This privacy policy applies between
you, the User of this Website, and Afrolush,
the owner and provider of this Website. Afrolush takes the privacy of your
information very seriously. This privacy policy applies to our use of any and
all Data collected by us or provided by you in relation to your use of the
Website.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://www.afrolush.com/terms-and-conditions.
Please read this privacy policy carefully.
Definitions
and interpretation
1.
In this privacy policy, the
following definitions are used:
Data |
collectively
all information that you submit to Afrolush via the Website. This
definition incorporates, where applicable, the definitions provided in the
Data Protection Laws; |
Data Protection Laws |
any applicable law relating
to the processing of personal Data, including but not limited to
the GDPR, and any national implementing and supplementary laws,
regulations and secondary legislation; |
GDPR |
the UK General Data
Protection Regulation; |
Afrolush, |
www.afrolush.com |
User or you |
any
third party that accesses the Website and is not either (i) employed by Afrolush and acting in the course
of their employment or (ii) engaged as a consultant or otherwise providing
services to Afrolush and
accessing the Website in connection with the provision of such services; and |
Website |
the
website that you are currently using, www.afrolush.com, and any sub-domains
of this site unless expressly excluded by their own terms and conditions. |
2.
In this privacy policy, unless
the context requires a different interpretation:
a.
the singular includes the
plural and vice versa;
b.
references to sub-clauses,
clauses, schedules or appendices are to sub-clauses, clauses, schedules or
appendices of this privacy policy;
c.
a reference to a person
includes firms, companies, government entities, trusts and partnerships;
d.
"including" is
understood to mean "including without limitation";
e.
reference to any statutory
provision includes any modification or amendment of it;
f.
the headings and sub-headings
do not form part of this privacy policy.
Scope of
this privacy policy
3.
This privacy policy applies
only to the actions of Afrolush and
Users with respect to this Website. It does not extend to any websites that can
be accessed from this Website including, but not limited to, any links we may
provide to social media websites.
4.
For purposes of the applicable
Data Protection Laws, Afrolush is
the "data controller". This means that Afrolush determines the purposes
for which, and the manner in which, your Data is processed.
Data
collected
5.
We may collect the following
Data, which includes personal Data, from you:
a.
name;
b.
date of birth;
c.
contact Information such as
email addresses and telephone numbers;
d.
demographic information such as
postcode, preferences and interests;
e.
financial information such as
credit / debit card numbers;
in each case, in accordance with
this privacy policy.
How we
collect Data
6.
We collect Data in the
following ways:
a.
data is given to us by you; and
b.
data is collected
automatically.
Data that
is given to us by you
7.
Afrolush will collect your Data
in a number of ways, for example:
a.
when you contact us through the
Website, by telephone, post, e-mail or through any other means;
b.
when you register with us and
set up an account to receive our products/services;
c.
when you complete surveys that
we use for research purposes (although you are not obliged to respond to them);
d.
when you enter a competition or
promotion through a social media channel;
e.
when you make payments to us,
through this Website or otherwise;
f.
when you elect to receive
marketing communications from us;
g.
when you use our services;
in each case, in accordance with
this privacy policy.
Data that
is collected automatically
8.
To the extent that you access
the Website, we will collect your Data automatically, for example:
a.
we automatically collect some
information about your visit to the Website. This information helps us to make
improvements to Website content and navigation, and includes your IP address,
the date, times and frequency with which you access the Website and the way you
use and interact with its content.
Our use of
Data
9.
Any or all of the above Data
may be required by us from time to time in order to provide you with the best
possible service and experience when using our Website. Specifically, Data may
be used by us for the following reasons:
a.
internal record keeping;
b.
improvement of our products /
services;
c.
transmission by email of
marketing materials that may be of interest to you;
d.
contact for market research
purposes which may be done using email, telephone, fax or mail. Such
information may be used to customise or update the Website;
in each case, in accordance with
this privacy policy.
10.
We may use your Data for the
above purposes if we deem it necessary to do so for our legitimate interests.
If you are not satisfied with this, you have the right to object in certain
circumstances (see the section headed "Your rights" below).
11.
For the delivery of direct
marketing to you via e-mail, we'll need your consent, whether via an opt-in or
soft-opt-in:
a.
soft opt-in consent is a
specific type of consent which applies when you have previously engaged with us
(for example, you contact us to ask us for more details about a particular
product/service, and we are marketing similar products/services). Under
"soft opt-in" consent, we will take your consent as given unless you
opt-out.
b.
for other types of e-marketing,
we are required to obtain your explicit consent; that is, you need to take
positive and affirmative action when consenting by, for example, checking a
tick box that we'll provide.
c.
if you are not satisfied with
our approach to marketing, you have the right to withdraw consent at any time.
To find out how to withdraw your consent, see the section headed "Your
rights" below.
12.
When you register with us and
set up an account to receive our services, the legal basis for this processing
is the performance of a contract between you and us and/or taking steps, at
your request, to enter into such a contract.
Who we
share Data with
13.
We may share your Data with the
following groups of people for the following reasons:
a.
any of our group companies or
affiliates - To ensure the proper
administration of this website and business;
b.
our employees, agents and/or
professional advisors - To obtain
advice from professional advisers;
c.
third party service providers
who provide services to us which require the processing of personal data
- To help third party service
providers in receipt of any shared data to perform functions on our behalf to
help ensure the website runs smoothly;
d.
third party payment providers
who process payments made over the Website - To enable third party payment providers to
process user payments and refunds;
e.
relevant authorities - To facilitate the detection of crime or the
collection of taxes or duties;
in each case, in accordance with
this privacy policy.
Keeping
Data secure
14.
We will use technical and organisational
measures to safeguard your Data, for example:
a.
access to your account is
controlled by a password and a user name that is unique to you.
b.
we store your Data on secure
servers.
c.
payment details are encrypted
using SSL technology (typically you will see a lock icon or green address bar
(or both) in your browser when we use this technology.
15.
Technical and organisational
measures include measures to deal with any suspected data breach. If you
suspect any misuse or loss or unauthorised access to your Data, please let us
know immediately by contacting us via this e-mail address: ify@afrolush.com.
16.
If you want detailed
information from Get Safe Online on how to protect your information and your
computers and devices against fraud, identity theft, viruses and many other
online problems, please visit www.getsafeonline.org. Get Safe Online is
supported by HM Government and leading businesses.
Data
retention
17.
Unless a longer retention
period is required or permitted by law, we will only hold your Data on our systems
for the period necessary to fulfil the purposes outlined in this privacy policy
or until you request that the Data be deleted.
18.
Even if we delete your Data, it
may persist on backup or archival media for legal, tax or regulatory purposes.
Your
rights
19.
You have the following rights
in relation to your Data:
a.
Right to access - the right
to request (i) copies of the information we hold about you at any time, or (ii)
that we modify, update or delete such information. If we provide you with
access to the information we hold about you, we will not charge you for this,
unless your request is "manifestly unfounded or excessive." Where we
are legally permitted to do so, we may refuse your request. If we refuse your
request, we will tell you the reasons why.
b.
Right to correct - the right
to have your Data rectified if it is inaccurate or incomplete.
c.
Right to erase - the right
to request that we delete or remove your Data from our systems.
d.
Right to restrict our use of your Data - the right to "block" us from using your Data or
limit the way in which we can use it.
e.
Right to data portability -
the right to request that we move, copy or transfer your Data.
f.
Right to object - the right
to object to our use of your Data including where we use it for our legitimate
interests.
20.
To make enquiries, exercise any
of your rights set out above, or withdraw your consent to the processing of
your Data (where consent is our legal basis for processing your Data), please
contact us via this e-mail address: ify@afrolush.com.
21.
If you are not satisfied with
the way a complaint you make in relation to your Data is handled by us, you may
be able to refer your complaint to the relevant data protection authority. For
the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details
can be found on their website at https://ico.org.uk/.
22.
It is important that the Data
we hold about you is accurate and current. Please keep us informed if your Data
changes during the period for which we hold it.
Transfers outside the United
Kingdom and European Economic Area
23.
Data which we collect from you
may be stored and processed in and transferred to countries outside of the UK
and European Economic Area (EEA). For example, this could occur if our servers
are located in a country outside the UK or EEA or one of our service providers
is situated in a country outside the UK or EEA. We also share information with our group
companies, some of which are located outside the UK or EEA.
24.
We will only transfer Data
outside the UK or EEA where it is compliant with data protection legislation
and the means of transfer provides adequate safeguards in relation to your
data, eg by way of data transfer agreement, incorporating the current standard
contractual clauses adopted by the European Commission.
25.
To ensure that your Data
receives an adequate level of protection, we have put in place appropriate
safeguards and procedures with the third parties we share your Data with. This
ensures your Data is treated by those third parties in a way that is consistent
with the Data Protection Laws.
Links to
other websites
26.
This Website may, from time to
time, provide links to other websites. We have no control over such websites
and are not responsible for the content of these websites. This privacy policy
does not extend to your use of such websites. You are advised to read the
privacy policy or statement of other websites prior to using them.
Changes of
business ownership and control
27.
Afrolush may, from time to time,
expand or reduce our business and this may involve the sale and/or the transfer
of control of all or part of Afrolush.
Data provided by Users will, where it is relevant to any part of our business
so transferred, be transferred along with that part and the new owner or newly
controlling party will, under the terms of this privacy policy, be permitted to
use the Data for the purposes for which it was originally supplied to us.
28.
We may also disclose Data to a
prospective purchaser of our business or any part of it.
29.
In the above instances, we will
take steps with the aim of ensuring your privacy is protected.
General
30.
You may not transfer any of
your rights under this privacy policy to any other person. We may transfer our
rights under this privacy policy where we reasonably believe your rights will
not be affected.
31.
If any court or competent
authority finds that any provision of this privacy policy (or part of any
provision) is invalid, illegal or unenforceable, that provision or
part-provision will, to the extent required, be deemed to be deleted, and the
validity and enforceability of the other provisions of this privacy policy will
not be affected.
32.
Unless otherwise agreed, no
delay, act or omission by a party in exercising any right or remedy will be
deemed a waiver of that, or any other, right or remedy.
33.
This Agreement will be governed
by and interpreted according to the law of England and Wales. All disputes arising
under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to
this privacy policy
34.
Afrolush reserves the right to
change this privacy policy as we may deem necessary from time to time or as may
be required by law. Any changes will be immediately posted on the Website and
you are deemed to have accepted the terms of the privacy policy on your first
use of the Website following the alterations. You may contact Afrolush by email at ify@afrolush.com.
Attribution
35.
This privacy policy was created
using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
This privacy policy was created
on 13 March 2022.