Privacy Policy

INTRODUCTION

This Privacy Policy (“Policy”) governs the collection, management and disclosure of Personal Data that Coffee Capsules Direct t/a Caffenu (Pty) Ltd (“We”, “Us” “Our”) collects through the Caffenu Website located at https://caffenu.com/ (“Website”).  We respect your rights to responsible management of your Personal Data under the General Data Protection Regulation (“GDPR”).

This Website is provided for information and marketing services only.  Caffenu does not collect Personal Data beyond that which is required to directly interact with You and provide requested information to You.

Use of the Website is subject to this Policy. By using the Website, Users (“You”, or “Your” may be used interchangeably with “User”) signify consent to processing of Personal Data in accordance with this Policy.  We may amend this Policy at any time. All amended terms shall be effective immediately upon the posting of the revised Policy and any subsequent activity in relation to the Website shall be governed by such amended terms and conditions of usage. If You do not agree with any term in this Policy, please do not use the Website or submit any personally identifiable data through the Website.

This Policy was last revised on 17 June 2022. 

You are advised to regularly visit the Website for any amendments or updates.

Enquiries: [email protected]

GENERAL DEFINITIONS

In this Policy the following definitions shall apply:

1.1. “Analytics” shall mean the collection, discovery and interpretation of meaningful observations, occurrences or patterns in User behaviour on the Website.  Analytics do not contain any Personal Data.

1.2. “Caffenu” means Coffee Capsules Direct t/a Caffenu (Pty) Ltd (Reg No: 2013/083136/07).  A company duly incorporated and registered in the Republic of South Africa.

1.3. “Cookies” means small blocks of analytical data generated automatically through Your use of the Website. Our Cookies are described in detail on the Website.

1.4. “Controller” means the person which alone or jointly with other, determines the purposes and means of processing of Personal Data.  We are the Controller for Personal Data submitted by You on or through the Website.

1.5. “Data Subject” means the natural person to whom Personal Data relates.

1.6. “GDPR” means the General Data Protection Regulation 2016/679.

1.7. “Personal Data” means any information relating to an identified or identifiable natural person, that is, a person who can be identified, directly or indirectly with 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, psychological, genetic, mental, economic, cultural or social identity of that natural person.

1.8. “Policy” means this Privacy Policy.

1.9. “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

1.10. “Services” means the limited services offered on the Website which include general information on Caffenu products, a newsletter and a “Contact us” form where You may submit any queries directly to Us.

1.11. “Third Party” means a person other than the Data Subject, Controller, Processor and persons who, under the direct authority of the Controller or processor, are authorised to process personal data.

1.12. “User/s” means You the visitor of the Website.

1.13. “User Data” shall collectively refer to all data (including Personal Data) provided and/or generated by Users who visit the Website. User Data includes: names, email address and analytical information generated by the Cookies.

1.14. “Website” means this Website through which Caffenu provides information on its Services and offerings to You.

PERSONAL DATA

1.1. Consent For Collection And Processing

By accessing, visiting, or using the Website, You grant consent to Us to process Your Personal Data.  Consent is gained as follows:

• Analytical data – When You first visit the Website, You will be prompted to consent to Our use of Cookies. You may consent to Our use of Cookies either in whole, in part or not at all. Our use of Cookies is detailed later in this Policy.
• Personal Data –
  • When You complete a “Contact Us” form on the Website, You expressly consent to Our processing of Your Personal Data submitted in the form by clicking “Yes, I would like to receive communication from Caffenu via email” and clicking “submit”.
  • When You complete a “Become a Reseller” form on the Website, You expressly consent to Our processing of Your Personal Data submitted in the form by clicking “Yes, I would like to receive communication from Caffenu via email” and clicking “submit”.
  • When you sign up for Our newsletter, You expressly consent to the processing of Your Personal Data to receive marketing material by clicking “I Consent” when prompted at the stage of signup.

Where You submit the Personal Data of another, You warrant that You have obtained consent from that person to submit their Personal Data to Us.

1.2. Purpose For Collection And Processing

We only collect and process Your Personal Data to provide the Website and Services You requested from Us by either submitting a query through the Website’s Contact-us form or by signing up for Our newsletter. Our Purpose for collecting Your Personal Data includes:

• To identify You, the User, and differentiate You from other Users;
• To contact You regarding becoming a reseller;
• Developing and improving the Website;
• Facilitating direct communication between Us and You;
• To provide You with the Services;
• To engage in market research, gauge Your satisfaction with the Website and/or seek feedback regarding Our relationship with You;
• To update You on changes to the Website;
• Research and analysis of trends in relation to Our business;
• To anticipate and resolve problems with the Website;
• To comply with Our legal obligations;
• To deliver marketing material and/or our newsletter to You upon Your prior request.
• 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 Data for any other purposes without Your consent or as required by law.

1.3. Collection: What and How

The Personal Data We collect varies depending on how You interact with the Website:

Visitors

WHAT:

Users who visit and browse the Website but who do not interact any further do not submit any Personal Data.  Only Analytics are collected through the use of Cookies. No Personal Data is collected through Cookies.

Contact Us Queries

WHAT:

You may elect to send a query to Us through the Website by completing the Contact-us form. Personal Data submitted by Users who complete the Contact-us form includes:

• Your full name; and
• Your email address.

HOW:

The Personal Data submitted through the Contact-us form is collected directly from You by You completing the form.

Reseller Queries

WHAT:

You may elect to become a reseller of Caffenu products. To find out more on becoming a reseller you must complete the Become a Reseller form. You must submit the following Personal Data:

• Your full name
• Your email address

HOW:

The Personal Data submitted through the Become a Reseller form is collected directly from You by You completing the form.

Newsletter Subscriptions

WHAT:

You may elect to subscribe to Our newsletter which we will send directly to You at the address You provide to us.  We require the following Personal Data from to register You to Our newsletter:

• Your full name; and
• Your email address.

HOW:

The Personal Data submitted to subscribe to Our newsletter is collected directly from You by You completing the subscription form.

1.4. Accuracy

You agree that any and all Personal Data that You provide to Us is accurate. In the event that Your Personal Data 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 Data.

You must also let Us know immediately if You become aware that Your Personal Data has been provided to Us by another person without Your consent or if You did not obtain consent before providing another person’s Personal Data to Us.

1.5. Processing Of Personal Data

The processing of Your Personal Data by Us shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, merging, linking, as well as, erasure or destruction of the Personal Data.

We will only process Your Personal Data, where:

• You have consented to such processing (which You may withdraw at any time by sending an email to [email protected]) with the following subject line “withdrawal of consent for processing”.
• The processing is necessary to provide the Website and Services to You;
• 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 Data – as detailed in the section below.

1.6. Further Processing: Who Do We Share Your Personal Data With And Why?

We do not and will not sell, rent out or trade Your Personal Data. We will only share Your Personal Data to Third-Parties in the manner set out in this Policy and in accordance with Your consent.

Note that the term ‘share’ includes the act of ‘disclosing’; ‘transferring’; ‘sending’ or otherwise making Your Personal Data available or accessible to another person or entity.

We make use of third-party service providers through whom Your Personal Data is transferred. These third parties are as follows:

• Xneelo webhosting through which Our Website is hosted in South Africa.
• Mailchimp through which Our direct marketing is facilitated. You will not receive any direct marketing unless You have expressly consented by Subscribing to Our newsletter.

1.7. Cookies

We make use of Cookies on Our Website for a variety of purposes which include but are not limited to: assessing which parts of Our Website draw most traffic, assessing advertising preferences and browsing habits.

Our Cookies do not collect any Personal Data that could be used to identify You as an individual User.

In broad terms Our use of Cookies is divided into different classes described as “necessary”, “preferences”, “statistics”, “marketing” and “unclassified”.  A drop-down list of all Cookies used on Our Website is available when You first visit the Website.

You have the option of allowing all Cookies or denying all Cookies or only allowing those that You have manually selected.

YOUR RIGHTS

You may choose when You wish to provide Your Personal Data 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 of the Website features and / or Services, may be affected. To the extent provided for in the GDPR, You have certain rights in respect of Your Personal Data. In particular:

• Article 15 – access Your Personal Data: You have the right to know whether We are processing Your Personal Data. In particular, You may request the following information:
  • The purpose for Our processing;
  • The categories of Your Personal Data processed;
  • Recipients to whom Your Personal Data will be delivered;
  • The period for which Your Personal Data will be stored by Us;
  • The source of any Personal Data not collected directly from the Data Subject; and
  • Whether any Personal Data is subject to automatic processing.
• Article 15(1)(f) – lodge complaint with a Supervisory Authority: You have the right to lodge a complaint with a Supervisory Authority. A list of official national Supervisory Authorities can be accessed here https://edpb.europa.eu/about-edpb/about-edpb/members_en
• Article 16 – rectification: You have the right to request a rectification of any of Your Personal Data We hold. We shall execute any such rectification without undue delay; and
• Article 17 – erasure and right to be forgotten: You have the right to request a deletion of Your Personal Data. We shall execute such deletion without undue delay. We will NOT delete or destroy Your Personal Data under the following conditions:
  • Where We are required to retain the Personal Data under any law of either the European Union or the Republic of South Africa, or
  • Where We are required by any of Our third-parties to retain Your Personal Data.
• Article 18 – restriction of processing: You have the right to request Us to cease processing Your Personal Data. Upon such a request We shall cease processing Your Personal Data immediately.
• Article 20 – data portability: You have the right to receive a copy of Your Personal Data from Us in a commonly used and machine-readable format. When You instruct Us to either transfer Your Personal Data or to confirm what Personal Data about You We possess, please provide Us with the following:
  • Whether You wish to transfer or confirm Your Personal Data or both;
  • What Personal Data You wish to be transferred or confirmed;
  • What format You require Your Personal Data to be confirmed;
  • Which contact point do You require Us to send Your Personal Data to;
  • What timeframe You require Us to perform the transfer and / or confirmation;
  • Any associated urgency with the request.
• Article 21 – object: You have the right to object to Us processing Your Personal Data.

SECURITY OF INFORMATION

We are committed to safeguarding and protecting Your Personal Data and will implement and maintain appropriate technical and organisational measures to safeguard any Personal Data provided to Us from accidental or unlawful destruction, loss or alteration, as well as the unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed. We have various security measures in place to protect the Personal Data 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 Your Personal Data 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 Data, You acknowledge and understand that no company, including Ourselves, can fully protect against security risks associated with the processing of Personal Data online.

We shall notify You without undue delay where Your Personal Data has been any accidental or unlawful access, loss or destruction of Your Personal Data.

HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?

We retain Personal Data for the period necessary to fulfil the purposes outlined in this Privacy Policy. When determining how long to retain Personal Data, We take into account the necessity of the Personal Data for the provision of the Services, as well as the requirements of other Third-Parties, applicable laws, regulations and legal obligations. We may also retain records to investigate or defend against potential legal claims.

When retention of the Personal Data is no longer necessary, the Data will either be deleted or aggregated for Analytics purposes, in which We case We will de-identify Your Personal Data.

Personal Data obtained from Users who complete a contact-us form or who otherwise submit Personal Data by sending an email to Us through [email protected] shall be deleted immediately after termination of the contact between You and Ourselves.

In any event, the Personal Data of Website Users shall not be retained longer than 1 (one) calendar year.

CROSS-BORDER TRANSFERS

We make use of a third-party hosting service provider to host the Website which is based within the borders of the Republic of South Africa. We are therefore required to transfer Your Personal Data beyond the borders of the European Union.

You explicitly consent to the transfer of Your Personal Data for processing/storage in a server outside of the European Union.

We note that South Africa has not received an adequacy decision under the GDPR, however Your Personal Data is subject to appropriate safeguards under South Africa’s Protection of Personal Information Act 4 of 2013.

We have appropriately vetted Our third-party service providers that they applies a strict level of security safeguards in accordance with industry standards to Personal Data that is transferred from and to its servers.

THIRD PARTY WEBSITES

We may provide links to websites outside of the Caffenu Website, 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 Caffenu Website, from time to time. Before disclosing Your Personal Data 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.

CONTACT

If  You have any questions about this Privacy Policy or the way in which We handle Your Personal Data, or if You wish to invoke any of Your rights described in this Policy, please contact Us at [email protected]

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 Website shall be governed by such amended terms. We therefore recommend that You visit this Policy on the Website regularly. If You do not agree with any of Our privacy practices detailed in this Policy, please do not use the Website, Platform or Services.

This Privacy Policy was last updated on 17 June 2022.