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Privacy POLICY

PRIVACY POLICY

Welcome to our privacy policy. We respect your privacy and are committed to protecting your personal data.

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1. INTRODUCTION

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BY SUBMITTING DATA AND/OR USING THIS WEB SITE YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.

 

We do not send random marketing emails to personal email addresses (spam). We conform to all of the requirements of the Data Protection Act, 1998. This privacy policy tells you how GERNIC use your personal data when you visit our website or interact with us, including when you sign up to our newsletter, use our products and services or take part in a competition. This Privacy Policy describes current policies and practices with regard to Personal Data collected manually or through this web site ("Web Site"). This Web Site is operated for Health Commodity Trading [GERNIC]. The term "Personal Data" refers to personally identifiable information about you, such as your name, birth date, telephone number, e-mail address or mailing address. The terms "you" and "your" when used in this Privacy Policy means any user of this Web Site .It is important that you read this privacy policy, together with any other privacy notices we may show you from time to time, so that you are fully aware of how and why we are using your personal data.

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This Web Site is continually improved by adding new functionality and features and by improving and adding to existing services. Because of these on-going changes, changes in the law and the changing nature of technology, data practices will change from time to time. If and when data practices change, such changes will (as soon as practicable) be posted on this Web Site to notify you of the changes. You should check this page frequently. You will understandably have a concern about privacy. Your privacy is respected and your personal information is treated with the highest standards of safety, security and confidentiality. To better protect your privacy, this notice explains online information practices and the choices you can make about the way your information is collected and used on this Web Site. If you have any questions regarding this Policy, you may direct them to info@gernic.co.za. This website is not intended for children and we do not knowingly collect any data relating to children.

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2. WHO WE ARE

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GERNIC is a proudly South African based company since 1987. We continually expanded our product range and enhanced our manufacturing capabilities. Today, we boast a daily manufacturing capacity of 90,000 units, ensuring swift delivery to our customers in Gauteng within 48 hours. Operating primarily in the B2B sector, we supply the wholesale market, capturing approximately 65% of the market share in South Africa.

 

Disclosure of your Personal Data

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Your Personal Data will not be shared, sold or distributed with unrelated third parties, except under these circumstances:

 

Personal Data may occasionally be transferred to third parties for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. Personal Data will be transferred to third parties for further processing in order to fulfil orders placed by you via this Web Site and to provide after sales services. Third parties are engaged to perform services or functions in order to manage and improve this Web Site, merchandising, marketing and promotional efforts, communications or other services. Those third parties include authorized contractors, consultants, legal advisors and other companies (collectively, "agents"). They only have access to personal information needed to perform their functions, and may not share any personal information with others or use it for any other purposes than that which is contractually agreed. Where appropriate, before disclosing Personal Data to a third party, that third party is contractually required to take adequate precautions to protect that data and maintain confidentiality. Information about you may also be received from other sources (such as demographic information and purchase history) and it may be added to records about you in order to make marketing efforts more efficient. The information in this Web Site's databases may be shared or transferred to comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of the databases or this Web Site, to take precautions against legal liability, or in the event of a sale, merger, reorganisation, dissolution or similar event. Where you have consented, your information may be disclosed to partners or other businesses who may contact you about their products or services that may interest you. During the purchase process, your information may be shared with certain intermediaries, strictly to process and ship your order.

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3. HOW WE COLLECT DATA

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There are lots of different ways in which we may collect data, or receive data, and you can see an explanation of the main ways below.

 

You may give us data when you interact with us. You may give us data by filling in forms or by corresponding with us by post, phone, email or through chat or social media. This includes data you provide when you:

 

  • sign up to receive our newsletter;

  • make enquiries or request information be sent to you;

  • create an account on our website;

  • order our products;

  • ask for direct marketing to be sent to you;

  • use ‘refer a friend’;

  • participate in our forum;

  • engage with us on social media;

  • enter a competition, promotion or survey;

  • contact customer services; or

  • leave comments or reviews on our products or services.

 

We may get some data automatically. As you interact with us, including via the GERNIC website, we may automatically collect data about your equipment, browsing actions and patterns. We may also collect data when you click on one of our adverts (including those shown on third party websites or via social media).

 

We may obtain some data from third parties.

We may receive data about you from various categories of third parties, including:

  • from providers of services which facilitate our ecommerce operations, including ecommerce platforms and payment and fraud prevention services;

  • from analytics providers, advertising networks and search information providers;

  • from data partners;

  • from your friends who referred you using ‘refer a friend’;

  • from publicly available sources; and

  • from any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites.

 

4. TYPES OF PERSONAL DATA WE COLLECT

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How we collect data above described all the different ways in which it’s possible to be given or obtain data. Some of that data may be personal data and we explain below the types of personal data we may collect about you. Of course, the types of personal data we collect about you will depend on how you are interacting with us. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We collect a variety of personal information about our customers and visitors to the GERNIC website: www.gernic.co.za.

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This personal data falls into these categories:

  • Identity Data includes title, gender, first name, maiden name, last name, date of birth, username or similar identifier and your login/password. If you interact with us through social media, this may include your social media user name.

  • Contact Data includes billing address, delivery address, email address and telephone numbers.

  • Financial Data includes payment card and direct debit/bank account details.

  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).

  • Technical Data includes internet protocol (IP) address, your login data, 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 this website.

  • Usage Data includes information about how you use our website, products and services, and any of the content you contribute to the forum.

  • Tracking Data includes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.

  • Marketing and Communications Data includes your preferences in receiving direct marketing from us and our third parties and your communication preferences.

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses. If you share personal data referred to in this category we will not know and can only treat it as personal data. If you post any of this data on the forum, you have chosen to make it public online, and anyone can read it. Remember, if you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide the products and services you’ve asked for.

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5. EXPLAINING THE LEGAL BASES FOR USING PERSONAL DATA

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We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you. For example, when you purchase our products, that’s a contract between you and us for us to supply the products to you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For example, fraud screening as part of the check-out process or keeping our website secure.

  • Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.

 

Generally, we do not rely on consent as a legal basis for processing your personal data other than where the law requires it, for example in relation to sending certain direct marketing communications. Where our legal basis is consent, you have the right to withdraw consent any time.

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6. HOW AND WHY WE USE YOUR PERSONAL DATA

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Personal data which you submit to this Web Site may be processed in a country other than South Africa but steps are taken to ensure that your Personal Data is kept secure by contractual and technical means. The Internet is made up of a large number of international connections. If you are visiting this Web Site from a country other than the country in which its server is located (currently USA), the various communications will necessarily result in the transfer of information across international boundaries. By visiting this Web Site and communicating electronically, you consent to these transfers. We may process your personal data for more than one legal basis depending on how we are using it.

 

7. ADVERTISING, MARKETING AND YOUR COMMUNICATIONS PREFERENCES

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This Web Site may contain hyperlinks to web sites operated by third parties. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party web sites or any association with their operators. Such web sites are controlled by third parties and as such you should review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself. The information practices of those websites linking from or to this Web Site are not covered by this Policy, and you are encouraged to be cautious before you disclose your personal information to others.

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Data access and corrections

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Upon receipt of your written request and enough information to permit identification of your Personal Data, such Personal Data held about you will be disclosed to you. Corrections, amendments or deletions to Personal Data that is inaccurate can be made and will be notified to any third party recipients. If you wish to access or correct you’re Personal Data, please write to us at GERNIC on e-mail at info@Gernic.co.za. You will not be charged for a correction request, however, for all other requests, you may be charged an administration fee. Requests to delete Personal Data are subject to any applicable legal and ethical reporting or document retention obligations.

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You may ask to have your account information removed from this Web Site's active databases; however, because this Web Site tracks past purchases, information associated with past purchases cannot be deleted. Such information will be deactivated as soon as reasonably possible based on your account activity. Also, as a security measure the data stored on this Web Site's systems is "backed-up", and such prior information cannot be completely removed from the databases. Therefore, you should not expect that all of your Personal Data will be completely removed from the databases in response to your requests. However, please be aware that your personally identifiable information will be kept only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

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There are lots of different ways you’ll see adverts from us, and these may not be using your personal data – sometimes we buy advertising space in the real world and on websites and in social media. If you see GERNIC adverts on websites and in social media, these may not be directed specifically at you, we may just have bid for the space. We may also be using a search engine or social media platforms ‘lookalike’ products, which are not directed at you and which you can control using each search engine or social media platform’s privacy settings.

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We may use your Identity, Contact, Technical, Tracking, Usage and Profile Data to form a picture of what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and tell you about them. We may carry out direct marketing by email, phone, text and post.

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On our website, we make your direct marketing preferences clear. You may choose to opt in to receive our newsletter, or as part of creating an account. We may also be able to send our customers relevant direct marketing about our own products and services unless they opted out during the purchase journey. We may also send you a little nudge as part of the purchase if you have left products in the basket without checking out. At all times you have a right to opt out of direct marketing. The easiest way to opt out is to use the unsubscribe link at the bottom of the communication or just email us at info@Gernic.co.za.

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We will get your express opt-in consent before we share your personal data with any company outside GERNIC for direct marketing purposes. We also work with partners to try and promote the reach of our adverts and use analytics and re-targeting for this reason. We use Tracking Data to deliver relevant online advertising, including on websites and in social media.

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Tracking Data, and in particular cookies, help us to deliver website and social advertising that we believe is most relevant to you and to potential new GERNIC customers. The cookies used for this purpose are often placed on our website by specialist organizations – and this is also why when you’ve been on GERNIC website, you might see content from our website again. This is called re-targeting.

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Cookies can also tell us if you have seen a specific advert, and how long it has been since you have seen it. This is helpful, because it means we can control the effectiveness of our adverts and control the number of times people might be shown our adverts. Cookies also help us understand if you’ve opened a marketing email because we don’t want to send you things you don’t read. If you want more information about Tracking Data, in particular cookies, see Cookies below. Almost all the cookies that relate to advertising are part of third party online advertising networks. We do not control cookies which are set by advertising networks.

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8. COOKIES

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A cookie is a small file of letters and numbers that we store via your browser. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

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We use the following categories of cookies:

  • Strictly necessary cookies. These are cookies which are needed to make the website work properly. They include, for example, cookies that enable you to log in, use a shopping cart or make secure payments.

  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). These also allow us to tell if you’ve left any products in your basket without checking out.

  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website relevant to your interests and for advertising and re-targeting purposes. We may also share this information with third parties for this purpose.

 

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. For further information about how to block cookies, please refer to your browser ‘help’ section.

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Please be aware that if you delete your cookies, two things will happen:

  • We will no longer know that you've opted out of online behavioral advertising, so our adverts will still appear to you on other websites.

  • We will no longer automatically recognise any website preferences that you have set.

 

9. DISCLOSURES OF YOUR PERSONAL DATA

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We may share your personal data with the third parties set out below for the purposes set out in this privacy policy. We may also share your personal data if the law otherwise allows it.

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We may share personal data within GERNIC.

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We may share personal data with the following categories of third parties:

  • suppliers and service providers (such as outsourced services partners, technology service providers, manufacturers and post and courier services);

  • payment services providers, via Shopify (see below) – payment processors may take your personal data directly from you as part of processing a purchase, and they will be data controllers in their own right for that processing;

  • auditors and professional advisers like bankers, lawyers, accountants and insurers; and

  • government, regulators and law enforcement.

 

We also share data with third parties connected to advertising, re-targeting and analytics. Please see Cookies above, including the cookie list, for more information about who those third parties are.We may also share data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

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10. EXCLUSION OF LIABILITY

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To the fullest extent permitted by applicable laws, on behalf of employees and volunteers, liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if the possibility of such damages or losses has been advised, arising out of or in connection with the use of this Web Site or any web site with which it is linked is excluded. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price and availability of information, materials, products and/or services is subject to change without notice.

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Your obligations

You are responsible for providing and maintaining all personal computer and communications equipment necessary to gain access to this Web Site. In consideration of your use of the Web Site, you agree to provide true, accurate, current and complete information about yourself. You agree to use the Web Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Web Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

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11. DATA SECURITY

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We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

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12. DATA RETENTION

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We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 7 years after they cease being customers for tax purposes.

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13. INDEMNITY AND RELEASE

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You agree to indemnify, release and hold GERNIC harmless as well as their respective officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Web Site or any of the information, materials, products or services available through this Web Site.

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14. THIRD-PARTY LINKS

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This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

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15. IF YOU FAIL TO PROVIDE PERSONAL DATA

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Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

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16. CHANGE OF PURPOSE

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We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

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17. YOUR LEGAL RIGHTS

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Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

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  • Request access to your personal data

This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

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  • Request correction of your personal data

This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

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  • Request erasure of your personal data

This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

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  • Object to processing of your personal data

This enables you to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

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  • Request restriction of processing your personal data

This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

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  • Request transfer of your personal data

We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

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  • Right to withdraw consent

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact info@gernic.co.za .

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We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

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18. UPDATE

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It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

ENTIRE UNDERSTANDING

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These Terms of Use contain the entire understanding between you and GERNIC with respect to this Web Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. However, the standard Terms and Conditions of Sale (CLICK HERE TO ACCESS TERMS OF SALE) displayed on this Web Site shall apply in relation to the purchase of any products from this Web Site. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

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