PRIVACY POLICY

Nomsa & Amahle Durban

Nomsa & Amahle Durban operates this shop and websites, including all related information, content, features, tools, products and services, to provide you as a customer with a carefully curated shopping experience ("Services"). Nomsa & Amahle Durban operates on the Shopify platform, which enables us to provide the Services. This Privacy Policy describes how we collect, use and disclose your personal data when you visit or use the Services, make a purchase or other transaction through the Services, or otherwise contact us. In the event of a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy shall take precedence in relation to the collection, processing and disclosure of your personal data.

Please read this Privacy Policy carefully. By using and accessing the Services you confirm that you have read this Privacy Policy and understand the collection, use and sharing of your data as described in this Privacy Policy.

Personal Data We Collect or Process

When we use the term "personal data", we mean data that identifies you or can be directly linked to you or another person. Personal data does not include anonymously collected data or data anonymised in such a way that it cannot be identified or directly linked to you. Depending on how you use the Services, your place of residence and applicable legislation, we may collect or process the following categories of personal data, including conclusions drawn from such data:

• Contact details, including your first and last name, address, billing address, delivery address, telephone number and email address.

• Financial information, including credit and debit card numbers and financial account numbers, payment card details, financial account details, transaction details, payment method, payment confirmations and other payment data.

• Account details, including your username, password, security questions, settings and preferences.

• Transaction data, including products you browse, add to your basket, add to your wish list, purchase, return, exchange or cancel, as well as your previous transactions.

• Communications with us, including data provided when contacting us, for example when submitting a customer service query.

• Device information, including data about your device, browser or network connection, your IP address and other unique identifiers.

• Information about your use of the Services, including information about your interaction with the Services, such as how and when you use or browse the Services.

Sources of Personal Data

We may collect personal data from the following sources:

• Directly from you, including when creating an account, visiting or using the Services, communicating with us or otherwise providing your personal data;

• Automatically through the Services, including data from your device when you use our products or services or visit our websites, also through cookies and similar technologies;

• From our service providers, including in cases where we engage them to provide certain technology and where they collect or process your personal data on our behalf;

• From our partners or other third parties.

How We Use Your Personal Data

Depending on how you interact with us or which Services you use, we may use personal data for the following purposes:

• Providing, customising and improving the Services. We use your personal data to provide the Services, including fulfilling our contract with you, processing payments, handling orders, remembering your preferences and products you are interested in, sending account-related notifications, managing purchases, returns, exchanges or other transactions, creating, maintaining and managing accounts, organising delivery, facilitating returns and exchanges, enabling the publication of reviews and creating a personalised shopping experience, such as recommending products related to previous purchases. This may include using personal data to better tailor and improve the Services.

• Marketing and advertising. We use your personal data for marketing and promotional purposes, such as sending marketing, advertising and promotional communications by email, text message or post and displaying online advertisements for products or services within the Services or on other websites, based inter alia on products you have previously purchased or added to your basket and other activities within the Services.

• Security and fraud prevention. We use your personal data to verify accounts, ensure a secure payment and shopping process, detect, investigate or take action in connection with potentially fraudulent, unlawful, dangerous or harmful activities, protect public safety and secure our Services. If you choose to use the Services and create an account, you are responsible for the security of your login credentials. We strongly recommend that you do not share your username, password or other login credentials with anyone.

• Communicating with you. We use your personal data to provide customer service, to assist you, to provide effective services and to maintain a business relationship with you.

• Legal reasons. We use your personal data to comply with applicable legislation or to respond to binding legal proceedings, including requests from law enforcement agencies or government bodies, to conduct investigations or participate in civil, potential or actual litigation or other legal proceedings, and to enforce or investigate possible breaches of our terms or policies.

How We Disclose Personal Data

In certain circumstances we may disclose your personal data to third parties for legitimate purposes in accordance with this Privacy Policy. These circumstances may include:

• With Shopify, service providers and other third parties that provide services on our behalf (e.g. IT system management, payment processing, data analysis, customer service, cloud storage and order fulfilment and delivery).

• With business and marketing partners for the purpose of providing marketing and advertising services. For example, we use Shopify to support personalised advertising with third-party services based on your online activity across various merchants and websites. Our business and marketing partners will use your data in accordance with their own privacy policies. Depending on your place of residence, you may have the right to instruct us not to share your data for the purpose of displaying targeted advertising and marketing based on your online activity across different sites and merchants.

• When you provide us with instructions, submit a request or otherwise express consent to the disclosure of certain information to third parties, for example for the purpose of product delivery or through a social media widget or login integration.

• To our affiliates or otherwise within our group of companies.

• In connection with a business transaction such as a merger or insolvency, to fulfil legal obligations (including responding to court summonses, search orders and similar requests), to enforce applicable terms of service or policies, and to protect or defend the Services, our rights and the rights of our users or others.

Relationship with Shopify

The Services are hosted on the Shopify platform, which collects and processes your personal data relating to access to and use of the Services in order to provide and improve those Services for you. Information you provide through the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in countries outside your place of residence, for the purpose of providing and improving the Services. In addition, for the purpose of protecting, developing and improving our operations, we use certain enhanced Shopify features that involve data and information obtained from your interactions with our Shop together with other merchants and with Shopify. To provide these enhanced features, Shopify may use personal data collected about your interactions with our shop together with other merchants and with Shopify. In these circumstances, Shopify is responsible for processing your personal data, including responding to your requests regarding the exercise of your rights in relation to that data. To learn more about how Shopify uses your personal data and what rights you have, you can read the Shopify Consumer Privacy Policy. Depending on your place of residence, you may also exercise certain rights relating to your personal data through the Shopify privacy portal.

Third-Party Websites and Links

The Services may contain links to websites or other online platforms operated by third parties. If you choose to use links to sites that are not affiliated with or controlled by us, you should read their privacy and security policies and other terms and conditions. We do not guarantee or accept responsibility for the privacy or security of such sites, including the accuracy, completeness or reliability of information contained on them. Information you provide in public or semi-public places, including information shared on third-party social media platforms, may be visible to other users of the Services and/or users of those third-party platforms without restriction on its use by us or a third party. The inclusion of such links does not in itself constitute endorsement of the content on those platforms or of their owners or operators, unless expressly stated in the Services.

Children's Data

The Services are not intended for children and we do not knowingly collect personal data of minors in accordance with the regulations applicable in your jurisdiction. If you are the parent or legal guardian of a child who has provided their personal data to us, you may contact us using the contact details below and request its deletion. As of the effective date of this Privacy Policy, we have no actual knowledge of "sharing" or "selling" (as defined in applicable legislation) personal data of persons under 16 years of age.

Data Security and Retention

Please bear in mind that no security measure is perfect or impenetrable and we cannot guarantee "complete security". Furthermore, any information you send to us may not be secure in transit. We recommend that you do not use unsecured channels to send sensitive or confidential information.

The period for which we retain your personal data depends on various factors, such as the need to maintain your account, provide the Services, fulfil legal obligations, resolve disputes or enforce other applicable agreements and policies.

Your Rights and Choices

Depending on your place of residence, you may have some or all of the following rights in relation to your personal data. However, these rights are not absolute and may only apply in certain circumstances, and in some cases we may lawfully refuse your request.

• Right of access / information. You may have the right to request access to the personal data we hold about you.

• Right to erasure. You may have the right to request the deletion of personal data we hold about you.

• Right to rectification. You may have the right to request the correction of inaccurate personal data we hold about you.

• Right to data portability. You may have the right to receive a copy of the personal data we hold about you and to request its transfer to a third party, in certain circumstances and with certain exceptions.

• Managing communication preferences. We may send you promotional messages and you may unsubscribe at any time using the unsubscribe option in our email messages. If you unsubscribe, we may continue to send you non-promotional messages, such as information relating to your account or orders you have placed.

If you reside in the United Kingdom or the European Economic Area (EEA), subject to exceptions and restrictions set out in local legislation, you may also have the following rights in addition to those listed above:

• Objection to processing and restriction of processing: You may have the right to ask us to stop or restrict processing of personal data for certain purposes.

• Withdrawal of consent: In cases where the processing of your personal data is based on consent, you have the right to withdraw it. Withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal.

You may exercise any of these rights where indicated in the Services, or by contacting us using the contact details below. To learn more about how Shopify uses your personal data and what rights you have, including rights relating to data processed by Shopify, you can visit https://privacy.shopify.com/en.

We will not discriminate against you for exercising any of these rights. We may be required to verify your identity before processing your request in accordance with applicable legislation. In accordance with applicable legislation, you may appoint an authorised representative to submit requests on your behalf. Before accepting such a request, we may require proof of authorisation and confirmation of your identity. We will respond to your request within the time limit set by applicable legislation.

Complaints

If you have concerns about how we process your personal data, please contact us using the contact details below. Depending on your place of residence, you may have the right to lodge a complaint by contacting us or the relevant data protection authority in your country. For the EEA, a list of the relevant data protection supervisory authorities is available here.

International Transfers

Please note that we may transfer, store and process your personal data outside your country of residence.

If we transfer your personal data outside the European Economic Area or the United Kingdom, we will rely on recognised data transfer mechanisms, such as the European Commission's standard contractual clauses or equivalent agreements issued by the relevant authority in the United Kingdom, unless the data is transferred to a country recognised as providing an adequate level of protection.

Changes to This Privacy Policy

We may update this Privacy Policy periodically, including to reflect changes in our practices or for other operational, legal or regulatory reasons. We will publish the updated version on these websites, update the "Last updated" date and notify you in accordance with applicable legislation.

Contact

If you have any questions relating to our privacy practices or this Privacy Policy, or if you wish to exercise your rights, please contact us by email:

support@nomsaandamahle-durban.co.za

In accordance with applicable data protection legislation, we are the controller of your personal data.