercise all your rights set out above in terms of POPIA by navigating to the profile section of your account on the platform, where you will be required to confirm your identity via email verification. As any other user, you can exercise all your rights as set out above by referring to our processes as recorded in this policy.
16. How to lodge a complaint with the Information Regulator
16.1. If you have any complaints about this privacy policy or our compliance therewith, you can lodge a complaint with the Information Regulator. The contact details of the Information Regulator are available on the Information Regulator’s website at: https://justice.gov.za/inforeg/.
16.2. This version of the privacy policy replaces any preceding privacy policy provisions on our website. We may occasionally update this privacy policy. When you use our platforms the version of the privacy policy posted on this page applies to you.