Protection of Personal Information (“POPI”), Privacy Policy and Principles

 

Introduction

    • 4Seeds respect clients and users’ (hereinafter collectively referred to as Users) Privacy and will take reasonable measures to protect it, as more fully detailed below.
    • 4Seeds may require the User to provide it with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth.
    • Should the User’s personal information change, please inform 4Seeds and provide it with the updates within 7 days to enable it to update the User’s personal information.
    • Users may choose to provide additional personal information to 4Seeds, in which event Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.
    • 4Seeds ask each of its Users to abide by all applicable laws, rules and regulations.

User’s consent

By using 4Seeds and its Website or services of 4Seeds, the Users consent to the transfer of the User’s personal data. Subject to the below, 4Seeds will not, without the User’s express consent, use the User’s personal information for any purpose other than as set out below:

  • 4Seeds uses that information for several purposes: to register the User’s for inclusion in our services; to fulfill the User’s request; to contact Users if we need to obtain or provide additional information; to verify the accuracy of our records; or to contact Users regarding customer satisfaction surveys;
  • in relation to the ordering, sale and delivery of services;
  • to contact Users regarding current or new products or services or any other products offered by 4Seeds;
  • to inform Users of new features, special offers and promotional competitions offered by 4Seeds;
  • to improve our products, services and Users selection and the User’s experience on our Website by, for example, monitoring the User’s browsing habits;
  • collect certain technical information, such as the browser version and operating system;
  • disclose the User’s personal information to any third party other than as set out below:
    • to our employees and/or third party service providers who assist 4Seeds to interact with Users via our Website, or any other method, for the ordering of products or services and thus need to know the User’s personal information in order to assist 4Seeds to communicate with Users properly and efficiently;
    • to our Users (including their employees and/or third party service providers) in order for them to interact directly with Users via email or any other method for purposes of delivering additional services and/or products, sending Users marketing material regarding any current or new products or services, new features, special offers or promotional items offered by them;
    • to law enforcement, government officials, fraud detection agencies or other third parties when 4Seeds believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy;
    • to our service providers (under contract with 4Seeds) 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 the User’s information in connection with the services they perform for 4Seeds and not for their own benefit;
    • to our suppliers in order for them to liaise directly with Users in the event of Users submitting a warranty claim regarding any products or services Users have purchased which requires their involvement.
  • From time to time 4Seeds may also administer random “interactive pop-up” surveys to some Users on their sites. These surveys request additional demographic, non-personally identifiable information. The Users’ participation in a survey is always voluntary, and Users therefore have a choice as to whether or not to provide the requested survey information. 4Seeds use the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Users with an even more detailed understanding of its target market.
  • 4Seeds is entitled to use or disclose the User’s 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 4Seeds, or to protect and defend our rights or property.
  • 4Seeds will ensure that all of our employees, third party service providers, divisions and partners (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.

Personal Information

4Seeds will –

  • treat the User’s personal information as strictly confidential, save where 4Seeds is entitled to share it as set out in this Policy;
  • take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  • provide Users with access to the User’s personal information to view and/or update personal details;
  • promptly notify Users if 4Seeds becomes aware of any unauthorised use, disclosure or processing of the User’s personal information;
  • provide Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request;
  • upon the User’s request, promptly return or destroy any and all of the User’s personal information in our possession or control, save for that which 4Seeds are legally obliged to retain;
  • 4Seeds will not retain the User’s personal information longer than the period for which it was originally needed, unless 4Seeds is required by law to do so, or Users consent to 4Seeds retaining such information for a longer period;
  • 4Seeds undertakes never to sell or make the User’s personal information available to any third party other than as provided for in this Policy, unless 4Seeds is compelled to do so by law. In particular, in the event of a fraudulent online payment, 4Seeds 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;
  • whilst 4Seeds will do all things reasonably necessary to protect the User’s rights of Privacy, 4Seeds cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s 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;
  • if Users disclose the User’s personal information to a third party, such as an entity which operates a Website linked to this Website or anyone other than 4Seeds , 4Seeds WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because 4Seeds does not regulate or control how that third party uses the User’s personal information. The User should always ensure that it reads the Privacy Policy of any third party;
  • 4Seeds will retain the User’s personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law;
  • The personal information from Users may be stored and processed in any country where 4Seeds has facilities or where the products from its Users originate, and by using the User’s consent to the transfer of information to countries outside of the User’s country of residence, which have different data protection rules than in the User’s country;
  • 4Seeds does not offer information intended to attract children. 4Seeds do not knowingly solicit personal information from children under the age of 14;
  • the User and User have the right to request a copy of the personal information we hold about the User and/or User. To do so, simply email 4Seeds on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. 4Seeds will take all reasonable steps to confirm the User and/or User’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee;
  • the User and/or User has the right to ask 4Seeds to update, correct or delete its personal information. The User and/or User may do this by contacting 4Seeds at the numbers/addresses/email provided below. 4Seeds will take all reasonable steps to confirm the of the User and/or User’s identity before making changes to personal information we may hold about it;
  • if User and/or User have questions about this Policy, believe 4Seeds has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct personal information, please contact 4Seeds at the following numbers/addresses:

Security

    • 4Seeds use reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.
    • If Users have reason to believe that the User’s interaction with 4Seeds is no longer secure (for example, if Users feel that the security of any account Users might have with 4Seeds has been compromised), please immediately notify 4Seeds of the problem by contacting 4Seeds in accordance with the “Contact Us” section.

 Cookies

    • The 4Seeds Website makes 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 4Seeds 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 and its content.
    • The type of information collected by cookies is not used to personally identify Users. If Users do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows Users to deny or accept the cookie feature.
    • Please note that cookies may be necessary to provide Users with certain features available on our Website, and thus if Users disable the cookies on the User’s browser Users may not be able to use those features, and the User’s access to our Website will therefore be limited. If Users do not disable “cookies”, Users are deemed to consent to our use of any personal information collected using those cookies.

 

Changes to the Privacy Policy

    • 4Seeds may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the User’s responsibility to regularly check the Privacy Policy and make sure that Users are satisfied with the changes. Should a User not be satisfied, Users must not place any further orders on, or in any other way use, the Website.
    • Any such change will only apply to the User’s use of this Website after the change is displayed on the Website. If Users use the Website after such amended Privacy Policy, Users will be deemed to have accepted such changes.

Electronic communications

When Users visit the Website or send emails to 4Seeds, Users consent to receiving communications from 4Seeds or any of our Users electronically in accordance with our Privacy Policy.

Disclaimer

    • The use of the 4Seeds services or Website is entirely at the User’s own risk and Users assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    • Whilst 4Seeds takes reasonable measures to ensure that the content of the Website is accurate and complete, 4Seeds makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by 4Seeds’ representatives, 4Seeds will not be bound thereby.
    • 4Seeds disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or any content therein unless otherwise provided by law.
    • Any views or statements made or expressed on the Website are not necessarily the views of 4Seeds, its directors, employees and/or agents.
    • In addition to the disclaimers contained elsewhere on the Website or in this Privacy Policy, 4Seeds also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the User’s computer system, computer network, hardware or software in any way. The Users accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software, save where such risks arise due to the gross negligence or willful misconduct of 4Seeds, its employees, agents or authorised representatives. 4Seeds thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the User’s access to or use of the Website.

 

Limitation of liability

    • 4Seeds cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of 4Seeds, its employees, agents or authorised representatives. Users are encouraged to contact 4Seeds to report any possible malfunctions or errors by way of email.
    • 4Seeds WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    • YOU HEREBY INDEMNIFY 4Seeds AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

Availability and termination

    • 4Seeds will use reasonable endeavours to maintain the availability of the services and Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to Users.
    • 4Seeds may in its sole discretion suspend and modify this Website, with or without notice to Users. You agree that 4Seeds will not be liable to Users in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by Users prior to such time, to the extent possible.
    • If Users fail to comply with the User’s obligations under this Privacy Policy, including any incident involving payment of the price of an order for any products from other Users, this may (in our sole discretion with or without notice to Users) lead to a suspension and/or termination of the User’s access to the Website without any prejudice to any claims for damages or otherwise that 4Seeds or the other User may have against Users.
    • 4Seeds is entitled, for purposes of preventing suspected fraud and/or where it suspects that Users are abusing the Website and/or have created multiple User profiles to take advantage, to blacklist Users on its database (including suspending or terminating the User’s access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between Users and 4Seeds, in whole or in part, on notice to Users and accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order for the 4Seeds services or through a User.

Governing law and jurisdiction

    • This Privacy Policy and our relationship and/or any dispute arising from or in connection with the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa.
    • Your continued use of the Website will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Privacy Policy.
    • In the event of any dispute arising between Users and 4Seeds, Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    • Nothing in this clause or the Privacy Policy limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA.

Notices

    • 4Seeds hereby selects the address as it reflects on its Website from time to time, as its address for the service of all formal notices and legal processes in connection with the Privacy Policy (“legal address”). 4Seeds may change this address from time to time by updating the Privacy Policy.
    • You hereby select the physical address specified with the User’s invoice as the User’s legal address, but Users may change it to any other physical address by giving 4Seeds not less than 7 days’ notice in writing.
    • Notices must be sent either by hand, prepaid registered post or email. All notices sent –
      • by hand will be deemed to have been received on the date of delivery;
      • by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      • by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.

General

    • Any failure on the part of Users or 4Seeds to enforce any right in terms hereof will not constitute a waiver of that right.
    • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    • No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    • No other warranty or undertaking is valid, unless contained in this document between the parties.