1.1 Plush Professional Leather Care Proprietary Limited (“Plush”) is a leading FMCG brand in household cleaning products and shoe care solutions. Plush was established in 1964 and is proudly South African.
1.2 As part of managing the business and creating value for its various stakeholders, Plush is required, in certain instances, to process personal information. Accordingly, Plush is required to protect the personal information as set out in the Protection of Personal Information Act 4 of 2013, including its Regulations (POPI Act).
1.3 This notice constitutes Plush’s policy statement to declare its commitment to comply with the POPI Act. Accordingly, it provides insights on how Plush processes personal information of data subjects as set out in the POPI Act.
1.4 Plush shall ensure that personal information is processed within the parameters of the law.
1.5 This notice must be read in conjunction with the POPI Act and its Regulations, where applicable.
2.1 The objective of this notice is to give effect to the POPI Act and to provide clarity on the following:
2.1.1 What personal information Plush collects about a data subject and the basis thereof;
2.1.2 How Plush uses and protects the personal information of a data subject;
2.1.3 How long Plush keeps the personal information of a data subject;
2.1.4 The rights of a data subject regarding their personal information; and
2.1.5 What the data subject should do if he does not want to provide Plush with his personal information.
3. INTERPRETATION AND DEFINITIONS
In this notice:
3.1 Clause headings are for convenience and reference only and shall not be used in the interpretation thereof;
3.2 Any gender includes the other genders and a natural person includes a juristic person and vice versa;
3.3 All the annexures (if any) hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this notice;
3.4 The following words and/or expressions shall, unless the context indicates otherwise, bear the meaning assigned to them below and in the POPI Act;
3.4.1 “Cookie/s” (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing to inter alia remember stateful information (such as items added in the shopping cart in an online store) or to record the user's browsing activity.
3.4.2 “Data subject” means the person to whom personal information relates;
3.4.3 “Employee” means a permanent, fixed-term or temporary employee of Plush;
3.4.4 “Operator” means a third party that processes personal information in terms of a mandate or contract with Plush, without coming under the direct authority of Plush;
3.4.5 “Information officer” means the person appointed by Plush, from time to time, who is responsible for the monitoring of compliance, by Plush, with the conditions for the lawful processing of personal information; dealing with requests made to Plush in terms of the POPI Act; working with the Regulator in relation to investigations conducted in relation to prior authorisation by the data subject and ensuring compliance by Plush with the provisions of the POPI Act;
3.4.6 “Person” means any person, company, close corporation, trust, partnership or other entity;
3.4.7 “Personal information” means information relating to an identiﬁable, living, natural person, and where it is applicable, an identiﬁable, existing juristic person, including, but not limited to—
126.96.36.199 information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
188.8.131.52 information relating to the educational, medical, ﬁnancial, criminal or employment history of the person;
184.108.40.206 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identiﬁer or other particular assignment to the person;
220.127.116.11 the biometric information of the person;
18.104.22.168 the personal opinions, views or preferences of the person;
22.214.171.124 correspondence sent by the person that is implicitly or explicitly of a private or conﬁdential nature or further correspondence that would reveal the contents of the original correspondence;
126.96.36.199 the views or opinions of another individual about the person; and
188.8.131.52 the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
3.4.8 “Privacy Notice or Notice” means this Notice as amended from time to time;
3.4.9 “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—
184.108.40.206 the collection, receipt, recording, organisation, collation, storage, updating or modiﬁcation, retrieval, alteration, consultation or use;
220.127.116.11 dissemination by means of transmission, distribution or making available in any other form; or
18.104.22.168 merging, linking, as well as restriction, degradation, erasure or destruction of information.
4. PROCESSING OF PERSONAL INFORMATION
4.1 Personal information Plush collects about a data subject and the basis thereof
The personal information Plush collects in the ordinary course of business includes:
a. only information that is adequate, necessary, and relevant to enable it to effectively render a service or assist in any manner required, such as the data subject’s name, identity number (where applicable), registration number, data subject’s employees or its director’s personal information, contact information etc;
b. electronic communications sent to Plush;
c. information submitted to Plush in response to a vacancy advertisement;
e. information from the data subject’s visits to the Plush website, including the type of browser and operating system that the data subject uses, access times, pages viewed, URLs clicked on, his IP address and the pages visited before and after navigating the Plush website;
f. social media tracking pixels that allow platforms such as Facebook and Twitter to interact with the Plush website and give feedback on the data subject’s actions;
g. device information, including the unique device identifier, hardware model, operating system and version and mobile network information;
h. personal information that Plush collects when it monitors other websites may include the data subject’s public personal information, for example when Plush monitors digital conversations on public platforms to understand what people are saying about it or the pharmaceutical industry in general. Plush may combine information that it has about a data subject from various sources; and
i. personal information that Plush collects when a data subject reports a possible side effect or adverse event associated with one of its products may include information such as gender, date of birth and information about the data subject’s health.
The Plush website uses various technologies including "cookies" which allow the website to recognise and respond to the data subject as an individual. The data subject can elect to accept or decline cookies. If a data subject elects to decline cookies, not all elements of the website may function as intended, so his website experience may be affected.
4.2 Protecting the data subject’s personal information
a. Plush uses a variety of security measures and technologies to help protect personal information of a data subject from unauthorised access, use, disclosure, alteration or destruction in line with applicable personal information protection and privacy laws. For example, when Plush shares the personal information of a data subject with external suppliers, it shall put in place a written agreement which commits the suppliers to keep the data subject’s personal information confidential, and to put in place appropriate security measures to keep it secure.
b. The transmission to Plush of information via the internet or a mobile phone network connection may not be completely secure and any transmission is at the data subject’s risk.
c. Despite the security measures that PLUSH has in place to protect personal information of a data subject (firewalls, password access and encryption methods), the data subject acknowledges that it may be accessed by an unauthorised third party, e.g., as a result of an illegal activity.
d. From time to time Plush may provide links to websites or mobile applications that it does not own or control. This Notice does not apply to those websites. If a data subject chooses to use those websites, he must check the legal and privacy policies or statements posted on each website or mobile application he accesses to understand their privacy practices.
4.3 How does Plush use the personal information of a data subject
Plush may use the personal information of a data subject to provide the data subject with information and services including:
a. online events, such as webcast events;
b. press releases;
c. job postings;
d. financial results;
e. marketing communications about Plush products and services. Plush will obtain consent for marketing to the extent required by law.
f. Contact and interact with the data subject, including to:
i. respond to requests from the data subject (for instance in case the data subject applied for employment); and provide important notices and updates, such as changes to terms, standard operating procedures (SOPs), policies, security alerts and administrative messages.
g. Operate Plush’s business, including:
i. Screening visitors through CCV footage, conducting searches for dangerous weapons and completing the attendance register for security purposes to ensure that only authorised persons enter the premises of Plush.
ii. complying with applicable laws, regulations and guidance; and
iii. complying with demands or requests made by regulators, governments, courts and law enforcement authorities.
h. Improve Plush’s day-to-day operations, including:
i. for internal purposes such as auditing, data analysis and research to help Plush deliver and improve its digital platforms, content and services;
ii. to monitor and analyse trends, usage and activities in connection with Plush products and services to understand which parts of Plush digital platforms and services are of the most interest and to improve the design and content of those platforms;
iii. to improve Plush products and services and communications to the data subject; and
iv. to ensure that Plush has up-to-date contact information for the data subject, where applicable.
4.4 How long will Plush keep personal information of a data subject
Plush will always keep the personal information of a data subject for the period required by law and where it needs to do so in connection with legal action or an investigation in which it is involved. Otherwise, Plush will keep personal information of a data subject:
a. for as long as needed to provide the data subject with access to services he has requested;
b. where the data subject has contacted Plush with a question or request, for as long as necessary to allow Plush to respond to the question or request and as required by law.
4.5 Instances where sharing of personal information of a data subject by Plush is permitted
a. Plush may share personal information of a data subject with the following third parties:
i. Plush agents and suppliers, including those who provide it with technology services such as data analytics, hosting and technical support;
ii. Plush’s professional advisors, auditors and business partners;
iii. regulators, governments and law enforcement authorities; and
iv. other third parties in connection with re-organising all or any part of Plush’s business.
b. personal information of a data subject may be processed by Plush and Plush’s third party suppliers outside of the data subject’s home country. personal information laws in the countries to which the personal information of a data subject is transferred may not be equivalent to, or as protective as, the laws in the data subject’s home country.
c. Plush will implement appropriate and reasonable measures to ensure that the personal information of a data subject remains protected and secure when it is transferred outside of the data subject’s home country, in accordance with applicable personal information protection and privacy laws. These measures include data transfer agreements implementing standard data protection clauses.
4.6 The data subject’s rights regarding his personal information
The data subject is entitled to:
a. request Plush for access to personal information Plush holds about him;
b. request the correction and/or deletion of his personal information;
c. request the restriction of the processing of his personal information, or object to that processing;
d. withdraw his consent to the processing of his personal information (where Plush is processing his personal information based on his consent);
e. withdraw his consent to receive marketing messages;
f. request for the receipt or the transfer to another organisation, in a machine- readable form, of the personal information that he has provided to Plush; and
g. complain to his local data protection authority if his privacy rights are violated, or if he has suffered as a result of unlawful processing of his personal information.
4.7 What the data subject should do if he does not want to provide Plush with his personal information
4.7.1 Where a data subject is given the option to share his personal information with Plush, he can always elect not to do so.
4.7.2 If a data subject objects to the processing of his personal information, or if he has provided his consent to processing and he later choose to withdraw it, Plush will comply with the request in accordance with its legal obligations. Plush’s legal obligations in respect of the withdrawn information shall therefore cease to exist.
5. IMPORTANT NOTICE TO DATA SUBJECTS
5.1 By visiting Plush’s website and communicating electronically with Plush, the data subject consents to the processing, including transfer of his personal information as set out in this Notice.
5.2 Plush is continually improving its methods of communication and adding new functionality and features to its website. Due to these ongoing changes, changes in the law and the changing nature of technology, Plush’s data protection practices will change from time to time. If and when its protection practices change, Plush will update this Notice to describe its new practices. The data subject is encouraged to check it regularly.
6. CONTACT US
6.1 For any questions or requests regarding this Notice or if a data subject would like to exercise his rights including contacting the Information officer, please use the following contact information of the Information officer:
011 635 0109, WhatsApp 0647541657 or email POPIA.Legal@adcock.com