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PRIVACY POLICY


1. INTRODUCTION

Warm Ivory respects your privacy and is committed to protecting personal information entrusted to us.

Warm Ivory is operated by Prosperity Transformationz, trading as Warm Ivory ("Warm Ivory", "WI", "we", "us" or "our").

This Privacy Policy explains how we collect, use, store, share and protect personal information when you:

  • visit www.warmivory.co.za;
  • browse or purchase products from our online store;
  • create or use a customer account;
  • contact us by email, telephone, WhatsApp, social media or another communication channel;
  • subscribe to marketing communications;
  • participate in promotions;
  • submit reviews or other content;
  • complete a skincare, fragrance, wellness or product recommendation questionnaire; or
  • otherwise interact with Warm Ivory.

We process personal information primarily in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and other applicable South African laws.

This Privacy Policy should be read together with our Terms of Use and Online Store Terms and other policies displayed on our website.


2. RESPONSIBLE PARTY

For purposes of POPIA, the responsible party for personal information processed through Warm Ivory is:

Prosperity Transformationz trading as Warm Ivory

Email: help@warmivory.co.za
Telephone / WhatsApp: 082 467 3876
Physical address: 4 Peter Road, Moret, Randburg, Gauteng, South Africa

Our Information Officer's details will be made available as required under applicable law.


3. WHAT IS PERSONAL INFORMATION?

"Personal information" has the meaning given to it in POPIA and broadly includes information relating to an identifiable living natural person and, where applicable, an identifiable existing juristic person.

Depending on how you interact with Warm Ivory, this may include your:

  • name and surname;
  • telephone number;
  • email address;
  • physical, delivery and billing addresses;
  • account information;
  • order and purchase history;
  • payment and transaction information;
  • correspondence with us;
  • customer-service history;
  • preferences and interests;
  • product preferences;
  • reviews and feedback;
  • device and browser information;
  • IP address;
  • website usage information;
  • cookie and similar technology information;
  • marketing preferences; and
  • information voluntarily supplied through our Recommendation Tools.

We aim to collect only information that is reasonably necessary for the purpose for which it is being processed.


4. INFORMATION WE COLLECT DIRECTLY FROM YOU

We may collect personal information when you:

  • place an order;
  • create a customer account;
  • request delivery;
  • contact customer service;
  • submit an enquiry;
  • communicate with us through WhatsApp, email, telephone or social media;
  • sign up for newsletters or promotional communications;
  • participate in a promotion or competition;
  • submit a product review;
  • request a return, refund or exchange;
  • complete a questionnaire or recommendation tool; or
  • voluntarily provide information to us for another stated purpose.

You are generally not required to provide personal information simply to browse the public portions of our website, although certain technical information may be collected automatically.

Where information is required to conclude or fulfil a transaction and you choose not to provide it, we may not be able to process your order or provide the requested service.


5. INFORMATION COLLECTED AUTOMATICALLY

When you use our website, certain information may be collected automatically through cookies, server logs, analytics technologies and similar tools.

This may include:

  • IP address;
  • approximate geographic location derived from an IP address;
  • browser type;
  • device type;
  • operating system;
  • pages visited;
  • products viewed;
  • referring website or source;
  • date and time of visits;
  • time spent on particular pages;
  • shopping-cart activity;
  • interaction with website features; and
  • technical information relating to website performance or security.

We use this information for purposes including operating the website, maintaining security, understanding how customers use our store, improving functionality and, where permitted, analytics and marketing.


6. WELLNESS QUESTIONNAIRES AND SPECIAL PERSONAL INFORMATION

Warm Ivory may in future provide complimentary questionnaires or Recommendation Tools relating to:

  • skincare;
  • K-beauty;
  • fragrance preferences;
  • medicinal or functional mushroom products;
  • collagen products;
  • wellness products; or
  • other products sold through Warm Ivory.

A questionnaire may ask questions relating to your preferences, lifestyle or product requirements.

Certain wellness questions could involve information relating to your health, including information about:

  • allergies or sensitivities;
  • medication use;
  • pregnancy or breastfeeding;
  • existing medical conditions;
  • reactions to ingredients or products; or
  • circumstances relevant to the safe selection of a wellness product.

Information concerning a person's health may constitute special personal information under POPIA.

Warm Ivory will not deliberately require unnecessary health information merely for marketing purposes.

Where we request special personal information through a Recommendation Tool:

  1. we will explain why the information is being requested;
  2. we will limit the information requested to what is reasonably relevant to the recommendation;
  3. we will obtain consent where consent is required by law;
  4. we will not use health information to diagnose or treat a medical condition;
  5. we will restrict access to the information as reasonably appropriate; and
  6. we will not sell health-related questionnaire information to third parties.

Where appropriate, questions concerning health circumstances may be optional.

A customer should never submit detailed medical records, medical reports or information that Warm Ivory has not requested.

Warm Ivory's questionnaires provide product-selection guidance only and do not constitute medical advice.


7. INFORMATION ABOUT CHILDREN

Warm Ivory's online purchasing services and wellness Recommendation Tools are intended primarily for adults aged 18 years or older.

We do not knowingly seek to collect special personal information about children through wellness questionnaires.

Where personal information relating to a child is processed, we will do so only where permitted by POPIA and other applicable law, including where appropriate consent or authorisation has been obtained from a competent person.

Parents and guardians should supervise the use of Warm Ivory products and services by minors.

If you believe that a child has provided personal information to us unlawfully, please contact us at help@warmivory.co.za.


8. HOW WE USE PERSONAL INFORMATION

Depending on the circumstances, we may process personal information to:

  • process and fulfil orders;
  • receive and verify payments;
  • arrange delivery;
  • create and manage customer accounts;
  • communicate about orders;
  • provide customer support;
  • handle refunds, exchanges and returns;
  • respond to enquiries;
  • provide requested product recommendations;
  • personalise aspects of the shopping experience;
  • maintain transaction and accounting records;
  • detect and prevent fraud;
  • protect our website, customers and business;
  • investigate misuse or unlawful conduct;
  • enforce our contractual rights;
  • meet tax, accounting and other legal requirements;
  • resolve disputes;
  • improve our products, website and customer experience;
  • analyse website traffic and customer behaviour;
  • obtain customer feedback;
  • manage promotions and competitions;
  • send marketing communications where legally permitted;
  • maintain records of marketing consent and objections;
  • establish, exercise or defend legal claims; and
  • comply with applicable laws and regulatory requirements.

We will not process personal information in a manner incompatible with the purpose for which it was collected unless permitted by law.


9. LAWFUL BASIS FOR PROCESSING

Warm Ivory will process personal information only where permitted under applicable law.

Depending on the circumstances, processing may be necessary:

  • to perform a contract with you;
  • to take steps at your request before entering into a contract;
  • to comply with a legal obligation;
  • to protect a legitimate interest of the customer;
  • to pursue a legitimate interest of Warm Ivory or a third party where permitted by law; or
  • because you have provided valid consent.

Where we rely on your consent, you may withdraw that consent, subject to applicable law and any processing that was lawfully undertaken before withdrawal.

Withdrawal of consent does not necessarily require Warm Ivory to delete information that we must retain under law or that we are otherwise legally entitled to retain.


10. PAYMENT INFORMATION

Payments may be processed by third-party payment service providers.

Depending on the payment method selected, payment providers may collect information including:

  • cardholder details;
  • payment-card details;
  • banking information;
  • transaction details; and
  • fraud-prevention information.

Warm Ivory does not necessarily receive or store your complete payment-card information where payment is processed directly by a payment service provider.

Payment providers process information in accordance with their own legal obligations and privacy policies.

Customers should not send full card numbers, CVV numbers, PINs or online-banking passwords to Warm Ivory by email, WhatsApp or social media.


11. SHARING PERSONAL INFORMATION

Warm Ivory does not sell personal information as a commodity.

However, we may share or make personal information available to third parties where this is reasonably necessary to operate our business, fulfil your transaction or comply with law.

These third parties may include:

  • our e-commerce platform provider, including Ecwid/Lightspeed;
  • website-hosting and technical service providers;
  • payment gateways and payment processors;
  • banks and financial institutions;
  • courier, logistics and delivery companies;
  • email and communication service providers;
  • customer-support platforms;
  • analytics providers;
  • website security and fraud-prevention providers;
  • advertising and marketing platforms, where legally permitted;
  • professional advisers such as accountants, auditors and attorneys;
  • insurers;
  • service providers and contractors processing information on our behalf;
  • regulators and government authorities;
  • law-enforcement authorities; and
  • courts or other bodies where disclosure is legally required or reasonably necessary to protect or enforce our rights.

Where a third party processes personal information on our behalf as an operator, we will take reasonable steps required by POPIA to ensure that appropriate confidentiality and security obligations apply.

Third parties acting independently as responsible parties may process information under their own privacy policies and legal obligations.


12. E-COMMERCE PLATFORM

Warm Ivory's online store may use Ecwid by Lightspeed and associated technology to operate its e-commerce services.

The platform may process information required to facilitate:

  • customer accounts;
  • shopping carts;
  • checkout;
  • orders;
  • transaction records;
  • product activity;
  • store functionality; and
  • other e-commerce services.

Information processed through these systems may be stored or processed using infrastructure located outside South Africa.

Warm Ivory will take reasonable steps required by applicable law when personal information is transferred outside South Africa.


13. COURIERS AND DELIVERY PARTNERS

Where you place an order requiring delivery, we may provide relevant personal information to the courier or delivery provider.

This may include your:

  • name;
  • delivery address;
  • telephone number;
  • email address where required;
  • order or tracking reference; and
  • delivery instructions.

We provide only information reasonably required to facilitate delivery and related services.


14. DIRECT MARKETING

Warm Ivory may send marketing communications about products, promotions, launches, offers, recommendations or other Warm Ivory services where permitted by law.

Electronic direct marketing may include:

  • email;
  • SMS;
  • WhatsApp;
  • electronic messaging; or
  • similar electronic communication.

We will comply with applicable direct-marketing requirements under POPIA and other South African consumer laws.

Where prior consent is required, we will request it in the legally prescribed manner.

Where applicable law permits direct marketing to an existing customer without separate prior consent, we will only use the customer's contact details in circumstances allowed by law.

Every direct-marketing communication will provide a reasonable means of opting out or objecting to further marketing.

You may unsubscribe or object to marketing at any time without charge other than the ordinary cost, if any, of transmitting the request.

Transactional communications relating to an existing order, delivery, payment, security issue, account or customer-service matter are not necessarily marketing communications and may still be sent where required to provide the service.

We recommend that marketing consent boxes on the Warm Ivory website must not be pre-ticked.


15. COOKIES AND SIMILAR TECHNOLOGIES

Warm Ivory uses or may use cookies and similar technologies.

A cookie is a small data file stored on or accessed through your device when you visit a website.

Cookies may be used to:

  • operate essential website functionality;
  • remember items in a shopping cart;
  • remember preferences;
  • maintain login or session information;
  • improve website performance;
  • detect security threats;
  • analyse website traffic;
  • understand customer interactions;
  • measure marketing effectiveness; and
  • provide personalised advertising where permitted.

Cookies may be classified as:

Strictly necessary cookies
These are required for essential website and store functionality.

Functional cookies
These assist with preferences and enhanced website functionality.

Analytics cookies
These help us understand how visitors use the website.

Advertising or marketing cookies
These may assist us or authorised third parties with measuring advertisements or displaying more relevant marketing.

Where consent is legally required for non-essential cookies, we will request consent through an appropriate cookie-management mechanism.

You may be able to accept, reject or adjust categories of cookies through the cookie settings displayed on our website.

You may also control certain cookies through your browser settings. Disabling essential cookies may prevent parts of the store from operating correctly.


16. ANALYTICS, PIXELS AND ADVERTISING TECHNOLOGY

Warm Ivory may use analytics, advertising pixels or similar technologies provided by third-party platforms.

These may include, where implemented:

  • Google services;
  • Meta services;
  • social-media platforms;
  • Ecwid/Lightspeed functionality; and
  • other analytics or advertising service providers.

Such technologies may collect information regarding your browser, device, IP address and interactions with our website.

We will use such technologies subject to applicable privacy and electronic-communications requirements.

Where appropriate, customers will be given cookie or tracking choices.


17. VIDEO AND THIRD-PARTY EMBEDDED CONTENT

Warm Ivory may display videos, social-media content or other embedded material hosted by third-party platforms.

Examples may include video content hosted through platforms such as YouTube, Vimeo, Instagram, TikTok or similar services.

When third-party content is loaded or played, the relevant provider may receive information including:

  • your IP address;
  • device or browser information;
  • viewing activity;
  • interaction with the content;
  • cookies or identifiers; and
  • information associated with your account with that provider where you are logged in.

Warm Ivory does not control the independent privacy practices of third-party platforms.

Where technically available and legally appropriate, embedded content requiring non-essential tracking may remain disabled until the required cookie consent is provided.

You should review the privacy terms of the relevant third-party provider if you wish to understand how that provider processes your information.


18. SOCIAL MEDIA AND WHATSAPP

If you communicate with Warm Ivory through WhatsApp, Facebook, Instagram, TikTok or another third-party communication platform, both Warm Ivory and the relevant platform may process information relating to the communication.

Those platforms operate under their own terms and privacy policies.

Please do not send unnecessary sensitive personal information through social-media direct messages or public comments.

Information posted publicly on social media may be visible to other users and should not be treated as confidential.


19. CROSS-BORDER TRANSFERS

Some technology, e-commerce, cloud-hosting, communications, analytics, payment or other service providers used by Warm Ivory may store or process personal information outside the Republic of South Africa.

Where personal information is transferred to a foreign country, Warm Ivory will take reasonable steps to ensure that the transfer complies with applicable requirements under POPIA.

This may include relying on:

  • an adequate level of legal protection in the relevant jurisdiction;
  • an appropriate contractual arrangement;
  • consent where legally appropriate; or
  • another lawful basis recognised by POPIA.

20. HOW LONG WE KEEP PERSONAL INFORMATION

Warm Ivory will not retain personal information longer than reasonably necessary for the purpose for which it was collected, unless:

  • retention is required or authorised by law;
  • we reasonably require the information for lawful business purposes;
  • the information is required for contractual purposes;
  • it is reasonably necessary for dispute resolution;
  • it is required to establish, exercise or defend legal claims; or
  • you have consented to its continued retention where consent is appropriate.

Different categories of information may therefore have different retention periods.

For example, transaction and accounting records may need to be retained for periods required by tax, accounting or other legislation even where a customer asks us to delete their online account.

When information is no longer lawfully required, we will take reasonable steps to delete, destroy, de-identify or otherwise dispose of it appropriately.


21. SECURITY

Warm Ivory takes reasonable technical and organisational measures to protect personal information under our control against:

  • loss;
  • damage;
  • unauthorised destruction;
  • unlawful access;
  • unlawful processing;
  • alteration; and
  • unauthorised disclosure.

Measures may include, as appropriate:

  • access controls;
  • password protection;
  • secure e-commerce infrastructure;
  • restricted staff access;
  • reputable payment providers;
  • security monitoring;
  • staff confidentiality requirements;
  • backups;
  • malware protection; and
  • appropriate procedures for third-party service providers.

No internet-based service can guarantee absolute security.

Customers also have a responsibility to protect account passwords, devices and login information and should notify us promptly if they suspect unauthorised access to their Warm Ivory account.


22. PERSONAL INFORMATION SECURITY COMPROMISES

If we have reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, Warm Ivory will investigate the incident and take appropriate steps in accordance with POPIA.

Where legally required, we will notify:

  • the Information Regulator; and
  • affected customers or other data subjects,

as soon as reasonably possible after discovery of the compromise, subject to the circumstances and applicable law.

We may also take measures to contain the incident, restore system integrity and reduce the risk of further harm.


23. YOUR RIGHTS

Subject to POPIA and other applicable law, you may have the right to:

  • ask whether Warm Ivory holds personal information about you;
  • request access to personal information held about you;
  • request correction of inaccurate, incomplete, excessive, misleading or outdated information;
  • request deletion or destruction of personal information where legally permitted;
  • object to certain processing of your personal information;
  • withdraw consent where processing is based on consent;
  • object to direct marketing;
  • request information concerning the identity of third parties who have had access to your information where applicable;
  • lodge a complaint with the Information Regulator; and
  • exercise any other right provided under applicable law.

Some rights are subject to statutory qualifications.

For example, Warm Ivory may be legally required to retain certain transaction, tax, accounting, fraud-prevention or legal records even after receiving a deletion request.


24. HOW TO EXERCISE YOUR PRIVACY RIGHTS

To make a privacy-related request, contact us at:

Email: help@warmivory.co.za
Telephone / WhatsApp: 082 467 3876

Please provide sufficient information for us to identify you and understand your request.

We may take reasonable steps to verify your identity before releasing, correcting or deleting personal information.

This is intended to prevent personal information from being disclosed to an unauthorised person.

Where a prescribed POPIA or PAIA form is legally required, we may ask you to complete the relevant form.


25. AUTOMATED RECOMMENDATIONS

Warm Ivory may use automated rules or technology to assist in generating product recommendations from answers provided through Recommendation Tools.

For example, a skincare questionnaire may match stated skin concerns or preferences to products within the Warm Ivory range.

Such recommendations are intended as shopping assistance only.

Warm Ivory will not intentionally use fully automated processing to make a decision that produces legal consequences or similarly significant effects for a customer unless such processing is permitted by applicable law.


26. INFORMATION WE DO NOT WANT YOU TO SEND US

For your protection, please do not send Warm Ivory:

  • online banking passwords;
  • card PINs;
  • CVV security numbers;
  • identity-document copies unless specifically and lawfully requested;
  • complete medical files;
  • medical reports not specifically requested;
  • passwords to third-party accounts; or
  • sensitive personal information irrelevant to your transaction or product enquiry.

If information of this nature is sent to us unnecessarily, we may delete or securely dispose of it where legally appropriate.


27. BUSINESS TRANSFERS

If Warm Ivory or Prosperity Transformationz undergoes a legitimate restructuring, merger, acquisition, sale of business or transfer of relevant business assets, personal information may form part of the transferred business records where permitted by law.

Any successor or recipient will be required to process personal information in accordance with applicable privacy law.


28. LEGAL DISCLOSURES

We may disclose personal information where reasonably necessary to:

  • comply with legislation;
  • comply with a lawful court order, warrant or regulatory request;
  • investigate suspected fraud or criminal conduct;
  • protect the rights or safety of Warm Ivory, our customers or third parties;
  • enforce an agreement;
  • pursue or defend legal proceedings; or
  • comply with another lawful obligation.

We will not disclose more information than reasonably necessary in the circumstances.


29. CHANGES TO THIS PRIVACY POLICY

Warm Ivory may update this Privacy Policy from time to time because of:

  • changes in law;
  • changes to our products or services;
  • implementation of new Recommendation Tools;
  • changes to technology;
  • changes to service providers; or
  • changes to the way we process personal information.

The current version and its effective date will be published on our website.

Where a change materially affects the way in which we process personal information and the law requires further notice or consent, we will take appropriate steps.

Continued website use will not be treated as consent to processing where applicable law specifically requires express consent.


30. INFORMATION REGULATOR

If you believe that Warm Ivory has processed your personal information contrary to POPIA, you may contact us first so that we have an opportunity to investigate and resolve the matter.

You also have the right to lodge a complaint with the Information Regulator (South Africa).

At the date of this policy, the Information Regulator can be contacted through its official website and eServices platform.

General enquiries: enquiries@inforegulator.org.za
Telephone: 010 023 5200
Toll-free: 0800 017 160
Address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191

Complaints relating to alleged violations of POPIA may be lodged through the Information Regulator's official complaints process.


31. CONTACT WARM IVORY

For questions about this Privacy Policy, personal information held about you or the exercise of your privacy rights, contact:

Warm Ivory
Operated by Prosperity Transformationz

Email: help@warmivory.co.za
Telephone / WhatsApp: 082 467 3876

Physical address: 4 Peter Road, Moret, Randburg, Gauteng, South Africa

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