Terms & Privacy

We take care of your privacy

Your privacy is important to us. We want to ensure that we are POPIA compliant as KAUAI takes your privacy seriously. We will always endeavour to protect your Personal Information and hold it in confidence.

KAUAI is registered as (KAUAI Juice (Pty) Ltd), (“KAUAI”, “we”, “us” or “our”) and is committed to protecting and respecting your privacy.

1.2 This Privacy Policy, together with our Website and KAUAI App ® terms and conditions are available at www.kauai.co.za and aim to outline the basis on which any Personal Information we collect from you, or that you provide to us, will be used, stored and processed by us. Please read the following carefully to understand our views and practices regarding your Personal Information (as defined below) and how we will treat it.

1.3 In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information.

1.4 By continuing to use the KAUAI website and KAUAI App ®, you agree to the terms and conditions set out in this Privacy Policy. You agree that we may Collect Personal Information for the purposes of providing you with access to the KAUAI website and KAUAI App ®, and for any of the purposes listed in below.

What types of Personal Information do we collect?

2.1 The types of Personal Information that we may collect includes information necessary for our legitimate business interests. This may include Personal Information such as: The time and date you downloaded and registered via the KAUAI App ®, create or update your account on the KAUAI App, we require you to provide KAUAI with Personal Information which includes but is not limited to your name and last name, email address, mobile number, 4-Digit Pin, physical address, payment information, birth date, location and delivery information.

2.2 We may also collect other information which may include your interests, preferences, purchasing behaviour, transactional information, geographical location and demographics (e.g., age, gender)

2.3. We may also collect your location information – depending on the KAUAI App ® services that you make use of. This is also dependent on your App settings and/or device permissions which allows KAUAI to collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi. This will be used to fulfil primary services such as serving you relevant marketing offers or content and determining your location to fulfil delivery related activities.

2.4 Transaction information – we collect transaction information details relating to how you use our website and KAUAI App ® Services (including the type of services you processed, date and time of the service, loyalty earned or redeemed against the transaction and amount of the service rendered).

2.5 Device information – We may collect information about the devices you use to access and use our services across our website and KAUAI App ®.

2.6.Log information – information about your interaction with our website and KAUAI App ®.

2.7 KAUAI may combine information collected from these sources with other information in its possession.

2.8 We will attempt to limit the types of Personal Information we collect from you to only that to which you consent (for example, in the context of our KAUAI App ® registration, online (including social media) competitions, surveys, polls, games, SMS and other mobile services).

2.9 We track ISP (Internet Service Provider) information. This means when you visit our Website, our web server also automatically records the name of your ISP the website from which you visit us, the pages on our sites you visit and in what sequence, and the date and length of your visit. This information is aggregated and collected anonymously and does not identify you on an individual basis. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us.

2.5 KAUAI will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted by law.

2.6 KAUAI may collect your credit card information when you provide it via the KAUAI App ® to make a purchase via the KAUAI App, where allowed. Any third parties (such as our payment gateway provider) that are granted access to your credit card information will only be granted such access to the extent needed to perform their functions, and may not use it for other purposes. KAUAI will use its best endeavours to ensure that all credit card information is stored securely.

Should your personal information change, please inform us and provide updated information to us as soon as reasonably possible.

How do we (KAUAI) use your Personal Information?

We may use your Personal Information to:

3.1. provide services or products you request (e.g. send you by email or other electronic means our newsletters or other products or services in which you express an interest);

3.2. allow you to participate in recreational activities on the Website or KAUAI App to organise or carry out promotional activities, games or promotional events;

3.3. inform you of changes made to our Website or KAUAI App

3.4 inform you of your rewards information including your tier status, points and cash back balances, eligible rewards, gift vouchers, products, services, promotions, offers and competitions which you may find interesting.

3.5 respond to any queries you may have;

3.6 develop a more direct relationship with you for the purposes described in this section;

3.7 develop an online customer profile;

3.8 understand general customer trends and patterns so we can develop and support existing and ongoing marketing strategies for our products and services; and

3.9 for security, administrative and legal purposes.

3.10 Where you choose to receive mobile services and content via SMS and other mobile services, we use this information to deliver such mobile services and content to you, to carry out market research, to track sales data and to plan other promotional activities which may be of interest to you.

What is KAUAI’s Cookies Policy?

4.1 We make use of Cookies. We, our third party service providers and our partners may send “cookies” to your computer or use similar technologies to enhance your online experience at our Website and across the Internet. “Cookies” are files that can identify you as a unique customer and store your personal preferences as product preferences to tells us which site pages you have visited and in what order. We use cookies and other technical information to personalise your visit to the Website, to analyse traffic on the Website and to track user trends, patterns and selections for authorised download and for technical reasons connected with your use of our site. Cookies can either be permanent (i.e. they remain on your computer until you delete them) or temporary (i.e. they last only until you close your browser).

4.2 We may also use “web beacons” that monitor your use of our Website. Web beacons (or web bugs) are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web beacons appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our email. On their own, cookies or web beacons do not contain or reveal any Personal Data. However, if you choose to provide us with Personal Data, it can be linked to the anonymous data stored in the cookies and/or web beacons. Most browsers are initially set to accept cookies. However, if you prefer, you may adjust your browser to reject cookies from us or from any other website. Additionally, by setting your web browser to display HTML emails as text only, you may be able to prevent the use of some web beacons. However, please note that certain areas of our Website can only be accessed in conjunction with cookies or similar devices.

4.3 From time to time we may implement additional features including remarketing with Google Analytics to place ads on other sites you may visit after visiting our site, Google Display Network Impression Reporting to report how people’s interactions with our ads relate to their visits to our site, DoubleClick Platform integrations to help optimize our online advertising efforts, or Google Analytics Demographics and Interest Reporting to analyse information about our site visitors’ interests. These tools help us to better understand your interests and how to provide you with more relevant online advertising. We and third party vendors, including Google, may use first and third party cookies together to optimize and serve ads tailored to you based, for example, on what parts of our site you viewed. To opt out of Google Analytics cookies please contact us at care@KAUAI.co.za

Will my Personal Information be used for marketing purposes?

If we obtain your consent, we may use your Personal Information for the purposes of:

5.1 If you are an existing customer, we may communicate with you based on the preferences as selected by you in relation to products or services you have signed up for. This may include making contact via mobile, email, sms, social media and other channels about products and or services which may be of interest to you.

5.2 You may at all times choose to opt out (free of charge) of any marketing communication

5.3 Every marketing communication we send you will include an “unsubscribe” link. Where you have the option to opt out of any direct marketing being sent to you.  When you opt out, it will be recorded and our databases will be automatically updated. KAUAI will no longer send direct marketing to you.

5.4 You may also always opt out of push notifications by disallowing them on your mobile phone settings. We cannot do this on your behalf.

Please note, you may at any time opt out of receiving marketing related communication from us. However, there may be circumstances, where we will need to communicate directly to you about a product or service you received from us which will only include billing confirmation OR if we feel you may be at risk due to a failed or faulty product or if you are at risk of any data breach or personal harm. We will not include any marketing related content when communicating these types of communications to you.

What security measures are in place to protect my Personal Information?

6.1 We will do our best to ensure your Personal Information is safe and secure. However, although absolute security cannot be guaranteed on the Internet, we have organisational security measures in place to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we gain from you.

6.2 While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

How will KAUAI store my Personal Information?

7.1 We store your Personal Information in a secure central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of personal data, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.

7.2 Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy. It will be permanently and securely deleted if we no longer need it for the purposes provided in this Policy.

Will KAUAI share my Personal Information with anyone else?

You agree that KAUAI may disclose your Personal Information to the following persons:

8.1. to KAUAI employees and/or third party service providers, such as to process your requested services properly and efficiently and in order for them to interact directly with you

8.2 to law enforcement, government officials, fraud detection agencies or other third parties when We believe in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of the Terms;

8.3 to our service providers (under contract with KAUAI) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). Our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for KAUAI and not for their own benefit;

8.4 to third party service providers for services such as payment processing, website hosting, data analysis, infrastructure provision, IT services, customer service, e-mail delivery services, and other similar services, to enable them to provide services;

8.6. to third parties’ sponsors of promotions or partnerships (irrespective of whether such promotions are hosted by KAUAI), or otherwise in accordance with the rules applicable to such promotions. You should carefully review the rules, if any, of each promotion in which you choose to participate, as they may contain additional important information about KAUAI, a sponsor’s and/or other third parties’ use of your Personal Information;

8.7. to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any insolvency and/or similar proceedings).

8.8. to the general public when you provide a rating or review of service received via social media, you consent to KAUAI using that rating / review as we deem fit, including without limitation on the sites, KAUAI App ®, in newsletters or other marketing material. The name that will appear next to that review will be your first name, as you would have provided upon registration. We will not display your surname, nor any of your contact details, with a rating or a review.

8.9. any party or third-party other than as described herein only if you consent to the sharing.

We will ensure that all of our employees, third party service providers, divisions, affiliates and third party business partners (including their employees and third party service providers) having access to your Personal Information are bound by appropriate and legally binding obligations in relation to the confidentiality and security of Your Personal Information and are restricted in their processing thereof as per this privacy policy.

Securing Your Profile on our App

9.1 The KAUAI App requires all users to create a 4-digit PIN to secure your App profile. This 4-digit PIN is required to log in to the KAUAI App, confirm payment and earn rewards.

9.2 You are responsible for making this password strong, complex and unique as well as to keep the password private and secure. Do not share this PIN with anyone.

9.3 You are responsible for all actions processed through your account. If you suspect its misuse or compromise, you must report it to us as soon as possible.

What Personal Information does KAUAI store about me and can I update or delete it?

10.1 You may at any time, request to view, edit or delete information we have collected about you. To see the Personal Information we have collected through the KAUAI Website or the KAUAI App ® that relates to you, to cancel, unsubscribe, delete it and/or to correct or update this Personal Information, please email us at care@kauai.co.za. In addition, we will always give you the opportunity to update your preferences regarding our use of your Personal Information.

10.2 To protect your privacy and security we will take reasonable steps to verify your identity before granting access. If you have any additional questions about Personal Data we hold about you, please contact us at care@kauai.co.za.

Children’s Privacy and our approach

11.1 The KAUAI website is accessible to children under the age of 18, however, our services do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. The KAUAI App will only register adults of 18 years or older be collecting a valid birthdate upon registration.

11.2 In the case we discover that a child under 18 has provided us with Personal Information, we will immediately delete this from our systems. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us.

11.3 We require children to consult with their parents before providing Personal  Information. We also encourage parents to supervise their children’s online activities by, for example, adopting parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other information without parental permission.

11.4 We encourage parents to talk to their children about the use of the Internet and mobile applications and information they disclose to websites.

Updates made to this Privacy Policy

12.1 From time to time, we may revise this Privacy Policy to reflect company initiatives, changes in the law or technology or changes in our practices regarding the collection and use of Personal Data. Thus, you are advised to review this page periodically for any changes.

12.2 We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones described above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.

SA Governing law & POPIA

13.1 The contents of this Privacy Policy shall be governed by the laws of the Republic of South African.

You can access more information about the Protection of Personal Information Act (POPIA) law here: https://popia.co.za/

Have further questions? Contact KAUAI directly

14.1 If you have any questions or comments about this Privacy Policy please feel free to contact us at care@KAUAI.co.za. Any complaints regarding the treatment of Personal Information should also be directed to the above.

 

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