1.1 We are committed to safeguarding the privacy of TNW’s visitors, service users, individual customers, and customer personnel.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection, sharing and publication of your personal data. You can access the privacy controls via www.tnw.co.za.
1.5 In this policy, “we”, “us” and “our” refer to TNW. For more information about us, see Section 14.
2.The personal data that we collect
2.1 In this Section, we have set out the broad categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.
2.2 We may process data enabling us to contact you (“contact data“). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.
2.3 We may process (“account data“). The account data may include your account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences.
The primary source of the account data is although some elements of the account data may be generated by our website. If you log onto our website using a social media account, we will obtain elements of the account data from the relevant social media account provider.
2.4 We may process information relating to transactions, including purchases of goods and/or services, that you enter with us and/or through our website (“transaction data“). The transaction data may include your name, your contact details, your payment card details (or other payment details) and the transaction details. The source of the transaction data is you and/or our payment services provider.
2.5 We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data“). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.
2.6 We may process data about your use of our website and services (“usage data“). The usage data may include [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency, and pattern of your service use]. The source of the usage data is The WooCommerce Analytics Tracking system.
2.7 We may process Checkout Required Data. This data may include Account info, payment details, Delivery addresses and billing addresses. The source of this data is WooCommerce.
3.Purposes of processing and legal bases
3.1 In this Section, we have set out the purposes for which we may process personal data and the legal bases of the processing.
3.2 Operations – We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills, and other payment-related documentation. The legal basis for this processing is our legitimate interests, namely [the proper administration of our website, services and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter such a contract.
3.3 Publications – We may process account data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is by consent OR our legitimate interests, namely the publication of content in the ordinary course of our operations OR the performance of a contract between you and us and/or taking steps, at your request, to enter such a contract.
3.4 Relationships and communications – We may process transaction and account data for the purposes of managing our relationships, communication with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is namely communications with our website visitors, service users, individual customers and customer personnel, the maintenance of relationships, and the proper administration of our website, services, and business.
3.5 Direct marketing – We may process contact data, account data and/or transaction data for the purposes of creating, targeting, sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users.
3.6 Research and analysis – We may process data and/or transaction data for the purposes of researching and analyzing the use of our website and services, as well as researching and analyzing other interactions with our business. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving, securing our website, services and business.
3.7 Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to run our business properly and efficiently in accordance with this policy.
3.8 Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.
3.9 Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely protection of our business against any risks.
3.10 Legal claims – We may process your personal data where necessary, for the establishment, exercise, or defiance of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.11 Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or to protect your vital interests or the vital interests of another natural person.
4.Providing your personal data to others
4.1 We may disclose your personal data to our insurers and/or professional advisers] as far as reasonably necessary for the purposes of [obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.
4.2 Your personal data held in our website database will be stored on the servers of our hosting service providers Digital Maintenance Technical (Pty) Ltd (DMT) at http://www.dmt.co.za/.
4.3 We may disclose specific personal data category or categories to our suppliers or subcontractors identified at www.tnw.co.za as far as reasonably necessary of which consent will be requested.
4.4 Financial transactions relating to our website and services are handled by our payment service provider, OZOW. We will share transaction data with our payment service provider only to the extent necessary for the purposes of processing your payment, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at www.ozow.co.za.
4.5 In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5.International transfers of your personal data
5.1 You acknowledge that personal data that you submit for publication through our website or services] may be available, via the internet, around the world. We cannot prevent the use or misuse of such personal data by others.
6.Retaining and deleting personal data
6.1 This Section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) All Personal data will be retained for the purposes of online shopping until a user requests that this information to be deleted (deletion of client account).
6.4 Notwithstanding the other provisions of this Section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.
7.1 In this Section, we have listed the rights that you have under data protection law.
Your principal rights under data protection law are:
(a)the right to access – you can ask for copies of your personal data.
(b)the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data.
(c)the right to erasure – you can ask us to erase your personal data.
(d)the right to restrict processing – you can ask us to restrict the processing of your personal data.
(e)the right to object to processing – you can object to the processing of your personal data.
(f)the right to data portability – you can ask that we transfer your personal data to another organization or to you;
(g)the right to complain to a supervisory authority – you can complain about our processing of your personal data; and
(h)the right to withdraw consent – to the extent that the legal basis our processing of your personal data is consent, you can withdraw that consent.
7.2 These rights are subject to certain limitations and exceptions.
7.3 You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out on www.tnw.co.za.
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
9.Cookies that we use
10.Cookies used by our service providers
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links: