This Agreement was last revised on 04 September 2020.
You are advised to regularly visit the BeBlunt Store for any amendments or updates.
In this Policy the following definitions shall apply:
1.1. “Data Protection Laws” shall mean all South African legislation and regulations protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of personal information;
1.2. “Analytics” shall mean the collection, discovery and interpretation of meaningful observations, occurrences or patterns in User behaviour on the BeBlunt Store. Analytics do not contain any Personal Information;
1.3. “BeBlunt” means Canna Be Blunt (Pty) Ltd (Reg No: 2012/190320/07);
1.4. “BeBlunt Products” means the various BeBlunt Products available for purchase on the BeBlunt Store, including but not limited to: CBD edibles, teas, oils and other merchandise;
1.5. “The BeBlunt Store” means the BeBlunt Store accessible at www.beblunt.co.za, owned and operated by BeBlunt (“Us, Our, Ourselves, We”);
1.6. “Data Subject” shall mean any natural or juristic person in respect of whom Personal Information relates;
1.7. “Personal Information” shall mean any information relating to an identified or identifiable natural or juristic person (‘data subject’); an identifiable natural or juristic person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
1.9. “Third-Partyies” shall mean any other natural or juristic person that is not You, the User, or Ourselves;
1.10. “Users” shall collectively refer to both Guest Users and Registered Users who visit and/or transact on the BeBlunt Store;
1.11. “User Data” shall collectively refer to all data (including Personal Information) provided and/or generated by Users who visit, register and/or transact on the BeBlunt Store. User Data includes but is not limited to: account details; order history and addresses).
- PERSONAL INFORMATION
- Consent For Collection And Processing
- Purpose For Collection And Processing
We primarily collect and process Your Personal Information to provide the BeBlunt Store and deliver the BeBlunt Products You requested from Us when using the BeBlunt Store. Our Purpose for collecting Your Personal Information includes, but is not limited to:
- Identify You, the User, and Your User account;
- Developing and improving the BeBlunt Store;
- Facilitating direct communication between Us and You, the User;
- To process, bill and collect payment for Your BeBlunt Products orders;
- To deliver Your BeBlunt Product orders;
- To engage in market research, gauge Your satisfaction with the BeBlunt Store/BeBlunt Products, and to seek feedback regarding Our relationship with You and/or the quality of service We have provided;
- To update You on changes to the BeBlunt Store or BeBlunt Products, including new promotions.
- Research and analysis of trends in relation to Our business;
- To anticipate and resolve problems with the BeBlunt Store;
- To comply with Our legal obligations;
- Other purposes as authorised or required by law (e.g. to prevent a threat to life, health or safety, or to enforce Our legal rights); and
- Where required by law, specifically in response to a demand from government authorities where such demand meets the legal requirements.
We expressly acknowledge and undertake to not use any Personal Information for any other purposes without Your consent or as required by law.
- Collection: What and How
WHAT: The Personal Information We collect will vary depending on how You are using the BeBlunt Store. We collect Personal Information and other information relating to You, either as a juristic person – such as Your business name, email address and business address – or as a natural person – such as Your name; surname; email address; contact number; physical address; age; gender; race; nationality; well-being; and credit card information. Some of this information is collected for statistical and research purposes We may also collect other information, such as Your IP address, search terms, and site pages You visit whilst on the BeBlunt Store.
The technologies We use for automatic data collection may include cookies and log data, which are described in, and are subject to, Our Cookies Policy.
HOW: We collect Your Personal Information either directly or indirectly, including, without limitation, by You:
- visiting the BeBlunt Store;
- placing an order on the BeBlunt Store;
- registering a User account on the BeBlunt Store;
- submitting or creating User Data on the BeBlunt Store;
- submitting information to Us through the BeBlunt Store or by way of email;
- filling out a contact form or survey;
- signing up for an e-mail newsletter; and/or
- requesting information or otherwise communicating via e-mail.
You agree that any and all Personal Information that You provide to Us is accurate. In the event that Your Personal Information contains any errors or inaccuracies, You agree to indemnify and hold Us, Our officers, directors, employees, agents, licensors, and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Our reliance on such Personal Information.
You must also let Us know immediately if You become aware that Your Personal Information has been provided to Us by another person without Your consent or if You did not obtain consent before providing another person’s Personal Information to Us.
- Processing Of Personal Information
The processing of Your Personal Information by Us shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of information.
We will only process Your Personal Information, where:
- You have consented to such processing (which You may withdraw at any time by sending an email to email@example.com;
- The processing is necessary to provide the BeBlunt Store to You, as well as Our BeBlunt Products, in terms of Our contractual relationship with Yourself;
- The processing is necessary for compliance with Our legal obligations; and/or
- The processing is necessary for Our legitimate interests or those of any Third-Party recipients that may receive Your Personal Information – as detailed in the section below.
- Further Processing: Who Do We Share Your Personal Information With And Why?
We do not and will not sell, rent out or trade Your Personal Information. We will only share Your Personal Information to Third-Parties in the manner set out in this Policy and in accordance with Data Protection Laws. Note that the term ‘share’ includes the act of ‘disclosing’; ‘transferring’; ‘sending’ or otherwise making Your Personal Information available or accessible to another person or entity.
We share Your Personal Information with relevant Third-Parties so that We may provide the BeBlunt Store and deliver the BeBlunt Products to You. We may share some or all of Your Personal Information with the following entities:
- Courier companies – in order to deliver Your orders placed on the BeBlunt Store.
Personal Information processed on the BeBlunt Store will only be disclosed in accordance with the consent provided by Yourself. We do not permit any of Our necessary Third-Parties to use Your Personal Information for any other purpose than to perform the services that We have instructed them to provide. All processing is compatible with such purpose. We may share aggregated statistical information with Third-Parties (including our commercial partners) for advertising or marketing purposes. No Personal Information will be shared in this manner.
Other than the above, We will not disclose Your Personal Information without Your consent unless We reasonably believe that disclosure is necessary to lessen or prevent a threat to life, health or safety of an individual or to public health or safety or for certain action to be undertaken by an enforcement body (e.g. prevention, detection, investigation, prosecution or punishment of criminal offences), or where such disclosure is authorised or required by law (including Data Protection Laws).
- YOUR RIGHTS
You may choose when You wish to provide Your Personal to Us. You also have the right to withdraw Your consent. However, if You choose not to provide certain details, or if You withdraw Your consent, Your experience with some, or all of the BeBlunt Store features and/or services, may be affected. To the extent provided for in law, You have certain rights in respect of Your Personal Information. In particular:
- Withdrawal of Consent: You may withdraw Your consent at any time by sending a written request to firstname.lastname@example.org. Upon receiving notice that You have revoked Your consent, We will stop using Your Personal Information within a reasonable time, which will vary depending on what information We have collected and for what purpose, and We will send You a confirmation email stating same.
- Access or obtain a Copy of Your Personal Information: You have the right to examine any of Your Personal Information that We collect. Should You wish to examine the Personal Information We hold about You, or obtain a copy thereof, please send Us a written request to: email@example.com. We reserve the right to charge You a reasonable administrative fee to access and/or obtain a copy of Your Personal Information.
- Update, Modify, Rectify, Erase: the Personal Information that We hold on You; and
- Object: to the processing of Your Personal Information or Restrict or stop Us from using any of the Personal Information which We hold on You, including by withdrawing any consent You have previously given to the processing of such information.
You also have the right to request Us to stop contacting You for marketing purposes: when You receive promotional communications from Us, You may indicate a preference to stop receiving further promotional communications from Us and You will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail You receive or by contacting Us firstname.lastname@example.org.
These rights are not absolute, and We therefore reserve the right to refuse any requests in terms of the above-mentioned rights, for any reason permitted under Data Protection Laws.
In the event that You wish to enforce any of the above rights, You can request this by emailing Us at email@example.com. Furthermore, You also have the right to lodge a complaint with the South African Information Regulator.
- SECURITY OF INFORMATION
We are committed to safeguarding and protecting Your Personal Information and will implement and maintain appropriate technical and organisational measures to safeguard any Personal Information provided to Us from accidental or unlawful destruction, loss or alteration, as well as the unauthorised disclosure of, or access to, Personal Information transmitted, stored or otherwise processed. We have various security measures in place to protect the Personal Information We hold from loss and misuse, and from unauthorised access, modification, disclosure and interference – we will review these processes regularly and improve them when required. We will destroy or de-identify Personal Information once We no longer require it for Our business purposes, or as required by law.
Notwithstanding the above, it is emphasised that even though We have taken significant steps to protect Your Personal Information, You acknowledge and understand that no company, including Ourselves, can fully protect against security risks associated with the processing of Personal Information online.
- HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?
When retention of the Personal Information is no longer necessary, the information will either be deleted or aggregated for Analytics purposes, in which We case We will de-identify Your Personal Information.
- CROSS-BORDER TRANSFERS
We do not, by default, transfer Your Personal Information beyond the borders of the Republic of South Africa. However, when required for operational or technical reasons, Your Personal Information may be processed and stored in a server outside of the Republic of South Africa until the operational and technical reason has been resolved. In such cases, You explicitly consent to the transfer of Your Personal Information for processing/storage in a server outside of the Republic of South Africa, understanding that foreign countries will have different laws and regulations concerning the processing of Personal Information that may be less stringent than the laws in South Africa.
- THIRD PARTY WEBSITES
We may provide links to websites outside of the BeBlunt Store, as well as to Third-Party websites. These linked sites are not under Our control, and We cannot accept responsibility for the conduct of companies that may be hyperlinked on the BeBlunt Store, from time to time. Before disclosing Your Personal Information on any other website, We encourage You to examine the terms and conditions of the Third-Party and the policy detailing the privacy practices of the Third-Party.
- CHANGES TO THIS POLICY
We may change this Policy at any time, in which case any amended terms shall be effective immediately upon the posting of the revised Policy and any subsequent activity in relation to the BeBlunt Store shall be governed by such amended terms. We therefore recommend that You visit this Policy on the BeBlunt Store regularly. If You do not agree with any of Our privacy practices detailed in this Policy, please do not use the BeBlunt Store.