Privacy Policy

1. Introduction

Different by Design respects your privacy and is committed to protecting the personal information that we process.

This Privacy Policy explains how Different by Design (“Different by Design”, “we”, “us” or “our”) collects, uses, stores, shares and protects personal information when you:

·      Visit our Website;

·      Submit a contact or enquiry form;

·      Communicate with us by telephone, email or social media;

·      Request a consultation or quotation;

·      Commission, purchase, repair or remodel jewellery; or

·      Otherwise interact with our business.

This policy is intended to comply with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and other applicable South African laws.

2. Responsible Party

For purposes of POPIA, the responsible party for personal information processed through the Website is:

Different by Design
The Foundry Courtyard
74 Prestwich Street
Green Point
Cape Town
8001
South Africa

Telephone: +27 21 418 2664
Email: alvin@differentbydesign.co.za

Privacy-related requests and enquiries may be submitted using the contact details above.

3. What Is Personal Information?

Personal information is information relating to an identifiable natural person or, where applicable, an identifiable existing legal entity.

Depending on how you interact with us, personal information may include:

·      Your name and surname;

·      Email address;

·      Telephone or mobile number;

·      Physical, billing or delivery address;

·      Company or organisation details;

·      Information contained in your enquiry or message;

·      Consultation and appointment information;

·      Jewellery preferences and design requirements;

·      Ring sizes, measurements and personalisation details;

·      Information about gemstones, jewellery or materials supplied to us;

·      Quotations, invoices, payment and transaction records;

·      Correspondence and customer-service records;

·      Website usage information;

·      Internet Protocol address;

·      Browser, device and operating-system information;

·      Cookie identifiers;

·      Approximate location derived from technical information; and

·      Any other information you voluntarily provide to us.

Please avoid sending unnecessary sensitive or confidential personal information through a general Website contact form.

4. How We Collect Personal Information

We may collect personal information:

4.1 Directly from you

This may occur when you:

·      Complete a Website contact form;

·      Contact us by telephone or email;

·      Send us a message through social media;

·      Visit the studio;

·      Request a quotation or consultation;

·      Approve a jewellery design;

·      Place an order;

·      Make a payment; or

·      Provide materials or jewellery for remodelling, repair or valuation-related services.

4.2 Automatically through the Website

Certain technical information may be collected automatically when you use the Website. This may include your IP address, browser type, device details, Website activity and cookie information.

4.3 From third parties

Where lawful and appropriate, we may receive information from:

·      Payment providers;

·      Delivery or courier companies;

·      Website-hosting and technical-service providers;

·      Social-media platforms;

·      Analytics providers;

·      Referring customers or business partners; and

·      Publicly available sources.

Where another person provides us with your personal information, that person must have lawful authority to do so.

5. Why We Process Personal Information

We may process personal information for the following purposes:

·      Responding to enquiries;

·      Contacting you after you submit a Website form;

·      Arranging consultations or appointments;

·      Preparing quotations and design proposals;

·      Designing, manufacturing, repairing or remodelling jewellery;

·      Processing orders and payments;

·      Arranging collection or delivery;

·      Maintaining customer and transaction records;

·      Providing customer service;

·      Managing guarantees, repairs, resizing or after-sales enquiries;

·      Operating, maintaining and securing the Website;

·      Understanding how visitors use the Website;

·      Improving our Website, services and customer experience;

·      Preventing fraud, misuse or security incidents;

·      Complying with tax, accounting, legal and regulatory obligations;

·      Establishing, exercising or defending legal claims; and

·      Sending marketing communications where permitted by law.

We will not process personal information for a purpose that is incompatible with the purpose for which it was collected unless permitted or required by law.

6. Grounds for Processing

Depending on the circumstances, we may process personal information because:

·      You have provided consent;

·      Processing is necessary to respond to your request;

·      Processing is necessary to enter into or perform a contract with you;

·      Processing is required by law;

·      Processing protects your legitimate interests;

·      Processing is necessary for our legitimate business interests or those of a third party; or

·      Processing is necessary to establish, exercise or defend a legal right.

Where processing is based on consent, you may withdraw that consent. Withdrawal will not affect processing that took place lawfully before consent was withdrawn.

7. Information Required from You

Some information is necessary for us to respond to an enquiry, prepare a quotation, fulfil an order or provide a requested service.

Where required information is not provided, we may be unable to:

·      Respond fully to your request;

·      Prepare an accurate quotation;

·      Confirm a consultation;

·      Manufacture or personalise an item;

·      Process payment;

·      Deliver or release an order; or

·      Comply with a legal obligation.

Fields marked as compulsory on the Website must be completed before a form can be submitted.

8. Cookies and Similar Technologies

Cookies are small data files stored on a user’s device when visiting a website. The Website may use cookies and similar technologies such as pixels, tags or local storage.

Cookies may be used to:

·      Enable essential Website functionality;

·      Maintain Website security;

·      Remember user preferences;

·      Understand Website traffic and usage;

·      Identify and correct technical problems;

·      Measure the effectiveness of Website content or marketing; and

·      Provide embedded or third-party services.

8.1 Types of cookies

The Website may use the following categories of cookies:

Strictly necessary cookies
These cookies are required for the Website to operate, provide security or deliver a service requested by the user.

Functional cookies
These cookies remember choices and improve Website functionality.

Analytics cookies
These cookies help us understand how visitors use the Website, including which pages are visited and whether errors occur.

Marketing cookies
Where enabled, these cookies may be used to measure advertising or provide more relevant marketing content.

8.2 Cookie consent

Where required, non-essential cookies will be managed through a cookie notice or consent tool. You may be given the option to accept, reject or manage particular cookie categories.

Strictly necessary cookies may operate without consent where they are required to provide the Website or maintain its security.

8.3 Managing cookies

You may control or delete cookies through your browser settings. Blocking certain cookies may affect the way the Website operates.

Your browser’s help section should provide instructions for managing cookies. You may also update your choices through the Website’s cookie settings tool where one is provided.

9. Website Analytics

We may use Website analytics tools to obtain aggregated information about Website traffic, user behaviour, devices and referring sources.

Analytics providers may collect technical information through cookies or similar technologies. Where this information identifies or may reasonably be linked to an individual, it will be treated as personal information.

Analytics information is used to improve Website performance, content and usability.

10. Direct Marketing

We may contact you in connection with an existing enquiry, quotation, consultation, order or customer relationship.

We will send unsolicited electronic marketing only where permitted by applicable law. Where consent is required, we will request it before sending such marketing.

You may unsubscribe from marketing communications at any time by:

·      Using the unsubscribe option in the communication;

·      Replying with an unsubscribe request; or

·      Contacting us at alvin@differentbydesign.co.za.

Opting out of marketing will not prevent us from sending necessary service, transaction, quotation or order-related communications.

11. Sharing Personal Information

We do not sell personal information.

We may disclose personal information to trusted third parties where reasonably necessary for the purposes described in this policy. These parties may include:

·      Website-hosting and maintenance providers;

·      Email and communication providers;

·      Cloud-storage and business-software providers;

·      Payment processors and financial institutions;

·      Accountants, auditors and professional advisers;

·      Jewellery suppliers, manufacturers or specialist craftspeople;

·      Courier and delivery companies;

·      Website analytics or marketing providers;

·      Fraud-prevention or information-security providers;

·      Insurers;

·      Government departments, regulators, law-enforcement authorities or courts; and

·      A purchaser, successor or adviser involved in a proposed sale, transfer or restructuring of the business.

Service providers are required to process personal information only for authorised purposes and to apply appropriate security measures.

We may also disclose personal information where:

·      You have consented;

·      Disclosure is required by law or legal process;

·      Disclosure is necessary to protect our rights or property;

·      Disclosure is necessary to protect a person’s safety; or

·      Disclosure is necessary to investigate fraud or unlawful conduct.

12. International Processing and Transfers

Some Website, email, cloud, analytics or software-service providers may process information using systems or servers located outside South Africa.

Where personal information is transferred outside South Africa, we will take reasonable steps to ensure that the transfer is lawful and that the recipient is subject to appropriate data-protection requirements, contractual safeguards or other legally recognised protections.

13. Security of Personal Information

We apply reasonable technical and organisational safeguards designed to protect personal information against:

·      Loss;

·      Damage;

·      Unauthorised destruction;

·      Unauthorised access;

·      Unlawful processing; and

·      Accidental disclosure or alteration.

These measures may include access controls, passwords, security software, secure hosting, staff confidentiality requirements and controlled access to customer information.

No internet-based system or electronic transmission can be guaranteed to be completely secure. You provide information electronically at your own risk, subject to your rights under applicable law.

Where we become aware of a security compromise affecting personal information, we will take appropriate steps and notify affected persons and the Information Regulator where required by POPIA.

14. Retention of Personal Information

We retain personal information only for as long as reasonably necessary to:

·      Fulfil the purpose for which it was collected;

·      Maintain customer, design and transaction records;

·      Meet warranty or after-sales obligations;

·      Comply with tax, accounting or regulatory requirements;

·      Resolve disputes;

·      Prevent fraud; or

·      Establish, exercise or defend legal claims.

Retention periods may differ depending on the type of information and the applicable legal or operational requirement.

When personal information is no longer required, we will delete, destroy, de-identify or securely archive it, subject to applicable law.

15. Your Rights

Subject to POPIA and other applicable law, you may have the right to:

·      Ask whether we hold personal information about you;

·      Request access to your personal information;

·      Request correction or updating of inaccurate information;

·      Request deletion or destruction of information that we are no longer authorised to retain;

·      Object to certain processing;

·      Withdraw consent where processing is based on consent;

·      Object to direct marketing;

·      Request information about third parties that have received your information; and

·      Lodge a complaint with the Information Regulator.

We may require proof of identity before processing a request. This protects personal information from unauthorised access.

Certain requests may be refused or limited where permitted by law, including where information must be retained for legal, contractual or evidential reasons.

Requests may be submitted to alvin@differentbydesign.co.za.

16. Children’s Personal Information

The Website is not specifically directed at children.

A person under the age of 18 should not submit personal information or enter into a transaction through the Website without the involvement and consent of a parent or legal guardian.

Where we become aware that children’s personal information has been collected without appropriate authority, we will take reasonable steps to delete it unless retention is required or permitted by law.

17. Third-Party Websites and Social Media

The Website may contain links to third-party websites, social-media pages, maps or other external services.

We do not control the privacy practices of these third parties. Information provided directly to a third party is governed by that third party’s privacy policy and terms.

Users should review the privacy information of third-party websites before submitting personal information.

18. Changes to This Privacy Policy

We may update this Privacy Policy to reflect changes to our Website, services, information-processing activities, technology or legal obligations.

The updated policy will be published on the Website and the “Last updated” date will be amended.

Material changes may also be communicated through an appropriate notice on the Website.

19. Complaints

You are encouraged to contact us first so that we can attempt to resolve any privacy concern.

Privacy complaints may be directed to:

Email: alvin@differentbydesign.co.za
Telephone: +27 21 418 2664

You also have the right to lodge a complaint with the Information Regulator of South Africa:

Information Regulator South Africa
Woodmead North Office Park
54 Maxwell Drive
Woodmead
Johannesburg
2191
South Africa

Telephone: 010 023 5200
Toll-free: 0800 017 160
General enquiries: enquiries@inforegulator.org.za
POPIA complaints: POPIAComplaints@inforegulator.org.za
Website: inforegulator.org.za