Effective from 1 November 2019
Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between You and Rushtush. It is your responsibility to read the clauses referred to:
By accessing this Website or purchasing or using the Products, you are agreeing to these Terms.
If you do not agree to these Terms, do not use the Website or purchase or order Products (clause 2.2).
You give Rushtush permission to use and process certain of your personal information (clause 16)
You limit Rushtush’s liability and indemnify Rushtush for various acts or omissions. In particular you agree that we are not liable for any loss you may suffer due to your use of this Website or the Products (clause 17).
The following words and phrases have these meanings in this document:
1.1. “Rushtush” means Rushtush (Pty) Ltd with registration number 2012/170058/07 with its Registered address at 403 Kylemore A Marina Residential, Dock Road, Waterfront, Cape Town, 8001.
1.2. “Personal Information” is as defined in POPI.
1.3. “POPI” means the Protection of Personal Information Act 4 of 2013.
1.4. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
1.5. “Website” means Internet World Wide website at www.rushtush.co.za(including subdomains).
1.6. “You” or the “user” means any person who registers to use or accesses this Website for any purpose.
2. Status and Variation
3. Links to other Websites
4. Personal Information Collected
4.1. When you register an account on this Website, Rushtush collects Personal Information about you, including information that directly or indirectly identifies you if you choose to share it with Rushtush.
4.2. Rushtush will only collect Personal Information for a purpose consistent with the purpose for which it is required. Rushtush collects the following information:
4.2.1. your name and surname;
4.2.2. your username;
4.2.3. your email address;
4.2.4. your password;
4.2.5. physical address for deliveries; and
4.2.6. information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Portal, including device and network information, cookies and analytics information.
5. Processing of Personal Information
5.1. Rushtush will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed. That purpose will be compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
5.2. Rushtush uses the information we collect to:
5.2.1. provide you with access to this Website;
5.2.2. present certain material set out on the Website to you;
5.2.3. process your orders or queries on products;
5.2.4. have products delivered to you;
5.2.5. communicate with you as necessary;
5.2.6. improve the Website; and
5.2.7. process as described elsewhere in this clause.
5.3. As permitted by POPI, Rushtush may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
5.4. Rushtush undertakes that your information will be processed in accordance with applicable law and that it will only process the information in a manner consistent with allowing use of this Website and will process it to the minimum extent necessary.
5.5. You may, at any time, access your Personal Information which Rushtush holds. You may also correct your Personal Information held by Rushtush, should the need arise. In this regard, you may send an email to firstname.lastname@example.org.
6. Third Parties
6.1. We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained, or we are required to do so by law.
6.2. You consent to Rushtush sharing the information completed on an order with its suppliers for the purposes of providing you with the products, or with another services provider should the circumstances demand.
7.1. Rushtush will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by this Website from loss, misuse, unauthorised disclosure, alteration or destruction.
7.2. Rushtush will secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent:
7.2.1. loss of, damage to or unauthorised destruction of Personal Information; and
7.2.2. unlawful access to or processing of Personal Information.
7.3. Rushtush will take reasonable measures to:
7.3.1. identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control;
7.3.2. establish and maintain appropriate safeguards against the risks identified;
7.3.3. regularly verify that the safeguards are effectively implemented; and
7.3.4. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
7.4. Rushtush endeavours to protect your Personal Information, but you understand that no data transmission over the Internet can be guaranteed to be absolutely secure, and Rushtush cannot ensure or warrant the security of any information you transmit to us. Transmitting Personal Information is done at your own risk.
8. Destruction of Personal Information
8.1. Rushtush will delete all Personal Information, insofar as it relates to you when it receives a written instruction from you to do so unless we are obliged by law or under our obligations to you to retain such information.
8.2. Rushtush will destroy or delete any Personal Information that is no longer needed by it for the purpose it was initially collected, or subsequently Processed.
9.1. Rushtush may utilise temporary or session cookies. A cookie is a small text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
9.2. Rushtush utilises first-party cookies. This enables it to improve users’ experience on the Website through various means such as storing preferences (like keeping a user logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics and to provide more relevant display advertising to users who have visited the Website, using third party tools such as the Google Analytics Remarketing.
9.3. This allows Rushtush to track your use of this Website.
9.4. Cookies by themselves will not be used to personally identify users but Rushtush may use them to compile de-identified statistics relating to use of or feedback on the performance of this Website.
9.5. The following classes of information may be collected in respect of users who have enabled cookies: the browser software used; IP address; date and time of activities while visiting the Website; URLs of internal pages visited; and referring websites, search engines and the like.
9.6. Rushtush is committed to providing you choices to manage your privacy and sharing.
9.7. If you do not wish cookies to be employed to customize your interaction with this Website, it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this Website may not be available. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because some of our Website’s features utilise cookies, we recommend that users do not block them.
10. EU Members’ Rights
10.1. If you normally live in the European Union (“EU”), you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your Personal Information as fully described here:
10.1.1. you can access your information by logging into your account and can rectify, restrict, limit or delete your information;
10.1.2. if Rushtush Processes your information as set out above, you can object to this Processing in certain circumstances;
10.1.3. if you have given Rushtush consent to Process information, you have the right to withdraw your consent at any time; and
10.1.4. if you have a concern about our use of your information, you have the right to raise such concern with your local supervisory authority.
11. Transfer of Personal Information
11.1. Rushtush’s Website is operated from the Republic of South Africa (“RSA”). If you are not located here, and choose to use the Website, or provide information to Rushtush, you acknowledge and understand that your information will be transferred, processed and stored in the RSA, as it is necessary, and the RSA’s privacy laws may not be as protective as those in your jurisdiction.
11.2. If you are a resident of the European Union (“EU”), Rushtush is the controller of your personal data for the purposes of EU data protection law.
11.3. Rushtush will not transfer your Personal Information or any portion of it to any third party for any reason without your prior written consent, except to the extent that Rushtush uses third party service providers to host its database, subject to the provisions of clause 7.
11.4. Rushtush may use hosting or cloud services to operate this Website and store its data which are not located in South Africa. If Rushtush does so, it will ensure that the level of protection given to your Personal Information is at least as good as that provided for under South African Law, either by means of a binding contract with the service provider, or by using a service provider located in a country with privacy laws of similar or stronger effect.