OUR POLICIES

Our Policies

Protection of Personal Information (“POPI”), Privacy Policy and Principles
Introduction

  1. This Privacy Policy must be read in conjunction with the Master Terms and Conditions of Use on the Raath Wellness Innovations (Pty) Ltd t/a Nucarro™ (‘’RWI’’).
  2.  RWI respect users’ Privacy and will take reasonable measures to protect it, as more fully detailed below.
  3. Should a user decide to register as a Member on the Website, RWI may require the user to provide RWI with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth.
  4. Should the Member’s personal information change, please inform RWI and provide RWI with the updates within 7 days to enable RWI to update the Member’s personal information.
  5. Members may choose to provide additional personal information to RWI, in which event Members agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the Member’s affiliation with anyone or anything.
  6. RWI ask each of its Members to abide by all applicable laws, rules and regulations, as RWI promise its Members that RWI will do ourselves. RWI also recommend that each Member obtain all necessary consents from visitors to its website(s), post an online Privacy Policy that provides each visitor with notice of its data collection and provide a link to this Privacy Policy.

 


Member’s Consent

By using the RWI Website and providing RWI with the Member’s personal data, Members consent to this transfer of the Member’s personal data. Subject to the below, RWI will not, without the Member’s express consent use the Member’s personal information for any purpose other than as set out below:

 

  1. RWI use that information for several purposes: to register the Member’s company and websites for inclusion in our Service if Members so request; to fulfill the Member’s request; to contact Members if RWI need to obtain or provide additional information; to verify the accuracy of our records; or to contact Members regarding customer satisfaction surveys;
  2. in relation to the ordering, sale and delivery of Goods;
  3. to contact Members regarding current or new Goods or services or any other goods offered by RWI or any of its Members (unless Members have opted out from receiving marketing material from RWI);
  4. to inform Members of new features, special offers and promotional competitions offered by RWI or any of its Members (unless Members have opted out from receiving marketing material from RWI);
  5. to improve our product, Services and Members selection and the Member’s experience on our Website by, for example, monitoring the Member’s browsing habits, or tracking the Member’s sales on the Website;
  6. to provide online advertisers with third party independent statistics that help demonstrate the Website’s audience. This data may include demographics, industries, search engine referral, affiliate referrals, traffic driven by banner ads or other online promotions, how visitors navigate around the site, the most popular websites or sections;
  7. collect certain technical information, such as the browser version and operating system. RWI aggregate all of the usage data from its Members’ websites into a potential benchmarking solution that demonstrates their metrics to advertisers and other interested parties;
  8. disclose the Member’s personal information to any third party other than as set out below:
    1. to our employees and/or third party service providers who assist RWI to interact with Members via our Website, email or any other method, for the ordering of Goods or when delivering Goods between Members, and thus need to know the Member’s personal information in order to assist RWI to communicate with Members properly and efficiently;
    2. to our Members (including their employees and/or third party service providers) in order for them to interact directly with Members via email or any other method for purposes of sending Members marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless Members have opted out from receiving marketing material from RWI);
    3. to law enforcement, government officials, fraud detection agencies or other third parties when RWI believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy;
    4. to our service providers (under contract with RWI) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use the Member’s information in connection with the services they perform for RWI and not for their own benefit;
    5. to our suppliers in order for them to liaise directly with Members in the event of Members submitting a warranty claim regarding any Goods Members have purchased which requires their involvement.
  9. From time to time RWI may also administer random “interactive pop-up” surveys to some Members on their sites. These surveys request additional demographic, non-personally identifiable information. The Members’ participation in a survey is always voluntary, and Members therefore have a choice as to whether or not to provide the requested survey information. RWI use the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Members with an even more detailed understanding of its target market.
  10. Some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other Members who in turn have agreed to adhere to this Privacy Policy.
  11. RWI are entitled to use or disclose the Member’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on RWI, or to protect and defend our rights or property.
  12. RWI will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to the Member’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the Member’s personal information.

 


Personal Information

RWI will –

  1. treat the Member’s personal information as strictly confidential, save where RWI is entitled to share it as set out in this Policy;
  2. take appropriate technical and organisational measures to ensure that the Member’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. provide Members with access to the Member’s personal information to view and/or update personal details;
  4. promptly notify Members if RWI become aware of any unauthorised use, disclosure or processing of the Member’s personal information;
  5. provide Members with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request;
  6. upon the Member’s request, promptly return or destroy any and all of the Member’s personal information in our possession or control, save for that which RWI are legally obliged to retain;
  7. RWI will not retain the Member’s personal information longer than the period for which it was originally needed, unless RWI are required by law to do so, or Members consent to RWI retaining such information for a longer period;
  8. RWI undertakes never to sell or make the Member’s personal information available to any third party other than as provided for in this Policy, unless RWI are compelled to do so by law. In particular, in the event of a fraudulent online payment, RWI is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it;
  9. Whilst RWI will do all things reasonably necessary to protect the Member’s rights of Privacy, RWI cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the Member’s 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;
  10. If Members disclose the Member’s personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than RWI, RWI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because RWI does not regulate or control how that third party uses the Member’s personal information. The Member should always ensure that it reads the Privacy Policy of any third party;
  11. Retention Period. RWI will retain the Member’s personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law;
  12. Cross-Border Transfer For Members: The personal information from Members may be stored and processed in any country where RWI have facilities or where the Goods from its Members originate, and by using the Website Members consent to the transfer of information to countries outside of the Member’s country of residence, which have different data protection rules than in the Member’s country;
  13. Children and Privacy. The RWI  Website does not offer information intended to attract children. RWI do not knowingly solicit personal information from children under the age of 14;
  14. Your right to access information. The user and Member have the right to request a copy of the personal information we hold about the user and/or Member. To do so, simply email RWI on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. RWI will take all reasonable steps to confirm the user and/or Member’s identity before providing details of its personal information.Please note that any such access request may be subject to a payment of a legally allowable fee;
  15. Correction of information. The Member and/or user has the right to ask RWI to update, correct or delete its personal information. The Member and/or user may do this by contacting RWI at the numbers/addresses provided below. RWI will take all reasonable steps to confirm the of the Member and/or user’s identity before making changes to personal information we may hold about it;
  16. RWI’s POPI contacts. If the Member and/or user have questions about this Policy, believe RWI has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct  personal information, please contact RWI at the following numbers/addresses:
    1. Name and surname of contact person: Caitlin di Santolo;
    2. Email: caitlin@nucarroskin.com;
    3. Tel: 082 453 1094;
    4. Website: http://www.nucarroskin.com

 


Security

  1. RWI use reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.
  2.  If Members have reason to believe that the Member’s interaction with RWI is no longer secure (for example, if Members feel that the security of any account Members might have with RWI has been compromised), please immediately notify RWI of the problem by contacting RWI in accordance with the “Contact Us” section.

 


Cookies

  1. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which RWI may use) to recognise repeat Members, facilitate the Member’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content.
  2. The type of information collected by cookies is not used to personally identify Members. If Members do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows Members to deny or accept the cookie feature.
  3. Please note that cookies may be necessary to provide Members with certain features available on our Website, and thus if Members disable the cookies on the Member’s browser Members may not be able to use those features, and the Member’s access to our Website will therefore be limited. If Members do not disable “cookies”, Members are deemed to consent to our use of any personal information collected using those cookies.

 


Changes to the Privacy Policy

  1. RWI may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the Member’s responsibility to regularly check the Privacy Policy and make sure that Members are satisfied with the changes. Should a Member not be satisfied, Members must not place any further orders on, or in any other way use, the Website.
  2. Any such change will only apply to the Member’s use of this Website after the change is displayed on the Website. If Members use the Website after such amended Privacy Policy, Members will be deemed to have accepted such changes.

 


Electronic communications
When Members visit the Website or send emails to RWI, Members consent to receiving communications from RWI or any of our Members electronically in accordance with our Privacy Policy.

 


Disclaimer

  1. The use of the Website is entirely at the Member’s own risk and Members assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  2. Whilst RWI takes reasonable measures to ensure that the content of the Website is accurate and complete, RWI 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 RWI’s representatives, RWI will not be bound thereby.
  3. RWI disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Member’s access to or use of the Website and/or any content therein unless otherwise provided by law.
  4. Although Goods sold from the Website by Members 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.
  5. Any views or statements made or expressed on the Website are not necessarily the views of RWI, its directors, employees and/or agents.
  6. In addition to the disclaimers contained elsewhere on the Website or in this Privacy Policy, RWI 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 the Member’s computer system, computer network, hardware or software in any way. The Members 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 the Member’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of RWI, its employees, agents or authorised representatives. RWI thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the Member’s access to or use of the Website.

 


Limitation of Liability

  1. RWI 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 RWI, its employees, agents or authorised representatives. Members are encouraged to contact RWI to report any possible malfunctions or errors by way of email.
  2. RWI WILL 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.
  3. YOU HEREBY INDEMNIFY RWI 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

  1. RWI 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 Members.
  2. RWI may in its sole discretion terminate, suspend and modify this Website, with or without notice to Members. You agree that RWI will not be liable to Members in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by Members prior to such time, to the extent possible.
  3. If Members fail to comply with the Member’s obligations under this Privacy Policy, including any incident involving payment of the price of an order for any Goods from other Members, this may (in our sole discretion with or without notice to Members) lead to a suspension and/or termination of the Member’s access to the Website without any prejudice to any claims for damages or otherwise that RWI or the other Member may have against Members.
  4. RWI is entitled, for purposes of preventing suspected fraud and/or where it suspects that Members are abusing the Website and/or have created multiple Member profiles to take advantage, to blacklist Members on its database (including suspending or terminating the Member’s access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between Members and RWI, in whole or in part, on notice to Members and accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order for the RWI services or through a Member.

 


Governing Law and Jurisdiction

  1. This Privacy Policy and our relationship and/or any dispute arising from or in connection with the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa.
  2. Your continued use of the Website will constitute the Member’s 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 the Privacy Policy.
  3. In the event of any dispute arising between Members and RWI, Members hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  4. Nothing in this clause or the Privacy Policy limits the Member’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA.

 


Notices

  1. RWI hereby selects 264 Leander street, Olympus, Pretoria as its address for the service of all formal notices and legal processes in connection with the Privacy Policy (“legal address”). RWI may change this address from time to time by updating the Privacy Policy.
  2. You hereby select the physical address specified with the Member’s invoice as the Member’s legal address, but Members may change it to any other physical address by giving RWI not less than 7 days’ notice in writing.
  3. Notices must be sent either by hand, prepaid registered post, telefax or email. All notices sent –
    1. by hand will be deemed to have been received on the date of delivery;
    2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
    3. by telefax or email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax or email. All telefaxes or emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.

 


General

  1. Any failure on the part of Members or RWI to enforce any right in terms hereof will not constitute a waiver of that right.
  2. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  3. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will 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.
  4. No other warranty or undertaking is valid, unless contained in this document between the parties.