PRIVACY POLICY

This Privacy Policy applies to all users of the Obagi Medical SA Website, related mobile sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.

The purpose of this Privacy Policy is to set out how, why, and when Obagi medical SA uses your Personal Information so as to comply with the Protection of Personal Information Act 4 of 2013 (“POPI”).

It is important that you read and understand this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information. Further, please pay special attention to the clauses in this Privacy Policy which:

  • May limit the risk or liability of Obagi medical SA or a third party;
  • May create risk or liability for the user;
  • May compel the user to indemnify Obagi medical SA or a third party; and/or
  • Serves as an acknowledgement, by the user, of a fact.

 

We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.

In this Privacy Policy, the terms –

  • “Personal Information”, and “process/processing” bear the same meanings as set out in POPI.
  • “we”“us” or “our” refers to Obagi medical SA
  • you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
  • registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique username and password as well as other Personal Information in order to order goods on our Platforms.

 

WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

Obagi medical SA processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a registered user, we have to collect and process your Personal Information to render our services to you.

When you register to use our Platforms, we may collect the following Personal Information:

  • Unique reference number obtained from your medical practitioner
  • Name and surname.
  • Email address;
  • Physical address;
  • Billing address;
  • Gender;
  • Mobile phone number;
  • Online identifiers;
  • Date of birth

 

Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.

You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

INFORMATION FROM USING OUR PLATFORMS

When you access our Platforms, whether or not you are a registered user of Obagi medical SA, we process some of your Personal Information. Depending on how you access and use our Platforms, we may receive:

  • log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
  • information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
  • the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby Wi-Fi networks and cell towers. We get this information when you use location-enabled services.
  • other information about you from third parties, such as social media.

 

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process the Personal Information we collect and receive to:

  • identify you.
  • verify your identity.
  • create a user account for you; and/or
  • enter into a contract with you.

 

As a registered user, we also process your Personal Information in order to:

  • fulfil our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
  • provide you with information, products or services you request from us.
  • communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
  • notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products.
  • send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information).
  • get feedback from you which we need to develop our products and services and grow our business.
  • comply with any legal or regulatory obligations such as tax or financial laws.
  • undertake research and statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

 

RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:

  • we need it to provide our Platforms, products or services to you.
  • it is required or allowed by law and is in line with our internal retention policies.
  • it is necessary to uphold the contract between you and us.
  • you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.

 

We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

We will not use your Personal Information for any other purpose without your permission.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION?

We do not sell your personal information to third parties for their marketing or any other purposes.

We may provide or make your Personal Information available to:

  • our employees, the staff of the companies of a third-party service provider in order to enable them to assist us to interact with you via our Platforms for the ordering or delivery of goods.
  • law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
  • third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets.
  • our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose and must treat such information as confidential information.
  • our suppliers in order for them to liaise directly with you regarding any goods you have purchased or for any other purpose which may require their involvement; and/or

 

SECURING YOUR PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

  • physical, technical and network security.
  • access controls and monitoring of access.
  • secure storage, destruction and encryption of records of Personal Information.
  • Personal Information breach reporting and remediation; and
  • by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services.

 

Should you disclose your Personal Information to any third party other than Obagi medical SA, Obagi Medical SA shall not be liable for any loss or damage arising or suffered by you because of the disclosure of such Personal Information to any third party. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.

KNOW YOUR RIGHTS

Having provided adequate proof of your identity, you have the right to:

  • view, correct and/or amend your Personal Information we process. Please note that as a registered user, you can do this through your user account for the Personal Information reflected therein.
  • request a record or description of your Personal Information. Obagi Medical SA may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive Obagi Medical SA may charge an additional administrative fee or refuse the request.
  • request to have your Personal Information corrected, destroyed or deleted. Please note that you can stop being a registered user by cancelling your account. In this instance Obagi Medical SA will retain your Personal Information subject to any legislative requirement and/or our internal retention policy.
  • us complying with your requests upon receipt unless we have credible reason why we cannot comply. 
  • us indicating where, if we cannot agree whether to correct or delete your Personal Information as requested, that a correction or deletion was requested but was not made.
  • inform you if reasonably practicable, should we change your Personal Information, and this has an impact on decisions about you.
  • notify you of the action taken by us because of your request.
  • notify you of unauthorised access to your Personal Information.
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request.
  • Submit a complaint to the Information Regulator.

 

As a registered user, you can exercise all your rights set out above in terms of POPIA by navigating to the profile section of your account on the web, where you will be required to confirm your identity via email verification.

As any other user, you can exercise all your rights as set out above by referring to our process set out here.

HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator. The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/

This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.

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