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Privacy Policy

Because We Care

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This Privacy Policy applies to all users of our Website, related mobi-sites and all applications, collectively referred to as “NTL 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 NoTyLaces (“NoTyLaces”) 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 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.

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  • Further, please pay special attention to the clauses in this Privacy Policy that appear in similar text and style (i.e. bold) which:

  • may limit the risk or liability of NoTyLaces or a third party.

  • may create risk or liability for the user.

  • may compel the user to indemnify NoTyLaces or a third party.

  • 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.​

  • If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information.


WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

  • NoTyLaces 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 Platform we collect and process some Personal Information. 

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

  • name and surname.

  • email address.

  • physical address.

  • mobile phone number.

  • online identifiers.

  • date of birth.

  • identification number.

  • 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.

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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:

  • fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.

  • comply with any legal or regulatory obligations such as tax or financial laws.

  • undertake research for 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.

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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. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.

  • 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.

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USER TRACKING AND COOKIES

  • When you access and use our Platforms we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking.

  • Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:

  • make our Platforms more user friendly.

  • personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.

  • provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms  and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.

  • send Opt-In marketing communication if you are not a registered user.

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

  • By accessing and using the Platform, you consent to our use of cookies.

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OPT OUT FROM DIRECT MARKETING

  • You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

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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.

  • 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 to us.

  • Should you disclose your Personal Information to any third party other than NoTyLaces, NoTyLaces shall not be liable for any loss or damage arising or suffered by you as a result 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.  NoTyLaces 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 NoTyLaces may charge an additional administrative fee or refuse the request.

  • request to have your Personal Information corrected, destroyed or deleted. 

  • 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 Privacy 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 going to the Data & Privacy section of our Help Centre.

  • As any other user, you can exercise all your rights as set out above by referring to our process set out in our PAIA Manual

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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/

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Important Notice

  • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “”).

  • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

    • may limit the risk or liability of NoTyLaces or a third party; and/or

    • may create risk or liability for the user; and/or

    • may compel the user to indemnify NoTyLaces or a third party; and/or

    • serves as an acknowledgement, by the user, of a fact.

  • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

  • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask NoTyLaces to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.

  • Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or NoTyLaces in terms of the CPA.

  • NoTyLaces permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

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    • Only registered users may order Goods on the Website.

    • To register as a user, you must provide a unique username and password and provide certain information and personal details to NoTyLaces. You will need to use your unique username and password to access the Website in order to purchase Goods.

    • You agree and warrant that your username and password shall:

      • be used for personal use only; and

      • not be disclosed by you to any third party.

    • For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

    • You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

    • You agree to notify NoTyLaces immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

    • By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

    • You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised NoTyLaces representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

    • You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

    • You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised NoTyLaces representative.

  • Conclusion of sales and availability of stock

    • Registered users may place orders for Goods, which may accept or reject

    • NOTE: NoTyLaces  will indicate the acceptance of your order by delivering the Goods to This is regardless of any communication from NoTyLaces stating that your order or payment has been confirmed. NoTyLaces will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

    • Prior to delivery, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

    • You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale

    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

 

Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) 

  • debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. ;

  • credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. ;

  • direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. NoTyLaces will not accept your order if payment has not been received;

  • Instant EFT;

    • Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

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Changes to these Terms and Conditions

  • NoTyLaces may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

  • Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

  • Electronic communications

    • When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.

  • Ownership and copyright

    • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website  are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of NoTyLaces, its advertisers and/or sponsors and/or is licensed to NoTyLaces.

    • You will not acquire any right, title or interest in or to the Website or the Website Content.

    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.

    • Where any of the Website Content has been licensed to NoTyLaces or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

    • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

    • Whilst NoTyLaces takes reasonable measures to ensure that the content of the Website is accurate and complete, NoTyLaces makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by NoTyLaces representatives, NoTyLaces shall not be bound thereby.

    • NoTyLaces disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

    • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

    • Any views or statements made or expressed on the Website are not necessarily the views of NoTyLaces, its directors, employees and/or agents.

    • In addition to the disclaimers contained elsewhere in these Terms and Conditions, NoTyLaces also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of NoTyLaces, its employees, agents or authorised representatives. NoTyLaces thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

  • Limitation of liability

    • NoTyLaces cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of NoTyLaces, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

    • NOTYLACES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

    • YOU HEREBY INDEMNIFY NOTYLACES AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

  • Availability and termination

    • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

    • NoTyLaces may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that NoTyLaces will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

    • If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

    • NoTyLaces is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by NoTyLaces to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and NoTyLaces, in whole or in part, on notice to you. NoTyLaces shall only be liable to refund monies already paid by you (see NoTyLaces Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

    • At any time, you can choose to stop using the Website, with or without notice to NoTyLaces.

  • Governing law and jurisdiction 

    • These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

    • In the event of any dispute arising between you and NoTyLaces, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

    • Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

    • NoTyLaces hereby selects 9 Etterby Close Lonehill, 2191, Johannesburg,,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). NoTyLaces may change this address from time to time by updating these Terms and Conditions.

      • You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving NoTyLaces not less than 7 days’ notice in writing.

      • Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

        • by hand will be deemed to have been received on the date of delivery;

        • by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

        • by email will be deemed to have been on the date indicated in the “Read Receipt” notification.  to serve as proof that an email has been received.

        • We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via contacts page

        • If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za​

        • Full name: NoTyLaces, a private South Africa entity.

        • For the purposes of the ECT Act, NoTyLaces’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

        • Pysical address for receipt of legal service (also postal and street address): 9 Etterby Close, Lonehill, 2191

        • Office bearers: BrettLovell Greene.

        • Phone number: +27 828021597

        • Email address: notylaces@gmail.com

        • NoTyLaces may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

          • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

          • Any failure on the part of you or NoTyLaces to enforce any right in terms hereof shall not constitute a waiver of that right.

          • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

          • No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

          • No indulgence, extension of time, relaxation or latitude which any party (the “”) may show grant or allow to the other (the “”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

          • These Terms and Conditions contain the whole agreement between you and NoTyLaces and no other warranty or undertaking is valid, unless contained in this document between the parties.

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