PROTECTION OF PERSONAL INFORMATION ACT (PoPIA)

We may update this Privacy Policy from time to time to reflect changes to our information practices or for operational, legal, or regulatory reasons. If we make any material changes, we will post the revised Privacy Policy on the Site, update the “Last updated” date, and comply with any other notification obligations under PoPIA. Your continued use of the Services after any such changes indicates your acceptance of the updated Privacy Policy.

We collect personal information from you in accordance with PoPIA’s lawful processing principles, which include accountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards, and data subject participation. The information we collect, and use varies depending on how you interact with us and is used solely for lawful purposes as described below.

Examples of lawful purposes include:

• Providing the Services you request (e.g., processing orders, managing your account).
• Complying with legal obligations.
• Safeguarding legitimate interests, including fraud detection and security.
• Protecting your legitimate interests, for instance when you request or require customer support.

Information Provided Directly by You

• Basic contact details: Name, address, phone number, email address.
• Order information: Items ordered, billing/shipping address, payment confirmation, contact details for order
  notifications.
• Account information: Username, password, security questions (if you choose to register an account).
• Shopping information: Items viewed,
  added to cart, added to wish lists.
• Customer support information: Messages or documents you submit when contacting us.

Please note, some Services may require you to provide specific personal information. Without providing such information, you may not be able to use or access certain Services (e.g., placing an online order).

Information Collected Automatically (Cookies and Similar Technologies)

We automatically collect certain information about your use of our Site, such as:

• IP address
• Device and browser information
• Date/time stamps of visits
• Interaction data, including clicks
  or time spent on certain pages

We collect this information using technologies like cookies, pixels, and similar tracking tools. Such collection is done for purposes that include, but are not limited to, improving our Services, personalising your experience, analytics, and security checks. Cookies may also be used for marketing and advertising. You can manage your cookie preferences through your browser settings; however, doing so may limit certain Site functionalities.

We may receive information about you from trusted service providers who assist with payment processing, order fulfilment, analytics, or marketing. Examples include:

• Payment processors (e.g., for bank
  details, card details)
• Shipping and fulfilment partners
• Analytics providers
• Marketing partners that facilitate
  targeted advertising

We treat any personal information received from third parties in accordance with PoPIA and this Privacy Policy.

Under POPIA, we ensure that the processing of your personal information
aligns with the following purposes:

Providing Products and Services

• Fulfilling orders, processing payments, handling returns/exchanges.
• Managing and maintaining your account.
• Sending transactional communications (e.g., order confirmations).

Customer Support and Communication

• Responding to your enquiries and messages.
• Offering technical support or assistance.

Marketing and Advertising (with Consent, Where Required)

• Sending promotional communications if you have opted in.
• Showing advertisements on our Site or third-party websites to users who have not opted out of such activities.

Legal or Regulatory Requirements

• Complying with laws, court orders, or lawful requests.
• Fulfilling obligations under consumer protection or e-commerce regulations.

Security, Fraud Detection, and Prevention

• Detecting suspicious or fraudulent behaviour.
• Protecting our rights, property, and safety as well as those of our users.

We may disclose your personal information in line with POPIA, under these circumstances:

1. Service Providers: We share information with partners performing services on our behalf (e.g., payment processors, IT support, shipping providers, data analytics) to enable them to perform their contractual obligations.
   
2. Business and Marketing Partners: With your consent (where required), we may share your personal information with trusted partners that help facilitate marketing campaigns, personalisation, or advertising.
   
3. Legal or Regulatory Compliance: We may disclose information if required by law, court order, or regulatory authority, or when we believe disclosure is necessary to protect our rights or comply with a legal process.
   
4. Business Transfers: In the event of a merger, acquisition, sale of assets, or other business transaction, we may transfer your personal information as part of that transaction.
   
5. Your Consent: Where you have expressly authorised or requested disclosure.

We do not sell your personal information or share it with third parties for their independent marketing or commercial purposes outside of the circumstances described above.

We take reasonable, appropriate, and organisational measures to secure your personal information against loss, unauthorised access, or misuse. While we strive to protect your data, no security system can be entirely foolproof. If you suspect any unauthorised use or breach of your personal information, please contact us immediately using the details below.

We retain your personal information only for as long as it is needed to fulfil the purposes for which it was collected, including:

• Maintaining your account and transaction history;
• Complying with legal or regulatory obligations (e.g., record-keeping, tax
  regulations);
• Resolving disputes or enforcing agreements.

Once personal information is no longer required, we securely destroy or anonymise it, unless a longer retention period is required or permitted by law.

As a data subject under POPIA, you have the following rights, subject to certain limitations:

1. Right to Access: You may request details of the personal information we hold about you and how we process it.
   
2. Right to Correct / Rectify: You may request us to correct or update your personal information if it is inaccurate, irrelevant, or incomplete.
   
3. Right to Object: You may object, on reasonable grounds, to the processing of your personal information, unless we can demonstrate compelling legitimate grounds for such processing or if the processing is necessary for legal obligations.
   
4. Right to Erasure: You may request us to delete or destroy your personal information in certain circumstances (for example, if we no longer need it for the purposes for which it was collected, or if processing was based on consent you have withdrawn).
   
5. Right to Withdrawal of Consent: Where we rely on consent to process your personal information, you have the right to withdraw your consent at any time.
   
6. Direct Marketing Opt-Out: You may opt out of receiving direct marketing at any time by following the instructions in our marketing communications or by contacting us directly.

To exercise any of these rights, please contact us using the details provided below. We may need to verify your identity before implementing your request. Note that certain rights may be subject to limitations in terms of PoPIA or other applicable laws.

Our Services are not intended for individuals under the age of 18. We do not knowingly collect personal information from minors without parental or guardian consent. If you believe a child under 18 has provided personal information to us, please contact us so we can investigate and remove the information.

Our Site may include links to third-party websites or services that we do not operate or control. This Privacy Policy does not apply to the content, privacy practices, or information collection methods of those third parties. We recommend reviewing their privacy policies before interacting with them.

If we transfer your personal information outside of South Africa, we will do so in accordance with POPIA’s provisions for the international transfer of personal information. We will ensure that the recipient country has laws that provide similar protection or implement suitable contractual safeguards to protect your personal information.

If you have any complaints regarding our processing of your personal information, we encourage you to first contact us so we can address your concerns. You have the right to lodge a complaint with the Information Regulator (South Africa) if you believe we are not complying with PoPIA.

• Information Regulator (South Africa) Website
• Complaints Email

For any queries, requests, or complaints about this Privacy Policy or our data practices, you may contact us at:

• Email: sales@opathlete.co.za
• Address:
  On Point Tekkies
  Crossing Nelspruit
  West Acres
  Nelspruit
  Mbombela,
  Mpumalanga
  1201
  South Africa

We will strive to respond to your request or complaint within a reasonable time, in line with PoPIA requirements.