Privacy Policy

1. For purposes of this Statement:

• “Applicable Laws” means all laws, regulations that BuyAbility ZA (Pty) Ltd is required to comply with;

• "Client" or “you” means any prospective, new or existing client of BuyAbility ZA (Pty) Ltd; and

• "BuyAbility" or “we” or "us" means BuyAbility ZA (Pty) Ltd
• This Statement sets out how your personal information will be used by BuyAbility and applies to any information, including personal and special personal information, you give to BuyAbility or which BuyAbility may collect from third parties.
• It is important that you read this Statement carefully before submitting any personal information to us.
• By submitting any personal information to BuyAbility you provide consent to the processing of your personal information as set out in this Statement.
• The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws;
• Please do not submit any personal information to BuyAbility if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, BuyAbility may not be able to provide its services to you.

If you have any comments or questions about this Statement, please contact customerservice@buyability.co.za

1. We may amend this Statement from time to time for any of the following reasons:
2. to provide for the introduction of new systems, methods of operation or services;
3. to comply with changes to any legal or regulatory requirement;
4. to ensure that our Statement is clearer and more favourable to you;
5. to rectify any mistake that may be discovered from time to time; and/or
6. For any other reason which BuyAbility, in its sole discretion, may deem reasonable or necessary.
7. Any such amendment will come into effect and become part of any agreement you have with BuyAbility when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.

BuyAbility is committed to ensuring the privacy and integrity of your information. We take your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure). BuyAbility does not control the confidentiality, access to or dissemination of information which is retrieved through the use of "cookies" or information retrieved through the collecting and storing of IP addresses of visitors to this website. You hereby indemnify and hold BuyAbility harmless from any loss, damages or injury that you may incur as a result of any unintentional access or acquisition of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to BuyAbility.

1. We may collect the following information about you: not an exhaustive list:

• your name, address, contact details, date of birth
• records of correspondence or enquiries from you or anyone acting on your behalf;
• details of transactions you carry out with us;
• Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement.

1. You may provide personal information to us either directly or indirectly, by creating an account on our website or placing an order through our website or one of the marketplaces that we sell on, over the telephone or any other means.

1. We may use, transfer and disclose your personal information for the purposes of:

• providing you with the services you have requested, and notifying you about important changes to these services;
• managing your orders and complying with your instructions or requests;
• assessing and dealing with complaints and requests;
• operational, auditing, legal and record keeping requirements;
• verifying your identity;
• transferring or processing your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa;
• complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and legally registered agencies;
• recording and/or monitoring your telephone calls and electronic communications to/with BuyAbility in order to accurately carry out your instructions and requests, to use as evidence and in the interests of your case;
• providing you with information about BuyAbility’ services from time to time via email, telephone or other means;
• disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
• monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from BuyAbility or any of its employees, agents or contracted suppliers, including monitoring, recording and using as evidence all telephone communications between you and BuyAbility; and
• Improving or evaluating the effectiveness of BuyAbility’ business and services.

Your personal information may be shared with BuyAbility’s legal representatives and contracted suppliers, courier companies and selected third parties who process the information on our behalf.

1. We may also disclose your personal information to third parties in the following circumstances:

• to any other of BuyAbility’s agents or other third parties to: –

• fulfil orders on BuyAbility’s behalf;

• have a better understanding of your circumstances and needs to provide and execute BuyAbility’ services;
• to any regulator or supervisory authority, including those in foreign jurisdictions, if BuyAbility is required to do so in terms of Applicable Laws;
• to a prospective buyer of any of our businesses;
• to any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of BuyAbility, Clients or other third parties; and/or

• We may transfer your information to another of BuyAbility’s agents, legal representative, legal contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic of South Africa. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.

We may retain your personal information, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints handling, legal processes and proceedings.)

1. Access to, correction and deletion of your personal information

• You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Confirmation of whether or not we hold personal information about you may be requested free of charge.

• You may request the correction of personal information BuyAbility holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, BuyAbility may limit the services offered to you.

• You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details published on this website.

• You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.

1. Should you believe that BuyAbility has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with BuyAbility at customerservice@buyability.co.za
2. If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
Tel: 012 406 4818 Fax: 086 500 3351 Email: inforeg@justice.gov.za