KETUTI PRIVACY AND PERSONAL INFORMATION POLICY

By accessing or using www.ketuti.co.za (“the Website”), owned by KETUTI (Pty) Ltd. with registration number [2016/524032/07] (“Ketuti”), you agree that you have read, understood and consent to the terms and conditions contained herein (“the Terms”), specifically relating to personal information and privacy derived from, or applicable to the use of the Website or in the provision of any Product or services offered by the Website or Third-Part Sellers on the Website.

All rights in and to the content of the Website remain at all times expressly reserved by Ketuti.

The Terms herein are to be read in conjunction with Ketuti’s Intellectual Property Policy, Terms & Conditions and Disclaimer.

Please read these terms carefully before accessing or using the Website.

The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. The terms “us”, “we” or “our/s” refers to Ketuti.

  1. We respect your privacy and your personal information, and will take reasonable measures to protect it, as more fully detailed below.
  2. Should you decide to register with or function as a user/customer/merchant/other user on the Website, Ketuti may collect, collate, process, and use the following types of information about you when you use the Website (“personal information”):
  3. Information provided by the user. Ketuti collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting/SnapScan account information, product and service preferences and contact preferences that are not otherwise publicly available); and
  4. Information that is collected automatically. Ketuti receives and stores information which is transmitted automatically from the user’s computer when the user browse the internet. This information includes information from cookies (which are described in clause 14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
  5. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Ketuti is however under no obligation to ensure that your personal information or other information supplied by you is correct.
  6. You warrant that the personal information disclosed to Ketuti, Ketuti Sellers or the Website is directly from you as the user/customer/merchant/other user on the Website or in connection to the services, and all such personal information is lawfully yours to provide.
  7. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
  8. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website, Product and/or services, and you have consented to this, but we will not, without your express consent:
  9. use your personal information for any purpose other than as set out below:
    1. in relation to the ordering, sale and delivery of any Product as via the Ketuti Seller;
    2. to contact you regarding current or new Product or services or any other Product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same contact);
  • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same correspondence); and
  1. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
  1. disclose your personal information to any third party other than as set out below:
    1. to our employees, third party service providers and/or Ketuti Sellers who assist us to interact with you via our Website, email or any other method, for the ordering of Product or when delivering Product to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
    2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Product or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through same correspondence with us);
  • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other Policies;
  1. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate; and
  2. to our suppliers in order for them to liaise directly with you regarding any faulty Product you have purchased which requires their involvement.
  1. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Ketuti is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  2. We will ensure that all of our employees, Ketuti Sellers, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Ketuti’s in relation to your personal information.
  3. We will -
  4. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
  5. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  6. provide you with reasonable access to your personal information to view and/or update personal details;
  7. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  8. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  9. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain personal information is amended or destroyed).
  10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  11. Ketuti undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
  12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  13. If you disclose your personal information to a Ketuti Seller or third party, such as an entity which operates a website linked to this Website or anyone other than Ketuti, Ketuti shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the Ketuti Seller or third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
  14. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms and the Website’s other Policies.
  15. The user is entitled to request access to any relevant personal data held by Ketuti and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any Ketuti Seller or third-party, the user must approach that party for the realisation of the user’s personal data rights with them, and not with Ketuti.