Cookies Policy

Effective Date: 30 November 2022

1. Introduction

Stitch Up (PTY) Ltd (“Stitch Up”, “we”, “us”, “our”) takes the protection of personally identifiable information (“Personal Data”) of the individuals and legal entities (“Data Subjects”) who visit our Website and use our Services very seriously. Please read this Privacy Notice (the “Notice”) to learn more about the way we collect, store, and use Personal Data. This Notice also provides you with more information on the privacy rights you may have under applicable privacy laws, including the Protection of Personal Information Act, 4 of 2013 (the “POPIA”).

2. What is covered by this notice

This Notice addresses Data Subjects whose Personal Data we may receive through our website (www.stitchup.co.za) (the “Website”) or through the course of marketing and selling our services to you (the “Services”). This Notice does not apply to Personal Data collected by any other means or in a different context, such as Personal Data of our own employees, contractors, or officers. This Notice does not apply to information we maintain in a manner that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, with a particular individual, and such information is not considered Personal Data.

3. Our controllership role

Within the scope of this Notice, we act as a data controller (also known as a “responsible party” under the POPIA) for the Personal Data we process. This means that we decide how and why your Personal Data is collected and processed. Please note that sellers and buyers on Stitch Up’s online marketplace act as independent data controllers with respect to the Personal Data they may process to honour sale agreements, respond to questions, or handle returns or complaints. We have no control over how these parties may use your Personal Data. Please refer to the privacy notice of the respective seller or buyer, for more information about their privacy practices.

4. Basis of processing

We may process your Personal Data on the basis of:

• your consent;

• the need to perform a contract that we entered into with you;

• our legitimate interests, such as our interest in marketing and selling our Services;
• our obligation to comply with applicable law; or

• any other ground, as required or permitted by applicable law.

Where we process your Personal Data based on your consent, you may withdraw your consent at any time. However, this will not affect the lawfulness of our processing before your withdrawal of consent. It will also not affect our processing performed on any other lawful ground. If we receive your Personal Data as part of providing our Services to you based on a contract, we require certain Personal Data to be able to carry out the contract. Without that necessary Personal Data, we will not be able to provide the Services to you.

5. How we receive personal data

We may collect or otherwise receive your Personal Data when:

• you visit and interact with our Website, including creating an online account via the Website;

• you provide it to us directly as a customer or prospective customer, including by way of contacting us via telephone, email, mail, or a contact form on our Website;

• you click on one of our advertisements, or social media posts, or open one of our emails;

• we receive it from affiliates within the Stitch Up corporate group; or

• we obtain it from publicly available sources.

6. Categories of personal data

We may process the following types of Personal Data listed below in connection with our Website and Services. In the case of an individual:

• basic identifying information, such as your name and surname;

• contact information, such as your telephone number and email address;

• billing and payment information;

• identifiers and device information, such as your IP address and associated location, device ID, operating system, and website navigational information, such as information about your interaction with the Website.

7. Purposed of processing

We may process your Personal Data for purposes of:

• providing you with access to our Website;

• managing our relationship with you;

• supporting our Services to you;

• responding to your requests and questions;

• sending you marketing communications about our business that you have expressed interest in, or which we think may interest you;

• collecting payments from you;

• measuring and improving our Website, Services, and marketing initiatives; and

• enforcing our legal obligations and complying with applicable laws and regulations.

8. Retention of personal data

We will aim to keep the Personal Data we collect as accurate, complete, and up-to-date as is necessary for the purposes in this Notice. We will only retain Personal Data for as long as it is necessary to fulfil the purpose for which it was collected and for as long as that purpose continues unless otherwise required by law.

9. Sharing of personal data

We will keep your Personal Data confidential and only share it with service providers who perform certain services on our behalf. We share your Personal Data solely for the service providers to perform services for us. All these service providers have a contractual obligation to secure your Personal Data and to use it only in a way that we permit. These service providers include, but are not limited to, those who provide:

• hosting services;

• payment processing services; and

• customer relationship management services.

Some of these service providers may be located outside of your country of residence (“Third Countries”). In some cases, the authorities in your country responsible for data protection may not have determined that the data protection laws in the countries where our service providers are located provide a level of protection equivalent to the laws in your country. Where Personal Data is transferred to such Third Country recipients, we make sure that appropriate safeguards are in place to provide for adequate protection of your Personal Data. For example, where Personal Data is transferred outside of South Africa, your Personal Data will only be transferred to Third Countries: (i) which have similar data privacy laws in place or (ii) where the recipient of the Personal Data concludes an agreement with Stitch Up which obliges the recipient to comply with strict confidentiality and data security conditions and which, in particular, are no less than the standard required by the POPIA. Please note that we may also disclose your Personal Data:

• to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by government and/or law enforcement officials, or private parties, including but not limited to a response to subpoenas, search warrants, or court orders;

• if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change; or

• to our subsidiaries or affiliates, only if necessary for business and operation purposes.

If we must disclose your Personal Data in order to comply with official investigations or legal proceedings initiated by the government and/or law enforcement, we may not be able to ensure that such recipients of your Personal Data will maintain the privacy and security of your Personal Data.

10. Data integrity and security

Stitch Up has implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect Personal Data from unauthorized processing, such as unauthorized access, disclosure, alteration, or destruction. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Data, kindly notify our Information Officer by sending an email to support@stitchup.co.za.

11. Cookies

We sometimes use “cookies”, which are files with a small amount of data, which may include anonymous unique identifiers. Cookies are sent to your browser from our Website and stored on your computer’s hard drive. We may use cookies to provide Website functionality, improve interactivity with our Website, allow for authentication (session management), obtain analytical information, and remember your settings. We use sessional and persistent cookies. Sessional cookies are deleted when you close your browser. Persistent cookies may remain on your device even after you close your browser, but will always have an expiration date. Some of the cookies placed on your device are first-party cookies since they are placed directly by us. However, please note that other third parties may also set their own (third-party) cookies through our Website. Please refer to the policies of these third parties to learn more about the way in which they collect and process information about you. We do not have access to or control over third-party cookies, and, therefore, cannot take responsibility for them. If you would prefer not to accept cookies, you can change the settings of your browser to reject some or all cookies. Please note that, if you reject certain cookies, you may not be able to use all of the functionalities of our Website and, in some cases, may experience technical difficulties when navigating our Website. We use Google Analytics. Google Analytics gathers information about your use of our Website by means of first and third-party cookies. The information gathered is used to create reports about the use of the Website. You can find out more about Google’s use of information by visiting this page.  You can review Google’s privacy policy here. You may set your browser to send a Do Not Track (“DNT“) signal. For more information about DNT signals, please visit https://allaboutdnt.com. Please note our website does not have the capability of responding to DNT signals.

12. Links to other websites

This Website may include links to other affiliated and unaffiliated websites. Those websites will have their own privacy policies that you may wish to review. We have no responsibility for unaffiliated linked websites or any use of those sites and their privacy practices. This Website may also contain links to our presence on various social media platforms. As we do not operate or control such platforms, this Notice does not apply to your use of such platforms.

13. Your right as a data subject

If you are a Data Subject about whom we store Personal Data, you have certain data protection rights under applicable privacy laws. We may need to confirm your identity in order to process your request. Your privacy rights include:

• The right to be informed – You have the right to obtain from us all information regarding our data processing activities that concern you, such as how we collect and use your Personal Information, how long we keep it, and with whom it will be shared with, among other things. We are informing you of how we process your Personal Data with this Notice.

• The right to access – You can ask us to confirm whether or not we process Personal Data concerning you, and, where that is the case, obtain copies of your Personal Data.

• The right to correction – You can ask us to correct or update inaccurate Personal Data concerning you.

• The right to deletion – You can ask us to erase your Personal Data in certain circumstances. We will always strive to fulfil your request. However, in certain circumstances, we may not be able to delete your Personal Data due to our obligation to maintain your Personal Data pursuant to a legal obligation. If that is the case, we will consider if there are means to limit how we use your Personal Data.

• The right to withdraw consent – You can also withdraw your consent, where consent is the legal basis for processing your Personal Data.

• The right to object to processing – You have the right to object to the processing of your Personal Data in circumstances where we rely on our legitimate interest to process your Personal Data. You also have the right to object, at any time, to the processing of your Personal Data for direct marketing purposes.

• The right to restrict processing – You have the ask us to only use or store your Personal Data for certain purposes. You have this right on certain occasions, such as when you believe the Personal Data is inaccurate or the processing activity is unlawful. This right enables you to ask us to suspend the usage of Personal Data about you, for example, if you want us to establish its accuracy or the reason for processing it.

• The right to complain to a supervisory authority – You can complain about our processing of your Personal Data to the relevant data protection authority.

These rights are subject to certain limitations and exceptions. To exercise any of the rights described above, please contact our Information Officer using the contact details in Section 14 below. Should you feel unsatisfied with our handling of your Personal Data, or about any complaint you have made to us, you have the right to lodge a complaint to the South African Information Regulator.

14. Contact Us

If you have any questions or concerns about our data privacy practices or the contents of this Notice, or if you would like to exercise your privacy rights, please send an email to our Information Officer, whose details appear below:

Information Officer:	Tracy Hardy
Email:	support@stitchup.co.za

15. Updates to this notice

If we make any material changes to this Notice, we will post the revised Notice on this Website. We will also update the “effective date” accordingly.