Privacy policy

Latest update: May 5th, 2020

1. In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these Terms and Conditions including the Privacy Policy hereunder (“T&C’s”) are binding and enforceable against all persons that access the Platform (the “Platform”) or any part thereof or make use of the Platform.
2. If you do not agree with the T&C’s, do not accept and do not click the accept box. Leave immediately and terminate use of the Platform. Any delay in leaving and terminating use of the Platform shall be regarded as the User’s full and unconditional understanding and acceptance of these T&C’s.

1 DEFINITIONS AND INTERPRETATIONS

1. 1 In these T&C’s, unless the context indicates that some other meaning is intended:
2. 1.1 “User” means a User or utilizes the Platform; and
   1. 1.2 “Platform” means the at www.somfy.co.za, any Applications or other connected online platforms by the Company
3. 2 Any words indicated with inverted commas and starting with a capital letter shall bear the definition of the phrase or concept immediately preceding same as if it were included as a definition in terms of this clause;
4. 3 References herein to the singular include the plural and vice versa;
5. 4 These T&C’s should be read and interpreted with SOMFY SAS’ global privacy policy obtainable at www.somfy.com. In case of a conflict or where these T&C’s are silent, such provision in the global privacy policy shall prevail and

1. 5 Hyperlinks have been used in these T&C’s. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these T&C’s.

2 PRIVACY POLICY

1. 1 The Company will respect the privacy of the Users/s and will take reasonable measures to protect it, as more fully detailed below.
2. 2 When registering on the Platform or signing- up as a by completing the relevant form, the Company will require that Users/s provide us with personal information.
3. 3 Should the User’s personal information change, the User shall inform the Company and provide it with updates to his/her/its personal information as soon as reasonably possible to enable the Company to update such personal information.
4. 4 The User may choose to provide additional personal information to the Company, in which event the User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or group of persons or falsely state or otherwise misrepresent your affiliation with anyone or any group of persons.

3 PURPOSE AND MANNER OF PERSONAL DATA COLLECTION AND USE

The Company collects and processes personal data in accordance with the provisions of the European Union General Data Protection Regulation (“GDPR”) and Protection of Personal Information Act, No 4 of 2013 (“POPIA”), as amended and other regulations in force in the Republic of South Africa.

4 PROHIBITED CONTENT AND PRACTICES

1. 1 It is prohibited to publish, transmit, upload or exchange any content violating the current laws of the Republic of South Africa, particularly content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, content violating intellectual property rights, content considered as unauthorised disclosure of personal data or as violation of the right of privacy of Users or third parties, as well as any other content which may cause damage to the Company, other Users or third parties (“Prohibited Content”).

1. 2 It is not allowed (hereinafter “Prohibited Practices”) to:
2. 2.1 Use the Platform in a manner which may cause damage to the Company, other Users or any third party;
3. 2.2 publish, upload, exchange or transmit Prohibited Content
4. 2.3 publish, upload, exchange or transmit any content that the User knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to the Company, other Users or third parties;
5. 2.4 for any User misrepresenting him/herself for deceiving the Company’s the Users or third parties;
6. .2.5 publish, upload, exchange or transmit to the Company, other Users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
7. 2.6 purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Platform, cause damage or destruction of any computer program, or any computer and other equipment owned by the Company other Users or third parties;
8. 2.7 collect, process or use personal data of the Users or third parties in an unauthorised manner;
9. 2.8 engage in overt or covert advertising (verbal or graphic representation of Products, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorised manner.

1. 3 Users or third parties shall be legally liable for failure to comply with the provisions of these T&C’s related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to the Company, other Users and/or third parties.
2. 4 The Company reserves the right, but does not assume the obligation, to cancel the account of a User as a result of the User’s Prohibited Practices or other unlawful behaviour, or any violation of these T&C’s that the Company assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any User or third party.
3. 5 In consequence of the above, the Company cannot be held responsible for possible damage incurred to the User, other Users or third parties, caused by Prohibited Practices or cancellation of the User account in accordance with clause 6.4 above.

5 LINKS TO THIRD PARTY PLATFORM

1. 1 We shall not control or supervise content available through the Links and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof.
2. 2 In consequence of the above, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any Link, or relying on any content available via the Link.

6 PRIVACY STATEMENT IN TERMS OF THE GDPR AND POPIA

1. 1 Data will be collected for statistical purposes, record keeping, and for the purpose of authentication and implementation by the User. The following data will be collected:

• Title;
• Full Name;

• User’s Contact Details;
• User’s role within his/her company;
• the products or services that are of interest to the User’s or the his/her company;
• User’s opinion and preferences about a product;
• User’s feedback about Somfy’s services
• Client number;
• Bank Account Details;
• Credit Card Numbers;
• User’s signature;
• Date of birth;
• Photo of the User;
• any shared location data;
• Subscription date;
• Email address;
• Cloud ID;
• IP address;
• mobile telephone number;
• certain information collected from the User’s controller device, including log files, device information and network information, and depending on your chosen services, location or biometric data.

6.1.1 As and when necessary, the Company may electronically collect, store, disclose and/or use the personal information.

6.1.2 Information collected from Users/s is required to compile, and deliver the Benefits and/or Services to the Users/s and more specifically, to:

• Generally, manage and maintain the business relationship with the User, including to create and maintain an account in the Company’s system(s);
• Manage the User’s order(s);
• To render services as agreed between the Company and the User;
• Activate the User’s Somfy device,
• Marketing and statistical purposes;
• Deliver and improve customer service.

6.1.3 All information collected, is kept strictly confidential and all reasonable steps are taken to ensure that information is secured in storage and ultimate destruction. It will not be shared with any third party without the prior written consent of the User.

6.1.4 The Company shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of the User’s personal information. For the purpose of these T&C’s, “personal information” shall be defined as detailed in the POPIA. As and when necessary, the Company may electronically collect, store, disclose and/or use the following of the User’s personal information.

6.1.5 The Company will ensure that all our employees, third-party service providers, (including their employees and third-party service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information and meet any applicable law, regulation, legal process, or enforceable governmental request.

6.1.6 The User’s personal data will be hosted and stored in countries which might not have the adequacy decision of the European Union; other third-party contractors may have access to your data only for the purpose specified herein and the access of such third parties is strictly controlled.

6.1.6 Whenever the Company is sending data to countries that are not providing the same level of protection as the EU’s GDPR, the Company will use appropriate safeguards to protect the User’s or ’s personal data, including but not limited to Standard Contractual Clauses for Processors.

1. 2 The Company collects stores and uses the abovementioned information to:

6.2.1 Communicate requested information to Users/s;

6.2.2 Respond to queries, responses or complaints submitted by Users/s;

6.2.3 Process applications for the Platform services;

6.2.4 Create services that may meet the future requirements of Users/s;

6.2.5 Provide Users/s with access to restricted pages on the Platform;

6.2.6 Compile non-personal statistical information about browsing habits, click-patterns and access to the online Platform; and

6.2.7 Onboard a for purposes of introducing the Platform.

1. 3 Personal information detailed above is collected and/or stored either electronically using “cookies” or is provided voluntarily with the User’s knowledge and consent. The User can determine any use of cookies through your browser settings but note that turning off cookies may cause certain features of the Platform to be unavailable to the User.
2. 4 The Company may further collect non-personal information, for example, the User’s IP address, the date and time of their visits to the Platform, and browser history, to recognise the User during any subsequent visits to the Platform and/or use of the online Platform. The Company may further use this non-personal information to develop future services to meet the User’s requirements and needs.
3. 5 The Company owns and retains all rights to non-personal statistical information collected and compiled by The Company.
4. 6 The Company will not share the User’s personal information outside of the Company except in the following circumstances:

6.6.1 With prior consent;

6.6.2 With its employees and/or third-party service providers who assist with the Platform;

6.6.3 When processing of information is necessary for the performance of a contract with the User;

6.6.4 When the Company has a legal obligation to share the information

6.6.5 When the information is necessary in order to protect the vital interests of the User or of another person;

6.6.6 When the information is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested;

6.6.7 When the information is necessary for the purposes of the legitimate interests pursued by the Company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the User which require protection of personal data.

7 COLLECTION AND PROCESSING OF PERSONAL DATA BY OTHER USERS OR THIRD PARTIES

The Platform contains content and may contain Links to third-party Platforms, through which other Users/s or third parties may gain authorised or unauthorised access to the User’s personal data. These T&C’s do not apply to the collection, processing or use of personal data that the User has communicated to other Users and/or third parties. It is in the User’s best interest to acquaint themselves with the rules of personal data protection, and the protection of privacy applied by other Users/ s and/or third parties such as Youtube API for videos broadcast (see terms of use and privacy policy).

8 MODIFICATION AND DELETION OF PERSONAL DATA

The User is legally entitled to request modification or deletion of their personal data, or deletion from the User’s database at any time. Modification or deletion of data shall be affected based on an appropriate notice addressed to the Company as outlined in 12 above.

9 COOKIES

1. 1 We reserve the right to use cookies.
2. 2 A cookie is a group of data serving as the User’s anonymous individual identifier that is sent to your browser by the Platform. Cookies are sent when the User accesses the