Privacy notice

We respect your privacy and will take reasonable measures to protect it as set out in this Privacy Notice.

Our Privacy Notice forms part of our Terms and Conditions for use of our Website. Terms defined in the Terms and Conditions shall have the same meaning when used here.

Should you register as a user on our Website, we may require you to provide us with basic personal information needed for creating a user profile, management of your orders, delivery details and marketing preferences. For the purpose of this clause, "personal
information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded by clicking here.

Should your personal information change, please update your personal information on our Website as soon as reasonably possible to allow us to keep our information current.

Subject to the provisions below, we will not, without your express consent use your personal information for any purpose other than for the ordering, sale and delivery of products;  to contact you regarding current or new products offered by us or discounts and promotional items (unless you have opted out from receiving marketing material from us);  and to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.

We shall not disclose your personal information to any third party other than as set out below:

  • to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of products or when delivering products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
  • to our partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
  • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss or prevent a crime, to report suspected illegal activity, or to investigate violations of the Terms and Conditions of our Website;
  • to our service providers, provided that they shall be subject to the same provisions of privacy and may only use your information in connection with the services they perform for us and not for their own benefit;  and
  • to our suppliers in order regarding any defective products you have purchased and which requires their involvement;

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

We will ensure that all of our employees, third party service providers, partners (including their employees and third party service providers) that have access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

We will:

  • treat your personal information as confidential, save where we are entitled to share it as set out in this Privacy Notice;
  • take reasonable measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  • provide you with access to your user profile to view and/or update personal details;
  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
  • upon your request, promptly return or destroy all of your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Whilst we will take reasonable steps to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this website or anyone other than NewBreedArt, we shall not be liable for any loss or damage suffered by you as a result of such disclosure to the third party as we cannot control how the third party may use your personal information. Please acquaint yourself with the privacy terms and conditions of any third party.

This Website makes use of “cookies” which are small text files that automatically collect information and data to help us personalize your online experience and track user interactivity and behaviour with our Website and compile aggregate data that will allow us to improve the functionality of the Website and its content, and to display more focused advertising to you. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, most browsers allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access or use of our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of our Privacy Notice.

When you visit the Website or send emails to us, you consent to receiving communications from us electronically in accordance with our Privacy Notice, and you agree that all agreements, notices, disclosures and other communications sent by NewBreedArt satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.

We reserve the right to vary the terms of this Privacy Notice. The latest version of our Privacy Notice will be available on the Website and it is your responsibility to familiarise yourself with the most recent version of this Privacy Notice each time you visit the Website or shop for products.

We shall not transfer or process any of your personal information outside of South Africa to recipients that are not subject to appropriate data protection principles without your consent to do so, unless we are required by law to do so, and in which event we shall ensure or contract that adequate safeguards are put in place to ensure similar protection of your personal information.