0
Your Cart

Privacy Policy

Welcome to our privacy policy. We are ILUBA and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information).

The purpose of this policy is to describe the way that we handle your personal information

DISCLAIMER

The pages, documents and information on the ILUBA Website are subject to copyright under the Berne Convention. Subject to what is said below, unless you have prior written permission from ILUBA, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the right to use the pages, documents and information appearing on this Website by downloading, storing and making copies for private use only and the re-publication or re-use thereof (or part thereof), without prior written permission from ILUBA, is prohibited.

Whilst every effort has been made by ILUBA and its suppliers of information, to ensure the proper performance of this Website, the accuracy of the information/images contained therein and the reliability of the data on this Website, ILUBA and its affiliated companies, suppliers or any of their employees, do not guarantee the availability of services, content and information offered on this Website or that this Website is free from errors or omissions. Users are encouraged to report any malfunctions or errors to us.

This Website is supplied on an “as is” basis and the user agrees that the Website is used at their own risk. This Website has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself that the goods or services available from and through this Website will meet the user’s individual requirements and will be compatible with the user’s hardware and/or software.

ILUBA makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of this Website and/or the services and/or the information and/or images contained on this Website, and all services are thus used at your own risk. In particular, ILUBA makes no warranty that the services will meet your requirements, be uninterrupted, complete, timely, secure or error-free.

ILUBA shall not entertain requests for exchanges, returns and/or refunds unless specified by the directors of ILUBA.

This Website may contain hyperlinks to third-party Websites. ILUBA is not responsible for the content of, or the services offered by those Websites. The hyperlinks are provided solely for your convenience and should not be construed as an express or implied endorsement by ILUBA of the Website(s) or the products or services provided therein. You access those Websites and use their products and services solely at your own risk.

It is expressly prohibited for any person, business, entity or Website to represent any page on this Website, including the home page, in any way whatsoever, such as framing, on their Website so that it appeals to be their own information.

Information, ideas, and opinions expressed on this Website should not be regarded as advice or the official opinion of ILUBA unless the contrary is expressly indicated.

No agreements shall be concluded merely by sending a data message to ILUBA. Valid agreements require formal written acceptance of an offer from ILUBA.

ILUBA has used every effort to ensure that the information appearing on this Website is correct and accurate and takes no responsibility for any loss or damage howsoever occasioned due to any mistakes, omissions, interruptions, delays or whatever reason suffered by any person as a result of the use or reliance upon the information appearing herein.

ILUBA may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

 By accessing any pages of the Website of African Floralush (Pty) Ltd (“ILUBA”) you, (“the User”) agree to be bound by the following terms and conditions of use:-

ACCEPTANCE & PERMISSION

ACCEPTANCE REQUIRED

You must accept all the terms of this policy when you order our goods or request our services. If you do not agree with anything in this policy, then you may not order our goods or request our services.

You may not order our goods or request our services if you do not accept this policy.

By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

USAGE

Your use of this Website is subject to the terms and conditions as set out below, including, but not limited to the documents that are referred to in some of the clauses.

You should carefully read the terms and conditions before you access any pages of the Website or subscribe to any mailing list, transaction or another online forum of ILUBA.

Your use is restricted to personal and non-commercial use and no adaption, modification or re-use of the text or graphics from this Website is allowed except with prior written consent from ILUBA.

The audience of this policy applies to you if you are: a) visitor to our website; or b) a customer/dealer who has ordered or requested the goods or services that we provide. This policy applies to you under certain circumstances.

You may not access our website or order our goods or request our services if you are younger than 18 years old or do not have the legal capacity to conclude legally binding contracts.

Our obligations – We may use your personal information to fulfil our obligations to you.

USE OF TARGETED CONTENT

While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website, however, the advertiser is able to collect your personal information. We may use your information for targeted content in certain, specified instances.

PERSONAL INFORMATION

PERSONAL INFORMATION INCLUDES:

  • certain information that we collect automatically when you visit our website;
  • certain information collected on registration (see below);
  • certain information collected on submission; and
  • optional information that you provide to us voluntarily (see below);

BUT EXCLUDES:

  • information that has been made anonymous so that it does not identify a specific person;
  • permanently de-identified information that does not relate or cannot be traced back to you specifically;
  • non-personal statistical information collected and compiled by us; and
  • information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

Personal information includes information we collect (i) automatically when you visit our website, (ii) on registration, (iii) on submission, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.

Common examples of the types of personal information which we may collect and process include your:

  • identifying information – such as your name, date of birth, or identification number of any kind;
  • contact information – such as your phone number or email address;
  • address information – such as your physical or postal address; or
  • demographic information – such as your gender or marital status.

SENSITIVE PERSONAL INFORMATION

Depending on the goods or services that you require, we may also collect sensitive personal information including your:

  • financial information – such as your bank account details;
  • sensitive demographic information – such as your race or ethnicity;
  • medical information – such as information about your physical or mental health;
  • sexual information – such as information about your sex life or sexual orientation;
  • criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings;
  • employment information – including your membership in a trade union; and
  • beliefs – including your political or religious beliefs.

PURPOSE OF COLLECTION

PURPOSE FOR COLLECTION

We may use or process any goods or services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:

  • goods or services purposes – such as collecting orders or requests for and providing our goods or services;
  • marketing purposes – such as pursuing lawful related marketing activities;
  • business purposes – such as internal audit, accounting, business planning, joint ventures, disposals of business, or other proposed and actual transactions; and
  • legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your usage information for the purposes described above and to:

  • remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
  • monitor website usage metrics such as total number of visitors and pages accessed; and
  • track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

We may use any of the personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.

CONSENT TO COLLECTION

We will obtain your consent to collect personal information:

  • in accordance with applicable law;
  • when you provide us with any registration information or optional information.

We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.

COLLECTION OF INFORMATION

ON REGISTRATION

Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.

 This personal information will include:

  • your name and surname;
  • your email address;
  • your telephone number;
  • your company name, company registration number, and VAT number;
  • your postal address or street address; and
  • your username and password.

We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

If your account is accepted by management, you will be given a password. If you have a password you undertake to keep it secure and warrant that no other person shall use the services utilizing your password, and you acknowledge further that you are responsible for ensuring that no unauthorized access to the services is obtained using your password and that you will be liable for all such activities conducted according to such use, whether authorized or not.

We collect certain information on registration when you register on our website.

 ON ORDER OR REQUEST

When you order our goods or request our services from us, you will be asked to provide us with additional information on a voluntary basis (goods or services information).

We collect certain information when you order our goods or request our services from us.

FROM BROWSER

We automatically receive and record internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

We collect certain information from your web browser, including your Internet usage information when you visit our website.

 COOKIES

For information on how we deal with Cookies, please refer to our Cookies Policy.

We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:

  • granting you access to age-restricted content;
  • tailoring our website’s functionality to you personally by letting us remember your preferences;
  • improving how our website performs;
  • allowing third parties to provide services to our website; and
  • helping us deliver targeted advertising where appropriate in compliance with the applicable laws.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org

We collect certain information from cookies that we may send to your computer to try and give you a personalized experience.

 OPTIONAL DETAILS

You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

We collect certain optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional goods or services.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

The content, including wording artwork, data and software, text, graphics, icons, hyperlinks, trade-marks, etc, used on the pages, documents and information appearing on this Website are subject to statutory protection including copyright in terms of local and international conventions and treaties and are the property of or licensed to ILUBA. Subject to what is said below, unless you have prior written permission from ILUBA, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the sole right to use the pages, documents and information appearing on this Website by downloading, storing and making copies for private use only (and non-commercial purposes) and the re-publication or re-use thereof (or part thereof), without the prior written permission from ILUBA, is prohibited. All intellectual property of this Website is expressly reserved.

USING SEARCH TECHNOLOGY

The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this Website is not permitted. Such technology shall result in slowing down this Website and infringing the intellectual property rights of ILUBA.

 In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our website/company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies. By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other websites that form part of Google’s Display Network (GDN).

Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.) The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.

 The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.) You may opt out of seeing advertisements for the website, by simply clicking here: – www.google.com/policies/technologies/ads/ We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.

ELECTRONIC COMMUNICATIONS AND TRANSACTIONS NOTICE

We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can choose to opt out of promotional messages. OR We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt into them. But we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.

 We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.

Any ILUBA emails are sent out either through ILUBA domains or through Mailchimp following The Electronic Communications and Transactions Act, Act 25 of 2002 (“ECT”).

Any e-mail transmission from ILUBA may contain confidential information, which is the property of ILUBA. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorized disclosure and/or use may result in civil and criminal liability.

The information in any e-mail, links or attachments thereto is intended for the attention and use of the addressee only – if you are not the intended addressee/recipient, you are hereby notified that any use, disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received an e-mail in error, please delete and destroy it immediately and notify the sender.

The e-mail address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or other online marketing practices without the prior consent of the sender and/or ILUBA.

Under no circumstances shall ILUBA or the sender of this e-mail be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, loss of revenue, loss of income, business interruption, loss of programs or data, even if ILUBA or the sender of this e-mail have been expressly advised of the possibility of such damages.

Any agreements concluded with ILUBA by using electronic correspondence shall only come into effect once ILUBA has indicated the conclusion of an agreement in a follow-up or return communication and are always subject to the requirements of the ECT Act and contract law in general. Should any contradiction occur, the ILUBA director’s word will be the deciding rule of ILUBA.

No e-mail correspondence sent to ILUBA shall be deemed to have been received until ILUBA has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return e-mail messages blocked by ILUBA’S virus detection and/or filtering applications shall be deemed not to have been received by ILUBA and/or the addressee.

No warranties, whether express or implied, are made and/or implied that any employee and/or contractor of ILUBA is and/or was authorized to create and send these e-mail communications.

ILUBA reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to this e-mail message or the address of the sender.

ILUBA retains the copyright in all e-mail messages and attachments sent from its communications systems insofar as such content is original and subject to copyright. The recipient/addressee is hereby licensed to open and read the message and/or attachments only – all other rights are reserved unless so indicated by ILUBA.

The views and opinions expressed in any ILUBA e-mail messages do not necessarily reflect the views and/or opinions of ILUBA. If an e-mail message is used for purposes unrelated to the official business of ILUBA, ILUBA shall not be liable for any damage, liability, infringement, or loss caused by the contents of this message and the sender shall take full responsibility therefore in his / her personal capacity.

If email recipients wish to update or remove their information from the email database, you can unsubscribe via the button at the bottom of all MailChimp emails. If you wish us to remove all transaction history, please email marketing@iluba.co.za.

Electronic communication shall be considered to have been sent by a Director or Directors of ILUBA only if: –

  1. the Director(s) sent it personally, or
  2. it was sent by a person who had the required authority to act on behalf of the said Director.

Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.

ILUBA shall not be responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.

Whilst ILUBA does utilize virus filtering, it provides no guarantees or warranties that any electronic communications are virus-free.

Subject to urgent and interim relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the:

  • Interpretation, validity, access to and enforceability of any e-mail legal notice.
  • Content (including message headers, links and/or attachments) of any e-mail message.
  • The time and place of any e-mail was sent and/or delivered; and/or
  • The identity of the sender shall be referred to urgent and confidential arbitration in terms of the arbitration rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Pretoria in English.

The law of South Africa shall govern any e-mail message and legal notice. This e-mail legal notice may be amended without prior warning

INDEMNIFICATION

You hereby indemnify and hold ILUBA harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on this Website, or the use of the services, information and/or images available on this Website, whether due to our negligence or not.

TERMINATION AND VARIATION

ILUBA reserves the right to alter, restrict and/or terminate the Website services to you in particular or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the services are offered, at any time. Such changes will be posted on this Website and be deemed to have been accepted by you if you continue using the services. The obligation, therefore, is on you to review these terms and conditions at regular intervals.

 

DOMICILIUM

ILUBA chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court processes, notices or other documents or communication of whatsoever nature:

Physical Address currently as of 03 October 2022 is 1 Roos Avenue, Heuningklip, Kleinmond, Western Cape, 7195

GENERAL

These terms and conditions shall be governed by and construed following the laws of South Africa and you shall submit to the jurisdiction of the South African Courts.

These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining terms and conditions which shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

ILUBA’S failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

These terms and conditions, as varied by us from time to time, according to Clause 7 and 8 above constitute the sole agreement between yourself and ourselves.

These terms and conditions shall be for the benefit of ILUBA and may be waived by us at our sole discretion.

Limitation – We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites. 

All reasonable steps shall be taken by ILUBA to secure a user’s information.

Users undertake not to divulge their usernames and passwords to any other person.

It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any information on this Website, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this Website or attempts to gain unauthorized access to any page on this Website shall be held criminally liable and in the event that ILUBA should suffer any damage or loss, civil damages will be claimed.

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us at marketing@iluba.co.za. You have the right to make a complaint at any time to the South African Information Regulator for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the South African Information Regulator so please contact us in the first instance. This Privacy Policy, together with the Terms and Conditions out the general rules and policies governing your use of our website. Depending on your activities when visiting our website, you may be required to agree to additional terms and conditions.

DISCLOSURE OF INFORMATION BY US

We do not share your personal information.

OR

We may share your personal information with:

other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);

an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;

our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations, including fraud prevention, bill collection, marketing, and technology services (our contracts dictate that these goods or services providers only use your information in connection with the goods or services they supply or services they perform for us and not for their own benefit);

credit bureaus to report account information, as permitted by law;

banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and

other third parties who provide us with relevant services where appropriate.

We may share your personal information with third parties for the purposes of fulfilling our obligations to you among other purposes.

REGULATORS

We may disclose your personal information as required by law or governmental audit.

LAW ENFORCEMENT

We may disclose personal information if required:

by a subpoena or court order;

to comply with any law;

to protect the safety of any individual or the general public; and

to prevent violation of our customer relationship terms.

We may disclose personal information to third parties if required for legal reasons.

NO SELLING

We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

MARKETING PURPOSES

We may disclose aggregate statistics (information about the customer population in general terms) about personal information to advertisers or business partners.

EMPLOYEES

We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

CHANGE OF OWNERSHIP

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

SECURITY

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recovery procedures where appropriate.

Our website is hosted on a secure server and uses security measures to prevent interference by intruders.

UP TO DATE

We will try to keep the personal information we collect as accurate, complete and up-to-date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Please keep your personal information accurate and up to date by accessing your account online, emailing us, by phoning us.

RETENTION

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

  • retention of the record is required or authorised by law; or
  • you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

We will only retain your personal information for as long as necessary.

INFORMATION DISCLOSURES REQUIRED BY LAW

Full name of the company: African Floralush Pty Ltd

Registration number: 2007/014425/07

VAT registration number: 4380253452

Directors: JJ Viljoen, Sandi Viljoen

Physical Address: 1 Roos Avenue, Heuningklip, Kleinmond, Western Cape, 7195

Website: www.iluba.co.za

This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer(s) attached to return e-mails addressed to any person with an ILUBA e-mail account.